 CORRECTIONS - is the fourth pillar of the Criminal Justice System

 Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so they can become useful
members of society upon completion of their service of sentence.
 Board of Pardons and Parole (BPP) - recommends to the President the prisoners who are qualified for parole,
pardon or other forms of executive clemency in the form of reprieve, commutation of sentence, conditional
pardon and absolute pardon.
 Parole and Probation Administration (PPA) - conducts post-sentence investigation of petitioners for probation as
referred by the courts, as well as pre-parole/pre-executive clemency investigation to determine the suitability of
the offender to be reintegrated in the community instead of serving their sentence inside an institution or prison;
exercise general supervision over all parolees and probationers and promotes the correction and rehabilitation of
offenders outside the prison institution.
 DILG - manages inmates who are undergoing investigation, awaiting or undergoing trial, awaiting final judgment
and those who are convicted by imprisonment of up to three (3 years.
 Bureau of Jail Management and Penology (BJMP) has jurisdiction over all municipal, city and district jail national
wide.
 Provincial Local Government Unit operates all provincial jails.
 Philippine National Police (PNP) likewise maintains detention facilities in its different police stations nationwide
 DSWD - manages sentenced youth offenders.
 Security - it involves safety measures to maintain the orderliness and discipline within the jail or prison.
 Prison Discipline - It is the state of good order and behavior. It includes maintenance of good standards of works,
sanitation, safety, educational, health and recreation. It aims at self-reliance, self-control, self-respect and self-
discipline.
 Preventive Discipline - is the prompt correction of minor deviations committed by prisoners. before they become
serious violations.
 Control - It involves supervision of prisoners to ensure punctual and orderly movement from one place work
program or assignment to another.
 Custody - is the guarding or penal safekeeping, it involves security measures to ensure security and control within
the prison. The Prison Custodial Division carries it out. The Prison Custodial Division is charged of all matters
pertaining to the custody of the Prisoners and security of the institution. Disciplinary Board The board is tasked to
implement discipline inside the jails just in case there are violation of existing rules and policies.
 Commitment - means entrusting for the confinement of an inmate to a jail by a competent court or authority, for
the purposes of safekeeping during the pendency of his/her case.
 Classification - refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.
 Prisoner - inmate who is convicted by final judgment; and
 Detainee - inmate who is undergoing investigation/trial or awaiting final judgment. a.
 Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion perpetua or
life imprisonment;
 Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3) years
 City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and
 Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.
 High Profile Inmate - those who require increased security based on intense media coverage or public concern as
a result of their offense such as but not limited to those who have been involved in a highly controversial or
sensationalized crime or those who became prominent for being a politician, government official, multi-million
entrepreneur, religious or cause-oriented group leader and movie or television personality.
 High Risk Inmate - those who are considered highly dangerous and who require a greater degree of security,
control and supervision because of their deemed capability of escape, of being rescued, and their ability to
launch or spearhead acts of violence inside the jail.

Corrections in the Philippines During the pre-colonial times, the informal prison system was community-based, as there
were no national penitentiaries to speak of.

 The Old Bilibid Prison

Established during the Spanish regime in 1865 to house the country's prison population.

On June 25, 1865, the Old Bilibid Prison,

The first national penitentiary in the country, was established in Manila under a Spanish royal decree.

It was divided into two sections, “Carcel y Presidio Correccional” and could accommodate 1,127 prisoners

Carcel (jail) could accommodate 600 inmates

Presidio (prison) which could hold 527 prisoners.

Established by the Spaniards in 1869.

 San Ramon Prison and Penal Farm

❑ Confinement of Muslim Rebels & Recalcitrant Political Prisoners

❑ Located at Zamboanga City

❑ 1,414-hectare

❑ Main product is Copra

 ❑ Also producing Rice, Corn, Coffee & Cattle

❑ When the Americans took over in the 1900s, the Bureau of Prisons was created under the Reorganization Act
of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of Commerce and Police. It
also paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the Spanish-
American War.

❑ On January 1, 1915, the San Ramon Prison was placed under the auspices of the Bureau of Prisons and started
receiving prisoners from Mindanao.

Before the reconstruction of San Ramon Prison, the Americans established in 1904 the Iuhit penal settlement .

 IHAWIG PRISON AND PENAL FARM

Puerto Princesa is known as the "prison without walls

• Other penal colonies were established during the American regime. On November 27,1929, the Correctional
Institution for Women (CIW) was created under Act No. 3579 to provide separate facilities for women offenders
while the Davao Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732.

