LESSON MANUSCRIPT
INSTITUTIONAL CORRECTION
I. Introduction:
Correction as component of Criminal Justice system- is a machinery in
which the Philippine Constitution uses in the prevention & control of crime.
For Criminal Justice Purposes, the term correction, corrections and
correctional, are words describing a variety of functions typically carried out
by government agencies, and involving the punishment, treatment and
supervision of persons who have been convicted of crimes, these functions
commonly given through institutional and non-institutional approaches. A
correction system, also known as a penal system, thus, refers to network of
agencies that functions related to rehabilitating convicted persons through
either institution-based or community-based corrections.
II. Definition of Terms:
[Link] – those inmates who suffer from alcoholism or those engaged in
the improper intake of alcohol which may result in physical, social and behavioral
problems.
[Link] – those inmates who have a sexual attraction or sexual behavior
toward males & females, and may also encompasses sexual attraction to people of any
gender identity.
[Link] – also known as inmate record or jacket, it contains the personal and
criminal records, documents related to their incarceration such as: commitment order,
subpoenas, information of case, warrant of arrest, personal identification, orders from
the court, and other documents necessarily connected with the detention of an inmate.
[Link] or Children in Conflict with the Law (CICL), also known as Youth
Offender (RA 9344) - a person under 18 years old who is alleged as accused as having
committed an offense under the Philippine Laws.
[Link] Custodial Officer – is the personnel in-charge in the overall supervision
of all custodial functions.
[Link] Order – a written order of the court bearing the signature of the
judge, or any other agency authorized by law to issue, entrusting an inmate to a jail for
the purpose of safekeeping during the pendency of their case.
[Link] Order – is a warrant issued by a court bearing its seal and the
signature of the judge, directing the jail or prison authorities to receive inmates for the
service of sentence.
[Link] – any article, item, or thing prohibited by law or forbidden by jail
rules that would pose as security hazards or endanger the lives of inmates.
[Link] Visitation – refers to the visit by the wife for a short period, usually
an hour or less, to her incarcerated husband during which they are allowed privacy.
[Link] – a person who is accused before a court or competent authority
and is temporarily confined in jail while undergoing or awaiting investigation, trial or final
judgment.
[Link] Jail – is a facility and place of confinement for inmates coming from a
city or clustered municipalities who are waiting or undergoing trial or serving sentence of
1 day to 3 years.
[Link] Users – those inmates who take substances/ drugs that can alter their
body and mind works.
[Link] Dependent – those inmates who have psychological craving for
habituation to and abuse of or physiologic reliance on a chemical/drug substance.
[Link] Prone Inmates – are inmates who are likely and have the tendency
to escape from a jail facility.
[Link] Risk Inmates – are those considered as highly dangerous or with high
probability of escaping or being rescued because of the gravity of the crimes they are
accused or have a propensity for being trouble makers or initiators/instigator of jail riots
and disturbance and who require a high degree of control and supervision. (Heinous
Crimes such as murder, terrorism, kidnap for ransom, violation of RA 9165, the
imposable penalty is from life imprisonment or death. These also include those who
have a record of escaping from jails, recidivist, habitual delinquents, and those with
severe personality or personal disorders that make them dangerous to their fellow
inmates and jail personnel.
[Link] Profile Inmates – are those who are not necessarily charged with
heinous crimes but are prominent figures in the society or public figures whose cases
have drawn public interest.
[Link] Inmates – are those inmates who are physically or mentally weak
for a prolonged period of time specifically caused by age or illness.
[Link] – is the generic term used to refer to a detainee or prisoner.
[Link] with Disability – those inmates who have an impairment that may be
physical, cognitive, mental, sensory, emotional, developmental, or some combination of
these.
[Link] of Restraint – a device, contrivance, tool or instrument used to
hold back, keep in, check or control inmates.
[Link] – is a place of confinement for city and municipal detainees/prisoners,
any fugitive from justice, or person detained awaiting or undergoing investigation or trial
or pending transfer to the National Penitentiary, violent, mentally ill person who
endangers himself or the safety of others, duly certified by the proper medical and
health officer, pending transfer to a mental institution.
[Link] Aide – is an inmate who requires less supervision than other inmates,
although he may be assigned special tasks, he has no special privileges, and is not
allowed to work alone nor exercise any authority over other inmates.
