INSTITUTIONAL CORRECTIONS Management – utilization of resources

(5Ms)
THREE DIVISIONS OF CRIMINOLOGY
CORRECTION
1. Sociology of Law – it deals with
understanding the nature of (Positivist doctrine influence)
criminal law and its procedure of
A branch of the Criminal Justice System
administration.
concerned with the custody, supervision,
2. Criminal Etiology – it is concerned and rehabilitation of criminal offenders.
with determining causes and
It is that field of criminal justice
factors of crime occurrence; and
administration which utilizes the body of
3. Penology / Penal Science – it deals knowledge and practices of the
with management and government and the society in general
administration of inmates. involving the processes of handling
individuals who have been convicted
PENOLOGY
of offenses for purposes of crime
(Classical Doctrine Influence) prevention and control.

It is the study of punishment for crime or It is the study of jail/prison

of criminal offenders. It includes management and administration as well
as the rehabilitation and reformation of
the study of control and prevention of
criminals.
crime through punishment of criminal
It is a generic term that includes all
offenders.
government agencies, facilities,
The term is derived from the Latin word programs, procedures, personnel, and
―POENA‖ which means pain techniques concerned with the
or suffering and ―POENALIS‖ investigation, intake, custody,
which confinement, supervision, or treatment of
alleged offenders.
means punishment.
CORRECTIONAL ADMINISTRATION:
Penology has stood in the past and, for
the most part, still stands for the policy of It is the study and practice of a systematic
inflicting punishment on the offender as a management of jails or prisons and other
consequence of his wrongdoing. institutions concerned with the custody,
treatment, and rehabilitation of criminal
Penal Management:
offenders.
- It refers to the
TWO KINDS OF CORRECTION
manner or practice
APPROACHES IN THE PHILIPPINES
of managing or
controlling places of 1. Institutional Correction
confinement in jails or prisons.
Rehabilitation of offenders in Jail or prisons as means of relieving congestion
Prison. of prisoners. They were also called
―floating hells‖.
2. Community-Based Correction
16th Century
Correctional activities that takes place in
the community t hat directly addressed Transportation of criminals in England was
to the offender and aimed at helpin g him authorized. At the end of the 16th
to become a law abiding citizen. century Russia and other European
countries followed this system. It
HISTORICAL PERSPECTIVE ON
partially relieved overcrowding of
CORRECTIONS
prisons.
13TH CENTURY – SECURING SANCTUARY
17th Century to late 18th Century
In the 13th Century, a criminal could
Death penalty became prevalent as a form
avoid punishment by claiming refugee in a
of punishment.
church for a period of 40 days at the end
of which time, he has compelled to leave REASONS WHY DEATH PENALTY BECAME
the realm by a road or path assigned to USUAL PUNISHMENT DURING THIS
him. PERIOD AND THEREAFTER

BENEFIT OF THE CLERGY 1. Death outlaws became a

“protection for the English
In the 13th Century, a compromise
people”. It
between the church and the king, wherein
any member of the clergy brought to trial is because the people during this period
in the king’s court shall be claimed from did not totally believe yet in the ability to
the jurisdiction by the bishop or a strong police force to combat criminals.
chaplain representing him and placed
2. People lack confidence in the
under the authority of the ecclesiastical
transportation if criminals. Gaols
court.
and
GAOLS - (Jails) – pre-trial detention
Galleys became center of
facilities operated by English Sheriff.
corruption and ineffective
GALLEYS – long, low, narrow, single instrument of punishment
decked ships propelled by sails usually
3. Doctrine of Crude intimidation
rowed by criminals. A type of ship
appeared or seemed to be a logical
used for transportation of criminals in the
16th century. form of threat in order to deter or prevent
the people from violating the law.
HULKS – decrepit transport, former
warships used to house prisoners in the 4. The assumption was that,
18th and 19th century. These were the Ruling Class is
abandoned warships converted into tasked to protect
property rights and maintain correctional
public peace and order. The treatment for major
system of offenders.

maintaining public order had little - He is also

consideration or it did not recognize responsible for
the abolition
the social and economic
of death
condition of the lower
penalty and
working class. The
torture as a form of
lawmakers and enforcers used death punishment.
penalty to cover property loss or
2. Charles Montesiquieu (Charles Louis
damage with out further Secondat, Baron de la Brede et de
contemplating the value of Montesiquieu)
life and other people.
- (1689- 1755) A French historian and
THE AGE OF ENLIGHTENMENT / AGE OF philosopher who analyzed law as an
REASON expression of justice. He believes that
harsh punishment would undermine
18th Century is a century of change. It is
morality and that appealing to moral
the period of recognizing human dignity.
sentiments as a better means of
It is the movement of reformation, the
preventing crime.
period of introduction of certain reforms
in the correctional field by a certain 3. VOLTAIRE (Francois Marie Arouet)
person, gradually changing the old
- (1694- 1778) He was the most versatile
positive philosophy of punishment to a
of all philosophers during this period. He
more humane treatment of prisoners
believes that fear of shame was a
with innovational programs.
deterrent to crime. He fought the legality-
NOTE: sanctioned practice of torture.

