Computer Arts and Technological College, Inc.

Balintawak Street, Albay District, Legazpi City

COLLEGE OF CRIMINAL JUSTICE EDUCATION

INSTITUTIONAL
CORRECTION
 Computer Arts and Technological College, Inc.
Balintawak Street, Albay District, Legazpi City

OUTCOME-BASED LEARNING MODULES (OBLM)

INSTITUTIONAL CORRECTION

Name of Instructor: Ivy M. Ocharan

Course/Subject Title: Institutional Correction

No. of hours per week: 3 hours

Units: 3 units

Course/Subject Description: This course covers the study of the processes

of institutional corrections both local and
international settings, including pertinent laws
relative to human rights and victim welfare and
various rehabilitation programs, including
offenders' re-integration program to the
community.

Unit Title: Institutional Correction

Course Learning Outcome: After studying all materials and resources

presented in the course, the student will be able
to:
1. Describe the organization and operation of
correctional systems and alternatives to
institutionalization.
2. Describe treatment and rehabilitative
programs.
3. Differentiate between the short-term
incarceration and long-term institutional
environments.
4. Evaluate current and future correctional
issues. 5. Identify the Constitutional rights
applicable to the correctional setting.
 TABLE OF CONTENTS

INTRODUCTION

Prison/Penitentiary, Jail Distinguished

Four Classes of Prisoners
Three Types of Detainees
Institutional Framework
Bureau of Correction
Issues Confronting the Philippine Correction System
Measures undertaken to improve the treatment of offenders.
History of Correction

MODERN CONCEPT OF PENOLOGY AND JAILS

Purpose of Confinement
Basic Principles of Correction
Definition of Terms commonly Used in the correctional study.
Types of Jails
Jail Bureau Mission, Objectives and principles, mandate, functions
Core Values
Objectives
Types of Jails and administrator
Duties and responsibilities of key BJMP Officers
Courts and other entities authorize to commit a person to jail.

SEVEN PENAL INSTITUTION OF THE PHILIPPINES AND THE ADMISSION,

CONFINEMENT AND CLASSIFICATION
Of Inmates Early History of Prisons
Bureau of Correction, Department of Justice
The Seven Penal Operating unit of the BUCOR
Admission and Confinements and Classification of Inmates
Issuance of Uniform
Personal Effects of Inmates
General Classification of Prisoners
Classification as to Sentence
Classification of Inmates as to the Security Status
Color(s) of Uniform as to Security Classification

DIVERSIFICATION AND CLASSIFICATION OF INMATES AS TO

ENTITLED OF PRIVILEGE
Diversification Concept and Importance
Classification of Inmates as to Entitlement to Privilege
Privilege of the Colonist
Confinement and Accommodation of Inmates
Prison Accommodation Standard
TRANSFER OF INMATES
Outside Movement of Inmates
Rights and Privilege of Inmates

PRISON LABOR AND RULE AND REGULATION IMPLEMENTED IN THE PRISON

Institutional Prison Labor
Agreement of Detainee to Abide by
Rules Impose on Finally Convicted Inmates
Compensation Credit
INTRODUCTION

The Philippine Corrections System is composed of the institutions in the government, civil
society and the business sector involved in the confinement, correction and restoration of persons
charged for and/or convicted of delinquent acts or crimes. The public sector formulates sound
policies and rules on corrections, penology and jail management, rehabilitation, and restoration.

All prisons or penitentiaries, jails and detention centers are under the direct control and
supervision of the government. The government, thus, plays a dominant role in the correction and
rehabilitation of offenders.1 The civil society which includes the non-government organizations,
people’s organizations, religious organizations, academe, and the media, provide support services
such as health services, training, livelihood, spiritual guidance, and counselling. It is also active in
advocacy and social mobilization for the protection of inmates’ human rights and enhancement of
access to justice.

The business sector has minimal participation in corrections services but offers tremendous
opportunities for improved efficiency and public sector exit options.

The Philippines adheres to the provisions of the UN Standard Minimum Rules for the
Treatment of Prisoners and UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo
Rules) and other international human rights instruments which define and guarantee the rights of
inmates. Some of these provisions are already embodied in the Philippine Constitution4 and in its
laws, rules and regulations and ordinances. Section 2, Article of the Constitution, moreover,
provides that “The Philippines… adopts the generally accepted principles of international law”.

Careers in criminology and criminal justice certainly require a wide variety of skills.
Among the most important skills and abilities, those looking for jobs in criminology will need, no
matter their specific field, is the ability to communicate in various forms. Written language is
perhaps the single most valuable skill career seekers should possess.

Written communication is vital in every aspect of the criminology career. Police

officers write reports; criminologists issue proposals, policy papers and studies; and forensic
science technicians produce written records of their findings and conclusions. Writing is one of
the most fundamental abilities in every career option within criminology. Here are a few reasons
why you should want to hone your writing skills now so you can be more effective in the future:

Face it; first impressions do matter, whether you want them to or not. The simple fact is
that in most cases, your written reports will be the first and only introduction you will ever have
to some especially important and high-ranking people. Whether you are presenting a survey or a
study you have just completed, or you are writing an arrest report, your written word will be seen
and reviewed by judges, politicians, lawyers, and the press.
 LEARNING OUTCOME 1.1

THE PHILLIPINE CORRECTION SYSTEM

CONTENT:

1. Prison/Penitentiary, Jail Distinguished

2. Four Classes of Prisoners
3. Three Types of Detainees
4. Institutional Framework
5. Bureau of Correction
6. Issues Confronting the Philippine Correction System
7. Measures undertaken to improve the treatment of offenders.
8. History of Correction

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.1

Learning Outcome 1.1 THE PHILLIPINE CORRECTION SYSTEM

Learning Activities Special Instruction

1. To know the history of correction in the 1. The information sheet 1.1 is the overview of
Philippines. correctional system in the Philippines.

2. To understand the role of Bureau of Correction 2. To understand why those offenders need to
in terms of rehabilitation program of prisoners. undergo rehabilitation and serve their
punishment inside the correction facility.

Note: The learning activities in information 1.1 are to determine if you understand the topic in
lesson 1.1.

Information Sheet 1.1

THE PHILLIPINE CORRECTION SYSTEM

Learning Objectives:

After reading the information sheet you should be able to.

1. Gain knowledge about the Bureau of Correction in the Philippines.

2. To understand the reason why those offenders committed a crime need to undergo a
rehabilitation and serve their punishment inside the correction.
3. To know the different types of rehabilitation and treatment given to those convicted personnel.
4. To gain an idea how does the correction in the Philippines develop.
 LEARNING OUTCOME 1.1

THE PHILLIPINE CORRECTION SYSTEM

PRISON/PENITENTIATY JAIL DISTINGUISHED

In the Philippines, there is a distinction between a “jail” and “prison”. A “jail” is defined
as a place of confinement for inmates under investigation or undergoing trial or serving short-term
sentences. It is differentiated from the term “prison” which refers to the national prisons or
penitentiaries managed and supervised by the Bureau of Corrections, an agency under the
Department of Justice.

Jails include provincial, district, city and municipal jails managed and supervised by the
Provincial Government and the Bureau of Jail Management and Penology (BJMP), respectively,
which are both under the Department of the Interior and Local Government. Municipal and city
prisoners are committed to municipal, city or district jails managed by the BJMP. A district jail is
a cluster of small jails, each having a monthly average population of ten or less inmates and is in
the vicinity of the court. Where the imposable penalty for the crime committed is more than six
months and the same was committed within the municipality, the offender must serve his or her
sentence in the provincial jail which is under the Office of the Governor. Where the penalty
imposed exceeds three years, the offender shall serve his or her sentence in the penal institutions
of the BuCor.

FOUR CLASSES OF PRISONER

1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day
to death.
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three
years; 3. City prisoner – one who is sentenced to a prison term of one day to three years; and 4.
Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

THREE TYPES OF DETAINEES

1. Those undergoing investigation.

2. those awaiting or undergoing trial; and
3. those awaiting final judgment.
INSTITUTIONAL FRAMEWORK

Three major government functionaries are involved in the Philippine correctional system,
namely: The Department of Justice (DOJ), Department of the Interior and Local Government
(DILG) and the Department of Social Welfare and Development (DSWD). The DOJ supervises
the national penitentiaries through the Bureau of Corrections, administers the parole and probation
system through the Parole and Probation Administration, and assists the President in the grant of
executive clemency through the Board of Pardons and Parole. DILG supervises the provincial,
district, city and municipal jails through the provincial governments and the Bureau of Jail
Management and Penology, respectively. DSWD supervises the regional rehabilitation centers for
youth offenders through the Bureau of Child and Youth Welfare.

BUREAU OF CORRECTION

BuCor has for its principal task the rehabilitation of national prisoners, or those sentenced
to serve a term of imprisonment of more than three years. Since its creation, the BuCor has evolved
with modern penology and has shifted from the traditional view of imprisonment as society’s
retribution against criminal offenders into one which regards imprisonment as a humanizing and
enriching experience. Corrections focus on rehabilitation and regards inmates as patients who need
treatment and guidance to become productive and responsible members of society upon their
release. At present, BuCor has seven prison facilities for its 26,792 prisoners. It has one prison
institution for women and one vocational training center for juveniles. All prison institutions have
their own Reception and Diagnostic Centre (RDC), Classification Board, Rehabilitation and
Vocational Training Programs, Inmate Complaints, Information and Assistance Centre (ICIAC),
Inmate Council and Board of Discipline. RDC receives, studies, and classifies inmates committed
to BuCor. The Classification Board classifies inmates according to their security status. To extend
prompt, efficient, and timely services to inmates, BuCor created ICIA which is tasked to act, within
seventy-two hours, on all the complaints, requests for information and assistance of inmates. The
common complaints/requests made by inmates are complaints against employees/co-inmates,
status of prisoners’ release, computation of Good Conduct and Time Allowance and problems
regarding visitors’ visits. The Inmate Council, which is composed of finally convicted inmates,
serves as an advisory body of the Superintendent of each institution. The Board of Discipline hears
complaints and grievances about violations of prison rules and regulations.

BURUEA OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

Also known as the Jail Bureau, BJMP, an agency under the DILG, was created pursuant to
Section 60, Republic Act No. 697513, which took effect on January 2, 1991. It is mandated to
direct, supervise and control the administration and operation of all districts, city, and municipal
jails nationwide.
FUNCTIONS

(i) Formulate policies and guidelines on the administration of all districts, city, and
municipal jails.
(ii) (ii) Formulate and implement policies for the programs of correction, rehabilitation,
and treatment of inmates.
(iii) Plan and program funds for the subsistence allowance of inmates.
(iv) Conduct research, develop, and implement plans and programs for the improvement of
jail services throughout the country. After twelve (12) years of existence as a separate
agency under the DILG, the BJMP still shares its responsibilities with the Philippine
National Police (PNP). The involvement, however, of the police in penology and jail
management is a temporary arrangement in view of BJMP’s limited capacity.

BURUEA OF CHILD AND YOUTH WELFARE

Presidential Decree (P.D.) No. 603, as amended16, was promulgated to provide for the care
and treatment of youth offenders from the time of apprehension up to the termination of the case.
The Bureau provides intensive treatment for the rehabilitation of youth offenders on suspended
sentence. Under the said law, a youth offender is defined as a child, minor or youth who is over
nine years but under eighteen years of age at the time of the commission of the offence.

PROVINCIAL GOVERNMENT

Provincial jails, numbering 104 in all, including sub-provincial extensions, are under the
supervision and control of the provincial governments.

PAROLE AND PROBATION ADMINISTRATION

The PPA was created pursuant to Presidential Decree (P.D.) No. 96820, as amended, to
administer the probation system. Under Executive Order No. 29221, the Probation Administration
was renamed as the “Parole and Probation Administration”, and given the added function of
supervising prisoners who, after serving part of their sentence in jails are released on parole or
granted conditional pardon. The PPA and the Board of Pardons and Parole are the agencies
involved in the non-institutional treatment of offenders. Probation is the status of an accused who,
after conviction and sentence, is released subject to conditions imposed by the court and to the
supervision of a probation officer. It is a privilege granted by the court; it cannot be availed of as
a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it
must first be shown that an applicant has none of the disqualifications imposed by law.
CRITERIA FOR PROBATION

In determining whether an offender may be placed on probation, the court shall consider
all information relative to the character, antecedents, environment, mental and physical condition
of the offender, and available institutional and community resources. Probation shall be denied if
the court finds that:

(i) the offender needs correctional treatment that can be provided most effectively by his
commitment to an institution.
(ii) there is an undue risk that during the period of probation, the offender will commit
another crime; or
(iii) probation will depreciate the seriousness of the offence committed.

DISQUALIFIED OFFENDERS

Offenders who are disqualified are those:

(i) sentenced to serve a maximum term of imprisonment of more than six years.
(ii) convicted of subversion or any offence against the security of the State, or the public
order.
(iii) who have previously been convicted by final judgment of an offence punished by
imprisonment of not less than one month and one day and/or a fine of not more than
Two Hundred Pesos (200.00); or?
(iv) who have already been on probation under the provisions of the Decree?

PROBATION CONDITIONS

The grant of probation is accompanied by mandatory or discretionary conditions imposed by the

court:

(i) The mandatory conditions require that the probationer shall (a) present himself or
herself to the probation officer designated to undertake his or her supervision at each
place as may be specified in the order within 72 hours from receipt of said order, and
(b) report to the probation officer at least once a month at such time and place as
specified by said officer.
(ii) Discretionary or special conditions are those additional conditions imposed on the
probationer which are geared towards his or her correction and rehabilitation outside
of prison and right in the community to which he or she belongs. A violation of any of
the conditions may lead either to a more restrictive modification of the same or the
revocation of the grant of probation. Consequent to the revocation, the probationer will
have to serve the sentence originally imposed.
REVOCATION OF PROBATION

At any time during probation, the court may issue a warrant for the arrest of a probationer
for any serious violation of the conditions of probation. The probationer, once arrested and
detained, shall immediately be brought before the court for a hearing of the violation charged. The
probationer-defendant may be admitted to bail pending such hearing. In such case, the provisions
regarding release on bail of persons charged with a crime shall be applicable to the arrested
probationer. An order revoking the grant of probation or modifying the terms and conditions of
the said order cannot be appealed.

BOARD OF PARDON AND PAROLE (BPP)

The Board of Pardons and Parole was created pursuant to Act No. 4103, as amended. It is
the intent of the law to uplift and redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty.

FUNCTIONS

(i) To grant parole to qualified prisoners.

(ii) to recommend to the President the grant of pardon and other forms of executive
clemency.
(iii) to authorize the transfer of residence of parolees and padronees, order their arrest
and recommitment, or grant their final release and discharge.

BASIS FOR GRANT OF PAROLE

BPP may grant parole if it finds that:

(i) the prisoner is fit to be released.
(ii) there is a reasonable probability that, if released, he or she will live and remain at liberty
without violating the law; and
(iii) his or her release will not be incompatible with the welfare of society.