[Link] Incident – any untoward or uncommon actions, events, or conditions
such as jail break, noise barrage, riot, stabbing or assault upon personnel that occurs in
jail and perpetrated by any person, which may or may not have followed or depended
upon another action of grave or serious consequences such as escape, death, injury,
fire, flood, earthquake or other calamity which affects the jail.
[Link] Break – the escape from jail by more than 2 inmates by the use of force,
threat, violence or deceit or by breaching security barriers such as scaling the perimeter
fence, by tunneling and or by other similar means or by burning or destructing of the
facility or a portion of the facility with or without the aid of jail officer or any other person.
[Link] Escape – it is an act of leaving from jail of an inmate through unofficial
and illegal ways or without any legal order from the court or authorities.
[Link] Warden – person charged with the overall operational and administrative
control of jail.
[Link] Contraband – are those that are unlawful in themselves and not
because of some extraneous circumstances. ( Dangerous Drugs, Weapons, &
Explosives)
[Link] Jail – is a facility or a place of confinement for those who are
sentenced with a penalty for a term not exceeding 6 months imprisonment.
[Link] – refers to a person who is accused of violating or transgressing law
and ordinances passed by competent authorities in the Philippines.
[Link] Contraband – are those that may not be classified as illegal under
the Philippine laws but are forbidden by jail rules i.e. cellphone, money or other
commodities of exchange such as jewelry, appliances & gadgets, excessive wearing
apparels and sleeping paraphernalia, liquors, cigarettes, pornographic materials,
gambling paraphernalia and other products that are considered as instruments for vices
since they threaten the security, fire safety, sanitation of the facility and the orderly
activities of the jail.
[Link] – a branch of criminology dealing with jail management and
administration of inmates.
[Link] – an inmate who is convicted of final judgment.
[Link] Jail – is a facility or place of confinement for inmates who are
sentenced with imprisonment from 6 months & 1 day to 3 years.
[Link] – means amending or improving by changing inmate’s behavior
or removing his faults or abuse and removing or correcting an abuse a wrong or error.
[Link] – a program of activity directed to restore an inmate’s self-
respect and sense of responsibility to the community, thereby making him law abiding
citizen after serving his sentence.
[Link] Keeping – refers to the temporary custody of a person for his own
protection from the community he comes from, and for the community he comes from.
[Link] – the delivery, notwithstanding his or their appeal of an inmate or
inmates sentenced to more than 3 year imprisonment, from any BJMP manned jail to
any Bureau of Corrections (BuCor) prisons or penal farms or the delivery of an inmate/s
from BJMP manned jail to another jail facility.
[Link] – means entrusting for the confinement of an inmate to a jail by
a competent court or authority, for the purposes of safekeeping during the pendency of
case.
Mid Term
RECEPTION AND RELEASING PROCEDURES, CLASSIFICATION
BOARD, DISCIPLINARY BOARD AND PUNISHABLE ACT OF INMATES.
1. RECEPTION PROCEDURES – A decent and humane program of
confinement starts with systematic reception of inmates for commitment to the
jail facilities. The following procedures should therefore be observed.
a. GATER – he or she check the credentials of the person bringing the
inmate/the committing officer to determine his/her identity and
authority. Also, he/she reviews the completeness of the following
documents before the person bringing an inmate/ the committing
officer is allowed to enter the facility. The documents mentioned earlier
refer to the:
1. Commitment Order
2. Medical Certificate - recent medical certificate taken within 24
hours prior to commitment.
3. Complaint/ Information
4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI
Additionally, the “Gater” shall subject the person to be
committed and his/her escorts for search and inspection as
prescribed. Finally, the gater refers the person to be committed and
his/her escorts to the Records Unit.
b. RECORDS UNIT – This unit examines the completeness and
authenticity of the requirements for commitment before it refers the
inmate for physical examination by the Health Unit.
c. HEALTH UNIT – 1. Checks the authenticity of the entries in the
medical certificate; conducts thorough physical examination of the
inmates to determine his/her true physical condition; and ask searching
questions to determine injury/injuries found to have been sustained by
the inmate after the conduct of medical examination or those injuries
not diagnosed prior to commitment in jail. Inmate is required to undress
while undergoing medical examination. A female inmate shall be
examined by female health personnel. A male inmate may be
examined by either male or female health personnel.
2. In case of any discrepancy found during physical examination
but same discrepancy is not indicated in the medical certificate, the
committing officer shall be required to secure another medical
certificate of the inmate. The commitment of an inmate shall be held in
abeyance pending the submission of a new medical certificate with
findings congruent to the medical findings of the jail physician/nurse.
