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Cri 313 Unit 3

The document discusses the general guidelines for administering correctional facilities through the Bureau of Corrections in the Philippines. It provides definitions for key terms like Bureau of Corrections, penal colony, prison, and prison farm. It then discusses the evolution of the prison system from ancient Roman times to the Philippines under Spanish and American rule. The document outlines the seven operational penal institutions managed by the Bureau of Corrections, including New Bilibid Prison, Correctional Institution for Women, Davao Prison and Penal Farm, and Iwahig Prison and Penal Farm. It also briefly mentions one non-operational national prison, Fort Bonifacio Prison.
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0% found this document useful (0 votes)
288 views

Cri 313 Unit 3

The document discusses the general guidelines for administering correctional facilities through the Bureau of Corrections in the Philippines. It provides definitions for key terms like Bureau of Corrections, penal colony, prison, and prison farm. It then discusses the evolution of the prison system from ancient Roman times to the Philippines under Spanish and American rule. The document outlines the seven operational penal institutions managed by the Bureau of Corrections, including New Bilibid Prison, Correctional Institution for Women, Davao Prison and Penal Farm, and Iwahig Prison and Penal Farm. It also briefly mentions one non-operational national prison, Fort Bonifacio Prison.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 15

Big Picture C

Big Picture in Focus: ULOc. Discuss the general guidelines in


administration of correctional facilities through the
Bureau of Correction

Metalanguage
In this section, the most essential concepts in relation to the general guidelines in
administration of correctional facilities will be defined:

 Bureau of Correction (BuCor) – Is an integral bureau of the DOJ mandated to


carry out the institutional rehabilitation programs of the government for national
offenders or those who are sentenced to more than 3 years of imprisonment and
to ensure their safe custody.
 Open Penal and Correctional Institutions - Is characterized by the absence of
material or physical precautions against escape. Has the primary purpose to
rehabilitate offenders in an atmosphere as similar as possible to that of free
society based on trust and self-respect
 Penal Colony – Is a settlement used to exile prisoners and separate them from
the general populace by placing them in a remote location, often an island or
distant colonial territory.
 Prison – Are correctional facilities for longer-term incarceration, primarily of felony
offenders, administered by the BuCor.
 Prison Farm – Is a large correctional facility where penal labor convicts are put to
economical use in a ‘’farm’’ such as in agriculture, logging, and quarrying. Their
produced agricultural goods are generally used primarily to feed prisoners
themselves and other wards of the state and secondarily, to be sold for the profit
of the state.

Essential Knowledge
To perform the aforesaid big picture (unit learning outcome) for the four (4)
weeks of the course, you need to fully understand the following essential
knowledge that will be laid down in the succeeding pages of discussion.

Evolution of Prison System


Prison comes from Latin carcer meaning literally ‘’to sieze’’. Prison also
came from the French word Prisonneur, meaning ‘’a place in which people are
physically confined and, usually, deprived of a range of personal freedoms’’
A large Springwater Cistern was constructed in Rome around the same
time as Draco . 64 BCE a vast primitive prison was used and was called as
Mamertine Prison which are only for high-profile and military prisoners and only
until they could be paraded in public prior to some gruesome death.
Roman law did not recognize imprisonment as punishment During the
reign of Constantine I, it is believed that the Christian Church began the custom of
sanctuary for penitence and that eventually led to a form of imprisonment and
monasteries.
Evolution of Prison System in the Philippines
During the pre-colonial times, incarceration was community-based which
was only meant to prevent the culprit from further harming the local residents. The
formal prison system in the Philippines started only during the Spanish regime,
where an organized corrective service was made operational.
Established in 1847 pursuant to Section 1708 of the RAC and formally
opened by a Royal Decree in 1865, the Old Bilibid Prison was constructed as the
main penitentiary on Oroquieta Street Manila. In November 1, 1905 Reorganization
Act 1407 was passed into law mandating the Philippine Commission to create the
Bureau of Prisons.
Under Executive Order 292 or the RAC of 1987, Book IV, Title III, Chapter
8, Sec. 26 the Bureau of Corrections was created which shall have its principal
task to rehabilitate prisoner.

