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Overview of Correctional Administration

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27 views52 pages

Overview of Correctional Administration

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Leech Esc
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Correction

F. Administration

Institutional Correction (Penal Management)


Non-Institutional Correction
(Community-Based Correction)
Therapeutic Modalities
Institutional Corrections 440
Supremos Review & Training Center

INSTITUTIONAL CORRECTIONS Ancient Forms of Punishment:


[Penal Management]
---o0o--- 1) Death Penalty – effected by burning, beheading,
hanging, breaking at the wheels, pillory, and other
CORRECTION forms of medieval executions.
2) Physical torture – effected by maiming, mutilation,
The branch of the administration of Criminal Justice whipping, and other inhumane or barbaric forms of
that is responsible for the custody, supervision, and inflicting pain.
rehabilitation of convicted offenders. The dual purposes of 3) Social Degradation – putting the offender into shame
Correction are: (1) to punish, and (2) to rehabilitate the or humiliation.
offender. A branch of the criminal justice system 4) Banishment or Exile – the sending or putting away of
concerned with criminal offenders' custody, supervision, an offender which was carried out either by prohibition
and rehabilitation. against coming into a specified territory such as an
island to where the offender has been removed.
FORMS OF CORRECTIONS: 5) Other similar forms of punishment like transportation
and slavery.
1) Institutionalized Correction – The rehabilitation of
offenders inside jail or in prison. Early Forms of Prison Discipline:

2) Non-institutionalized Correction (Community-Based 1) Hard Labor- productive work.


Correction) – Refers to correctional programs that 2) Deprivation – deprivation of everything except the
may take place outside jail/ prison. They are in the essentials of existence.
forms of Probation, Parole, Conditional Pardon, 3) Monotomy –giving the same food that is “off” diet, or
Community Service, and Intervention and Diversion requiring the prisoners to perform a dull daily routine.
Programs on CICLs. 4) Uniformity – “We treat the prisoners alike”, “the fault of
one is the fault of all”.
PENOLOGY 5) Mass movement – mass living in cellblocks, mass
eating, mass recreation, mass bathing.
A term derived from the Latin word “poena” which 6) Degradation – uttering insulting words or language on
means punishment and the Greek suffix “logia” which the part of prison staff to the prisoners to degrade or
means study thus it means study of punishment. Penology break the confidence of prisoners.
is also otherwise known as Penal Science. It is a division of 7) Corporal Punishment – imposing brutal punishment or
criminology that deals with prison management and the employment of physical force to intimidate a
treatment of offenders and concerns itself with the delinquent inmate.
philosophy and practice of society in its efforts to repress 8) Isolation or Solitary Confinement – non-
criminal activities. communication limited news, “the lone wolf”.

It is concerned with the effectiveness of those social Contemporary Forms of Punishment:


processes devised and adopted for the prevention of crime,
via the repression or inhibition of criminal intent via the 1) Imprisonment. This entails placing the offender in
fear of punishment. The study of penology therefore deals prison to protect the public against criminal activities
with the treatment of prisoners and the subsequent and at the same time rehabilitating the prisoners by
rehabilitation of convicted criminals. requiring them, to undergo institutional treatment
programs.
PENAL MANAGEMENT 2) Parole. A conditional release of a prisoner after
serving part of his/her sentence in prison to gradually
The manner or practice of managing or controlling re-introduce him/her to a free life under the guidance
places of confinement as in jails or prisons. and supervision of a parole officer.
3) Probation. A disposition whereby a defendant after
PENOLOGY VS. CORRECTIONS conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to
The term "penology" was changed to "corrections", the conditions imposed by the releasing court and
driven by a new philosophy emphasizing rehabilitation. It under the supervision of a probation officer.
was accompanied by concrete changes in some prisons, 4) Fine. An amount is given as compensation for a
like giving more privileges to inmates and attempting to criminal act as provided by law.
instill a more communal atmosphere. 5) Destierro. The penalty of banishing a person from the
place where he committed a crime. It has a prohibitory
RIVAL PRISON SYSTEMS IN THE HISTORY OF radius of 25km to 250km within the period of 6 months
CORRECTION: 1 day to 6 years.
6) Community Service. It may be imposed in place of
1) THE AUBURN PRISON SYSTEM – This prison system is Arresto Menor/ Arresto Mayor (RA No. 11362).
called the “Congregate System”. The prisoners are 7) Intervention and Diversion Programs, and Suspended
confined in their cells during the night and congregate Sentence on CICLs (RA 9344).
work in shops during the day. Complete silence was
enforced. Theories of Punishment/ Justifications of Punishment:

2) THE PENNSYLVANIA PRISON SYSTEM – The prison 1) Retribution – The punishment is provided by the state
system is called the “Solitary System”. Prisoners were whose law was violated. Offenders are punished
confined in single cells day and night where they lived, according to their crimes.
slept, ate, and received religious instructions. 2) Expiation or Atonement – A punishment in the form of
Complete Silence was also enforced. They are group vengeance where the purpose is to appease the
required to read the Bible. offended public or group.
3) Deterrence – Punishment gives a lesson to the
offender by showing to others what will happen to
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Institutional Corrections 441
Supremos Review & Training Center

them if they violate the law. Punishment is imposed to criminal offense or convicted and serving in a penal
warn potential offenders that they cannot afford to do institution.
what the offender has done.
4) Incapacitation and Protection – the public will be General Classification of Prisoners:
protected if the offender has been held in conditions
where he cannot harm others, especially the public. 1) Detention Prisoner- Those detained for investigation,
Punishment is effected by placing offenders in prison preliminary hearing, or awaiting trial. A detainee in a
so that society will be ensured from further criminal look-up jail. They are prisoners under the jurisdiction
depredations of criminals. of Courts.
5) Reformation or Rehabilitation- The establishment of 2) Sentenced Prisoners – Offenders who are committed
the usefulness and responsibility of the offender. to jail or prison to serve their sentence after final
Society’s interest can be better served by helping the conviction by competent courts. They are prisoners
prisoner to become a law-abiding citizen and under the jurisdiction of penal institutions.
productive upon his return to the community by
requiring him to undergo an intensive program of 3) Prisoners Who Are On Safekeeping - Includes non-
rehabilitation in prison. criminal offenders who are detained to protect the
community against their harmful behavior. Ex.
What is PENALTY? Mentally deranged individuals, insane people.

It is defined as the suffering inflicted by the state Classification of Sentenced Prisoners: (PD No. 29)
against an offending member for transgression of law.
1) Insular or National Prisoners – Those sentenced to
Juridical Conditions of Penalty: suffer a term of sentence of 3 years and 1 day to life
imprisonment. Those sentenced to suffer a term of
1. Productive of suffering – without however affecting the imprisonment cited above appealed the judgment and
integrity of the human personality. were unable to file a bond for their temporary liberty.
2. Commensurate with the offense crimes must be 2) Provincial Prisoners – Those persons sentenced to
punished with different penalties (Art. 25, RPC). suffer a term of imprisonment from 6 months and 1 day
3. Personal- the guilty one must be the one to be to 3 years or of a fine not more than 1,000 pesos, or
punished, no proxy. both; Or, those detained therein waiting for preliminary
4. Legal- the consequence must be by the law. investigation of their cases cognizable by the RTC.
5. Equal- equal for all persons. 3) City Prisoners – those sentenced to suffer a term of
6. Certain- no one must escape its effects imprisonment from 1 day to 3 years or a fine of not
7. Correctional- changes the attitude of offenders and more than 1,000 pesos or both. Those detained therein
become law-abiding citizens. whose cases are filed with the MTC. Those detained
therein whose cases are cognizable by the RTC and
Penalties as to Gravity: under Preliminary investigation.
4) Municipal Prisoners – Those confined in Municipal jails
1. Death Penalty – Capital punishment to serve imprisonment from 1 day to 6 months. Those
2. Life Imprisonment - Lifetime detained therein whose trials of their cases are
3. Reclusion Perpetua – 20 years 1 day to 40 years pending with the MTC.
imprisonment
4. Reclusion Temporal- 12 years and 1 day to 20 years Classification of Prisoners According to Degree of Security:
imprisonment
5. Prision Mayor – 6 years and 1 day to 12 years A special group of prisoners composed of
6. Prision Correctional – 6 months and 1 day to 6 years incorrigible, attractable, and highly dangerous persons
7. Destierro - 6 months and 1 day to 6 years who are the source of constant disturbances even in
8. Arresto Mayor – 1 month and 1 day to 6 months maximum-security prisons. They rear orange color of
9. Arresto Menor – I day to 30 days uniform.
10. Community Service – Instead of Arresto Menor/
Arresto Mayor + mandatory counseling (RA 11362) 1) Maximum Security Prisoners. It is the group of
11. Bond to Keep the Peace- Discretionary on the part of prisoners whose escape could be dangerous to the
the court. Imposed in the crime of threat public or the security of the state. It consists of
constant troublemakers but is not as dangerous as the
What is a PRISON? super maximum-security prisoners. Their movements
are restricted, and they are not allowed to work
It is a penitentiary for the imprisonment outside the institution but rather assigned to industrial
(incarceration) of persons convicted of major/serious shops within the prison compound. They are confined
crimes. A building, usually with cells, or other places at the Maximum-Security Prison (NBP Main Building),
established to take safe custody or confinement of and they wear the orange color of the uniform.
criminals. A place of confinement for those charged with or Prisoners include those sentenced to serve a sentence
convicted of offenses against the laws of the land. of 20 years or more or those whose sentences are
under the review of the Supreme Court. Offenders who
Who is a PRISONER? are criminally insane have severe personality or
emotional disorders that make them dangerous to
A prisoner is a person who is under the custody of fellow offenders or staff members. Uniform color –
lawful authority. A person who, because of his criminal Tangerine/ Orange
sentence or by a decision issued by a court, may be
deprived of his liberty or freedom. A prisoner is any person
detained/ confined in jail or prison for the commission of a

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Institutional Corrections 442
Supremos Review & Training Center

2) Medium Security Prisoners. Those who cannot be strictly applied and most aspect of behavior is
trusted in open conditions pose lesser danger than regulated.
maximum-security prisoners in case they escape. It
consists of groups of prisoners who may be allowed to 4. Rehabilitation Model, security, and housekeeping
work outside the fence or walls of the penal institution activities are viewed primarily as a framework for
under guards or with escorts. They occupy the Medium rehabilitative efforts. Professional treatment
Security Prison Camp Sampaguita) and they wear blue specialist enjoys a higher status than employees,
color of uniforms. Generally, they are employed as under the idea that all aspects of prison management
agricultural workers. It includes prisoners whose should be directed towards rehabilitation with the
minimum sentence is less than 20 years and life- rethinking of the goal of the rehabilitation.
sentenced prisoners who served at least 10 years
inside a maximum-security prison. Uniform color – 5. The Reintegration Model is linked to the structures and
Blue. goals of community corrections but has a direct impact
on prison operations. Although an offender is confined
3) Minimum Security Prisoners. It is a group of prisoners in prison, that experience is pointed toward
who can be reasonably trusted to serve a sentence reintegration into society. This kind of treatment
under “open conditions”. This group includes prisoners gradually gives inmates greater freedom and
who can be trusted to report to their work responsibility during their confinement and moves
assignments without the presence of a guard. They them into a halfway house, work release programs, or
occupy the Maximum-Security Prison (Camp Bukang community correctional center before releasing them
Liwayway) and wear brown color uniforms. Uniform to supervision. Consistent with the perspective of
color – Brown. community corrections, this model is based on the
assumption that the offender needs to maintain or
What is a JAIL? develop ties with free society the entire focus of this
approach is on the resumption of a normal life (Clear
It is a place for locking –up of persons who are and Cole, 1986).
convicted of minor offenses or felonies who are to serve a
short sentence imposed upon them by a competent court, 6. Total Institution- “The prison, like other total
or for confinement of persons who are awaiting trial or institutions, is a place of residence and work where a
investigation of their cases. large number of like-situated individuals, cut off from
wider society for an appreciable period, together lead
Types of Jails: an enclosed, formally administered round of life”. A
total institution is one that completely encapsulates
1) Lock-up Jails – A security facility, common to police the lives of the people who work and live there. Prison
stations, used for temporary confinement of an must be such an institution in the sense that whatever
individual held for investigation. prisoners do or do not do begins and ends there; every
minute behind bars must be lived by the rules as
2) Ordinary Jails – The type of jail commonly used to enforced by the staff.
detain a convicted criminal offender to serve a
sentence of less than three years. CORRECTIONAL INSTITUTIONS:

3) Workhouses, Jail Farms, or Camp – A facility that Government agencies that are in charge of
houses minimum custody offenders who are serving institutional corrections are as follows:
short sentences or those who are undergoing
constructive work programs. It provides full 1) Bureau of Corrections (BuCor) – Under the DOJ. It runs
employment of prisoners, remedial services, and national penitentiaries such as New Bilibid Prison
constructive leisure time activities. (NBP) and Correctional Institute for Women (CIW) and
different penal farms in the country.
Models of Criminal Treatment:
2) Bureau of Jail Management & Penology (BJMP). Under
1. Control Model of prison management, which the DILG. It operates district jails throughout the
emphasizes prisoner obedience, work, and education country. District jails are utilized for detention of PDLs
(Sahara, 1988) and service of short sentences not exceeding 3 years
imprisonment.
2. Responsibility Model of prison management that
stresses prisoners’ responsibility for their actions, not 3) Provincial/ City Jails. Under the supervision of the
administrative control to ensure prescribed behavior. Local Government Units (LGUs). Like the BJMP, it
Proper classification of mates, according to this model, houses PDLs who are undergoing trial and service of
permits placing prisoners in the least restrictive short sentences not exceeding 3 years imprisonment.
prison consistent with security, safety, and humane
confinement. Prisoners should be given a significant 4) Youth Rehabilitation Centers. Under the Department of
degree of freedom and the held to account for their Social Welfare and Development (DSWD). It houses
actions Sahara (1988). Children in conflict with the Laws (CICLs).

3. Custodian Model, based on the assumption that 5) Drug Rehabilitation Centers. Supervised by the
prisoners have been incarcerated for the protection of Department of Health (DOH). It houses drug
society and the purpose of incapacitation, deterrence, dependents or those convicted of the use of dangerous
and retribution. It emphasizes the maintenance of drugs.
security and order through the subordination of the
prisoner to the authority of the warden. Discipline is

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THE BUREAU OF CORRECTIONS Iwahig Prison and Penal Farm

✓ Situated in Puerto Princesa, Palawan, Region IV-B


“Kawanihan ng mga Bilangguan”, literally "Bureau of
✓ Established on November 16, 1904, through the Orders
Prisons", which is its former name. An agency of
of Gov. Forbes.
the DOJ charged with the custody and rehabilitation of
✓ Act No. 1723 was passed in 1907 classifying it as a penal
national offenders, who have been sentenced to three
farm
years of imprisonment or more.
✓ Known as a prison without a wall
✓ Tagumpay Settlement - 1,000 Hectares
Mandate and Functions:
✓ Sub-Colonies:
o Sta Lucia- 9,685 hectares;
The BUREAU OF CORRECTIONS is an agency under
o Inagawan - 13,000 hectares.
the Department of Justice that is charged with the custody
o Central - 14,700 hectares;
and rehabilitation of national offenders, that is, those
o Montible - 8,000 hectares
sentenced to serve a term of imprisonment of more than
three (3) years. To carry out its mandate, the Bureau
New Bilibid Prison
undertakes the following:
✓ Situated in Muntinlupa, Metro Manila
1) Confine persons convicted by the courts to serve a
✓ The Old Bilibid Prison or “Carcel y Presidio
sentence in national prisons.
Correccional” is located at May Haligue Estate, Manila
2) Keep prisoners from committing crimes while in
now utilized as the Manila City Jail
custody.
✓ The Old and New Bilibid Prisons were used as
3) Provide humane treatment by supplying the inmates
prisoner-of-war (POW) camps during WWII.
with basic needs and implementing a variety of
✓ Utilized for men national prisoners.
rehabilitation programs designed to change their
✓ It maintains two camps:
pattern of criminal or anti-social behavior.
4) Engage in agro-industrial projects to develop prison
o Camp Bukang Liwayway. It houses minimum
lands and resources into productive bases or profit
security prisoners
centers, develop and employ inmate manpower skills
o Camp Sampaguita. It houses medium security
and labor, provide prisoners with a source of income,
prisoners.
and augment the Bureau's yearly appropriations.
Davao Prison and Penal Farm
Mission: Effective safekeeping and rehabilitation of national
prisoners.
✓ Situated in Davao Del Norte, Region XI
✓ Established on January 21, 1932
Vision: Improved national prisons conducive to the
✓ It has a land area of 30,000 hectares, with a prison
reformation and rehabilitation of inmates that will bring
reservation of 8,000
them back into the mainstream of society as useful citizens
✓ Tagum Development Company (TADECO) leased about
of the country.
3, 000-hectare and used it as a banana plantation.
Organization
✓ Sub-colonies:
Headed by a Director, the BuCor has an authorized
o Panabo
strength of 2,362 employees, 61% of whom are custodial
o Kapalong
officers, 33% are administrative personnel and 6% are
o Tanglaw settlement
members of the medical staff.
Sablayan Prison and Penal Farms
The agency has seven (7) operating units located
nationwide, namely:
✓ Situated in Sablayan Occidental, Mindoro, Region IV-B
✓ Established on September 26, 1954, by Presidential
1) The New Bilibid Prison in Muntinlupa City;
Proclamation No. 72,
2) The Correctional Institution for Women (CIW) in
✓ It has a total land area of approximately 16,190
Mandaluyong City;
hectares.
3) Iwahig Prison and Penal Farm in Puerto Princesa City,
✓ Four sub-colonies
Palawan;
o Central
4) Sablayan Prison and Penal Farm in Occidental
o Pusog
Mindoro;
o Pasugui
5) San Ramon Prison and Penal Farm in Zamboanga City;
o Yapang
6) Leyte Regional Prison in Abuyog, Leyte; and
7) Davao Prison and Penal Farm in Panabo, Davao
Leyte Regional Prison –
Province.
✓ Situated in Abuyog, Southern Leyte, Region 8
San Ramon Prison and Penal Farm.
✓ Established by Presidential Decree No. 28 enacted on
Oct. 25, 1972
✓ It was named after RAMON BLANCO.
✓ Proclamation No. 1101 reserved a parcel of land in
✓ Situated in Zamboanga City, Region IX
Barrio Combis, Abuyog, Leyte as a site for a Regional
✓ Established on August 18, 1870
Prison.
✓ Oldest penal colony in the Phils.
✓ Built for Muslim rebels and Political Prisoners.
✓ Main produced: Copra

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Correctional Institute for Women 6. Corrections Officer 2 (Corporal)


7. Corrections Officer 1 (Private)
✓ Situated in Mandaluyong City, MM
✓ Opened on February 14, 1931, on an 18-hectare
property. BUREAU OF CORRECTIONS ACT
✓ It houses female prisoners only. OF 2013 (R.A. No. 10575)
✓ Act No. 3579 was passed on Nov. 27, 1929,
appropriating funds for the construction of buildings Mandates:
for women prisoners, now the CIW.
Safekeeping and instituting reformation programs
for national inmates sentenced to more than three (3)
THE LOGO years.

It represents the government agency's mandate, the Operations:


rehabilitation of inmates. The logo focuses on the man in
prison as the main concern of rehabilitation. It presents a It shall undertake the reception of inmates through
man behind bars, who looks outwards with the hope of its Directorate for Reception and Diagnostics (DRD),
rejoining the free community. The rays of the sun and the provide basic needs and security through its Security and
color green are symbolic of hope. The color orange is Operations Directorates, administer reformation programs
symbolic of happiness. The bar of justice represents the through its Reformation Directorates, and prepare inmates
justice system. for reintegration into mainstream society through its
Directorate for External Relations (DER).

The Custodial Force and Reformation Personnel of


respective security institutions/camps shall be in charge
for the security and the implementation of the
recommended inmate reformation program of each and
every inmate while serving sentence, respectively.

The DER shall be responsible for pre-release and


post-release programs of inmates due for release. It shall
also classify inmates according to skills acquired for
Seven Operating Units: referral and endorsement to appropriate companies or
corporations participating in the BuCor.
1. New Bilibid Prison – Muntinlupa City
2. Correctional Institution for Women – Mandaluyong
City and at Panabo, Davao Supervision of the Bureau of Corrections:
3. Iwahig Prison and Penal Farm - Puerto Princesa
City, Palawan The Department of Justice (DOJ), shall maintain a
4. Sablayan Prison and Penal Farm – Occidental Mindoro relationship of administrative supervision with the latter as
5. San Ramon Prison and Penal Farm – Zamboanga City defined under Section 38(2), Chapter 7, Book IV of
6. Leyte Regional Prison – Abuyog, Leyte Executive Order No. 292 (Administrative Code of 1987),
7. Davao Prison and Penal Farm – Panabo, Davao except that the DOJ shall retain authority over the power to
review, reverse, revise or modify the decisions of the
BuCor in the exercise of its regulatory or quasi-judicial
RANKS functions.

COMMISSIONED OFFICERS: Organization and Key Positions:

1. Corrections Director General (USec.) – 4star The BuCor shall be headed by a Director who shall
2. Corrections Deputy Director General for be assisted by three (3) Deputy Directors: one (1) for
Administration (ASec.) – 3 star administration, one (1) for security and operations and one
3. Corrections Deputy Director General for Security and (1) for reformation, all of whom shall be appointed by the
Operations (ASec.) – 3 star President upon the recommendation of the Secretary of the
4. Corrections Deputy Director General for Reformation DOJ: Provided, That the Director and the Deputy Directors
(ASec.) – 3 star of the BuCor shall serve a tour of duty not to exceed six (6)
5. Corrections Chief Superintendent (Brig. General) years from the date of appointment.
6. Corrections Senior Superintendent (Colonel)
7. Corrections Superintendent (Lt. Col.) The Head of the BuCor, with the rank of
8. Corrections Chief Inspector (Major) Undersecretary, shall have the position and title of Director
9. Corrections Senior Inspector (Captain) General of Corrections. The second officers in command of
10. Corrections Inspector (Lieutenant) the BuCor, with the rank of Assistant Secretary, shall have
the position and title of Deputy Directors of Corrections.
NON- COMMISSIONED OFFICERS: The third officer in command of the BuCor, with the rank of
Chief Superintendent, shall have the position and title of
1. Corrections Senior Officer 4 (Executive Master Corrections Chief Superintendent. The fourth officer in
Sergeant) command of the BuCor, with the rank of Senior
2. Corrections Senior Officer 3 (Chief Master Sergeant) Superintendent, shall have the position and title of
3. Corrections Senior Officer 2 (Senior Master Sergeant) Corrections Senior Superintendent. The fifth officer in
4. Corrections Senior Officer 1 (Master Sergeant) command of the BuCor, with the rank of Superintendent,
5. Corrections Officer 3 (Staff Sergeant)

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shall have the position and title of Corrections • Regional Superintendent – Should have the rank of
Superintendent. Senior Superintendent or Chief Superintendent,
Increase of Personnel:
Provided, further, That in prison and penal farms
The BuCor shall maintain the custodial personnel- with an inmate population of over five thousand (5,000),
to-inmate ratio of 1:7 and reformation personnel-to-inmate the Regional Superintendent shall have the rank and
ratio of 1:24. Hence, it is authorized to increase its qualification of a Chief Superintendent.
manpower to meet such ratio and may continue to increase
personnel per percentage rate increase of committed ATTRITION SYSTEM:
inmates annually or as the need arises.
1. Attrition by Demotion in Position or Rank. Any
Professionalization and Upgrading of Qualification personnel who is relieved and assigned to a position
Standards: lower than what is established for the grade in the
respective staffing pattern, and who shall not be
Minimum qualifications: assigned to a position commensurate to one’s grade
within two (2) years after such demotion in position
1. Filipino citizen; shall be separated or retired from the service;
2. Good moral character;
3. Passed the psychiatric/psychological, drug, and 2. Attrition by Non-Promotion. Any personnel who have
physical tests; not been promoted for a continuous period of ten (10)
4. Baccalaureate degree holder; years shall be separated or retired from the service,
5. Civil service eligible; except for those who are occupying a third-level
6. Not dishonorably discharged or dismissed; position;
7. Not convicted of a crime involving moral turpitude;
and 3. Attrition by Other Means. Any personnel with at least
8. At least one meter and sixty-two centimeters (1.62 m.) five (5) years of accumulated active service shall be
in height for males, and one meter and fifty-seven separated from the service based on any of the
centimeters (1.57 m.) for females except IPs; following factors:
9. That a new applicant must not be less than twenty-
one (21) or more than forty (40) years of age. a. Inefficiency based on poor performance during
the last two (2) successive semestral rating
Corrections Training Institute – It serves as the BUCOR periods;
personnel training school patterned after the BJMP’s Jail b. Inefficiency based on poor performance for three
National Training Institute (JNTI), the Bureau of Fire’s Fire (3) cumulative semestral rating periods;
National Training Institute (FNTI) and the PNP’s National c. Physical and/or mental incapacity to perform
Training Institute (PNTI). one’s duties and functions;
d. Failure to complete the required career courses
Appointment of Personnel to the BuCor: and/or appropriate civil service eligibility for
his/her position except for justifiable cause or
• Corrections Officer I to Corrections Chief reason; and
Superintendent – Appointed by the Director General of
Corrections, and attested by the Civil Service ❖ Any personnel who are dismissed from the BuCor
Commission (CSC); pursuant to the above-enumerated principles shall be
separated if one has rendered less than twenty (20)
• Director General of Corrections and Deputy Director of years of service and be retired if one has rendered at
Corrections – Appointed by the President upon the least twenty (20) years of service unless the
recommendation of the Secretary of the DOJ, with the concerned personnel is disqualified by law to receive
proper endorsement by the Chairman of the CSC. such benefits.

Lateral Entry of Officer into the BuCor: Rationalized Promotion System:

• Inspector – civil engineers, mechanical engineers, The system of promotion shall be based on merit
electrical engineers, chemical engineers, chemists, and the availability of vacant ranks in the BuCor staffing
architects, criminologists, certified public accountants, pattern.
nurses, physical therapists, dentists, social workers,
psychologists, sociologists, guidance counselors, and Retirement:
teachers.
Upon compulsory retirement, any custodial officer
• Senior Inspector – Doctors of Medicine, members of from the rank of Corrections Chief Superintendent and
the Philippine Bar, and chaplains shall be appointed to below shall be entitled to retirement benefits computed
the rank of Corrections Senior Inspector in their based on one grade higher than the position last
particular technical service. held: Provided, That the retirement pay shall be subject to
adjustment/s based on the prevailing scale of base pay of
Qualification Standards: the uniformed personnel in the active service.

