THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT
1. Prevention Theory-the state must punish the criminal to prevent or suppress the danger to the
state arising from the criminal acts of the offender.
2. Self Defense Theory-the state has the right to punish the criminal as a measure of self-defense so
as to protect society from the threat and wrong inflicted by the criminal.
3. Reformation Theory-the object of punishment is to correct and reform the offenders.
4. Exemplary Theory-the criminal is punished is to serve as an example to deter others from
committing crimes
5. Justice Theory-the crime must be punished by the state as an act of retributive justice a
vindication of absolute right and moral law violated by the criminal.
Rights of Persons Deprived of Liberty (PDL)
a. right to be treated in a humane manner;
b. right to a fair trial with adequate and free legal assistance;
c. right to be protected from cruel, inhumane, degrading treatment and punishment, including
sexual violence and other forms of torture;
d. right to be kept in official government civilian prisons and to be protected from being imprisoned
in unofficial places of detention or in military custody;
e. right to appear in public before a legally-constituted court within a short time after their arrest;
[Link] to fair and humane treatment which enables the maintenance of self respect;
[Link] to a prison program which enhances their social and intellectual abilities;
h. right to separate living arrangements in prison in accordance with the categories of gender, age,
and reasons for imprisonment;
i. That prisoners awaiting trial have the right to be held separately from convicted prisoners;
j. That political prisoners have the right to be segregated from other prisoners;
[Link] to communicate with their families and to maintain familial relationships;
1. right to free legal assistance
Philippine Correction Administration
The BUREAU OF CORRECTIONS(BUCOR), under the DOJ; which has supervision over the national
penitentiary and its penal farms;
The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),under the DILG; which has the
exclusive control over all city, municipal and district Jails nationwide;
The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective
provincial and sub-provincial Jails; and
the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of, among
others, youthful offenders entered in detention centers for juveniles, aside from these,
Philippine Correction Administration
The Parole and Probation Administration (PPA)under the Department of Justice (DOJ); and
The Board of Pardons and Parole also under the Department of Justice.
Duration of Penalties
Death Penalty-Capital punishment
Reclusion Perpetua-life imprisonment, a term of 20 years
and 1 day -40 yrs imprisonment
2. Reclusion Temporal- 12 years and 1 day to 20 years
3. Prision Mayor - 6 years and 1 day to 12 years
4. Prision correccional, suspension, and destierro- 6 months and 1 day to 6 years
5. Arresto Mayor- 1 month and 1 day to 6 months
6. Arresto Menor- 1 day to 30 days
THE PHILIPPINE PRISON SYSTEM
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 Corrections is the Director of Prisons who is appointed by the President of
the Philippines with the confirmation of the Commission of Appointments.
Prison
- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of
major/serious crimes.
- A building, usually with cells, or other places established for the purpose of taking safe custody or
confinement of criminals.
- A place of confinement for those for those charged with or convicted of offenses against the laws
of the land.
-from Graco-Roman word “presidio”. “Pre” means [Link] is synonymous to cave, fence, or
dungeon.
Coverage of the Bureau of Corrections
[Link] Bilibid Prisons (Muntinlupa, Rizal)-operates two satellite units:
Camp Sampaguita-houses medium security risk prisoners
Camp Bukang Liwayway-houses minimum risk security prisoners This is where the Bureau of
Correction main is located.
Land Area: 1,546 hectares
Principal Product: Copra, Rice, Coffee,etc.
2. Correctional Institution for Women (Mandaluyong)- the only female institution in the
Philippines. Since 1934, a female Superintendent was assigned to supervise the prison facility.
Vocational activities: dress making, beauty culture, handicrafts.
3. Sablayan Penal Colony and Farm (Occ. Mindoro)-this penal farm is intended for agro-industrial
activities.
Principal Product:Rice
[Link] Penal Colony and Farm (Palawan)- envisioned as an institution for incorrigible criminals.
However, the first contingent of prisoners to be confined revolted against the [Link] the
Reorganization Act 1407,the policy was changed, instead of putting hardened criminals, well
behaved and obedient inmates were sent to the colony.