Penal Institution
Under RA 10575, the BuCor may propose additional penal farms as may
be necessary as possible, aside from its existing 7 prison and penal farms to
decongest existing penal institutions and accommodate the increasing number of
inmates committed to the agency. The prison and penal farms as well as sub-
colonies are under the supervision of the Sub-Colony Supervisor, Colony Assistant
Superintendent, and Colony Superintendent.

The 7 Penal Institution of the BuCor


1. New Bilibid Prison
Due to increasing crime, the Philippine Government enacted
Commonwealth Act No. 67 and a new prison was built in Muntinlupa on 551
hectares of land at an area considered at that time to be remote. On November 15,
1940, all prisoners, equipment and facilities of the Old Bilibid Prison in Manila were
transferred to this new site.
Had a capacity of 3,000 prisoners and it was officially named on January
22, 1941. Has an rea of 587 hectares and was surrounded by three layer of barbed
wire. Its old facility was turned to Manila City Jail.
Is the main insular penitentiary designed to house the prison population of
the Philippines. Is the central office, from where the seat of administration and
organizational power emanates. Is a regular prison housing 60% of the country’s
insular prisoners Houses the following Camps – The Maximum, Medium and
Minimum Security Camps.
2. Correctional Institution for Women (CIW)
On November 27, 1929, after a series of negotiations started by Prison
Director Ramon Victorio, the Philippine Legislature passed Republic Act No. 3579
into law establishing the CIW. On February 14, 1931, the women prisoners were
transferred from the Old Bilibid Prison to a building in Welfareville Compound,
Nueve de Pebrero, Mandaluyong City.
It was constructed on an 18 hectares piece of land. In 1934, the position of
female superintendent was created to supervise the operations of this penal
facility. Is run entirely by female personnel with the exception of the perimeter
guards who are male
3. Davao Prison and Penal Farm (DAPECOL)
It was the first penal settlement founded and organized under Filipino
administration which originally had an area of approximately 30,000 hectares in the
districts of Panabo and Tagum, Davao del Norte, was formally established on
January 21, 1932 by the virtue of Act No. 3732.
It was converted into a concentration camp at the outbreak of World War II
where more than 1,000 Japanese internees were committed by the Philippine-
American Armed Forces. On December 20, 1941, the Japanese imperial forces
attacked Davao and the colony was among the establishments taken over by the
invaders
It is subdivided into three sub-colonies: The Panabo Sub-colony, the
Kapalong Sub-colony and the Abaca Decorticating Plant. The Abaca Decorticating
Plant takes charge of the production of abaca, which is the main industry of the
colony. Has also a settlement site the Tanglaw Settlement for released prisoners
as homesteaders.
4. Iwahig Prison and Penal Farm
It was formerly known as Iuhit Penal Settlement. It is the largest operating
institution under the BuCor. It was established on November 16, 1904 in Puerto
Princesa City, province of Palawan by the Americans in a 28, 072 hectares of land
on the order of Governor Forbes.
Its establishment was made on the suggestion of Governor Luke E. Wright
who felt the need for an institution designed for incorrigible offenders and made as
depository for the prisoners who could not be accommodated at the Bilibid Prison.
It had for its first Superintendent Lt. George Wolfe, who became the first prison
director.
It is subdivided into four zones or districts: Central Sub-Colony – where the
headquarters and main buildings of the colony are located and which has an area
of 14,700 hectares; Sta. Lucia – 9,685 hectares; Montible – 8,000; Inagawan Sub-
Colony – 13,000 hectares.
Is the shinning symbol of the prison system in the Philippines for it
acquired for itself an international recognition as the first and most successfully
open penal institution in the world and was called as ‘’prison without walls’’.
5. Sablayan Prison and Penal Farm
It is located in Occidental Mindoro was established September 27, 1954
under Proclamation No. 72. It has a total land area of approximately 16,190
hectares and is a facility where prisoners from NBP are brought for decongestion
purposes. Horticulture is the main line of production, private sectors participation is
encouraged thru joint ventures in rice and corn areas and upland for other cash
crops.
6. San Ramon Prison and Penal Farm
It was established in San Ramon, Barangay Talisayan, Zamboanga City
on August 21, 1870 during the tenure of Governor General Ramon Blanco, a
Spanish captain in the royal army (whom the prison was named after). After
several years, the colony became practically self-supporting, with 75,000 coconut
trees, which were planted at the beginning of Pershing’s administration,
contributing to the colony’s self-sufficiency.
7. Leyte Regional Prison
It was created on January 16, 1973 under Proclamation No. 1101 situated
in Abuyog, Southern Leyte and has an inmate capacity of 500. While its
plantilla and institutional plan were almost ideal, lack of funds made the prison
unable to realize its full potential and its facilities are often below par compared
with those of other established penal farms.