The BPP provides invaluable assistance to the President in exercising the power of executive
clemency. It is exercised with the objective of preventing a miscarriage of justice or correcting a
manifest injustice. Executive clemency may be exercised through a reprieve, absolute pardon,
conditional pardon, or commutation of sentence.
“Reprieve” refers to the deferment of the implementation of the sentence for an interval of
time; it does not annul the sentence but merely postpones or suspends its execution. “Commutation
of Sentence” refers to the reduction of the duration of a prison sentence of a prisoner. “Absolute
Pardon” refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his or her civil and political rights and remits
the penalty imposed for the offence of which he or she was convicted. “Conditional Pardon” refers
to the exemption of an individual, within certain limits or conditions, from the punishment which
the law inflicts for the offence he or she had committed resulting in the partial extinction of his or
her criminal liability.

BASIS FOR GRANT OF EXECUTIVE CLEMENCY

The BPP recommends to the President the grant of executive clemency when any of the
following circumstances are present:
(i) the trial or appellate court recommended in its decision the grant of executive clemency
for the prisoner.
(ii) under the peculiar circumstances of the case, the penalty imposed is too harsh compared
to the crime committed.
(iii) offender qualifies as a youth offender at the time of the commission of the offence.
(iv) prisoner is seventy years old and above.
(v) prisoner is terminally ill.
(vi) alien prisoners where diplomatic considerations and amity among nations necessitate
review; and
(vii) other similar or analogous circumstances whenever the interest of justice will be served
thereby.

WHEN APPLICATIONS FOR EXECUTIVE CLEMENCY WILL NOT BE

FAVOURABLY ACTED UPON

Notwithstanding the existence of any of the circumstances mentioned above, the BPP shall
not favorably recommend petitions for executive clemency of the following prisoners, those:
(i) convicted of evasion of service of sentence.
(ii) who violated the conditions of their conditional pardon?
(iii) who are habitual delinquents or recidivists?
(iv) convicted of kidnapping for ransom.
convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive
Dangerous Drugs Act of 2002.
(v) convicted of offences committed under the influence of drugs an.
(vi) whose release from prison may constitute a danger to society.
Where the President grants conditional pardon to a prisoner, the BPP monitors the prisoner’s
compliance with the conditions imposed for the duration of the period stated in the grant of
executive clemency. Upon determination that a prisoner granted conditional pardon has violated
the conditions of his or her pardon, the Board recommends to the President the prisoner’s arrest or
recommitment.
ISSUES CONFRONTING THE PHILIPPINES CORRECTIONS SYSTEM
Overcrowding of Certain Prison Institutions/Jails

The PNP’s consistent and unrelenting drive to get the job done against criminals, terrorists
and those who threaten the peace has resulted in the arrest of thousands of individuals. There is,
thus, a continuing increase in the prison population of the Philippines as shown in the table below
and, unless the trend is reversed, prisons and jails will soon be facing severe problems of
overcrowding and congestion.

FRAGMENTED SET-UP OF THE CORRECTION SYSTEM

Authorities say that the present set-up of the corrections system does not lead to sound
management and is not in keeping with the government’s machinery. It also results in functional
overlaps and diffusion in the conduct of corrections and restoration activities.

LACK OF INFORMAYION TECHNOLOGY SYSTEMS AND EXPERTISE

Lack of technology to properly maintain inmates’ records and process documents for their
immediate release is a prevailing situation. Limited use of information technology to support
investigation and validation of information on inmates with pertinent agencies like the courts,
prosecutors’ offices, and law enforcement agencies, to back up recommendations for early release
of qualified offenders, and/or for providing them with other needed services, impedes corrections
and rehabilitation programs.

LACK OF INADEQUATE TRAINING

Lack of or inadequate training has been cited as one of the reasons for the lack of awareness and
understanding by some prison/jail officials and staff on the rights of inmates.

MEASURES UNDERTAKEN TO IMPROVE THE TREATMENT OF OFFENDERS

Consistent with its constitutionally declared policy that “the State values the dignity of
every human person and guarantees full respect for human rights” and its obligations as a State
Party to some, if not most, of the international human rights instruments, the Philippine
government has undertaken measures to improve the treatment of offenders. These measures
include:

The Muntinlupa Juvenile Training Centre

The establishment of a separate facility for juveniles serving sentence at BuCor has long
been a serious concern of the Department of Justice. As stipulated in our laws, and the UN Standard
Minimum Rules for the Administration of Juvenile Rules (the Beijing Rules) and UN Guidelines
for the Prevention of Juvenile Delinquency (the Riyadh Rules), youth offenders should be
segregated from adult offenders and given different rehabilitation programmes that will answer
their special needs. Unable to establish a separate facility for juveniles serving sentence at the
national penitentiaries, due mainly to limited resources, the Philippine government successfully
sought financial assistance from the Government of Japan, through Japan International
Cooperation Agency, for the construction of a juvenile training center. Since the completion of the
construction of the training center in October 2003, youth offenders at BuCor are segregated from
adult offenders and given appropriate rehabilitation programmes and services.

Prioritization of Projects

The establishment of a Drug Treatment and Rehabilitation Centre for National Prisoners
and DOJ Intranet were identified as the priority projects, among others, of the Department in its
Development Agenda for 2001-2005. The Centre, established in 2002, is now providing
rehabilitation services to modify the behavioral dysfunction of drug dependent inmates. It fills the
void between an institution that is punishment-oriented and one that is wholly rehabilitation-
centered. While the DOJ Intranet is not yet fully implemented, the BuCor and BPP have expanded
their computerization programmes which facilitated the processing of the release on
parole/executive clemency of qualified prisoners using a computerized inmate monitoring and
tracking database system capable of generating prison records/reports. As a result, BuCor was able
to speed up the processing of prison records and the immediate forwarding of 6,414 prison records
to the BPP for evaluation.

Jail Decongestion Program/OPLAN Decongestion

In 1993, The DOJ launched a jail decongestion program designed to facilitate the release
of inmates. To implement the program, a Memorandum of Agreement was entered into between
and among the Public Attorney’s Office (PAO), National Prosecution Service (NPS), BJMP and
the three corrections agencies of the DOJ – BuCor, PPA and BPP. The Agreement aims to help
the government decongest jails, unclog court dockets, provide detention prisoners with a fair and
speedy trial, provide access to the programmes of probation and parole, and lessen expenditures
for prisoners’ daily maintenance and subsistence. Pursuant to the program, the PPA conducted
3,858 jail visits with the end in view of assisting detention prisoners to avail of the benefits of
probation, parole, or executive clemency. Through PPA’s interviews with inmates, 6,239 inmates
were found to be qualified for probation, 2,079 for parole and executive clemency, while 3,119
records were referred to the PAO for assistance in the preparation and filing of petitions for
probation. The BJMP has also launched its own OPLAN Decongestion Program which seeks to
help inmates avail themselves of the benefits of the applicable laws and such other legally
recognized means for their early release from incarceration.

PROPOSED LEGISLATION ON JAIL INTEGRATION

Executive Order No. 324 dated April 12, 1996, created a Review Committee to study the
integration into one department of all government agencies involved in corrections. Its member-
agencies include the DOJ, the National Police Commission, BuCor, BJMP, PPA, BPP, the Bureau
of Child and Youth Welfare of DSWD, the Commission on Human Rights, League of Provincial
Governors and three non-government organizations. The Review Committee prepared a draft of a
proposed legislation integrating all national prisons and all provincial, city and municipal jails and
consolidating the functions of BuCor and BJMP under a new bureau to be known as the Bureau of
Correctional Services under the DOJ. The bill was prepared several years ago but Congress has
yet to enact the same into law.

FULL UTILIZATION OF EARLY RELEASE SCHEMES

The full utilization of early release schemes such as release on recognizance, probation,
parole, and executive clemency has greatly reduced the number of persons in detention, thus,
reducing the congestion rate of some prison and detention facilities. In 2003, the BPP handled and
processed 13,872 petitions for parole/executive clemency. It likewise received and considered
3,046 petitions for parole out of which 2,285 had been granted; recommended the grant of
conditional pardon to 126 prisoners and the commutation of sentence of 1,020 prisoners. The PPA,
on the other hand, investigated 9,418 applications for probation/parole/executive clemency and
submitted a total of 7,558 manifestations/petitions recommending the grant of
probation/parole/executive clemency.

INCREASING PUBLIC AWARENESS ON THE PLIGHT OF INMATES

Proclamation No. 551, series of 1995, issued by then President Fidel V. Ramos, declared
the last week of October as “National Correctional Consciousness Week”, otherwise known as
NCCW. The annual celebration of the NCCW has played a great role in generating public
awareness on the plight of inmates and their need for rehabilitation. It educates the community on
the situations prevailing in prisons/jails and making the people aware that prisoners are human
beings that should be accorded full respect for their human rights. It also encourages public
participation in the re-socialization and public acceptance in the reintegration of prisoners into
society as productive and law-abiding citizens after service of sentence in prison.

HISTORY OF CORRECTION

PHILIPPINES-THE CORRECTIONAL SYSTEM

In the late 1980s, institutions for the confinement of convicts and the detention of those
awaiting trial included a variety of national prisons and penal farms as well as numerous small
local jails and lockups. In general, the national prisons housed more serious offenders, and those
serving short-term sentences were held in local facilities. The prison system at the national level
was supervised by the Bureau of Prison of the Department of Justice. The bureau was responsible
for the safekeeping of prisoners and their rehabilitation through general and moral education and
technical training in industry and agriculture. The Bureau also oversee the operation of the prison
agro-industries and the and the production of food commodities. In 1991 the newly formed
Philippine National Police took over administration of local jails.

The government maintained six correctional institutions and penal farms. The Nation’s
largest prison was the National Penitentiary at Muntinlupa, Rizal Province, near Manila, which
also operated the Manila City Jail. The penitentiary served as the central facility for those serving
maximum and minimum penalties. The Correctional Institution for Women was in Metro Manila.
Combination of prison and penal farms also were in Zamboanga City, in Palawan, Mindoro
Occidental, and in several Mindanao provinces. Prison conditions in the Philippines were generally
poor and prison life was harsh.

Some prison inmates were eligible for parole and probation before serving their sentence,
felons, who were not charged with subversion or insurgency, or had not been on probation before,
could apply for probation. Probationers were required to meet their parole officers monthly, to
avoid any further offense, and to comply with all other court-imposed conditions. After serving an
established minimum sentence, certain prisoners could apply to their parole board for release. The
board could also recommend pardon to the president for prisoners it believed to have reformed and
who presented no menace to society.

THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES AND ITS COMPONENTS

The criminal justice system of the Philippines (PCJS) is essentially the system or process
in the community by which crimes are investigated. Persons suspected of an offense therefore are
taken into custody, prosecuted in court, and punished if found guilty of the crime committed.
Provisions are made for their treatment and rehabilitation and reformation purposes.

The system has five distinct but coordinated components; namely, Law Enforcement,
Prosecution, Court, Correction, and the Community. It is distinct because each component has its
own respective functions to perform as an integral part of another system aside from the criminal
justice system (CJS).

It is the coordinated because these components operate in a manner being interdependent

and supportive of one another to achieve the very purpose of the system. These established five
components are also known as the five pillars of the CJS; Unfortunately, at this point of the time
there were tendencies for each pillar to act independently from each other, and the worst is one
component blames another component for the failure of the system to effectively deal with
offenders already introduced into it.
FUNCTIONS OF THE FIVE COMPONENTS IN THE CRIMINAL JUSTICE SYSTEM

LAW ENFORCEMENT- Its function is to conduct investigation on the alleged crime committed
by a person, to arrest or detain violator of the penal law or an ordinance, to affect the warrant
issued by the court and to assist the complainant to file a case.

PROSECUTION- Its function is to evaluate the findings of the police submitted to their office,
to conduct preliminary investigation, to receive the complaint filed by the victim and to be
responsible to file information to the court and to act as a legal prosecutor of the offended party.

COURT- Its function is to conduct cross examination of the witness before the issuance of the
warrant either warrant of arrest or search warrant; to conduct arraignment and to hold trial before
giving final decision of the case.

CORRECTION- is considered as the weakest component of the CJS. Its function is to reform the
convicted offender through the rehabilitation program inside the correction. The function of the
correction in our criminal justice system is to reform the offender through rehabilitation program
such as giving an opportunity to every convicted offender to continue his study by way of
Vocational training program.

COMMUNITY- the function of the community pillar is to help and coordinate the program of the
government specifically on the maintenance of peace and order.
 L
LAW
ENFORCEMENT

COMMUNITY

PCJS
PROSECUTOR

CORRECTION COURT

FIGURE 1
CONCEPTUAL FRAMEWORK OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
Mittimus/Commitment Security/custody
Maintenance of P.O
Authentication of Safe Keeping
Rules and Reg.
documents,
disciplinary functions.
Fingerprints/Photograph/b
ody search/strip search,
property receipt, records
booking/carpeta, Livelihood skills sports
orientation/diagnostic. Rehabilitation recreation Bible studies
Values orientation.
Special needs of inmates

➢ Referral
➢ Classification Literacy/non formal,
➢ Male/female Vocational/Skills
Education
➢ Age training, work program
➢ Handicapped Livelihood skills.

FIGURE 2

THE CONCEPTUAL PROCESS OF PROCEDURES ON ADMISSION OF NEWLY

ARRIVED INMATES IN THE PRISON

EARLY FORMS OF PUNISHMENT IN PRIMITIVE TIME

The absence of prison and jails or even courts and trials to hear the side of the offenders is
difficult to achieve fair judgement. Since everything from clothing to child-rearing has changed
with the times, so has our concept of cruel “cruel and unusual” and along with it our correctional
practices. The torture, floggings, and public humiliations that characterized “correction” of the
past conflict with today’s concept of the worth of life and human dignity.

Every society has various methods of social control ranging from public disapproval to
death that hold individuals to expected standards forms of behavior.

BLOOD FEUDS – Ancient culture developed the idea of justice based on vengeance, retribution,
and compensation. When a crime is committed; the victim is expected to dole out justice with his
own hands. Punishment was carried out by the victim personally, along with help provided by
one’s family. The offender will seek refuge to his family and friends; because of this system, blood
feuds develop.
LEX TALIONES – It is important to remember that those formulations were codes, not laws.
Functionally, the system of social control was quite simple. On a practical basis, personal
retribution by the victim was still the dominant was still the dominant methods of control. In fact,
the law of retaliation (Lex Taliones) against the offender is reflected in the code of Hammurabi.

The Medieval Punishment – like ancient forerunners medieval Europeans were very
brutal in the exercise of punishment such as: Knives, Axes, Whip, Barnacles, Collars and Cuffs
were commonly used to inflict punishment along with confinement in cold, dark, damp, vermin –
infested dungeons. The three brutal and ruthless medieval forms of punishment are:

1. IRON MAIDEN – is a box like device with the front half hinged like a door so that a
person could be placed inside; when the door was shut, protruding spikes both back and
front entered the body of the victim.
2. THE RACK – a kind of a device that drags apart the joints in the feet and hands.
3. THE TOWER OF LONDON – originally built as a fortress for defense of the city. This
is a famous symbol for such a cruel punishment. It was there than an even more torturous
contraption was developed. Where the rack stretched its victims, this machine compressed
the body of the victims; it is more dreadful and more complex than the rack. The whole
body is bent that some blood exudes from the tips of the hands and feet.
4. BANISHMENT AND EXILE – Serious offenders were transported to banishment or
exile. Banishment was considered an appropriate response to misbehavior was considered
an appropriate response to misbehavior even in modified form, for small children example
cutting of all communication to his parents.

