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Overview of Penology and Corrections

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0% found this document useful (0 votes)
69 views21 pages

Overview of Penology and Corrections

Uploaded by

enjeluhmism
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1

Christian Polytechnic Institute of Catanduanes, Inc.


College of Criminal Justice Education
Bachelor of Science in Criminology
COMPREHENSIVE ENHANCEMENT PROGRAM
Correction Administration Institutional Correction

Penology
 Is the study of punishment of crime; a branch of criminology dealing with prison management and the
treatment of offender.
 From the Greek word “poena” which means pain, punishment or penalty.
 The term was derived from the Latin word “poenalis” which means punishment.
 Penology word was 1st used in popular English literature sometime before 1874.

CORRECTIONS
 it is one of the Pillars of the Criminal Justice System which Undertakes the reformation and rehabilitation
of offenders for their eventual absorption into the social and economic streams of the community
through institutional or Community-based program.

 it is the 4th Pillar of the Criminal Justice System which is tasked to rehabilitate and reform penitent
offenders. It came from the root word “correct” which simply means to make right or change from
wrong to right. How are we going to make corrections and rectify faults?

INSTITUTIONAL Corrections

 Institutional Corrections is a means of correcting an individual by placing him/ her to an institution or


place where he/ she can be treated well until he/ she becomes fully recovered and accepted by the
community.

 If an accused has been involved in several forms of offenses and may therefore be a risk to the
community, then he deserves to be incarcerated and corrected inside jail rather than to enjoy the benefits
of a community-based rehabilitation program. Jail is an Institution, therefore when the accused is placed
to serve his sentence inside jail; we are implementing an Institutional Corrections.

Early Forms of Punishment

Tribal system/ordeals

 Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined
by subjecting them to an unpleasant, usually dangerous experience
 In some cases, the accused were considered innocent if they survived the test, or if their injuries
healed; in others, only death was considered proof of innocence.
 If the accused died, they were often presumed to have gone to a suitable reward or punishment
in the afterlife (hell or heaven), which was considered to make trial by ordeal entirely fair.
 In pre-modern society, the ordeal typically ranked along with the oath and witness accounts as
the central means by which to reach a judicial verdict.
 From old English, has the meaning of “judgment” or “verdict”

Early Forms of Punishment


Red hot iron ordeal Ordeal of Red Water
Ordeal of boiling water Red bean ordeal
Trial by combat Ordeal by wind
Ordeal by fire Ordeal by turf
Ordeal of cold water Ordeal of cave
Ordeal of cross Balance ordeal
History of Corporal Punishments

 Corporal punishments predate the use of prison and early uses of imprisonment were limited to
holding the criminal until the corporal punishment could be carried out. Specific corporal
punishments could vary in terms of the level of humiliation, pain, and disfigurement, for

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example from throwing garbage at an immobilized offender to branding to cutting out


someone’s heart.
 Such punishments tended to be focused on the lower classes, with an “exemption of the
aristocracy from bodily punishment”.

Corporal Punishments

Maiming Stocks Flogging Furca


Banishment Saxony Ducking stool Ergastulums
Guillotine Galley slavery Fater familias Breaking of the wheel

Ducking Stool
(1600s to early 1800s)

• The stool often resembled a see saw, with the offender placed in a
chair then plunged into cold water “in order to cool her immoderate
heat”

Furca

 Also called patibulum or crucifixion.

 a method of putting to death by nailing or binding to a cross, normally by the hands and feet, which was
widespread in the ancient world

Stocks

• are hinged heavy timbers with holes cut in them to hold arm and/or legs, so that the restrained offender
“was powerless to escape the jests and jeers of every idler in the community”

Bridles and gags (branks)

 “a sort of iron cage, often of great weight; when worn, covering the entire head; with a spiked plate or flat
tongue of iron to be placed in the mouth over the tongue” so “if the offender spoke she was cruelly hurt”

 This device locked in the back, and women would either be lead around town or attached to a post. Have
ornamentation that gives the wearer’s face a bestial appearance and he notes that the women staked out
in the public square could expect “painful beatings, besmearing with feces and urine, and serious,
sometimes fatal wounding – especially in the breasts and pubes”

Pillory
(1600s to early 1800s)

• is similar to stocks in design (and ubiquity) but holds “the human head in its
tight grasp, and thus holds it up to the public gaze”

• The significant aspect of the pillory is humiliating the offender, which the
public did by throwing “rotten eggs, filth, and dirt from the streets, which was
followed by dead cats, rats” and “ordure from the slaughter-house”

Whipping posts

Similar to the pillory in design, although they also could be literally a post to which the offender was secured. Some
communities tied an offender to a whipping cart and walked through town “till his body became bloody by reason
of such whipping”

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Branding

Branding is a more enduring version of the scarlet letter, which offenders had to display to publicize their misdeeds

Human branding or stigmatizing is the process in which a mark, usually a symbol, is burned into the skin of a living
person, with the intention that the resulting scar makes it permanent.

Branding

• The English verb to burn, attested since the 12th century, is a combination of old Norse brenna "to burn,
light," and two originally distinct old English verbs: bærnan "to kindle“ and beornan "to be on fire"

• In Dutch, Branden mean "to burn", brandmerk a branded mark; similarly, in German, Brandzeichen means
"brand“ and brandmarken, "to brand."

Maiming

 Maiming could take many forms, usually aimed symbolically at addressing the crime:

 a blasphemer would have his tongue cut out or fixed to the side of his cheek; thieves could have a hand
cut off, etc

Breaking on the wheel

 Breaking the major bones of the body with an iron rod while tied to a large circle symbolizing eternity.

Quartering

• offender is tied to four horses that pull in different directions

Emasculation

• Castration was one of the penalties for anything regarded then as ‘un-natural’ sexual practice
(heterosexual as well as homosexual - even using different sexual positions could be regarded as un-
natural).

Galley Slavery

• A galley slave was a slave rowing in a galley. The expression has two distinct meanings: it can refer either
to a convicted criminal sentenced to work at the oar (French: forçat or galérien), or to a kind of human
chattel, often a prisoner of war, assigned to his duty of rowing.

Guillotine

• The device is noted for long being the main method of execution in France (where it was invented) and,
more particularly, for its use during the French Revolution, when it "became a part of popular culture,
celebrated as the people's avenger by supporters of the Revolution and vilified as the pre-eminent symbol
of the Reign of Terror by opponents

• On 10 October 1789, Doctor Joseph-Ignace Guillotin, a French physician, proposed this kind of
punishment in reformation of capital punishment.

• the guillotine continued to be used long after the French Revolution in several countries, including
France, where it was the sole method of execution until the abolition of capital punishment in 1981.

Definitions

• Retribution- (retaliation) personal vengeance

• Expiation- group vengeance

• Wergild- monetary compensation for somebody’s slain

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• Punishment- is the imposition of penalty to produce satisfied suffering on the offender so that the society
is justified in making him suffer for his wrong doings.

• Restores the balance between pleasure and pain.

• The redress that the state takes against an offending member.