• 1. Maximum Security Compound- For sentenced 20 years and above.

• 2. Medium Security compound (Camp Sampaguita) –

• For sentenced less than 20 years.

• 3. Minimum Security Compound (Camp BukangLiwayway)

• For physically-handicapped, 65 years old and above and only 6 months remaining sentenced.

Recognizing the need to properly orient newly committed prisoners to the Bureau of Corrections, the Reception and
Diagnostic Center (RDC) was created through Administrative Order No. 8, series of 1953 of the Department of Justice. It
was patterned after the reception facilities of the California State Prison. The RDC is an independent institution tasked to
receive, study, and classify all national prisoners committed by final judgment to the National Penitentiary.

The success of prison rehabilitation programs depends on how the RDC handles the orientation, diagnosis and treatment
of newly arrived inmates. Every effort is made to determine an inmate’s strength as well as moral weaknesses, physical
inadequacies, character disorders, and his educational, social and vocational needs. It is during the first sixty (60) days

Crimes against persons, such as murder, homicide, parricide, continue to dominate the offense profile, accounts
for 50% of the cases of national prisoners.

A majority of inmates confined in national prison did not finish secondary education while nearly 6% never went to school
or were illiterate. Only 3% earned a college degree. It was felt that the first step in our rehabilitation effort is to provide the
basic needs of inmate as human being.

HUMAN RIGHTS AND RA 9745

What are the basic human rights in the Philippines? We have the right to life, liberty, security and property. We have the
right to a transparent, credible, competent and impartial justice system, free from influence and corruption, where
wrongs are redressed and justice is dispensed fairly, speedily and equitably.

Prisoners have the right to a fair trial with adequate and free legal assistance. Persons under any form of detention or
imprisonment have the right to be protected from cruel, inhumane, degrading treatment and punishment, including
sexual violence and other forms of torture.

To ensure that the human rights of all persons, including suspects, detainees and prisoners are respected at all times; and
that no person placed under investigation or held in custody of any person in authority or, agent of a person authority
shall be subjected to physical, psychological or mental harm, force, violence, threat or intimidation or any act that

REPUBLIC ACT N0. 9745

AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES THEREFOR

“ANTI TORTURE ACT OF 2009”

 To ensure that secret detention places, solitary, incommunicado or other similar forms of detention, where torture
may be carried out with impunity, are prohibited

"Torture" refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an
act he/she or a third person has committed or is suspected of having committed;
 or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a person in authority or agent of a person in authority. It does not
include pain or Buffering arising only from, inherent in or incidental to lawful sanctions.

 (b) "Other cruel, inhuman and degrading treatment or punishment" refers to a deliberate and aggravated
treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of
a person in authority against a person under his/her custody, which attains a level of severity causing suffering,
gross humiliation or debasement to the latter.

 (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or
punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or
other cruel, inhuman and degrading treatment or punishment.

 (d) "Order of Battle" refers to any document or determination made by the military, police or any law enforcement
agency of the government, listing the names of persons and organizations that it perceives to be enemies of the
State and that it considers as legitimate targets as combatants that it could deal with, through the use of means
allowed by domestic and international law.

 Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:

 (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:

 (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects,
and jumping on the stomach;

 (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances
not normally eaten;

 (3) Electric shock;

 (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or acids or spices directly on the wound(s);

 (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink
of suffocation;

 (6) Being tied or forced to assume fixed and stressful bodily position;

 7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical
torture of the genitals;

 (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;

 (9) Dental torture or the forced extraction of the teeth;

 (10) Pulling out of fingernails;

 (11) Harmful exposure to the elements such as sunlight and extreme cold;

 (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;

 (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:

 (i) The administration or drugs to induce confession and/or reduce mental competency; or

 (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

 (14) Other analogous acts of physical torture; and

 (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in
authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale,
such as:

 (1) Blindfolding;

 (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;

 (3) Confinement in solitary cells or secret detention places;

 (4) Prolonged interrogation;

 (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;

 (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief
that he/she shall be summarily executed;

 (7) Maltreating a member/s of a person's family;

 (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;

 (9) Denial of sleep/rest;

 (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's
head or putting marks on his/her body against his/her will;

 (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
  (12) Other analogous acts of mental/psychological torture.

 Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar
forms of detention, where torture may be carried out with impunity. Are hereby prohibited.