• Sub-Colony Supervisor – Should have the rank of


Senior Inspector,
• Colony Assistant Superintendent – Should have the
rank of Chief Inspector,
• Colony Superintendent – Should have the rank of
Superintendent,

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BUREAU OF JAIL MANAGEMENT AND PENOLOGY REPUBLIC ACT NO. 9263


BFP and BJMP
It is an attached agency of the Department of the Professionalization Act of 2004.
Interior and Local Government mandated to direct,
supervise, and control the administration and operation of Organization and Key Positions:
all district, city, and municipal jails in the Philippines with
pronged tasks of safekeeping and development of its Headed by a Chief who shall be assisted by two (2)
inmates, officially classed as persons deprived of liberty deputy chiefs, one (1) for administration and one (1) for
(PDL). operations, all of whom shall be appointed by the President
upon recommendation of the Secretary of the DILG from
Operations among the qualified officers with at least the rank of senior
superintendent in the service:
The Jail Bureau, pursuant to Secs. 60 to 65, Chapter
V, RA No. 6975 amended by RA No. 9263 (BFP & BJMP a) In no case shall any officer who has retired or is
Professionalization Act of 2004), is headed by a Chief who retirable within six (6) months from his/her
is assisted by two Deputy Chiefs, one for Administration compulsory retirement age be appointed as Chief of
and another for Operations, and one Chief of Directorial the Fire Bureau or Chief of the Jail Bureau, as the case
Staff, all of whom are appointed by the President upon the may be,
recommendation of the Secretary of the Interior and Local b) The Chief of the Bureau shall serve a tour of duty not
Government from among the qualified officers with the to exceed four (4) years:
rank of at least Senior Superintendent in the Jail Bureau. c) In times of war or other national emergency declared
The Chief of the Jail Bureau carries the rank of Director and by Congress, the President may extend such tour of
serves a tour of duty that must not exceed four years duty.
unless extended by the President in times of war and other
national emergencies. The Head of BJMP with the rank of director shall
have the position title of Chief. The 2nd officer in command
The Jail Bureau operates and maintains Regional with the rank of chief superintendent shall have the
Offices in each of the administrative regions of the country, position title of Deputy Chief. The 3rd officer in command
headed by a Regional Director with the rank of at least with the rank of chief superintendent shall have the
Senior Superintendent. The Regional Director is assisted by position title of Deputy Chief for Operation. The 4th officer in
an Assistant Regional Director for Administration, command with the rank of chief superintendent shall have
Assistant Regional Director for Operations, and Regional the respective position title of Chief of Directorial Staff, who
Chief of Directorial Staff, who are all officers with the rank shall be assisted by the directors of the directorates in the
of at least Superintendent. respective national headquarters office with at least the
rank of senior superintendent.
In every province, the Jail Bureau operates and
maintains a Provincial Jail Administrator's Office headed by The BJMP shall establish, operate, and maintain
a Provincial Administrator, who oversees the their respective regional offices in each of the
implementation of jail services of all district, city and administrative regions of the country which shall be
municipal jails within its territorial jurisdiction. In large respectively headed by a Regional Director for Fire
cities or a group of clustered municipalities, a District Jail Protection and a Regional Director of Jail Management and
headed by a District Warden may be established. The City Penology with the rank of senior superintendent. He/ she
and Municipal Jails, each headed by a City or Municipal shall be respectively assisted by the following officers with
Warden. the rank of superintendent: Assistant Regional Director for
Administration, Assistant Regional Director for Operations,
Rank Classification of the BJMP: and Regional Chief of Directorial Staff.

Rank Position/Title Appointing Qualification Standards:


Authority
a) A citizen of the Republic of the Philippines;
b) A person of good moral character;
Director Chief of the BJMP Sec. of DILG
c) Must have passed the psychiatric/psychological, drug,
and physical test to determine his/her physical and
C/Supt Asst. Regional Dir. Same mental health;
d) Must possess a baccalaureate degree from a
Sr. Supt. Asst. Regional Dir. Same recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
Supt. Asst. Regional Dir Same f) Must not have been dishonorably discharged of
dismissal for cause from previous employment;
Chief Insp. Warden Under g) Must not have been convicted by final judgement of an
Secretary offense or crime involving moral turpitude;
h) Must be at least one meter and sixty-two centimeters
Sn.Insp. Warden Same (1.62 m.) in height for male, and one meter and fifty-
seven centimeters (1.57 m.) for female: Provided, That
Inspector Warden Same a waiver for height and age requirement \s shall be
automatically granted to applicants belonging to the
cultural communities; and
JO1 to SJO4 Jail guards Chief, BJMP
i) Must weight not more or less than five kilograms (5
kgs.) from the standard weight corresponding to
his/her height, age and sex;

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j) Must be less than twenty-one (21) nor more than thirty 3) District Jail Warden, Provincial Jail Administrator,
(30) years of age: Assistant Regional Director for Administration,
Assistant Regional Director for Operations and
❖ The above–enumerated qualifications shall be Regional Chief of Directorial Staff. –
continuing in character (except age) and an absence of
any one of them at any given time shall be grounds for Should have the rank of senior superintendent, who
separation or retirement from the service. Non- must be a graduate of Bachelor of Laws or a holder
compliance may result in (1) retirement, if at least 50 of a master's degree, and must satisfactorily pass the
years old and served at least 20 years; Or (2) necessary training or career courses for such
separation, if less than 50 years and served less than position as may be established by the Jail bureau;
20 years.
4) Regional Director for Jail Management and Penology
Appointment of Uniformed Personnel to the BFP and the and Director of the Directorate of the National
BJMP. Headquarters Office. –

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Should have the rank of senior superintendent, who
Appointed by the respective Regional Director for the must be a graduate of Bachelor of Laws or a holder
regional office, and attested by the Civil Service of a master's degree, and must satisfactorily pass the
Commission (CSC); necessary training or career courses for such
position as may be established by the Jail bureau;
b) "Fire/Jail Inspector to Fire/Jail Superintendent. –
Appointed by the respective Bureau Chief, as 5) Deputy Chief for Administration of the Jail Bureau,
recommended by their immediate superiors, and Deputy Chief for Operations of the Jail Bureau, and
attested by the CSC; Chief of Directorial Staff of the Jail Bureau. – Should
have the rank of senior superintendent, who must be
c) Fire/Jail Senior Superintendent. – Appointed by the a member of the Philippine Bar or a holder of a
Secretary of the DILG upon recommendation of the master's degree, and must satisfactorily pass the
Bureau Chief, with the proper attestation of the CSC; necessary training or career courses for such
and position as may be established by the Jail bureau; and

d) Fire/ Jail Chief Superintendent. To Fire/Jail Director. – 6) Chief of the Jail Bureau. – Should have the rank of
Appointed by the President upon recommendation of director, who must be a member of the Philippine Bar
the Secretary of the DILG, with the proper or a holder of a master's degree and must
endorsement by the Chairman of the CSC. satisfactorily pass the necessary training or career
courses for such position as may be established by
Lateral Entry of Officer into the BJMP. – the Jail bureau.

All original appointments of officers shall Attrition System for the Uniformed Personnel. –
commence the rank of inspector. It shall include highly
specialized qualifications such as, but not limited to, social 1) Attrition by Demotion in Position or Rank. – Any
workers, psychologists, teachers, nurses, dentists, and uniformed personnel who is relieved and assigned to
engineers. a position lower than that is established for his/her
grade in the respective staffing pattern, and who shall
Doctor of Medicine, members of the Philippine Bar, not be assigned to a position commensurate to his/her
and chaplains shall be appointed to the rank of senior grade within two (2) years after such demotion in
inspector in their technical service. Graduates of the position shall be separated or retired from the service;
Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of inspector. 2) Attrition by Non-Promotion. – Any uniformed
personnel of the BFP and the BJMP who has not been
Qualification Standards in the Designation of Uniformed promoted for a continuous period of ten (10) years
Personnel to Key Positions. – shall be separated or retired from the service, except
for those who are occupying a third-level position;
No person shall be designated to the following key
positions unless s/he has met the qualifications: 3) Attrition by Other Means. – Any uniformed personnel
of the BFP and the BJMP with at least five (5) years of
1) Municipal Jail Warden. – Should have the rank of chief accumulated active service shall be separated from
inspector, who have finished at least the second year the service based on any of the following factors:
of Bachelor of Laws or earned at least twelve (12)
units in a master's degree program • Inefficiency based on poor performance during the
last two (2) successive semestral rating periods;
2) City Jail Warden. – Should have the rank of chief • Inefficiency based on poor performance for three
inspector, who must have finished at least the second (3) cumulative semestral rating periods;
year of Bachelor of Laws or earned at least twenty- • Physical and/or mental incapacity to perform
four (24) units in a master's degree program. his/her duties and functions; or
Provided, That in city jails with a population of one
thousand (1,000) or more inmates, the city jail warden 4) Failure to complete the required career courses
shall have the rank and qualification of a district jail and/or appropriate civil service eligibility for his/her
warden; position except for justifiable; and

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❖ Separation or Retirement. – Any personnel who is RELATED LAWS ON CORRECTIONS:


dismissed from the service under the above-
enumerated principles shall be separated if he/she Delay In the Delivery of Detained Persons to The Proper
has rendered less than twenty (20) years of service Judicial Authorities (Art. 125, RPC).
and be retired if he/she has rendered at least twenty
(20) years of service unless the concerned personnel A felony committed by a public officer or employee
is disqualified by law to receive such benefits. who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial
authorities within the period of:
PROMOTION SYSTEM
• 12 hours- for crimes or offenses punishable by light
1) Rationalized Promotion System. – The system of penalties
promotion shall be based on merits and the availability • 18 hours- for crimes or offenses punishable by
of vacant ranks in the BFP and the BJMP staffing correctional penalties
pattern. Such system shall be gender-fair to ensure • 36 hours- for crimes or offenses punishable by
that women personnel shall enjoy equal opportunity afflictive capital penalties
for promotion as to men;
The crime of Arbitrary Detention is committed when
2) Requirement for Promotion. – the detention of a person is without legal ground. The legal
grounds of detention are a) commission of a crime and b)
a) Any personnel shall not be eligible for promotion violent insanity or another ailment requiring compulsory
to a higher rank unless he/she has met the requirement.
minimum qualification standards or the
appropriate civil service eligibility set by the CSC, Special Time Allowance for Loyalty (STAL)
and has satisfactorily passed the required
psychiatric/psychological, drug, and physical test; A reduction of one-fifth (1/5) of the period of the
sentence of any prisoner who evaded the service of
b) Any personnel who has exhibited act of sentence during calamity but returns within 48 hours from
conspicuous courage and gallantry at the risk the time a proclamation was made for its stoppage. But,
his/her life above and beyond the call of duty or one who does not return is guilty of Evasion of Service of
selected as such in a nationwide search conducted Sentence punishable by 1/5 of his unserved sentence but
by any accredited civic organization, shall be not exceeding 6 months.
promoted to the next higher rank, Provided, That
these shall be validated by the DILG and the CSC Under RA 10592, those inmates who did not escape
based on established criteria. or remain in jail/ prison despite the calamity shall be
entitled to STAL and a deduction of 2/5 of the period of their
Base Pay, Retirement, and Other Benefits of the original sentence.
Uniformed Personnel. –
Good Conduct Time Allowance (GCTA)
The rate of the base pay of the uniformed personnel
of the BFP and the BJMP shall be adjusted in accordance It is a privilege granted to a prisoner entitling him to
with the following salary grade schedule: a deduction of his term of imprisonment. Under Art. 97 RPC
as amended (RA No. 10592) the good conduct of any
RANK SALARY GRADE prisoner in any penal institution shall entitle him to the
Fire/Jail Director 28 following deduction from the period of his sentence:
Fire/Jail Chief Superintendent 27
✓ During the first 2-years, he shall be allowed a
Fire/Jail Senior Superintendent 26 deduction of 20days/ month of good behavior during
Fire/Jail Superintendent 25 detention;
✓ During the 3-5 years, he shall be allowed a reduction
Fire/Jail Chief Inspector 24
of 23days/ month of good behavior during detention;
Fire/Jail Senior Inspector 23 ✓ During the 6-10 years, he shall be allowed a deduction
Fire/ Jail Inspector 22 of 25days/ month of good behavior during detention;
✓ During the 11th and successive years of his
Senior Fire/Jail Officer IV 19
imprisonment, he shall be allowed a deduction of 30
Senior Fire/Jail Officer III 18 days/ month of good behavior during detention.
Senior Fire/Jail Officer II 17
At any time during the period of imprisonment, he
Senior Fire/Jail Officer I 16
shall be allowed another deduction of fifteen days, in
Fire/ Jail Officer III 14 addition to numbers one to four hereof, for each month of
Fire/Jail Officer II 12 study, teaching, or mentoring service time rendered.
Fire/Jail Officer I 10

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SIGNIFICANT TERMS, NAMES & EVENTS 15. Expiation or Atonement. Execution of punishment
visibly or publicly to appease a social group.
1. Alcatraz. A US federal penitentiary referred to as "The 16. Flogging. Whipping or beating as a form of punishment.
Rock". The small island of Alcatraz was developed with 17. Fred T. Wilkinson. Last warden of the Alcatraz prison.
facilities for a lighthouse, a military fortification, a 18. Galley. A low, flat ship with one or more sails and up
military prison (1868), and a federal prison to three banks of oars chiefly used for warfare or
from 1933 until 1963. piracy and often manned by slaves or criminals.
2. Alexander Maconochie. A Scottish naval officer, 19. Golden Age of Penology. It was in 1870 – 1880.
geographer, and penal reformer. He is known as the 20. Guillotine. An ancient form of capital punishment by
Father of Parole. cutting the head.
3. Auburn Prison. Opened in 1819. It was the second state 21. Halfway House. A center for helping former drug
prison in New York. The site of the first execution by addicts, prisoners, psychiatric patients, or others to
Electric Hair in 1890. It uses the silent or congregate adjust to life in general society.
system. 22. Hedonism. The ethical theory states that pleasure is
4. Borstal System. Rehabilitation method formerly used the highest good and proper aim of human life.
in Great Britain for delinquent boys aged 16 to 21. The 23. Hulk. An old ship stripped of fittings and permanently
idea originated (1895) with the Gladstone Committee as moored and covered as a prison.
an attempt to reform young offenders. The first 24. Impalement – A form of capital punishment, is the
institution was established (1902) at Borstal Prison, penetration of an organism by an object such as a
Kent, England. stake, pole, spear, or hook, by complete (or partial)
5. Branding. Stigmatizing is the process in which a mark, perforation of the body, often the central body mass.
usually a symbol or ornamental pattern, is burned into Killing by piercing the body with a spear or sharp pole.
the skin of a living person, with the intention that the 25. Jean Jacques Villain. Pioneered classification to
resulting scar makes it permanent as a punishment or separate women and children from hardened
imposing masterly rights over an enslaved or criminals.
otherwise oppressed person. 26. Mamertine Prison. A prison located in the Comitium in
6. Bridewell Prison and Workhouse. The first ancient Rome. It was originally created as a cistern for
correctional institution in England. It was a precursor a spring on the floor of the second lower level.
of the modern prison. Built initially as a royal Prisoners were lowered through an opening into the
residence in 1523, Bridewell Palace was given to the lower dungeon.
city of London to serve as the foundation for as system 27. Mark System. Developed in Australia by Alexander
of Houses of Correction known as “Bridewells.” Maconochie, whereby credits, or marks, were awarded
Housed vagrants, homeless children, petty offenders, for good behavior, a certain number of marks being
disorderly women, prisoners of war, soldiers, and required for release.
colonists sent to Virginia. 28. Mittimus. A process issued by the court after
7. Bridewell Prison and Hospital. Established in a former conviction to carry out the final judgment, such as
royal palace in 1553 with two purposes: the commanding a prison warden to hold the accused, in
punishment of the disorderly poor and housing of accordance with the terms of the judgment. Mittimus
homeless children in the City of London. is often attached on the commitment order issued by
8. Charles Montesquieu. A French lawyer, who analyzed the court whenever the convict is to be transferred to
law as an expression of justice. He is famous for his prison for service of sentence.
articulation of the theory of separation of powers, 29. Mutilation or maiming - an ancient form of
which is implemented in many constitutions punishment, is an act of physical injury that degrades
throughout the world. the appearance or function of any living body,
9. Draco. The first legislator of ancient Athens, Greece, sometimes causing death
7th century BC. He replaced the prevailing system of 30. Newgate Prison. It is not a real prison but an
oral law and blood feud with a written code to be abandoned copper mine in Simsbury Connecticut.
enforced only by a court. Inmates are confined underground (Black hole of
10. Ducking Stool. A chair fastened to the end of a pole. horrors).
Used formerly to plunge offenders into a pond or river 31. Pillory. A wooden framework with holes for the head
as a punishment. and hands, in which offenders were formerly
11. Dungeon. A dark cell, usually underground where imprisoned and exposed to public abuse.
prisoners are confined. 32. Prison Hulks - (1776-1857) were ships that were
12. Elmira Reformatory. Located in New York. It was anchored in the Thames and at Portsmouth and
originally a prison opened to contain Confederate Plymouth. Those sent to them were employed in hard
prisoners of war during the Civil War. It became known labor during the day and then loaded, in chains, onto
as a “death camp” because of the squalid conditions the ship at night.
and high death rate in its few years of operation. 33. Quakers. Are members of a family of religious
Established 1876. movements collectively known as the Religious
13. Elmira System. An American penal system named Society of Friends. Many Quakers have worked for
after Elmira Reformatory in New York. In 1876 Zebulon reform of the criminal justice systems of their day.
R. Brockway became an innovator in the reformatory Quakers believe that people can always change: their
movement by establishing Elmira Reformatory for focus has been on reforms that make positive change
young felons. The Elmira system classified and more likely, such as increased opportunities for
separated various types of prisoners, education, improved prison conditions, help with facing
gave them individualized treatment emphasizing up to violent impulses, and much else.
vocational training, industrial employment, and used 34. Rack. A form of torture or punishment wherein pain is
indeterminate sentences. inflicted on the body through stretching.
14. Ergastulum. A Roman prison used to confine slaves. 35. Sing Sing Prison - was the third prison built by New
They were attached to work benches and forced to do York State. It is a maximum-security prison.
hard labor in period of imprisonment.

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36. Sir Evelyn Ruggles Brise - was a British prison those who have a record of escaping from jails,
administrator reformer, and founder of the Borstal recidivists, habitual delinquents, and those with
system. severe personality or emotional disorders that
37. Sir Walter Crofton - the director of Irish prisons. In his make them dangerous to their fellow inmates or the
program, known as the Irish system, prisoners jail personnel.
progressed through three stages of confinement 11. High Profile Inmates in BJMP Jails - are those who are
before they were returned to civilian life. The first not necessarily charged with heinous crimes but are
portion of the sentence was served in isolation. After prominent figures in society or public figures whose
that, prisoners were assigned to group work projects. cases have drawn public interest.
38. Twelve Tables - The Law of the Twelve Tables was the 12. Infirmed Inmates - are those inmates who are
ancient legislation that stood at the foundation of physically or mentally weak for a prolonged period of
Roman law. Established basic procedural rights for all time specifically caused by age or illness.
Roman citizens as against one another. 13. Inmate - is the generic term used to refer to a detainee
39. Walnut Street Jail - opened in 1790 in Philadelphia. or prisoner.
Considered the 1st state prison. Inmates labored in 14. Instrument of Restraint - a device, contrivance, tool or
solitary cells and received large doses of religious instrument used to hold back, keep in, check or control
training. inmates; e.g., handcuffs.
40. Zebulon Reed Brockway - was a penologist and is 15. Jail - is a place of confinement for city and municipal
sometimes regarded as the Father of prison reform detainees/prisoners, any fugitive from justice, or
and Father of American Parole in the United States. person detained awaiting or undergoing
investigation or trial and/or pending transfer to the
National Penitentiary, and/or violent, mentally ill
BJMP OPERATIONS MANUAL person who endangers him/herself or the safety of
BJMP Comprehensive Operations Manual Revised 2015 others, duly certified as such by the proper medical
DEFINITION OF TERMS: or health officer, pending transfer to a mental
institution.
1. Carpeta - Otherwise known as “inmate record or 16. Jailbreak - the escape from jail by more than two (2)
jacket”, contains the personal and criminal records of inmates by the use of force, threat, violence or deceit
inmates, documents related to his/her incarceration or by breaching security barriers such as by scaling
such as but not limited to: commitment orders, the perimeter fence, by tunneling and/or by other
subpoenas, personal identification, orders from the similar means or by burning or destructing of the
court, and all other papers necessarily connected with facility or a portion of the facility with or without the
the detention of an inmate. aid of jail officer or any other person.
2. Chief Custodial Officer - is the personnel in-charge in 17. Jail escape - it is an act of leaving from jail of an
the overall supervision of all custodial functions. inmate through unofficial and illegal ways or without
3. City Jail - A facility or a place of confinement for those any legal order from the authorities.
inmates who are sentenced with a penalty from (1) one 18. Jail Warden - Person charged with the overall
day to three (3) year imprisonment. operational and administrative control of jail.
4. Commitment Order - A written order of the court, or 19. Illegal Contraband- Those that are unlawful in
any other agency authorized by law to issue, themselves and not because of some extraneous
entrusting an inmate to a jail for the purpose of circumstances (i.e. dangerous drugs, weapons,
safekeeping during the pendency of his/her case. potential weapons, explosives).
5. Contraband - Any article, item, or thing prohibited by 20. Mittimus Order - A warrant issued by a court bearing
law and/or forbidden by jail rules that would pose as its seal and the signature of the judge, directing the
security hazards or endanger the lives of inmates. jail or prison authorities to receive inmates for the
6. Conjugal Visitation – Refers to the visit by the wife service of sentence.
for a short period, usually an hour, more or less, 21. Municipal Jail - is a facility or a place of confinement
to her incarcerated husband during which they are for those who are sentenced with a penalty for a term
allowed privacy and are generally understood to not exceeding six (6) month imprisonment.
have sexual contact. 22. Nuisance Contraband - Those that may not be
7. Detainee - a person who is accused before a court or classified as illegal under the Philippine laws but
competent authority and is temporarily confined in are forbidden by jail rules i.e. cellphone, money or
jail while undergoing or awaiting investigation, trial, other commodities of exchange such as jewelry,
or final judgment. appliances and gadgets, excessive wearing apparels
8. District Jail - is a facility or a place of confinement and sleeping paraphernalia, intoxicating liquors,
for inmates coming from a city or clustered cigarettes, pornographic materials, gambling
municipalities who are waiting or undergoing trial or paraphernalia and other products that are
serving sentence of one (1) day to three (3) years. considered as instruments for vices since they
9. Escape-Prone Inmates - are inmates who are likely threaten the security, fire safety, sanitation of the
and have the tendency to escape from the jail facility. facility, and the orderly activities of the jail.
10. High Risk Inmates in BJMP Jails - are those 23. Prisoner - an inmate who is convicted by final
considered as highly dangerous or with high judgment.
probability of escaping or being rescued because of 24. Provincial Jail – is a facility or a place of confinement
the gravity of the crimes they are accused of or have a for inmates who are sentenced with imprisonment
propensity for being troublemakers or initiators of jail from six (6) months and (1) one to three (3) year
riots and disturbance and who require a high degree imprisonment.
of control and supervision. Particularly included 25. Reformation - means amending or improving by
herein are those charged with heinous crimes, such changing inmate's behavior or removing his or her
as murder, terrorism, kidnap for ransom, violation of faults or abuse and removing or correcting an abuse a
R.A. No. 9165, the imposable penalty for which is from wrong or error.
life imprisonment to death, etc. These also include

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26. Rehabilitation - a program of activity directed to b) Commitment Order - a written order of the court, or
restore an inmate’s self-respect and sense of any other agency authorized by law to issue,
responsibility to the community, thereby making entrusting an inmate to a jail for safekeeping during
him/her a law-abiding citizen after serving his/her the pendency of his/ her case.
sentence. c) Contraband - any article, item, or thing prohibited
27. Safekeeping - refers to the temporary custody of a by law and/ or forbidden by jail rules that would pose
person for his/her protection from the community he security hazards or endanger the lives of inmates.
or she comes from, and for the community he or she d) Conjugal Visitation – refers to the visit by the wife for
comes from. a short period, usually an hour, more or less, to her
28. Sexual Deviates - inmates who have a type of mental incarcerated husband during which they are allowed
disorder characterized by a preference for or privacy and are generally understood to have sexual
obsession with unusual sexual practices, such as contact.
pedophilia, sadomasochism, or exhibitionism, or e) Detainee - a person who is accused before a court or
inmates whose sexual practices are socially competent authority and is temporarily confined in jail
prohibited. while undergoing or awaiting investigation, trial, or
29. Suicidal Inmates - are those inmates who tend to final judgment.
commit suicide or harm themselves. f) District Jail - is a facility or a place of confinement for
30. Transfer -the delivery, notwithstanding his/her or their inmates coming from a city or clustered
appeal, of an inmate or inmates sentenced to more municipalities who are waiting or undergoing trial or
than three (3) year imprisonment, from any BJMP serving a sentence of one (1) day to three (3) years.
manned jail to any of the Bureau of Corrections g) Escape-prone inmates - are inmates who are likely
(BuCor). and have the tendency to escape from the jail facility.
h) Inmate - is the generic term used to refer to a detainee
or prisoner.
BJMP Operational Manual 2015 i) Instrument of Restraint - a device, contrivance, tool, or
instrument used to hold back, keep in, check, or
RULE I GENERAL PROVISIONS control inmates; e.g., handcuffs.
j) Jail - is a place of confinement for city and municipal
detainees/ prisoners, any fugitive from justice, or
Section 1. MANDATE - The Bureau of Jail person detained awaiting or undergoing investigation
Management and Penology was created on January 2, 1991, or trial and/ or pending transfer to the National
pursuant to Republic Act 6975, replacing its forerunner, the Penitentiary, and/ or violent, mentally ill person who
Jail Management and Penology Service of the defunct endangers him/ herself or the safety of others, duly
Philippine Constabulary- Integrated National Police. The certified as such by the proper medical or health
BJMP exercises administrative and operational jurisdiction officer, pending transfer to a mental institution.
over all district, city, and municipal jails. I t is a line bureau k) Jailbreak - the escape from jail by more than two (2)
of the Department of the Interior and Local Government inmates by the use of force, threat, violence, or deceit
(DILG). or by breaching security barriers such as by scaling
the perimeter fence, by tunneling, and/ or by other
Section 7. DISTRICT JAIL - In large cities or a similar means or by burning or destructing of the
group of clustered municipalities, a district jail headed by facility or a portion of the facility with or without the
a district warden may be established. aid of jail officer or any other person.
l) Jail escape - it is an act of leaving from jail of an inmate
Section 8. CITY AND MUNICIPAL JAILS - The BJMP through unofficial and illegal ways or without any legal
operates and maintains city and municipal jails, each order from the authorities.
headed by a city or municipal warden, as the case may be. m) Illegal Contraband- are those that are unlawful in
themselves and not because of some extraneous
circumstances (i.e. dangerous drugs, weapons,
Section 11. PRINCIPLES - The following principles potential weapons, explosives).
shall be observed in the implementation of the preceding n) Mittimus Order - a warrant issued by a court bearing
sections: its seal and the signature of the judge, directing the jail
or prison authorities to receive inmates for the service
a) Humane treatment of inmates;
of sentence.
b) Observance of professionalism in the performance
o) Nuisance Contraband - are those that may not be
of duties; and
classified as illegal under the Philippine laws but are
c) Multi-sectoral approach in the safekeeping and
forbidden by jail rules i.e. cellphones, money, or other
development of inmates can be strengthened
commodities of exchange such as jewelry, appliances
through active partnership with other members of
and gadgets, excessive wearing apparel and sleeping
the criminal justice system and global advocates of
paraphernalia, intoxicating liquors, cigarettes,
corrections.
pornographic materials, gambling paraphernalia and
other products that are considered as instruments for
Section 12. DEFINITION OF TERMS - As used in
vices since they threaten the security, fire safety,
this Manual, the following terms are defined:
sanitation of the facility, and the orderly activities of
the jail.
a) Carpeta - otherwise known as <inmate record or
p) Prisoner - an inmate who is convicted by final
jacket=, contains the personal and criminal records of
judgment.
inmates, documents related to his/ her incarceration
q) Reformation - means amending or improving by
such as but not limited to: commitment orders,
changing an inmate's behavior or removing his or her
subpoenas, personal identification, orders from the
faults or abuse and removing or correcting an abuse a
court, and all other papers necessarily connected with
wrong or error.
the detention of an inmate.