1870 – 1880 (GOLDEN AGE OF PENOLOGY) 4. Cesare Bonesa, Marchese de

Beccaria (1738-1794)
THE PIONEERS CORRECTIONAL SYSTEM:
- He wrote an essay
1. William Penn (1614-1718)
entitled ―An Essay on
- He fought for religious Crimes and Punishment‖,
freedom and individual the most exiting essay on
rights. law during this century. It
presented the humanistic
- He is the first
goal of law.
leader to
prescribe - “let the punishment fit the
imprisonment as crime”
 5. Jeremy Bentham (1748-1832) world; great prison
the greatest leader in the reform reformer
of English Criminal law. He
- A philanthropist and the
believes that whatever
first English prison
punishment designed to negate
reformer.
whatever pleasure or gain the
criminal derives from crime, the 7. Elam Lynds - A warden of the Auburn
crime rate would go down. and later of Sing Sing (which he built)
was one of the most influential
- He proposed the
persons in the development of early
philosophy of
prison discipline in America. He is
utilitarianism.
described as having been a strict
- He advocated the disciplinarian who believes that all
imaginary convicts were cowards who could not be
mathematical reformed until their spirit was broken. To
formula of this end, he devised a system of brutal
felicific calculus punishments and degrading procedures,
many of which remained as accepted
- Bentham was the one who
practice until very recent times.
devised the ultimate
8. Jean Jacques Villain - He is known
PANOPTICON PRISON – a prison that
as the Father of Penitentiary Science. -
consists of a large circular building
pioneered classification to separate
containing multi cells around the
women and children from hardened
periphery. It was never built.
9. James V. Bennett - Director of Federal
Panopticon – to see everything or to
Bureau of Prisons; he wrote about
observe.
closing of Alcatraz Prison; Built the
6. John Howard (1726 – 1790) – the Federal Correctional Institution in
sheriff of Bedsfordshire in 1773 Seagoville Texas.
who devoted his life and fortune to
10. Elizabeth Fry - An English reformer
prison reform. After his findings on
sometimes referred to as the "angel of
English Prisons, he
prisons" because of her driving force
recommended the following:
behind new legislation to treat prisoners
single cells for sleeping -
humanely.
segregation of women -
segregation of youth - provision The Reformatory Movement:
of sanitation facilities - abolition
1. Alexander Maconochie – He was the
of fee system by which jailers
Superintendent of the penal colony at
obtained money from prisoners.
Norfolk Island in Australia (1840) who
- He is known as the Father introduced the “Mark System”. A system
of Prison Reform in the in which a prisoner is required to earn a
number of marks based on proper is considered as the best
department, labor and study in order to reform institution for
entitle him for a ticket for leave or young offenders today.
conditional release which is similar to
Borstal Reformatory – the first juvenile
parole.
reformatory in England. The Borstal
- He is known as the Father of Parole in
Institution of England is today considered
Australlia.
as the best reform institutions
2. Manuel Montesimos – The Director of
for young offenders.
Prisons in Valencia Spain (1835) who
divided the number of prisoners into New York House of Refuge - the first
companies and appointed certain juvenile reformatory in USA.
prisoners as petty officers in charge which
5. Walter Crofton – He
allowed good behavior to prepare the
was the Director
convict for gradual release.
of the Irish
3. Domets of France / Prison in 1854 who
Frederick August Demets
introduced the Irish system that was
– established an
modified from the Mocanochie’s mark
agricultural colony for delinquent boys in system.
1839 providing housefathers as
- Progressive mark system
in charge of these boys. The
- Irish System
boys were housedin
cottages with house - He is known as the Father
of Parole in Ireland
fathers as in charge.The
system was based on re- THE PRIMARY SCHOOLS OF PENOLOGY
education rather than
THE CLASSICAL SCHOOL
force. When discharged the boys
It maintains the “doctrine of psychological
were placed under the
hedonism” or “free will”. That the
supervision of a patron.
individual calculates pleasures and pains
4. Sir Evelyn Ruggles Brise in advance of action and regulates his
– The Director conduct by the result of his calculations.
of the English
Basis of criminal liability – absolute
Prison who
human free will
opened the Borstal Institution for young
Purpose of punishment - retribution
offenders. The Borstal Institution
THE NEO-CLASSICAL SCHOOL

It maintained that while the classical

doctrine is correct in general, it should be
modified in certain details. Since children Code of King Hammurabi
and lunatics cannot calculate the (Hammurabic Code)
differences of pleasures from pain, they
Babylon, about 1900 BC, credited
should not be regarded as criminals,
as the oldest code prescribing
hence, they should be free from
savage punishment, but in fact,
punishment.
Summerian codes were nearly one
THE POSITIVIST/ITALIAN SCHOOL hundred years older.

The school that denied individual Both law codes are written in
responsibility and reflected non-punitive conditional statements, but the
reactions to crime and criminality. It major difference between the
adheres that crimes, as any other act, Code of Ur-Nammu and the Code
is a natural phenomenon. Criminals are of Hammurabi is that the former
considered as sick individuals who need institutes fines for bodily
to be treated by treatment programs damage, while the latter
rather than punitive actions against them. implements lex talionis.