Non-Operational National Prisons


1. FORT BONIFACIO PRISON
A committee report submitted to then President Carlos P. Garcia described
Fort Bonifacio, formerly known as Fort William McKinley, as a military reservation
located in Makati, which was established after the Americans came to the
Philippines. For several years, incorrigibles were mixed with political prisoners
(those convicted of rebellion) at the Fort Bonifacio facility until June 30, 1968, when
it was converted into a prison exclusively for political offenders.
After a bloody April 1969 riot at the Muntinlupa facility, however,
incorrigible prisoners from Muntinlupa were transferred to Fort Bonifacio. During
the administration of President Diosdado Macapagal, the Fort was renamed Fort
Andres Bonifacio. The one-story building now stands on a one-hectare area. The
Fort Bonifacio Prison continued to be a satellite prison of the national penitentiary
even after martial law was lifted. It was only in the late 1980’s that the facility was
vacated by the Bureau of Prisons.
2. CORREGIDOR PRISON STOCKADE
In 1908 during the American regime, some 100 prisoners were transferred
from the Old Bilibid Prison to Corregidor Island to work under military authorities.
The inmates were transported not to serve time but for prison labor. Until the
outbreak of the Second World War, inmates from Old Bilibid Prison were regularly
sent to Corregidor for labor purposes. When the War broke out, prisoners on
Corregidor were returned to Bilibid Prison. The island prison was never reopened.
3. BONTOC PRISON
The Philippine Legislature during the American regime passed Act No.
1876 providing for the establishment of a prison in Bontoc in Mountain 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
Viscaya. It could be reached only through narrow, poorly developed mountain
roads. Due to the enormous expenses incurred in transporting personnel,
equipment and supplies to the prison, the facility was not used anymore for
correction.

Admission and Confinement of Inmates


1. Reception and Diagnostic Center
- Shall receive, study, and classify inmates and detainees committed to the
Bureau.
2. Quarantine
- An inmate shall be quarantined for 5 days which he shall be:
a. Given Physical Examination
b. Orientation with prison rules
c. Interviewed by a counselor or staff
3. Assignment of Inmate
- After quarantine, an inmate shall remain in RDC for not more than 55 days where
he shall undergo examinations
4. Inmate Record
- The RDC shall keep a complete record of an inmate’s personal circumstances;
brief history; interview result; and initial security classification.

Admission of Inmates
1. Admission – an inmate shall be admitted in RDC upon presentation of the ff:
a. Mittimus Order
b. Information
c. Certificate of detention
d. Certification that his case is not on appeal
2. Form of Commitment/Mittimus Order – shall be under the signature of the
judge and shall bear the seal of the court
3. Registration book – shall contain the ff:
a. Name of the inmate
b. Reason for commitment and the authority
c. Sentence
d. Date and hour of admission
e. Date and hour of discharge or transfer and reason thereof
4. Admission Process – an inmate shall be photographed, fingerprinted and
assigned permanent prison number. The Male inmate shall be given a
regulation haircut and shall be shaved off.
5. Hairpieces – an inmate may not wear a wig or artificial hairpiece
6. Body Search – upon admission, an inmate shall be searched thoroughly. All
articles taken shall be recorded and can be retain if authorized but shall be
returned upon discharged.
7. Confiscation of Contraband – all prohibited drugs and all types of weapons
and substances that may cause injury shall be confiscated.
8. Issuance of Uniforms – a new inmate shall be issued two regulation suits and
two t-shirts.
9. Personal Effects – an inmate may bring clothes and other items essential to
his well-being and electrical equipment provided it will be used for common but
not luxurious items.
10. Wearing of Jewelry – an inmate may not wear jewelry, however be allowed to
wear an inexpensive watch.