The reason for the deferment of commitment shall be recorded in the
jail blotter. In case the committing officer fails to return the inmate to jail
within 24 hours, the reasons for the deferment of commitment and the
grounds thereof shall be reported immediately to the court that issued
the commitment order;
3. In the absence of a jail nurse/medical personnel, the
receiving officer shall refer the person to be committed to the nearest
government health facility for medical evaluation (check the medical
certificate and observe the mental alertness, physical abnormalities
and the overall appearance of the inmate); and
4. If no discrepancy is found during physical examination, the
inmate shall be referred back to the Records Unit.
d. RECORDS UNIT – Receives the inmate and the documents from
the committing officer and conducts the following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tatoos, etc;
c. Encode the inmate’s information to the NIMS. (National Inmate
Monitoring System)
d. Fingerprint and photograph the inmate with mug shot
background; and
e. List the names of visitors authorized by the inmate.
2. Apprise the inmate in a dialect that he/she understands of the provisions of
Article 29 of the Revised Penal Code which was further amended by R.A.
10592;
Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the
same disciplinary rules imposed upon convicted inmates. Otherwise, the warden issues
a certification under oath manifesting that the inmate was apprised of the provision of
the Art 29 of RPC as amended and refused to abide by the same; and
3. Store all documents in the Inmate’s Carpeta.
PROPERTY CUSTODIAN –
1. Checks the inmate’s belongings for presence of contraband.
Discovery of any contraband shall be treated in accordance with
the existing policies.
2. Takes all cash and other personal properties from the inmate, lists
them down on a receipt form with duplicate, duly signed by him/her
and countersigned by the inmate. The original receipt should be
given to the inmate and the duplicate be kept by the property
custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault,
said cash and valuables may be turned over to any person
authorized by the inmate.
4. Refers the inmate to the desk officer.
DESK OFFICER – books the newly committed inmate in the jail
blotter; assigns the inmate to a reception area, if any, where he/she
shall be scheduled for orientation on jail rules and regulation, and shall
undergo risk assessment and classification, evaluation and conduct
further medical evaluation/ screening by the Medical Officer.
ASSISTANT JAIL WARDEN or OFFICER OF THE DAY- Orients
the newly committed inmates on jail rules and regulations using the
Inmate’s Orientation Sheet.
JAIL WARDEN – Coordinates with concerned agencies regarding
the case of inmate for speedy disposition and furnish them with copies
of the available needed documents. The warden shall see to it that all
concerned agencies and persons will be informed of the commitment of
the inmate in his/her jail by submitting a written report through his
paralegal officer, he/she shall ensure that the courts and prosecutor’s
office are attending to the case of the inmate by constantly coordinating
with them for the purpose of speeding up the disposition of the case.
DUTIES & FUNCTIONS OF THE CLASSIFICATION BOARD - The classification
Board is tasked to conduct background investigation of inmates to determine the cell
(dormitory) assignment, the appropriate rehabilitative program, the type of supervision
and degree of custody and restrictions applicable to the inmate/s. The investigation
shall focus on the following:
a. Facts & data of the present case;
b. Inmate’s recent criminal history & the facts about the inmate’s attitudes
& behavior while confined in other institutions, if the inmate is a
recidivist or habitual delinquent;
c. Biography or life history;
d. Medical History;
e. Vocational, recreational, educational, & religious background/ interests;
&
f. Psychological characteristics as evaluated by the psychiatrist &
psychologist.
The inmate is required to appear before the classification Board for
validation of his profile. Upon completion of the classification assessment, the
inmate is then apprised if his cell assignment & welfare programs appropriate for
him. He is asked if he is willing to undergo this program for his own good. If he is
willing, the Board will see to it that the program planned for the inmate is
followed. Then the inmate is assigned to his cell according to the approved
classification.