• peno-correctional- combination of correctional treatment with penal confinement.

• Big school- slang for penitentiary.

• Isolation- means separate, separation of offenders from law-abiding citizens

• Incapacitation- inability of criminals to victimize people outside prison walls while they are locked up.

• Rehabilitation- restore or return to constructive or healthy activity

• Reintegration process of making the offenders a productive member of the community

• Compurgation- an early practice whereby the accused swears an oath of innocence backed-up by a group
of oath helpers who would attest to his character and claim of innocence.

• Deterrence- refers to the terrorizing effect of punishment inflicted on offenders upon the whole
population.

 General deterrence- preventive effect of the threat of punishment on the general population.
 Specific deterrence- effect of punishment future behavior of the persons who experience the
punishment.

• Faterfamilias- virtually limitless power to punish erring family members and slaves.

• American civil war- battle of the Yankees for the equal right to posses and exploit the plantation slaves of
the Southern Confederacy.

Early Forms of Codes

Code of Hammurabi

• 300 B.C., by King Hammurabi of Babylon.


• Carved in stone discovered in 1902 by French Archeologist.
• Credited as the first codified laws.

• The Law of the Tallon (lex tallones) or the principle of “tit or tat”, “eye for an eye, tooth for a tooth”
principle, are most viewed in this code especially on sections involving death or mutilation

Sumerian Code

• Was found to be nearly one hundred years older than Code of Hammurabi

12 tablets of Rome

• Or the “lex talio”, early codes of Roman law. The date that is most accepted is 450 B.C., when these laws
were created..

• These laws formed an important part of the foundation of all subsequent Western civil and criminal law.
The laws were written on tablets, said to have been inscribed on bronze.

12 tablets of Rome

• History refers to this group of laws as "The Twelve Tables" because the written laws were organized into
12 sections.

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• These laws talked about property, crime, family, theft, marriage and inheritance applied to every Roman
citizen, be he rich or poor.

Justinian Code

• 529 A.D. by Roman Emperor Justin.

• The law became the standard law on all the areas occupied by the Roman empire particularly in Europe.

• This was revision of the 12 Tables of Rome

Burgundian Code

• Introduced the concept of restitution but punishments were meted according to social class of the
offenders.

Urnamu Code

• In city of Ur in Sumeria.

• Carried the concept of Restorative Justice because it attempts to reestablish the lost relationship between
the involved parties in the crime.

The Hittites

• Existed about two centuries after reign of Hammurabi


• Brutal, just like Code of Hammurabi
• Used death as punishment for many crime

Deuteronomy or the Mosaic Code

• Fifth book in the bible,


• Made by Moses , covenant between God and people
• They begin with the Ten Commandments

The Code of Draco

• Considered to be the first written law of the Greek civilization,


• Codified by Draco, An Athenian lawgiver first legislator of Athens
• Code known for having severe penalties

The Code of Solon

• He repealed almost all law of Code of Draco, and created law provided just punishment
• Term Solon is used to refer to any member of the Senate or house of Representative

The Lex Salica

• Legal customs of the ancient Germanic tribes


• Monetary compensation for wrongdoing

The Law of Islam

• Found in Koran
• Holy Bible of Muslim religion

The Bloody Code

• Law and punishment of England between 1688 – 1815


• The usual punishment provided for many crimes during this period was death

Other codes:

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• Manama Dharma- India

• Hermes Trismegitus- Egypt

• Mosaic Code- Bible

• Urnamu’s Code- City of Ur in ancient Sumeria

Aristotle

• Made the first attempt to explain crime in his book “Nicomedian Ethics” states that:

a. “punishment is a means of restoring the balance between pleasure and pain”

b. “Corrective justice is a means whereby the loss suffered by the wronged man is compensated. Suffering
by the offender restores the balance between the injured and the transgressor”

Age of Enlightenment

• 18th century, also called the age of reason, although 18th century is also considered the brutal ages of
punishing, its later part made a great transition in punishment system.

Schools of Thought in Criminology

• Classical School

• Neo Classical

• Positivists

Contributors of School of Criminology

Cesare Bonesana Marchese di Beccaria ( Cesare Beccaria )

(March 15, 1738 – November 28, 1794)

• Authored the Classical Theory with Jeremy Bentham.

• In 1764 Beccaria published a brief but justly celebrated treatise Dei delitti e delle pene ("On Crimes and
Punishments"), which marked the high point of the Milan Enlightenment. In it, Beccaria put forth the first
arguments ever made against the death penalty. His treatise was also the first full work of penology,
advocating reform of the criminal law system.

• Great contribution to penal system was the publication of “Crimes and Punishment” in 1764. It was a
direct result of protest over cruelties and inequalities of the law and the courts.

Essential Principles of Beccaria’s Book

• Prevention of crime is more important than punishment for crime.

• Imprisonment could be more widely employed but its mode of applications should be greatly through
providing better physical quarters and by separating and classifying the prisoners into age, sex and degree
of criminality.

• punishment had a preventive (deterrent), not a retributive, function;

• punishment should be proportionate to the crime committed;

• the certainty of punishment, not its severity, would achieve the preventive effect;

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• procedures of criminal convictions should be public; and finally,

• in order to be effective, punishment should be prompt.

Jeremy Bentham

15 February 1748 – 6 June 1832

It was Bentham who popularized Beccaria’s views on UTILITARIANISM, which states that evaluated by their
tendency to produce advantage, pleasure and happiness and to avoid or avoid unhappiness.

• According to Bentham, the purpose of criminal law is to provide for the “greatest happiness; greatest
number of people and punishment must also fit the crime and no one punishment is best.”

• Bentham believed that the purpose of all laws is to produce and support the total community it serves
since punishment is in itself harmful, its existence is justified only if it prevents greater evil than it creates.

John Howard

• 1773, appointed Sheriff of Bedfordshire, a local gaol (jail) in England.


• “book” The State of the Prisons in England and Wales in 1777
• He also the one who introduced the term PENITENTIARY
• English Act of 1779, secure and sanitary structure, jail inspection, elimination of fees and emphasis on
reforming prisoners
• He considered one of the first reformers
• He died of typhus or gaol (jail) fever while visiting prisons in Russia.

Cesare Lombroso

• Father of Modern Empirical Criminology

• Italian criminologists that constructed the first trait theory of crime, argued that you could tell how highly
evolved someone was from their physical appearance

Goldfarb

• States that “jail is dumping ground for society’s problem described them as ultimate ghetto.”(poorest part
of the city)

Development of Prisons

Brief History of Prisons

• Use of imprisonment began in 14th and 15th century. Prisons evolved as a substitute for transportation,
exile, public degradations particularly corporal punishments, and the death penalty

• In the United States where prisons were first established, imprisonment was introduced as substitute for
corporal punishment and death penalty.

