CHAPTER 1

DEFINITION OF TERMS

DEFINITION OF TERMS

1: CORRECTIONS

 A branch of the administration of the criminal justice system

concerned with the responsibility for the custody, supervision and
rehabilitation of convicted offenders.
 It is the fourth and it is considered to be weakest pillar of the
criminal justice in the Philippines
 It is considered to be the weakest pillar because of failure to
deter individuals in committing crimes as well as the reformation
of criminal offenders

2: CORRECTIONAL ADMINISTRATION

 Study of practice in systematic management concerned with the

custody ,treatment and rehabilitation of criminal offenders.

3: CORRECTION AS A PROCESS

 Refers to the reorientation of the criminal offender to prevent him

or her from repeating his deviant (abnormal) or delinquent
(criminal, felonious, wrong) actions without the necessary of
taking punitive actions but rather the introduction of individual
measures of reformation.

4:CLASSIFICATION
 It is a method by which diagnosis ,treatment ,planning and
execution of treatment program are coordinated in individual case

 This of these refers to the assigning or grouping of offenders

according to their sentence, gender, age, nationality, health,
criminal record, etc.

5: CRIMINAL JUSTICE SYSTEM

 It is the machinery used by a government to protect the society

against criminality and other peace and order problems.

6: CUSTODY- Guarding and penal safe keeping

 The maintenance of care and protection accorded to people who by
authority of law are temporarily incarcerated (confined, imprison,
locked up.. ) for violation of laws and also those who were
sentenced by the court to serve judgment.

7: CONTROL

 Control involves supervision of prisoners to insure punctual and

orderly movement to and from the dormitories ,place of
work ,church, hospitals recreational facilities ,in accordance with
the daily schedules .
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8: COUNSELLING

 It Is defined as a relationship in which one endeavors to help

another and solve his problem of adjustment it is distinguished
from advice and admonition in that it implies mutual consent .

9: CASE WORK

 In correctional work includes the professional service rendered by

professionally trained personnel in the description and social
treatment of offenders .

10: CON TRABAND

 Is anything found in the possession of the prisoner contrary to

rules and regulation

11: DISCIPLINE

 It has also been defined as a continuing state of good order and

behavior

 It includes the maintenance of good standards of

work ,sanitation ,safety, education, personal health and
recreation.

12:INSTITUTION-BASED CORRECTION PRACTICES

 Offenders found guilty and sentenced by the Courts for confinement

are categorized based on their length of sentence into either a
municipal ,city ,provincial or national prisoner facilities based
on these categorizations

13; DIVERSIFICATION

 The principle of separating homogenous type of prisoners that

requires special treatment and custody .

14: IMPRISONMENT

 The process putting of offenders in prison for the purpose of

protecting the public and at the same time rehabilitating them by
requiring the latter to undergo institutional treatment Program

15: MORALE

 Is the mental condition of individuals or group regarding

courage ,zeal, hope and confidence in the present principle and way
of life

16: PENOLOGY

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  Is a term derived from the latin word POENA which means pain or
suffering

 Can be defined as the division of criminology that deals with the

prison management and treatment of offenders and concerned itself
with the philosophy and practice of society in its effort to
repress criminal activities

17:PUNISHMENT

 It is the redress that the state takes against an offending

members for the transgression of law .

18: PENALTY

 The suffering that is inflicted by the state for the transgression

of a law

19: PENAL MANAGEMENT

 It is the manner or practice or controlling places of confinement

like jails or prison

20; DETAINEE

A person accused before a court or competent authority who temporarily

confined in jail while undergoing investigation or waiting for final
judgment.

21: ESCAPE

 An act of getting out unlawfully from confinement or custody by an

inmate

22: INMATE

 It refers to either a prisoner or detainee confined in jail

23: PRISONER

 An inmate who was convicted by final judgment and classified as

insular ,city or Municipal .

24: MITTIMUS

 A warrant issued by a court bearing it seal and signature of the

judge ,directing the jail or prison authorities to receive inmates
for custody or service of sentence imposed therein

25: COMMITMENT ORDER

 A written order of the court or any other competent authority

consigning an offender to jail or prison for confinement

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26: SAFE KEEPING

 The temporary custody of a person for his own protection .safety

or care and his security from harm ,injury

 shall refer to the act that ensures the public (including families
of inmates and their victims) 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 (or contacts in the free society) while serving
sentence inside the premises of the national penitentiary.