- treats criminals as sick individuals 2. ROMAN AND GREEK CODES

Justinian Code– 6th C A.D.,
- purpose of punishment is
Emperor Justinian of Rome wrote
treatment is rehabilitation
his code of law. An effort to match
EARLY CODES a desirable amount of punishment
to all possible crimes. However,
MAIN LEGAL SYSTEMS IN THE WORLD
the law did not survive due to the
(chronological order):
fall of the Roman Empire but left a
1. ROMAN (most lasting and most foundation of Western legal codes.
pervading influence) Greek Code of Draco - In Greece,
the Code of Draco, a harsh code
2. MOHAMEDDAN OR ARABIC
that provides the same
3. ANGLO-AMERICAN punishment for both citizens and
1. BABYLONIAN OR SUMMERIAN the slaves as it incorporates
CODES primitive concepts (Vengeance,
Blood Feuds). The Greeks were the
4. Code of Ur-Nammu first society to allow any citizen to
5. The Code of Ur-Nammu is the prosecute the offender in the
oldest known law code surviving name of the injured party
today. It is from Mesopotamia and The Hittites
is written on tablets, in the existed about two centuries after
Sumerian language c. 2100–2050 the reign of Hammurabi and they
BCE eventually conquered Babylon. The
laws of the Hittites may also be
characterized as brutal, just like
the Code of Hammurabi, because for human life, based on his status
they used death as punishment in life.
for many offenses. The Burgundian Code (500 A.D.)
Deuteronomy or the Mosaic Code Specified punishment according to
Deuteronomy is the fifth book in the social class of offender,
the Bible and it contains the basis dividing them into nobles, middle
of Jewish laws. It is believed that it class and lower class specifying the
was made by Moses. These laws value of the life of each person
were in the form of a covenant according to social status.
between God and the people of The Laws Of Islam
Israel, given to Moses on the The laws of Islam can be found in
mountains. They begin with the the Koran, the holy book of the
Ten Commandments and go on to Muslim religion. These laws are
statutes and ordinances that God also believed to be of divine origin.
commanded Moses to teach the It is believed that they were given
people. by Allah to the prophet
The Code Of Solon Mohammed.
Solon, also an Athenian, was EARLY CODES (PHILIPPINE
appointed archon and was given SETTING)
legislative powers. During his Code of Kalantiao (Kalantiaw)
time, he repealed almost all the Promulgated in 1433 – Time of
laws of the Code of Draco and Datu Kalantiao
created laws that provided just Maragtas Code
punishments. The term “solon” is Promulgated during the time of
used to refer to any member of Datu Sumakwel
the Senate or House of PUNISHMENT AND PENALTY
Representatives. PENALTY
The Lex Salica (Frankish King, Is the suffering that
Clovis) is inflicted by
The lex salica refers to the legal the state for the
customs of the ancient Germanic transgression of law
tribes which invaded and defeated PUNISHMENT
the Roman Empire in the Middle It is the redress
Ages. When the Germanic tribes that the state takes
codified the lex salica, they set out against an offender
a schedule of monetary where it signifies suffering or
compensation for wrongdoings, curtailment of its freedom.
called botes.
Wergild or wergild refers to the
value of monetary compensation
PUNISHMENT
PURPOSES/JUSTIFICATIONS OF the offender. Society’s interest can
PUNISHMENT be better served by helping the
prisoner to become law abiding
1. Retribution (PERSONAL
citizen and productive upon his
VENGEANCE/ REVENGE)– the
return to the community by
punishment should be provided by
requiring him to undergo intensive
the state whose sanction is
program of rehabilitation in prison
violated to afford the society or
the individual the opportunity of ANCIENT FORMS OF PUNISHMENT
imposing upon the offender
1. Death Penalty /
suitable punishment as might be
Capital Punishment –
enforced. Offenders should be
Affected by
punished because they deserve
burning, beheading,
it.
hanging, breaking at the wheels,
2. Expiation or Atonement – it is pillory and other forms of medieval
punishment in the form of group executions.
vengeance where the purpose is to
DEATH CONVICT- This refers to an inmate
appease the offended public or
were death penalty/sentence imposed by
group.
the Regional Trial Court is affirmed by the
3. Deterrence – punishment gives Supreme Court.
lesson to the offender by showing
2. Physical Torture / Corporal
to others what would happen to
Punishment– It is affected by
them if they violate the law.
maiming, mutilation, whipping and
Punishment is imposed to warn
other inhumane or barbaric forms
potential offenders that they
of inflicting pain.
cannot afford to do what the
offender has done. CORPORAL PUNISHMENT – It
is the infliction of
4. Incapacitation and Protection –
physical pain as a
the public will be protected if the
form of punishment.
offender has been held in
conditions where he cannot 3. Social Degradation – The act of
harm others especially the putting the offender into shame or
public. Punishment is effected by humiliation.
placing offenders in prison so
4. Banishment or Exile / ostracism /
that society will be ensured
outlawry – The sending or putting
from further criminal
away of
depredations of criminals.
an offender which was
5. Reformation or Rehabilitation – it
carried out either by
is the establishment of the
prohibition against cominginto
usefulness and responsibility of
 a specified territory such as an It was an A-frame shaped metal rack to
island to where the offender has been which the head was strapped to the top
removed. point of the A, the hands at the midpoint
and the legs at the lower spread ends;
- Presently known as Destierro
swinging the head down and forcing the
FORMS OF PUNISHMENT knees up in a sitting position compressing
the body so as to force the blood from the
Branding
nose and ears.
Human branding or stigmatizing is the
Scold's Bridle
process in which a mark, usually a symbol
or ornamental pattern, is burned into the Sometimes called a Brank's Bridle or
skin of a living person, with the intention simply Branks – an instrument of
that the resulting scar makes it punishment used primarily on women,
permanent. It is done by pressing a as a form of torture and public
burning, hot iron to the person’s skin or humiliation.
body which would result in a wound
The device was an iron muzzle in an
caused by the burning.
iron framework that enclosed the head.
Jougs, Juggs, or Joggs A bridle-bit (or curb-plate), about 2 inches
long and 1 inch broad, projected into the
An iron collar fastened by a short chain to
mouth and pressed down on top of the
a wall, often of the parish church, or to a
tongue. The curb-plate was frequently
tree or cross. The collar was placed round
studded with spikes, so that if the
the offender's neck and fastened by a
offender moved her tongue, it inflicted
padlock. Time spent in the jougs was
pain and made speaking impossible.
intended to shame an offender publicly.
Foot Whipping or Bastinado
The Rack
The undergoing person is required to be
Device that drags apart the joints in the
barefoot. The beating is typically inflicted
feet and hands.
with an object in the type of a cane or a
Iron Maiden crop and repeated over a varying number
of times. It is usually targeted at the vaults
Box-like structure with the front half
or arches of the foot but sometimes the
hinged like and door so that a person
heels and balls of the feet can be targeted
could be placed inside. When the door
also.
was shut, protruding spikes both back
and front entered the body of the Iron Boot
prisoner
Designed to cause crushing injuries to the
Scavenger's Daughter (or Skevington's foot and/or leg
Daughter)
Milk & Honey
The person was encased in a box from by a single member and identification of
which his head, hands & feet protrude, the member who fired the lethal shot. The
forcibly feed with milk and honey which prisoner is typically blindfolded or
was also smeared in his face and then hooded, as well as restrained.
exposed to the sun seventeen (17) days,
METHODS OF DEATH PENALTY EXECUTED
he lingered on this horrible condition until
IN THE PHILIPPINES
he had been devoured alive by insect and
vermin. GARROTE – This became popular when
3 friars/priests commonly addressed as
Treadmill
GOMBURZA were executed in 1872 by the
Prisoner is continually made to constantly Spanish colonial rules for exposing the
climb stairs up to 14,000 venalities of the church. An iron collar
attached upon a scaffold formerly used in
feet.
Spain and Portugal. This method of
Drawing and Quartering execution was abolished in the
Philippines by virtue of Act 451.
This is one the most brutal methods of
execution. An offender sentenced to this LETHAL INFECTION – While the 1987
death was first hanged until near death, Constitution abolished death sentence,
taken down, their limbs tied to horses, Congress however, in 1996 passed RA
and then pulled apart as the horses ran in 7659 as amended by RA 8177 that
different directions. imposes death penalty for heinous crime
by lethal injection.
Disembowelment, or the ripping out of
internal organs, and the removal of STONING/LAPIDATION – It is a form of
genitals often occurred while the accused execution wherein the condemned person
was still alive is pelted with stones