Classification of Inmates as to Security Risk


a. Maximum Security Prisoners
- Shall include highly dangerous inmates who requires a higher degree of control
and supervision
- Confined as the Maximum Security Prison, NBP Main Building
- Wear tangerine/orange color of uniform
- Includes the ff:
i. Those sentence to death
ii. Those whose minimum sentence is 20 years imprisonment
iii. Remand inmates whose sentenced are 20 yrs and above
iv. Those with pending cases
v. Recidivist, habitual delinquents, and escapees
vi. Those confined in RDC
viii. Those who are criminally insane or with disorders
b. Medium Security Prisoners
- Shall include those who cannot be trusted in less security areas
- Requires minimum supervision
- Occupies the Medium Security Prison, Camp Sampaguita
- Wear Blue color of uniform
- Includes the ff:
i. Those whose minimum sentence is less than 20 years of imprisonment
ii. Remand inmates whose sentenced are below 20 yrs.
iii. Those who are 18 yrs old and below
vi. Those who have two or more records of escapes
v. First offenders sentenced to life imprisonment.
c. Minimum Security Prisoners
- Shall include those who can be reasonably trusted to serve their sentences under
less restricted condition.
- They occupy the Minimum Security Prison, Camp Bukang Liwayway
- Wear Brown Color Uniform
- Includes the ff:
i. Those with severe physical handicap as certified by medical officer
ii. Those who are 65 years old and above w/o pending case and whose conviction
are not on appeal
iii. Those who have served ½ of their minimum sentence or 1/3 of their maximum
sentence, excluding GCTA
vi. Those who have only 6 months more to serve before the maximum of their
sentence end.

Please note that you are not limited to exclusively refer to this module.
Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary,
Self-Help: You can also refer to the sources below to help you further understand
the lesson:

 Bureau of Jail Management and Penology Operations Manual (2015). Retrived from:
https://www.bjmp.gov.ph/files/BJMP-OpnsManual2015.pdf
 History of BuCor (2012). Retrieved from: https://www.bucor.gov.ph/history.html
search.proquest.com etc. and other credible internet sources.
UNIT 3

Week 8-9: Unit Learning Outcomes (ULO): At the end of the unit, you are
expected to:

a. Describe the organizational mandate and structure of the Bureau of


Corrections under the RA 10575 and the minimum standards for
treatment of prisoners under the United Nations;
b. Identify circumstances in which preventive imprisonment and good
conduct time allowance will be implemented for inmates as well as
statutory provisions prescribing procedures in correctional
administration.
Big Picture A

Big Picture in Focus: ULOa. Describe the organizational mandate and structure
of the Bureau of Corrections under the RA 10575 and the
minimum standards for treatment of prisoners under the
United Nations
Metalanguage
In this section, the most essential terms in relation to the organizational structure
of the Bureau of Corrections will be defined:

 Republic Act 10575 – Otherwise known as ‘’The Bureau of Corrections Act of


2013’’.
 Safekeeping of National Inmates - Shall refer to the act that ensures the public
that national inmates are provided with their basic needs, completely
incapacitated from further committing criminal acts, and have been totally cut off
from their criminal networks while serving their sentence inside the premises of
the national penitentiary Jail.
 Reformation of National Inmates - Shall refer to the acts which ensure the
public that released inmates are no longer harmful to the community by becoming
reformed individuals prepared to live a normal and productive life upon
reintegration to the mainstream society.

Essential Knowledge
To perform the aforesaid big picture (unit learning outcome) for the two (2)
weeks of the course, you need to fully understand the following essential
knowledge that will be laid down in the succeeding pages of discussion.