CLASSIFICATION PROCESS
a. Admission of Inmate – Once an inmate has undergone the
registration process; he will be temporarily housed at the Inmate
Classification & Counseling Unit (ICCU) in jails where it is
available. He shall stay at the ICCU for a minimum period of 30
days but not exceeding 60 days or until the completion of the
classification process. At the ICCU, the newly committed inmate
will undergo assessment by the different health professionals.
b. Medical Examination
c. Results of the medical examination shall be recorded & shall
bear the signature of the physician or nurse who conducted the
examination. Medical issues will be attended to accordingly.
d. Dental Examination
e. Psychological Examination
f. Social Case Study – In-depth interview that considers the “who
the inmate is” from birth up to the present including his familial,
emotional, social, vocational & other issues that has an impact
on his personality.
g. Risk Assessment – A risk assessment tool shall be utilized to
determine the level of violence/risk the inmate poses, either
external or internal. This will help in the proper classification &
segregation of inmates & in the design of specific development
plans.
h. Psychiatric Evaluation
i. Case Management – Each inmate will be assigned to a specific
case manager who may either be a psychologist, a social
worker or a nurse. The case manager shall be responsible for
the consolidation of all the results & shall make the proper
decision as to the classification of the inmates & the
identification development programs for each inmate.
j. Inmate Orientation & Counseling – In this phase, the newly
committed inmate shall likewise undergo counseling for him to
develop better coping skills thereby preventing psychological
imbalance in the early phase of incarceration.
k. Inmate Evaluation & Classification – Using the different tools
of assessment, the newly committed inmate will now be
classified based on the level of risk & present physical, mental &
emotional state.
l. Proper Cell Assignment & Development Plans – After the
inmate has undergone all the assessments based on results of
the final evaluation, the inmate may then be assigned to the cell
that is deemed best for his growth & well-being.
m. The newly committed inmate is encouraged to participate in
the recommended development program.
n. Monitoring- After the inmate has been transferred to his
assigned cell and has been attending the prescribed
development programs, the case manager shall periodically
monitor, and change & enhance inmate’s development
program/s depending on his behavioral progress.
DISCIPLINARY BOARD – A disciplinary board shall be organized
& maintained for the purpose of hearing disciplinary cases involving
any inmate who violates jail rules & regulations. It shall be
composed of the following:
Chairperson- Assistant Jail Warden
Member- Chief, Custodial/ Security Officer
Member- Medical/ Public Health Officer
Member- Jail Chaplain
Member- Inmates Welfare & Development Officer
Member- Inmate’s Representative
If the above composition is not feasible because of personnel
limitation, the warden shall perform the board’s functions & he shall
act as the summary disciplinary officer.
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 & decided within 48 hours from
the date of receipt of the case.
The disciplinary board may recommend to the warden partial
or full forfeiture of good conduct time allowance (GCTA) to be
earned for a particular month and subsequent months depending
upon the gravity of the offense.
The only disciplinary punishments allowed to be imposed by the
Disciplinary Board or the Warden as the case may be:
a. Reprimand;
b. Temporary or permanent cancellation of some or all
recreational privileges;
c. Extra-fatigue duty for sentenced inmates;
d. Close confinement in a cell (this will be imposed only to
inmates that are incorrigible and when disciplinary
measure are proven ineffective); and
e. Transfer to another jail in the area upon coordination with
the proper court.
MODES AND GUIDELINES FOR RELEASE – The following
modes and guidelines shall be observed when inmates are to be
released from detention:
1. An inmate may be released through:
a. Service of Sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty
2. Before an inmate is released, he shall be properly identified to
ensure that he is the same person received and is subject of
release. His marks & fingerprints shall be verified with those
taken when he was received. Any changes or differences in his
distinguishing marks & scars shall be investigated to ascertain
his real identity in order to prevent the mistaken release of
another person
3. No inmate shall be released on a mere verbal order or an order
relayed via telephone. The release of an inmate by reason of
acquittal, dismissal of case, payment of fines, or filing of bond,
shall take effect only upon receipt of the release order served by
the court process server. The court order shall bear the full
name of the inmate, the crime he was charged with, the criminal
case number & such other details that will enable the officer in
charge to properly identify the inmate to be released;
4. Upon proper verification from the court of the authenticity of the
order, an inmate shall be released promptly & without
unreasonable delay;
5. Under proper receipt, all money earned, other valuables held &
entrusted by the inmate upon admission, shall be returned to
him upon release;
6. The released inmate shall be issued a certification of discharge
from jail by the jail warden or his authorized representative.