DEFINITION AND HISTORY OF CORRECTION

Correction is a branch of the criminal justice system concerned with the custody,
supervision, and rehabilitation of criminal offenders. It is the 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
offense for purposes of crime prevention and control.

CORRECTION AS A PROCESS

Correction as a process is the orientation of the criminal offenders to prevent them from
repeating their delinquent actions without the necessity of taking punitive action, but rather an
introduction of individual measures for reformation.
 CORRECTION AND THE CRIMINAL JUSTICE SYSTEM

The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the five components or pillars, Law
Enforcement, Prosecution, Court Pillar, Correction, and the Community Pillar.

ORIGIN OF THE WORD PRISON

The word prison has found its roots from the Greco Roman word “Presidio” from the word
“Pre” means before and “Sidio” means inside. The coined term presidio is anonymous to a “Fence,
Cave, and or Dungeon. The word presidio started in the reign of King Hammurabi of Babylon in
1729 BC.

Even in the Middle Ages the term presidio became popular and was feared at the height of
the construction of the big temples in the ancient Mesopotamia called Ziggurats, in contrast to the
building of royal tombs in Egypt known as Pyramids.

Even great philosophers in the mould of Plato and Socrates of Greece have recognized the
categorization of sentence according to severity of Punishment from prison Correctional to prison
mayor.

THE GULAG OF BANAUE

The term Gulag of Igorot tribes refers to where the refuse is dumped. In simple term, a
garbage heap, usually found in the mountain creek or a crevice. According to linguist, the term
gulag is a functional nativeness to articulate identity and use. In crucial times, the gulag was used
as a prison. It had wooden fence where criminals were imprisoned.

THE GULAG OF GERMANY

In the history of prison, an intriguing question arise whether this infamous Gulag prison of
“Aleksandr Solzhenisyn” in Germany the place was where thousands of Jews were slaughtered
during the reign of Adolf Hitler.

It is a Russian acronym for corrective labor camp; a penal institution established in 1918.
After the Russian revolution, this place was considered as the most dreaded and feared prison at
the time of Joseph Stalin between 1934 and 1947. Persons suspected of crimes against the state
political dissidence, or failure to cooperate with Stalin’s collectivization program were sentenced
to force labor in the camps. The term Gulag of Russia was given the appellation of insane prison
because even if the prisoners survived death, certainly they will become insane. History records
millions of prisoners died from cold, disease, malnutrition, and summary executions. After the
reign of Stalin, the gulag camp was dismantled, but force labor continued in Soviet period.
THE WORLD’S WORST INFAMY PRISONS

Historically speaking prisons were made not for the reformation of the offenders or
violators of rules but it was intended for punishment of every violator.

BASTILLE PRISONS - a fortress prison in Paris, France; Bastille was a symbol of royal
absolution before the French revolution in 1370. Originally, it was intended to augment the cities
defense. In 17th century, it was used as prisons where hundreds of political prisoners were tortured
and executed. The known political leaders who were imprisoned in Bastille prisons, were Voltaire
and Marquis de Sade, who were victims of ruthless persecutions.

ALCATRAZ PRISON – It is an Island in San Francisco bay. It is the site of unfamous prison
noted for its inhuman treatment and tortures. The island was discovered by the Spaniards in 1545
and in 1850, it was fortified and used as military prisons.

In the year 1933, it became a federal prison, and it was considered as escape proof because
of its fortress-like structure and the cold currents in the surrounding waters. The Alcatraz prison
was closed in 1963, not because there was an escape committed but because of its high cost of
maintenance. Before it closed on of its known personality prisoners was known as the Godfather
of Mafia family in the person of Al Capone.

SACHSENHAUSEN PRISON – built in 1939 outside the Berlon proper as Germany’s

concentration camps for the dreaded Nazi’s SS elite force. Its notoriety became famous when it
was transformed into gas chambers wherein by conservative estimates more than hundred
thousand of people died mostly of Jew’s descent.

AUSCHWITZ PRISON – Built by Germans near Cracow Poland, it was popularly known as the
death camp headed by Rudolf Hoess. More than two (2) million innocent victims perished either
by torture, mayhem, or gas chamber in this famous dreaded concentration camp. The tale of blood
and tears by the account of Polanders can fill a thousand Olympic size swimming pool.

TOUL SLENG PRISON – one of the most notorious prisons in Cambodia that even humbled the
killing field in Battambang Province. It is Toul Sleng prison. It looks like a mountain-size file of
human skull and bones. A grim reminder of the dreaded reign of Pol Pot. Terror was present during
the reign of Pol Pot in Cambodia. The rich elite, the learned professional, and persons with callings

INSEIN PRISON – Insein Prison is situated in Rangoon Burma, now Myanmar. At height of
political unrest, the country’s stability was under siege. The Insein prison is a pygmy in size
compared with other prisons in western countries, but it became the focus of world attention when
political dissents were placed behind bars. Human rights international advocates further inflamed
the world’s outrage when the daughter of assassinated general Aung San, who planned a Coup de
etat and the father of known Democratic fighter in Myanmar in the person of Suu Kyi was
imprisoned for advocating freedom and democracy on their land.
DEVELOPMENT OF PRISONS

Early punishment in the form of execution was barbaric. This included offender being
thrown to prisons with wild animals, staked out in the sun with eyelids propped-open, stoned,
disemboweled, dismembered, flogged, and even crucified.

THE WALLNUT STREET JAIL – originally, constructed as the detention jail in Philadelphia.
It was converted into a state prison and became the first American penitentiary. It became the first
United States penitentiary system. When legislation was passed, provision was made to establish
the principle of solitary confinement, strict discipline, productive work, and segregation of the
dangerous offenders.

THE PENNSYLVANIA PRISON - this is the rival penitentiary system of the Auburn. Its
features consist of a solitary confinement of the prisoners in their own cell day and night where
they lived, slept, received religious instructions, and read the bible. Silence also strictly observed.

THE SCHOOL OF PENOLOGY

CLASSICAL SCHOOL – this school of thought was advocated by Dr. Ceasare Beccaria who
maintained the doctrine of psychological hedonism; that an individual calculates pleasure and pain
in concordance to his actions and regulations. His conduct is the result of his calculations. It means
that a person who commits a crime knows already what the possible consequence is. The doctrine
of school of thought is the “Doctrine of Free Will”.

POSITIVE SCHOOL OF THOUGHT – the school of though was also advocated by Dr. Cesare
Lombroso: known as the father of criminology. The positive school of thought opposed the
“doctrine of the free will” Lombroso believes that an individual who commits a crime should not
be punished according to the crime committed but the imposition of the said penalty should be
meted out into the soundness of the mind of the offender at the time that the offense was
committed. According to Lombroso the person who committed a crime should not be punished
instead they must be treated as a sick person who did not know what is right and what is wrong.

NEO-CLASSICAL SCHOOL - this approach to penology arose at the time of French Revolution
and the period immediately thereafter. It maintains that while the Classical school doctrine in
general is correct, it should be modified in certain details.

It argues that since children and lunatic persons cannot calculate pleasure and pain hence,
they should not be regarded as criminals and as such they should not be punished. The reaction to
crime, therefore, under this school is no longer punitive; punishment is imposed on some law
breakers but not on others. By implication, individual responsibility is considered.

Subsequently, it would be necessary for the administrators of justice to consider the

psychology and sociology of crime.
 REFERNCES

[Link]
 SELF-CHECK

Instruction: Kindly give your best answer in the following question.

1. What is the main role of the Bureau of correction?

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2. Why is it important `that those convicted people need to undergo rehabilitation treatment
and they need to serve their punishment inside the prison?
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3. Kindly explain the relation of Department of Justice and Bureau of correction.
________________________________________________________________________
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4. Discuss the different types of rehabilitation treatment given to the prisoners in prison in
the Philippines.
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5. Give the world’s worst infamy prisons.
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 LEARNING OUTCOME 1.2

MODERN CONCEPT OF PENOLOGY AND JAILS

CONTENT:

1. Purpose of Confinement
2. Basic Principles of Correction
3. Definition of Terms commonly Used in the correctional study.
4. Types of Jails
5. Jail Bureau Mission, Objectives and principles, mandate, functions
6. Core Values
7. Objectives
8. Types of Jails and administrator
9. Duties and responsibilities of key BJMP Officers
10. Courts and other entities authorize to commit a person to jail.

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.2

Learning Outcome 1.2 MODERN CONCEPT OF PENOLOGY AND JAILS

Learning Activities Special Instruction

1. To know and understand the concept of 1. The lesson in learning outcome 1.2 is to give
penology and the jails. you a wide idea about the modern concept of
penology.

2. To gain knowledge about types of jail and the 2. Study the purpose of confinement and the
categories of inmates. types of jails and the administrator.

Note: The learning activities in information 1.2 are to determine if you understand the topic in
lesson 1.2.

Information Sheet 1.2

MODERN CONCEPT OF PENOLOGY AND JAILS

Learning Objectives:

After reading the information sheet you should be able to.

1. To gain knowledge about the modern concept of penology and the jails.
2. To understand the purpose of confinement.
3. To know the classification of detainees, inmate’s security classification.
 LEARNING OUTCOME 1.2

MODERN CONCEPT OF PENOLOGY

One of the main concepts of the individual person who is charged with an offense is that
once they will be convicted and transported to prison institution they will be punished inside the
correctional institution, but this idea is only a thing of the past. The main concept of the modern
correction is not to give punishment to offenders instead they will be treated based on the treatment
and rehabilitation program implemented in the prison institution.

The modern concept of correction is to change the attitude of the offenders, their way of
life so that when they return to the mainstream in community, they will now become a useful
member of the society.

PURPOSE OF CONFINEMENT

The Bureau of correction has its own two purposes of confinement of the offenders or
persons committed to prisons.

a. To segregate them from the society and.

b. To rehabilitate them so that upon return to society they shall be responsible and law-abiding
citizens.
BASIC PRINCIPLES OF CORRECTION – the Bureau of correction has three basic principles
in the rules of admission, custody, and treatment of inmates:
a. Seek to promote discipline and to secure the reformation, and safe custody of inmate.
b. Justice shall be applied impartially, without discrimination on grounds of race, colors,
genders, language, religion or other opinion, nationality or social origin, property birth and
other status.
c. Justice shall be enforced with firmness but tempered with understanding.

DEFINITION OF TERMS COMMONLY USED IN CORRECTIONAL STUDY

PRISON – refers to a penal establishment under the control of the Bureau of corrections and shall
include the New Bilibid Prisons and other correctional institutions.
COMPETENT AUTHORITY – refers to the supreme court, court of Appeals, Regional Trial
Court, Metropolitan Trial court, Municipal Trial Court, Municipal Circuit Trial Court, Sandigan
Bayan, and Military Court, including the House of Representative, Senate, Commission on
Elections, Bureau of Immigration and the Board of Pardons and Parole.
INMATE – refers to a national prisoner or one sentenced by a court to serve a maximum term of
imprisonment of more than three years or to a fine more than one thousand pesos.
DETAINEE – a person who is confined in prison pending preliminary investigation, trial, or
appeal; upon legal process issued by competent authority.
DEATH CONVICT – refers to an inmate whose death penalty is imposed by Regional Trial
Court, which is affirmed by the Supreme Court En Banc.
SUPERINTENDENT – refers to the one in charge of prison.
CARPETA – refers to the institutional record of the inmates which consist of; Mittimus
Commitment order, Prosecutor’s information and the decision of the trial court including the
Appellate court.
PRISON RECORD – refers to the information concerning an inmate’s personal circumstances,
offense committed, sentenced imposed, criminal case number in the trial, and appellate courts, the
date when the service of their sentenced commenced, the date when the inmate received mittimus
commitment, the date of expiration of sentence, the number of previous convictions, and the
behavior or conduct while in prison.

STATUS OF INMATES AS AFFECTED BY APPEAL

Pending an appeal, the status of an inmate shall not be changed. However, when there is
an appeal, the sentence of an inmate is reduced to a maximum term of imprisonment of less than
three years or to a fine that does not exceed one thousand pesos. The inmate shall be transferred to
the custody of the Bureau of Jail, or to the Provincial Jail concerned for the completion of the
service of the sentence.

JAILS
ORIGIN OF THE WORD JAIL
The term jail is derived from the Spanish word, “Jaulo” which means cage. Etymologist
attributed the word jail to have originated from the Spanish term “Caula,” is the French the word
of the jail referred to as “Gaol” pronounced G’eole. It is a place for the arrested for dept or crime
and were held in custody. In 14th century, the arrestees were even trusted to the knights of the
Shire.
The Spanish word “Jaulo” the French goal and the English term Jail have the same imports
and connotations. It only varies in spelling that derives from the punctuated pronunciations.

JAIL LEGAL DEFINITION

Jail is the building or place for the confinement of arrested or sentenced persons. It is
usually made up of cells, which are small rooms or enclosures where prisoners are kept or confined.
The difference between the Jail and the Bureau of the corrections is that jail houses cater
offenders who are possibly faced with a penalty of not more than three years, and it is under the
Department of Interior and Local Government. It is classified as: Provincial jail, Municipal jail,
and city jail. While the Bureau of corrections houses offenders, who are finally convicted by the
lower court and are waiting for the results of their appeal and those who are convicted for more
than three years. The Bureau of the Corrections is directly under the Department of Justice.
TYPES OF JAILS

LOCK-UP CELLS – is a security facility for the temporary detention of persons held for
investigation (example Suspects, violators of city ordinances)

CITY JAIL, PROVINCIAL AND MUNICIPAL JAIL – house both offenders awaiting
for court actions, those serving short sentences usually up to three years only, and juvenile
offenders pending for transfer to social service agency.

JAIL BUREAU MISSION, OBJECTIVES AND PRINCIPLES

MISSION – the jail bureau shall direct, supervise and control the administration and
operation of all districts, city, and municipal jails to effect to a better system of jail management
nationwide.

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 rehabilitation and reformation of offenders in preparations for their
eventual reintegration into the mainstream of society upon their release and.
c. To professionalize jail service.

PRINCIPLES -the following shall be observed in the implementation of the proceeding sections.
a. It is the obligation of jail authorities to confine offender’s safety and provide rehabilitative
programs that will negate criminal tendencies and restore their positive values to make
them productive and law-abiding citizens.
b. No procedure or system of correction shall deprive any offender of hope for his ultimate
return to the fold of the law and full membership in society.
c. Unless proved otherwise, any person accused of the criminal offense shall be presumed
innocent and his rights as a free citizen shall be respected, except for such indispensable
restraints during his confinement in the interest of justice and public safety.
d. Offenders are human beings entitled to the same basic rights and privileges enjoyed by
citizens in a fee society, except that the exercise of these are limited or controlled for
security reasons.
e. Health preservation and prompt treatment of illness or injury are basic rights of every
person confined in jail. It is the duty of jail authorities to arrange for their treatment subject
to security measures.
f. Members of the custodial force shall set themselves as example by performing their duties
in accordance with the rules and shall respect the laws duly constituted by authorities.
g. No jail personnel shall use abusive, insulting, and indecent language on the offenders.
 h. No jail personnel shall use unnecessary force on offenders, except for legitimate self-
defense or in cases of attempted active and passive physical resistance to lawful order.
i. No penalty shall be imposed upon any offender for violation of rules/regulations unless in
accordance with duly approved disciplinary procedures.
j. Penalties to be imposed shall not be cruel, inhuman, or degrading. No physical punishment
shall be employed as a correctional measure.
k. Members of the force must understand that offenders need treatment and counseling, and
the primary purpose of confinements is for safekeeping and rehabilitation.
l. When conducting routinely custodial (in cell or compound) guarding, the ration of 1:7 or
one guard for every seven (7) offenders shall be observed.
m. When an offender is in transit, the ration of 1:1 +1 for every offender shall be observed. In
case of high-risk offender that demands extra precaution, additional guards shall be
employed. This manning level shall be national in all regional, provincial, districts, city,
and municipal jails.

