SCHOOL OF THOUGHT

1. Classical School – doctrine of psychological - 122 rules

hedonism or freewill. - Rules are based on an obligation to treat all prisoners
2. Neo-Classical School – modification of classical with respect for their inherent dignity and value as
school human being and to prohibit torture and other forms of
3. Positivist School – that crime is a natural ill-treatment.
phenomenon and criminals are sick individuals.
RIGHTS OF PERSONS DEPRIVED OF LIBERTY
PURPOSES/JUSTIFICATION OF PUNISHMENT
a. right to be treated in a humane manner
1.RETRIBUTION – punishment should be provided by b. right to a fair trial with adequate and free legal
the state whose sanctioned is violated, to afford the assistance
society or the individual the opportunity of imposing c. right to be protected from cruel, in humane, degrading
upon the offender suitable punishment as might be treatment and punishment, including sexual violence and
enforced. Offenders should be punished because they other forms of torture.
deserve it. d. right to be kept in official government civilian prisons
and to be protected from being imprison in unofficial
2. EXPIATION OR ATONEMENT – it is punishment places of detention or in military custody.
in the form of group vengeance where the purpose is to e. right to appear in public before a legally constituted
appease the offended public or group. court within a short time after their arrests.
f. right to fair and humane treatment which enables the
3. DETERRENCE – punishment gives lesson to the maintenance of self respect.
offender by showing to others what would happen to g. right to a prison program which enables their social
them if they violated the law. Punishment is imposed to and intellectual abilities.
warn potential offenders that the can not afford to do h. right to separate living arrangements in prison in
what the offender has done. accordance with the categories of gender, age and
reasons for imprisonment.
4. INCAPACITATION AND PROTECTION – the i. that prisoners awaiting trial have the right to be
public will be protected if the offender has been held in separated from other prisoners
the conditions where he can not harm others especially k. right to communicate with their families and to
the public. Punishment is effected by placing offenders maintain familial relationships
in prison so that society will be ensured from further j. right to free legal assistance.
criminal depredations of criminals.
PHILIPPINE CORRECTION ADMINISTRATION
5. REFORMATION OR REHABILATATION – it is
the establishment of the usefulness and responsibility of *BUREAU OF CORRECTION(BUCOR) under DOJ
the offender. Society’s interest can be better served by - has supervision over the national penitentiary and its
helping the prisoner to become law abiding citizen and penal farms
productive upon his return to the community by
requiring him to undergo intensive program of *BUREAU OF JAIL MANAGEMENT AND
rehabilitation in prison. PENOLOGY(BJMP) under DILG
- has the exclusive control over all city, municipal and
THEORIES JUSTIFYING IMPOSITION OF district jails nationwide.
PUNISHMENT
*PROVINCIAL GOVERNMENT under DILG
1. PREVENTION THEORY – the state must punish - supervise and control their respective provincial jail
the criminal to prevent or suppress the danger to the state and sub-provincial jails
arising from the criminal acts of the offender.
*DEPARTMENT OF SOCIAL WELFARE AND
2. SELF DEFENSE THEORY – state has the right to DEVELOPMENT (DSWD)
punish the criminal as a measure of self defense as to - which take care of, among others, youthful offenders
protect the society from threat and wrong inflicted by the entered in declaration centers for juveniles, aside from
criminal. these.