Breaking wheel BEHEADING - The condemned man’s neck

is placed on the wooden curved wood
Also known as the Catherine wheel or
specially designed for the purpose. Most
simply the wheel
often, the doomed-man is black hooded
Was a torture device used for capital with both hands tied at the back before
punishment from antiquity into early his head is positioned at the chopping
modern times for public execution by block. At a given signal, the head is axed
breaking the criminal's bones/bludgeoning and the severed head fall on the truck
him to death. provided therefore.
Death by Musketry or Firing Squad CRUCIFICTION – A person convicted to
death was nailed on the cross with both
Firing Squad refers to a group of soldiers.
hands and feet to add ignominy to his
Usually, all members of the group are
agony and humiliation he was crowned
instructed to fire simultaneously, thus
with the specter of vines of spines on his
preventing both disruption of the process
head. Then the Roman pears were thrust given signal, six men will whip 30 lashes
to his flesh body and died of asphyxiation. each alternately and will continue except
upon the intercession of the victim or the
BURNING AT STAKE – It is a form of
State which intervention of the
execution wherein the convict is tied in a
aggrieved to stop is tantamount to
pole and then sets on fire alive.
pardon and the co-man shall be released
FEEDING TO THE LIONS – The offender is to freedom.
thrown in a lion’s den.
GUILLOTIN – A device for cutting off
PILLORY – Bouvier’s Dictionary defines people’s head developed in 1792 by Dr.
pillory as a wooden machine, in which Joseph Ignacio Guillotin a member of
the neck of the doomed culprit is inserted the French National Assembly, he
thereof and usually executed in public as a proposed that all executions must be
means of punishing the offenders in uniform and painless.
Europe and Colonial America.
ELECTRIC CHAIR – The convict is seated
– Pillory is a wooden frame with three in a chair made of electrical conducting
curved holes in it (two for the left and materials with strap of electrodes on
right wrists and the middle-curved hole is wrist, ankles and head. Upon orders, the
for the neck) and mounted on the post lever will be pulled-up and the fatal volts
upon a platform, the condemned man was of alternating current pass the body until
left to die at the mercy of unfriendly the convict dies. If ever the convict is still
weather. Other similar forms with holes alive, the lever shall be pulled-again until
for the offender’s feet are called as he is pronounced dead
STOCK
HANGING - Mostly, the execution is
DECAPITATION – derived from a LATIN conducted at dawn. The executioner will
word ―DE‖ meaning FROM and place a cloth over his head. Steel
―CAPUT” meaning HEAD. Instead of weights are strapped to the legs of the
using axe, the method employed is by the death convict to ensure that he/she will
use of a sword and the practice is die quickly. Then the rope will be
widespread in China and Muslim States. placed around the neck of the convict,
and, finally, the platform will be
FLAGELLATION – An X-designed log was
removed.
cross-joined and decline at 65 degrees
backward. The hooded doomed-man was GAS CHAMBER- Invented after World War
tied on the cross-x with both hands spread I by a Medical Corp’s Officer of the US
upward while the feet were spread apart. Army as an alternative to electric chair.
The con-man is bared naked except with In medical term, the convict will die from
the skimpy short pants. Hypoxia which means death due to the
cutting-off of Oxygen in the brain. The
The whipping rod is made of stripped
convict is placed in a sealed chamber
hard leather with brass button in laid
across and embedded at the tips. At the
where the carbon monoxide is introduced method for carrying out the
until the convict is pronounced dead. capital punishment in the
Philippines.
IMPALEMENT (IMPALING) - a form of
capital punishment; it is the penetration  Developed in 1924
of an organism by an object such as a by an
stake, pole, spear or hook, by complete (or anesthesiologist in
partial) perforation of the body, often the Nevada. Components
central body mass. Killing by piercing the of chemicals used in Lethal
body with a spear or sharp pole. Injection are:

BRIEF HISTORY OF CAPITAL PUNISHMENT  SODIUM THIOPENTAL – a sleep

IN THE PHILIPPINES inducing barbiturate,

Electric Chair  PANCURONIUM BROMIDE

– a drug capable of paralyzing the
 as a method of execution
muscles; POTASSIUM CHLORIDE –
was introduced in 1926 during the
capable of stopping heartbeat
American occupation. It was used
within seconds and this is
until 1976, during the time of
commonly used in Heart-by-pass
former President Ferdinand
operations.
Marcos. Article 81 of the Revised
Penal Code is the provision Republic Act No. 9346
pertaining to the death penalty.
 the law prohibiting the
 1987 Philippine imposition of the death penalty. It
Constitution - abolished the death was approved on June 24, 2006.
penalty except for heinous crimes,
CONTEMPORARY FORMS OF
as stated under Section 19, Article
PUNISHMENT:
III.
1. Imprisonment / isolation
Republic act 7659
/ incarceration /
 An act to impose the death commitment /
penalty on certain heinous crimes,
incapacitation– putting the offender in
amending for that purpose the
prison for the purpose of protecting
revised penal laws, as amended,
other special penal laws, and for the public against criminal activities and at
other purposes the same time rehabilitating the prisoners
by requiring them to undergo institutional
Republic Act No. 8177
treatment programs.
 approved March 20, 1996
2. Parole - a conditional release of a
 It is the law that prisoner after serving part of
designated lethal injection as the his/her
sentence in prison for the purpose of punishment is greater than the
gradually re-introducing him/her to free benefits of crime so they will not
repeat their criminal offending
life under the guidance and supervision of
a parole officer. 3. Incapacitation - if dangerous
criminals are kept behind bars,
3. Probation – a
they will not be able to repeat
disposition whereby
their illegal activities.
a defendant after
conviction of an 4. Retribution/Just Desert -
offense, the penalty of which does punishment should be no more or
not less than the offenders actions
deserve, it must be based on
exceed six years imprisonment,is
how blameworthy the person is
released subjectto the
conditions 5. Equity/Restitution -
convicted criminals
imposed by the releasing
must pay back their
court and under the
supervision of a victims for their loss, the
probation justice system for the costs
of processing their case and
officer.
society for any disruption they may have
4. Fine – a pecuniary amount given as caused.
a compensation for a criminal act.
6. Rehabilitation - if the proper
5. Destierro – the penalty of treatment is applied, an offender
banishing a person from the place will present no further threat to
where he society

committed a crime, prohibiting 7. Diversion - criminals

him to get near or are diverted into
enter the 25-kilometer a community
perimeter. correctional

GOALS OF PUNISHMENT program for treatment to avoid stigma of

incarceration. The convicted
1. General Deterrence - the state
tries to convince potential offender might be asked to
criminals that the punishment they make payments to the
face is certain, swift, and severe so crime victim or participate in
that they will be afraid to commit community based program that features
an offense. counseling.

2. Specific Deterrence - convincing

offenders that the pains of
 8. Restorative Justice - repairs commensurate with the
injuries suffered by the victim and gravity of offenseas a
the matter of payment for the damage
done
community while insuring reintegration of
the offender. Turn the justice 2. CORRECTIVE OR REFORMATION –
as shown by the rules which
system into a healing process rather than
regulates the execution of the
a distributor of retribution and revenge.
penalties consisting in deprivation
PENALTY of liberty, thereby giving
chance for his reformation.
SOCIAL JUSTIFICATION OF PENALTY
3. SOCIAL DEFENSE – as shown by its
1. PREVENTION – the state shall
inflexible severity to recidivist and
punish the criminal to prevent or
habitual delinquents. Society must
suppress the danger to the state
provide the welfare of the people
arising from the criminal acts of
against any order in the
the offender.
community.
2. SELF-DEFENSE – the state has a
JURIDICAL CONDITIONS (LEGAL
right to punish the criminal as a
REQUISITES) OF PENALTY
measure of self-defense so as to
protect society from the threat Punishment must be:
and wrong inflicted by the criminal
1. Productive of suffering
3. REFORMATION – the object of – without
punishment in criminal cases is to however affecting
correct and reform the offender the integrity of
the human personality.
4. EXEMPLARITY – the criminal is
punished by the state as an act to 2. Commensurate with the offense –
deter others from committing different crimes must be punished
crimes. with different penalties (Art. 25,
RPC).
5. JUSTICE – that the crime must be
punished by the state as an act of 3. Personal – the guilty one must be
retributive, a vindication of the one to be punished, no proxy.
absolute right and moral violated
4. Legal – the consequence must be
by the criminal
in accordance with the law.
PURPOSE OF PENALTY
5. Equal – applicable for all persons.
1. RETRIBUTION OR EXPIATION
6. Certain – no one must escape its
– the penalty is
effects.
 7. Correctional – changes committed as to shock the moral sense of
the attitude of all reasonable men as to what is right and
offenders and proper under the circumstances.
become law- abiding
RIGHTS, LEGAL LIMITATIONS, AND
citizens.
CONDITIONS SET FORTH BY THE
DURATION OF PENALTIES CONSTITUTION,

1. Death Penalty – Capital ARTICLE III (BILL OF RIGHTS)

punishment
Section1. No person shall be
2. Life imprisonment – life time deprived of life,
imprisonment for Special Penal liberty, or property
Law
without due process of law, nor shall any
AFFLICTIVE PENALTIES person be denied the equal protection of
the laws.
3. Reclusion Perpetua – 20 yrs and 1
day up to 40 years Section 12. (1) Any person under
investigation for the commission of
4. Reclusion Temporal – 12 yrs and 1
day to 20 years imprisonment an offenseshall have the right
to be informed of
5. Prision Mayor – 6 yrs and 1 day to
his right to remain
12 years
silent and to have competent and
CORRECTIONAL PENALTIES
independent counsel preferably of
6. Prision Correctional – 6 months
his own choice. If the person cannot afford
and 1 day to 6 years
the services of counsel, he
7. Arresto Mayor – 1 month and 1
must be provided with one. These rights
day to 6 months
cannot be waived except in writing and in
LIGHT PENALTIES the presence of counsel.