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r) Rehabilitation - a program of activity directed to b) Awaiting or undergoing trial; and


restore an inmate’s self-respect and sense of c) Awaiting final judgment.
responsibility to the community, thereby making
him/ her a law-abiding citizen after serving his/ her Section 19. INMATES SECURITY CLASSIFICATION -The
sentence. following are the classifications of inmates according to the
s) Safekeeping - refers to the temporary custody of a security risk each may pose:
person for his/ her own protection from the community
he or she comes from, and for the community he or 1) High Profile Inmate - those who require increased
she comes from. 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
RULE II
controversial or sensationalized crime or those who
COMMITMENT AND CLASSIFICATION OF
became prominent for being a politician, government
PRISONERS AND DETAINEES
official, multi-million entrepreneur, religious or
cause-oriented group leader, and movie or television
A person can be committed to jail only upon the
personality.
issuance of an appropriate order by a competent court or
authority so mandated under Philippine laws. This Rule
2) High-Risk Inmates - those who are considered highly
enumerates courts and authorities and classifies inmates
dangerous and who require a greater degree of
according to the conditions for their commitment.
security, control, and supervision because of their
deemed capability of escape, of being rescued, and
Section 13. COMMITMENT - means entrusting for the
their ability to launch or spearhead acts of violence
confinement of an inmate to a jail by a competent court or
inside the jail. This includes those charged with
authority, for safekeeping during the pendency of his/ her
heinous crimes such as murder, kidnapping for
case.
ransom, economic sabotage, syndicated or organized
crimes, etc. Also included are inmates with military or
Section 14. COURTS A N D OTHER ENTITIES
police training or those whose lives are in danger or
A U T H O R I Z E D T O COMMIT A PERSON TO JAIL- The
under imminent threat.
following (courts and entities) are authorized to commit a
person to jail:
3) High-Value Target (HVT) - a target, either a resource
or a person, who may either be an enemy combatant,
a) Supreme Court;
high-ranking official, or a civilian in danger of capture
b) Court of Appeals;
or death, typically in possession of critical intelligence,
c) Sandiganbayan;
data, or authority marked as an objective for a mission
d) Regional Trial Court;
and which a commander requires for the successful
e) Metropolitan/ Municipal Trial Court;
completion of the same.
f) Municipal Circuit Trial Court;
g) Congress of the Philippines; and
4) Security Threat Group - any formal or informal
h) All other administrative bodies or persons
ongoing inmates’ group, gang, organization, or
authorized by law to arrest and commit a person
association consisting of three or more members
to jail.
falling into one of the following basic categories:
street gangs, prison gangs, outlaw gangs, traditional
Section 15. CLASSIFICATION - refers to assigning or to
organized crime, aboriginal gangs, subversive groups
grouping of inmates according to their respective penalty,
and terrorist organizations.
gender, age, nationality, health, criminal records, etc.
5) Subversive Group - a group of persons that adopts or
Section 16. CATEGORIES OF INMATES -The two (2) general
advocates subversive principles or policies tending to
categories of inmates are:
overthrow or undermine an established government.
a) Prisoner - an inmate who is convicted by final
6) Terrorist Group - a group of persons that commits any
judgment; and
of the following: piracy and mutiny in the high seas
b) Detainee - a n inmate who is undergoing
or in the Philippine waters, rebellion or insurrection,
investigation/ trial or awaiting final judgment.
coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson,
Section 17. CLASSIFICATION OF PRISONERS - The four (4)
hijacking, violation of laws on toxic substances and
main classes of prisoners are:
hazardous and nuclear waste control, violations of
atomic energy regulations, anti-piracy and anti-
a) Insular Prisoner - one who is sentenced to a
highway robbery, illegal and unlawful possession,
prison term of three (3) years and one (1) day to
manufacture, dealing in, acquisition or disposition of
reclusion perpetua or life imprisonment;
firearms, ammunitions or explosives.
b) Provincial Prisoner - one who is sentenced to a
prison term of six (6) months and one (1) day to
7) Violent Extremist Offender (VEO) - a person whose
three (3) years;
political or religious ideologies are considered far
c) City Prisoner - one who is sentenced to a prison
outside the mainstream attitudes of the society or who
term of one (1) day to three (3) years; and
violates common moral standards and who has
d) Municipal Prisoner - one who is sentenced to a
adopted increasingly extreme ideals and aspirations
prison term of one (1) day to six (6) months.
resorting to the employment of violence in the
furtherance of his/ her beliefs.
Section 18. CLASSIFICATION OF DETAINEES - The three (3)
classes of detainees are those:

a) Undergoing investigation;

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8) Medium Risk Inmates -those who represent a while undergoing a medical examination. A female
moderate risk to the public and staff. These inmates inmate shall be examined by female health personnel.
still require greater security, control, and supervision A male inmate may be examined by either male or
as they might escape from and commit violence inside female health personnel;
the jail.
4) Records Unit - Receives the inmate and the
9) Minimum Risk Inmates (Ordinary Inmates) - those documents from the committing officer and conducts
inmates who have lesser tendencies to commit the following:
offenses and generally pose the least risk to public
safety. In most cases, they may be first-time a) Start the booking procedures:
offenders and are charged with light offenses. ▪ Accomplish the jail booking sheet;
▪ Strip-search the inmate to check for any
Section 20. REQUIREMENTS FOR COMMITMENT - No person birthmarks, tattoos, etc;
shall be committed to any jail facility without the following ▪ Encode the inmate's information to the NIMS;
▪ Fingerprint and photograph the inmate with a mug
required documents: shot background; and
▪ List the names of the visitors authorized by the
a) Commitment Order; inmate.
b) Medical Certificate - recent medical certificate b) Apprise the inmate in a dialect that he/ she
taken within 24 hours prior to admission; understands of the provisions of Art 29 of the RPC
c) Complaint/ Information; which was further amended by R.A. 10592;
d) Police Booking Sheet; and c) Facilitate the signing of the Detainee’s
e) Certificate of Detention from PNP and/ or NBI. Manifestation if he/she agrees to abide by the
same disciplinary rules imposed upon convicted
inmates. Otherwise, the warden issues a
RULE III certification under oath manifesting that the
RECEPTION AND RELEASING PROCEDURES, inmate was apprised of the provision of Art 29 of
CLASSIFICATION BOARD, DISCIPLINARY BOARD the RPC as amended and refused to abide by the
AND PUNISHABLE ACTS OF INMATES same; and
d) Store all documents in the Inmate’s Carpeta.
Section 21. RECEPTION PROCEDURES –
5) Property Custodian – Checks the inmate’s belongings
A decent and humane program of confinement for the presence of contraband. Discovery of any
starts with a systematic reception of inmates for contraband shall be treated per existing policies.
commitment to the BJMP’s jail facilities. The following
procedures should therefore be observed: Takes all cash and other personal properties from the
inmate, and lists them down on a receipt form with
1) Gater - He or she checks the credentials of the person duplicate, duly signed by him/ her and countersigned
bringing the inmate/ the committing officer to by the inmate. The original receipt should be given to
determine his/ her identity and authority. Also, he or the inmate and the duplicate be kept by the Property
she reviews the completeness of the following Custodian.
documents before the person bringing an inmate/ the
committing officer is allowed to enter the facility. The Keeps all cash and other valuables of the inmate in a
documents mentioned earlier refer to the: safety vault. Said cash and valuables may be turned
over to any person authorized by the inmate.
a) Commitment Order;
b) Medical Certificate – recent medical certificate Refers the inmate to the desk officer.
taken within 24 hours prior to admission;
c) Complaint/ Information; 6) Desk Officer - books the newly committed inmate in
d) Police Booking Sheet; and the jail blotter; assigns the inmate to a reception area,
e) Certificate of Detention from PNP and/ or NBI. if any, where he/ she shall be scheduled for orientation
on jail rules and regulations, and shall undergo risk
Additionally, the "gater" shall subject the person to be assessment and classification, evaluation, and conduct
committed and his/ her escorts for search and of further medical evaluation/ screening by the Medical
inspection as prescribed. Finally, he or she (gater) Officer.
refers the person to be committed and his or her
escorts to the Records Unit. 7) Assistant Warden or Officer of the Day - Orients the
newly committed inmates on jail rules and regulations
2) Records Unit - This unit examines the completeness using the Inmate’s Orientation Sheet.
and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report, 8) Jail Warden - Coordinates with concerned agencies
and Information) before it refers the inmate for regarding the case of inmates for speedy disposition
physical examination by the Health Unit. and to furnish them with copies of the available
needed documents. The jail warden shall see to it that
3) Health Unit: Checks the authenticity of the entries in all concerned agencies and persons will be informed
the medical certificate; conducts a thorough physical of the commitment of the inmate in his/ her jail by
examination of the inmate to determine his or her true submitting a written report. Through his/ her
physical condition; and asks searching questions to paralegal officer, he/ she shall ensure that the courts
determine injury/ injuries found to have been and prosecutors’ office are attending to the case of the
sustained by the inmate after the conduct of medical inmate by constantly coordinating with them for the
examination or those injuries not diagnosed prior to purpose of speeding up the disposition of the case. For
commitment in jail. An inmate is required to undress this purpose, the sharing of non-confidential

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information with the concerned agencies is 3) Dental Examination - The jail dentist shall perform a
encouraged. thorough dental examination and recording of his or
her findings. The record shall bear the signature of the
Section 22. CLASSIFICATION BOARD – Each jail shall dentist who conducted the examination. Dental issues
maintain a classification board, if facilities and personnel that need immediate attention shall be so attended to
are available, to be composed of the following: accordingly.

✓ Chairperson - Assistant Warden 4) Psychological Examination - The jail psychologist-in-


✓ Member - Chief, Custodial/ Security Office charge shall conduct a psychological examination to
✓ Member- Medical Officer/ Public Health Officer determine the inmate’s psychological state at the time
✓ Member- Jail Chaplain of examination. Results will be recorded in the
✓ Member - Inmates Welfare and Development Officer psychologist’s logbook or the health assessment card/
HAS and shall bear the signature of the psychologist
Section 23. DUTIES AND FUNCTIONS OF THE who conducted the examination.
CLASSIFICATION BOARD –
5) Social Case Study - The jail social worker at the I CCU
The Classification Board is tasked to conduct a shall conduct an in-depth interview with the newly
background investigation of inmates to determine the cell admitted inmate, an interview that considers "who the
assignment, the appropriate rehabilitative program, the inmate is" from birth up to the present including his/
type of supervision, and the degree of custody and her familial, educational, social, vocational and other
restrictions applicable to the inmate/ s. The investigation issues that has an impact on his/ her personality. The
shall focus on the following: findings will be recorded and shall bear the signature
of the social worker who conducted the assessment.
a) Facts and data of the present case; In jails without I CCU, the interview will be done by
b) Inmate's recent criminal history and the facts the social worker in charge upon the order of the
about the inmate's attitudes and behavior while court or as requested by the medical officer, the
confined in other institutions, if the inmate is a psychiatrist, or the duly designated jail warden for
recidivist or a habitual delinquent; specific purposes.
c) Biography or life history;
d) Medical History; 6) Risk Assessment - A risk assessment tool shall be
e) Vocational, recreational, educational, and religious utilized to determine the level of violence/ risk the
background/ interests; and inmate poses, either external or internal. This will help
f) Psychological characteristics as evaluated by in the proper classification and segregation of inmates
the psychiatrist and psychologist. and in the design of specific development plans.

The inmate is required to appear before the 7) Psychiatric Evaluation - Using the results of the
Classification Board for validation of his/ her profile. Upon psychological examination, social case study, and risk
completion of the classification assessment, the inmate is assessment, the psychiatrist conducts a psychiatric
then apprised of his/ her cell assignment and welfare evaluation to determine the present mental state of the
programs appropriate for him/ her. He/ she is asked if inmate and to diagnose any existing psychiatric illness
he/ she is willing to undergo this program for his/ her own for further treatment. The result will be recorded and
good. I f he/ she is willing, the Board will see to it that the shall bear the signature of the psychiatrist who
program planned for the inmate is followed. Then the conducted the examination.
inmate is assigned to his/ her cell according to the
approved classification. 8) Case Management - Each inmate will be assigned to a
specific case manager who may either be a
Section 24. CLASSIFICATION PROCESS psychologist, a social worker, or a nurse. The case
manager shall be responsible for the consolidation of
1) Admission of Inmate - Once the inmate has undergone all the results and shall make the proper decision
the registration process; he/ she will be temporarily as to the classification of the inmates and the
housed at the Inmate Classification and Counseling identification development programs for each inmate.
Unit (I CCU) in jails where it is available. The inmate
shall stay at the I CCU for a minimum period of thirty 9) Inmate Orientation and Counseling - While undergoing
(30) days but not exceeding sixty (60) days or until the assessment, the inmate shall be oriented on the basic
completion of the classification process. At the I CCU, jail rules and regulations. He/ she shall be introduced
the newly committed inmate will undergo an to the different development programs that would best
assessment by different health professionals. promote his/ her personal growth.

2) Medical Examination - The jail medical Officer or the 10) Inmate Evaluation and Classification - Using the
jail officer designated nurse of the Health Unit will different tools of assessment, the newly committed
conduct a thorough physical examination on the newly inmate will now be classified based on the level of risk
committed inmate and will note down significant bodily and present physical, mental, and emotional state.
marks, scars, tattoos, and lesions based on the
medical certificate presented by the committing 11) Proper Cell Assignment and Development Plans -
officer. He or she must ensure that his/ her findings After the inmate has undergone all the assessments,
are congruent with the medical certificate presented. his/ her case manager shall consolidate all the results.
Any discrepancy shall warrant further investigation by Based on the results of the final evaluation, the inmate
and reporting of the same to the CHR. may then be assigned to the cell that is deemed best
for his/ her growth and well-being. The newly
committed inmate is encouraged to participate in the
recommended development programs.

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in the case of an incorrigible inmate, and when


12) Monitoring - After the inmate has been transferred to other disciplinary measures have been proven
his/ her assigned cell and has been attending the ineffective;
prescribed development programs, the case manager g) Transfer to another BJMP jail in the area in
shall periodically monitor, and change and enhance coordination with the Court;
the inmate's development program/ s depending on his
or her behavioral progress. Suspension of visiting privileges for a period not exceeding
one (1) month, provided that this sanction shall not apply to
Section 25. DISCIPLINARY BOARD – the lawyer, physician, or religious minister serving the
needs of the prisoner.
A disciplinary board shall be organized and
maintained to hear disciplinary cases involving any inmate Permanent cancellation of visiting privileges concerning
who violates jail rules and regulations. It shall be persons not included in the definition of immediate family
composed of the following: under RA 7438, provided that this sanction shall not apply
to the lawyer, physician, or religious minister serving the
✓ Chairperson - Assistant Warden needs of the prisoner.
✓ Member- Chief, Custodial/ Security Office
✓ Member- Medical Officer/ Public Health Officer In addition to the above-mentioned punishment, the
✓ Member- Jail Chaplain disciplinary board may recommend to the warden partial or
✓ Member- Inmates Welfare and Development Officer full forfeiture of GCTA to be earned for a particular month
✓ Member - Inmates’ Representative and subsequent months depending upon the gravity of the
offense.
If the above composition is not feasible because of
personnel limitation, the warden shall perform the board’s Section 28. LIMITATIONS ON DISCIPLINARY PUNISHMENT
functions and he shall act as the summary disciplinary FOR
officer.
INMATES - The Disciplinary Board shall consider the
Section 26. DUTIES AND FUNCTIONS OF THE following limitations when imposing disciplinary
DISCIPLINARY BOARD – punishment:

The Board is tasked to investigate the facts of an a) No female inmate shall be subjected to any disciplinary
alleged misconduct referred to it. It shall hold sessions as punishment which might affect her unborn or nursing
often as necessary in a room, which may be provided for child;
the purpose. All cases referred to it shall be heard and b) No infirm or handicapped offender shall be meted out
decided within forty-eight (48) hours from the date of punishment, which might affect his/ her health or
receipt of the case. physical well-being;
c) Corporal punishment, confinement in dark or
inadequately ventilated cells, and any form of cruel,
Section 27. AUTHORIZED DISCIPLINARY unusual, inhumane, or degrading punishment are
ACTIONS/MEASURES absolutely prohibited;
FOR INMATES – d) When necessary, the jail physician shall visit the
detainee/ prisoner undergoing punishment and shall
The Board is authorized to impose any of the advise the warden of the need for the termination of
following disciplinary ACTIONS/MEASURES: the punishment imposed upon the inmate on grounds
of the inmate's physical or mental health;
For Detainees: e) Instruments of restraint, such as handcuffs, leg irons,
a) Admonition or verbal reprimand; and straitjackets are not to be applied as a form of
b) Restitution or reparation; punishment. They shall only be used as a precaution
c) Temporary or permanent cancellation of all or against escape and on medical grounds to prevent an
some recreational privileges; offender from injuring himself or others;
d) Reduction of visiting time; f) Breaches of discipline shall be handled without anger
e) Close confinement in a cell for a period not or emotionalism and decisions shall be executed
exceeding 7 days in any calendar month, provided firmly and justly; and
that this disciplinary action shall be imposed only
in the case of an incorrigible inmate, and when Section 29. PROCEDURES IN THE HEARING OF
other disciplinary measures have been proven DISCIPLINARY
ineffective; and
f) Transfer to another BJMP jail in the area, in CASES - The following procedures shall be followed in the
coordination with the Court. hearing of disciplinary cases:

For Prisoners: 1) The aggrieved inmate or any person (visitor, inmate, or


a) Admonition or verbal reprimand; personnel) reports the violation to the Desk Officer
b) Restitution or reparation; 2) The desk officer shall immediately submit a written
c) Additional job functions/ community service within report to the warden and the latter shall direct the
the jail premises; Investigation Unit to conduct an investigation within
d) Temporary or permanent cancellation of some or twenty-four (24) hours upon receipt of the directive.
all recreational privileges; The Investigation Unit shall submit to the Warden their
e) Reduction of visiting time; report together with their recommendations;
f) Close confinement in a cell for a period not 3) The warden shall evaluate the report and if he/ she
exceeding 7 days in any calendar month, provided believes that there is no sufficient evidence to support
that this disciplinary action shall be imposed only the alleged violation, he/ she shall dismiss the case. I

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f he/ she believes that sufficient evidence exists, he/ 13) Writing, defacing, or drawing on walls, floors or any
she shall decide the case and impose the necessary furniture or equipment;
penalty in case of minor violations. If the offense is less 14) Withholding information, which may be inimical or
grave or grave, he/ she shall endorse it to the prejudicial to the jail administration;
disciplinary board for a hearing or decide it 15) Possession of lewd or pornographic literature and/ or
himself/ herself a in his or her capacity as a summary photographs;
disciplinary officer in the absence of a disciplinary 16) Absence from the cell, brigade, place of work during a
board; headcount, or at any time without justifiable reason;
4) The inmate shall be confronted of the reported and
violation and asked how he/ she pleads to the charge. 17) Failure to turn over any implement/ article/ s issued
If he/ she admits the violation or pleads guilty, the after work detail.
Board or the Warden, as the case may be, shall impose
the corresponding authorized disciplinary action; GRAVE OFFENSES:
5) If the inmate denies the charge, a summary hearing
shall be held allowing both parties to present their 1) Making untruthful statements or lies in any official
testimonies and those of their witnesses, if any, and communication, transaction, or investigation;
to present evidence to shed light on the case;
6) After the hearing, the board shall decide with the 2) Keeping or concealing keys or locks of places in the
merits of the case as basis; jail which are off-limits to inmates;
7) Whether the inmate is found guilty or not, he/ she 3) Giving gifts, selling, or bartering items with jail
should be advised to obey the rules and regulations personnel;
strictly and be reminded that good behavior is 4) Keeping in his/ her possession money, jewelry,
indispensable for his/ her early release and/ or the cellular phones or other communication devices and
granting of privileges; and other items classified as contraband under the rules;
8) Decisions of the Board are subject to review and 5) Tattooing others or allowing him/ her to be tattooed on
approval by the warden whose decision should be final any part of the body, or keeping any paraphernalia to
and executory. be used in tattooing;
6) Forcibly taking or extorting money from fellow
inmates and visitors;
Section 30. PUNISHABLE ACTS – An inmate is strictly 7) Punishing or inflicting injury or any harm upon
prohibited from committing any of the following acts: himself/ herself or other inmates;
8) Receiving, keeping, taking, or drinking liquor and
MINOR OFFENSES: prohibited drugs;
9) Making, improvising, or keeping any kind of deadly
1) Selling or bartering with fellow inmate(s) those items weapon;
not classified as contraband; 10) Concealing or withholding information on plans of
2) Rendering personal service to fellow inmate(s); attempted escapes;
3) Untidy or dirty personal appearance; 11) Unruly conduct and flagrant disregard for discipline
4) Littering or failing to maintain cleanliness and and instructions;
orderliness in his/ her quarters and/ or surroundings; 12) Escaping, attempting, or planning to escape from the
5) Making frivolous or groundless complaints; institution or from any guard;
6) Taking the cudgels for or reporting complaints on 13) Helping, aiding or abetting others to escape;
behalf of other inmates; 14) Fighting, causing any disturbance or participating
7) Reporting late for inmate formation and inmate therein and/ or agitating to cause such disturbance or
headcount without justifiable reasons; and riot;
8) Willful waste of food. 15) Indecent, immoral or lascivious acts by himself/
herself or others and/ or allowing himself/ herself to
LESS GRAVE OFFENSES: be the subject of such indecent, immoral or lascivious
acts;
1) Failure to report for work detail without sufficient 16) Willful disobedience to a lawful order issued by any
justification; BJMP personnel;
2) Failure to render assistance to an injured personnel or 17) Assaulting any BJMP personnel;
inmate; 18) Damaging any government property or equipment;
3) Failure to assist in putting out fires inside the jail; 19) Participating in kangaroo court, an unauthorized or
4) Behaving improperly or acting boisterously during irregular court conducted with disregard for or
religious, social, and other group functions; perversion of legal procedures as a mock court by the
5) Swearing, cursing, or using profane or defamatory inmates in a jail/ prison;
language directed at other persons; 20) Affiliating with any gang or faction whose main
6) Malingering or pretending to be sick to skip work purpose is to foment regionalism or to segregate
assignments; themselves from others;
7) Spreading rumors or malicious intrigues to besmirch 21) Failing to inform the authorities concerned when
the honor of any person, particularly BJMP personnel; afflicted with any communicable disease, such as
8) Failure to stand at attention and give due respect when tuberculosis, sexually-transmitted diseases, etc.;
confronted by or reporting to any BJMP personnel; 22) Engaging in gambling or any game of chance;
9) Forcing fellow inmates to render personal service to 23) Committing any act which violates any law or
him/ her and/ or to others; ordinance, in which case, he/ she shall be prosecuted
10) Exchanging uniforms or wearing clothes other than criminally in accordance with law; and
those issued to him/ her to circumvent jail rules; 24) Committing any act prejudicial to good order and
11) Loitering or being in an unauthorized place; discipline.
12) Using the telephone without authority from the desk
officer/ warden;

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Any personnel, especially the warden, found to be 5) Desk Officer. Records the release of the inmate and the
allowing and tolerating any violation mentioned above will condition of the inmate upon his/ her release.
be immediately relieved from his/ her designation without
prejudice to his or her being administratively charged. 6) Jail Warden. Reports to concerned agencies/ persons
the release of inmates for an aftercare program. Upon
Section 31. MODES AND GUIDELINES FOR RELEASE – release of the inmate, the warden shall notify the
following agencies/ persons:
1) The following modes and guidelines shall be observed
when inmates are to be released from detention: ⎯ Barangay Captain - mandatory Priest or religious
a) An inmate may be released through: minister - mandatory
b) Service of sentence; ⎯ Family - if release is not witnessed by any
c) Order of the Court; member of the immediate family
d) Parole; ⎯ Court - in case of convicted inmate
e) Pardon; and
f) Amnesty.
2) Before an inmate is released, he/ she shall be properly RULE IV
identified to ensure that he/ she is the same person TREATMENT OF INMATES WITH SPECIAL NEEDS
received and is subject of release. His/ her marks and
fingerprints shall be verified with those taken when he/
she was received. Any changes or differences in Section 34. HANDLING INMATES WITH SPECIAL NEEDS
his/ her distinguishing marks and scars shall be – The following guidelines shall be observed in handling
investigated to ascertain his/ her real identity in order inmates with special needs:
to prevent the mistaken release of another person;
3) No inmate shall be released on a mere verbal order or 1) Female. The female dorm should be completely
an order relayed via telephone. The release of an separated from the male dorm; A female personnel
inmate by reason of acquittal, dismissal of case, shall be designated to keep the keys of the female
payment of fines and/ or indemnity, or filing of bond, dorms.
shall take effect only upon receipt of the release order 2) Drug Users/Dependents/Alcoholics. Inmates found to be
served by the court process server. The court order drug users/ dependents/ alcoholics should be
shall bear the full name of the inmate, the crime he/ segregated from other inmates, especially during the
she was charged with, the criminal case number, and withdrawal period.
such other details that will enable the officer in charge 3) Mentally ill. Inmates manifesting signs and symptoms of
to properly identify the inmate to be released; mental illness must be referred to the jail psychiatrist
4) Upon proper verification from the court of the for evaluation and treatment.
authenticity of the order, an inmate shall be released 4) Lesbian, Gay, Bisexual, Transgender (LGBT). Segregate
promptly and without unreasonable delay; LGBTs to prevent their maltreatment and abuse by
5) Under proper receipt, all money earned, and other other inmates and to prevent them from maltreating
valuables held and entrusted by the inmate upon and abusing other inmates.
admission shall be returned to him/ her upon release; 5) Sex Offenders. Inmates charged with sexually related
and crimes should be segregated to prevent them from
6) The released inmate shall be issued a certification of taking advantage of other inmates.
discharge from jail by the warden or his/ her 6) Suicidal Inmates. Inmates manifesting signs and
authorized representative. symptoms of depression/ suicidal tendency must be
referred to the jail psychiatrist for evaluation and
Section 32. PROCEDURE ON RELEASING – The procedures management.
shall be observed when inmates are to be released from 7) Sex Deviates. Homosexuals should be segregated
detention. immediately to prevent them from influencing other
inmates or being maltreated or abused by other
1) Desk Officer. Upon receipt of the release order, the inmates.
desk officer shall coordinate with the paralegal officer 8) Escape-Prone Inmates. Escape-prone inmates should
for verification of the authenticity of said order. be held in the most secure quarters, preferably in
single-inmate cells, to minimize their contact with
2) Paralegal Officer. Verifies the authenticity of the one another. Telephone calls must be restricted and
release order. only calls that can be monitored through an extension
line shall be allowed.
3) Records/Admin Officer. 9) Inmates with Disability. Inmates with a disability
a) Starts processing inmate’s release. should be segregated and closely supervised to
b) Check inmate records to ensure that the data in protect them from maltreatment and any form of
the release order coincides with the data in the abuse by other inmates, personnel, and visitors.
inmate’s carpeta (spelling of name, offense, 10) Children in Conflict with the Law (CICL). Pursuant to
Criminal Case Number, etc.). RA 9344, CICL shall not be confined in jails. Hence,
c) Check that the inmate has no other pending case/ serious efforts shall be exerted by Wardens to
s. Routes the release paper to different immediately transfer the custody of any CI CL to a
signatories. Youth Detention Home or Youth Rehabilitation Center.
a) Upon admission, CI CL shall be subjected to a
4) Property Custodian. Checks on the receipt of property thorough physical examination. The results of
and returns to the inmate his/ her deposited items. such examination shall form part of the records of
Makes sure that returned items of the inmate are duly the case of the CI CL;
received and properly recorded. b) Provide a separate detention cell for CI CL;