 This act 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.

27; SUBSIDIARY IMPRISONMENT

 It is the penalty of imprisonment in substitution of the pecuniary
penalty of fine which the accused could not pay or satisfy because
of his insolvency which is computed at the rate of one day for
eight pesos which he could not pa
28: INSOLVENT

 A convicted offender who cannot pay a fine that is imposed upon him

29; INSTRUMENT OF RESTRAINT

 A device contrivance ,tool, or instrument use to hold back ,keep in

check or control an inmate ,e.g handcuffs, leg irons

30: OPERATION GREYHOUND

 Operation conducted by the BJMP wherein prisoner may be checked at

any time ,His beddings ,lockers and personal belongings may be
opened at any time .in his presence ,whenever possible

31: CONJUGAL VISIT

 A privilege of a married male prisoner is visited by his wife and

they are granted time for their marital sexual obligation
 Refers to the visit by the wife for a short period usually an
hour ,more or less ,to her incarcerated husband during which they
are allowed privacy and are generally understood to have sexual
contact

32: HALF WAY

 These are group homes designed to help institutionalized people
adjust to life in the outside community

33; CARPETA

 Inmate record or jacket ,it contains the personal and criminal

records of the inmate.
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34; STRIP SEARCH

 A practice of searching a person for weapons or other contraband

suspected of being hidden on their body or inside their
clothing ,and not found by performing a frisk search ,by requiring
the person to remove some or all of his or her clothing .the search
may involve an official performing an person search and
inspecting their personal effects and body cavities
(mouth,vogina,anus etc) A strip search is more intrusive than a
frisk and requires legal authority .Regulations covering strip
searches vary considerably ,and may be mandatory in some situations
or discretionary in others .
35; SHAKE DOWN

 Examination of an inmate for contraband before admission

36; CONVICTION

 (Criminal law) a final judgment of guilty in a criminal and

punishment that is imposed

37; CONVICTION. GUILTY VERDICT

 An act finding some body guilty of a crime ,or an instance of being
found guilty

38: REHABILITATION

 The task of changing an offenders ‘s attitude so that he or she may

not be commit Another crime in the future

39: REINTEGRATION

 This refers to phase reentry into society rather than the usual
abrupt re- entry at the end of a prison sentence

40: QUASI RECIDIVIST

 Any person who shall commit a felony after having been convicted by
final judgment before beginning to serve such sentence or while
serving the same ,shall be punished by the maximum period of the
penalty prescribed by law for the new felony.

41: HABITUAL CRIMINAL

 A person is deemed to be a habitual criminal if within the period
of 10 years from the date of his released or last conviction of the
crime of serious or less serious physical injury ,robbery ,theft
estafa or falsification ,he is found guilty of any of said crimes a
third time or oftener

42: RECIDIVIST

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  One who at the time of his trial for one crime shall have been
previously convicted by final judgment of another crime embraced in
the same title of the Revised Penal code)

43: REFORMATION
 It shall refer to the acts which ensure the public (including
families of inmates and their victims) that released national
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.

44; SHOT DRILL

 One form of punishment inflicted on prisoners ,which simply
involved carrying heavy loads from one place to another and then
returned to the same place over and over again every day

45: TREADMILL
 Another method devise used to make the prisoner suffer where the
prisoner is continually made to continually climb stairs .Prisoners
are made to climb this treadmill continually during the day time
with prisoner logging up into 14,ooo feet of stairs per day or the
equivalent of three to four stiff mountains climbed per day

46. Work released program

 A procedure in which a prisoner may be authorized to work at
private employment in the community during daytime and return to
the institution at night and weekends
 The work released program was first undertaken in Wisconsin in 1913
for misdemeanants by virtue of now widely known Huber law.

47. Sursis.
 France and Belgium which introduced probation in 1888 and
1891 ,respectively adopted what was known as sursis or the
conditional or suspended sentence in the sense that a fixed
sentence was given but the actual prison committal was suspended
with the condition that no further offense was committed within a
prescribed period .

48. furlough-
 is defined as an authorized absence from a prison by an inmate who
can be escorted or unescorted
49. Proselytizing
 an attempt to convert someone from one religion to ,belief or
opinion to another.