LEGAL MODES OF EARLY RELEASES
1. BAIL
a. Surety
b. Property
c. Cash
2. APPLICATION OF PREVENTIVE IMPRISONMENT
a. Article 29 of the Revised Penal Code as amended by BP
Blg. 85, RA No. 6127, RA 10592
b. Detainees Manifestation- Part of the Carpeta
1. Full – Agrees voluntary to abide with jail rules
2. 4/5
- Does not agree
- Recidivist or convicted twice previously
- Failed to surrender voluntarily
3. Includes all deprivation of liberty
c. Release after serving the maximum of the imposable
sentence
1. Intervention of the Court
2. Public Attorney’s Office (PAO)- Paralegal Officer
3. Supreme Court Administrative Circular No. 1-
2000, 17 Feb 2000 (Directing Trial Judges to
faithfully observe or implement the last paragraph
of Article 29 of the RPC as amended) if the
detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with 4/5 of the time during which he has
undergone preventive imprisonment. As amended
by Ra 6127, June 17, 1970.
3. PROBATION- By probation, a person who is convicted of a criminal
offense is not sent to prison by the sentencing court. Instead, the convicted
person is released and placed under the supervision of a probation officer
subject to the conditions, which the court may impose.
a. Presidential Decree (PD) No. 968, as amended by RA 10171,
b. Sentence imposed in 6 years and below
c. Probation and appeal excludes each other
d. Must apply within 15 days from notice/promulgation or
judgment
e. Granted only once
f. Important conditions to remember
- Cannot change residence without knowledge and
consent of court.
- Report to the Probation Officer
4. PAROLE – Available if the sentence prisoner has served the MINIMUM
of his indeterminate sentence.
5. PARDON/ COMMUTATION OF SENTENCE- Application should be
signed by Prisoner addressed to the President thru the Board of Pardons
and Parole.
6. RA 10592- or the good conduct time allowance (GCTA) law, allows for a
reduction of sentences of PDL, depending on how well they abide by rules
and regulations inside any penal institution, rehabilitation, or detention
center or any other local jail:
a. First 2 years – 20 days for each month served
b. 3 to 5 years – 23 days
c. 6 to 10 years – 25 days
d. 11 years and up – 30 days
SPECIAL TIME ALLOWANCE FOR LOYALTY
a. Reduction of 2/5 of maximum imposable penalty of sentence if remained
in jail.
b. Reduction of 1/5 of maximum imposable penalty or sentence if escaped
during calamity but returned within 48 hours from the declaration of the
passing away of the calamity.
TIME ALLOWANCE FOR STUDYING, TEACHING, AND MENTORING- 15 days per
month.
7. SERVICE OF SENTENCE
a. Successive not simultaneous except when the nature of the
penalties permits (disqualification, etc.) Most severe to be
served first.
b. Three (3) Fold Rule- length of time serve shall not be more
than 3 times the most severe penalty. “Most Severe” includes
same penalty.
c. No subsidiary imprisonment unless stated in the decision,
incase of insolvency.
d. Watch out for Promulgation of Judgment.
8. JUVENILE JUSTICE WELFARE ACT
a. RA 9344, as amended by RA 10630
b. No jail detention for children below 18 years of age
PROCEDURE ON RELEASING- The procedures shall be observed when inmates are
to be released from detention.
1. Desk Officer- upon receipt of release order, the desk officer shall coordinate
with the paralegal officer for verification of the authenticity of said order.
2. Paralegal Officer – Verifies the authenticity of the release order.
3. Records/ Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that the data in the release order
coincide with the data in the inmate’s carpeta (spelling of name,
offense Criminal Case Number, etc.,
c. Checks that the inmate has no other pending case/s.
d. Routes the release paper to different signatories.
4. Property Custodian
1. Checks on the receipt of property and returns to the inmate his
deposited items.
2. Makes sure that the returned items of the inmate are duly
received and properly recorded.
5. Desk Officer – Records the release of inmate and the condition of the inmate
upon his release.
6. Jail Warden
Reports to concerned agencies/persons the release of
inmate for aftercare program. Upon release of the inmate, the
warden shall notify the following agencies/persons:
-Punong Barangay
-Priest or religious minister
-Family – if release is not witnessed by any member of
immediate family
-Court- in case of convicted inmate
FINAL
CUSTODY, SECURITY & CONTROL, EMERGENCY PLANS, MOVEMENT & TRANSFER OF
PRISONERS & DETAINEES
Jail management is concerned with the humane safekeeping and development of persons.
Effective custody ensures that inmates are well secured in all areas of the detention facility and properly
escorted when attending their court hearings and other /lawful destinations.
CUSTODY, SECURITY AND CONTROL
a. Each jail shall maintain the following minimum standards with regard to security of
the facility:
1. An established security perimeter. In every jail, there shall be a defined,
controlled security perimeter.