• when, by the provision of the Pennsylvania Reform Law of 1790, corporal punishment was abolished and
the list of offenses punishable by death was introduced to only one offense- that of first degree murder

• As the United States and Europe curtailed the use of the death penalty, prisons and penitentiaries were
constructed to take care of the unexecuted and unpardoned criminals. Long sentences required prisons
and penitentiaries that were not places of detention for those awaiting trial or short sentences but for
lengthy stay of offenders convicted of serious crimes.

Auburn System

• Solitary confinement at night, with enforced silence at all times.

• Notable elements of the Auburn system were striped uniforms, lockstep and silence.

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• John D. Cray, as the man who devised most of the elaborate techniques which were necessary to maintain
the silent system, such as the lockstep, various seating and working arrangements, and the undeviating
routine which inmates followed from dawn to dark.

• Cray resigned in 1823 when he found his position working under Lynds too difficult to endure. Lynds
would not allow Cray to open a school for illiterate convicts, something he believed in.

• Also known New York System or Congregate System

The Pennsylvania System

• Pennsylvania prisons beginning in the early 1830’s


• Also called separate system (solitary confinement day and night complete silent)
• Finally abolished in 1913

William Kemmler

• The first person to be executed by the electric chair in New York's Auburn Prison on August 6,
1890

Pennsylvania Prison System

William Penn

 known as the "separate" system of prison


 complete solitary day and night

Charles Dickens

• the English novelist, concluded in his American Notes (1842) that the Pennsylvania plan was "cruel and
wrong," saying he found "this slow and daily tampering with the mysteries of the brain, to be
immeasurably worse than any torture of the body

Prison Hulk

• The hulks were old sailing ships at Portsmouth harbor or on the Thames at Woolwich, originally used as
holding prisons for people waiting to be transported. The rise in crime at the end of the French Wars
caused a shortage of prisons

Sing Sing Prison bath

• The shower bath was a gadget constructed as to drop a volume of water on the head of locked
naked offender. The force of icy water hitting the head caused so much pain and extreme shock that
prisoners immediately sank into coma due to shock and sudden drop of temperature.
• Elam Lynds
• The creator of the Auburn system starting in 1821 and was Warden of Sing Sing from 1825 to
1830.

Martha M. Place

• The first woman to be executed in the electric chair, executed at Sing Sing Prison on March 20, 1899.
• The electric chair has been criticized because of several instances in which the subjects were killed only
after being subjected to multiple electric shocks. This led to a call for ending of the practice because many
see it as cruel and unusual punishment.

Alcatraz Federal Penitentiary

• Boasted most modern medical facility in prison.


• Located at San Francisco Bay established to house dangerous criminals from 1934-1963.
• Famous for the “The Rock” and now part of the Golden Gate National Recreation area.
Alcatraz Federal Penitentiary

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• Robert Straud
– “Bird Man of Alcatraz”
• James Johnston
– 1st warden of Alcatraz.
Devil’s Island

• Located in French Guiana


• Climate is so unhealthful that many prisoners died. Known as place from which there was no
return. The horrors of the penal settlement became notorious after the French Army Captain Alfred
Dreyfus was sent there in 1895.

Panopticon Prison

• Designed by English philosopher and social theorist Jeremy Bentham in 1785


• The concept of the design is to allow an observer to observe (-opticon) all (pan-) prisoners without the
incarcerated being able to tell whether they are being watched.
• Bentham himself described the Panopticon as "a new mode of obtaining power of mind over mind, in a
quantity hitherto

Borstal Institution

• A borstal was a specific kind of youth prison in the United Kingdom, run by the Prison Service and
intended to reform seriously delinquent young people. The word is sometimes used, incorrectly, to apply
to other kinds of youth institution or reformatory, such as Approved Schools and Detention Centres. The
court sentence was officially called "borstal training". Borstals were originally for offenders under 21, but
in the 1930s the age was increased to under 23.

Mamertine Prison
• Early 640 BC
• Roman King Ancus Martius in Rome.

Le Stinche
• First public prison in Europe,
• 1297 in Florence , Italy

New Gate Prison


• London, 1188 by King Henry II
• 1783 become London main Prison

Wymondham Prison
• England first penitentiary, 1785

Reformatory Movements
Manuel Montesinos- Director of the prisons of Valencia, Spain, in 1835, divided prisoners into companies and
appointed prisoners as petty officers in charge. Academic classes of one hour a day were given all inmates under
20 years of age.

Domets of France- established agricultural colony for delinquent boys in 1839. The boys were housed in the
cottages with house fathers as incharge. The system was based on re-education rather than force. When
discharged the boys were placed under the supervision of a patron.

Mark System

• Introduced by Alexander Maconochie, the father of modern penology.


• (11 February 1787–25 October 1860) was a Scottish naval officer, geographer, and penal reformer.
• Almost 1400 convicts had been discharged during Maconochie's term, and he always claimed that a high
percentage did not offend again. He is known as the "Father of Parole".

Irish System

• or called the progressive stage system introduced by Sir Walter Crofton

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Elmira Reformatory

• Opened with Zebulon R. Brockway as superintendent. Referred as the forerunner of modern penology.
The features of Elmira were a training school type of institutional program, social case work in the
institution, and extensive use of parole.

Bride well System

• Indiana and Massachusettes- where the first separate institutions for women were established.
• Bridewell System- vagrants and prostitutes were given work while serving their sentences.

Juvenile System

• Child Savers- their most trustworthy accomplishments is the banishtype program of removing city-based
youth in conflict with law from their criminal parents and transferred to decent farming families in far rural
areas.
• Cook County, Illinois- the first juvenile court was established in 1899

The Industrial Prison Movement

• The value of prison labor began to be recognized in every prison system because of the contribution that
the work program gave to the finances of the institutions. Nearly every prison, therefore, converted into
a factory engaged in the manufacture of articles which were sold in the open market for profit.

The golden age of penology


• Period of 1870- 1880

INSTITUTION-BASED CORRECTIONS

1. Department of Justice (DOJ)


takes care of the National Prisoners. The National Prison and Penal Farms which is being supervised and
administered by the Bureau of Corrections (BUCOR) This is headed by a civilian Director General,. Tasked to
rehabilitate national prisoners so they can become useful members of society upon completion of their sentence

These are the prisoners whose penalty ranges from THREE (3) YEARS and ONEDAY- UP to include LIFE and DEATH
penalties or a fine of more than five thousand pesos, or regardless of the length of sentence, to one sentenced for
violation of custom law or other laws under the jurisdiction of the Bureau of Customs or enforceable by One (1), or
for violation of immigration and election laws, or to one sentenced to serve two (2) or more sentence the total of
which exceeds three years. National Prisoners are also referred to under the law as Insular Prisoners

(2) The Department of the Interior and Local Government (DILG)

• Takes care of the municipal, city and district Jails. The Provincial Jails and sub-provincial jails are operated
by the Provincial Local government Units under the supervision and management by their respective
governors in each province and whose penalty ranges from SIX (6) MONTHS and ONE DAY UP TO
THREE(3) YEARS;
• the local jails namely, the Municipal jails, City jails and District jails are under the supervision and
administration of the Bureau of Jail Management and Penology (BJMP) and whose penalty ranges from
ONE (1) DAY to SIX (6) MONTHS for Municipal Jail inmates, and for City Jail inmates whose penalty
ranges from ONE (1) DAY TO THREE (3) YEARS. The district jail may be created thereat if the monthly jail
population is less than ten (10) inmates

What is a district Jail?