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c) Continuously coordinate with the Public 3) A secured visiting area for inmates’ visitors;
Attorney’s Office (PAO) for the provision of 4) A secured multi-purpose area for inmates’
paralegal assistance to expedite CI CL cases; activities and an area for livelihood activities;
d) Continuous coordination and follow-up of CI CL 5) Armory and storage lockers for inmates’
cases should be made to facilitate the provision of valuable items and other equipment;
appropriate intervention programs by the DSWD; 6) Operational closed circuit televisions (CCTV)
e) The “Law on Proportionality" in the strategically mounted to monitor jail premises
implementation of rehabilitation programs should and all activities therein;
be observed making said rehabilitation programs 7) A two-way communication system to be used by
distinct and different from those given to adult the officer of the day, supervisor, desk officer, and
inmates; other personnel on duty; and
f) Unless absolutely necessary, a child in conflict 8) Equipment necessary to sustain the operability of
with the law should not be handcuffed nor other utilities, communications, security, and fire
instruments of restraint applied on him/ her, protection equipment at all times.
when he or she attends hearings or when he or
she is brought to the hospital or is transferred to B. To ensure that minimum standards in security and
other institutions; control are maintained, the following policies,
g) The use of vulgar or profane words should be guidelines, and procedures shall be strictly
avoided in dealing with CI CL; implemented in all jail facilities:
h) CI CL should not be required to wear prison
uniforms; and 1) All inmates must be searched thoroughly by the
i) Upon release from confinement, the records of the duty personnel whenever they enter or leave the
CI CL shall be sealed, and at an appropriate time, security areas;
expunged. 2) Conduct surprise searches on inmates and
inspection of their quarters and other areas
11) Senior Citizen Inmates. Senior citizen inmates should accessible to inmates at least once a week to
be segregated and closely supervised to protect them detect and flush out contraband;
from maltreatment and other forms of abuse by other 3) Maintain a journal of activities, emergency
inmates. situations, and unusual incidents;
12) Infirm Inmates. Inmates with contagious diseases 4) Maintain a key control center for storing keys that
must be segregated to prevent the spread of said is inaccessible to inmates and unauthorized
contagious diseases. persons. There shall be an accounting system for
13) Pregnant Inmates/Female Inmates with Infants. issuing and returning keys. There shall be a
Pregnant inmates must be referred to a jail physician reporting system for documenting and repairing
or nurse for pre-natal examination. During active broken or malfunctioning keys or locks. Inmates
labor, pregnant inmates should be transferred shall be prohibited from handling jail security
nearest government hospital. Treatment of t h e keys;
mother and her infant/ s shall be in accordance with 5) There shall be one (1) full set of duplicate keys,
the BJMP Policy (Refer to DIWD Manual). secured in a place accessible only to jail
14) Inmates of Other Nationalities. The Warden shall report personnel for use in the event of an emergency.
in writing to the Bureau of Immigration and the These keys shall be marked for easy identification
respective embassies of the detained foreigners the during adverse conditions;
following: 6) Continuous inspection and maintenance of all
a) Name of Jail; locks. Replace locks as often as possible and
b) Name of Foreigner; never allow inmates to install locking systems in
c) Nationality and the number of his/ her Alien the cell gates and to possess their own padlocks
Certificate of Registration, if any; for purposes of locking themselves in their cells.
d) Age/ Sex; This will cause delays for personnel conducting
e) Offense Charged; regular cell searches and inspections;
f) Case Number;
g) Court/ Branch; 7) Maintain strict control of firearms such as, but not
h) Status of Case; and limited, to the following:
i) Additional data information. ✓ Never allow any personnel with firearms in
areas of inmates and/ or in any area intended
for inmates’ activities;
RULE V ✓ Never allow inmates in the workplace of
CUSTODY, SECURITY AND CONTROL, EMERGENCY PLANS, personnel or in areas where firearms are
MOVEMENT AND TRANSFER OF PRISONERS AND authorized; and
DETAINEES ✓ Secure firearms and anti-riot equipment in
the armory located within easy reach of jail
personnel in case of emergencies but not
Section 35. CUSTODY, SECURITY AND CONTROL accessible to inmates.

A. Each jail shall, as much as practicable, maintain the 8) All firearms, ammunition, chemical agents, and
following minimum standards concerning the security related security and emergency equipment must
of the facility: be inventoried and tested at least quarterly to
determine their condition and expiration dates, as
1) An established security perimeter. In every jail, the case may be. This shall include regular
there shall be a defined, controlled security inspection of fire extinguishers and other
perimeter; detection and suppression systems available;
2) A secured office for personnel;

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9) Conduct regular count of inmates at least five to 5) In case of an accident while en route, escort personnel
six (5-6) times within a 24-hour period and strictly shall secure and observe the inmates inside the
implement the established procedures in counting vehicle, and let them stay inside the vehicle as much
inmates (See Section 35). Personnel conducting as possible. Apply first aid to injured inmates when
the count shall record the result; necessary, while waiting for law enforcement and
emergency assistance. The chief escort shall also be
10) As regards the use of force: informed about the incident and be updated of the
a) Use of force shall be limited to instances of development in the situation;
justifiable self-defense, prevention of self-
inflicted harm, protection of others, 6) The following basic security precautions shall be
prevention of riot, commission of a crime, observed during transport of inmates:
escape or other jail disturbance, and to a) Regard all inmates being transported as extremely
controlling or subduing an inmate who dangerous;
refuses to obey a lawful command or order; b) The escort shall always be on guard for any
b) Use of force shall be limited to the amount of possible attack or ambush;
force necessary to control a given situation c) While in court premises, firearms shall be
and shall include a continuum of escalating unloaded. However, when escorting the inmate to
force levels; and from the vehicle, the same shall be properly
c) An examination and/ or treatment by health loaded with ammunition;
personnel shall be provided to prisoners or d) Never stop for a disabled motorist or road mishap
staff involved in a use of force incident when while transporting inmates but notify the local
there is obvious physical injury or there is a enforcement unit or the highway patrol regarding
complaint of injury or request for medical the incident;
attention; and e) In case of involvement in a road accident and no
d) Use of force incidents shall be recorded and traffic authority is present or cannot arrive in the
reviewed by the Warden. shortest possible times, the position of the
vehicles and the damage incurred including skid
Section 36. INMATES COUNT – mark, if any, shall be immediately photographed
or sketched and before leaving, provide the driver
It is imperative that at specified times during each of the other party a contact number of the jail.
24-hour period, all inmates are physically counted. For this Once the inmate was returned to the jail,
type of count, the general procedures are as follows: immediately coordinate with the traffic authorities
having jurisdiction in the place of incident;
a) Count each inmate physically at specified times or
as necessary; B. Chief Escort
b) During the count, ensure that all movements of
inmates are stopped until the count is completed; 1) Coordinates with the records section chief and
c) The count must be accurate. Make a positive determines the number and names of inmates
verification to ascertain that the inmates are scheduled for court hearing as well as their
physically present. Refrain from conducting a respective destinations as approved by the
count on the basis of only having seen any part of warden;
his clothing, hair or shoes; 2) Conducts guard mounting and accounting of the
d) Submit a report of each count of a group of members of t h e escort unit and carefully
inmates to the warden and/ or assistant warden inspects their service firearms including other
(officer of the day); and equipment to be used;
e) If the total jail count does not tally with the total 3) Ensures that the driver has checked the vehicle
jail population at any given time, conduct another and ascertained BLOW BAGETS is observed;
count. Render an immediate report to the warden
and/ or assistant warden (officer of the day) ❖ BLOW BAGETS in driving means: Battery, Lights,
relative to any unaccounted inmate. Oil, Water, Brake, Air, Gas, Engine, Tire, and Self.

C. Escort Personnel
Section 42. RULES TO BE FOLLOWED WHEN
TRANSPORTING INMATES – 1) Check the identity and receive the inmate named
in the Daily Escort Slip duly signed by the Chief
When moving/ transporting inmates, the following Escort;
shall be observed: 2) Keep/ maintain a copy of current profiles and
photos of all inmates being transported for
A. General Precautions immediate submission to local law enforcement
units in the event of an escape or other
1) Whenever possible, the transfer shall only be made emergencies.
during daytime; 3) Transport and secure the inmate as assigned;
2) Long-distance transport of one (1) or more inmates
shall be escorted by a minimum of three (3) escort D. Use of Restraints
personnel and a backup vehicle, if available;
3) The most direct and shortest route to the destination 1) In all instances, an inmate being moved shall be
shall be taken and no deviation shall be allowed except handcuffed. When two or more inmates are
when security consideration requires otherwise; transported, each must be secured to the other. In
4) Escort personnel are justified in using deadly force to no case shall an inmate be handcuffed in any part
protect themselves and/ or the inmate/ s from ambush of the vehicle during transit to avoid being trapped
or any deadly attack while in transport; in case of an accident. Use additional restraints,

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or limited restraints for special needs, when who willfully disobey lawful order and commit any
necessary shall be authorized. infraction of law; and
2) Guidelines for using restraint: c) Conduct of greyhound operations and inspections
a) Never place a restrained inmate in an area of jail facilities and premises.
where unrestrained inmates are located;
b) Never handcuff an inmate without double- 2) Assistant Warden
locking both handcuffs;
c) Never handcuff a male inmate with a female a) Assumes the duties and responsibilities
inmate; appurtenant to the warden in the latter’s absence;
d) Never handcuff an adult inmate with a b) Assists the jail warden in the implementation of
juvenile inmate; plans, programs and policies of the Jail Bureau;
e) Never handcuff a maximum risk inmate with c) Assists the jail warden in the supervision and
a medium or minimum risk inmate; monitoring of various projects, programs and
f) Observe right to right/ left to left when policies of the Jail Unit;
placing handcuff; and
g) Restraint shall never be used as a 3) Human Resource Management Officer (HRMO)
punishment.
a) Supervises the implementation of administrative
E. Special Concerns policies relative to the proper wearing of
uniform, attendance and participation in jail
1) Illness En Route. In the event that an inmate functions;
becomes gravely ill while en route and there is no b) Implements programs for welfare development
medical assistance available, the escort and uplift of morale and discipline;
personnel shall make an arrangement for a c) Prepares the necessary reports for submission to
medical examination at the nearest government PA and the Regional Office;
hospital or medical facility
2) Escape. If an inmate escapes during transport, the
escort personnel shall exhaust all means possible CUSTODIAL PROCEDURES
to immediately apprehend the inmate; If more than
one (1) inmate is being transported, at least one (1) The warden is required to be present on a 24/ 7
personnel shall remain with the inmates still in basis to supervise personnel and direct the operations of
custody; his or her jail unit. Chaos, untoward incidents, and unsound
subordinates' decisions often result from the absence of an
officer particularly during emergencies.
Section 44. REGULAR DRY- RUN –
RULES AND SOP’S
To ensure that the contingency plans would be
applied to the letters, regular dry run shall be conducted 1) Custodial personnel shall render a maximum of 8
taking into consideration the actual strength of the jail per hours of operational tour-of-duty daily;
shift and the absolute reaction of personnel on off duty 2) No personnel shall render less than 50 hours of official
upon notice of disturbance/ s. Regional and provincial tour-of-duty weekly;
offices of the Jail Bureau shall adopt its own contingency 3) No personnel shall be allowed 1-day duty with 2-days
plans on how to react upon notice of any disturbance in the off; or 2-day-duty with 3-day-off; or weekly straight
jail and on its own offices. The same shall likewise conduct duty, especially in far-flung jail units;
a regular dry-run to ensure an effective and well- 4) No personnel shall be permitted, allowed or
organized reaction. authorized by the warden to act as his personal body
guard or as Intel officer without approval by higher
headquarters. The designation of personnel as
RULE VI personal body guard or intel officer of the warden, if
DUTIES AND RESPONSIBILITIES OF BJMP PERSONNEL IN any, shall be covered by a "Letter Order" and not by a
THE FRONTLINE SERVICE "unit office order only;
5) In-coming duty custodial shall be present 30 minutes
Section 45. DUTIES AND RESPONSIBILITIES OF BJMP before the turn-over to pave the way for <guard
PERSONNEL ASSIGNED IN JAILS – mounting activity;"
6) Accounting of inmates shall be done at least 6 times in
The following are the specific duties and a day. No personnel shall carry his gun while in the
responsibilities of personnel assigned in a designated <No Firearm= Zone inside the jail facility. No
particular jail: personnel shall enter the jail building unless
accompanied by his buddy;
1) Jail Warden. The jail warden generally exercises 7) Practice of and adhere to Jail Officers <COMMON
supervision and control over all personnel in the jail SENSE= and <OPLAN GREYHOUND= are musts all the
unit and the inmates in all matters related to the among jail officers;
following: 8) Never TRUST inmate. ZERO escape is everybody’s
business; and
a) Proper implementation of legal orders, rules and
regulations and directives on jail operation and
administration; SPECIFIC FUNCTIONS

b) Administration of sanctions and other disciplinary 1) Officer-of-the-Day (OD)/ Chief Custodial Unit. Assists,
actions on inmates and reporting to higher advises, and recommends to the warden plans or
authority those personnel under his command strategies regarding jail situation, personnel

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deployment and activities to be undertaken inside the f) Neutralize threat as necessity calls for it;
jail facility; g) When a threat is far too strong, the personnel
2) Shift/Duty Supervisor: Acts as a model to his concerned should immediately call for backup
subordinates and emphasizes the promptness and from other jail units and friendly forces in the
punctuality, cooperation, and 100% attendance of his area; and
team members; h) When threats have been neutralized, the
3) Desk Officer: Observes strictly proper recording and personnel concerned shall identify the attackers,
entry of activities in the logbook and records secure those who have survived, account
comprehensively and legibly all entries of events and personnel and inmates, and call/ request for the
activities in jail; call assistance of the nearest PNP in the area.
4) Gate Supervisor: Supervises/ monitors the conduct of
searchers and other duty personnel at the gate;
5) Main Gate JNCO: The main gate shall function as the SECTION 46. SPECIAL TACTICS AND RESPONSE (STAR)
primary check point where anybody or material shall TEAM
be subjected to rigid inspection before he/ she or it be
allowed entry into the facility; It is an elite tactical unit trained to perform high-risk
6) Secondary Gate Guard: The secondary gate shall operations that fall outside the operational abilities of the
function as final check point before anybody or regular BJMP personnel and is equipped with specialized
anything shall be allowed entry the heart of the facility; skills and sophisticated firearms and equipment. A ready
7) Main Cell Gate Control JNCO: The main cell gate JNCO force is composed of highly trained BJMP personnel and
shall function as main check point before any inmate experts in dealing with high-risk, high-profile inmates and
shall be allowed to go outside; VEO’s, as well as in controlling critical jail disturbances and
8) Roving Guard: Must not stay long in a place and nor incidents
remain thereat for the duration of TOD;
9) Tower Guard: Acts as the eyes of the whole facility for Scope of Jurisdiction
the duration of TOD; hence, must be very alert and
observant; 1) The BJMP-NHQ STAR Team shall be under the
direct command and supervision of the Director,
SEARCHES – PROCEDURES Directorate for Operations.
2) The BJMP Regional STAR Team shall be under the
Specific Functions of Searchers: direct command and supervision of the Regional
Director.
1) Searcher must aim for zero (0) contraband-slipping 3) Upon deployment of the STAR Team, commands/
through him/ her or smuggling into the jail facility orders shall emanate from the Team Leader.
during his/ her duty as searcher;
2) Must be professional, exercising prudence and sound Duties and Responsibilities
judgment, respecting the rights of visitors or
personnel whom he or she subject to search; 1) Shall serve as the last resort in addressing crisis in
3) Searcher shall be strict and firm in his/ her decision jail.
but must his/ her decision must be within the purview 2) Shall augment the force during court hearings of
of existing BJMP memoranda, rules, regulations and high risk/ high profile inmates and other similar
SOP’s; tasks.
4) Strip or body cavity search shall be done 3) Escorts high ranking/ key officers and other
professionally in the designated search room wherein dignitaries of state.
the searcher is accompanied by the duty personnel 4) Performs other task/ functions as the Chief, BJMP/
who supervises and witnesses search conducted. The Regional Director may direct.
searcher must wear latex glove;
5) Searcher must have at least one (1) buddy and shift Team Composition and Basic Functions
supervisor during searches;
1) Team Leader. Must have the rank of inspector, at
least; Must be a graduate of STAR Course, CQB or
Escort Procedures SWAT;
2) Assistant Team Leader. Must be the most senior
1) In times of Attack, Rescue Attempt: JNCO; Must be a graduate of STAR Course, CQB or
SWAT;
a) The maxim <Kill when imperative than to be killed" 3) Communication JNCO. Responsible in command
should be applied. However, the personnel post operations, radio communications,
concerned should always observe the salient communication codes and video recording (if
provisions in the rules of Engagement before available) between the team and the command
resorting to such violent action. post;
b) When fired upon, the driver shall outrun the 4) Supply JNCO. Prepares request for logistical
attackers if possible; needs;
c) If it is impossible to outrun the attackers, pull over 5) Other Members
along the road or in an area where there can be a
barrier for cover is recommended;
d) Personnel should observe and find out where the SECTION 47. QUICK RESPONSE TEAM (QRT)
firepower is coming from;
e) As much as possible and unless the threat is such It is created purposely to respond immediately and
very serious as to result in personnel-casualties efficiently and to contain, control, and solve in the
or inmate casualties, the personnel should not shortest possible time any form of jail incidents/
engage with the enemy; disturbance while waiting for the arrival of reinforcement

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from the National/ Regional STAR team/ s and friendly b) Holding Area Security Elements – They shall
forces. secure the holding area of the inmates.

Scope of Jurisdiction: Shall be under the command and 2) Contraband Search and Seizure Teams - They shall be
control of the jail warden, or in his absence, the assistant responsible in thoroughly searching and checking the
warden or the most senior JCO/ JNCO. quarters of inmates and personnel for contraband and
such other items that may pose hazards to the overall
Duties and Responsibilities: Acts as first responder to any security of the facility.
jail incidents.
a) Team Supervisor
Team Composition: Team Leader, Assistant Team Leader, b) Searching Elements
and Members c) Inmate Representative

3) Friskers
Section 48. NATIONAL INMATES’ MONITORING SYSTEM
(NIMS) – a) Friskers of Personnel - They shall have all
operatives designated to frisk inmates and cell
A dynamic stand-alone client application software searchers frisked before the conduct of the
is used in Bureau of Jail Management and Penology (BJMP) search and seizure operations.
Jails nationwide to automate the inmates’ records. b) Friskers of inmates - They shall have all
inmates lined up and frisked before sending
SCOPE: NIMS is currently installed in all BJMP jails them to the holding area.
nationwide. Which includes, but not limited to: c) Strip Searching-in-Charge - He shall primarily be
responsible, when deemed necessary, to have
✓ 460+ Jails inmates stripped in search for contraband.
✓ Jail Provincial Administrator’s (JPA) Offices
✓ BJMP Regional Offices 4) Contraband Custodian - He shall be primarily
responsible for taking custody of all confiscated
contraband before these are turned over to the jail
SECTION 49. GREYHOUND FORCE – warden.
a) Contraband Inventory Control-in-Charge - He
It aims to eliminate in all BJMP manned facilities any shall be responsible in maintaining a theoretical
form of contraband that could have adverse implications on and an actual inventory account of all confiscated
the overall administration of the facilities and to ultimately contraband.
establish order in all jails, promote operational efficiency,
and encourage adherence to prescribed operating policies. 5) Contraband Recorder - He shall be responsible for the
on-site recording of all contraband confiscated.
Duties and Responsibilities
a) Facility Representative - He shall act as the
1) Ground Commander - All orders concerning troop representative of the jail warden of the facility
movements will emanate from him. Irrespective of the inspected.
hierarchy of command, no authority shall take b) Contraband Sorters - They shall take primary
precedence or overrule his directives until his relief as responsibility for sorting, labeling and confiscated
ground commander. contraband.
2) Team Leaders - Sub-groups or teams that make up
every task group will each have its designated team
leader. The team leader shall take direct hand in SERVICE SUPPORT GROUP
overseeing the movements of the elements of his team
while simultaneously maintaining close coordination 1) Medical Support Team - A stand-by medical unit
with the ground commander. He shall take shall take responsibility for attending to medical
responsibility in maintaining fluidity in the execution of cases, and giving proper medical attention.
his team’s designated functions. He shall regularly
inform the ground commander about the status or 2) Intelligence Support Services Team - They shall
progress of the operation. gather information before and during the conduct
3) Assistant Team Leaders - Sub-groups or teams that of operations to enable the operating teams to
make up every task group will each have its designated accurately purge its targets.
assistant team leader. The assistant team leader shall,
in aid of the team leader, be responsible in overseeing 3) Investigation and Legal Services Support Group -
the movements of the elements of the team. He shall They shall be responsible for information
take custody of the personal belongings of the gathering and facility inspection after the conduct
operatives. of Greyhound Operations to ensure that the items
confiscated were not returned inside the facility.

OPERATIONS GROUP 4) Administrative Support Team - They shall be


responsible in the detailed documentation of the
1) Security Teams – They shall ensure the security of progression of the operations.
operatives throughout the span of the operation.
CRISIS MANAGEMENT GROUP
a) Perimeter Security Elements – They shall secure
the perimeter of the facility. 1) Negotiations Team - In crisis situations where
negotiations are practicable it will be the role of

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the negotiations team to establish meeting points Section 56. USE OF FORCE CONTINUUM –
to neutralize the situation. In deteriorating crisis
situations it will be their role to sustain making The use of force continuum is an escalating level
arrangements until the intervention of crisis of force commencing from no force, to non-deadly force
response authorities. and ultimately, to deadly force. In dealing with the use
of force continuum, the following rules shall be observed:
2) Liaison Team - They shall be responsible in
providing for tasks or errands incidental to the A. The decision on the appropriateness of the level of
crisis situation/ operations. force to be used in a given situation depends entirely
on the judgment of the warden or his duly authorized
3) Tactical Response team - If a crisis deteriorates representative or other jail personnel confronted with
beyond the capabilities of the BJMP to handle, the a situation requiring the use of force.
aid of an ally tactical response team will be
sought. B. NO FORCE CONTINUUM

COMMUNICATIONS AND MEDIA CONTROL GROUP 1) General Principles: Any Jail Officer in the performance
of his duty shall:
1) Media Barricade - They shall be responsible in
controlling/ regulating media access to the subject a) Display an authority figure tempered with
jail facility of the Greyhound Operation. patience to maximize efforts to listen and discern
2) Spokesperson - He shall be responsible in making between institutional and personal issues,
informative disclosures to media about the demands, and sentiments of the individual or
operations as directed by the ground commander. group of individuals;
b) Use tactful persuasive language to gain willing
cooperation in discussing and addressing the
RULE VII various concerns that triggered the disturbance;
USE OF FORCE AND WEAPONS c) Exhaust all persuasive efforts to settle the issues,
demands, and sentiments without compromising
Section 55. GENERAL RULES – to security matters about escape, attempt of
escape, threat of harm or injury to the staff, other
1) Under all circumstances, the use of force is justifiable inmates, or visitors;
only by virtue of the Doctrines of Self-Defense and d) Not, in any instance, use unacceptable language
Defense of a Stranger; that would demean or antagonize the status of the
2) The use of force shall not be resorted to except when inmate as a person;
strictly necessary for the maintenance of security and e) Not, in any instance, draw, un-holster or point any
order, or when personnel’s safety is threatened; firearm to anyone that may cause reactions that
3) The use of force shall not be resorted to except in self- will aggravate the situation or necessarily
defense or in the defense of others against grave and antagonize anyone; and
imminent threat of death or serious injury, or when f) Exercise maximum tolerance in dealing with
strictly necessary such as escape of an inmate; hostile, arrogant taunting inmates.
4) As far as possible, non-violent means must be
exhausted prior to the use of deadly force; 2) Specific Principles
5) Whenever the lawful use of force and firearms is
unavoidable, jail officers shall: RIOT [Open Field]

a) Exercise restraint in such use and act in a) Use of negotiation, persuasion and verbalization
proportion to the seriousness of the offense and to contain, pacify, subdue, and control incident.
the legitimate objective to be achieved;
b) Minimize damage and injury, respect human b) Assessing the danger of the situation by
rights, and preserve human life; considering the number of inmates involved in the
c) Ensure that assistance and medical aid are riot, whether or not inmates are armed, the violent
rendered to the injured as soon as possible; and reputation of apparent leaders, and external
d) Ensure that relatives or close friends of the factors such as the weather, time, possibility of
injured or affected person are immediately escalation, and other external threats.
notified as early or as soon as possible.
RIOT [Close Field]
6) Where injury or death is caused by the use of force and
firearms, the jail officer shall immediately render a a) Use of negotiation, persuasion, and
detailed narrative report on the incident to his verbalization to contain, pacify, subdue, and
superiors; control incidents.
7) The personnel shall be trained on the use of force and
firearms; and b) Noise Barrage
8) If necessary, stress counseling should be provided to ✓ Lock up inmates to ensure perimeter security.
jail personnel who had been directly involved in ✓ Dialogue and negotiate with inmates. If
incidents where force and, or firearms, were used. inmates are compliant, gather all inmate
leaders for further dialogue and an open
forum.
✓ Never resort to any use of force as long as
inmates are only doing noise barrage and the
incident does not escalate into a more serious
one.