R.A. 10575
It was signed into law by Pres. Benigno S. Aquino III on May 24, 2013.
Mainly seeks to provide for the modernization, professionalization and restructuring
of the BuCor by upgrading the level of qualifications of their personnel and
standardizing their base pay, retirement and other benefits. It mandates BuCor to
implement a rationalized system of promotion and performance evaluation system
in coordination with the CSC.

Provided that the Bureau of Corrections (BuCor) shall be headed by a


Director who shall be assisted by 3 Deputy Directors: 1 for administration, 1 for
security and operations and 1 for reformation, all of whom shall be appointed by
the President upon the recommendation of the Sec. of the DOJ: Provided, that the
Director and the Deputy Directors shall serve a tour of duty not to exceed 6 years
from the date of the appointment except if extended in times of war or other
national emergencies.

Mandates:

Safekeeping of National Inmates


Also includes protection against illegal organized armed groups which
have the capacity of launching an attack on any prison camp of the national
penitentiary to rescue their convicted comrade or to forcibly amass firearms issued
to prison guards.
Security of the inmates shall be undertaken by the Custodial Force
consisting of Corrections Officers with a ranking system and salary grades similar
to its counterpart in the BJMP.

Reformation of National Inmates


a. Moral and Spiritual Program
b. Education and Training Program
c. Work and Livelihood Program
d. Sports and Recreation Program
e. Health and Welfare Program
f. Behavior modification program, to include Therapeutic Community

BUREAU OF CORRECTIONS

Corrections Technical Officers


Are personnel employed in the implementation of reformation programs and
those personnel whose nature or work require proximate or direct contact with
inmates. It include priests, evangelists, pastors, teachers, instructors, professors,
vocational placement officers, librarians, guidance counselors, physicians, nurses,
medical technologists, pharmacists, dentist, therapists, psychologists, psychiatrists,
sociologists, lawyers and similar professional skills relevant to the implementation of
inmate reformation programs.

Facilities
a. Dormitory
b. Administration building
c. Hospital/Infirmary
d. Recreation/Multipurpose hall
e. Training/Lecture Center
f. Perimeter/Security Fences
g. Workshop facility
h. Mess hall/kitchen
i. Visiting Area
j. Water tank and pump
k. Reception and Diagnostic Center
l. Service personnel facilities

Qualifications Standards in the Appointment of the BuCor Personnel


1. A citizen of the Republic of the Philippines
2. A person of good moral character
3. Must have passed the psychiatric, drug and physical test for the purpose of
determining his/her physical and mental health
4. Must possess a baccalaureate degree from a recognized learning institution
5. Must possess the appropriate civil service eligibility
6. Must not have been dishonorably discharged or dismissed for cause from
previous employment
7. Must not have been convicted by final judgment of an offense or crime involving
moral turpitude
8. Must be at least 1.62 m in height for male, and 1.57m for female: Provided that a
waiver for height and age requirement may be granted to applicants belonging to
cultural communities: Provided further, that a new applicant must not be less than
21 or more than 40 years of age

Qualifications Standards in the Appointment of the BuCor Personnel


It shall be continuing in character. Absence of any one of them at any
given time shall be ground for separation or retirement from the service. Those who
are already in service upon the effectivity of RA 10575 shall be given 5 years from
the date of effectivity to obtain the minimum educational qualification and eligibility
with subsidiary assistance.

Organizational Structure
Key Positions
1. Undersecretary – The Head of the BuCor, shall have the position and title of
Director General of Corrections.
2. Assistant Secretary – The second officers in command of the BuCor, shall have
the position and title of Deputy Directors of Corrections
3. Chief Superintendent – The third officer in command of the BuCor, shall have the
position and title of Corrections Chief Superintendent
4. Senior Superintendent – the fourth officer in command of the BuCor, shall have
the position and title of Corrections Senior Superintendent.
5. Superintendent – the fifth officer in command of the BuCor, shall have the
position and title of Corrections Superintendent

b. Directorates
1. Directorate for Reception and Diagnostic (DRD)
2. Security and Operations Directorates
3. Reformation Directorates
4. Directorate for External Relations (DER)
5. Administrative Directorates