MANDATE – the Bureau of jail Management and penology was created on January 2, 1991
pursuant to Republic Act 6975, replacing its forerunner, the office of the jail Management and
Penology of the defunct Philippine Constabulary/Integrated National Police. The BJMP has
jurisdiction over all district, city, and municipal jails. It is a line bureau of the Department of
Interior and Local Government (DILG). As such, it shall ensure the establishment of secured,
clean, adequately equipped and sanitary facilities and provisions of quality services for the
custody, safekeeping 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 in dangers him/herself or the safety
of others as certified by the proper medical or health officer, pending to transfer mental institution.

FUNCTIONS – in line with this mission, the Bureau endeavors to perform the following
functions.

a. Formulate policies and guidelines in the administration of all districts, city and municipal
jails nationwide.
b. Implement strong security measures for the control of inmates.
c. Provide for the basic needs of inmates.
d. Conduct activities for the development of inmates.
e. Improve jail facilities; and,
f. Promote the general welfare and development of personnel.

CORE VALUES – the personnel are guided by the following core values.
a. COMMITMENT – Strong sense of dedication to the ideals of the organization and the
public that it serves.
 b. RESPECT FOR HUMAN RIGHTS – promote and protect the right of our fellow human
beings.
c. EFFICIENCY/COMPETENCE – mastery of important skills for delivery of quality
services.
d. SELF-DISCIPLINE – the ability to act regardless of emotional state, or the ability to
withstand undue and unjust influences.
e. TEAMWORK – the combined effective action of all personnel.

OBJECTIVES – the objectives of the Bureau are the following:

a. To improve the living conditions of inmates in accordance with the accepted standards set
by the United Nations.
b. To enhance the safekeeping and development of inmates in preparations for their eventual
reintegration into the mainstream of society upon their release; and,
c. To professionalize jail services.

JAIL PROVINCIAL ADMINISTRATOR’S OFFICE – In every province, the BJMP operates

and maintains a provincial Jail Administrator’s Office headed by provincial Administrator’s, to
oversee the implementation of jail services of all districts,4 city, and municipal jails within its
territorial jurisdiction.

DISTRICT JAIL – Within large cities or a group of clustered municipalities, a District Jail headed
by a District Warden may be established.

CITY AND MUNICIPAL JAILS – The BJMP operates and maintains city and Municipal Jails,
each headed by a city or Municipal Warded, as the case may be.

QUALIFICATION FOR KEY POSITION – the following are the minimum qualifications for
appointment or designation to key position in the jail Bureau.

CHIEF, BJMP
1. Should have the rank of at least Jail Senior Superintendent.
2. Should be a member of the Philippine bar or a holder of master’s degree in Management,
Public Administration, Public Safety, Criminology, Penology, Sociology, National
Security Administration, Defense Studies, or other related disciplines from a recognized
institution of learning.
3. Should have satisfactorily completed the mandatory training or career courses for such
positions, including the Public Safety Officer’s Senior Executive Course: and
4. Should possess the required 3rd Level Eligibility.
JAIL REGIONAL DIRECTOR

1. Should have the rank of at least Jail Senior Superintendent.

2. Should be graduate of Bachelor of Laws or a holder of a master’s degree in Management,
Public Administration, Public Safety, Criminology, Penology, Sociology, National
Security Administration, Defense Studies, or other related disciplines from a recognized
institution of learning.
3. Should have satisfactorily completed the mandatory training or career courses for such
positions, including the Public Safety Officer’s Senior Executive Course: and,
4. Should possess the required 3rd level eligibility.

JAIL PROVINCIAL ADMINISTRATOR

1. Should have the rank of at least Jail Superintendent.

2. Should be a graduate of Bachelor of Laws or a holder of master’s degree in Management,
Public Administration, Public Safety, Criminology, Penology, Sociology, National
Security Administration, Defense Studies, or other related disciplines from a recognized
institution of learning.
3. Should have a satisfactorily completed the mandatory training or career course for such
positions, including the Public Safety officers advanced course; and,
4. Should have previously assigned in a supervisory position in the jail service.

DISTRICT JAIL WARDEN/WADRESS

1. Should have the rank of at least Jail Superintendent.
2. Should be a graduate of Bachelor of Laws or a holder a master’s degree in Management,
Public Administration, Public Safety, Criminology, Penology, Sociology, National
Security Administration, Defense studies or other related disciplines from a recognized
institution of learning.
3. Should have satisfactorily completed the mandatory training or career courses for such
positions, including the Public Safety Officer’s, Senior Executive Course and,
4. Should have been previously assigned in a supervisory position in the jail service.

CITY JAIL WARDEN/ WARDRESS

1. Should have the rank of at least Jail Chief Inspector.
2. Should be a college graduate who must have finished at least second year of Bachelor of
Laws or at least twenty-four (24) units of master’s Degree program in Management, Public
Safety, Criminology, Penology, Sociology, National Security Administration, Defense
Studies, or other related disciplines from a recognized institution of learning.
 3. Should have satisfactorily completed the mandatory training or career courses for such
positions, including the Public Safety officer’s Basic course and Public Safety Officer’s
advance course.
4. Should have been previously assigned in supervisory position in the jail service, and
5. In the case of City Jails with an inmate population of one thousand (1,000) or more, the
City Jail Warden should have the rank and qualifications of a District Jail Warden.

MUNICIPAL JAIL WARDEN/WARDRESS

1. Should have the rank of Jail Senior Inspector.

2. Should be a college graduate who must have finished cat least second year of Bachelor of
Laws or at least twenty-four (24) units of master’s Degree program in Management, Public
Administration, Public Safety, Criminology, Penology, Sociology, National Security
Administration, Defense Studies, or other related disciplines from a recognized institution
of learning.
3. Should have satisfactorily completed the mandatory training or career courses for such
positions including the public safety officer’s basic course and,
4. Should have been previously assigned in a supervisory position in the jail service. It is
understood that the qualifications enumerated in the foregoing paragraphs are over and
above the “General Qualifications for Appointment” for uniformed personnel of the BJMP
as provided in Section 30 of the IRR for RA 9263.

DUTIES AND RESPONSIBILITIES OF THE KEY OFFICERS CHIEF, BJMP

a. Acts as adviser to the secretary of the Department of the Interior and Local Government
relating to formulation and implementation of policies, plans and programs in the
supervision and control of district, city, and municipal jails nationwide.
b. Exercise command, supervision, and control over all personnel of the Jail Bureau.
c. Administers and implements law relating to jail management and enforces rules and
regulations governing the administration and operation of the Jail Bureau down to its
lowest units.
d. Recommends to the secretary rules and regulations and other guidelines which require the
department’s approval.
e. Issue’s directives, instructions, and policies for the efficient for the efficient
implementation of programs, and.
f. Appoints new applicants and promote non-officers rank within the National Headquarters
and Officers Rank from Jail Inspector to Superintendent nationwide.
g. Perfumes such as other functions as may be directed by higher authorities.
DUTIES AND RESPONSIBILITIES OF BJMP FIELD OFFICERS
JAIL REGIONAL DIRECTOR (RD)

a. Supervises, monitors and control district, city, and municipal jails within the area of
responsibility.
b. Appoints new applicants and promotes non-officers rank within the area of responsibility.
c. Ensure proper and effective utilization of resources in the administration of jails in the
region.
d. Implements laws, rules policies, guidelines and standards handed down by higher
authorities.
e. Provides technical advice and assistance or government offices and other agencies
regarding jail matters within his jurisdiction and,
f. Performs other functions as the Chief, BJMP may direct.

JAIL PROVINCIAL ADMINISTRATOR

a. Supervises BJMP jails within the province and sees to it that all directives, policies, rules
and guidelines are strictly followed; and,
b. Performs other functions as the Regional Director may direct.

JAIL WARDEN/WARDRESS
a. Supervises and controls all personnel and inmates in the jail.
b. Implements legal order, rules, regulation and directiveness on jail operation and
administration.
c. Administer sanctions and other disciplinary actions on inmates or personnel under his
command for disobedience or infraction of orders.
d. Supervises the conduct of greyhound operations and inspections of jail facilities and
premises.
e. Ensures the security and control of the jail facility and provides inmates welfare and
development programs.
f. Promote the welfare and morale of personnel and inmates.
g. Assumes responsibility for the formulation and implementation of emergency plans to
preclude occurrence of jail incidents and disturbances.
h. Ensure proper utilization of resources and maintenance of facility, supplies, and equipment.
i. Establishes linkages with GO’s NGOs and/ or the tri-media.
j. Submits periodic and spot reports, if necessary, to regional office.
k. Turn-over duties and responsibilities including supplies, funds, organic equipment,
records, and paraphernalia to the incoming jail warden upon relief, and
l. Performs other functions as the Regional Director may direct.
COURTS AND OTHER ENTITIES AUTHORIZE 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
h.
All others administrative bodies or persons authorized by law to arrest and/or commit a
person to jail.
CATEGORIES OF INMATES – The two (2) general classes of inmates are.

a. Prisoner – inmate who is convicted by final judgement.

b. Detainee – inmate who is undergoing investigation/ trial or awaiting trial/ sentencing.

CLASSIFICATIONS OF PRISONERS – the four (4) main classification of prisoners are:

a. INSULAR PRISONER – one who is sentence to a prison term of three 3 years and one
(1) day to death.
b. PROVINCIAL PRISONER – one who is sentenced to a prison term of (6) months and
(1) day to (3) years.
c. CITY PRISONER – one who is sentenced to a prison term of (1) day to (3) years.
d. MUNICIPAL PRISONER – one who is sentenced to a prison term of (1) day to (6)
months.

CLASSIFICATION OF DETAINEES – the three (3) types of detainees are those:

a. Undergoing Investigation
b. Awaiting or undergoing trial; and
c. Awaiting final judgement.

INMATES SECURITY CLASSIFICATION – the following are the classification of inmates

according to security risk:
a. High risk inmates
b. High profile inmates
c. Ordinary Inmates
REQUIREMENTS FOR COMMITMENT – the following are the requirements for
commitment:
a. Commitment Order
b. Medical Certificate
c. Complaint/Information
d. Police Booking Sheet

RECEPTION PROCEDURES - A decent and humane program of confinement starts with a

systematic reception of inmates for commitment to the BJMP’s jails facilities. The following
procedure should therefore be observed:

a. The jail Desk Officer carefully check the credentials of the person’s bringing in the inmate
to determine his/her/their identity and authority. The officer also ascertains from the
person(s) that the law enforcement procedures, including the verification for standing
warrant/criminal record of the arrested person before physical presentation in court, must
have been undertaken prior to the inmate’s transfer/commitment to the jail. It is understood
therefore that other standing warrants must have been served when a person is admitted for
jail custody.
b. The jail desk officer carefully examines the arrest report and the authenticity of the
commitment order or mittimus in due form to determine whether the inmate has been
committed under legal authority as provided for by Section 3, Rule XIII of the rules of
court.
c. Persons arrested by virtue of a warrant of arrest must secure a commitment order from the
court where the warrant of arrest issued before he can be committed to jail.
d. The admitting jail officer takes all cash and other personal property from the inmate, list
them down on a receipt form in duplicate, duly signed by him/her and countersigned by
the inmate. The original receipt should be given to the inmate.
e. All cash and other vulnerable of the inmate must be turned over to the property custodian
for safekeeping and covered by official receipt.
f. The inmate is then fingerprinted and photographed for reference.
g. The admitting jail booking report attaching thereto the inmate’s photographed for
reference.
h. The newly admitted inmate shall be thoroughly strip-searched. His/her clothing shall also
be carefully examined for contraband. He/she is then checked for body vermin, bruises,
and other injuries, and for needle marks to determine if he/she is a drug dependent.
i. The jail medical personnel or the local health officer immediately conducts a thorough
medical examination of the inmate.
j. When it is not possible for the jail medical personnel to be in attendance during the inmate’s
admission, the receiving officers shall observe the mental alertness, overall appearance,
 physical abnormalities, rashes, scratches, or other identifying marks of the individual and
note them down in the inmate’s jail reports. The offender observed to be suffering front
any contagious disease is immediately isolated.
k. A medical record is accomplished by the jail medical personnel or local health officer,
showing the conditions of the inmate at the time of admission and to include, if possible,
his/her medical history.
l. Upon commitment, the inmate should be briefed or oriented in the jail rules and regulations
by the Chief Custodial Officer of the officer of the day prior to classification and
segregation.
m. The sentenced inmates shall be provided by jail clothing. His/her personal clothing should
be properly received, cleaned, and stored safety until his/her release. The detainee, for
his/her own safety, may be allowed to wear civilian clothes.
n. The warden stablishes and maintains a record of all inmates, consisting of information of
the inmate’s name and alias(es), if any; weight, height, and body marks or tattoos, if any;
nationality and, if a naturalized Filipino, his/her previous nationality; previous
occupation/profession, prior criminal convictions; and previous place of residence. In the
case of a detainee, the record shall also indicate the crime of which he/she was convicted;
the sentencing court, his/her sentence, and the commencement date thereof; institutional
behavior and conduct, and the date he/she was received for confinement. In the case of
detainee, the record shall indicate the criminal case number in trial court where the case is
pending; or the case number in the appellate court if the case is on appeal and the status of
the appeal; or the reason for his/her detention.
o. Upon completion of the reception procedures, the detainee is assigned to his/her quarters.
p. The detainee should be issued all materials that he/she will be using during his/her
confinement.
q. Upon receipt of a detainee, he/she shall be appraised, preferably in the dialect which he/she
understand that under Article 29 of the Revised Penal Code, as amended by Republic Act
No. 6125, his/her preventive imprisonment shall be credited in the service if his/her
sentence, consisting deprivation of liberty of the whole period he/she agrees voluntarily in
writing to abide by the same disciplinary rules imposed upon convicted prisoners;
provided, that he/she is not a recidivist, or has not been previously convicted twice or more
times of any crime; and when, upon being summoned for the execution of his/her sentence,
he/she surrendered voluntarily.
r. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted
inmates. He/she shall be asked to sign Detainee’s Manifestation. Otherwise, the warden
issues a certification under oath to the effect that the detainees was appraised of the
provisions of Article 29 of the Revised Penal Code, as amended, and that the detainee
refused to abide by the rules imposed upon convicted inmates.
s. An inmate who signs a Detainee’s Manifestation shall be treated as a sentenced inmate
insofar as work and discipline are concerned. Any failure or neglect to perform his/her
 assigned work shall be sufficient cause for the cancellation of the manifestation. Thereafter,
he/she shall not be treated as a convicted inmate and cease to earn the privilege granted.
t. A detainee who is covered by a Certification is not required to work but she/he may be
made to clean his/her cell and perform such other works as may be necessary for hygienic
or sanitary reasons. He/she shall be credited with the service of his/her sentence with four-
fifths (4/5) of the time during he/she was detained.
u. The warden submits the detainee’s manifestation or certification, to the proper court before
the date set for the arraignment of the inmate and the same shall from part of the records
of the case. The same procedure shall be followed with respect to all accused persons whose
cases are pending appeal before a higher court. The Detainees Manifestations or
Certification as the case may be, shall from part of the records of the case.
v. Full credit for the preventive imprisonment shall commence from the date of the Detainees
Manifestation.