2. A secured office for personnel.
3. A secured visiting area for inmate’s visitors.
4. A secured multi- purpose area for inmate’s activities and an area for
livelihood activities.
5. Armory and storage lockers for inmate’s valuable items and other
equipment.
6. Operational closed-circuit televisions (CCTV) strategically mounted to
monitor jail premises & all activities therein.
7. A two- way communication system to be used by the officer of the day,
supervisor, desk officer & other personnel on duty, and
8. Equipment necessary to sustain operability of the utilities, communications,
security and fire protection equipment at all times.
b. To ensure that minimum standards in security and control are maintained, the
following guidelines & procedures shall be strictly implemented.
1. Each newly admitted inmate shall be thoroughly searched for weapons &
other contraband immediately upon arrival in the facility.
2. All inmates must be searched thoroughly by the duty personnel whenever
they enter or leave the security areas.
3. Conduct surprise searches on inmates & inspection of their quarters & other
areas accessible to inmates at least once a week to detect and flush out
contraband.
4. Maintain a key control center for storing keys that is inaccessible to PDL &
unauthorized persons. There shall be one (1) full set of duplicate keys,
secured in a place accessible only to jail personnel for use in the event of an
emergency. These keys shall be marked for easy identification.
5. Continuous inspection & maintenance of all locks. Replace locks as often as
possible & never allow PDL to install locking system in the cell gates & to
possess their own padlock for purposes of locking themselves in their cells
that will cause delay for personnel conducting regular cell search &
inspection.
c. Maintain strict control of firearms
1. Never allow any personnel with firearms on areas of PDL and/or in any area
intended for PDL activities.
2. Never allow PDL in the workplace of personnel or in areas where firearms
are authorized, and
3. Secure firearms and anti-riot equipment in the armory located within easy
reach of jail personnel in case of emergencies but not accessible to PDL.
4. All firearms, ammunition, chemical agents, related to security & emergency
equipment must be inventoried & tested at least quarterly to determine
their condition & expirations dates.
5. All tools, toxic, corrosive & flammable substances & other potentially
dangerous supplies shall be stored in a locked area which is secure &
located outside the PDL area. Tools, supplies & equipment which are
particularly hazardous shall be used by PDL only upon direct supervision.
d. Conduct daily inspections of all security facilities (i.e. cctv, ceilings, window grills,
iron bars, etc.) and document all findings. Any tampering or defects detected must
be reported in writing to proper authority for immediate action.
e. Regular conduct of guard mounting for all incoming duty of the Custodial/Escort
Unit before their assumption of duty to remind & update them of the
policies/guidelines pertaining to security & control.
f. Conduct regular count of PDL at least five to six (5-6) times within a 24- hour period.
g. Prohibit PDL visitor to stay inside jail premises beyond authorized visiting period
regardless of any reasons.
h. Never allow jail personnel to open PDL quarters alone. At least one (1) other jail
personnel should be present & guarding the gate.
i. PDL should be taken out of jail only upon written order of the Court.
j. Ensure that all vehicles & persons entering the jail premises are properly searched.
AS REGARD THE USE OF FORCE
Use of force shall be limited to instances of justifiable self-defense, prevention of self-
inflicted harm, protection of others, prevention of riot, commission of crime, escape or other jail
disturbance & to controlling or subduing a PDL who refuses to obey a lawful command or order.
INMATES COUNT – It is imperative that the specified times during each 24- hour period,
all PDL are physically counted. For this type of count, the general procedures are:
1. Count each PDL physically at specified times or as necessary.
2. During the count, ensure that all movements of PDL are stopped until the
count is completed.
3. The count must be accurate. Make a positive verification to ascertain that
the PDL are physically present. Refrain from conducting count on the basis
of only having seen any part of the clothing, hair or shoes.
4. If the total jail count does not tally with the total jail population at any given
time, conduct another headcount. Render an immediate report relative to
any unaccounted PDL.
SECURITY PROCEDURES DURING MEAL SERVICE- Security must be considered in
serving food inside the dormitories. A jail officer should not enter the PDL quarters to
distribute food unless another officer is available to handle the keys & control the
entrance door.
DINING ROOM SECURITY- For jail facilities that have separate dining or mess
halls, the following shall be observed;
1. As a general precaution, individual mess utensils of PDL shall be made of
plastic.
2. After every meal, all utensils used by the PDL should be collected. Jail
personnel should strictly supervise to ensure that no utensils are brought
out the dinning room.