8. Arresto Menor – 1 day to 30 days Section 12. (1) Any person under
investigation for the commission of an
9. Bond to Keep the Peace –
offense shall have the right to be informed
discretionary on the part of the
of his right to remain silent and to have
court.
competent and independent counsel
CONSTITUTIONAL RESTRICTIONS ON preferably of his own choice. If the person
PENALTIES cannot afford the services of counsel, he
must be provided with one. These rights
The Phil. Constitution directs that
cannot be waived except in writing and in
excessive fines shall not be imposed, nor
the presence of counsel.
cruel and unusual penalties when it is so
disproportionate to the offense
 No torture, force, violence, threat, penalty be imposed, unless, for
intimidation, or any other means compelling reasons involving
which vitiate the free will shall be heinous
used against him. Secret detention
crimes,the Congress
places, solitary, incommunicado, or
hereafter provides
other similar forms of detention
for it. Any
are prohibited.
death penalty already
Any confession or admission imposed shall be reduced to
obtained in violation of this or reclusion perpetua.
Section 17 hereof shall be
(2) The employment of
inadmissible in evidence against
physical,
him.
psychological, or
The law shall provide for penal and degrading punishment
civil sanctions for violations of this against any prisoner
section as well as compensation to or detainee or
and rehabilitation of victims of the use of
torture or similar practices, and substandard or inadequate penal
their families. facilities under subhuman
conditions shall be dealth with by
Section18. (1) No
law.
person shall be
detained solely by UN STANDARD MINIMUM RULES
reason of his political ON THE TREATMENT OF PRISONS
beliefs and aspirations.
'The Nelson Mandela Rules'
(2) (2) No involuntary
The "Nelson Mandela
servitude in any
Rules" are a
form shall exist
revision of the
except as a
1955 United Nations
(3) punishment for a crime Standard Minimum Rules on the
whereof the party Treatment of Prisoners (SMR).
shall have been duly
The revision focused on nine
convicted.
thematic areas including:
(4) Section19. (1) Excessive
• Prison health care;
fines shall not be
imposed, nor cruel, • Restrictions, discipline and
sanctions;
degrading or inhuman
punishment inflicted. • Restraints;
Neither shall the
• Cell searches;
death
• Contact with the outside world; responsibility, and that the
relationship between health- care
• Prisoner complaints, and;
professionals and prisoners is
• Investigations and inspections. governed by the same ethical
and professional standards as
• The Rules are based on an
those applicable to patients in the
obligation to treat all prisoners
community.
with respect for their inherent
dignity and value as human beings, • Implementing the Nelson
and to prohibit torture and other Mandela Rules also
forms of ill-treatment. involves providing
legal assistance and advice
• The Rules are based on an
to States and prisoners alike.
obligation to treat all prisoners
with respect for their inherent • Source:
dignity and value as human beings, https://www.un.org/en/un-
and to prohibit torture and other chronicle/nelson-mandela-rules-
forms of ill-treatment. They offer protecting-rights-persons-
detailed guidance on a wide deprived-liberty
variety of issues ranging from
• For full text:
disciplinary measures to medical
services. For example, they
https://www.unodc.org/document
prohibit the reduction of a
s/justice-and-prison-
prisoner’s food or water, as well as
reform/Nelson_Mandela_Rules-E-
the use of instruments of restraint
ebook.pdf
that are inherently degrading or
painful, such as chains or irons. PRISON AND JAILS