• DISTRICT Jail is a consolidation of all inmates in two or four municipal jails whose inmate population is less
than 10 monthly provided it will be located near the Metropolitan Trial Court or Regional Trial
Court .Purposely to maximize the manpower and other logistical requirements.

(3) The Department of Social Welfare and Development (DSWD)

takes care of the sentenced Youth offenders. which are located in the ten (10) Regional Youth Rehabilitation
Centers nationwide.

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 There are ten (10) rehabilitation centers for youth offenders, nine of which are for boys while only one is
for girls. Of the nine centers for boys one is the National Training School for Boys which also happens the
be the largest RRCY. This is located in Sampaloc, Tanay, Rizal and it caters to youth offenders coming
Regions IV, V and NCR. The only RRCY for girls is also the National Training School for Girls located at
Marillac Hills, Alabang, Metro Manila.

 The eight other RRCYs are located in Barangay Urayong, Bauang, La Union for those coming from Region I,
II and the Cordilleras; Barangay Ayala, Magalang, Pampanga for Region III; Nueva Valencia in the island
province of Guimaras for Region VI; Barangay Candabong, Argao, Cebu for Region VII; Barangay Sto Nino,
Leyte for Region VIII; Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte for Region IX; Gingoog
City for Region X; and Barangay Bago Oshiro, Davao City for Region XI. Youth offenders from Caraga
Region are sent either to Dipolog, Gingoog or Davao depending on which is most accessible.

RA 9344- Juvenile Justice and Welfare Act of 2006

• Under the law children 15 years old and below would be exempted from criminal liability while youth
offender ages 16 to under 18 years old could only be criminally charged if they committed the crime with
discernment.
• It also provides the immediate turnover of children in conflict with the law to social workers upon
apprehension.
• If detention is necessary, the youth offenders would be transferred to youth detention homes set up by
the local governments and non-government organizations.
• The law also created the Juvenile Justice and Welfare Council under the Department of Justice that would
oversee its implementation and advise the President regarding the protection of youth offenders.

Prison and Farm Penitentiary in the Philippines

• The first penal institution in the country was established even before the affectivity of the Spanish Penal
Code and whiles the Recompilation laws were still the existing laws of the islands. This prison facility is the
Bilibid Prison which was constructed in [Link] Azcarraga, Manila.. it was only recognized and formally
designated as an Insular Penitentiary through Royal Decree issued in 1865. The physical layout was
constructed in conformity with the dominant concept of criminology existing in Europe

• Twenty-two (22) years after the establishment of the Bilibid Insular Penitentiary, the San Ramon Prison
and Penal Farms was established 1869 in the Southern tip of Zamboanga. The Zamboanga Peninsula was
also a banishment site for political non-conformists coming from Luzon and the Visayas. This is one of the
reasons why our own national hero , Dr. Jose P. Rizal who fought for reforms, which the island colonial
authorities found objectionable and subversive to their tastes, was exiled in Dapitan.

San Ramon Prison and Penal Farms was named in memory of its founder, Ramon Blanco, a Spanish Captain in the
Royal Army
• It was closed during the Spanish-American War of 1898 but reopened in 1904 after the victorious
American grabbed possession of the Philippines from Spain and the Americans have established control
over this colony. The land area is 1,524.6 hectares The principal product is copra, which is the biggest
sources of income of the Bureau of Prisons.

In 1904, another penal colony was established in Iwahig, Palawan on the order of Governor Forbes, then the
incumbent Secretary of Commerce and Police. The establishment of this penal facility was made on the
suggestion of Governor Luke E. Wright., who felt the need for an institution designed for incorrigible offenders. An
American construction foreman left Bilibid on November 16,1904 with 16 prisoners and sailed to Palawan to start
building the colony thereat
However, this contingent turned against their custodian, hogtied their Superintendent and the short lived revolt
was quelled with the timely arrival of Philippine Scout reinforcement from Puerto Princesa., the provincial capital
• In November 1, 1905, Reorganization act 1407 was passed into law mandating the Philippine
Commission to create the Bureau of Prisons under the department of Commerce and Police.
Later, jurisdiction was assigned to the Dept. of Instruction., the predecessor of the Dept. of
Education. Finally to the Dept. of Justice
• The Iwahig Penal Colony, as a destination for maximum security incorrigible prisoners. Instead,
convicts who were well behaved and pliable were assigned to this facility. The reason to convert
the 38,611 hectares of fertile lands into production areas for revenue and as a means to prisoner
rehabilitations

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• Today, this Penal institution is considered as one of the most open penal institution in the world.
It was from this facility that the term “Prison without Wall” had its beginning. Iwahig was divided
into four (4) sub-colonies for a more practical consideration of easier administration and
mangement.

• These sub-colonies are

o Santa Lucia,
o Inagawan,
o Montible,
o Central.
• Each sub-colony operates as an autonomous institution under the management of a Penal supervisor.
The colony allocated 1,000 hectares, which was distributed to release inmates who no longer had
any desire to return to their original homes and who instead want to settle for good in Palawan. This
is the Tagumpay Settlement. The prisoners were awarded six (6) hectares farm lots as homestead.

 On November 27,1929, Republic Act 3579 was passed into law establishing the Correctional Institution
for Women. This Penal institution was constructed on an 18-hectare piece of land, in Mandaluyong.
Before the construction of this women institution
• Prisoners were confined in portion of the Bilibid Prison. In 1934, the position of Female
superintendent was created to superintendent the operation of this penal facility. Today, the
institute is run entirely by female personnel with the exception of the perimeter guards who are
male.
 New Bilibid Prison was constructed in 1936 in Muntinlupa in a 552 hectares of land and in 1941 the
actual transfer of Muntinlupa facility was established. This site was previously acquired by the city to
become the site for the Boys Training School. The Bilibid Prison in Manila was renamed Old Bilibid
Prison to avoid confusion and presently known as Manila City Jail. This was constructed by virtue of
Proclamation 414 in 1931 as an enabling Order to Commonwealth Act No. 3732. these official edicts were
also the official basis for the opening of the Davao Penal Colony.
• The New Bilibid Prison houses maximum security convicts including the death row, the electric chair
chamber when it was still in use and now the lethal Injection chamber. It is considered as one of the
biggest prisons in the world in terms of the number of prisoners population. The central office of the
Bureau of Corrections are also housed here.
• Outside the compound and within the reservation, three (3) other Satellite Prisons are situated.
These are the minimum security camp called Camp Bukang Liwayway, the name implying the
coming release of prisoners destined here. Miminum Security inmates are those with severe
physical handicap as certified by the chief prison medical officer, 65 years old and above and not on
appeal or without pending case; those who served at least ½ of their minimum sentence or 1/3 of
their maximum sentence excluding Good Conduct Time Allowance and those with only 6 months to
serve before expiration of maximum sentence.
• The second is Camp Sampaguita, which houses medium security prisoners. Medium Security
inmates are those with less than 20 years sentence, remand inmates or detainees below 20 years
sentence, 18 years old and below regardless of case or sentence, those who have 2 or more escape
records but have served 8 years since recommitment, those with one record of escaped but have
served five (5) years as maximum security and upon recommendation of the superintendent
The Director of Corrections may grant GTCA to an inmate for good behavior with no record or disciplinary
infraction or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner’s sentence for
good behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied to all
prisoners as long as he does not commit violations of prisons rules and regulations. GCTA is a kind of right that can
only be denied if the prisoner breaks the rules and only after due process is observed

Republic Act No. 10592 ART. 99. Who grants time allowances. – Whenever lawfully justified, the

• Director of the Bureau of Corrections,


• the Chief of the Bureau of Jail Management and Penology and/or
• the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct.
• Such allowances once granted shall not be revoked.”