3. REFORMATION THEORY – the object of *PAROLE AND PROBATION ADMINISTRATION

punishment is to correct and reform the offenders (PPA) under DOJ

4. EXEMPLARY THEORY – the criminal is punished *BOARD OF PARDONS AND PAROLE under DOJ
to serve as an example to deter others from committing
crimes. PENALTY – the suffering inflicted by the state against
an offending member for the transgression of law.
5. JUSTICE THEORY – the crime must be punished
by the state as an act of retributive justice a vindication JURIDICAL CONDITIONS OF PENALTY
of absolute right and moral law violated by the criminal.
1. Productive of suffering – without however affecting
UNITED NATIONS STANDARD MINIMUM the integrity of the human personality
RULES FOR THE TREATMENT OF PRISONERS 2. Commensurate with the offense – different crimes
(NELSON MANDELA RULESE) must be punished with different penalties.
3. Personal – the guilty one must be the one to be confinement of political prisoners during Spanish Era. It
punished, no proxy. was closed during the Spanish American War and was
4. Legal – the consequence must be in accordance with re-opened during the American Occupation.
the law.
5. Equal – equal for all person 7. Leyte Regional Prison (Abuyog, Leyte) –
6. Certain – no one must escape its effects. established under Proclamation No. 1101. This penal
7. Correctional – changes the attitude of the offenders farm is intended for industrial activities.
and become law abiding citizens.
WHO IS A PRISONER?
DURATION OF PENALTIES ► a person committed to jail or prison by a competent
authority for any of the following reasons: To serve a
Arresto Menor – 1 day to 30 days sentence after conviction, Trial, Investigation.
Arresto Mayor – 1 month to and 1 day to 6months
Prison Correccional – 6months and 1 day to 6 years GENERAL CLASSIFICATION OF PRISONERS
Prison Mayor – 6 years and 1 day to 12 years
Reclusion Temporal – 12 months and 1 day to 20 years 1. Detention Prisoners – detained for investigation
Reclusion Perpetua – 20 years and 1 day to 40 years preliminary hearing or awaiting trial. They are prisoner
Death Penalty – Capital Punishment (RA 7659) under the jurisdiction of courts.

THE PHILIPPINES PRISON SYSTEM 2. Sentenced Prisoners – offenders who are committed
to the jail or prison in order to serve their sentence after
► A penitentiary, an institution for the imprisonment final conviction by a competent court. They are prisoners
( incarceration) of persons convicted of major/serious under the jurisdiction of penal institutions.
crimes
► A building, usually with cells, or other places 3. Prisoners who are on Safekeeping – includes non-
establishment of criminals criminal offenders who are detained in order to protect
► A place of confinement for those charged with or the community against their harmful behavior. Ex.
convicted of offenses against the laws of the land Mentally deranged individuals, insane person.
► From Graco- Roman word “presidio”, “pre” means
inside. Synonymous to cave, fence or dungeon. CLASSIFICATION OF SENTENCED PRISONERS

COVERAGE OF THE BUREAU OF CORRECTION 1. Insular/National Prisoners – those sentenced to

suffer a term of sentenced of 3 years and 1 day to life
1. National Bilibid Prison (Muntinlupa Rizal) – imprisonment. Those sentenced to suffer term of
operated two satellite units imprisonment cited above but appealed the judgement
► Camp Sampaguita – houses medium risk prisoners and unable to file a bond for their temporary liberty.
► Camp Bukang Liwayway – houses minimum risk
security prisoners 2. Provincial Prisoners – those persons sentenced to
This is where the bureau of correction main is suffer a term of imprisonment from 6 months and 1 day
located to 3 years or a fine not more than 1k pesos. Those
detained therein waiting for preliminary investigation of
2. Correctional Institution for Women their cases recognizable by the RTC.
(Mandaluyong) – only female institution in the
Philippines, since 1934, a female Superintendent was 3. City Prisoners – those sentenced to suffer a term of
assigned to supervise the prison facility. imprisonment from 1 day to 3 years fined of not more
than 1000 pesos or both. Those detained therein whose
Vocational Activities: dressmaking, beauty culture and cases are filed with the MTC. Those detained whose
handicrafts cases are cognizable by the RTC and under Preliminary
Investigation.
3. Sablayan Penal Colony and Farm (Occidental
Mindoro) – this penal farm is intended for agro- 4. Municipal Prisoners – those confined in municipal
industrial act jails to serve an imprisonment from 1 day to 6 months.
Those detained therein whose trials of their cases are
4. Iwahig Penal Colony and Farm (Palawan) – pending with the MTC.
envisioned as an institution for incorrigible criminals.
However, the first confingent of prisoners to be confined CLASSIFICATION OF PRISONERS ACCORDING
revolted against the authority under the Reorganization TO THE DEGREE OF SECURITY
act 1407, the policy was changed, instead of putting
hardened criminals, well behaved and obedient inmates 1. Super Maximum Security Prisoners – a special
were sent to colony. group of prisoner composed of incorrigible, intractable
and highly dangerous persons who are the source of
5. Davao Penal Colony and Farm (Central Davao) – constant disturbances even in a maximum security
the biggest banana and abaca plantations are located. It prison.
is also considered as the highest earner. - orange uniform