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control of the situation and that there is no


c) Hostage taking. The warden or his duly authorized possibility that the assaulting inmate may attack
representative must consider the following again.
factors before making any decision regardless of
the demands of the hostage takers: SECTION 57. NON-DEADLY FORCE CONTINUUM
✓ Whether or not hostage taker/ s is/ are armed;
✓ Whether or not the victim is a fellow GENERAL PRINCIPLES:
inmate, jail personnel, or civilian;
✓ Number of inmates involved in the hostage- The warden or his duly designated representative or
taking; the team leader of the custodial and security force or the
✓ Number of hostages; and team leader of a task force shall:
✓ Length of time.
1) Ascertain or recognize that there is indeed a need to
⎯ Maintain and establish communication with assert authority over erring inmates after the
the hostage takers. I t is imperative that an exhaustion of efforts to settle issues, demands, and
experienced hostage negotiator be sentiments;
designated as the primary negotiator. The 2) Evaluate the situation and decide on the degree of non-
first five (5) minutes is critical, hence the jail deadly force to be employed taking into consideration
officer nearest the incident must apply verbal the following circumstances:
containment techniques by negotiating with ✓ The possibility that the incident could escalate
the hostage-taker until an experienced into a more serious one;
negotiator arrives. ✓ The skill and experience of the jail personnel
who will administer the non-deadly force; and
⎯ Evacuate inmates who are not involved with ✓ The compliance of inmates or their sincerity to
the incident into a more secure place to avoid negotiate for surrender.
taking advantage of the situation and to 3) Continue negotiation notwithstanding the use of non-
ensure their safety. Contain the scene of the deadly force. Resume negotiation if inmates show a
incident by putting up a security perimeter willingness to cooperate.
that will prevent others from entering the 4) Resort to non-deadly force when the use of words
scene except the responder. does not control and the use of a deadly weapon is
inappropriate.
d) Lockdown 5) Authorize the use of non-deadly force in cases where
inmates are non-compliant despite verbal
⎯ Immediately contain the controlled facility. If containment or the gravity of the situation dictates that
the inmates control only a portion of the verbal containment is not appropriate.
facility, immediately evacuate non- 6) Authorized use:
participating inmates to the unaffected
portion for their safety. Physical contact
⎯ Immediately conduct a dialogue with the
inmates. As much as possible, find out their a) Jail Officers must be adequately and appropriately
demands and negotiate the surrender of the trained for the purpose. The height, build, and age
controlled portion of the facility. of the inmate must also be taken into
⎯ Ensure tight security of the perimeter fence consideration in selecting the most appropriate
to avoid inmates taking advantage of the jail officer.
situation. b) Inmates must not be armed.
c) Blows must be directed to non-fatal parts of the
e) Rescue. The warden or his duly authorized body such as hands, legs etc.
representative must consider the following
factors in decision-making: Chemical/Electrical/Inflammatory (CEI) agents
✓ The firepower and number of rescuers; and a) Resort to or use of this kind of weapon only when
✓ In rescue while in transit, presence of there are personnel trained for the purpose. Prior
civilians, and danger of cross-fire. to the use of CEI agents, a paramedic must be
available to provide first aid.
⎯ Negotiation must be used to pacify, control, b) The use of CEI weapons should be exercised with
and subdue the situation. I t is also used to due diligence since sparks from these weapons
ascertain the goal of the rescuers and may are capable of igniting flammable materials thus
help the warden or his duly authorized causing more serious harm (e.g. fire and
representative arrive at a better decision. explosion) and injury;
⎯ Secure the rest of the inmates who are not c) The health and physical condition of inmates must
involved in the incident. be taken into consideration in choosing this non-
deadly force for this may be fatal to inmates with
f) Assault. The warden or his duly authorized asthma, etc.;
representative shall consider the following d) The ventilation of the area should also be taken
factors in decision-making: into consideration.
✓ Whether or not inmates are armed; and
✓ Whether or not the victim is a civilian, jail Impact weapons
personnel or fellow inmate. a) Only trained jail officers are authorized to use
impact weapons.
⎯ Negotiation must be used to pacify, control, and b) Fatal parts of the body must be avoided since
subdue the situation. No use of force is authorized these weapons are also capable of inflicting
if, after the assault, the authorities have regained serious and even deadly harm.

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7) The use of non-deadly force shall be authorized only Rescue


to temporarily incapacitate t h e inmate and bring a) Immediately alert the proper authorities as
him/ her back t o the control of the authorities. regards the rescue.
SPECIFIC PRINCIPLES b) In case of rescue inside the jail facility and the
rescuers are heavily armed, use CEI weapons to
Riot [Open Field] incapacitate the rescuers and rescue inmates. The
ventilation and the space must be taken into
a) With continued verbalization, ascertain whether consideration when using chemical weapons.
inmates are armed or not to determine the c) Never use CEI weapons in case of rescue while in
appropriate force to be used. transit if there are innocent civilians who might be
b) Isolate and secure non-participating inmates. affected.
c) I f inmates are unarmed but resistant, use d) As much as possible, in cases of rescue while in
impact weapons. transit, the nearest police station or the jail must
be immediately informed of the incident for
Riot [Close Field] proper backup.
e) Physical force and impact weapons shall be used
a) Carefully assess the situation to minimize the risk only when rescuers are armed.
to inmates and responding personnel.
b) Physical contact may be discouraged since this is Assault
a close field incident and it might endanger the life
of the responding jail officer. a) CEI weapon may be used to temporarily
c) Determine whether the use of chemical weapons incapacitate the assaulting inmate and to rescue
is appropriate. Consider ventilation and the the victim. Authorities may also use this to control
amount of chemical weapons to be used as it may the situation.
put the lives of the personnel or inmates at risk. b) Use physical restraint if the assaulting inmate is
d) Impact weapons shall only be applied by not armed.
trained personnel. c) Use impact weapons if inmates remain non-
e) Use other means of non-deadly force in a compliant after several hours of negotiation and if
proper and considerate manner. they are unarmed.

Noise barrage
a) At the first stage of violence, non-deadly force SECTION 58. DEADLY FORCE CONTINUUM
shall be considered.
b) CEI weapons may be used to pacify or subdue GENERAL PRINCIPLES
inmates only if the incident is escalating to
violence. The warden or his superior shall:
c) Non-deadly impact weapons shall be deployed
only when there is an apparent threat to life and 1) Notwithstanding the exercise of deadly force, exhaust
property. efforts of verbalization and persuasion to contain,
subdue, and control incident;
Hostage 2) Resort to use of deadly force only after failure of
a) If the hostage-taker is unarmed, the use of non- negotiation or non- deadly force intervention;
deadly force may be authorized. However, try to 3) Use deadly force only to incapacitate inmates or
minimize the risk of injury. restrict the mobility of inmates and the same should
b) If the hostage-takers are armed, impact weapons not be aimed at any fatal part of the body;
might be utilized to subdue the inmates. Careful 4) Do authorize the use of deadly force or non-deadly
evaluation of the situation is needed to determine force when no force is needed to resolve the situation
whether impact weapons are sufficient or not. and immediately order personnel concerned to
discontinue the use of deadly force after the necessity
Lockdown of using it has ended;
a) Determine how long the inmates have controlled 5) Include in his repertoire the threat to use deadly force
the facility. Reasonable time is dependent on each such as pointing a gun against an inmate;
situation and within the discretion of the 6) Employ deadly force only in defense of life or if there
authorities. is reasonable ground to believe that there is grave and
b) If inmates are unarmed, physical force is possible imminent danger to the life of the jail officer himself,
by individual restraint. It is also important to fellow jail officers, inmate/ inmates, and innocent
consider the number of inmates involved in the civilians; and
incident and the availability of manpower to 7) Exercise the use of deadly force with reasonable care
individually restrain each inmate and eventually and diligence to justify its use.
pull them out of the facility.
c) If inmates are armed, use chemical, electrical, and SPECIFIC PRINCIPLES
other inflammatory agents to control inmates.
d) Notwithstanding the use of non-deadly force, Riot [Open Field]
negotiation should be continuous. a) Deadly force shall be used if inmates are
e) Non-deadly force shall be immediately armed and uncontrollable or;
discontinued when it is apparent that the inmates b) When negotiation fails and lives are in grave
are ready to give up the controlled facility. and imminent danger.
c) Shall be used only after non-participating
inmates are properly isolated and secured.

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Riot [Close Field] 2) Advantages of warning shots:


a) Deadly force may be used only if despite the use
of non-deadly force, inmates remain non- a) Warning shots when exercised properly are
compliant. effective ways to stop a fleeing inmate or vehicle.
b) Before the use of deadly force, the authorities b) Firing warning shots would draw the attention of
should have properly identified the inmates other people to the ongoing commotion or
involved in the riot. incident.
c) It would caution other jail officers about the
Noise Barrage: Deadly force shall be employed if in case a ongoing commotion, thus making them respond
situation escalates into a serious condition or other immediately.
inmates have resorted to violence and have posed grave
and imminent danger to the lives of inmates and jail 3) Authorized situations:
personnel.
a) The shot should not be aimed at the fatal parts of
Hostage-taking the body or a particular person.
b) Since they constitute deadly force, warning shots
a) Deadly force may be used if there is a total failure must be exercised with due diligence and only if
of negotiation and the inmates remain non- the jail personnel reasonably believes that the
compliant despite the use of non-deadly force; inmate/ inmates pose a grave and imminent
b) If the hostage takers are armed; threat to the lives of innocent civilians, inmates,
c) A hostage or hostages had been killed; and and jail personnel in the area.
d) Immediately discontinue the use of deadly force if c) Warning shots are authorized in open fields but
there are signs that the use of force is not already not in closed fields. In giving a warning shot, extra
appropriate such as when hostage takers already prudence must be exercised to ensure that it will
show signs of surrender. not cause any injury to any person or damage to
property.
Lockdown
a) When the erring inmates have assaulted fellow SECTION 60. DEPRIVATION OF FOOD, WATER, AND
inmates who refused to participate in the ELECTRICITY DURING JAIL INCIDENTS
lockdown.
b) If there is a reasonable ground to believe that Advantages
there is grave and imminent danger to the lives of
inmates and personnel in the facility. a) The provision of food, water, and electricity can be
used by the jail personnel to negotiate with erring
Rescue inmates and possibly to gain some concessions
like the release of a hostage in exchange of food.
a) In case of rescue by outside forces or in any
situation during rescue where the lives of inmates Disadvantages
and personnel are in grave and imminent danger,
or when it is established that the rescuers are a) Food and water are objects of one's basic right,
determined to inflict harm or injury. which he or she should not be deprived of in all
b) If part of the facility is destroyed or if the jail cases and under any circumstances.
security is severely jeopardized by a rescue b) Deprivation of food and water is considered a
attempt. deadly force since continuous lack of these
c) Never use firearms in case of rescue while on necessities may result in weakening of the body
transit if it such would pose grave and imminent and this condition, if made to last for a long time,
danger to the lives of the people living in the area. may result in inmate's death.
c) Human rights groups may question the
Assault: When use of deadly force is authorized to deprivation, which may result in lawsuits against
incapacitate the assaulting party and prevent him from the personnel concerned.
attacking other people.
Authorized use

SECTION 59. WARNING SHOT a) The deprivation is authorized only when there is
reasonable ground to believe that there is an
1) Disadvantages of warning shot: imminent and grave danger to the lives of jail
personnel who deliver the food, water, or any
a) Warning shots may pose risks to innocent other necessities.
civilians, inmates, and jail personnel. b) It is authorized to cut the flow of electricity during
b) Warning shots may cause an armed fleeing the use of CEI weapons. The cutting-off, however,
inmate to fire back believing that the shot was must be for a limited time only.
intended to kill him. c) Authorized to reduce food and water but not to
c) Jail personnel could inadvertently shoot the deprive inmates throughout the incident.
inmate on a fatal part of the body resulting in his
death.
d) When exercised negligently, warning shots may
cause injury to persons or damage to property.

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Section 62. DECISION-MAKING IN THE USE OF FORCE 11) To maintain cleanliness in their cells and brigades
CONTINUUM – or jail premises and perform other work as may be
necessary for hygienic and sanitary purposes;
The decision on the appropriateness of the level of 12) To be entitled to Good Conduct Time Allowance
force to be used in a given situation depends entirely on the (GCTA) as provided by law; and
judgment of the incident commander, if any, or the warden 13) To be utilized as jail aides as designated by the
or his duly authorized representative or other jail warden himself, with the CONSENT OF THE INMATE/
personnel confronted with the situation requiring the use INMATES or upon the recommendation of the
of force. personnel.

RULE VIII
RIGHTS, PRIVILEGES, AND MISCELLANEOUS PROVISIONS

Section 63. RIGHTS OF INMATES –

Although the purpose of committing a person to


jail is to deprive him/ her of liberty in order to protect
society against crime, such a person is still entitled to
certain rights even while in detention. These rights are:

1) The right to be treated as a human being, and not to


be subjected to corporal punishment;
2) The right to be informed of the regulations
governing the detention center;
3) The right to adequate food, space, and ventilation,
rest, and recreation;
4) The right to avail himself/ herself of medical, dental,
and other health services;
5) The right to be visited anytime by his/ her counsel,
immediate family members, medical doctor or
priest, or religious minister chosen by him or by his
immediate family or by his counsel;
6) The right to practice his/ her religious beliefs and
moral precepts;
7) The right to vote unless disqualified by law;
8) The right to separate detention facilities or cells,
particularly for women inmates; and
9) If a foreigner, has the right to communicate with
his/ her embassy or consulate.

Section 64. PRIVILEGES ALLOWED TO INMATES –


Detainees may enjoy the following privileges:

1) To wear their own clothes while in confinement;


2) To write letters, subject to reasonable censorship,
provided that expenses for such correspondence
shall be borne by them;
3) To receive visitors during visiting hours. However,
visiting privileges may be denied in accordance
with the rules and whenever public safety so
requires;
4) To receive books, letters, magazines, newspapers,
and other periodicals that the jail authorities may
allow;
5) To be treated by their own doctor and dentist at
their own expense upon proper request from and
approval by appropriate authorities;
6) To be treated in a government or private hospital,
provided it is deemed necessary and allowed by
the rules;
7) To request free legal aid, if available;
8) To sport hair in their customary style, provided it is
decent and allowed by the jail rules;
9) To receive fruits and prepared food, subject to
inspection and approval by jail officials;
10) To read books and other reading materials
available in the library, if any;

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NON-INSTITUTIONAL CORRECTIONS when new trials or appeals to another court were


[Community-Based Corrections] impossible under the common law but it continued in
use thereafter. Early in the 17th century with the
---o0o--- establishment of settlement in America, English
Courts began to grant reprieves to prisoners under
sentence of death on condition that they accept
COMMUNITY-BASED CORRECTIONS
Deportation.
It provides correctional supervision and services in
3) Recognizance. This is an older method of suspending
a community setting as an alternative to jail or
or deferring judgment for good behavior. This was
prison. Focus on both adults and CICLs, attempting to
based on an ancient practice developed in England in
rehabilitate them back into the community. Contrary to the
the 14th century. It originated as a measure of
"tough on crime" mindset which expresses harsh
preventive justice involving an obligation or promise
punishment, this community-based correctional method
sworn to under court order by a person not yet
seeks to transition offenders back into the community.
convicted but though likely from the information
before the court to have committed a crime and that he
It embraces (1) probation, (2) parole, (3) conditional
would keep the peace and be of good behavior. It is the
pardon, (4) community service, and (5) intervention and
direct ancestor of probation.
diversion programs, and suspended sentences for Children
In Conflict with the Law [CICL].
The earliest recorded use of recognizance in the
United States occurred in 1830 in a Massachusetts
This topic includes those benefits or rewards that
courtroom in the case of the COMMONWEALTH VS.
PDLs may receive during their stay behind bars such as (1)
CHASE. Presiding Judge OXENBRIDGE THATCHER of
preventive imprisonment, (2) Good Conduct Time
the Municipal Court of Boston set forth the nature of
Allowance [GCTA], (3) Time Allowance for Study, Teaching
recognizance.
and Mentoring [TASTM], and (4) Special Time Allowance for
Loyalty (STAL).
Banishment/Transportation. This is a form of punishment
which is done by indenturing the convicts to penal colonies
where they serve as slaves until they complete their
I. PROBATION service of sentence. Transportation of offenders to penal
The word probation came from the Latin term
“probatio” or “probare” which means “test, trial, inspection, 4) colonies was practiced principally by EUROPEAN
examination”. Hence, probation means “The act of testing; COUNTRIES that had acquired distant colonies
proof”. A type of sentence where convicted criminals are because of the need to import labor into these
allowed to continue living in the community but will colonies.
automatically be sent to jail if they violate certain
conditions1. The term probation was coined by John Nature of Probation:
Augustus who is considered the “Father of Probation”2.
Probation is a privilege and as such its grant rests
Legally, it is defined as a disposition under which a
solely upon the discretion of the court. The grant of
defendant, after conviction and sentence, is released
probation results in the release of the petitioner subject to
subject to conditions imposed by the court and to the
the terms and conditions imposed by the court and to the
supervision of a probation officer3. It is a privilege granted
supervision of the Parole and Probation Administration
by the court to a person convicted of a criminal offense to
(PPA).
remain in the community instead of going to prison/jail4.
Probation is a mere privilege and its grant rests
Forerunners of Probation
solely upon the discretion of the court and its privilege for
the benefit of society and only incidentally for the benefit of
Probation was first legally established in the United
the accused.5
States, but to trace its origins, it is important to know the
earlier schemes for humanizing criminal justice under the
An order placing the defendant on “probation” is
common law of England. These procedures were found in
NOT a sentence but is rather in effect a suspension of the
the laws and customs of England and were adopted by the
imposition of sentence. It is not a final judgment but is
colonists who settled on the eastern shores of the United
rather an “interlocutory judgment” like a conditional order
States. Probation as a practice is believed to have been the
placing the convicted defendant under the supervision of
product of the following olden practices.
the court for his reformation, to be followed by a final
judgment of discharge, if the conditions of the probation are
1) Benefits of the Clergy. Dating back to the reign of
complied with, or by a final judgment of sentence if the
HENRY III in the 13th century where there was a
conditions are violated.6
compromise with the church that when a member of
the clergy was brought to trial in a king's court might
be claimed by the bishop or chaplain representing him Purposes Of Probation:
on the ground that the prisoner was subject to the
authority of the ecclesiastical court only. The Supreme Court declared that as probation
provides a period of grace to aid in the rehabilitation of
2) Judicial Reprieve. Judicial reprieve is a device for penitent offenders, taking advantage of an opportunity for
modifying the severity of the law by temporary reformation and thereby aborting their development into
suspension of the sentence. This practice was much hardened criminals, the welfare of society which is its chief
used by the early English judges and grew up at a time aim would be enhanced. In this regard, the SC stressed that

1 5
etymologeek.com Tolentino vs. Judge Alconcel, March 18, 1983
2 en.wikipedia.org 6
Baclayon vs. Mutia, April 30, 1984
3 Sec. 3(a), P.D. No. 968
4 probation.gov.ph

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the benefit of probation to the individual convicts is MERELY judgment of conviction imposing a non-probationable
INCIDENTAL. The purposes of probation are: penalty is appealed or reviewed, and such judgment is
modified through the imposition of a probationable
1. Promote the correction and rehabilitation of an penalty, the defendant shall be allowed to apply for
offender by providing him with individualized probation based on the modified decision before such
treatment: decision becomes final.
2. Provide an opportunity for the reformation of a
penitent offender which might be less probable if he ✓ The application for probation based on the modified
were to serve a prison sentence, and decision shall be filed in the trial court where the
3. Prevent the commission of offense.7 judgment of conviction imposing a non-probationable
penalty was rendered, or in the trial court where such
What are the advantages of probation? case has since been re-raffled. In a case involving
several defendants where some have taken further
1) The government spends much less when an offender appeal, the other defendants may apply for probation
is released on probation than when the offender is by submitting a written application and attaching
placed behind bars (jails/prisons). thereto a certified true copy of the judgment of
2) The offender and the offender’s family are spared the conviction.
embarrassment and dishonor of imprisonment.
3) The offender and the offender’s family are spared the ✓ The trial court shall, upon receipt of the application
embarrassment and dishonor of imprisonment. filed, suspend the execution of the sentence imposed
in the judgment.

PROBATION LAW OF 1978 ✓ This notwithstanding, the accused shall lose the
[PD No. 968, a. by RA No. 10707] benefit of probation should he seek a review of the
modified decision which already imposes a
Rationale probationable penalty.

1) To establish a more enlightened and humane ✓ Probation may be granted whether the sentence
correctional systems that will promote the imposes a term of imprisonment or a fine only. The
reformation of offenders and thereby reduce the filing of the application shall be deemed a waiver of the
incidence of recidivism; right to appeal.1âwphi1
2) The confinement of all offenders prisons and other
institutions with rehabilitation programs constitutes ✓ An order granting or denying probation shall not be
an onerous drain on the financial resources of the appealable.
country; and
3) There is a need to provide a less costly alternative to Sec. 5. Post-sentence Investigation.
the imprisonment of offenders who are likely to
respond to individualized, community-based treatment No person shall be placed on probation except upon
programs; prior investigation by the probation officer and a
determination by the court that the ends of justice and the
Sec. 2. Purposes. best interest of the public as well as that of the defendant
will be served thereby.
1) promote the correction and rehabilitation of an
offender by providing him with individualized Sec 7. Period for Submission of Investigation Report.
treatment;
2) provide an opportunity for the reformation of a The probation officer shall submit to the court the
penitent offender which might be less probable if he investigation report on a defendant not later than sixty (60)
were to serve a prison sentence; and days from receipt of the order of said court to conduct the
3) prevent the commission of offenses. investigation. The court shall resolve the petition for
probation not later than five days after receipt of said
Sec. 3. Meaning of Terms. report.

1) Probation is a disposition under which a defendant, Pending submission of the investigation report and
after conviction and sentence, is released subject to the resolution of the petition, the defendant may be allowed
conditions imposed by the court and to the supervision on temporary liberty under his bail filed in the criminal
of a probation officer. case; Provided, That, in case where no bail was filed or that
2) Probationer means a person placed on probation. the defendant is incapable of filing one, the court may allow
3) Probation Officer means one who investigates for the the release of the defendant on recognize the custody of a
court a referral for probation or supervises a responsible member of the community who shall
probationer or both. guarantee his appearance whenever required by the court.

Sec. 4. Grant of Probation. Sec 8. Criteria for Placing an Offender on Probation.

✓ The trial court may, after it shall have convicted and In determining whether an offender may be placed
sentenced a defendant for a probationable penalty and on probation, the court shall consider all information
upon application by said defendant within the period relative, to the character, antecedents, environment,
for perfecting an appeal, suspend the execution of the mental and physical condition of the offender, and available
sentence and place the defendant on probation for institutional and community resources. Probation shall be
such period and upon such terms and conditions as it denied if the court finds that:
may deem best.
✓ No application for probation shall be entertained or 1) the offender is in need of correctional treatment that
granted if the defendant has perfected the appeal from can be provided most effectively by his commitment to
the judgment of conviction: Provided, That when a an institution; or

7
Sec. 2, PD No. 968
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2) there is undue risk that during the period of probation the probation officer of the filing such an application so as
the offender will commit another crime; or to give both parties an opportunity to be heard thereon.
3) probation will depreciate the seriousness of the offense
committed. The court shall inform in writing the probation
officer and the probationer of any change in the period or
Sec 9. Disqualified Offenders. conditions of probation.

1) sentenced to serve a maximum term of imprisonment Sec. 13. Control and Supervision of Probationer.
of more than six (6) years;
2) convicted of any crime against the national security; The probationer and his probation program shall be
3) who have previously been convicted by final judgment under the control of the court who placed him on probation
of an offense punished by imprisonment of more than subject to actual supervision and visitation by a probation
six (6) months and one (1) day and/or a fine of more officer.
than one thousand pesos (P1,000.00);
4) who have been once on probation under the provisions Whenever a probationer is permitted to reside in a
of this Decree; and place under the jurisdiction of another court, control over
5) who are already serving sentence at the time the him shall be transferred to the Executive Judge of the
substantive provisions of this Decree became Regional Trial Court of that place, and in such a case, a copy
applicable. of the probation order, the investigation report, and other
pertinent records shall be furnished said Executive Judge.
Sec. 10. Conditions of Probation. Thereafter, the Executive Judge to whom jurisdiction over
the probationer is transferred shall have the power with
Every probation order issued by the court shall respect to him that was previously possessed by the court
contain conditions requiring that the probationer shall: which granted the probation.

[Mandatory] Sec. 14. Period of Probation.


1) present himself to the probation officer designated to
undertake his supervision at such place as may be 1) The period of probation of a defendant sentenced to a
specified in the order within seventy-two (72) hours term of imprisonment of not more than one (1) year
from receipt of said order; shall not exceed two (2) years, and in all other cases,
2) report to the probation officer at least once a month at said period shall not exceed six (6) years.
such time and place as specified by said officer.
2) When the sentence imposes a fine only and the
The court may also require the probationer to: offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not be
[Discretionary] less than nor to be more than twice the total number
a) cooperate with a program of supervision; of days of subsidiary imprisonment as computed at the
b) meet his family responsibilities; rate established, in Article thirty-nine of the Revised
c) devote himself to a specific employment and not to Penal Code, as amended.
change said employment without the prior written
approval of the probation officer; Sec. 15. Arrest of Probationer; Subsequent Disposition.
d) undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a At any time during probation, the court may issue a
specified institution, when required for that purpose; warrant for the arrest of a probationer for violation of any
e) pursue a prescribed secular study or vocational of the conditions of probation. The probationer, once
training; arrested and detained, shall immediately be brought before
f) attend or reside in a facility established for instruction, the court for a hearing, which may be informal and
recreation or residence of persons on probation; summary, of the violation charged. The defendant may be
g) refrain from visiting houses of ill-repute; admitted to bail pending such hearing. In such a case, the
h) abstain from drinking intoxicating beverages to provisions regarding release on bail of persons charged
excess; with a crime shall be applicable to probationers arrested
i) permit to probation officer or an authorized social under this provision.
worker to visit his home and place or work;
j) reside at premises approved by it and not to change If the violation is established, the court may revoke
his residence without its prior written approval; or or continue his probation and modify the conditions thereof.
k) satisfy any other condition related to the rehabilitation If revoked, the court shall order the probationer to serve
of the defendant and not unduly restrictive of his the sentence originally imposed.
liberty or incompatible with his freedom of conscience.
An order revoking the grant of probation or
Sec. 11. Effectivity of Probation Order. modifying the terms and conditions thereof shall not be
appealable.
A probation order shall take effect upon its
issuance, at which time the court shall inform the offender Sec. 16. Termination of Probation.
of the consequences thereof and explain that upon his
failure to comply with any of the conditions prescribed in After the period of probation and upon consideration
the said order or his commission of another offense, he of the report and recommendation of the probation officer,
shall serve the penalty imposed for the offense under the court may order the final discharge of the probationer
which he was placed on probation. upon finding that he has fulfilled the terms and conditions
Sec. 12. Modification of Condition of Probation. of his probation and thereupon the case is deemed
terminated.
During the period of probation, the court may, upon
application of either the probationer or the probation The final discharge of the probationer shall operate
officer, revise or modify the conditions or period of to restore to him all civil rights lost or suspended as a
probation. The court shall notify either the probationer or result of his conviction and to totally extinguish his criminal
liability as to the offense for which probation was granted.

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The probationer and the probation officer shall each be Sect. 27. Field Assistants, Subordinate Personnel.
furnished with a copy of such order.
Regional, Provincial or City Probation Officers shall
Sec. 19. Probation Administration. be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to carry out
The Administration shall be headed by the their duties effectively.
Probation Administrator. His powers and duties shall be to:
Sec. 28. Volunteer Probation Assistants (VPAs).
a) act as the executive officer of the Administration;
b) exercise supervision and control over all probation ✓ To assist the Chief Probation and Parole Officers in the
officers; supervised treatment program of the probationers, the
c) make annual reports to the Secretary of Justice, in Probation Administrator may appoint citizens of good
such form as the latter may prescribe, concerning the repute and probity, who have the willingness, aptitude,
operation, administration and improvement of the and capability to act as VPAs.
probation system; ✓ VPAs shall not receive any regular compensation
d) promulgate, subject to the approval of the Secretary of except for reasonable transportation and meal
Justice, the necessary rules relative to the methods allowances, as may be determined by the Probation
and procedures of the probation process; Administrator, for services rendered as VPAs.
e) recommend to the Secretary of Justice the ✓ They shall hold office for a two (2)-year term which
appointment of the subordinate personnel of his may be renewed or recalled anytime for a just cause.
Administration and other offices established in this Their functions, qualifications, continuance in office,
Decree; and and maximum caseloads shall be further prescribed
f) generally, perform such duties and exercise such under the implementing rules and regulations of this
powers as may be necessary or incidental to achieve Act.
the objectives of this Decree.
✓ There shall be a reasonable number of VPAs in every
Sec. 20. Assistant Probation Administrator. regional, provincial, and city probation office. To
strengthen the functional relationship between VPAs
There shall be an Assistant Probation Administrator and the Probation Administrator, the latter shall
who shall assist the Administrator perform such duties as encourage and support the former to organize
may be assigned to him by the latter and as may be themselves at the national, regional, provincial, and
provided by law. In the absence of the Administrator, he city levels for effective utilization, coordination, and
shall act as head of the Administration. sustainability of the volunteer program.