PUNISHABLE ACTS – An inmate is strictly prohibited from committing any of the following
acts.

MINOR OFFENSES
a. Selling or bartering with fellow offender items not classified as contraband.
b. Rendering personal service to fellow offender.
c. Untidy or dirty in his personal appearance.
d. Littering or failing to maintain cleanliness and orderliness in his quarters and/or
surroundings.
e. Making frivolous or groundless complaints.
f. Taking the cudgel for or reporting complaints on behalf of other offenders.
g. Late in formation or duty without justifiable reasons.
h. Willful waste of food.

LESS GRAVE OFFENSES

1. Failure to report for work detail without sufficient justification.
2. Failure to render assistance to an injured personnel o inmate.
3. Failure to assist in putting out fires inside the jail.
4. Acting boisterously during religious, social, and other group functions.
5. Swearing, cursing, or using profane or defamatory language, directed personally towards
other persons.
6. Malingering or reporting for sick call to escape work assignment.
7. Spreading rumors or maliciously intriguing against the honor of any person, particularly
members of the custom dial force.
8. Failing to stand at attention and give due respect when confronted by or reporting to any
officer or member of the custodial force.
 9. Forcing fellow inmates to render personal service to him and/ or others.
10. Exchanging uniform or wearing clothes other than those issued to him for the purpose of
circumventing jail rules.
11. Loitering or being in an unauthorized place.
12. Using the telephone without authority from the desk officer/warden.
13. Writing defacing or drawing on walls, floors or any future furniture or equipment.
14. Withholding information which is inimical and prejudicial to the jail administration.
15. Possession of lewd or pornographic literature and/ or photographs.
16. Absence from cell, brigade place of work during headcount, or at any time without
justification reason.
17. Failing to turn over any implements/ articles issued after the work detail.
18. Committing any act prejudicial to or which is not necessary to good order and discipline.

GRAVE OFFENCES
1. Making untruthful statements or lies in official communication, transaction, or
investigation.
2. Keeping or concealing keys or locks of places in the jail where it is off-limits to offenders.
3. Giving gifts, selling to, or bartering with jail personnel.
4. Keeping in his possession money, jewelry, or other contraband which the which the rules
prohibit.
5. Tattooing others or allowing him to be tattooed on any part of the body, keeping any
paraphernalia to be used in tattooing.
6. Forcibly taking or extracting money from fellow inmates.
7. Punishing or inflicting injury or harm upon himself or other inmates.
8. Receiving keeping, taking, or imbibing liquor and other prohibited drugs.
9. Making, improvising, or keeping any kind of deadly weapon.
10. Concealing or withholding information on plans of attempted escapes.
11. Unruly conduct and behavior and flagrant disregard of discipline and instructions.
12. Escaping, attempting, or planning to escape from the institution or from any guard.
13. Helping, aiding, or abetting others to escape.
14. Fighting, causing any disturbance, or participating therein and/ or agitating to cause such
disturbance or riot.
15. Indecent immoral or lascivious acts by himself or others and/ or allowing to be the subject
of such indecent immoral or lascivious acts.
16. Willful disobedience to a lawful order issued by an officer o member of the custodial force.
17. Assaulting any force or member of the custodial force.
18. Damaging any government property or equipment issued to the inmates.
19. Participating in any kangaroo court, an unauthorized or irregular court conducted with
disregard for or perversion of legal procedures as a mock court by offender in a jail/prison.
 20. Affiliating oneself to any gang or faction whose main purpose is to foment regionalism or
to segregate them from others.
21. Failing to inform the authorities concerned when afflicted with communicable disease, like
VD, etc.
22. Engage in gambling or nay game of chance.
23. Committing any act which is in violation of any law or ordinance, in which case, he shall
separately be prosecuted criminally in accordance with law.

SPECIAL NEED OR UNUSUAL OFFENDERS

As a rule, special/unusual offenders should not be held in jails with other offenders. Female
offenders should not be confined in separate institutions from men. However, until adequately
detention homes shall have been provided, the jail will continue to serve as their temporary homes.

The following are the offenders with special need/unusual offenders.

a. FEMALE
b. DRUG ADDICTS
c. ALCOHOLICS
d. MENTALLY ILL
e. SEX DEVIATES
f. ESCAPE-PRONE PRISONERS/DETAINEES
g. SUICIDE RISK OFFENDERS
h. THE HANDICAPPED AGED AND INFIRM
i. THE YOUTHFUL OFFENDERS
j. ALIEN OFFENDERS

SECURITY AND CONTROL

The overall concept of jail security operations encompasses both prevention and
rehabilitation. These two efforts are inseparable as neither can be accomplished without the other.
Jail security is necessary to safeguard the lives of people residing within the vicinity, those
managing the jails, and inmates whose lives are to be rehabilitated to become constructive
members of society.
The following guidelines should be strictly observed in jail, security, and control.

a. Maintain strict control of firearms. Never permit any firearm inside the jail except in some
areas where firearms are authorized.
b. Maintain 24 hours supervision of the offenders.
c. Maintain a system of key control which shall include an accurate listing of all keys and a
receipting them. Never permit the offenders to handle keys or to study them.
 d. Secure firearms and Anti-riot equipment in the armory where they shall be within easy
reach of the jail guard and yet afford maximum security access by offenders.
e. Supervise the proper use of tools and other potentiality dangerous articles such as bottles,
acids kitchen knives, etc., and keep them out of offender’s each when not in use.
f. Conduct regular offender’s count at least four (4) times within the 24 hours a day period.
Establish procedures which shall ensure beyond doubt, that every offender is physically
present or accounted for, at every count.
g. Conduct frequent surprise searches of offenders and their quarters to detect contraband.
h. Conduct frequent inspections of security facilities to detect tampering of defects.
i. Develop plans dealing with emergencies like escapes, fire, assaults, and riots. Make plans
known and understood by jail personnel.
j. Never allow a jail guard to open the offenders’ quarters alone. At least, another guard
should be present.
k. Carefully select the offenders to be assigned as orderly or aide and maintain rigid control
over their activities. No offenders should be allowed to assume any of the authority which
belongs to the jail staff or shall any offender be allowed to exercise authority, supervision,
and control over other prisoners.

DUTIES OF CUSTODIAL FORCE – Members of the custodial force shall have the following
duties and responsibilities.

a. To supervise and maintain order and discipline of offenders in housing units, those
assembled for religion services, entertainment, and athletics, during meals, classes, work
details, bath, and visits.
b. To censor offender’s mail.
c. To inspect security devices.
d. To maintain inner and outer perimeter security.
e. To escort offenders to courts, other authorized places of confinement and to hospitals in
cases of emergencies.
f. To ensure custody and safety of those confined in jail.
g. To escort visitors within the jail premises.
h. To report any infringement of rules and regulations to proper authorities.
i. To inform the Warden of any Emergency case.
j. To keep and maintain records of the offenders and
k. To perform such other duties as may be assigned by competent authority.

DEFINITION OF TERMS
a. Commitment Order – a written order of the court or any other competent authority
consigning an offender to a jail or prison for confinement.
b. Contraband – any article, item or things prohibited by law and/or forbidden by jail rules.
c. Escape-an act of getting out unlawfully from confinement or custody an offender.
d. Instrument of restraint-a device, contrivance, tool or instrument used to hold back, keep in,
check or control an offender, e.g., handcuffs, leg irons.
e. Jail-a place of confinement for offenders under investigation, awaiting or undergoing trial,
or serving sentences.
f. Mittimus-a warrant issued by the court bearing it seals and signature of the judge, directing
the jail or prison authorities to receive offenders for custody or service of sentence imposed
therein.
g. Penology-a branch of criminology which deals with management and administration of
offenders.
h. Rehabilitation-a program of activity directed to restore and offender’s self-respect thereby
making him a law-abiding citizen after serving his sentence.
i. Safekeeping-the temporary custody of a person for his own protection, safety, or care; and
that of the community from him.
j. Offender-a prisoner o detainee confined in jail.
k. Detainee-a person accused before a court or competent authority who is temporarily
confined in jail while undergoing or awaiting investigation, trial, or final judgement.
l. Prisoner-an offender who is a convicted by final judgement.
 REFERENCES

Institutional Correction handbook, Joner C. Villaluz, Carlito R. Panganoron Jr., William A. Revisa
Wiseman’s Book Trading, Inc.
 SELF-CHECK

[Link] the modern concept of jail and penology.

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[Link] is the minimum qualification of the City Jail Warden?

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 LEARNING OUTCOME 1.3

SEVEN PENAL INSTITUTIONS OF THE PHILIPPINES AND ADMISSION,

CONFINEMENT, AND CLASSIFICATION OF INMATES
CONTENT:

1. Bureau of correction, Department of Justice

2. The seven penal operating unit of the BUCOR
3. Admission, Confinements and Classification of Inmates
4. Confiscation of Contraband Items
5. Issuance of Uniform
6. Personal Effects of Inmates
7. General Classification of Prisoners
8. Classification as to Sentence
9. Classification of Inmates as to Security Status
10. Color(s) of Uniform as to Security Classification

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.3

Learning Outcome 1.3 SEVEN PENAL INSTITUTION OF THE PHILIPPINES AND

ADMISSION, CONFINEMENT, AND CLASSIFICATION OF INMATES

Learning Activities Special Instruction

1. To know and understand the concept of 1. The lesson in learning outcome 1.2 is to give
penology and the jails. you a wide idea about the modern concept of
penology.

2. To gain knowledge about types of jail and the 2. Study the purpose of confinement and the
categories of inmates. types of jails and the administrator.

Note: The learning activities in information 1.3 are to determine if you understand the topic in
lesson 1.3

Information Sheet 1.3

SEVEN PENAL INSTITUTIONS OF THE PHILIPPINES AND ADMISSION,

CONFINEMENT, AND CLASSIFICATIONS OF INMATES

Learning Objectives:

After reading the information sheet you should be able to.

1. To gain knowledge about the modern concept of penology and the jails.
2. To understand the purpose of confinement.
3. To know the classification of detainees, inmate’s security classification.
 LEARNING OUTCOME 1.3

SEVEN PENAL INSTITUTIONS OF THE PHILIPPINES AND ADMISSION,

CONFINEMENT, AND CLASSIFICATIONS OF INMATES

The students will learn and understand the different types of penal institution in the
Philippines. The students will also learn the following: the admission system of the bureau, the
confinement system, classification of the offenders the primary purpose on checking of the items
which are considered as contrabands inside the penal colony and the three general classes of the
offenders inside the prison institutions.

THE SEVEN PENAL INSTITUTIONS OF THE PHILIPPINES

HISTORY OF EARLY PRISONS

The organizational set-up of the National Bureau of Prisons and the basic laws on the
Philippine Prisons system is found in the Revised Administrative Code known as the Prison Law.
This law is specifically referred in sections 1705 to 1751 of the said code. The prison law states
that the head of the Bureau of Prisons is the Director of the Prisons who is appointed by the Chief
Executive of the Philippines with confirmation of the Commission on Appointments. The Bureau
of Prisons has s general supervision and control of National and Provincial prisons, and all penal
institutions and is in-charged with the safe keeping of all prisoners confined therein or committed
to custody of the said bureau.

BUREAU OF CORRECTIONS (BUCOR), DEPARTMENT OF JUSTICE (DOJ)

The national prisons, which house more serious offenders, already convicted with sentence
of more than three years is maintained by the Bureau of Corrections, an agency under the
Department of Justice (DOJ). The bureau is responsible for the safekeeping of prisoners and their
rehabilitation through general and moral education and technical training in industry and
agriculture. The bureau also oversees the operation of prison agro-industries and the production of
food commodities.

The Bureau of corrections maintains seven correctional institution and penal farms. The
nation’s largest prison is the New Bilibid Prison (NBP) at Muntinlupa that also operates the Manila
City Jail. The penitentiary serves as the central facility for those sentenced to life imprisonment or
long-term incarceration. It is divided three camps to separate those serving maximum, medium,
and minimum penalties. The correctional institution for Women is in Metropolitan Manila.
Combination prison and penal farms also are also located in Zamboanga City, Palawan, Mindoro
Occidental, and in several Mindanao provinces.
THE SEVEN (7) OPERATING UNITS OF THE BUREAU OF CORRECTIONS
LOCATED:

1. The New Bilibid Prison in Muntinlupa City.

2. The Correctional Institution for Women (CIW) in Mandaluyong City.
3. Iwahig Prison and Penal Farm in Peurto Princesa City, Palawan.
4. Sablayan Prison and Penal Farm in Occidental Mindoro.
5. San Ramon Prison and Penal Farm in Zamboanga City.
6. Leyte Regional Prison in Abuyog, Leyte and
7. Davao Prison and Penal Farm in Panabo, Davao Province.

Detainees awaiting trial and convicts whose sentences are lower than three years are held in
local facilities which are ran by two entities.

BILIBID PRISON

The New Bilibid Prison (NBP) in Muntinlupa, Metro The New Bilibid Prison (NBP) in
Muntinlupa, Metro Manila is the main insular penitentiary designed to house the prison
population of the Philippines. It is maintained by the Bureau of Corrections (BuCor) under the
Department of Justice. As of May 2018, the NBP housed 26,877 convicted criminals in Manila.

In 1940, prisoners were transferred to the NBP from the Old Bilibid Prison, also known
as Carcel y Presidio Correctional (Spanish for "Correctional Jail and Military Prison"), in
Manila. The remnants of the old facility was used by the City of Manila as its detention center,
known today as Manila City Jail.

The penitentiary had an initial land area of 551 hectares (1,360 acres), but 104 hectares
(260 acres) were transferred to a housing project of the Department of Justice. Additional land
of the NBP Reservation is used for the Bureau of Corrections headquarters

During Japanese occupation of the Philippines during World War II, Bilibid was a prisoner
of war and civilian internee camp where American soldiers and civilians were held by the
Japanese. Twelve hundred internees and POWs were freed by the American army on February
4, 1945, during the Battle of Manila.
 HISTORY

The Old Bilibid Prison, then known as Carcel y Presidio Correctional (Spanish,
"Correctional Jail and Military Prison") occupied a rectangular piece of land that was part of the
Mayhalique Estate in the heart of Manila. The old prison was established by the Spanish colonial
government on June 25, 1865 via royal decree. It is divided into two sections: the Carcel, which
could accommodate 600 inmates; and the Presidio, which could hold 527 prisoners.
Due to increasing crime, the Commonwealth of the Philippines enacted Commonwealth Act No.
67 and a new prison was built in Muntinlupa on 254.73hectares ) of land in an area considered at
that time to be "remote". Muntinlupa sits quite a few miles southeast of the heart of Manila, on the
shores of Laguna de Bay. Construction began on New Bilibid in 1936 with a budget of one
million Philippine pesos. In 1940, the prisoners, equipment and facilities were transferred from
Old Bilibid to the new prison. The remnants of the old facility was used by the City of Manila as
its detention center, known today as Manila City Jail. In 1941, the new facility was officially
named the "New Bilibid Prison".