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Good conduct entitles the inmate to the following deductions from his sentence:

1. In the first two years of incarceration, 5 days deduction for each month of good behavior.
rd th
2. From the 3 to 5 year, 8 days deduction for each month of good behavior
th
3. From 6 year to 10 years, 10 days deduction for each month of good behavior; and
4. From the 11th year, 15 days deduction for each month of good behavior.

• GTCA may also be granted to a detainee to be deducted from his sentence if convicted provided that he
voluntarily offers to perform labor as maybe assigned to him during his detention period. Such voluntary
offer must be in writing.
• An inmate whose sentence is life imprisonment but is on appeal is not entitled to GCTA.

• GCTA cannot be revoked without a just cause. GCTAs revoked for a just cause may be restored at the
discretion of the Director of Correction upon recommendation of the Superintendent

• In addition to the GCTA, a prisoner may also be entitled to another five days per month deduction from
the sentence he has to serve when he has been classified as a trusty or penal colonist.

• This is provided by Act. No. 2489, otherwise known as the Industrial Good Time Law. Life imprisonment is
also automatically reduced to thirty years imprisonment upon being classified as a trusty or penal
colonist.

• Under section 98 and 158 of the Revised Penal Code, Special Time Allowance (STA) for loyalty equivalent
to one-fifth of the sentence shall be deducted from the inmates sentence if, after the inmate abandoned
prison due to disorder arising from conflagration, earthquake, explosion, or similar catastrophes, or
during a mutiny in which the inmate did not participate voluntarily submits himself to the authorities
within forty-eight hours following the issuance of a proclamation announcing the ending of the calamity.
• The Youth Rehabilitation Center for juvenile offenders is also situated here.

• And the third facility is the Reception and Diagnostic Center that receives newly committed prisoners
coming from the jails nationwide. Inmates accepted by the RDC will be studied and classified, the purpose
of which, is the formulation of the individualized treatment program designed to achieve the most
successful rehabilitation

• Upon admission, the inmate or detainee if he has a pending case, will be put in quarantine in a designated
cell at the RDC for a minimum of five (5) days during which he shall be administered the ff. Physical exam,
mental, orientation, private interview and etc.

The Davao Penal Colony was established in January 21,1932 by virtue of Republic Act 3732 and Proclamation No.
414. Retired General Paulino Santos, the incumbent Prisons Director at the time the first contingent of prisoners
that opened the colony that covers an area about 18,000 hectares.

• The Japanese transferred the prisoners who were destined here to the Inagawan sub-colony if Iwahig
Penal Colony. Before the Japanese left the facility due to the return of the Americans, they destroyed all
its buildings, machineries and industries. By August ,1946, however, the colony was able to re-establish its
pre war status.

• At present the Davao Penal Colony houses medium and minimum security prisoners. They work in the
open fields escorted by the colony custodial force. It is now the biggest abaca plantation in the country.. It
is a major banana producer having secured a joint venture agreement with Tagum Development
Company. In a 3,000 hectares banana plantation. These banana products are exported to Japan, Saudi
Arabia, Egypt and many other countries.

• Davao Penal Colony has two (2) sub-colonies: (1) Panabo and (2) kapalong with each under a penal
supervisor. It has also a settlement site for released prisoners who no longer wish to return to their homes
but choose to remain in Davao as homesteaders. This settlement area is called Tanglaw Settlement.
Settlement.
• Reception Diagnostic Center which was established in 1953 by virtue of Administrative order no. 11 issued
by the Secretary of Justice. The Center was established to enable the Bucor to conduct a more effective
rehabilitation of prisoners committed to the Bureau’s care through a more scientific study and diagnoses
of each and every prisoner committed to the Bureau.

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On September 17,1954, the president of the Philippines issued Proclamation No. 72 allocating 16,000 hectares of
land in Sablayan, Occidental Mindoro for the setting up of another penal colony. The Sablayan Penal Colony and
Farm was established to met the increasing population of prisoners that is already causing serious congestion.

• In those times, the New Bilibid Prison that was supposed to confine only 3,000 had a population more
than twice that capacity. The actual land area is 16,408.5. The principal activity is agriculture and rice is
the main product.

The last Penal facility to be built by the Bureau of prisons is the Leyte Regional Prison in Abuyog. This was
established in January 16,1973 on the orders issued under the Martial law by President Ferdinand E. Marcos

The Bureau of Jail Management and Penology was created pursuant to Republic Act 6975 signed on December
13,1990 and became known as the DILG Act of 1990.

On December 10,1974, Presidential Decree no. 603 otherwise known as the Child and Youth Welfare Code of 1974
was promulgated. This Code became the magna Carta for Children and was the first in the entire ASEAN region.

• Before P.D.603 went into effect, however, there is already a long existing law covering the probationary
treatment of juveniles in conflict with the law.

• This is Commonwealth Act no. 3203 that went into effect on December 3,1924. This is the first youth
offenders law of the land this law established the Welfare Institutions, which took responsibility of taking
charge of all government child-caring institutions, Home for the Aged and Infirm as well the Philippine
training School for Boys. They were put under the supervision of the office of Public Welfare Commission.

• All these facilities were centralized and located at what was known as Welfareville in Mandaluyong. It has
fifty (50) hectares land with forty (40) buildings. Five (5) of the buildings were for orphanage of different
types of orphaned children, homes for the homeless, neglected, displaced and abandoned boys picked up
by the Police, the Philippine Training School for Boys and the Philippine Training School for Girls which
serve for confinement institution for youths in conflict with the laws, and home for the aged and infirm.

• On November 29,1969 the Philippine training School for Boys was transferred to Sampaloc, Tanay, Rizal
where it continues to stay to this day. It was named Vicente Madrigal Rehabilitation Center, in honor of
the one who donated the land. Eventually, however, it returned to its old official name, the National
training School for Boys.

On the other hand, the Philippine training School for Girls transferred to Alabang, Muntinlupa City which became
the MARILLAC HILLS up to this day.