6. San Ramon Penal Colony and Farm (Zamboanga) 2. Maximum Security Prisoners – consists of constant
– founded by Captain Ramon Blanco a member of the troublemakers but not as dangerous as the super
Spanish Royal Army. It was initially intended for the maximum security prisoners their movements are
restricted and they are not allowed to work outside. They
are confined at the Maximum Secuity Prison (NBP Main 7. Violent Extremist Offender (VEO) -a person whose
Building) they wear orange uniform. Those sentenced to political or religious ideologies are considered far
serve sentence 20 years or more or those whose outside the mainstream attitudes of the society who has
sentenced are under the review of the supreme court and adopted an increasing extreme ideas and aspirations
offenders who are criminally insane having serve resorting to the employment of violence in the
personality or emotional disorders. furtherance of his/her beliefs.
8. Medium Risk Inmates – those represent a moderate
3. Medium Security Prisoners – those who cannot be risk to the public and staff. These inmates still require
trusted in open condition and pose lesser danger than greater security control and supervision as they might
maximum security prisoners in case they escape. It escape from and might commit violence inside the jail.
consists of groups of prisoners who maybe allowed to
work outside the fence or walls of penal institution under 9. Minimum Risk Inmates – those inmates who have
guards or with escorts. They occupy the Medium lesser tendencies to commit offenses and generally pose
Security Prison (Camp Sampaguita) and wear blue color the least risk to public safety. In most cases, they may be
uniform. Generally employed as agricultural workers. It first time offenders and charged with light felonies.
includes prisoners whose minimum sentence is less than
20 years and life sentenced prisoners who served at least CLASSIFICATION OF INMATE ACCORDING TO
10 years inside a maximum security prison. PRIVILEDGE

4. Minimum Security Prisoners – a group of prisoners *3rd Class Inmate – committed 3 or more times crimes
who can be reasonably trusted to serve sentence under as sentenced prisoner
“open condition”. This group includes prisoners who can *2nd Class Inmate – newly arrived inmate, Inmate
be trusted to report their work assignments without the demoted from 1st class or promoted from 3rd class.
presence of guards. They occupy the Minimum Security *1st Class Inmate – known for character and credit for
Prison (Camp Bukang- Liwayway) and wear brown work while in detention or a person promoted from 2nd
uniforms. class.
*Colonist – one who passed as the 1st class inmate had
INMATES CLASSIFICATION (BJMP MANUAL) served one year immediately preceding the completion
of the period which is 1/5 GCTA or served 7 years of his
1. High Profile Inmates – required increase security life sentence. (can be trusted)
based on intense media coverage or public concern as a
result of their offenses such as but not limited to those PRIVILEDGES OF COLONIST
who have been involved in a highly controversial or
sensationalized crime or those who became prominent ● Automatic commutation to 30 years of life
for being a politician, government official, television imprisonment
personality etc. ● Deduction 5 days per month
● Wear civilian clothes
2. High Risk Inmate – highly dangerous, deemed ● Can live with his family
capable of escape of being rescued, includes those ● Subsidy from the government
charged with heinous crimes such as murder, kidnapping ● Use of prison facilities
for ransom, economic sabotage syndicated or organized
crimes etc. Also included are inmates with military or GOOD CONDUCT TIME ALLOWANCE (GCTA)
police trainings or those whose life is in danger or under RA 10592
imminent threat.
● 1-2 years of good behavior = 20 days/month
3. High Value Target – a target, either a resource or a deduction
person , who may either be an enemy combatant, high ● 3-5 years of good behavior = 23 days/months
ranking official or a civilian in danger of capture or deduction
death, typically in possession of critical intelligence. ● 6-10 years = of good behavior = 25 days/months
deduction
4. Security Threat Group – any formal or informal ● 11 years and onwards = 30 days per month deduction
ongoing inmate’s group, gang, organization or ● 15 days deduction per month: for study and mentoring
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 gang groups and terrorist
organization.
5. Subversive Group – a group of persons that adopts or
advocate subversive principles of policies tending to
overthrow or undermine an establishment government.

6. Terrorist Group – a group of persons that commits

any of the following: piracy and mutiny in the high seas
or in the Philippine water, rebellion or insurrection, coup
d’etat, murder, kidnapping and serious illegal detention,
crimes involving obstruction, arson. Hijacking etc.