MAIL SERVICES AND CENSORSHIP- Mail service shall be provided to all PDL
provided that all outgoing and incoming mail matters are passed through a
designated Censor Officer in order to intercept any contraband or illegal articles
and any information affecting the security of the jail.
1. Legal mail or correspondence shall be opened and inspected in the
presence of the PDL to intercept contraband.
2. In the censoring of mails, prison slang, unusual nicknames, and
sentences with double meanings should be carefully studied and
analyzed to determine the real meanings.
3. Refer to the warden all letters containing statements concerning the
security or reputation of the jail, like the attempts to escape or
smuggling/trafficking of contraband, and statements that may affect
existing rules and policies.
4. The PDL sending out any mail matter shall open his mail/package and
have it read and inspected by the designated censor officer, if the mail is
clear to dispatch, the PDL shall close and seal the mail and place the
same in the outgoing mail box.
5. If the outgoing and incoming mail has contraband or harmful
information, such matter shall be registered as violation of jail rules and
regulations and should be brought before the Disciplinary Board for
immediate adjudication.
MOVEMENT/TRANSFER OF INMATES- Prisoners or detainees may be moved or
transferred safely and humanely by trained personnel who shall adopt the necessary
level of security, supervision, and control to ensure public safety.
Subject by virtue of an appropriate court order, an inmate may be brought out
of jail under any of the following instances.
1. To appear, as witness before any court of justice or prosecutor’s office
during preliminary investigation, arraignment or hearing of a criminal case.
2. To appear as witness in any investigation or formal inquiry being
conducted by a government agency.
3. To view the remains of a deceased relative within the second degree of
affinity and consanguinity, and
4. To undergo medical examination or treatment in a hospital or clinic.
A PDL may be transferred to another institution only upon specific order of the court
having jurisdiction over him, except in cases of serious illness where hospitalization is necessary,
and the PDL has to be immediately taken to the nearest hospital upon the recommendation of
the health officer.
In the case of PDL classified as high-risk/high-profile and detained in small and remote
jail facilities or in jails not considered as high security facility, their transfer to a better secured
jail shall be effected provided a request is made from the executive judge who has
administrative supervision of the court in the place where the jail in which the PDL is detained
for his immediate action, approval and notification to the court’s Presiding Judge.
In any emergency or riot or other jail disturbance that happens on a weekend and when
the immediate transfer to other jails of PDL involved is necessary to ensure the safety of other
PDL and security of the jail, under that compelling situation the jail authorities can recommend
their immediate transfer to another jail, provided that, on the first hour of the following working
day, the court concerned must be informed of the said transfer.
PDL who wish to view the remains of a deceased relative with the second degree of
consanguinity or affinity and whose motion for that purpose was approved by the court. (spouse
w/ marriage contract, children, father/mother, brother/sister, grandparent & grandchild)
The deceased relative is lying- in- state in a place beyond 30 kilometer radius from the
jail or, in any case, where the PDL cannot return to said place during daylight hours;
The PDL has a record of escape or attempted escape;
The PDL has 2 or more pending criminal cases or is a material witness in a pending
criminal case;
The PDL is classified as high risk, high profile, high value or violent extremist offender;
The PDL cannot be assured of his safety & security, or his escape is highly possible;
There is an intelligence report that the PDL will escape or will be rescued.
If approved, the PDL shall not be allowed to stay more than 3 hours in the place where
the remains of the deceased relative lie in state. Further, in no case shall the PDL be allowed to
join the funeral cortege.
RULES TO BE FOLLOWED WHEN TRANSPORTING INMATES- When moving/transporting PDL, the
following shall be observed:
1. Jail personnel should not discuss with the PDL the transportation plans, schedules
or equipment to be used.
2. PDL should be notified of a trip only prior to the departure and shall not be
allowed to make a phone call.
3. Prior to movement/transport, all escort personnel shall be given detailed
instructions on their respective duties & responsibilities.
4. Transfer shall only be made during day time.
5. Long distance transport of 1 or more PDL shall be escorted by a minimum of 3
escort personnel & a back-up vehicle, if available.
6. If possible, personnel from Jail Intelligence Unit shall serve covert security by
serving as advance party of the convoy & shall conduct road scanning of the agreed
route to detect any threat to the PDL & his escorts while enroute. Being familiar
with the area, the local intelligence unit of the nearest jail in the place of destination
shall also assist in long distance transport of PDL by way of conducting
reconnaissance operation prior to the scheduled arrival to determine any unusual
activities in the area which may affect the safe & secure transport of PDL.