Safekeeping Functions

RULE I

COMMITMENT AND CLASSIFICATION OF PRISONERS OR DATAINEES

 A person can be committed to jail only upon the issuance of an appropriate order by a competent court or
authority so mandated under Philippine laws. This Rule enumerates these courts and authorities, and
classifies inmates according to the conditions for their commitment.
Section 1. COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL – The following (courts &
entities) are authorized to commit a person to jail

A. Supreme Court
B. Court of Appeals
C. Sandiganbayan
D. Regional Trial Court
E. Metropolitan / Municipal Trial Court
F. Municipal Circuit Trial Court
G. Congress of the Philippines
H. All other administrative bodies or persons authorized by law to arrest and / or commit a person to jail
Section 2.
2. CATEGORIES OF INMATES – The two (2) general classes of inmates are:

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A. Prisoner – inmate who is convicted by final judgment


B. Detainee – inmate who is undergoing investigation / trial or awaiting trial / sentencing
Section 3.
3. CLASSIFICATION OF PRISONERS – The four (4) main classifications of prisoners are:

A. Insular Prisoner – one who is sentenced to a prison term of three (3) years and one (1) day to
death
B. Provincial Prisoner – one who is sentenced to a prison term of six (6) months and one (1) day
to three (3) years.
C. City Prisoner – one who is sentenced to a prison term of one (1) day to three (3) years.

D. Municipal Prisoner – one who is sentenced to a prison term of one (1) day to six (6) months.

Section 4. CLASSIFICATION OF DETAINEES – The Three (3) types of detainees are those:

A. Undergoing investigation
B. Awaiting or undergoing trial; and,
C. Awaiting final judgment

Section 5. INMATES SECURITY CLASSIFICATION – The following are the classification of inmates according to
security risk
A. High Risk Inmates
B. High Profile Inmates
C. Ordinary Inmates
Section 6. REQUIREMENTS FOR COMMITMENT – The following are the requirements for commitment:

1. Commitment Order
2. Medical Certificate
3. Complaint / Information
4. Police Booking Sheet
RULE II

RECEPTION PROCEDURES, CLASSIFICATION AND DISCIPLINARY BOARDS AND PUNISHABLE ACTS OF INMATES
• One of the Guiding principles of the United Nations Standard Minimum Rules for the Treatment of
prisoners states that “Imprisonment and other measures which result in cutting off an offender from the
outside world are afflictive by the very fact of taking from a person the right of self-determination by
depriving him / her liberty. Therefore, the prison system shall not, except as incidental to justifiable
segregation for the maintenance of discipline, aggravate the suffering inherent in such a situation”,

• Hence, a well-planned and organized reception of detainees is critical to achieving this. The inmate’s first
impression of the correctional process greatly influences his / her attitude and behavior toward the
custodial and rehabilitative regimens he / she must undergo during confinement, and perhaps, to some
extent, affect his / her outlook and adjustment after his / her release. This rule provides guidance on the
reception and disciplinary aspects of jail management.

Section 1

• Reception Procedures – A decent and humane program of confinement starts with a systematic reception
of inmates for commitment to the BJMP’s jail facilities. The Following procedures should therefore be
observed:

A. The Jail Desk Officer carefully checks the credentials of the person(s) bringing in the inmate to determine
his/her/their identity and authority. The officer also ascertains from the person that all law enforcement
procedures, including the verification for standing warrant / criminal record of the arrested person therefore
before physical presentation in court, must have been undertaken prior to the inmate’s transfer / commitment to
the jail.

This is understood therefore that other standing warrants must have been served when a person
is admitted for jail custody.

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B. The jail Desk Officer carefully examines the arrest report and the authenticity of the commitment order or
mittimus in due form to determine whether the inmate has been committed under legal authority as provided for
by Section 3, Rule XIII of the Rules of Court.

C. Person arrested by virtue of a Warrant of Arrest must secure a Commitment Order from the Court where the
Warrant of Arrest is issued before he can be committed to jail.

D. The admitting jail officer all cash and other personal property from the inmate, lists them down on a receipt
from in duplicate, duly signed by him / her and countersigned by the inmate. The original receipt should be kept
for the record and the duplicate copy should be given to the inmate.

E. All cash and other valuables of the inmate must be turned over to the Property Custodian for safekeeping and
covered by official receipts.

F. The inmate is then fingerprinted and photographed.

G. The admitting jail officer accomplishes a jail booking report attaching, there to the inmate’s photograph for
reference

H. The newly admitted inmate shall be thoroughly strip-searched. His / Her clothing shall also be carefully
examined for contraband. He / she is then checked for body vermin, cuts, bruises and other injuries, and for needle
marks to determine if he / she is a drug dependent.

I. The jail Medical Personnel or the Local Health Officer immediately conducts a thorough Medical Examination of
the inmate.

J. When it is not possible for the Jail Medical Personnel to be in attendance during the inmate’s admission, the
receiving officers shall observe the mental alertness, overall appearance, physical abnormalities, rashes, scratches
or other identifying marks of the individual and note them down in the inmate’s jail booking report. The offender
observed to be suffering from any contagious disease is immediately isolated.

K. A medical record is accomplished by the Jail Medical Personnel or Local Health Officer, showing the condition of
the inmate at the time of admission and to include, if possible, his / her medical history.
I. Upon commitment, the inmate should be briefed or oriented on the jail rules and regulation by the Chief
Custodial Officer or the Officer of the Day prior to classification and segregation

M. The sentenced inmates shall be provided with jail clothing. His / Her personal clothing should be properly
received, cleaned and stored safely until his / her release. The detainee, for his / her own safety, may be allowed to
wear civilian clothes.

N. The warden establishes and maintains a record of all inmates, consisting of information on the inmate’s name
and alias, if any; weight, height and body marks or tattoos, if any; nationality and, if a naturalized Filipino, his / her
previous nationality; previous occupation / profession; prior criminal convictions; and previous place of residence

In case of a detainee, the record shall also indicate the crime of which he / she was convicted; the sentencing
court, his / her sentence and the commencement date thereof; institutional behavior and conduct, and date he /
she was received for confinement

In case of a detainee, the record shall indicate the Criminal Case number in trial court where the case is pending; or
the Case number in the Appellate court if the case is on appeal and the status of the appeal; or the reason for his /
her detention.

O. Upon completion of the reception procedures, the detainee is assigned to his / her quarters.

P. The detainee should be issued all the materials that he / she will be using during his / her confinement, if such
materials are available.

Q. Upon receipt of a detainee, he / she shall be apprised, preferably in the dialect which he / she understands, that
under Article 29 of the Revised Penal Code, as amended by the Republic Act No. 6127, his / her preventive
imprisonment shall be credited in the service of his / her sentence, consisting of deprivation of liberty for the
whole period he / she is detained if he / she agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners;
Provided, that he / she is not a recidivist or has not been previously convicted twice or more times of any crime;
and when, upon being summoned for the execution of his / her sentence, he / she surrendered voluntarily.