NEW BILIBID PRISON

CORRECTIONAL INSTITUTION FOR WOMEN

The Correctional Institution for Women (CIW) is a women's prison located

in Mandaluyong, Metro Manila, Philippines. The prison is operated by the Bureau of Corrections.

The prison first opened on an 18-hectare (44-acre) property on February 14, 1931.
Previously women were held at the Old Bilibid Prison.

When the Philippines had the death penalty, female inmates condemned to death were held
at CIW. Ron Gluckman of Asiaweek described the women's death row as appearing like a
secondary school.

The Correctional Institution for Women has three different camps namely the Maximum-
Security Compound which consists of the Old and New Building, the Medium Security Camp and
Minimum-Security Camp.
 Correctional Institution for Women (Mandaluyong City). In 1931 the correctional
institution for women was established. It has an 18-hectare piece of land in Mandaluyong Metro
Manila by authority of Act Number 3579. This was passed on November 27, 1929. Prior to the
establishment of this institution, female inmates were confined first in the Bilibid prisons. Later,
the need for female superintendent was felt that the position for female superintendent was created
in 1939. Today, the correctional institution for women is an institution under the Bureau of Prisons
with separate budget and needs for female prisoners. This is the only female prison institution in
the Philippines.

IWAHIG PRISON AND PENAL FARM

Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan, Philippines is one of
seven operating units of the Bureau of Corrections under the Department of Justice.

HISTORY

The Spanish regime had earlier designated Puerto Princesa, Palawan as a place where
offenders sentenced to banishment were exiled, often as a death sentence due to
the endemic malaria. Yet, the facility was established only during the American
occupation. Governor Luke Wright authorized the establishment of a penal colony in the province
of Palawan on November 16, 1904. This penal settlement, which originally comprised an area of
22 acres, served as a depository for prisoners who could not be accommodated at the Bilibid
Prison in Manila. A prison facility was created by the American military in the rain forest of
Puerto Princesa. Lieutenant George Wolfe, a member of the U.S. expeditionary force was
the prison's first superintendent.

William Cameron Forbes, in his capacity as Secretary of Commerce and Police (1904–
1909), conceived of the Palawan penal colony following the model of the George Junior Republic.
According to Forbes, "The plan is to give these prisoners an opportunity to cultivate little lots of
land for good conduct and industry." Three classes of colonists were established, the lowest being
the newly arrived convicts, followed by a middle class living in the Home Zone on a two-
hectare plot where they could build a house and live with their family, and finally the top class
living in the Free Zone, also with 2 hectares of land. The first group of 61 convicts arrived in Nov.
1904, with the population reaching 313 prisoners in June 1905, and 446 in June 1908, plus 20
families.

Major John R. White, Philippine Constabulary, became superintendent in Sept. 1906.

Forbes directed White to establish a "form of self-government in the colony." Under White's rule,
the mortality rate due to disease dropped, as the land was drained, and sanitation improved.
Barracks, an administration building, and parade ground were built, while cash crops and coconut
trees were planted. The work squads were controlled with a system consisting of a foreman and
assistant foremen. By the time he departed in Sept. 1908, White stated the 500 convicts lived under
"moral constraints" and "interior discipline maintained without guards." Carroll H. Lamb took over
as superintendent, and during his 3-year tenure, self-government was established. In 1909, Justice
of the Peace Courts and a Court of Last Resort were established, and by 1910, the top class of
colonists could elect minor officials, police, and petty officers. By 1911, with a population over
1000, Forbes stated "the colonists could govern themselves – elect their own president and council,
or legislature, from among the men who by good conduct and industry had earned promotion to
the highest grades.

The Philippine Commission of the United States government passed Act No. 1723 in 1907,
classifying the settlement as a penal institution. Prison escape attempts were an initial problem the
colony experienced during its first 2 year, including 33 escapees on 20 Sept. 1905. Yet, through
White's efforts, the settlement became a successful colony. Vocational activities included farming,
fishing, forestry, and carpentry, from which the prisoners were free to choose.
SABLAYAN PRISON AND PENAL FARM

SABLAYAN PRISON AND PENAL FARM: Nearer to Manila than other penal
colonies, the Sablayan Penal Colony is in Occidental Mindoro and relatively new. Established on
September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal colony has a total
land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees arrived in Sablayan on January 15,
1955. Since then, several buildings have been constructed, including the colonist dormitories,
employees’ quarters, guardhouse, schoolhouse, chapel, recreation hall, and post exchange.

Three sub-colonies were later organized. One is a reservation which this day remains
part of a protected rainforest. Another is in a coastal area. The third was used by the national
government as a relocation site for refugees from the eruption of Mt. Pinatubo eruption in 1991.

SAN RAMON PRISON AND PENAL FARM

SAN RAMON PRISON AND PENAL FARM: According to historical accounts, the
San Ramon Prison was established in southern Zamboanga on August 21,1870 through a royal
decree promulgated in 1869. Established during the tenure of Governor General Ramon Blanco
(whose patron saint the prison was named after), the facility was originally established for persons
convicted of political crimes.

Considered the oldest penal facility in the country, prisoners in San Ramon were required to do
agricultural work.

During the Spanish-American War in 1898, the prisoners in San Ramon were hastily
released and the buildings destroyed. In 1907, the American administration re-established the
prison farm. In 1912, Gen. John Pershing, chief executive of the Department of Mindanao and
Sulu, classified the institution as a prison and penal colony and therein confined people sentenced
by the courts under his jurisdiction. Under Pershing’s supervision, several buildings with a
capacity for 600 prisoners were constructed. After several years, the colony became practically
self-supporting, with 75,000 coconut trees, which were planted at the beginning of Pershing’s
administration, contributing to the colony’s self-sufficiency. Aside from coconuts, rice, corn,
papaya, and other crops were also cultivated.

On November 1, 1905, Reorganization Act No. 1407 was approved creating the Bureau of
Prisons under the Department of Commerce and Police, integrating the Old Bilibid Prison, San
Ramon Penal Colony and Iwahig Penal. The Philippine Coconut Authority took over management
of the coconut farm from San Ramon.
In 1995, Congresswoman Maria Clara Lobregat proposed the transfer of San Ramon Prison to
Bongiao town, in the mountainous area of Zamboanga, to give way to a special economic zone.
DAVAO PRISON AND PENAL FARM IN PANABO, DAVAO

Davao Prison and Penal Farm, formerly the Davao Penal Colony (Apical), was
established on January 21, 1932 in Panabo City, Davao del Norte, Philippines. It has a land area
of 30,000 hectares with a prison reservation of 8,000 hectares. During World War II, the Davao
Penal Colony was the biggest prison establishment in the country which was used by the Japanese
invading army as their imperial garrison.

HISTORY

On October 7, 1931, Governor Dwight Davis signed proclamation 414 which reserved a
site for Penal Colony in Davao Province in Mindanao and on January 21, 1932 the Davao Penal
Colony was formally established under Act No. 3732. During World War II, it was used by the
Philippine-American Armed Forces where more than 1000 Japanese were treated in accordance
with the orders of the American commanding officer. The Japanese Imperial Army attacked Davao
on December 20, 1941 and the colony was among the establishments that were taken over by the
Imperial Army.

This institution is now the main source of income by the Bureau of Prison from its vast
products. The of abaca, rice, and other major agricultural products. The colony has been engaged
in a joint venture with the Tagum Develop Company (TADECO) and has a land area of 3,000
hectares banana plantations.

DAVAO PRISON AND PENAL FARM

 ADMISSION, CONFINEMENTS AND CLASSIFICATION OF INMATES

Admission, Confinements and Classification of inmates is not just an administrative

apparatus of control, but to harmonize the inherent disparity of class to clash by nature of its
congenital character or by its societal structure. In simple term, it is the segregation by distinction
and not by discrimination.

What this mechanism seeks to avoid is the absurdity of inmates of being morally
subjugated by its own peers by reason of age, notoriety, disability, and other factors beyond his
personal competence to resist. There can never be a meaningful rehabilitation if the wards are
being terrorized by the biting signs of coercion and oppressions. Prison statistics has shown names
of inmates who entered as a cub but ended as a tiger.

WHO IS A PRISONER?

The term prisoner is commonly used in law to designate a person in legal custody charged
with crime or public offense. In broad sense, any person unlawfully restrained of his liberty or
unlawfully detained from his proper custody; any person who is being held in a confinement
against his will; a captive detained in a place of confinement is a prisoner.

In a narrower and more technical sense, a person deprived of his liberty by virtue of a
judicial or other lawful process; a person committed to prison, one that is confined in prison on an
action or upon commandment.

ADMISSION AND CONFINEMENT OF INMATES

There shall be a Reception and diagnostic Center (RDC) in every prison which shall
receive, study, and classify inmates and detainees committed to the bureau. Upon admission in the
Reception and Diagnostic Center an inmate shall be placed in the quarantine for at least five (5)
days during which shall be.

a. Given a physical examination to determine any physical illness or handicap, or mental

ailment, and segregate those suspected of having an infectious disease. If found sick the
inmates shall immediately be confined in a hospital.
b. Orientation of prison rules and regulations; and
c. Interview by a counselor, social worker, and or other program staff officers; the interview
shall be conducted in private.

After the quarantine period, the inmate shall remain in the Reception and Diagnostic Center
for a period of fifty-five (55) days where he shall undergo psychiatric, psychological, sociological,
vocational, educational, religious, and other examinations. The result of said examinations shall
be a basis for the inmate’s individualize treatment program; thereafter, he shall be assigned to
prison facility as maybe recommended by the chief of the Reception and Diagnostic Center.
 The Reception and Diagnostic Center shall keep a complete record of an inmate, which shall
include the inmate’s personal circumstances, brief personal social and occupational history, the
results of the intake interview and initial security classification.

ADMISSION – an inmate shall be admitted in the Reception and Diagnostic Center of a prison
upon presentation of the following documents.

a. Mittimus/Commitment order from the court the mittimus/commitment order shall be under
the signature of the judge and shall bear the seal of the court attested by clerk of court.
b. Information and court decision of his case.
c. Certification of detention if any, and
d. Certification that the case of the inmate is not on appeal; a female shall be received only in
CIW.

The backbone of a prison is good security. As a matter of fact, every aspect of custodial
concern relates to security. If there is an operational area, which marks the difference between
prison custody and police security as a rule in dealing with violations, it lays mainly in their rules
of engagement. If a prisoner poses a challenge at corrective functions as in escaping, the convict
is presumed to be armed and dangerous and therefore must be pursued and subdued using all means
with emphasis on fatal effects. A ‘shoot-to-kill’ move is presumed unless contrary orders are
given.

It does not apply to a person held and without conviction yet. The constitutional presumption
of innocence still shields the detainee from any untoward harm, whether the latter has caused the
violation or otherwise. Under the precepts of correctional security, the heavy burden of securing
not only the person of both staff and inmate is highlighted, including the integrity of the institution
as well. Hence, correctional security must be handled by men of exemplary probity and trained in
the social science with exactitude.

Admission of Prisoner

The formal Correctional process begins from the time the accused is convicted, whether he
is to serve time for violating an ordinance (in which case he would serve his sentence in local jails)
or the Revised Penal Code (in which case he would be sent to the national penitentiary to serve his
penalty). Spending time in jail or being locked-up while awaiting conviction is not a formal entry
to the correctional system yet and therefore the accused’s presumption of innocence remains as it
was, and he must be handled and treated as such. Unless the accused files a request for “working
detention,” he cannot be compelled to don the prison/jail uniform nor subjected to the regimen an
ordinary prisoner undergoes while under confinement.

In the event the accused is convicted for violating the Revised Penal Code (and other
special laws) and is given a sentence with a maximum period of more than three (3) years, he is to
be transported to the National Penitentiary within a period of 60 days. This period is to be
reckoned on the date of the Commitment Order, as issued by the Court.
 1. Those whose maximum sentence is below three years: to serve time in local jails.
Those whose sentence is below three years but whose sentence includes a fine of more than
P2,000.00: for transfer to the national penitentiary.

Those whose maximum sentence is more than three (3) years: for transfer to the national
penitentiary.

Those whose cases are still under trial: to await judicial verdict in local jails or under bail. In
some situations where national security reasons or court rules are invoked, the person may
be transferred to the National Penitentiary subject to orders issued by competent authorities
(such as the President, Congress, and Courts)

Those who commit violations in parole or executive clemency: for transfer to the national
penitentiary to serve the remaining portion of the penalty.

Those who are captured escapees from the national penitentiary: for transfer to the national
penitentiary to serve remaining portion of penalty along with the penalty for evasion.

Admission in Prison

By “National Penitentiary” is meant any of the seven prisons and penal farms under the Bureau of
Corrections. Under Presidential Decree No. 29, all penal colonies are declared as regular
prisons. Hence, operationally, the Bureau of Corrections has been decentralized.

The following penal facilities are considered as regular prisons, corresponding to the area where
it is situated.

New Bilibid Prison, Muntinlupa City. For those sentenced to Death regardless of place of
conviction. Also, for those from the New Capital Region, Regions I, II, III, IV and V.

Iwahig Prison and Penal Farm, Puerto Princesa City, Palawan: From the province of
Palawan and Region IV-A.

Davao Prison and Penal Farm, Davao del Norte: From Caraga, Regions IX, X and XI.

Leyte Regional Prison, Abuyog, Southern Leyte: From Regions VI, VII and VIII.

Correctional Institute for Women, Mandaluyong City: For all female national prisoners in
the country.

Sablayan Prison and Penal Farm, Sablayan, Mindoro Occidental: From the Mindoro
Province.

San Ramon Prison and Penal Farm, Zamboanga City: From ARMM and Region XII.
Each of these prisons and penal farms maintains reception centers for the newly received/ admitted
national prisoners.

Checking the Commitment Order

Under institutional rules, a newly admitted prisoner shall be received and admitted by the facility
(Reception and Diagnostic Center of the concerned prison and penal farm) only if the following
legal documents for imprisonment are present:

Provincial Form Number 45: This will indicate that the person to be turned over is the real
person concerned.

Commitment Order of the Court / Mittimus: Legal basis for the transfer. (Note: The
mittimus or court commitment order shall have the signature of the judge and shall bear
the seal of the court attested by the clerk of court.)

Information and Court Decision of the Case: For determination of sentence

Certification of Detention: For purposes of evaluating the prison record.

Certification that the case of the inmate is not on appeal: For purposes of evaluation.

Strip Search and Inventory of Personal Property

Upon admission, the inmate is searched thoroughly. He is ushered into the quarantine area for
purposes of physical examination. While undergoing classification or being categorized by
institution, he can retain in his possession only such articles as are authorized.