c. Custodial Force and Reformation Personnel


- Shall be in charge for the security and the implementation of the recommended
inmate reformation program of each and every inmate while serving sentence.
Rank Classification of Custodial Personnel
1. Corrections Chief Superintendent
2. Corrections Senior Superintendent
3. Corrections Superintendent
4. Corrections Chief Inspector
5. Corrections Senior Inspector
6. Corrections Inspector
7. Corrections Senior Officer IV
8. Corrections Senior Officer III
9. Corrections Senior Officer II
10. Corrections Senior Officer I
11. Corrections Officer III
12. Corrections Officer II
13. Corrections Officer I

Corrections Technical Officers Rank


1. Corrections Technical Senior Superintendent
2. Corrections Technical Superintendent
3. Corrections Technical Chief Inspector
4. Corrections Technical Senior Inspector
5. Corrections Technical Senior Officer IV
6. Corrections Technical Senior Officer III
7. Corrections Technical Senior Officer II
8. Corrections Technical Senior Officer I
9. Corrections Technical Officer III
10. Corrections Technical Officer II
11. Corrections Technical Officer I

THE NELSON MANDELA RULE

UN Standard Minimum Rules for the Treatment of Prisoners


The Standard Minimum Rules for the Treatment of Prisoners were first
adopted in 1957, and in 2015 were revised and adopted as the Nelson Mandela
Rules. The Standard Minimum Rules are often regarded by states as the primary – if
not only – source of standards relating to treatment in detention, and are the key
framework used by monitoring and inspection mechanisms in assessing the
treatment of prisoners.

The 122 Rules cover all aspects of prison management and outline the
agreed minimum standards for the treatment of prisoners – whether pre-trial or
convicted. They are supplemented by the UN Bangkok Rules on women prisoners.

The Rules give guidance on all aspects of prison management, from


admission and classification to the prohibition of torture and limits on solitary
confinement. There is guidance on healthcare, recruitment and training of prison
staff, as well as disciplinary sanctions. PRI’s Short Guide to the Rules gives an
overview of the Rules.

The Rules are known as the ‘Nelson Mandela Rules’ to honour the legacy of
the late President of South Africa, ‘who spent 27 years in prison in the course of his
struggle for global human rights, equality, democracy and the promotion of a culture
of peace’. The revised Rules were adopted unanimously by the UN General
Assembly (UN-Doc A/Res/70/175) on 17 December 2015.

To see the full transcription of the Rules you can download here:
https://www.unodc.org/documents/justice-and-prison-
reform/Nelson_Mandela_Rules-E-ebook.pdf.

Please note that you are not limited to exclusively refer to this module.
Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary,
Self-Help: You can also refer to the sources below to help you further understand
the lesson:

 Bureau of Correction Facilities (2012). Retrieved from: https://www.bucor.gov.ph/


 Bureau of Correction Organization (2012). Retrieved from: https://www.bucor.gov.ph/
 Nelson Mandela Rule (2015). Retrieved from: https://www.unodc.org/documents/justice-and-
prison-reform/Nelson_Mandela_Rules-E-ebook.pdf.
search.proquest.com etc. and other credible internet sources.
Big Picture B

Big Picture in Focus: ULOb. Identify circumstances in which preventive


imprisonment and good conduct time allowance will be
implemented for inmates as well as statutory provisions
prescribing procedures in correctional administration.

Metalanguage
In this section, the most essential term in relation to the application of preventive
imprisonment and good conduct time allowance will be defined:

 Preventive Imprisonment – The practice of incarcerating accused individuals


before trial on the assumption that their release would not be in the best interest of
society—specifically, that they would be likely to commit additional crimes if they
were released. Preventive detention is also used when the release of the accused
is felt to be detrimental to the state’s ability to carry out its investigation.

Essential Knowledge
To perform the aforesaid big picture (unit learning outcome) for the two (2)
weeks of the course, you need to fully understand the following essential
knowledge that will be laid down in the succeeding pages of discussion.