Sec. 22. Regional Office; Regional Probation Officer.


PROBATION PROCESS
Regional offices shall be headed by a Regional
Probation Officer who shall exercise supervision and 1) The defendant must file before the trial court an
control over all probation officers within his jurisdiction application for probation within 15 days after he has
and such duties as may assigned to him by the been sentenced but before he begins to serve the
Administrator. sentence. If the defendant has been convicted and has
appealed the sentence of conviction, an application for
Sec. 23. Provincial and City Probation Officers. probation cannot be entertained (PD 1990). The
prosecuting officer concerned shall be notified by the
There shall be at least one probation officer in each Court of the filing of such application and may submit
province and city who shall be appointed by the Secretary his comments within 10 days from noticed;
of Justice whose duties shall be to:
2) The application should be entertained by the court by
a) investigate all persons referred to him for ordering the probation officer to conduct an
investigation by the proper court or the Administrator; investigation of the offender provided he is not
b) instruct all probationers under the supervision of that disqualified under the decree, while it is discretionary
of the probation aide on the terms and conditions of with the court to grant or deny an application for
their probations; probation, the Probation Law requires that an
c) keep himself informed of the conduct and condition of investigation be first conducted by the probation
probationers under his charge and use all suitable officer who shall submit his report within 60 days from
methods to bring about an improvement in their receipt of the court's order. Only thereafter shall the
conduct and conditions; court resolve the application, an outright denial by the
d) maintain a detailed record of his work and submit such court is a nullity correctable by certiorari.
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.

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II. PAROLE 7) to those who having been granted conditional pardon


by the Chief Executive shall have violated the terms
thereof;
The term “Parole” is derived from the French word 8) to those whose maximum term of imprisonment does
which means of word of honor. Thus, the implication was not exceed one year;
that the prisoner would give his word that he would abide
by the terms of his conditional release. Sec. 3. Board of Indeterminate Sentence (BIS).

It is defined as the conditional release of a prisoner There is hereby created a Board of Indeterminate
from the correctional institution after serving the minimum Sentence to be composed of the Secretary of Justice, who
period of prison sentence. shall be its chairman and four members to be appointed by
the President.
It consists of the suspension of the sentence of a
convict after serving the minimum of the sentence imposed Provided, That one member of the Board shall be a
without granting a pardon, prescribing the terms upon trained sociologist, one a clergyman or educator, one
which the sentence shall be suspended. It is a procedure psychiatrist unless a trained psychiatrist be employed by
by which prisoners are selected for release based on the Board, and the other members shall be persons
individual response and progress within the correctional qualified for such work by training or experience. At least
institution and service by which they are provided with one member of the Board shall be a woman.
necessary controls and guidance as they serve the
remainder of their sentences within the free community. Section 5. Duties of BIS.
Development of Parole:
It shall be the duty of the Board of Indeterminate
In the Philippines, parole is governed by Act No. 4103 Sentence to look into the physical, mental and moral record
approved on December 05, 1933, known as the of the prisoners who shall be eligible to parole and to
Indeterminate Sentence Law (ISLAW) or the Parole Law; determine the proper time of release of such prisoners.
Subsequently amended by ACT No. 4225 Republic Act No. Whenever any prisoner shall have served the minimum
4203. penalty imposed on him, and it shall appear from the
reports of the prisoner's work and conduct and from the
study and investigation made by the Board itself, that:

INDETERMINATE SENTENCE AND PAROLE LAW a) such prisoner is fitted by his training for release,
[Act No. 4103, a. by Act No. 4203/ 4225] that there is a reasonable probability that such
prisoner will live and remain at liberty without
violating the law, and
Purposes: b) such release will not be incompatible with the
welfare of society, and
Passed to (1) uplift and redeem valuable human
material and (2) prevent unnecessary and excessive the Board of Indeterminate Sentence may
deprivation of personal liberty and economic usefulness. authorize the release of such prisoner on parole, upon
such terms and conditions as are herein prescribed and
Sec. 1. Grant of Parole. as may be prescribed by the Board.

The court shall order the accused to be imprisoned Sec. 6. Discharge of Parolee.
for a minimum term, which shall not be less than the
minimum term of imprisonment provided by law for the Every prisoner released from confinement on
offense, and for a maximum term which shall not exceed parole shall report to the Parole and Probation
the maximum fixed by law; Administration (PPA) for a period of surveillance
equivalent to the remaining portion of the maximum
Where the offense is punished by the Revised Penal sentence imposed upon him or until final release and
Code, or amendments thereto, the court shall sentence the discharge by the Board of Indeterminate Sentence as
accused to such maximum as may, in view of attending herein provided.
circumstances, be properly imposed under the present
rules of the said Code, and to a minimum which shall not If during the period of surveillance, such paroled
be less than the minimum imprisonment period of the prisoner shall show himself to be a law-abiding citizen and
penalty next lower to that prescribed by said Code for the shall not violate any of the laws of the Philippine Islands,
offense. Any person who shall have been so convicted and the Board of Indeterminate Sentence may issue a final
sentenced and shall have served the minimum sentence certificate of release in his favor, which shall entitle him to
may be released on parole. final release and discharge.

Sec. 2. Disqualifications. Sec. 7. Final Release and Discharge.

This Act shall not apply to: The Board shall file with the court which passed
judgment on the case, and with the PNP Chief, a certified
1) persons convicted of offenses punished with death copy of each order of conditional or final release and
penalty or life imprisonment; discharge.
2) to those convicted of treason, conspiracy or proposal
to commit treason; Sec. 8. Violation of Conditions.
3) to those convicted of misprision of treason, sedition or
espionage; Any prisoner released on parole from confinement
4) to those convicted of piracy; by virtue of this Act who shall violate any of the conditions
5) to those convicted of piracy; to those who are habitual of his parole, or shall violate any law of the Philippine
delinquents; Islands during the period of surveillance and be convicted
6) to those who shall have escaped from confinement or thereof by a competent court, shall be subject to re-arrest
evaded sentence; and confinement and shall serve the remaining unexpired

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portion of the maximum sentence for which he was Parole” issued by the Board;
originally committed to prison, unless the BIS shall in its m) Summary Report. The final report submitted by the
discretion grant a new parole to the said prisoner. Probation and Parole Officer on his supervision of a
parolee/pardonee as basis for the latter’s final
release and discharge;
REVISED RULES AND REGULATIONS OF n) Progress Report. The report submitted by the
THE BOARD OF PARDONS AND PAROLE Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision;
o) Infraction Report. The report submitted by the
GENERAL PROVISIONS Probation and Parole Officer on violations committed
by a parolee/pardonee of the conditions of his
SECTION 1. Policy Objectives. — release on parole or conditional pardon while under
supervision.
It is the function of the Board of Pardons and
Parole to uplift and redeem valuable human material to Sec. 3. National Prisoner Confined in a Local Jail.
economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of parole The Board may not consider the release on
or through executive clemency. Toward this end, the Board pardon/parole of a national prisoner who is serving
undertakes the following: sentence in a municipal, city, district or provincial jail
unless the confinement in said jail is in good faith or due
1) Looks into the physical, mental, and moral records of to circumstances beyond the prisoner’s control.
prisoners who are eligible for parole or any form of
executive clemency and determines the proper time of A national prisoner, for purposes of these Rules,
release of such prisoners on parole; is one who is sentenced to a maximum term of
2) Assists in the full rehabilitation of individuals on parole imprisonment of more than three (3) years or to a fine
or those under conditional pardon with parole of more than five thousand pesos; or regardless of the
conditions, by way of parole supervision; and, length of sentence imposed by the Court, to one
3) Recommends to the President of the Philippines the sentenced for violation of the customs law or other laws
grant of any form of executive clemency to prisoners within the jurisdiction of the Bureau of Customs or
other than those entitled to parole. enforceable by it, or to one sentenced to

Sec 2. Definition of Terms. —


THE PAROLE AND PROBATION ADMINISTRATION
a) Probation and Parole Officer. The Probation and
Parole Officer undertakes the supervision of the An agency of the Philippine government under
client; the Department of Justice that is responsible for providing
b) Carpeta. The institutional record of an inmate which a less costly alternative to imprisonment of first-time
consists of his mittimus or commitment order issued offenders who are likely to respond to individualized
by the Court after conviction, the prosecutor’s community-based treatment programs.
information and the decisions of the trial court and
the appellate court, if any; certificate of non-appeal, Organization
certificate of detention, and other pertinent
documents of the case; The Probation Administration was created by
c) Parole. The conditional release of an offender from a Presidential Decree No. 968, “The Probation Law of 1976”,
correctional institution after he has served the signed by then President Ferdinand E. Marcos to administer
minimum of his prison sentence; the probation system.
d) Executive Clemency. It refers to Reprieve, Absolute
Pardon, Conditional Pardon with or without Parole Under Executive Order No. 292, “The Administrative
Conditions and Commutation of Sentence as may be Code of 1987” which was promulgated on November 23,
granted by the President of the Philippines; 1989, the Probation Administration was renamed “Parole
e) Reprieve. The deferment of the implementation of the and Probation Administration” and given the added function
sentence for an interval of time; it does not annul the of supervising prisoners who, after serving part of their
sentence but merely postpones or suspends its sentence in jails are released on parole pardon with parole
execution; conditions
f) Commutation of Sentence. The reduction of the
duration of a prison sentence of a prisoner; Effective August 17, 2005, by a Memorandum of
g) Conditional Pardon refers to the exemption of an Agreement with the Dangerous Drugs Board, the
individual, within certain limits or conditions, from Administration performs another additional function of
the punishment which the law inflicts for the offense investigating and supervising first-time minor drug
he had committed resulting in the partial extinction offenders who are placed on suspension under Republic
of his criminal liability; Act No. 9165.
h) Absolute Pardon. The total extinction of the criminal
liability of the individual to whom it is granted without Mission: To rehabilitate and reintegrate persons on
any condition. It restores to the individual his civil and community-based corrections for peace and social justice.
political rights and remits the penalty imposed for the
particular offense of which he was convicted; Mandate: The Parole and Probation Administration is
i) Petitioner. The prisoner who applies for the grant of mandated to conserve and/or redeem convicted offenders
executive clemency or parole; and prisoners who are under the probation or parole
j) Parolee. Refers to a prisoner who is released on system.
parole;
k) Pardonee. A prisoner who is released on conditional
pardon;
l) Release Document. refers to the Conditional
Pardon/Absolute Pardon issued by the President of
the Philippines to a prisoner or to the “Discharge on
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Goals: The Administration's programs are set to achieve the supervision of several probationers, parolees, and
the following goals: conditional pardonees in their respective
communities. Since they reside in the same community
1) Promote the reformation of criminal offenders and as the client, they can usher in the reformation and
reduce the incidence of recidivism, and rehabilitation of the clients hands-on.
2) Provide a cheaper alternative to the institutional
confinement of first-time offenders who are likely to In collaboration with the PPO, the VPA helps pave
respond to individualized, community-based the way for the offender, victim, and community to heal
treatment programs. from the harm resulting from the crime done. They can
initiate a circle of support for clients and victims to
Functions: To carry out these goals, the Agency through its prevent further crimes, thereby being participants in
network of regional and field parole and probation offices nation-building.
performs the following functions:

1) to administer the parole and probation system PAROLE ADMINISTRATION


2) to exercise supervision over parolees, pardonees IN THE PHILIPPINES
and probationers
3) to promote the correction and rehabilitation of Parole in the Philippines is administered by the
criminal offenders. Board of Pardons and Parole, which shall be composed of
the Secretary of Justice as chairman and four members to
be appointed by the President with the consent of the
MAJOR REHABILITATION PROGRAMS: Commission on Appointments and shall hold office for four
tears of the appointed members, one member shall be
1) RESTORATIVE JUSTICE (RJ) trained sociologist, one a clergyman or educator, one
psychiatrist, and other members shall be persons qualified
A philosophy and a process whereby stakeholders for the work by training and experiences. At least one
in a specific offense resolve collectively how to deal member of the board must be a woman.
with the aftermath of the offense and its implications
for the future. It is a victim-centered response to crime However, it is the Parole and Probation
that provides an opportunity for those directly affected Administration (PPA) that shall conduct supervision over
by the crime - the victim, the offender, their families, parolees.
and the community - to be directly involved in GOOD BEHAVIOR
responding to the harm caused by the crime. Its
ultimate objective is to restore the broken If during the surveillance such a parole prisoner
relationships among stakeholders. shows himself to be a law-abiding citizen and shall not
violate any of the laws of the Philippine Islands, the Board
The Restorative Justice process provides a of Indeterminate Sentence may issue a final certificate of
healing opportunity for affected parties to facilitate the release in his favor, which shall entitle him to final release
recovery of the concerned parties and allow them to and discharge.
move on with their lives.

2) Therapeutic Community (TC). Violation of Parole Condition

A self-help social learning treatment model used When any prisoner released on parole by this act,
in the rehabilitation of drug offenders and other clients shall, during the period of surveillance, violate any
with behavioral problems. TC adheres to precepts of condition of his parole, the Board of Indeterminate
“right living” - Responsible Love and Concern; Truth Sentence may issue an order for his re-arrest which may
and Honesty; the Here and Now; Personal serve in any part of the Philippine Islands by any police
Responsibility for Destiny; Social Responsibility officer. In such case, the prisoner so re-arrested shall
(brother’s keeper); Moral Code; Work Ethics and Pride serve the remaining unexpired portion of the maximum
in Quality. sentence for which he was originally committed the prison,
unless the Board of Indeterminate Sentence shall grant a
The Therapeutic Community (TC) is an new parole to the said prisoner.
environment that helps people get help while helping
themselves. It operates in a similar fashion to a Elements of Parole:
functional family with a hierarchical structure of older
and younger members. Each member has a defined One may be placed on parole if:
role and responsibilities for sustaining the proper
functioning of the TC. There are sets of rules and 1. He is convicted with final judgment;
community norms that members commit to live by and 2. He serves at least the minimum of his
uphold upon entry. The primary “therapist” and teacher sentence;
is the community itself, consisting of peers, 3. He is released before the full expiration of his
staff/probation and parole officers, and even Volunteer sentence;
Probation Aides (VPA), who, as role models of 4. The release is with conditions; and
successful personal change, serve as guides in the 5. He remains on parole until the expiration of
recovery process. his maximum sentence.

3) Volunteer Probation Assistant (VPA) Program. Discharge On Parole


A strategy by which the Parole and Probation
A prisoner may be granted a “Discharge on Parole”
Administration may be able to generate maximum
whenever the Board finds that there is a reasonable
citizen participation or community involvement.
probability that if released, the prisoner will be law-abiding
and that his release will not prejudice the interest and
Citizens of good standing in the community may
welfare of the society.
volunteer to assist the probation and parole officers in

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Release From Confinement KINDS OF PARDON

Within the period prescribed in his release 1) Absolute Pardon – refers to the total extinction of the
document, the prisoner shall present himself to the Parole criminal liability of the individual to whom it is granted
and Probation Office specified in the release document, without any condition whatsoever and restores to the
under the supervision of a Parole and Probation Officer so individual his civil rights and the penalty imposed for
that the former may be guided and assisted towards the particular offense of which he was convicted.
rehabilitation.
2) Conditional Pardon – It refers to the exemption of an
EXECUTIVE CLEMENCIES individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has
It is defined as the power granted by the committed resulting in the partial extinction of his
Constitution to the President as chief executive officer to criminal liability
grant Absolute Pardon, Conditional Pardon, Reprieve, and
Commutation of Sentence imposed by a court and Amnesty GMA pardoned ESTRADA
with the concurrence of the majority of Congress.
On October 25, 2007, President Gloria Macapagal-
Art. XII, Section 19 of the 1987 Constitution provides: Arroyo granted ABSOLUTE PARDON to Pres. Joseph
“Except in cases of impeachment, or as otherwise provided Estrada based on the recommendation by the Department
in the Constitution, the President may grant reprieves, of Justice (DoJ). The dispositive portion states: "In view
commutations, and pardons and remit fines and forfeitures, hereof in pursuant of the authority conferred upon me by
after conviction by final judgment. He shall have also the the Constitution, I hereby grant Executive clemency to
power to grant amnesty with the concurrence of a majority Joseph Ejercito Estrada, convicted by the Sandiganbayan of
of all the members of the Congress. plunder and imposed a penalty of reclusion perpetua. He is
hereby restored to his civil and political rights." Joseph
Kinds: Estrada is now the incumbent Mayor of Manila City, Metro
1) Pardon Manila.
2) Reprieve
3) Commutation of Sentence
4) Amnesty ELIGIBILITY FOR PARDON

PARDON Conditional Pardon

It is an act of grace of the Chief Executive which 1) The petitioner must at least serve one-half (½) of the
exempts the convict from the punishment that the law minimum of his indeterminate sentence of the
inflicts for the crime he has committed. It consists of two following portions of his prison sentence;
types: absolute pardon (without any condition) and 2) At least two (2) years of the minimum sentence if
conditional pardon. convicted of murder or parricide but not sentenced to
Reclusion Perpetua;
A pardon extends not only to the punishment 3) At least one (1) year of the minimum sentence if
prescribed for the offense but also reaches to the guilt of convicted of homicide;
the offender. Thus, a pardon not only releases 4) At least nine (9) months if convicted of frustrated
the punishment but likewise obliterates the existence of homicide;
guilt. Thus, where a lawyer was convicted of bigamy and 5) At least six (6) months if convicted of frustrated
was later pardoned, the pardon precludes homicide;
his disbarment on the grounds of having been convicted of
a crime involving moral turpitude. For Absolute Pardon

A pardon shall not work the restoration of the right 1) Ten (10) years must have elapsed from the date of
to hold public office, or the right to hold public office or the release of the petitioner from confinement; or
right to suffrage unless such rights be expressly restored 2) Five (5) years from the date of expiration of his
by the terms of the pardon (Art. 36, RPC). A pardon shall in maximum sentence, whichever is more beneficial to
no case exempt the culprit from the payment of civil him;
indemnity imposed upon him by the sentence.
EXCEPTIONS: However, the Board may consider a
Purposes: petition for absolute pardon even before the lapse of the
aforementioned periods in special cases such as:
1) To do away with the miscarriage of justice;
2) To keep punishment abreast with the current • When the petitioner is seeking reinstatement in the
philosophy concept or practice of criminal justice government service;
administration; • When the petitioner needs medical treatment
3) To restore full political and civil rights of persons who which is not available locally;
have already served their sentence and have waited • When petitioner will take a Government or Bar
the prescribed period. Examination;
• When Petitioner is emigrating;
Limitations on The Pardoning Power Of The State

1) Pardon cannot be extended to cases of impeachment.


2) No pardon, parole, or suspension of sentence for the
violation of any election law may be granted without a
favorable recommendation of the Commission on
elections.
3) Pardon is exercised only after conviction.

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REPRIEVE PARDON AMNESTY


Types of • Any other crimes • Political crimes
It means the act of postponing the enforcement of a Crime
sentence, particularly a death sentence, to allow an appeal Grantee • Individual • Classes of
or further review of the case. In the Philippines, only the persons
President can grant a reprieve. It refers to the deferment Act of • Must be accepted • Need not be
of the implementation of the sentence for an interval of grantee accepted
time; it does not annul the sentence but merely postpones As to • Courts do not • Courts take
or suspends its execution. judicial take judicial judicial notice
notice notice
Consequen • Relieves the • Abolishes the
COMMUTATION OF SENTENCE ce offender of the offense
consequences of
It refers to the reduction of the duration of a prison the offense
sentence of a prisoner. A person is not absolved from a When it • Only after • Before or after
conviction completely, but, his/her punishment is may be conviction by final conviction
substituted with a lesser punishment. For example, a granted judgment
death sentence may be commuted to a sentence of Concurren • Not needed • Needed to be
Reclusion Perpetua or Life Imprisonment. The President is ce of effective
vested with the exclusive power to pardon and it may be Congress
subject to legislative controls.
Proclamation No. 50 (Oct. 11, 2010) –
In pardon there is a complete remission of penalty
by a sovereign power as authorized by law. But, a Granting amnesty to active and former personnel of
commutation of a sentence is only a substitution of a lesser the Armed Forces of the Philippines and their supporters
punishment for a greater punishment. Also, a pardon has who may have committed acts or omissions punishable
to be accepted by the person who is pardoned, while a under the RPC, the articles of war, or other special laws
sentence may be commuted without the consent of the committed in connection with the Oakwood mutiny, the
convict. Marines stand-off and the manila pen incident and related
incidents.
Purposes:
1) To break the rigidity of the law; The Oakwood Mutiny happened on July 27, 2003, the
2) To extend parole in cases where the parole law does February 2006 Marines Stand-Off, and/or the November 29,
not apply; 2007 Manila Pen Incident.
3) To save the life of a person sentenced to death.
Proclamation No. 572 – It declared the grant of amnesty to
former LTSG Antonio Trillanes IV under Proclamation No.
Eligibility For Commutation of Sentence: 75 as void ab initio because he did not comply with the
minimum requirements to qualify under the Amnesty
1. The petitioner must have served at least one-third (1/3) Program.
of the minimum indeterminate sentence or the
following portions of his prison sentence constituting
the Reclusion Perpetua; COMMONLY ASKED QUESTIONS ON
2. At least ten (10) years if convicted of robbery with PROBATION, PAROLE, AND
Homicide. Robbery with Rape or Kidnapping with EXECUTIVE CLEMENCY
Murder;
3. At least eight (8) years if convicted of simple murder. 1. What is PROBATION? By probation, a person who is
Parricide, rape, or violation of anti-drug laws; convicted of a criminal offense is not sent to prison by
4. At least twelve (12) years if given two (2) or more the sentencing court. Instead, the convicted person is
sentences for Reclusion Perpetua; released and placed under the supervision of a
5. At least twenty (20) years in case of (1) death sentence probation officer subject to the conditions, which the
which was automatically commuted to Reclusion court may impose.
Perpetua;
6. At least twenty-five (25) years in case of two (2) 2. Is probation a right? No, it is a privilege.
sentences of Reclusion Perpetua.
3. Who can apply for probation? Any first-time convicted
offender who is above seventeen (17) years of age and
AMNESTY not disqualified.

The word amnesty was derived from the Greek word 4. Who cannot be granted probation?
amnestia which means "forgetfulness, passing over".
a) Those sentenced to serve a maximum term of
It is defined as a pardon extended by the imprisonment of more than six (6) years;
government to a group or class of persons, usually for a b) Those who are convicted of any crime against the
political offense; the act of a sovereign power officially national security;
forgiving certain classes of persons who are subject to trial c) Those who have previously been convicted by final
but have not yet been convicted."[1] It includes more judgment of an offense punished by imprisonment
than pardon since it obliterates all legal remembrance of of more than six (6) months and one (1) day and/or
the offense. a fine of more than one thousand (Php1,000.00)
pesos;
Amnesty is more and more used to express d) Those who have been once on probation under the
"freedom" and the time when prisoners can go free. provisions of this Decree; and
e) Those who are already serving a sentence at the
time the substantive provisions of this Decree
became applicable pursuant to Section 33, PD 968
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5. Will probation be automatically granted to one whose 14. What is PAROLE?


sentence is six (6) years or less? No, the court may
deny the application if: It is the conditional release of a prisoner from
the correctional institution after serving the minimum
a) The offender would be better rehabilitated in prison period of prison sentence.
to serve the sentence;
b) There is undue risk that the offender will likely 15. Who cannot be granted parole?
commit another crime;
c) Probation will depreciate the seriousness of the Generally, those sentenced to a term of
crime committed. imprisonment of one (1) year or less, or to a straight
penalty, or to a prison sentence without a When may a
6. Where and when shall the application for prisoner be granted parole?
probation be filed?
16. Who may grant parole to a prisoner?
The application shall be filed with the court that
tried and sentenced the offender at any time after The Board of Pardons and Parole is an agency
conviction and sentence but within fifteen (15) days under the Office of the Secretary of Justice.
after promulgation of judgment.
17. What happens if a parolee violates the conditions
7. May an accused in a joint trial apply for probation even of the parole?
if the other co-accused appealed their conviction?
The parolee shall be arrested and recommitted
Yes! In a case involving several defendants or returned to prison to serve the unexpired portion of
where some have taken further appeal, the other the maximum period of the sentence.
defendants may apply for probation submitting a
written application and attaching thereto a certified 18. Who may file a petition for a conditional pardon?
true copy of the judgment of conviction.
A prisoner who has served at least one-half (1/2)
8. What will happen if the application for probation is of the maximum of the original indeterminate and/or
denied? The offender will be sent by the sentencing definite prison term.
court to prison to serve the sentence.
19. Who may grant a commutation of sentence and
9. May an offender be released from confinement pardon? The President of the Philippines.
while the application for probation is pending?
20. Who may file a petition for ABSOLUTE
Yes, the applicant may be released under the bail PARDON?
filed in the criminal case, or under recognizance
One may file a petition for absolute pardon if the
10. How long is the period of probation? maximum sentence is served or granted final release
and discharge or court termination of probation.
Not more than two (2) years if the sentence of
the offender is one (1) year or less; and not more than 21. Is a prisoner who is released on parole or conditional
six (6) years if the sentence is more than one (1) year pardon with parole conditions placed under
supervision?
11. How many times can one be granted probation? Only
once. Yes, the prisoner is placed under the supervision
of a probation and parole officer.
12. What conditions are imposed by the court on an
offender who is released on probation?

a) To report to the probation officer within seventy-


two (72) hours after receiving the order of the court
granting probation;
b) To report to the probation officer at least once a
month;
c) Not to commit any other offense while on
probation;
d) Comply with any other condition imposed by the
court.

13. What will happen if a probationer violates the


conditions of probation?

The court may modify the conditions of probation


or revoke the same. If the violation is serious, the
court may order the probationer to serve the prison
sentence. The probationer may also be arrested and
criminally prosecuted if the violation is a criminal
offense.

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THERAPEUTIC MODALITIES 19. Expediting team. A department that serves as police of


---o0o--- the community to ensure order among residents
20. Expulsion. The ejection of one from the community
because of his/her serious offense.
THERAPEUTIC MODALITIES 21. General meeting. A behavior-shaping tool addressing
serious infractions of a resident.
It refers to the methodologies, practices, or 22. General worker. The lowest position in the TC
approaches adopted and implemented for the treatment, hierarchy
reformation, and rehabilitation of inmates so that they will 23. Haircut. A behavior-shaping tool consisting of a five-
be law-abiding and productive members upon their return man panel that addresses a resident’s infraction.
to the free community. 24. Hierarchical structure. The chain of command of
residents in TCMP.
25. House rules. These are day-to-day standards that
THERAPEUTIC COMMUNITY MODALITY PROGRAM need to be followed inside the jail facility to ensure the
(Bureau of Jail Management and Penology) smooth and orderly flow of operation.
26. Housekeeping team. A department that maintains the
The Therapeutic Community Modality Program cleanliness of the facility.
(TCMP) is a self-help social learning treatment model that 27. Learning experience. A form of sanction that aids
utilizes the community as the primary therapeutic vehicle residents realize the value of correcting infractions.
to foster behavioral and attitudinal change. In this modality, 28. Morning meeting. A daily ritual addressing attitudes of
the person learns and practices skills and responsibilities previous days is performed to start the day right.
through structured activities that they can transfer to 29. Pre-morning meeting. The activity preceding the
society upon their release. Each participant is expected to Morning Meeting discusses the attitudes of the house
be a contributing member of the community and develop and elicits the theme of the week and word of the day.
the impetus to change by being a member of the 30. Pull–up. The verbal reprimand was done during the
community. Morning Meeting.
31. Static group. A group composed of residents is known
At present, TCMP is recognized as the backbone as a permanent support group.
program of the BJMP for inmate development and is being 32. Talk to. A friendly reminder for resident violators.
implemented in the majority of jails nationwide. 33. Unwritten philosophy. It refers to a guiding value that
residents reflect on and hold on to.