A list of articles taken from the inmate is entered in the inmate’s record and receipted for by the
receiving officer. Said articles will be returned upon the inmate’s discharge, unless any or all said
articles are previously disposed of at the inmate’s request or ordered condemned by the
Superintendent after a lapse of two (2) years.
 REFERENCES

[Link]
correctional-institution-from-admission-to-release/

Institutional Correction handbook, Joner C. Villaluz, Carlito R. Panganoron Jr., William A. Revisa
Wiseman’s Book Trading, Inc.
 SELF-CHECK

Instruction: Enumerate and explain the differences of seven penal institution in the Philippines.

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 LEARNING OUTCOME 1.4

PRESIDENTIAL DECREE NO. 968 - PROBATION LAW OF THE PHILIPPINES

CONTENT:

1. The scope of Presidential Decree No. 968-Probation Law

2. What is Probation Law?

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.4

Learning Outcome 1.4 PRESIDENTIAL DECREE NO. 968 - PROBATION LAW OF

THE PHILIPPINES

Learning Activities Special Instruction

1. To know what Probation Law is. 1. Study the different types of privileges given
to those prisoners.

2. To gain knowledge about Presidential Decree 2. Analyze and read this law.
No. 968.

Note: The learning activities in information 1.4 are to determine if you understand the topic in
lesson 1.4

Information Sheet 1.4

PRESIDENTIAL DECREE NO. 968 - PROBATION LAW OF THE PHILIPPINES

Learning Objectives:

After reading the information sheet you should be able to.

1. To understand the scope of Presidential Decree No. 968.

2. To gain knowledge about the privileged given to those prisoners.
 LEARNING OUTCOME 1.4

PRESIDENTIAL DECREE NO. 968 - PROBATION LAW OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 4 of Presidential Decree No. 968, as amended, is hereby further amended to
read as follows:

“SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after
it shall have convicted and sentenced a defendant for a probation able penalty and upon application
by said defendant within the period for perfecting an appeal, suspend the execution of the sentence
and place the defendant on probation for such period and upon such terms and conditions as it may
deem best. No application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction: Provided, that when a judgment of
conviction imposing a non-probation able penalty is appealed or reviewed, and such judgment is
modified through the imposition of a probation able penalty, the defendant shall be allowed to
apply for probation based on the modified decision before such decision becomes final. The
application for probation based on the modified decision shall be filed in the trial court where the
judgment of conviction imposing a non-probation able penalty was rendered, or in the trial court
where such case has since been re-raffled. In a case involving several defendants where some have
taken further appeal, the other defendants may apply for probation by submitting a written
application and attaching thereto a certified true copy of the judgment of conviction.

“The trial court shall, upon receipt of the application filed, suspend the execution of the sentence
imposed in the judgment.

“This notwithstanding, the accused shall lose the benefit of probation should he seek a review of
the modified decision which already imposes a probation able penalty.

“Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
The filing of the application shall be deemed a waiver of the right to appeal.

“An order granting or denying probation shall not be appealable.”

SEC. 2. Section 9 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

“a. sentenced to serve a maximum term of imprisonment of more than six (6) years.

“b. convicted of any crime against the national security.

“c. who have previously been convicted by final judgment of an offense punished by imprisonment
of more than six (6) months and one (1) day and/or a fine of more than one thousand pesos
(P1,000.00).

“d. who have been once on probation under the provisions of this Decree; and

“e. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”

SEC. 3. Section 16 of the same Decree, as amended, is hereby further amended to read as follows:

“SEC. 16. Termination of Probation. — After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final discharge of
the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

“The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended because of his conviction and to totally extinguish his criminal liability as to the offense
for which probation was granted.

“The probationer and the probation officer shall each be furnished with a copy of such order.”

SEC. 4. Section 24 of the same Decree is hereby amended to read as follows:

“SEC. 24. Miscellaneous Powers of Regional, Provincial and City Probation Officers. —
Regional, Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in connection with
their duties and functions under this Decree. They shall also have, with respect to probationers
under their care, the powers of a police officer. They shall be considered as persons in authority.”

SEC. 5. Section 27 of the same Decree is hereby amended to read as follows:

“SEC. 27. Field Assistants, Subordinate Personnel. – Regional, Provincial or City Probation
Officers shall be assisted by such field assistants and subordinate personnel as may be necessary
to enable them to carry out their duties effectively.”

SEC. 6. Section 28 of the same Decree is hereby amended to read as follows:

“SEC. 28. Volunteer Probation Assistants (VPAs). — To assist the Chief Probation and Parole
Officers in the supervised treatment program of the probationers, the Probation Administrator may
appoint citizens of good repute and probity, who have the willingness, aptitude, and capability to
act as VPAs.

“VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowances, as may be determined by the Probation Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which may be renewed or recalled anytime for a
just cause. Their functions, qualifications, continuance in office and maximum caseloads shall be
further prescribed under the implementing rules and regulations of this Act.

“There shall be a reasonable number of VPAs in every regional, provincial, and city probation
office. To strengthen the functional relationship of VPAs and the Probation Administrator, the
latter shall encourage and support the former to organize themselves in the national, regional,
provincial, and city levels for effective utilization, coordination, and sustainability of the volunteer
program.”

SEC. 7. Separability Clause. — If any provision of this Act is declared invalid, the provisions
hereof not affected by such declaration shall remain in full force and effect.

SEC. 8. Repealing Clause. — All laws, executive orders, or administrative orders, rules and
regulations or parts thereof which are inconsistent with this Act are hereby amended, repealed, or
modified accordingly.

SEC. 9. Appropriations Clause. — The amount necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year following its enactment into law.

SEC. 10. Implementing Rules and Regulations. — Within sixty (60) days from the approval of this
Act, the Department of Justice shall promulgate such rules and regulations as may be necessary to
carry out the provisions of this Act.

SEC. 11. Effectivity. — This Act shall take effect immediately after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

PROBATION LAW

Section 1. Title and Scope of the Decree. — This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.

Sec. 2. Purpose. — This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less probable
if he were to serve a prison sentence; and.

(c) prevent the commission of offenses.

Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:
(a) "Probation" is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer..

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation or
supervises a probationer or both.

Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon application at any time of said defendant,
suspend the execution of said sentence and place the defendant on probation for such period and
upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial court, with notice to the appellate court if an
appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Sec. 5. Post-sentence Investigation. — No person shall be placed on probation except upon prior
investigation by the probation officer and a determination by the court that the ends of justice and
the best interest of the public as well as that of the defendant will be served thereby.

Sec. 6. Form of Investigation Report. — The investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form prescribed by the Probation Administrator and
approved by the Secretary of Justice.

Sec. 7. Period for Submission of Investigation Report. — The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt of the order
of said court to conduct the investigation. The court shall resolve the petition for probation not
later than five days after receipt of said report.

Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That, in
case where no bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize to the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

Sec. 8. Criteria for Placing an Offender on Probation. — In determining whether an offender may
be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:

(a) the offender needs correctional treatment that can be provided most effectively by his
commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will commit another crime;
or

(c) probation will depreciate the seriousness of the offense committed.

Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.

Sec. 10. Conditions of Probation. — Every probation order issued by the court shall contain
conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at such place
as may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by said
officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain
in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit the probation officer or an authorized social worker to visit his home and place of work;

(j) reside at premises approved by it and not to change his residence without its prior written
approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.

Sec. 11. Effectivity of Probation Order. — A probation order shall take effect upon its issuance,
at which time the court shall inform the offender of the consequences thereof and explain that upon
his failure to comply with any of the conditions prescribed in the said order or his commission of
another offense, he shall serve the penalty imposed for the offense under which he was placed on
probation.

Sec. 12. Modification of Condition of Probation. — During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the conditions
or period of probation. The court shall notify either the probationer or the probation officer of the
filing of such an application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

Sec. 13. Control and Supervision of Probationer. — The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual supervision
and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other pertinent
records shall be furnished said Executive Judge. Thereafter, the Executive Judge to whom
jurisdiction over the probationer is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation.

Sec. 14. Period of Probation. —

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than
one year shall not exceed two years, and in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to be more
than twice the total number of days of subsidiary imprisonment as computed at the rate established,
in Article thirty-nine of the Revised Penal Code, as amended.
Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any time during probation, the court
may issue a warrant for the arrest of a probationer for violation of any of the conditions of
probation. The probationer, once arrested and detained, shall immediately be brought before the
court for a hearing, which may be informal and summary, of the violation charged. The defendant
may be admitted to bail pending such hearing. In such a case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to probationers arrested under this
provision. If the violation is established, the court may revoke or continue his probation and modify
the conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable.

Sec. 16. Termination of Probation. — After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final discharge of the
probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend
as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense
for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Sec. 17. Confidentiality of Records. — The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer makes such disclosure
desirable or helpful: Provided, Further, That, any government office or agency engaged in the
correction or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

Sec. 18. The Probation Administration. — There is hereby created under the Department of Justice
an agency to be known as the Probation Administration herein referred to as the Administration,
which shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions.

Sec. 19. Probation Administration. — The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the President
of the Philippines. He shall hold office during good behavior and shall not be removed except for
cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:
(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may prescribe,
concerning the operation, administration and improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules relative to
the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel of his
Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or incidental to
achieve the objectives of this Decree.

Sec. 20. Assistant Probation Administrator. — There shall be an Assistant Probation

Administrator who shall assist the Administrator perform such duties as may be assigned to him
by the latter and as may be provided by law. In the absence of the Administrator, he shall act as
head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.

Sec. 21. Qualifications of the Administrator and Assistant Probation Administrator. — To be

eligible for Appointment as Administrator or Assistant Probation Administrator, a person must be
at least thirty-five years of age, holder of a master's degree or its equivalent in either criminology,
social work, corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five years of supervisory
experience, or be a member of the Philippine Bar with at least seven years of supervisory
experience.

Sec. 22. Regional Office; Regional Probation Officer. — The Administration shall have regional
offices organized in accordance with the field service area patterns established under the Integrated
Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may be assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall
also be appointed by the President of the Philippines, upon recommendation of the Secretary of
Justice, with an annual salary of at least twenty thousand pesos.

Sec. 23. Provincial and City Probation Officers. — There shall be at least one probation officer in
each province and city who shall be appointed by the Secretary of Justice upon recommendation
of the Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen thousand
four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the Administrator;

(b) instruct all probationers under his supervision or that of the probation aide on the terms and
conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge and use
all suitable methods to bring about an improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be required by
the Administration or the court having jurisdiction over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who are willing
to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's supervision of probationers;

(g) exercise supervision and control over all field assistants, probation aides and other personnel;
and

(h) perform such duties as may be assigned by the court or the Administration.

Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their duties and functions under
this Decree. They shall also have, with respect to probationers under their care, the powers of a
police officer.

Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation Officers.
— No person shall be appointed Regional or Assistant Regional or Provincial or City Probation
Officer unless he possesses at least a bachelor's degree with a major in social work, sociology,
psychology, criminology, penology, corrections, police science, police administration, or related
fields and has at least three years of experience in work requiring any of the abovementioned
disciplines, or is a member of the Philippine Bar with at least three years of supervisory experience.
Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

Sec. 26. Organization. — Within twelve months from the approval of this Decree, the Secretary
of Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers shall
be assisted by such field assistants and subordinate personnel as may be necessary to enable them
to carry out their duties effectively.

Sec. 28. Probation Aides. — To assist the Provincial or City Probation Officers in the supervision
of probationers, the Probation Administrator may appoint citizens of good repute and probity to
act as probation aides.

Probation Aides shall not receive any regular compensation for services except for reasonable
travel allowance. They shall hold office for such period as may be determined by the Probation
Administrator. Their qualifications and maximum caseloads shall be provided in the rules
promulgated pursuant to this Decree.

Sec. 29. Violation of Confidential Nature of Probation Records. — The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from six hundred to six
thousand pesos shall be imposed upon any person who violates Section 17 hereof.

Sec. 30. Appropriations. — There is hereby authorized the appropriation of the sum of Six Million
Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the National
Treasury not otherwise appropriated, to carry out the purposes of this Decree. Thereafter, the
amount of at least Ten Million Five Hundred Thousand Pesos or so much as may be necessary
shall be included in the annual appropriations of the national government.

Sec. 31. Repealing Clause. — All provisions of existing laws, orders, and regulations contrary to
or inconsistent with this Decree are hereby repealed or modified accordingly.

Sec. 32. Separability of Provisions. — If any part, section, or provision of this Decree shall be
held invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected
thereby.

Sec. 33. Effectivity. — This Decree shall take effect upon its approval: Provided, However, That,
the application of its substantive provisions concerning the grant of probation shall only take effect
twelve months after the certification by the Secretary of Justice to the Chief Justice of the Supreme
Court that the administrative structure of the Probation Administration and of the other agencies
has been organized.
 REFERENCES

[Link]

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decree-no-968-probation-law-of-the-
[Link]#:~:text=%E2%80%94%20A%20probation%20order%20shall%20take,the%20p
enalty%20imposed%20for%20the
 SELF-CHECK

Instruction: Discuss what did you understand about Probation Law.

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 LEARNING OUTCOME 1.5

DIVERSIFICATION AND CLASSIFICATION OF INMATES AS TO ENTITLEMENT

OF PRIVILEGE

CONTENT:

1. Classification of Inmates as to Entitlement to Privilege

2. Privilege of the Colonists.
3. Confinement and Accommodation of Inmates
4. Prison Accommodation standard

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.5

Learning Outcome 1.6 DIVERSIFICATION AND CLASSIFICATION OF INMATES AS

TO ENTITLEMENT OF PRIVILEGE

Learning Activities Special Instruction

1. To know the diversification concept and 1. Study the importance of prison

importance. accommodation standard.

2. To understand the confinement and 2. Read and study the privilege of the Colonist.
accommodation of inmates.

Note: The learning activities in information 1.5 are to determine if you understand the topic in
lesson 1.5

Information Sheet 1.5

DIVERSIFICATION AND CLASSIFICATION OF INMATES AS TO ENTITLEMENT

OF PRIVILEGE

Learning Objectives:

After reading the information sheet you should be able to.

1. The learning objectives of this lesson is to understand the scope and importance of
diversification and classification of inmates as to entitlement of privilege, included the
prison accommodation standard.
 LEARNING OUTCOME 1.5

DIVERSIFICATION AND CLASSIFICATION OF INMATES AS TO ENTITLEMENT

OF PRIVILEGE

DIVERSIFICATION CONCEPT AND IMPORTANCE -Diversification is an

administrative device of correctional institution of providing varied and flexible types of physical
plants for the more effective control of the treatment programs of its diversified population.

The principle is that as soon as there are enough prisoners of a certain homogenous type
requiring a specialized program of custody and treatment, this group should be separated in a
specialized institution. This separation can be done through proper classification.

When the prisoners are classified and grouped according to certain criteria, the treatment
is specialized since they are carrying out of the treatment program is concentrated. Diversification
maybe done either by building a special institution for the different classes of prisoners is more
desirable.

Provisions for proper segregation of groups give more effective execution of the treatment
programs or likewise providing separate facilities within a single institution itself is also less
expensive. Big institution maybe broken into smaller units because building special institution
requires a big amount of money. Segregation of prisoners is aimed to prevent moral or physical
contamination of group by another and prevent unnecessary custodial risk.