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R. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted inmates, he / she shall be
asked to sign a Detainee’s Manifestation. Otherwise, the warden issues a Certification under oath to the effect that
the detainee was apprised of the provisions of Article 29 of the RPC, as amended, and that the detainee refused to
abide the rules imposed upon convicted inmates.

S. An inmate who signs a Detainee’s manifestation shall be treated as a sentenced inmate insofar as work and
discipline are concerned. Any failure or neglect to perform his / her assigned work shall be sufficient cause for the
cancellation of the Manifestation. Thereafter, he / she shall not be treated as a convicted inmate cease to earn the
privilege granted.

T. A Detainee who is covered by a Certification is not required to work but he / she may be made to clean his / her
cell and perform such other work as may be necessary for hygienic or sanitary reasons. He / She shall be credited
with the service of his / her sentence with four-fifths (4/5) of the time during which he / she was detained.

U. The warden submits the Detainee’s Manifestation or Certification as the case may be, to the proper court
before the date set for the arraignment of the inmate and the same shall form part of the records of the case.
The same procedure shall be followed with respect to all accused persons who have been convicted but whose
cases are pending appeal before a higher court. The Detainees Manifestation or Certification as the case may be,
shall form part of the records of the case.

V. Full credit for the preventive imprisonment shall commence from the date of the Detainee’s Manifestation.

SECTION 2. CLASSIFICATION BOARD

Each jail shall maintain Classification board, if facilities and personnel are available, to be composed of the
following.

Chairman - Deputy Warden


Member - Chief, Custodial/Security Office
Member - Medical Officer/ Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development

SECTION 3. DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD

The Classification Board is tasked to conduct background investigation of inmates to determine the work
assignment, type of supervision and degree of custody and restrictions under which an inmate must live in jail. The
investigation shall focus on:
A. Facts and data of the present case;
B. Earlier criminal history and if he / she is a recidivist or habitual delinquent, the facts about his / her
attitudes and behavior while confined in other institutions.
C. Biography or life history;
D. Medical History
E. Vocational, recreational, educational and religious background / interest; and,
F. Psychological characteristics as evaluated by the psychiatrist and psychologist.

The inmate is required to appear before the classification Board for a frank discussion concerning his / her
strengths and weaknesses. After this, he / she is informed of the program planned for him / her. He / She is asked
if he/ she is willing to undergo this program for his / her own good. If necessary, the Board will see to it that the
program planned for the inmate is followed.

Section 4 . DISCIPLINARY BOARD

A disciplinary Board shall be organized and maintained by jails for the purpose of hearing disciplinary cases
involving any inmate who violate jail rules and regulations. It shall be composed of the following:
Chairman - Deputy Warden
Member - Chief, Custodial / Security Officer
Member - Medical Officer / Public Health Officer
Member - Jail Chaplain
Member - Inmates, Welfare and Development Officer
Member - Inmate’s Representative

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If the above composition is not feasible because of personnel limitations, the Warden shall perform the Board’s
functions as a Summary Disciplinary Officer

Section 5. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD

The Board is tasked to investigate the facts of an alleged misconduct referred to it. It shall hold sessions as
often as necessary in a room, which may be provided for the purpose. All cases referred to it shall be heard and
decided within forty-eight (48) hours from the date of receipt of the case.

Section 6. AUTHORIZED DICIPLINARY PUNISHMENT FOR INMATES

The Board is authorized to impose any of the following disciplinary punishments:


A. Reprimand;
B. Temporary or permanent cancellation of some or all recreational privileges;
C. Cancellation of visiting privileges;
D. Extra-fatigue duty for sentenced inmates;
E. Confinement in a cell, provided that this punishment shall be imposed only in the case of an incorrigible
inmate, when other disciplinary measures had been proven ineffective; and,
F. Transfer to another BJMP jail in the area, in coordination with the court.

In addition to the above-mentioned punishment, the Disciplinary Board may recommend to the Warden partial or
full forfeiture of Good Conduct Time Allowance (GCTA) to be earned for that month and subsequent months
depending upon the gravity of the offense.

Section 7. LIMITATIONS ON DICIPLINARY PUNISHMENT FOR INMATES

The Disciplinary Board shall consider the following limitations when imposing disciplinary punishment:

A. No pregnant inmate or one who breastfeeds a baby shall be subjected to any disciplinary punishment.
B. No infirmed or handicapped inmate shall be meted out punishment which might affect his / her health or
physical well-being.
C. Corporal Punishment, confinement in dark or inadequately ventilated cells and any form of cruel, unusual,
inhuman degrading punishment are absolutely prohibited.
D. Whenever the penalty of extra-fatigue duty or solitary confinement imposed may affect the health of the
inmate, he / she shall be made to undergo medical examination to determine his / her physical fitness to serve
his / her punishment.
E. When necessary, the Jail Physician shall visit the inmates undergoing punishment and shall advise the Warden
for the termination of the punishment on grounds of physical or mental health.
F. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be applied as the form of
punishment. They shall only be used as a precaution against escape and on medical grounds to prevent an inmate
from injuring himself or others.
G. Breaches of discipline shall be handled objectively and decisions shall be executed firmly and justly.
H. As a general rule, every violation of discipline shall be dealt with accordingly. In extreme case where the
violation necessitates immediate action, the Warden or the Officer of the Day may administer the necessary
restraints and report the action taken to the Disciplinary Board.

Section 8. PROCEDURES IN THE HEARING OF DISCIPLINARY CASES

The Following procedures shall be followed in the hearing of disciplinary cases:

A. The aggrieved inmate informs any member of the custodial force of the violation; the latter in, turn officially
reports the matter to the Desk Officer. If one of the jail employees knows the violation committed by the inmate, a
brief description shall be made of the circumstances surrounding or leading to the reported violation and all facts
relative to the case;

B. The desk officer simultaneously informs the Warden and shall immediately cause the investigation. He / She
submit to the Warden his / her report together with his / her recommendations;

C. The Warden evaluates the report if he / she believes that there is no sufficient evidence to support the alleged
violation, he / she shall dismiss the case. If he / she believes that sufficient evidence exist, he / she shall decide the
case and impose the necessary penalty in case of minor violations. If the offense is less grave or grave, he / she
shall endorse it to the Disciplinary Board for hearing or decide it him / herself as a Summary Disciplinary Officer if
there is no Disciplinary board;

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D. The inmate shall be confronted of the reported violation and asked how he / she pleads to charge. If he / she
admits the violation or pleads guilty, the Board of the Warden, as the case may be, shall impose the corresponding
punishment;

[Link] the inmate denies the charge, the hearing shall commence with the presentation of evidence and other
witnesses by the Desk Officer. The inmate shall the be given the opportunity to defend him / herself by his / her
testimony and those of his / her witnesses, if any, and to present other evidences to prove his / her innocence;

F. After hearing, the Board decides the case on the merits;

G. Whether the inmate is found guilty or not, he / she should be advised to obey the rules and regulations strictly
and be reminded that good behavior is indispensable for his / her early release and / or granting of privileges; and.