 Section 11. Assistance in Filing a Complaint. - The CHR and the PAO shall render legal assistance in the investigation
and monitoring and/or filing of the complaint for a person who suffers torture and other cruel, inhuman and
degrading treatment or punishment, or for any interested party thereto
 Section 12. Right to' Physical, Medical and Psychological Examination. - Before and after interrogation, every
person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to
demand physical examination by an independent and competent doctor of his/her own choice. If such person
cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and
independent doctor to conduct physical examination.
 Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the
commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the
execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or
simultaneous acts shall be liable as principal
 Any superior military, police or law enforcement officer or senior government official who issued an order to any
lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals.
 The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the
PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her
that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her
subordinates
 Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the
following acts:
 (1) Torture resulting in the death of any person;
 (2) Torture resulting in mutilation;
 (3) Torture with rape;
 (4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane,
imbecile, impotent, blind or maimed for life; and
 (5) Torture committed against children.
 (b) The penalty of reclusion temporal shall be imposed on those who commit any act of mental/psychological
torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the
victim due to guilt, worthlessness or shame.
 (c) The penalty of prision correccional shall be imposed on those who commit any act of torture resulting in
psychological, mental and emotional harm other than those described 1n paragraph (b) of this section. '
 (d) The penalty of prision mayor in its medium and maximum periods shall be imposed if, in consequence of
torture, the victim shall have lost the power of speech or the power to hear or to smell; or shall have lost an eye, a
hand, a foot, an arm or a leg; or shall have lost the use of any such member; Or shall have become permanently
incapacitated for labor.
 (e) The penalty of prision mayor in its minimum and medium periods shall be imposed if, in consequence of torture,
the victim shall have become deformed or shall have lost any part of his/her body other than those aforecited, or
shall have lost the use thereof, or shall have been ill or incapacitated for labor for a period of more than ninety (90)
days.
 (f) The penalty of prision correccional in its maximum period to prision mayor in its minimum period shall be
imposed if, in consequence of torture, the victim shall have been ill or incapacitated for labor for mare than thirty
(30) days but not more than ninety (90) days.
 (g) The penalty of prision correccional in its minimum and medium period shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for labor for thirty (30) days or less.
 (h) The penalty of arresto mayor shall be imposed for acts constituting cruel, inhuman or degrading treatment or
punishment as defined in Section 5 of this Act.
 (i) The penalty of prision correccional shall be imposed upon those who establish, operate and maintain secret
detention places and/or effect or cause to effect solitary confinement, incommunicado or other similar forms of
prohibited detention as provided in Section 7 of this Act where torture may be carried out with impunity.
 (j) The penalty of arresto mayor shall be imposed upon the responsible officers or personnel of the AFP, the PNP
and other law enforcement agencies for failure to perform his/her duty to maintain, submit or make available to
the public an updated list of detention centers and facilities with the corresponding data on the prisoners or
detainees incarcerated or detained therein, pursuant to Section 7 of this Act.

CUSTODIAL INVESTIGATION

Duties of Police Office during Custodial Investigation (RA 7438)

1. The arresting officer or investigator. As the case may be, shall insure a person arrested, detained or under custodial
investigation. At all times, be assisted by his counsel, preferably his own choice.
2. The arresting officer or investigator. As the case may be, must be inform the arrested, detained or under custodial
investigation under following rights under RA 7438 and RA 9745 in the language or dialect known to and
understood by him/her; that
 If he/she cannot afford one, he/she shall be provided by a competent and independent doctor lo conduct
physical examination.
 The state shall in devour to provide him/her with psychological evaluation if available under the
circumstances (RA 9745) Sec. 12
 He/she, including his/her Immediate family, have the right to Immediate access lo proper and adequate
medical treatment
 He/she has the right to be informed of such right.
  If the person arrested, detained or under custodial investigation opted to give his sworn statement (Annex"PP), the
arresting officer or the investigator, as the case may be, must be reduce it in writing and in the presence of his/her
counsel;
 The arresting officer must ensure that, before sworn statement is signed, or thumb mark, if there inability to read
and to write, the document shall be adequate read and explained to the person arrested, detained of under
custodial investigation by his/her counsel of choice,
 The arresting officer or the investigator, as the case may be, must ensure the extra judicial confession made by a
person arrested, detained or under custodial investigation shall be:

 IN WRITING

 Signed by such person In the presence of his/her counsel; or

 In the latter absence, upon a valid waiver, and in the presence of any parents, elder brothers and
sisters, his/her spouse, municipal mayor, the municipal judge, district school supervisor, priest, imam. or
religious minister chosen by him/her