DEFINITION OF TERMS: CARDINAL RULES IN TC

1. Anger Management. A specialized group activity ✓ No sex or sexual acting out


discussing issues to control anger. ✓ No drugs/ Alcohol
2. Announcement. Information was given to all residents. ✓ No violence or threat of violence
3. Attitudes. The general condition of the TC family as a ✓ No stealing
whole, including incidences, positive and negative.
4. Bans. A behavior-shaping tool to prohibit a resident HOUSE RULES:
from a specific area, activity, verbal, or another client.
5. Big Brother. An older member of the community is ✓ No destruction of jail property
tasked to guide the newly committed residents. ✓ Respect staff and status
6. Booked. Logged an incident to the Coordinator of the ✓ Follow directions without feedback
Day. ✓ No cigarette smoking
7. Cardinal Rules. The principal guiding rule observed by ✓ No contraband
all residents in a TC Community with heavier ✓ No gambling
corresponding consequences. ✓ Be on time in all activities
8. Communication. A department that oversees the daily ✓ Lights off at 10:00 PM
census, entry, news and other information to be ✓ No talking/laughing after lights off
disseminated. ✓ Maintain good grooming and hygiene
9. Community. The residents of the TC Family. ✓ No vandalism
10. Coordinator. The highest position attained by a ✓ Be courteous to people
resident in a TC Hierarchy, who works with the staff in ✓ Use the chain of command
running the house, and implementing rules. With the ✓ No talking/laughing during the Morning meeting and
corresponding status, a resident has authority over the other activities
other residents. ✓ No lending or borrowing without permission
11. Coordinator of the day. Assigned coordinator ✓ Respect other people’s property
(resident) to oversee and address the incidents, and
attitudes of the house through the use of behavior
shaping tools – talk to, deal with, haircut. PHASES OF TREATMENT
12. Counselor. Staff member position who assists the
residents’ needs Phase I- Entry/Orientation Phase.
13. Daily structure. List of day-to-day activities
14. Dissonance. The period of admitting, or denying before Once an inmate is committed to jail, he undergoes a
coming up with a decision. series of examinations to determine his physical, social,
15. Encounter. A group process is utilized to vent out and psychological status. Upon his commitment, a resident
concerns, anger, and hurt feelings is placed on orientation at the Reception and Diagnostic
16. Encounter box. The box used to receive slips is being room/ Orientation Room. Here, he is acquainted with the TC
dropped. program:
17. Entertainment and recreational activity - an activity in
the TC community aimed to aid residents in treatment. 1. The rules and norms of the community
18. Evaluation. An assessment is done anytime during the 2. TC concepts, written and unwritten philosophy
treatment 3. The staff and the members of the community
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4. The tools of the house 1. Transition to life outside of jail.


5. Job functions and TC hierarchy 2. Creating a new lifestyle by applying the tools and
concepts of TC.
He is then assigned a static group and a big brother 3. Learning positive coping skills to deal with day-
who will support him and walk him through the orientation to-day situations.
phase. At this phase, the resident is handled gently and is 4. Re-establishing and strengthening family ties and
expected to commit mistakes in the process of learning the support groups.
program. Sanctions on negative behavior are usually light 5. Reintegration into the mainstream of society.
with emphasis on teaching. 6. Developing realistic and attainable goals in life.

Phase II-Primary Treatment Phase IV- Aftercare

After proper orientation on the different TC concepts Aftercare is an outpatient program that requires
and tools, the norms and rules of the community, and the clients to report twice a week to an outreach center. They
staff members, the resident is now ready to undergo the are required to attend group sessions to ensure their
treatment proper. He becomes a part of the community adjustment to life outside jail to reduce recidivism. Clients
starting as a crew member of the Housekeeping who are released from jail, are referred to the Parole and
Department until he gradually ascends in the hierarchy. He Probation Administration and Local Government Units for
must be knowledgeable on the following: follow-up and aftercare. The clients are focused on the
following:
1. Proper use of the different tools to address
personal issues and concerns and shape behavior 1. Maintaining positive behavior and preventing
2. Managing own feelings and learning how to recidivism
express oneself appropriately 2. Strengthening coping mechanism
3. Learning how to follow the rules and norms of the 3. Maintaining relationships and support mechanism
community 4. Sustaining interest in a job or vocation to maintain
4. Maximize participation in activities that are a livelihood
appropriate to the resident’s need for growth 5. Integration into society
5. Learning how to trust the environment by
disclosing oneself to the community and
developing insight in the process TCMP CONCEPTUAL FRAMEWORK
6. Developing positive coping skills to deal with
difficult life situations
7. Enhancing educational and vocational skills to
make him productive
8. Improve social skills and recognize the
importance of other people’s help in shaping
behavior.

Phase III- Pre Re-entry

Under regular circumstances, the resident is


expected at this stage to have internalized the TC values
and concept to start life afresh. However, in the jail setting
where entry and release are not within the jail control,
residents may not have reached this phase of treatment
before they even leave the jail facility.

Regardless of the resident’s length of stay, he is


expected to undergo this phase before release into society.
At this phase, the resident is expected to have proven his
ability to take on more responsibility and hence needs
lesser supervision. He is considered a role model in the TC
community. He should focus on the following learning:
The conceptual paradigm of the study elaborates on
the four development aspects of TCMP, these are: (1)
1. Rebuilding of social and family ties
Behavioral Management, (2) Emotional and Psychological,
2. Going up the ladder of hierarchy by showing
(3) Intellectual and Spiritual, and (4) Vocational and
leadership
Survival Skills, showing special areas of concern in the
3. Realization of his full potential to be a productive
individual’s personality.
member of society
4. Mapping out of plans
BEHAVIOR MANAGEMENT
Phase IV- Re-entry
Introduces the concept and mechanics of the
various shaping tools to facilitate the management of and
In the ideal setting, a resident at this stage is now
shape the behavior of the residents. This shows the
ready to be released back to society as he has
essential elements and significance of the tools which
demonstrated adequate self-control and discipline. The
would provide the community common language, increase
inmate is now preparing for his life outside of jail and is
cohesiveness, and adapt to the moral and behavioral code
focused on making himself a productive citizen. He may
of the tools application. The community serves as a
start planning for job hunting and rebuilding family ties and
dynamic force that motivates the individual to achieve
relationships. The resident must focus on the following:
positive behavior change.

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Therapeutic Modalities 492
Supremos Review & Training Center

TOOLS: the resident doing the Pull-Up will narrow down the
Pull-Up to make it clear and specific, stating the place
I. Pre-Morning Meeting. It is done early in the morning and time of the occurrence. If nobody stands to own it
before the Morning Meeting. Senior members of the up, the resident doing the Pull-Up will instead ask the
community will meet for about 15 minutes to discuss the community to stand, and there, he/she will deliver his
attitude of the house the previous day. It is also where pull-up addressing the entire family believing that the
the senior members formulate solutions to the violator is a responsibility of the whole community.
concerns discussed and to be executed during the day.
3. DEALT WITH. It is done when negative behaviors or
II. Morning Meeting. A daily ritual that starts the day in a infractions to the House Rules/Norms are done for the
TC facility. It is attended by the whole community and second time of the same offense by a resident. A panel
lasts for an hour. It commences with the Opening of three (3) composed of a senior resident, a peer, and
Prayer, the Singing of the Philippine National Anthem, a friend are tasked to deliver a serious and stern
and the recitation of the TC Philosophy. It is usually reprimand to the subjected resident. Although the tool
facilitated by any member of the community. does not strictly require the presence of staff, to attain
its purpose, the staff should monitor its conduct to
The 1st part of the meeting consists of public ensure that the panel assigned to the task acts
announcements regarding important activities or appropriately. It is done privately in a room or an area
businesses and other information that the community with no one else hearing the conversation.
needs to know. It is a review of how the community
performed the previous day and checks on the behavior 4. HAIRCUT. It is done when negative behaviors or
of erring members through the conduct of “pull-ups”. infractions to the House Rules/Norms in the same
The 2nd part of the meeting consists of entertaining offense are done for the third time or more or first-
presentations to lighten up the mood and start the day time grave offenses. It is a carefully planned and
on a positive note. It somehow develops some talents structured verbal reprimand given by a Staff with four
and sheds off the inhibitions of participants. other residents - a Senior Resident, a Peer, a Big
Brother, and a Department Head. The tone is more
III. General Meeting. A repeated breach of the Cardinal serious and can be loud, harsher, and more
Rules necessitates a General Meeting. Such an issue exaggerated. This is done to induce anxiety and
should be discussed with the community to point out to eventually change the person’s behavior.
the violator the negative effect the behavior had on the
community. Such offenses include sexual acting out 5. LEARNING EXPERIENCE. An action or activity is given
with a fellow resident, taking drugs, and engaging in to a resident who was subjected to a Haircut or
physical fights with another resident. Other facilities General Meeting and did an infraction to correct or
include stealing or even smoking as part of the Cardinal modify a behavior. LE may be task–oriented, written
Rules. These behaviors pose a threat to the community task, or peer interactions. Since TCMP is educational
because they violate the established order and safety of rather than punitive in its approach to behavioral
the facility. change, the LE should be done in a way that would
remind the person of the negative attitude he has had
HIERARCHY OF BEHAVIOR SHAPING TOOLS without compromising his human dignity. The intent of
the LE is not to stigmatize the person but to motivate
Behavior Shaping Tools (BST) are employed to him to make restitution for the wrongdoings he
strengthen the learning process and the practice of more committed and redeem himself in the community.
adaptive behaviors within the social learning environment.
The major tools of the BST, such as the Talk To, Pull–Up, 6. BANS. Sanctions to members who commit repeatedly
Dealt With, Haircut, Learning Experience, General Meeting, infractions or violations of the Cardinal Rules by
and Expulsion were developed as a means to correct prohibiting, disallowing, or limiting an activity or
behaviors of the residents that violated the TC norms. The affiliation to a group. It somehow curtails some
Hierarchy of Behavior Shaping Tools will serve as a guide freedom of movement and association. This sanction
to determine which of the tools are appropriate to be used causes unpleasant feelings that people try to avoid and
based on the severity of the infractions or violations hence may evoke behavioral changes in the future. It
committed by the residents against the TC Rules. must be applied consistently after the adverse
behavior to emphasize the negative consequences.
1. TALK TO. An outright correction is done by any member Privileges should have an impact but must not limit
of the TC community to another member who has done individual ability to meet personal hygiene, nutritional,
a minor infraction but is not aware of it. It is a friendly and emotional needs. A resident subjected to Bans
reminder/advice about unacceptable behavior and must be first processed in a General Meeting called for
must be done privately. During a “Talk To”, the resident the purpose.
is made aware of his/her negative behavior and the
results it may have on others and the environment. The 7. EXPULSION. In extreme cases, when a resident is
feedback given to the resident who committed a incorrigible and becomes a threat to the community
mistake is done positively. This is to evoke awareness (Instigator, initiator of jail disturbances), the Director
on the part of the violators to avoid committing the with the recommendation of the Disciplinary Board
same mistake and be given heavier sanctions if done may transfer him/her to the nearest jail facility with an
in the future. appropriate Court Order.

2. PULL-UP. It is done as a result of lack, missed, or


lapses in awareness in a resident. All the members of PSYCHOLOGICAL and EMOTIONAL ASPECT
the community are responsible for pull-up minor
infractions done by peers. It encourages honesty, Residents who are detained are psychologically and
demeanor awareness, and owning up to one’s emotionally challenged. They share one thing in common,
mistakes. In a situation wherein no one stood and that is being incarcerated with uncertainties as to the
owned up to a negative behavior raised in the pull-up, outcome of their cases. They feel isolated, helpless, and at

---criminator_budz
Therapeutic Modalities 493
Supremos Review & Training Center

times hopeless brought about by separation from their 2. Group counseling. It provides support to residents who
loved ones and society in general and all other issues that fall behind raises awareness about problematic
confront them while incarcerated. Such emotional turmoil behaviors and helps solve and overcome the problem.
needs to be addressed to help them bounce back and
experience a life of normalcy despite their unique situation. STATIC GROUPS is a permanent group of peers and leaders
that meet regularly while the residents are in treatment. It
COUNSELING. Defined as a professional activity of helping is a sort of “home” group that provides support for one
individuals, groups, or communities enhance or restore another and to the new members of the community. This is
their capacity for psychological, emotional, and social designed to provide a forum for self-expression and
functioning and creating an environment favorable for the disclosure. It is usually facilitated by senior members of the
attainment of these goals. group. It focuses on group relationships and patterns of
behavior.
Psychosocial Skills and Characteristics of Counseling:
PEER CONFRONTATION GROUP is selected by the staff and
1. Empathy is the ability to perceive the client’s feelings group according to peers adult members will go with the
and to demonstrate accurate perception of the client. same date of entry in the facility and the same goes with
It is merely “putting oneself in the client’s shoes”. When the middle and young members. It is done in a more
the client feels understood, a sense of trust or compassionate way where each resident tries to help one
“rapport” is developed. Rapport paves the way to more another. Participants confront each other on what they do
meaningful communication and may enable the client for themselves while in the facility and ask how they are
to understand and accept more of his or her coping with it.
complexity of feelings.
SECRETS are a group activity where participants are
2. Warmth is also called “unconditional positive regard”. allowed to unload emotional baggage and thus experience
It involves accepting and caring about the client as a freedom from internal psychological conflicts. It promotes
person, regardless of any evaluation or prejudices trust among the participants knowing that each will reveal
about the client’s behavior or thoughts. It is most often his utmost secrets to the group. It also aims to deepen
conveyed through our non-verbal behavior or bodily mutual respect among the participants.
gestures.
ENCOUNTER GROUPS serve as a “safety valve” within the
3. Respect is our belief in the client’s ability to make community which is usually highly pressured and
appropriate decisions and deal appropriately with his structured. It is a forum for members of the community to
or her life situation when given a safe and supportive verbally express pent-up or negative emotions within a
environment in which to do so. It is often shown best structured and safe environment without resorting to
by not offering advice or cheap comfort. The counselor violence or aggression and without fear of reprisal. The
shows his utmost respect to the client by listening in primary goal is to raise awareness of behaviors and
silence and allowing him to design his solutions to the explore the underlying feelings that led to such negative
problem. A similar term for this is “empowerment” as emotions.
the counselor likewise demonstrates that he values
the integrity of the client. The flow of the encounter should pass through the
four (4) phases:
4. Congruence or genuineness is being honest and
authentic in dealing with the client. It is showing real 1. Confrontation: This phase involves verbalization of
concern rather than focusing on techniques during concerns or honest disclosure of emotions that have
sessions. It is also being aware of the counselor’s own been provoked during interpersonal interactions with
unmet needs and how it may affect his relationship another resident. Regardless of the cathartic nature of
with the client. expression, the rules of the encounter group should
always be respected. The focus should always be on
5. Confidentiality means that anything discussed during how one feels because of the behavior of the other.
counseling sessions is held private and not to be There should never be any attack on one’s persona but
discussed anywhere. This contract should be held rather on his/her behavior. Each should be allowed to
sacred to maintain the client’s trust and enable him to express himself before a rebuttal is allowed. Name-
disclose sensitive matters to the counselor without calling and other hostile language may not resolve the
fear of any breach of confidentiality. problem and may even heighten the animosity
between both parties. This phase consists mainly of
the exchange of verbal expressions of emotions as a
INITIAL INTERVIEW/ INTAKE INTERVIEW way of release.

The main purpose is to elicit information about the 2. Exploration: In this phase, all the feelings that were
resident and provide information about the program and expressed are further examined and explored and find
what the expectations are for both parties. Full and honest out how they could have resulted in such a way to
disclosure is expected of the resident to elicit adequate and evoke awareness of the connection of behavior,
elaborate information and come up with the proper feelings, and attitude. In this phase, blaming or finger-
treatment plan. pointing at one party is avoided. It will only cause
resentment from one party. This phase hopes to
1. One-to-one counseling/individual counseling. This is enhance the insight of both parties encourage
to promote individual explorations help surface ownership of one’s mistakes and take accountability
complicated and troubled feelings among the for his/her actions. It allows both parties to examine
residents and provide a regular source of counsel themselves about their conflict with the other party.
guidance to residents.
3. Resolution and Commitment: After some realizations
and attaining some insights into their behaviors, the
residents are now ready to move to the last phase to

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Therapeutic Modalities 494
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practice new behaviors. From the feedback received, the residents to know their anger feelings and acquire
the resident involved will now express how he feels new knowledge and information on how to deal with
about the whole thing and may own up his behavior their feelings in different situations and personalities.
which has caused the conflict. He then goes on to make
commitments to avoid such occurrences in the future.
Such commitments made by the residents will be PRE-RELEASE INTERVIEW
monitored to make sure that they are being put into
practice to avoid lapses. It aims (1) to ensure that the resident to be released
is/are well prepared to face new challenges in the
4. Socialization: This is a structured social event where community upon their reintegration into the mainstream of
all those involved in an encounter will have ample time society, (2) to assess the various potentials of the resident
to mend fences with those they have offended or hurt which he can utilize to be a productive citizen upon his
in the past. The purpose is to achieve closure, reaffirm release from the jail, and (3) to assess the effectiveness of
relationships, and maintain the unity of the community the interventions provided and
so that all those involved can move on and leave the determine what improvements or changes need to be
past behind. made.

EXTENDED GROUP. Usually composed of 5-12 residents


and is being facilitated by 2 highly trained staff members. It INTELLECTUAL AND SPIRITUAL COMPONENTS
may last for 8-72 hours. The participants must have at least
4 months in the program and have shown adequate stability Spirituality in TC. Any action or activity that reflects
before they can be included in the activity. It is a potentially or brings out the goodness in a man. Spirituality in TCMP is
intimate and intense session that needs a significant designed to respond to the inner longing of residents to find
amount of preparation. It focuses on the “here and now” but greater faith where they can anchor themselves within
allows a deeper exploration of issues that affect new their struggle to find meaning in their existence. It
behavior. Special subjects may be the focus such as summarizes a man’s relationship with himself, others, and
sexuality, trauma, etc. the Supreme Being. The spiritual component provides the
residents with activities that would help them explore the
meaning and purpose of their existence and their particular
SPECIALIZED GROUPS. Its prime objectives are (a) to place in the world. It includes:
provide group support to resolve problems and restore the
healthy functioning of the residents who have particular 1. TC Philosophy
concerns/issues, and (b) To create a feeling of universality 2. TC Unwritten Philosophies
among residents who have similar issues or life 3. Theme/Concept of the Day
experiences. 4. Meditation
5. Religious Activities
1. Loss and Bereavement. Here, the Facilitator discusses
the process of grieving and the impact of losses, mad Intellectual Component. The intellectual component
feelings, attitudes, and behavior derived from the loss on the other hand responds to the natural human
of a loved one. The counselor gives some suggestions characteristics of yearning for knowledge to attain a higher
on how they would handle the situation appropriately level of understanding. A well-structured and well-
when there was another similar situation. At the last implemented Intellectual Component is a factor in
sessions, each participant was required to write a establishing a Therapeutic Community for the residents. It
letter to someone or a buddy to tell about the past and helps the residents restore their self-esteem as their
what they will do in the future regarding losses. minds become open to ideas and their intellect does not
cease to feed on a free and open interchange of opinions. It
2. Women’s Group. This provides an opportunity for all covers:
female residents to share and discuss their feelings on
women’s issues: family, relationship, self-identity, 1. Seminars
self-image, societal role, and reproductive issues. 2. Educational Activities (ALS)
Issues to be tackled are gender-specific problems and 3. Debates
aim to help female residents identify their challenges 4. Data Sessions/lectures
and needs. 5. Saturday Night Activities
6. Games (Grab Bag, Islands, Charade, Pinoy Henyo)
3. Men’s Group. Topics include expression of feeling, 7. Mind games
revealing of true self, dealing with feelings and how to
avoid abusive relationships, family conflicts, sexuality, THE TC PHILOSOPHY
and sexual relationships. Group sessions enabled
each of them to identify, and express the feelings It is recited daily during the Morning Meeting. It
related to the trauma and lessons learned from those embodies all the challenges and aspirations of most
experiences. residents who feel alienated and the desire to overcome
the imposed limitations on their freedom and find a place
4. Medication Support Group. The counselor holds the where they can feel safe and welcome. It acknowledges the
group once a week who are on medical and psychiatric importance of fellowship in shaping one’s behavior and
medication. Group members are educated on different motivating one’s fortitude to help oneself and others. It
kinds of medical and psychiatric problems and their likewise serves as his anchor in times of emotional turmoil
effects. which he can always go back to and reflect on. It forms
emotional binding among the participants knowing that
5. Anger Management. Facilitated by a counselor. they are grounded on the same philosophy.
Questionnaires are provided to the residents to
answer how they demonstrated their anger before 1. Surrender. “I am here because there is no refuge,
they came for treatment and while in the facility and finally from myself”. I am where I am right now
how they went through it. The group is an avenue for because I admit that something went wrong with my

---criminator_budz
Therapeutic Modalities 495
Supremos Review & Training Center

life that I have no control over. I admit that I need the 3. “To be aware is to be alive” Residents learn to be
help of a Higher Power and others to bring positive conscious of what is going on in the environment. In
change in my life. TC, minor attitudes are engrossed to prevent major
attitudinal problems from arising.
2. Self-disclosure. “Until I confront myself in the eyes and
hearts of others, I am running. Until I suffer them to 4. “Trust in your environment” There will be no change if
share my secrets, I have no safety from them. Afraid there is no honesty and disclosure. Before doing so,
to be known, I can neither know myself nor any other; trust must be established. One should believe that the
I will be alone.” I now know that unless I come out in program can help him. In doing so, he will learn to
the open and admit my mistakes, I will forever be accept the program and use its tools to evoke changes
running from them. I need to disclose my deepest in himself.
secrets to my peers so that I can find the right ways of
dealing with them. 5. “Be careful what you ask for, you might just get it”. Man
by nature is ambitious. We never get contented with
By opening myself up for others to see through me, I what we have. We want more, even if having so would
will be free from my demons and let others guide and lead us to commit mistakes. We should learn to
help me through my ordeals. Nobody can help me appreciate what we have and use it to better
unless I let them know my woes and let them ourselves.
understand that like them, I also need help.
6. “No free lunch”. In reality, nothing comes easy. If we
3. Reflection. “Where else but in our common grounds aim for something, we have to work for it. There is no
can I find such a mirror?” There is no better place to pride in getting something the easy way. It is hard to
disclose my feelings than in a place full of people with let go of something that we labored for. Change will
similar experiences where I feel safe and free from not come if we will just wait for it to happen. We have
prejudices. People are here for different reasons but to make it happen.
with a common problem. It is easy to identify with
somebody who is going through the same experience 7. “You can’t keep it unless you give it away”. Knowledge
as me. or learning is better appreciated if shared with others.
Something becomes valuable if used to help others
4. Self-realization. “Here together, I can appear clearly to make positive changes in their lives. Helping others
myself, not as the giant of my dreams not the dwarf of helps us in the process as we start to feel good about
my fears, but as a person, part of the whole with my ourselves.
share in its purpose” When I start to understand myself
better, I began to realize how all my negative behaviors 8. “What goes around comes around”. Whatever you do
came to be. It is easier to deal with something when unto others will be done unto you”. Any good deed will
we understand its roots. I will learn not to look at be rewarded while evil deeds will be punished in the
myself as too big or too small to handle all my worries. end. We should always be mindful of our actions as
I will learn that I will deal with them as a person among they are the parameters of how we will be judged in
others who are united together to help each other by the end.
relating our similar attitudes and behaviors.
9. “Act as if”. Learning and accepting the TC program is
5. Growth. “In this ground, I can take root and grow” I not easy. Most residents feel resistant to it. This
realize that this environment can help me overcome philosophy teaches the residents to go with the flow as
my mistakes and start a new life. I can anchor myself a way of compliance. In the process, they will learn to
in this community to foster permanent change. embrace it and the behavior will soon become natural.

6. Self-worth. “Not alone anymore as in death, but alive 10. “Understand rather than be understood”. It is
to myself and others” I begin to believe in my ability to sometimes common for us to be selfish. We find it hard
overcome all my challenges and give my best for to admit our mistakes hence we tend to blame
myself and others. I also believe in my ability to be of everybody but ourselves. We expect everyone around
help to others who are in similar situations. us to understand our wrongdoings but we seldom
make an effort to understand others. Understanding
TC UNWRITTEN PHILOSOPHIES others is a virtue because it speaks of humility and
patience. If we take the first step to know where others
The unwritten philosophy of TC consists of slogans are coming from, there will be fewer conflicts in
or aphorisms that are verbally given to the residents to relationships.
impart their beliefs and values of TC about their day-to-day
living. These sayings are used to remind the residents of 11. “Personal growth before vested status”. Sometimes,
what is considered important to them. we become so wrapped up in our status or positions in
life that we tend to forget to develop relationships with
1. “Honesty”. A lot of residents continue to live in a lie the people around us. We should cultivate our abilities
without the fear of its consequences. This virtue points before we scale the ladder to success.
out the importance of truth and its relevance to
recovery. 12. “Compensation is valid”. A reward for working hard is
well deserved. We get what we put into it.
2. “Responsible love and concern”. The residents will
learn how to give and accept criticisms without 13. “Forgiveness”. Accepting what has been done, moving
resentment. Bonded by trust and confidence, the on, and getting over the hurt and anger gives us a
residents know that mistakes need to be corrected if feeling of inner peace and happiness. Failure to get
the aim is to bring the other towards behavioral over the pains will pin us down and stunt our progress.
change.