Land Area: 36,000-41,007 hectares
Principal Products: Rice, Corn, Copra
5. Davao Penal Colony and Farm (Central Davao)-this is where the biggest banana and abaca
plantations are located. It is also considered as the highest earner.
Land Area: 30,000
6. San Ramon Penal Colony and Farm (Zamboanga)-founded by Captain Ramon Blanco, a member
of the Spanish royal army. It was initially intended for the confinement of political prisoners during
Spanish era. It was closed during the Spanish American war and was re opened during the American
occupation.
Land Area: 1,546 hectares
Principal Product: Copra, Rice, Coffee
[Link] Regional Prison (Abuyog Leyte)-established under Proclamation No. 1101. This penal farm
is intended for agro industrial activities.
Land Area: 16, 408.5 hectares
Principal Product:Rice
WHO IS A PRISONER?
- A person committed to jail or prison by a competent authority for any of the following reasons: To
serve a sentence after conviction Trial-Investigation
General Classification of Prisoners
1. Detention Prisoners- those detained for investigation,preliminary hearing, or awaiting trial. They
are prisoners under the jurisdiction of Courts.
[Link] Prisoners-offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent [Link] are prisoners under the jurisdiction of
penal institutions.
3. Prisoners who are on Safekeeping- includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior. Ex. Mentally deranged individuals, insane
person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners-Those sentenced to suffer a term of sentence of 3 years and 1 day
to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and
unable to file a bond for their temporary liberty.
2. Provincial Prisoners-Those persons sentenced to suffer a term of imprisonment from 6 months
and 1 day to 3 years or a fine not more than 1,000 pesos, or both; or
Those detained therein waiting for preliminary investigation of their cases cognizable by the RTC.
City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3years or a fine of not more than
1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under Preliminary Investigation
Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1day to 6 months.
- Those detained therein whose trials of their cases are pending with the MTC.
Classification of Prisoners According to Degree of Security
1. Super Maximum Security Prisoners
A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons
who are the source of constant disturbances even in a maximum-security prison.
They wear orange color of uniform.
2. Maximum Security Prisoners-It consist of constant troublemakers but not as dangerous as the
super maximum-security [Link] movements are restricted and they are not allowed to
work outside.
They are confined at the Maximum Security Prison (NBP Main Building),they wear orange color of
uniform.
those sentenced to serve sentence 20 years or more, or those whose sentenced are under the
review of the Supreme Court, and offenders who are criminally insane having severe personality or
emotional disorders
3. Medium Security Prisoners
Those who cannot be trusted in open conditions and pose lesser danger than maximum-security
prisoners in case they escape.
- It consists of groups of prisoners who maybe allowed to work outside the fence or walls of the
penal institution under guards or with escorts.
They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of uniforms.
Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners
who served at least 10 years inside a maximum security prison.
[Link] Security Prisoners
- A group of prisoners who can be reasonably
trusted to serve sentence under “open conditions”
- This group includes prisoners who can be trusted to report to their work assignments without the
presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color
uniforms.
INMATES SECURITY CLASSIFICATION (BJMP Manual)-
a. High Profile Inmate - 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, television personality,etc.
b. High Risk Inmate - highly dangerous, deemed capability of escape of being rescued. 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.
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.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered
far outside the mainstream attitudes of the society 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
Classification of Inmates According to Privilege
3rd class inmate- committed three or more times as sentenced prisoner.
2nd class inmate- newly arrived inmate. Inmate demoted from 1st class or promoted from 3rd
class.
1st class inmate- known for character and credit for work while in detention or a person promoted
from 2nd class.
Privileges of Colonist
-Automatic commutation to 30 years of life imprisonment
-Deduction 5 days per month
-Wear civilian clothes
-Can live with his family
-Subsidy from the government
-Use of prison facilities
GCTA (Republic Act 10592)
1-2 years of good behavior: 20 days/month deduction
3-5 years of good behavior: 23 days/month deduction
6-10 years of good behavior: 25 days/month deduction
11 years and onwards: 30 days/month deduction
15 days deduction/month: for study and mentoring