 Failure of the arresting officer, investigator as the case may be to observed the above mentioned
procedures shall render the extra judicial confession

 Inadmissible as evidence in any proceedings; and

 The arresting officer, or the investigator, as the case may be, must. Established regulations, allow the person
arrested, detained or under custodial investigation visits by or by conferences by any member of his/her
immediate family, any medical doctor, priest, imam or religious minister chosen by him/her counsel, or by any local
NGO duly accredited by CHR or by any international NGO duly accredited by the office of the president. Him/her
"immediate family” shall include his spouse, parents of child, brother or sisters, Grandparents or grandchild, uncle or
aunt, nephew or niece, Guardian or ward, and fiancé (RA 7438 Sec.2 )

PERSON UNDER POLICE CUSTODY (PUPC)

The following are the policies and procedure in the admission, visitation, transfers and released of PUPC (PNP
Memorandum Circular 2018-027)

ADMISSION- the pertinent date of the PUPC shall be encoded in the E-Rouges and other NGIS (Next Generation
Investigation Solutions) as applicable

 Accused covered by a Warrant of Arrest or by a Commitment Order sued by the court; and
 Arrested suspect who are under custodial investigation. However, under no circumstance should the
arrested suspect under custodial investigation be held in custodial facilities beyond the prescribed
reglementary period, unless, while in custody, appropriate charges has been filed and Commitment order
issued by the court concern or he/she signed the required waiver under Art. 125 of the RPC.

Requirement for admission

 In the situation where the arresting police unit has no existing custodial facilities
 They may request admission of the PUPC to another police unit, provided that they submit the following mandatory
requirements:
A. Request for custody or Commitment order
B. PROOF of medical examination or medical certificate of the PUPC; and
C. Case folder of PUPC containing, among others, the accomplished booking sheet.

Segregation of PUPC

- Segregation according to the gender and classification of the committed by PUPC shall be observed.

VISITATION

Visitorial rights of a PUPC shall be subject to the following condition;

A. Security rules and regulations of the facility such as but not limited:
1. The number of visitors at any given time
2. Non-wearing of similar color with the PUPC's uniform: and
3. Prohibition on the use or possession of cameras, video equipment, cellular
B. Presentation of public and/or pertinent documents to prove relationship:
C. Prohibition of Conjugal Visits

TRANSFERS OF CUSTODY

A. Upon receipt of the Commitment Order from the court, the Chief, Custodial Facility shall coordinate with the
issuing court to ascertain the validity of the order. Upon confirmation, he/she, must coordinate with the receiving
detention facility for the immediate transfer of custody; and
B. Prior to the transfer, the PUPC shall be subjected for medical and physical examination by PNP medical officer, or
his/her absence, any government physician.
RELEASED

A. The Chief, Custodial Facility shall be the sole approving authority in the releasing the PUPC.
B. Upon receipt of the released order from the court, the Chief Custodial facility shall coordinate with the Issuing
court to ascertain the validity of the order. Upon confirmation, he/she must coordinate with the arresting unit if
there are another legal impediments to the release.
C. The Chief Custodial Facility shall likewise check from the PNP e-warrant system to determine if the PUPC to be
released has no other pending warrants of arrest.
D. If there's a valid ground for continuous detention, the Chief Custodial Facility shall inform and coordinate with the
court that issued release order immediately or within five days from notice.
E. Prior to the official release of the PUPC, he/she, must undergo another medical examination at any PNP health
service unit or Rural Health unit.
F. The Chief, Custodial Facility shall coordinate with the arresting officer for the release of all properties seized from
PUPC, except those items still being used as evidence and forfeited in favor of the government.

TRANSPORTING OF PUPC

1. The PUPC must property escorted and handcuffed at all times and seated/postioned in the vehicle in the manner
that prevents his/her escape and deny him/her the opportunity to endanger the Ives of PNP personnel, Female
PUPC shall be escorted by a police woman
2. The transport of PUPC shall be done using official PNP vehicles other vehicles may be utilized subject for the
approval of the head or the concerned unit
3. PUPC's shall as much possible transported wearing PUPC's uniform or proper attire that may identify them as PUPC;
4. Transport of PUPC shall be limited only to the following;

A. To the proper office for inquest; or court for hearing

B. To the nearest hospital/clinic in case of mandatory medical examination or during actual medical
emergency:
C. To the designated evaluation evacuation area exclusive for PUPC's during crisis situation