Factors to be considered in diversification, the age, gender, medical needs, physical needs
of the prisoners, and degree of custody.

CLASSIFICATION OF INMATES AS TO ENTITLLEMENT TO PRIVILEGE – inmates

shall be classified as follows to determine their entitlement to prison privilege:

a. Detainee
b. Third class inmate – one who has either been previously committed for three (3) or more
times as a sentence inmate; except those imprisoned for non-payment of fine and those
who have been reduced from a higher class.
c. Second class inmate – a newly-arrived inmate; an inmate demoted from 1st class inmate
or promoted from 3rd class inmate.
d. First class inmate – on whose known character and credit for work while in detention
earned assignment to this class upon commencement of sentence, or one who has been
promoted from 2nd class.
e. Colonist – one who has passed as the 1st class inmate and has served one year immediately
preceding the completion of the period specified in the following qualification: and has
 served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the
maximum term of his prison sentence, or seven (7) years in the case life sentence. The
inmate becomes colonist upon the recommendation of the classification board after the
following the said requirements.

PRIVILEGE OF THE COLONISTS – colonist shall have the following privileges:

1. Credit of an additional GCTA of five (5) days for each calendar month, while they retain
said classification aside from the regular GCTA authorized under article 97 of the Revised
Penal Code.
2. Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty
(30) years.
3. Subject to the approval of the Prison Director, to have their wife and children, and or
woman they desire to marry, live with them in the prison and penal farm. Transportation
expenses of the family going to and the discharge of the colonist from the prison and penal
farm shall be for the account of the government. The family may avail of all prison facilities
such as church, and school and its free of charge. All members of the family of the said
colonist shall be subjected to the rules and regulations governing to the prison and penal
farm.
4. As a special reward to a deserving colonist the issuance of the reasonable amount of
clothing and ordinarily household supplies from the government commissary in addition
to free subsistence; and
5. To wear civilian clothes on such special occasions as maybe designated by the prison
superintendent.

CONFINEMENT AND ACCOMODATION OF INMATES

PLACE OF CONFINEMENT – an inmate shall only be confined in a place declared by

the President of the Philippines or by the Executive Order to the place of confinement of national
inmate or by specific direction of the court, provided that the male inmate shall be committed
directly to and shall be confined in a prison nearest his actual place of residence. A prison may
also be used as a place detention for the classes of inmate or for the temporary safekeeping of any
person detained upon legal process.

SECURITY COMPOUND - A prison shall; whenever possible, have a separate prison

compound for the segregation of inmates according to their security classification. Each prison
compound shall be under a superintendent who is assisted by an Assistant Superintendent.
 Separate facilities – where facilities permit, there shall be, separate dormitories inmates
under the following categories.

Finally sentenced inmates.

Death convicts.
Inmates who, by reason of their criminal record, are likely to exercise a passive
influence on other inmates.
Detainees.
Youth offenders or those below eighteen years of age.
First offenders.
Habitual delinquents.
Infirm aged, invalids, and other finally convicted inmates whose physical condition
seriously impair whose physical condition seriously impair their mobility.
Those suffering from mental disorder, or abnormality, including sexual deviates.
Female offenders.
Drug dependents.
Foreign National, and
Members of culture minorities.

PRISON ACCOMODATION STANDARD – all accommodation for the use of all inmates shall
meet the requirements of the sanitation and hygiene, with emphasis on adequate ventilation, living
space, and lighting. Bathrooms and washing areas shall be provided in every prison facility. All
areas extensively used by inmates, shall be properly maintained, and always kept clean. Beds and
clothing shall be neatly always made up in uniform manner, buildings occupied by all inmates
must be disinfected at least once a month.

YOUTH CAMPS – the Bureau of prisons shall maintain agricultural and forestry camps where
youth offenders may serve their sentence in lieu of confinements in prison.
 REFERENCES

Institutional Correction handbook, Joner C. Villaluz, Carlito R. Panganoron Jr., William A. Revisa
Wiseman’s Book Trading, Inc.
 SELF-CHECK

Instruction: Discuss the importance of classification of inmates as to entitlement to privilege.

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Who are qualified to be a colonist?

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How be colonist status revoked?

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 LEARNING OUTCOME 1.6

TRANSFER OF INMATES

CONTENT:

1. Transfer of Inmates
2. Outside Movement of inmates
3. Rights and Privilege of inmate

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.6

Learning Outcome 1.6 TRANSFER OF INMATES

Learning Activities Special Instruction

1. To gain knowledge on how to transfer an 1. Read and study the learning outcome 1.6
inmate and to check f they are normal or mentally
abnormal.

2. To understand and know if the inmate is not 2. Analyze and study the outside movement of
eligible to be a colonist. inmate.

Note: The learning activities in information 1.6 are to determine if you understand the topic in
lesson 1.6

Information Sheet 1.6

TRANSFER OF INMATES
Learning Objectives:

After reading the information sheet you should be able to.

1. The students should know and understand the learning outcome 1.6 because the scope of
this topic is about the procedure, they conduct for them to determine if the inmate is normal
or mentally abnormal (insane).
2. To gain knowledge if the inmates are not eligible to be colonist to a prison and penal farm.
 LEARNING OUTCOME 1.6

TRANSFER OF INMATES

TRANSFER OF INMATES – an inmate maybe transferred by the Prison Director upon the
recommendation of the Superintendent concerned to another prison facility to bring the said inmate
closer to family or as part of his rehabilitation program.

TRANSFER OF AN INSANE INMATE – an inmate who has been confirmed to be

mentally abnormal or insane maybe transferred to mental hospital with the approval of the
Prison Director.

Transfer of an inmate to a stockade of the Arm Forces of the Philippines – the confinement
of an inmate maybe transferred to an AFP stockade provided the inmate is certified as minimum-
security risk and does not belong to any of the following categories:

A. Inmate serving a life term or sentence to death.

B. Inmate with previous record of escape.
C. Recidivist
D. Inmate serving a crime involving moral turpitude.
E. Female inmate
F. Inmate who has been previously transferred to an AFP stockade and was returned to prison
for cause.
G. Inmate who is more 50 years of age or who can no longer perform manual work.
H. Inmate who is a permanent resident of a place within a radius of one hundred (100)
kilometers from the AFP stockade where he is being transferred; or
I. Inmate with a pending case or who is a witness in any pending criminal case.

Transfer of inmate not eligible to be a colonist to a prison and penal farm – upon the
recommendation of the classification board, the director may also transfer to prison and penal farm
an inmate who, although not eligible for classification as a colonist.

A. Physically and psychologically fit to absorb the rehabilitative program in the colony; and
B. That such assignment is therapeutically indicated.

Transfer of inmate to provincial jail and vice versa – the President of the Philippines may direct
as the occasion may require the transfer of inmates from the national prison to a provincial jail or
vice versa. The expenses for such transfer shall be borne by the Bureau except the cost of escort
service which shall be provided by the Philippine National Police.
Mental and Physical examination of inmate to be transferred – the inmate shall be given a
mental and physical examination prior to their transfer.

OUTSIDE MOVEMENTS OF INMATES

Movement of inmate outside confinement facility – the Superintendent of the prison may
authorize an inmate to be taken out of prison in the following instances:

a. To appear in court or other government agency as directed by the competent authority.

b. For medical examination/ treatment or hospitalization in outside clinic or hospital.
c. To view the remains of a deceased relative.

Approval of the Secretary outside movements – a prior approval of the secretary of

justice shall be required for the outside movements of an NBP or CIW inmates as provided in
paragraph a, b, and c above.

Outside movement of the Death Convicts – a death convicts shall not be allowed to leave
his place of confinement except for the urgent treatment or diagnosis of a life threatening or serious
ailments, if the diagnose of a life threatening or serious ailments if the diagnosis cannot be done
or the treatment in the prison hospital.

BASIS OF COURT APPEARANCE – the court appearance of inmates shall be based on

subpoena issued by the court as endorsed by the director.

Court Appearance of life termer of death convict – no inmate sentenced to death or life
imprisonment confined in the NBP shall be brought outside said prison for appearance or
attendance in any court except when the Supreme Court authorized the presiding judge of said
court upon proper application to affect the transfer of said inmates. The NBP Cavite and Laguna
who requires the appearance or attendance in any judicial proceeding of an NBP death convict or
life, termer to conduct such proceeding within the premises of the said prison.

Application to view the remain of deceased relative with supporting documents – a

minimum or medium security inmates may; upon written application and submission of the
original or certified true copies of the death certificate: the burial permit, and the documents
specified hereunder:

a. Wife or husband (Marriage Contract)

b. Child (Birth Certificate and the Marriage Certificate of the inmates)
c. Brother/Sister (Birth certificate of the brother/sister and the birth certificates of the
inmates)
 d. Father/Mother (birth certificate of the inmates)
e. Grand children (birth certificate of the grand child and of the letters of parents who maybe
son or daughter of the inmates).

When to file application – the application to view the remains of a deceased relative and
all its supporting documents shall be filed with the superintendent at least two days before the
enjoyment of the privilege sought.

Duration of Privilege – the inmate maybe allowed three (3) hours to view the deceased
relative in the place where the remains lie in state but shall not be allowed to pass any other place
in transit; or to join funeral cortege.

Distance of Travel – the privilege maybe enjoyed only if the deceased relative is in the
place within a radius of thirty (30) kilometers by road from the prison, where the distance is more
than 30 kilometers; the privilege maybe extended if the inmate could leave and return to his place
of confinement during daytime of the same date.

RIGHT AND PRIVILEGE OF INMATES

Right of Inmates – an inmate shall have the following basic rights.

a. To receive compensation for the labor they perform.
b. To be credited with the time allowance for good conduct and loyalty.
c. To send and receive mail matters.
d. To practice their religious or observe their faith.
e. To receive authorize visitors.
f. To ventilate their grievances through proper channels, and
g. To receive death benefits and pecuniary and injuries.

RIGHTS OF INMATES – the following privileges shall also be extended to an inmate:

a. Attend or participate in any entertainment or athletic activity within the prison reservation.
b. Read books and others reading materials in the library.
c. Smoke cigar and cigarettes, except in prohibited places.
d. Participate in civic, religious, and other activities authorize by prison authorities; and
e. receive gifts and prepared food from visitors subject to inspection.

RIGHTS OF DETAINEE - a detainee may, aside from the rights and privileges enjoyed by a
finally convicted inmate to wear civilian clothes, to grow his hair in his customary style.
 REFERENCES

Institutional Correction handbook, Joner C. Villaluz, Carlito R. Panganoron Jr., William A. Revisa
Wiseman’s Book Trading, Inc.
 SELF-CHECK

1. Can inmate view the remains of his deceased relatives?

2. What are the instances wherein the inmate can leave outside the confinement facilities?
 LEARNING OUTCOME 1.7

PRISON LABOR AND RULE AND REGULATION IMPLEMENTED IN THE PRISON

INSTITUTIONS

CONTENT:

1. Institution Prison Labor

2. Agreement of Detainee to Abide by Rules Impose of Finally Convicted Inmates
3. Compensation

METHODOLOGY:

1. Practical Exercises
2. Written Exam
3. Group Activity
4. Online Discussion
5. Lecture using Zoom.

ASSESSMENT TASK

1. Written Exam
2. Essay
3. Oral Exam
 Learning Experience 1.7

Learning Outcome 1.7 PRISON LABOR AND RULE AND REGULATION

IMPLEMENTED IN THE PRISON INSTITUTIONS

Learning Activities Special Instruction

1. To gain knowledge about prison labor and rule 1. Read and analyze the learning outcome 1.7
and regulation implemented in the prison
institution.

2. To know the rules and regulation of those 2. To understand the policy about the
prison inside the jail while they are working. compensation credits of the prison.

Note: The learning activities in information 1.7 are to determine if you understand the topic in
lesson 1.7

Information Sheet 1.7

PRISON LABOR AND RULE AND REGULATION IMPLEMENTED IN THE PRISON

INSTITUTIONS

Learning Objectives:

After reading the information sheet you should be able to.

1. To understand the prison labor and rule and regulation implemented in the prison
institution.
2. To gain knowledge about the procedure or rules and regulation of the prison inside the
correctional facility while they are working.
 LEARNING OUTCOME 1.7

PRISON LABOR AND RULE AND REGULATION IMPLEMENTED IN THE PRISON

INSTITUTIONS

PRISON LABOR

Prison labor of finally convicted inmates – A finally convicted able-bodied inmates may
be required to work at least 8 hours a day, except on Sundays and Legal Holidays, in and around
the prison, public buildings, grounds, roads, and other public works of the National government.
In the interest of the service, however they may be required to work on expected holidays.

Prison Labor of Detainee – A detainee may not be required to work in prison; however,
he may be made to polish his cell and perform such other labor as maybe deemed necessary for
hygienic or sanitary reasons.

AGREEMENT OF DETAINEE TO ABIDE BY RULES IMPOSE ON FINALLY

CONVICTED INMATES – Upon his admission, the detainee shall be informed that he may be
credited in the service of his prison sentence with the full time during which he may have undergo
a preventive imprisonment if he agrees in writing to abide by the same disciplinary rules imposed
on convicted inmates, provided the detainee is not a recidivist or has been convicted previously
twice or more times of any crime.

Certification of Superintendent if detainee refused to abide by rules imposed on finally

convicted inmates – if the detainee does not agree to abide the same disciplinary rules as a finally
convicted inmates, the Superintendent shall issue a certification under oath to the effect that the
detainee was appraised of his right to be credited in the service of his prison sentence with the full
time during which he may have undergone preventive imprisonment and that the inmates refused
to abide by the rules imposed upon convicted inmates.

In such cases the detainee shall be credited in the service of his sentence with four fifths
(4/5) of the time during which he has undergone preventive imprisonment.

Agreement of Certification as part of prison record – the agreement of certification

mentioned above shall form the prison record of the detainee.

Female Inmates – a female inmate shall only be assigned to work on jobs suitable to her
age and physical condition. The female inmate shall be supervised only by women officers.

Old Inmates – An inmate over sixty (60) years of age maybe executed from mandatory
labor.
 Place of work assignments – Only Medium and Minimum-security inmates maybe
assigned to work in agricultural field projects within a prison reservation. Maximum security
inmates shall not be allowed to work outside the maximum-security compound.

Work Programs – Work programs shall be conducted to promote good work habits and
self – esteemed among inmates and not as a means of exploit cheap prison labor or as a punishment
for deviant behavior.

COMPENSATION CREDITS

Inmate’s compensation – Six (6) months after being permanently assigned to work in
prison, an inmate may receive Compensation credits at rates to be prescribed by the prison director,
provided:
a. He maintains good conduct, and
b. He shows interest and a definite degree of progress in the work assigned to him.

Compensation credits – Compensation credits shall be allowed in the payment of those

classified on workmanship as maybe prescribed by the Director.

Keeping of work record of inmates – A record shall be kept of inmates showing the
workmanship classification of skilled grades. The credits accruing to each shall be made monthly
in accordance with the approved recommendation of the committee named for their purpose. A
copy of the committee recommendations, duly approved by the Director or the Superintendent,
shall be furnished to the commission on Audit for his information in connection with his duty of
supervising the proper accountability of the fund created the credits to which shall be part of the
inmates Trust Fund.