50. Escape prone inmate

 are inmates who are likely and have tendency to escape from jail
facility

51. High risk inmate

 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 of or have propensity for being trouble makes or

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 initiators of jail riots and disturbance and who require a high
degree of control and supervision

52. High profile inmate

 Those who require increase security based on intense
media ,coverage or public concern as a result of their offense such
as but not limited to those who have been involve in a highly
controversial or sensational crime or those who become prominent
for being a politician ,Government official ,multi million
entrepreneur ,religious or cause oriented group leader and movie or
television personality .

53. High value target (HVT)

 a target either a resource or a person who may either be an enemy
combatant ,high ranking official or a civilian in danger of capture
or death ,typically in possession of critical intelligence, data,
or authority marked as an objective for a mission and which a
commander requires for successful completion of the same

54. Medium risk inmate

 Those who represent a moderate risk to the public and staff. These
inmate still require greater security ,control and supervision as
they might escape from and might commit violence inside the jail

55. Minimum risk inmate

 Those inmate who have lesser tendencies to commit offenses and
generally pose the least risk to public safety. In most cases ,they
may be first time offenders and are charged with light offense

56. illegal contraband

 Are those that are unlawful in themselves and not because of some
extraneous circumstances (dangerous drugs ,weapons, potential
weapons explosives )

57. Nuisance contraband

 Are those that may not be classified as illegal under the
Philippines law but are forbidden by jail rules I.E
cellphone ,money or other commodities of exchange such as jewelry,
appliances

58. Penology
 Branch of criminology dealing with jail management and
administration of inmates

59. Pat/frisk search

 Is a search wherein the officer pats or squeeze the subject
clothing to attempt to detect contraband

60. Rub search

 Is a search wherein the officer rubs and /or pats or squeeze the
subject clothing ,but in a more intense and thorough manner .in rub
search .the genital, buttocks ,and breast(of females) areas are
carefully rubbed , areas ,which are not searched in in a frisk/pat

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 search rub search should not be conducted on cross gender
individuals

61. Strip Search

 Is a search, which involves the visual inspection of disrobed or
partially disrobed subject

62. Visual body cavity search

 Is a search which involved the inspection of the anus and /or
vaginal area ,generally requiring the subject to bend over and
spread the cheeks of the buttocks ;to squat and otherwise expose
bodily cavity orifice
63. SHOCK PROBATION OR SHOCK IMPRISONMENT
 It allows the sentencing judge to impose the legal sentence and
order incarceration
 Only to recall him after a brief, legislatively defined period of
imprisonment.
 To convince certain individuals who have never been imprisoned that
further criminal behavior is too risky.
64. SPLIT SENTENCING
The offender is actually sentenced to a term in prison but is notified
in advance that, after a given brief period of satisfactory behavior, he
can serve the remainder of his sentence in probation.

65. Bench Probation

 Sometimes also called court probation is an unsupervised
probation .this means that, although the special conditions imposed
by the court are still in effect and you have to abide by them you
do not have to report to a parole /probation officer

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 CHAPTER 11

BASES OF CORRECTION

Any administrative or management position in the prison or jail is

likely to be very challenging and frustrating ,prisons and jails are
complex organizations that have to operate in a cost effective manner
with a greatly outnumbered staff and an endless stream of violent and
dangerous inmate

To succeed ,prison or jail administration must have clear cut policies

and procedures ,crystal clear lines of communication that transmit
unequivocal expectations access to budgetary resources ,a fair and
efficient inmate disciplinary process and most of all the ability to
recruit ,hire train and retain good quality staff .the staffing function
is perhaps the most important because staff can undermine all the other
functions

Concept of correctional administration

Correctional administration is the organization and management of

delivery system that brings the basic necessities and treatment programs
of the correctional institutions or agencies to the correctional client

Correctional management is concerned primarily with making use of

available ,manpower and resources to implement programs ,thus ,most of
the managements .time is spent on activities within the
organization .managers are responsible primarily for implementing policy
and for day to day planning so their positions tend to be less political

Middle management level is normally concerned with managing the delivery

of one or more services which may be organized into departments or
divisions .a major function of middle managers is the development of
intermediate plans. They also implement rules and regulations .maintain
records ,supervise subordinate supervisors ,periodically evaluate
personnel ,account for unit resources (funds ,property and equipment)
process grievances