---criminator_budz
Therapeutic Modalities 496
Supremos Review & Training Center

14. “Humility”. To humble oneself before others is a SEMINARS


laudable virtue. We are often enveloped by pride that it
is difficult for us to lower ourselves and admit our Seminars are activities in TC that provide
inadequacies and limitations. By doing so, we develop intellectual stimulation and seek personal involvement
a fair insight into ourselves thus giving us the among the residents. It is a way of providing information,
challenge to improve ourselves. improving the resident’s speaking and writing abilities, and
enhancing their listening ability to understand all the
15. “You alone can do it, but you can’t do it alone”. information being presented.
Oftentimes, we feel invincible and indispensable
knowing that certain tasks can only be accomplished THE DEBATE
by us. We don’t realize that we have certain limitations
and that without the help of others, the burden will be The debate is introduced to provide the residents the
too great for us. We should learn to reach out for help opportunity to learn how to reasonably put together
and admit our weaknesses. arguments in a logical manner. This is also an exercise on
how to listen and formulate ideas and demonstrate a
16. “Pride in quality”. Time flies so fast that we tend to broader understanding of certain issues. It gives the
hurry in everything we do. We lose our focus and do participants certain insights into other’s opinions which
things haphazardly just for the sake of completion. We may be opposite to their own.
should always seek for quality in our work. The product
of our labor speaks of our attitude towards life in GAMES: THE “GRAB BAG”
general.
The “Grab Bag” is a form of seminar that enhances
17. “Feelings don’t think”. We usually react impulsively to the president’s ability to communicate, analyze ideas, and
things around us because of our feelings. Before we develop insights about themselves with the use of
can even think, an action has already been done. identification with inanimate objects.
Everything starts in the mind. If we think before we act,
chances are, we will behave with contempt as we have SATURDAY NIGHT ACTIVITIES
analyzed the process before the action.
This activity is held every Saturday as a recreational
18. “Guilt kills”. One of the underlying reasons for event purposely to instill fun, humor, and entertainment
depression is guilt. It is a feeling of shame and self- after an intense and hectic week. This gives the residents
blame. If a guilt feeling remains unresolved, it can be the chance to let loose and socialize. Each static group is
turned inwards, thus resulting in self-inflicted harm. assigned a specific task or presentation to develop talents
among the residents.
19. “Hang tough”. Sometimes, we feel that there is no end
to our miseries and we feel helpless and hopeless. No
matter how dim life seems to be, there is always hope. VOCATIONAL/SURVIVAL SKILLS
Every problem is a solution. Every problem is a
learning experience that would make us tougher in The development of vocational and survival skills
dealing with life’s challenges. starts at the beginning of performance in job functions in
the TC Community which has substantial value to the
20. “You are your brother’s keeper”. In TC, each one is individual. Its aim is not only to detain or confine residents
responsible for the other members of the community. but also to challenge them to learn vocational skills for
The failure of one is the failure of all. This gives all the their reentry to the community. Vocational rehabilitation
residents a sense of responsibility in shepherding helps the individual to become less dependent, adapt
others. The success of the program is a reflection of himself, and become more independent by making positive
how one cares for the other. changes.

THEME/ CONCEPT OF THE DAY ✓ TC Hierarchical Structure


✓ Job Changes
It refers to a word or saying that will serve as a ✓ Job Functions
guide for the community to ponder upon their day-to-day ✓ Staff Functions
interactions and behaviors. It is elaborated during the
Morning Meeting by some members of the community to SKILLS AND ATTITUDE DEVELOPMENT
emphasize its relevance and how it can stimulate the
residents’ thoughts and help them change their behavior ✓ Thinking + Feeling = Behavior
into something positive. It can also be taken from the ✓ Thinking + Feeling + Behavior = Attitude
Unwritten Philosophies.
An attitude is a set of feelings, thoughts, and
MEDITATION: DISCOVERING YOUR INNER SANCTUARY dispositions. Attitudes determine how one will act. Attitude
stems from the way one thinks, feels, and behaves. The
Visualization meditation is used to help an individual ideas formed from one’s thinking will be translated into
establish a practice of moving his attention within, finding feelings. Thinking coupled with feelings will determine the
his place of relaxation and peace by contacting his inner reaction of an individual to certain situations. The person’s
wisdom. This experience is unique for everyone so much so attitude will shape his ability to learn and absorb all the
that one’s experience may be different from the others. teachings inside the program.
Some may experience visual imagery while others may not.
What is important is to do it most easily and most naturally
to attain the goal and have the opportunity to relax and
enjoy the process. After the activity, ask the participants
how they feel and what have they learned from the
experience.

---criminator_budz
Therapeutic Modalities 497
Supremos Review & Training Center

ORGANIZATIONAL HIERARCHY 4. Checks attendance and whereabouts of team


OF THERAPEUTIC COMMUNITY members.
5. Attends department heads' pre-evaluation meeting
Objectives: regarding job change.
6. Recommends grants or denies team members’ in-
1. To create an organized structure and an efficient house
system of program implementation. 7. requests in the department head meeting.
2. To foster the feeling of empowerment and self- 8. Conduct post-evaluation to residents regarding the
sufficiency among residents. result of their requests.
3. To improve the line of communication between 9. Screens team members’ requests.
personnel and residents.
4. To promote a self-sufficient TC utilizing the Department Crew
residents who possess a variety of skills.
1. Responsible for carrying out tasks, duties, and
Indicators: responsibilities of their concerned departments.

1. Orderly and peaceful community


2. Self-reliance TCMP DEPARTMENTS AND FUNCTIONS
3. Value of work evident through punctuality and
patience. Business Office Department (BOD)
4. Jobs completed on time with proper supervision.
5. Harmonious interpersonal relationships and 1. Welcomes new members of the family and makes sure
respect for that policies, rules, and limitations are clear.
6. hierarchy. 2. Responsible for facilitating younger members’ group
7. Pride in quality by sharing experiences.
3. Role model that shows how to overcome trying
HIERARCHY (from highest to lowest) circumstances (coping, adjustment, etc.)
4. Orient new residents on how to drop slips, ventilate
Coordinator feelings in the encounter group, use the behavior
shaping tools, and internalize the TC Philosophy and
1. A positive role model. Unwritten Philosophies.
2. Deals with the attitudes of the residents and acts as a 5. Provide support to residents when needed.
member of the panel during the haircut and addresses
the residents in general meetings. Expediting Team
3. The leader of a team assigned to oversee a specific
department, e.g. kitchen department 1. Oversees the day-to-day affairs of the different
4. Responsible for reporting job changes and departments.
recommends cutting off of learning experience 2. Reports any incident in the TC facility and the overall
5. Assigned as Coordinator on Duty of the day and attitude of the community.
delegates tasks to be covered for the day, i.e., 3. In charge of the attendance of the residents in groups,
investigating and booking. seminars, static, and specialized groups.
4. Confronts attitudes around the house and makes
Chief Expediter necessary steps to address them through booking.
5. Coordinate with staff regarding announcements,
1. Responsible for managing the daily functions and activities, medications, and court hearings for proper
activities of the community. information dissemination.
2. Delegates other responsibilities to the Asst. Chief
Expediter and monitors every activity.
3. Oversees the schedule of the day. Kitchen Department
4. Communicate with department heads in the execution
of job functions. 1. Prepares and cooks food for daily consumption.
5. Communicate with the Coordinator of the Day on an 2. Maintains the quality of food and dietary requirements
hourly basis. of every menu.
3. Preserve a sanitary working environment and
Assistant Chief Expediter maintain kitchen equipment properly.
4. Manages quantity of food servings to minimize
1. Responsible for the execution of directives from the wastage.
chief expediter. 5. Prepares menu for special requirements and
2. Supervises the activity inside the dormitories. occasions.
3. Monitors the overall function of the different
departments and reports to the chief all the incidents.
4. Facilitates department head meetings in the absence Maintenance and Landscaping Department
of the chief expediter, job changes, and requests. (e.g.
request for phone calls) 1. Maintains cleanliness of grounds
2. Responsible for planting, watering, and trimming
Department Head plants, trees, and flower beds
3. Maintains inventory of materials and equipment.
1. Conduct departmental meetings before job functions. 4. Informs staff of any equipment that needs repair or
2. Delegates specific tasks to team members and replacement.
monitors individual conduct. 5. Responsible for making minor repairs to jail facilities
3. Monitors participation of members in activities of the and equipment.
program (Morning Meetings, Seminars, and Group
Sessions)

---criminator_budz
Therapeutic Modalities 498
Supremos Review & Training Center

Housekeeping Department 13. Tailoring and Dressmaking


14. Furniture
1. Maintains the cleanliness of the cell area, mess hall, 15. Lantern and Christmas Décor Making
visitation area and visitor’s comfort room. 16. T-shirt printing
2. Maintains inventory of housekeeping materials such 17. Basket weaving
as brooms, dustpans, rugs, floor wax, etc. 18. Shell craft
3. Provides proper storage of housekeeping materials. 19. Guitar making
20. Organic Farming
Laundry Department

1. Assign and schedule laundry time for every dorm.


2. Designates and maintains a hanging area for washed PAROLE AND PROBATION ADMINISTRATION
clothing. (PPA)
3. Collect the dried-washed clothing and distribute it to
the respective dorms. According to probation.gov.ph., PPA has the
following ways of treating, reforming, or rehabilitating its
STAFF FUNCTIONS clients such as probationers, parolees, pardonees, first-
time minor drug offenders, those sentenced to community
1. Director. The Warden serves as the Director of the service, and those released on recognizance, to wit: -
facility. He oversees all the activities in the program.
He designates staff to serve as Counselors. He makes
final decisions as to what sanctions or learning CORRECTION AND REHABILITATION OF
experiences will be meted out to erring residents. PENITENT OFFENDERS

2. Assistant Director. This position is usually occupied by Objective:


the Assistant Warden. He takes over the
responsibilities in the absence of the Director. He To effect the rehabilitation and reintegration of
reports directly to the Director and assists him in the probationers, parolees, pardonees, and first-time minor
conduct of the latter’s responsibilities. drug offenders as productive, law-abiding, and socially
responsible members of the community through:
3. Counselor. A staff is assigned as a Counselor for each
department. The jail setup is unique as the Counselors • well-planned supervision programs for probationers,
take on other responsibilities in addition. parolees, pardonees, and first-time minor drug
offenders which are aligned to national program
Due to the inadequate number of jail personnel, thrusts of the government, such as the Sariling-Sikap,
custodial officers are oftentimes assigned as Jail Decongestion, etc.
Counselors. The Counselors are responsible for the
conduct of the different activities of TC daily. Each • Establish innovative and financially and technically
Counselor will monitor the activities of their respective feasible projects for the moral, spiritual, and economic
departments. They will conduct individual counseling upliftment of probationers, parolees, pardonees, and
and facilitate groups. They are present in the conduct first-time minor drug offenders utilizing available
of the different behavior-shaping tools. community resources.

Scope And Beneficiaries:


LIVELIHOOD AND SKILLS TRAINING
All offenders are granted probation, parole, pardon,
Objectives: and suspended sentence.

1. To motivate the participation of the residents in The Administration has adopted a harmonized and
the livelihood and skills training in preparation for integrated treatment program for these clients to effect
reintegration into the mainstream of society. their rehabilitation. This harmonized and integrated
2. To cultivate and enhance one’s capacity to become program involves:
productive and improve self-worth.
1) The Therapeutic Community Modality
Indicators: 2) The Restorative Justice Principles and Concepts
and
1. Self-reliant, resourceful, and creative individuals 3) the Use of Volunteer Probation Aides (VPAs).
2. Generate income
Therapeutic Community Modality. –
List of Suggested Vocational Skills Training:
A self-help social learning treatment model is used
1. Culinary Arts for clients with problems of drug abuse and other
2. Basic Steel Fabrication behavioral problems such as alcoholism, stealing, and
3. Beads Making Enhancement other anti-social tendencies. As a treatment model, it
4. Rug making includes four (4) categories, namely, behavior
5. Wood carving management, intellectual/spiritual aspect, emotional and
6. Flower making social aspects, and vocational/survival aspects.
7. Massage Therapy
8. Artistry In this regard, the Therapeutic Community Modality
9. Basic Electricity provides a well-defined structure for a synchronized and
10. Automotive focused implementation of the various intervention
11. Masonry and Carpentry strategies/activities undertaken by the Agency such as:
12. Tailoring and Dressmaking

---criminator_budz
Therapeutic Modalities 499
Supremos Review & Training Center

1. Individual and group counseling. This activity intends hierarchy, authority, and responsibility much like in the
to assist the clients in trying to sort out their problems, bigger society.
identify solutions, reconcile conflicts, and help resolve
them. This could be done either by individual or group 9. Payment of Civil Liability. The payment of civil liability
interaction with the officers of the Agency. or indemnification to victims of offenders is pursued
despite the economic status of clients. Payment of
2. Moral, Spiritual, Values Formation. Seminars, lectures obligations to the victims instills in the minds of the
or trainings offered or arranged by the Agency clients their responsibility and the consequences of
comprise these rehabilitation activities. Active NGOs, the harm they inflicted on others.
schools, and civic and religious organizations are
tapped to facilitate the activities. 10. Environment and Ecology. To instill awareness and
concern in preserving ecological balance and
3. Work or Job Placement/Referral. Categorized as an environmental health, seminars/lectures are
informal program wherein a client is referred for work conducted wherein clients participate. These
or job placement through the officer’s effort, contact, seminars/lectures tackle anti-smoke belching
or information. campaigns, organic farming, waste management,
segregation and disposal, and proper care of the
4. Vocational/Livelihood and Skills Training. The program environment.
includes the setting up of seminars and skills training
classes like food preservation and processing, candle 11. Sports and Physical Fitness. Activities that provide
making, novelty items and handicrafts making, etc., to physical exertion like sports, games, and group play
help the clients earn extra income. Likewise, are conducted to enhance the physical well-being of
vocational and technical trade classes are availed of clients. Friendly competition of clients from the
such as refrigeration, automotive mechanic, various offices of the sectors, together with the
radio/television and electronics repairs, tailoring, officers, provide an enjoyable and healthful respite.
dressmaking, basic computer training, etc. through
coordination with local barangays, parish centers,
schools, and civic organizations. THE THERAPEUTIC COMMUNITY (TC)
IN THE DOJ-PPA PROGRAM FOR
5. Health, Mental, and Medical Services. To address some REHABILITATION OF OFFENDERS
of the basic needs of clients and their families, medical
missions are organized to provide various forms of
medical and health services including physical Self-Help Social Learning Treatment Modality that
examination and treatment, free medicines and uses the TC Family/Community of Staff (PPOs and VPAs)
vitamins, dental examination and treatment, drug and clients as the primary therapeutic vehicle to foster
dependency test, and laboratory examination. behavioral and attitudinal change. Its rules and norms
shared beliefs, tools, and processes combine to enable
Psychological testing and evaluation as well as clients to actively work toward their individual goals for
psychiatric treatment are likewise provided for by the “right living.” Held in a community-based non-residential
Agency’s Clinical Services Division and if not possible setting, it addresses clients’ individual, and group needs
because of distance, referrals are made to other through a holistic/multi-disciplinary range of
government-accredited institutions. activities/interventions within the five (5) treatment
categories:
6. Literacy and Education. In coordination with LGU
programs, adult education classes are availed of to 1. Relational/ Behavior Management,
help clients learn basic writing, reading, and 2. Affective/Emotional-Psychological
arithmetic. Likewise, literacy teach-ins during any 3. Cognitive/Intellectual,
sessions conducted for clients become part of the 4. Spiritual, and
module. This is particularly intended for clients who 5. Psychomotor/Vocational-Survival Skills.
are “no read, no write” to help them become
functionally literate. It integrates Restorative Justice (RJ) principles and
practices and mobilizes the involvement of the general
Likewise, linkages with educational Foundation, other public through the VPAs
GOs, and NGOs are regularly done for free school
supplies, bags, and uniforms for client’s children and
relatives. THERAPEUTIC COMMUNITY

7. Community Service. This program refers to the The Therapeutic Community (TC) is an environment
services in the community rendered by clients for the that helps people get help while helping others. It is a
benefit of society. It includes tree planting, treatment environment: the interactions of its members
beautification drives, cleaning and greening of are designed to be therapeutic within the context of the
surroundings, maintenance of public parks and places, norms that require for each to play the dual role of client-
garbage collection, blood donation, and similar socio- therapist. At a given moment, one may be in a client role
civic activities. when receiving help or support from others because of
problem behavior or when experiencing distress. At
8. Client Self-Help Organization. This program takes the another time, the same person assumes a therapist role
form of cooperatives and client associations wherein when assisting or supporting another person in trouble.
the clients form cooperatives and associations as an
economic group to venture on small-scale projects. Mission: To promote human and social transformation
Similarly, client associations serve another purpose by among our clients and ourselves.
providing some structure to the lives of clients where
they re-learn the basics of working within a group with Vision: By the end of this decade, TC shall have become the
corporate culture of the Parole and Probation

---criminator_budz
Therapeutic Modalities 500
Supremos Review & Training Center

Administration permeating its plans, programs, and placement and can tap community resources for client's
practices, and confirming its status as a model component social and physical needs.
of the Philippine Correctional System.
Therapeutic Community is a tool that the
Administration uses to prepare the client for reintegration
How Does TC Work? into the community as a reformed, rehabilitated,
productive, drug-free, and law-abiding person.
The operation of the community itself is the task of
the residents, working under staff supervision. Work
assignments, called “job functions” are arranged in a
hierarchy, according to seniority, individual progress, and BUREAU OF CORRECTIONS
productivity. These include conducting all house services, THERAPEUTIC COMMUNITY CENTER
such as cooking, cleaning, kitchen service, and minor
repair, serving as apprentices and running all departments,
and conducting meetings and peer encounter groups. BUCOR Therapeutic Modalities are provided in its
Therapeutic Community Center (TCC) Standard Operating
The TC operates similarly to a functional family with Manual. Although the targeted inmates are drug
a hierarchical structure of older and younger members. dependents, it may also be applied to other inmates.
Each member has a defined role and responsibilities for
sustaining the proper functioning of the TC. There are sets
of rules and community norms that members upon entry ADMISSION OF INMATES AT THE TCC
commit to live by and uphold.
RECEPTION AND DIAGNOSTIC CENTER (RDC)
Salient Features of TC
Orientation period
The primary “therapist” and teacher are the
community itself, consisting of peers and staff, who, as role The Bureau of Corrections RDC in every
models of successful personal change, serve as guides in correctional facility shall undertake a two-month
the recovery process. orientation for convicted drug offenders within which those
who are qualified and volunteer to be admitted at the TCC
TC adheres to precepts of right living: Truth/honesty; shall be introduced to the regular activities in the center.
Here and now; Personal responsibility for destiny; Social The TC principles shall be amply explained to them, Regular
responsibility (brother’s keeper); Moral Code; Inner person procedures specified in BuCor Operating Manual shall be
is “good” but behavior can be “bad”; Change is the only undertaken at this stage and the following procedures shall
certainty; Work ethics; Self-reliance; Psychological be accomplished:
converges with philosophical (e.g. guilt kills)
a) physical/mental examination
It believes that TC is a place where: One can change b) orientation on corrections rules and regulations
– unfold; the group can foster change; individuals must take c) interview by the TCC counselor, psychologist,
responsibility; structures must accommodate this; Act as if social worker or other TCC staff or officers.
– go through the motion.
Assessment of applicants
Categories of activity that help promote change:
The RDC shall keep a complete record of the
1. Relational/Behavior Management applicant which shall include his circumstances; brief
2. Affective/Emotional/Psychological personal, social, and occupational history, and; the result
3. Cognitive/Intellectual of the in-take interview, A copy of this record shall be
4. Spiritual forwarded to the TCC where the applicant may be admitted.
5. Psychomotor/Vocational-Survival Skills
Preparation of treatment and rehabilitation plan
These tools serve more than just the purpose of
curbing unproductive behavior. They are also a means used A treatment and rehabilitation plan shall be
for enforcing community sanctions on behavior that prepared before the admission of the TCC applicant.
undermines the safety and integrity of the community such Procedures of the treatment and rehabilitation shall be
as violations of the cardinal rules of TC: NO drugs, NO discussed with him. If he agrees with these, he shall be
violence or threat of violence, NO sexual acting out, and NO prepared for transfer to the TCC.
stealing! Everything an officer does is meant to erase
“street behavior” and to lead the offender to be committed Documents required before admission of the applicant at
to “right living”. the TCC.

When the office gives seminars and tutorials, The following documents contained in an envelope
arranges activities focused on the Higher Power, and shall be forwarded to the TCC where the applicant will be
conducts games, educational trips, and other recreational admitted:
activities, we touch on the TC aspect of the Intellectual and
Spiritual Dimension. Aside from the role of a direct 1) Intake interview result
supervisor, the VPAs may be the invited resource persons, 2) Case Summary
donors/sponsors, facilitators, lecturers, etc. during these 3) Recommendation by the RDC TCC Staff
seminars. 4) Consent form duly signed by the applicant

The skills training and livelihood activities fall within


the purview of TC’s Vocational and Survival Skills, so with
Medical/Dental Clinics and Environmental Conservation
activities. In this aspect, the VPAs can facilitate job

---criminator_budz
Therapeutic Modalities 501
Supremos Review & Training Center

Place of Admission Transfer of mentally disturbed recipient. –

The recipient shall now be transferred to the TCC in A recipient, on the recommendation of the CEO, can
the corrections facility where he was committed by the be transferred to the NBP Hospital or any government
court. hospital for psychiatric treatment. The TCC psychiatrist
shall conduct a thorough examination of the recipient to
Personal effects of the recipient determine the need for his transfer to an appropriate
treatment facility.
In addition to the necessities supplied by the
corrections institution, the recipient may bring clothes and OUTSIDE MOVEMENTS OF TCC RECIPIENTS
other personal items essential to his well-being, the
quantity, nature, and dimension thereof will not interfere Movements of recipients outside the TCC
with the safety and living conditions of the other recipients.
Luxurious items such as air-conditioners, carpets, sofas, Movements of the recipient shall be limited to the
expensive beds, and sleeping mattresses are not allowed. defined areas except when attending religious functions
and fetching visiting families, relatives, and friends from
Wearing of Jewelry the regular visiting hall after having undergone the
mandatory two-month "commitment period" at the TCC
A recipient is not allowed to wear jewelry except for dormitory building.
an inexpensive watch.
Approval of outside movement

CLASSIFICATION OF TCC RECIPIENTS The TCC counselor, upon recommendation of the


coordinator/supervisor, shall approve the movement of the
Technical Staff, Administrative Staff recipient outside the building/dormitory.

Respective staff members shall classify recipients


according to the hierarchical requirements of the TCC, RIGHTS AND PRIVILEGES OF
which shall be: TCC RECIPIENTS
1) Training Staff
2) Chief Expediter Rights/Privileges of a TCC Recipient:
3) Shingle
4) Department Head Rights of a TCC recipient
5) Crewmember
The same rights provided at the Bureau of
Recipients, how classified Corrections Manual shall be enjoyed by the TCC recipient,
which are:
Recipients shall be classified according to the 1) to receive compensation for the labor he
degree and/or quality of their performance at the TCC. Their performs;
ascent into more responsible positions at the TCC 2) to be credited with a time allowance for good
hierarchy shall be earned through their positive changes in conduct and loyalty
behavior and good attitude towards work. 3) to send and receive mail;
4) to practice his religion or observe his faith;
Provision for basic needs and amenities 5) to receive authorized visitors;
6) to ventilate his grievance through proper channel;
Each TCC dormitory shall have the following 7) to receive death benefits and pecuniary aids for
facilities: injuries.
1) Kitchen and dining area
2) administrative office Privileges of a TCC recipient
3) Counseling room
4) Recreation/fitness area The following privileges shall also be extended to
5) Library the TCC recipient:
6) Function area for the morning meetings and
vocational courses 1) attends or participate in any entertainment or
7) Laundry/wash area athletic activity within the corrections reservation;
2) read books and other materials in the library;
Provision of food 3) participates in civic, religious and other activities
authorized by the TCC and corrections authorities.
Each TCC shall be supplied with raw food which 4) receives gifts and prepared food from visitors,
shall be cooked by its kitchen department. subject to inspection;
5) proper documentation, filing and follow-up of
TRANSFER OF TCC RECIPIENTS records:
6) segregation from prison gangs;
Transfer of TCC recipients to another TCC facility. – 7) freedom from problem of overcrowding;
8) provision of free basic amenities;
Upon recommendation of the Chief Executive 9) assistance in preparing motion to grants of parole
Officer (CEO), a recipient may be transferred to another or executive clemency;
TCC facility, and shall be approved by the Director. Any 10) acquisition of vocational skills;
transfer shall be for the benefit of the recipient, to bring 11) referral to post imprisonment work program.
him closer to his family, or as part of his treatment and
rehabilitation program. The recipient's transfer shall be
made known to his family before it is affected.

---criminator_budz
Therapeutic Modalities 502
Supremos Review & Training Center

TREATMENT AND REHABILITATION


Visiting rights OF TCC RECIPIENTS

The visiting rights of a TCC recipient follow that of Preliminary Provisions:


what the Bureau of Corrections Manual provides, which
allows him to be visited by his family and reputable friends Conduct of treatment and rehabilitation
at regular intervals. His legal counsel may visit him at any
time, as provided by his constitutional rights. TCC recipients are in a state of mind where their
behavioral problems have fed them into a life where the
Visitors' list use of addictive substances helps them enjoy their
everyday existence, oblivious of the ill effects of their
A list of the recipient's visitors shall be compiled actions until they violate certain laws that caused them to
and maintained which shall include his family such as his land in prison. Causes of these conditions shall be
parents, stepparents, brothers and sisters, wife and identified in the process of their treatment and
children. Upon the request of the recipient, the list may rehabilitation_ Appropriate procedures shall be followed
include his grandparents, aunts, uncles, in-laws, and according to each recipient's experiences and present
cousins. Other visitors may, after investigation, be included condition, adopting the therapeutic community approach.
in the list if the recipient will benefit from such contact.
Treatment and rehabilitation process
Visiting days and hours
The standard Guidelines for the Treatment and
A TCC recipient may be visited from Sundays to Rehabilitation of Drug Dependents, approved by the
Thursdays from 8:00 a.m. to 3:00 p.m. There shall be no Dangerous Drugs Board (DDB), shall be applied to the
visits on Fridays and Saturdays. Other visiting days may be individual as well as group of TCC recipients.
allowed on approval of the Director of Corrections or
Superintendent/Operation Officer of the Corrections facility Evaluation of treatment and rehabilitation progress
where the TCC is located.
A standard Evaluation Guideline approved by the
Limitation on visiting rights DDB shall be used in measuring degree of changes in the
TCC recipients' drug abuse as well as social behavior.
The Director may limit the length or frequency of
visits as well as several visitors to avoid overcrowding. TCC Recipients' Services:
Exceptions may be granted after taking into consideration
special circumstances, such as the distance of travel of the Recipients' Services
visitor and the frequency of visits the recipient receives.
Each TCC recipient shall be guaranteed access to
Visiting Area health, educational and vocational courses, religious
activities, sports, fitness and recreation and other related
The TCC function area shall be used in accepting treatment and rehabilitation services.
recipients' visitors. Visitors shall be fetched from the
regular visiting hall within the corrections facility and shall Health services
be escorted to the TCC.
Health care and services shall be accorded to the
Privacy of Visits TCC recipients by providing them unlimited access to the
corrections hospital medical and dental facilities.
The TCC Assistant Coordinator shall authorize the
Inmate Training Staff to maintain the privacy of visits in the Medical consultation and visiting hours
TCC. They shall not be obstructed during the visits and in
no manner shall any of the TCC staff eavesdrop on them. Medical consultation shall conform to the existing
The recipient may be required to bring along his visitor to system in the penal institution, unless otherwise required
the TCC office to update the visitors on the progress of his by the CEO or any of the TCC Technical and Administrative
rehabilitation. Staff.

Conjugal Visits

A TCC recipient may enjoy conjugal visits from his


spouse. This may, however, be temporarily suspended
when certain house rules have been violated by the
recipient.

Visits of legal counsel

His legal counsel on record may visit a TCC recipient


at reasonable hours of the day or night.

Violation of visiting rights

Any violation of the ICC House Rules for a


determined number of times shall mean temporary
suspension of the visiting rights of the recipient, which
shall, however, exclude his legal counsel.

---criminator_budz

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