7. The most direct & shortest route to the destination shall be taken and no
deviation shall be allowed except when security consideration requires otherwise.
8. Using rented vehicle shall not be allowed when transporting PDL.
9. PDL under escort shall always be under the watchful eye of the escort personnel.
While in transit, the personnel shall stay close enough (strategically position) to the
PDL to be able to respond quickly in case of emergency.
10. Escort personnel shall be the first ones to disembark from the vehicle & shall
position in a safe distance to ensure clear vision of disembarking PDL.
11. Escort personnel are justified in using deadly force to protect themselves and/or
PDL from ambush or any deadly attack while in transport.
12. Maximum security measure shall be observed at all times in providing escort to
high risk, high profile PDL and VEO’s following the ratio of one is to one plus one
escort supervisor.
13. The driver shall not leave the vehicle while in court or other authorized destination
& be watchful of any suspicious individual.
14. To avoid unnecessary stops while in transit, PDL should have relieved themselves
from personal necessity.
BASIC SECURITY PRECAUTIONS SHALL BE OBSERVED DURING TRANSPORT OF PDL
a. Do not allow PDL to tinker with the handcuff.
b. Regard all PDL being transported as extremely dangerous.
c. Adjust the cuffs properly for tightness to avoid the need of adjustment while
enroute & observe proper placement of handcuff which is either right to
right or left to left. High risk/profile PDL must be handcuffed at the back.
d. Escort personnel shall be extra careful not to sit, stand or walk next to a PDL
while carrying a gun to avoid being grabbed by PDL.
e. Stopping along the highway while in transit is highly discouraged.
f. Thoroughly inspect restraint equipment for proper function & damage, &
make a thorough body search before placing the equipment on PDL &
before removing a PDL from a holding area.
g. Avoid interfering with road mishap/ incidences while transporting PDL
unless it poses imminent threat against the PDL.
h. In case of involvement in a road accident and no traffic authority is
present or cannot arrive in a shortest possible time, the position of the
vehicles and the damage incurred shall be immediately photographed &
sketched & before leaving, provide the driver of the other party a contact
number of the jail. Once the PDL was returned to the jail, immediately
coordinate with the traffic authorities having jurisdiction in the place of
incident.
GUIDELINES FOR USING RESTRAINT:
a. Never place a restrained PDL in an area where unrestrained PDL are located.
b. Never handcuff a PDL without double-locking both handcuffs.
c. Never handcuff a male with female PDL.
d. Never handcuff an adult PDL with a juvenile PDL.
e. Never handcuff a maximum risk with a medium or minimum risk PDL.
f. Observe right to right/left to left when placing handcuff, and
g. Restraint shall not be used as a punishment.
SECIAL CONCERNS
Escape
a. If a PDL escapes during transport, the escort personnel shall exhaust all
means possible to immediately apprehend the inmate.
b. If more than one (1) inmate is being transported, at least one (1) personnel
shall remain with the inmates still in custody.
c. The escort personnel shall notify the nearest law enforcement unit & the
Chief Escort as soon as possible.
d. Personnel shall remain in the vicinity of the place where escape happened
to assist local enforcement units, and
e. In the event that an escape or attempted escape has transpired in a public
place, escort personnel shall not fire warning shots. If time and opportunity
allows and no other person is near the escapee, the personnel may shoot
provided a verbal warning was made prior to the discharge of the firearm.
EMERGENCY PLANS/ CONTINGENCY PLANS- Emergency plans for both natural and man-
made calamities and other forms of jail disturbances shall be formulated to suit the physical
structure and other factors peculiar to every jail, such as:
Natural Calamities Man-made Calamities/Disturbances
a. Fire a. Riot
b. Flood b. Jailbreak
c. Earthquake c. Noise Barrage
d. Tsunami d. Hostage-taking
e. Landslide e. Food poisoning
f. Typhoon f. Rescue
g. Volcanic eruption g. Biological attacks
h. Epidemics h. Bombing
i. Others i. Water shortage
J. Power failure
REGULAR DRY-RUN- To ensure the contingency plans would be applied to the
letters, regular dry run shall be conducted to ensure effective and well-organized
reaction taking into consideration the actual strength of the jail per shift and the
absolute reaction of personnel on off duty upon notice of disturbance/s.