• The Rules restrict the use of PRISON DEFINED

solitary confinement as a measure
A penitentiary, an
of last resort, to be used only in
institution for the
exceptional circumstances.
imprisonment
Mandela found solitary
(incarceration) of persons
confinement to be ―the most
convicted of major/serious crimes.
forbidding aspect of prison life.
There was no end and no WHO IS A PRISONER?
beginning; there’s only one’s own
a prisoner is a
mind, which can begin to play
person who is
tricks‖.
under the custody
• The Nelson Mandela Rules of lawful authority.
emphasize that the provision of
EARLY PRISON
health care for prisoners is a State
1. Fortresses, Castles and Town which separates adult from
Gates juveniles and women from men;
an innovation
2. Mamertine Prison/ Carcere
Mamertino - the only early Roman to prison system during the
place of confinement which was 1600s. It was
built under the main sewer old established by Jean
Rome (64 B.C.) Jaques Villian (Father of
Penitentiary Science).
3. Bridewell Workhouse (London
1557) - built for the employment 8. Auburn Prison and Correctional
and housing of English Prisoner. Facility (New York) - Built in the
The most popular workhouse; land
named after St. Bridget Well.
that was once a
4. Walnut Street Jail (Philadelphia) - CAYUGA Indian
Originally constructed as a Village.Maximum
detention cell, converted into an Security Facility,―A
estate prison and became the first Congregate System‖
American Penitentiary.
9. Singsing Correctional
5. Elmira Reformatory and Facility/SingSing Prison (New
Correctional Facility (New York York) - The third
USA) - Known as “the Hill‖; it is
prison built by New York
a maximum security prison.
State. It is a
During the Golden Age, it used
maximum-security
parole extensively. Considered
prison inflicted
forerunner of modern penology
because it had all the elements aside from floggings, denial of
of modern Penology. reading materials and solitary
confinement.
6. Ergastulum – it is an ancient prison
wherein prisoners are attached to The shower bath was
a gadget so
workbenches and are
constructed as to
forced to do hard
drop a volume
labor in the
of
period of their
imprisonment. water on the head of
a locked naked
7. Maison de Force
offender. The force
(1627) – a
of icy cold
house of correction
in Ghent, Belgium
 water hitting the head of the THE TWO RIVAL PRISON SYSTEM IN
offender caused so much pain and THE HISTORY OF CORRECTION
extreme
A. The Auburn Prison System –
shock that prisoners immediately the prison system called the
sank into coma due to the shock
“Congregate System” / GROUP
and
SYSTEM
hypothermia or sudden drop in
- The prisoners are confined in
body temperature. It became
their own cells during the night
famous to the whole world
and congregate work in shops
because of singsing bath.
during the day. Complete silence
10. Alcatraz (The Rock) - 1850 – this was enforced.
prison is located on an island in
HARD WOOD SHOP – A place
San Francisco Bay. It was built for
where prisoners do their labor.
the military in the 1850's and used
by them as a fort and a prison B. The Pennsylvania Prison
until 1933 when it was passed System – the prison system
to the Department of Justice called “Solitary System” / SILENT
thru the recommendation of Dir. SYSTEM / SEPARATE SYSTEM.
John Edgar Hoover and became a Prisoners are confined in single
civil prison until it was closed in cells day and night where they
1963 thru the writings of James lived, they slept, and they ate
Bennet. and receive religious instructions.
Complete silence was also
History where number 1 public
enforced. They are required to
enemies are imprisoned like Al
read the Bible.
Capone
EARLY FORMS OF PRISON
Famous Escapees of Alcatraz
DISCIPLINE
(1962):
1. Hard Labor - productive works
1. Frank Morris
2. Deprivation – deprivation
2. Clarence and John Anglin
of everything
JAMES A JOHNSTON “OLD except the bare
SALTWATER” – the 1st warden of essentials of existence
Alcatraz Prison
3. Monotony – giving the
OLIN GUY BLACKWELL - He was same food that is
the last warden of the Alcatraz ―off‖ diet or
prison. requiring the
prisoners to perform drab or
boring daily routine.
4. Uniformity – ―we treat the prompt correction
prisoners alike‖; ―the fault of one of minor
is the fault of all‖.
violations committed by prisoners
5. Mass Movement – mass before they become serious
living in cell blocks, mass violations
eating, mass recreation, mass
CONTROL – It involves
bathing.
supervision of
6. Degradation – uttering insulting prisoners to ensure
words or languages on the part of punctual and orderly
prison movement from one place work
program or assignment to another
staff to the prisoners to degrade or
CUSTODY – is the
break the confidence of prisoners.
guarding or penal
7. Corporal Punishment safekeeping, it
– imposing brutal involves security
punishment or measures to insure security and
employing physical force to control with in the prison.
intimidate a delinquent
JAIL DEFINED
inmate.
It is a place for locking-up persons
PRISON SECURITY, CUSTODY AND who are convicted of minor
CONTROL offenses or felonies who are to
serve a short sentences imposed
SECURITY – It involves safety
upon them by a competent court,
measures to maintain the
or for confinement of persons who
orderliness and discipline with in
are awaiting trial or investigation
jail or prison.
of their cases.
PRISON DISCIPLINE –
ORIGIN OF THE WORD JAIL
It is the state
of good order and It is said to have
behavior. It been derived from
the Spanish word
includes maintenance of
JAULA /
good standards of
work, sanitation, CAULA which means a CAGE.
safety, education, health
It is also said to have been derived
and recreation
from the French word GAOL
PREVENTIVE DISCIPLINE –
pronounced as “geole”, a place for
It is the
the arrested criminals.
 TYPES OF JAILS a. OLD BILIBID PRISON (CARCEL Y
PRESIDIO CORRECTIONAL) – the
1. Lock-up Jail
main insular penitentiary during
Is a security facility, common to
the Spanish regime. This was
police stations, used for temporary
constructed in 1847 and was
confinement of individual held for
formally inaugurated in 1865 by
investigation.
virtue of the Royal Decree of the
2. Ordinary Jails Spanish Crown. This was located at
Azcaraga St. (now Recto Ave.) then
The type of jail commonly used
famous ―May Haligue Estate‖ at
to detain a convicted criminal
nearby Central Market at
offender who serves less than
Oroquieta St. This was constructed
three years.
in radical spokes-of-a-wheel form
3. Workhouse, Jail Farms or Camp with a tower in the center spoke
for easy command and control.
Facility that houses minimum
custody offenders who are 1. CARCEL – 600 INMATES’ CAPACITY
serving short sentences or those
2. PRESIDIO – 527 INMATES’
who are undergoing constructive
CAPACITY
work programs. It provides full
employment of prisoners, In 1936, the City of Manila
remedial services and constructive exchanged its Muntinlupa property
leisure time activities. with that of the Bureau of Prison
lot, the Muntinlupa property was
JAIL VS PRISON
intended as a site for Boys Training
School, but because it was too far,
the City preferred the site of the
Old Bilibid Prison, the present site
of Manila City Jail (BJMP).

b. NEW BILIBID PRISON,

Muntinlupa City (Approximately
552 hectares) – this is where
the Bureau of Corrections
Central Office is situated. The New
Bilibid Prison has a capacity of
3,000 Prisoners. Within the
THE SEVEN OPERATING complex are the three (3) security
CORRECTIONAL FACILITIES IN THE camps administered by a Penal
PHILIPPINES Superintendent and assisted by an
Assistant Superintendent in each
1. BILIBID PRISONS
camp.
The New Bilibid Prison specializes (computed from the minimum
in the industrial type of vocational sentences per classification
training. It operates a furniture interpretation) and those classified
shop, shoe repair shop, for colony assignment.
blacksmith and tinsmith shop,
- This type of institution is usually
auto mechanics and automobile
enclosed by two layers of wire
body building shop, tailoring,
fence. The inner fence is 12 to 14
electronics, watch- repair,
feet high with curb and the outer
carpentry and rattan furniture
fence is 8 to 12 feet high. The two
shop. It is also engaged in track
fences are from 18 to 20 feet
gardening, poultry, piggery and
apart. Usually, the top portion of
animal husbandry.
the fence is provided with barbed
THE THREE (3) SECURITY CAMPS wire.

a. MAXIMUM SECURITY c. MINIMUM SECURITY

COMPOUND (Main Building) is for COMPOUND (also referred to as
prisoners whose sentences are 20 Camp Bukang Liwayway) is an
years and above, life termers or open camp with less restrictions
those under capital punishment, and regimentation. This is for
those with pending cases, those prisoners who are 65 years old and
under disciplinary punishment, above, medically certified as
those whose cases are on appeal, invalids and for those prisoners
those under detention, and those who have six months or less to
that do not fall under medium and serve before they are released
minimum security status. from prison.