H. Decisions of the Board or Summary Disciplinary Officer are subject to review and approval by the warden and/
or higher authority, respectively. The inmates may request by the Warden and / or higher authority, respectively.
The inmates may request a review of findings of the board or summary disciplinary officer and the propriety of the
penalty from the National Headquarters, BJMP, whose decision shall be final.

SECTION 9. PUNISHABLE ACTS

An inmate is strictly prohibited from committing any of the following acts:

A. Minor Offenses

1. Selling or bartering with fellow inmate (s) those items are not classified as contraband
2. Rendering personal service to fellow inmates;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in his / her quarters and / or surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints on behalf of other inmates;
7. Late in formation during inmate headcount without justifiable reason; and,
8. Willful waste of food.

B. LESS GRAVE OFFENSES

1. Failure to report for work detail of sentenced inmates without sufficient justification;
2. Failure to render assistance to an injured personnel or inmate;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during religious, social and other group functions;
5. Swearing, cursing or using profane or defamatory language directed at other persons;
6. Malingering or pretending to be sick to escape work assignment;
7. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly BMJP personnel;
8. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel;
9. Forcing fellow inmates to render personal service for him / her and / or to others;
10. Exchanging uniforms or wearing clothes other than those issued to him / her for the purpose of circumventing
jail rules;
11. Loitering or being in an authorized place;
12. Using the telephone without authority from the Desk Officer / Warden
13. Writing, defacing, or drawing on walls, floors or any furniture or equipment;
14. Withholding information which may be inimical or prejudicial to the jail administration;
15. Possession of lewd or pornographic literature and / or photographs;
16. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason and;
17. Failure to turn over any implement / article issued after work detail

C. GRAVE OFFENSES

1. Making untruthful statements or lies in any official communication, transaction, or investigation.


2. Keeping on concealing keys or locks of places in the jail which are off-limits to inmates;
3. Giving gifts, selling, or bartering with jail personnel
4. Keeping in his her possession money, jewelry, cellular phones or other communication devices and other items
classified as contraband under the rules;
5. Tattooing others or allowing him / her to be tattooed on any part of the body, or keeping any paraphernalia to
be used in tattooing;

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6. Forcibly taking or extorting money from fellow inmates and visitors;


7. Punishing or inflicting injury or any harm upon him / herself or other inmates
8. Receiving, keeping, taking or drinking liquor and prohibited drugs;
9. Making, improvising or keeping any kind of deadly weapon;
10. Concealing or withholding information on plans of attempted escapes;
11. Unruly conduct and flagrant disregard or discipline and instructions;
12. Escaping, attempting or planning to escape from the institution or from any guard;
13. Helping, aiding or abetting others to escape;
14. Fighting, causing any disturbance or participating therein and / or agitating to cause such disturbance or riot;
15. Indecent, immoral or lascivious acts by him / her or others and / or allowing him / herself to be the subject to
such indecent, immoral or lascivious acts;
16. Willful disobedience to a lawful order issued by any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government property or equipment;
19. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion
of legal procedures as a mock by the inmates in a jail / prison.
20. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves
from others;
21. Failing to inform the authorities concerned when afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc;
22. Engaging in gambling or any game of chance;
23. Committing any act which is an violation of any law or ordinance, in which case, he / she shall be prosecuted
criminally in accordance with law and;
24. Committing any act prejudicial to good order and discipline.

RULE III TREATMENT OF INMATES WITH SPECIAL NEEDS

The United Nations Standard Minimum Rules for the Treatment of prisoner provides that “so far as possible,
separate institutions or separate sections of an institution shall be used for the treatment of the different classes of
prisoners”. The BJMP has adhered to this principle since its creation; however, the rise in criminality in recent
years, coupled with the passage of more stringent laws (especially for drug-related offenses)

And the adoption of better crime solution methods, resulted to a marked increase in inmate population in BJMP
detention centers. The lack of funds to expand existing jails or to build new ones aggravates the situation. This
Rule, therefore, provides guidance to Wardens and Jail Officers on how to treat inmates with special needs, given
and limited resources.

SECTION 1. BASIC POLICY

As a general rule, inmates with special needs should not be held in jails with other regular inmates. For
example, female inmates should be confined in institutions that are separate from those used for males. However
given the reality of budget constraints, increasing inmate population, insufficient facilities and inadequately-
equipped detention homes, Wardens and Jail Officers shall endeavor to provide the best arrangement they can for
such inmates, in keeping with this Rule. It is assumed that the inmates have been properly evaluated and classified
for this purpose.

SECTION 2. HANDLING INMATES WITH SPECIAL NEEDS

The following guidelines shall be observed in handling of inmates with special needs:

A. Female

1. The female quarters should be fully separated from the male quarters.
2. In larger jails, a female personnel may be designated to keep the keys to the female quarters and make the
same available at any time.
3. No male inmate shall be allowed to enter the female quarters; and,
4. Only work suitable to their age and physical condition should be assigned to female inmates

B. Drug Users / Dependents / Addicts

1. Inmates found to be drug users / dependents / addicts / should be segregated from other inmates,
especially during the withdrawal period;
2. Maintain close supervision of inmates to prevent attempts to commit suicide or self-mutilation;

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3. Only a qualified physician shall prescribe sedatives / stimulants deemed necessary for the inmate’s
treatment;

C. Alcoholics

1. Place alcoholics in quarters separate from other inmates and maintain close supervision to guard against
suicide attempts;
2. Any symptoms of abnormal behavior among inmates should be reported immediately to the jail physician;
and,
3. Exercise close supervision to guard against the smuggling of liquor and other intoxicating drinks or
products containing alcohol.

E. Mentally-ill

1. The mentally-ill should be under the close supervision of a jail medical personnel;
2. Place the mentally-ill in separate cells and special restraint rooms provided for violent cases;
3. Exercise close supervision to guard against suicide attempts or violent attacks on others; and
4. The mentally-ill should be transferred as soon as feasible to mental institutions for property psychiatric
treatment.

C. Sex Deviates

1. Homosexuals should be segregated immediately to prevent them from influencing other inmates or being
maltreated or abused by other inmates, and,
2. Other sex deviates should be separated from other inmates for close supervision and control.

F. Suicidal Inmates

1. The suicidal inmate should be given close and constant supervision;


2. Search their quarters and premises for tools / materials that can be used for suicide; and,
3. They should be subjected to frequent strip searches.

G. The Handicapped, Age and Infirmed

1. These inmates should be housed separately and closely supervised to protect them from maltreatment or
abuse by other inmates; and,
2. Special treatment should be given to these inmates who shall be required to work in accordance with
their physical capabilities for their own upkeep and to maintain the sanitation of their quarters and
surroundings.

I. Non-Philippine Citizen Inmates

1. The Warden shall report in writing to the Bureau of Immigration and the respective embassies of
the detained foreigners the following:
A. Name of Jail
B. Name of Foreigner
C. Nationality & number of her Alien Cert. or Registration if any.
D. Age / Sex
E. Offense charged
F. Case Number
G. Court / Branch
H. Status Case
God Bless…

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