The following are the different statutory provisions related to correction

A. PREVENTIVE IMPRISONMENT
Not all persons who have pending trials of criminal cases must be detained
since accused person has the constitutional and statutory rights to bail. So,
persons may be committed to jail pending trial are those charged with capital
offenses with non-capital offense who have failed to post bail; and those charge
with capital offense and the evidence of guilt is strong. The detention of these
persons pending trail is known as preventive imprisonment.

Period of preventive imprisonment deducted from term of imprisonment


Offenders or accused who have undergone preventive imprisonment shall
be credited in the service of their sentence consisting of deprivation of liberty, with
the full time during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being informed of the effects
thereof and with the assistance of counsel to abide by the same disciplinary rules
imposed upon convicted prisoners.

Persons not qualified under the law


a. When they are recidivists, or have been convicted previously twice or more
times of any crime; and
b. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.

Credits in case the Detainee does not agree


If the detention prisoner does not agree to abide by the same disciplinary
rules imposed upon convicted prisoners, he shall do so in writing with the
assistance of a counsel and shall be credited in the service of his sentence with
four-fifths of the time during which he has undergone preventive imprisonment.

Credit for preventive imprisonment for the penalty of reclusion perpetua


shall be deducted from thirty (30) years. Whenever an accused has undergone
preventive imprisonment for a period equal to the possible maximum imprisonment
of the offense charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to the continuation
of the trial thereof or the proceeding on appeal, if the same is under review.

B. GOOD CONDUCT TIME ALLOWANCE

RA 10592
“ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this Code,
or of any convicted prisoner in any penal institution, rehabilitation or detention
center or any other local jail shall entitle him to the following deductions from the
period of his sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;

“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;

“3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behavior
during detention;

“4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and

“5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each month
of study, teaching or mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”

C. SPECIAL TIME ALLOWANCE FOR LOYALTY


RA 10592
“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of
his sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, gives himself up to the authorities within 48 hours following
the issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated
in Article 158 of this Code.

“This Article shall apply to any prisoner whether undergoing preventive imprisonment
or serving sentence.”

Authority to Grant Good Conduct Allowances


RA 10592
“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of
the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the Warden of a provincial, district, municipal or city jail shall grant allowances
for good conduct. Such allowances once granted shall not be revoked.”

D. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER


JUDICIAL AUTHORITIES

Art. 125, RPC. Delay in the delivery of detained persons to the proper judicial
authorities. – The penalties provided in the next preceding article shall be imposed
upon the public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial authorities within the
period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or
their equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or
offenses punishable by afflictive or capital penalties, or their equivalent. In every case,
the person detained shall be informed of the cause of his detention and shall be
allowed, upon his request, to communicate and confer at any time with his attorney or
counsel.

E. DELIVERY OF PRISONERS FROM JAIL

Article 156 of the Revised Penal Code provides:


Art. 156. Delivering prisoners from jails. —The penalty of arresto mayor in its
maximum period to prison correccional in its minimum period shall be imposed upon
any person who shall remove from any jail or penal establishment any person
confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. or other means are used the penalty of arresto mayor shall be
imposed. If the escape of the prisoner shall take place outside of said establishments
by taking the guards by surprise, the same penalties shall be imposed in their
minimum period.
2 ways of commission:
1. By removing a person confined in any jail or penal establishment
2. By helping such a person to escape.

F. EVASION OF SERVICE OF SENTENCE


Elements of evasion of service of sentence are: (1) the offender is a convict by final
judgment; (2) he "is serving his sentence which consists in deprivation of liberty"; and
(3) he evades service of sentence by escaping during the term of his sentence. This
must be so.
Please note that you are not limited to exclusively refer to this module.
Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary,
Self-Help: You can also refer to the sources below to help you further understand
the lesson:

 Republic Act 10592 (2013). Retrieved from:


https://www.officialgazette.gov.ph/2013/05/29/republic-act-no-10592/
 Act No. 3815 (2012). Retrieved from: https://www.officialgazette.gov.ph/1930/12/08/act-no-
3815-s-1930/
search.proquest.com etc. and other credible internet sources.

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