= wears tangerine shirt The lethal injection chamber is also

located here. This type of
= not allowed to do furlough
institution is usually without a
This type of institution is fence and if there is one, its
characterized by thick all purpose is to keep away the
enclosures, 18 to 25 feet high. On civilian population from entering
top of the wall are catwalks along the institution rather than
which the guards patrol at night. At preventing escapes.
corners and strategic places are
2. SAN RAMON PRISON AND
tower posts manned by heavily
PENAL FARM, Zamboanga del Sur
armed guards.
– founded by Capt. Ramon Blanco,
b. MEDIUM SECURITY
a member of the Spanish Royal
COMPOUND (also known as Camp
Army and named the prison facility
Sampaguita) is for prisoners whose
after the patron saint. This was
sentences are below 20 years
initially intended for the
confinement of political prisoners Order No. 67 issued by Governor
during Spanish era. On August 21, Newton Gilbert on October 15,
1869, the San Ramon Prison and 1912.
Penal Farm in Zamboanga City was
ENVISIONED BY: Gov. Luke E.
established to confine Muslim
Wright ORDERED BY: Gov. William
rebels and recalcitrant political
Cameron Forbes
prisoners opposed to the Spanish
rule. The facility which faced the - Envisioned as an institution for
Jolo sea had Spanish-inspired incorrigible criminals. The first
dormitories and was originally set contingent of prisoners who were
on a 1,414-hectare sprawling confined here revolted against the
estate. authorities.

Land area: Currently The farm is predominantly

approximately 1,546 hectares designed for agro-industrial
activities. Within its area are four
Principal product: Copra, rice,
(4) sub-colonies:
coffee, etc.
1. Central sub-colony
Year established: 1869 – 1870
2. Sta. Lucia sub-colony
- 2nd oldest prison after Old
Bilibid Prison 3. Montible sub-colony

San Ramon has an average 4. Inagawan sub-colony

population of 1,200 prisoners
- All these colonies are
3. IWAHIG PRISON administered by a Penal
AND PENAL FARM Supervisor
(Luhit),Puerto Princesa,
- It administers the
Palawan
Tagumpay Settlement
The Americans established in 1904 which is approximately 1,
the LUHIT PENAL SETTLEMENT 000 hectares with six
(now Iwahig Prison and Penal
hectares homestead lots
Farm) on a vast reservation of
distributed to inmates who desired
28,072 hectares. It would reach a
to live in the settlement after
total land area of 40,000 hectares
service of sentence.
in the late 1950s. Located on the
westernmost part of the - One of the best open
archipelago far from the main institutions in the world.
town to confine incorrigibles
Date established: Nov. 16, 1904
with little hope of rehabilitation.
The area was expanded to 41,007 By virtue of: Reorganization Act of
hectares by virtue of Executive 1407
 Land area: Approximately 36, 000 - It is a prison facility which
hectares – 41,007 (1912) has a receiving and process
station.
Principal product: rice, corn, copra
and other forest product - It has three security
facilities – maximum,
- Largest penal colony
medium, minimum.
- Prison without walls
- Because of its terrain,
- The most open prison prison agro-industrial
facility activities could not be fully
developed.
- The best and the finest
prison - Youngest prison

4. CORRECTIONAL - Built during martial law -

INSTITUTION FOR Ferdinand Marcos.

Mandaluyong City - Fastest growing prison

- The only female institution - Maximum capacity – 500

in the Philippines prisoners

- Since 1934, a 6. SABLAYAN PRISON

female AND PENAL FARM,
Superintendent Sablayan, Mindoro
was assigned Occidental
to supervise the
- With four sub-colonies within the
prison facility.
prison compound:
- LOCATED AT WELFARE
1. Central sub-colony
VILLE MANDALUYONG CITY
2. Pusog sub-clony
Year established: 1931
3. Pasugui sub-colony
By virtue of: Act 3579 which was
passed on Nov. 27, 1929 4. Yapang sub-colony
Vocational activities: Dress
- This penal farm is intended for
making, beauty culture,
agro-industrial activities
handicrafts Capacity: 200
Land area: Approximately 16,
5. LEYTE REGIONAL PRISON, Abuyog,
408.5 hectares By virtue of:
Southern Leyte Date established:
Proclamation no. 72
Jan. 16, 1973
Date established: Sept. 26, 1954
- Under Proclamation No.
1101 Principal product: Rice
 NEAREST PENAL COLONY IN military reservation
MANILA locatedin Taguig
which was established
7. DAVAO PRISON AND PENAL
after the
FARM, Tagum, Davao del
Americans came to the
Norte
Philippines. The
- The Davao Penal Colony was prison was originally
established on January 21, 1932 in used as a detention
accordance, with Act No. 3732 and center for offenders of US military
Proclamation No. 414, series of laws and ordinances.
1931. With two sub-colonies:
2. CORREGIDOR PRISON
1. Panabo sub-colony
In 1908 during the
2. Kapalong sub-colony American regime,
some 100 prisoners
- It administers the Tanglaw
were
Settlement for those
inmates who desire to live transferred from the Old Bilibid
within the compound. Prison to Corregidor Island to work
under
- 30,000 HECTARES
military authorities. This
- First headed by: GEN.
move was in
PAULINO SANTOS
accordance with an
- RICHEST AND HIGHEST order from the
INCOME EARNER
Department of Instructions which
- BIGGEST BANANA AND approved the transfer of inmates
ABACA PLANTATION so they could assist in
maintenance and other operations
NON – OPERATIONAL PRISONS IN
in the stockade.
THE PHILIPPINES
3. BONTOC PRISON
1. FORT BONIFACIO
The Philippine Legislature
A committee report
during the American
submitted to then
regime passed Act
President Carlos P.
Garcia No. 1876 providing for the
establishment of a prison in
described Fort Bonifacio,
Bontoc, Mountain
formerly known as
Fort William
McKinley as a
Province. The prison was built for
the prisoners of the province and
insular

prisoners who were

members of the
non-Christian tribes of
Mountain Province and
Nueva Vizcaya.