Supervisory manager or first level supervisor of employees is the lowest

level of correctional administration .they are responsible for the day
to day operations of specific areas within organizational unit .they
make first level job assignments, maintain close contact with
operational employees ,make detailed and short range operating
plans ,provide counseling ,motivation, control and training to employees
,and implement agency policies ,rules and regulations at the employee
level .in short, they translate organizational policy ,goals and
objective into action

Line or field correctional supervisors are not normally designated as

part of administration and management .however ,they exercise legal
supervisory authority over members of an offender population .this
positions must carry out all of the administrators wishes, interpreting
and applying institutional policy planning organizing and supervising
inmate activities and work functions .ensuring ,maintenance of the

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physical plant and equipment ,avoiding circumstances that might lead to
litigation ,engaging in decision making and so on .these workers are the
point of organization ,the effectiveness of the organization is closely
linked to their performance .

Foundation of correctional administration

Penology – is the study of punishment for crime or of criminal

offenders. It includes the study of control and prevention of crime
through punishment of criminal offenders .it is a term derived from the
latin word Poena which means pain or suffering

Penology – is also otherwise known as penal science .it is actually a

division of criminology that deals with prison management and the
treatment of offenders and concerned itself with the philosophy and
practice of society in its effort to repress criminal activities

Its principal aim are

1. To bring on the ethical barriers of punishment .along with the
motives and purposes of society inflicting it
2. To make a comparative study of penal laws and procedures through
history between nations
3. To evaluate the social consequences of the policies enforced at a
given time
The term penology was changed to correction due to its harsh
connotation .thus ,penal management is also changed to correctional
administration to mean the manner or practice of managing or controlling
places of confinement ,as in jails or prisons ,including
custody,treatment,and rehabilitation of criminal offenders ,penology is
short for the 19th century phrase penitentiary science or the science of
corrections .the term for the ability to be technically proficient at
the processing of incarcerated offenders .the difference is that
penology mainly looks at what needs to go inside a prison to keep it
functioning .and correctional science mainly looks at the effectiveness
and efficiency of the whole correctional apparatus or the correctional
subsystem component of criminal justice

Correction as process within a process

Correction is a branch of the criminal justice system concerned with

the custody ,supervision and rehabilitation of criminal offenders.it is
the field of criminal justice administration .which utilizes the body
knowledge and practices of the government and the society in the general
involving the processes of handling individuals who have been convicted
of offenses for purposes of crime prevention and control

Correction as a process is the orientation of the criminal offenders to

prevent them from repeating their delinquent actions without the
necessity of taking punitive action. but rather an introduction of
individual , measures for reformation .

Criminal justice system

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The criminal justice system is the machinery of any government in the
control and prevention of crime and criminality .it is composed of the
five components or pillars law enforcement,,
prosecution, ,court, ,correction and the community pillar

Correction as one of the pillars of criminal justice is sometime

considered by scholars as the weakest pillars . this is so because of
its failure to deter individuals in committing crimes as well as the
reformation of inmates as evident by the increasing number of inmates

Correction is the fourth pillars of the criminal justice system .this

pillar takes over once the accused after having been found guilty ,is
meted out the penalty for the crime he committed .he can apply for
probation or he could be turned over to a non institutional or
institutional agency or facility for custodial treatment and
rehabilitation .the offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence

The Philippine Correction system has two approach in treating criminal

offenders

Either institutional based or non institutional based corrections

1. Institution based correction.

Refers to means of correcting individual by placing him\her to an

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

Government agencies that handle institutional correction

a. The bureau of jail ,management and penology (BJMP) under the

Department of local and interior Government
b. Local government Units –Provincial Jails which are under
supervision of Provincial Governors and
c. Bureau of corrections (Bucor) under the department of justice

2. Non institutional based correction

Non institution based corrections community based programs such as

probation, suspended sentence for the first time minor offenders, parole
and conditional pardon.

Government agencies that handle non institutional based correction

1. The parole and probations administration (PPA) headed by an

administrator
2. The board of pardon and parole (BPP) headed by the chairman
(secretary of Justice )
3. The Department of Social welfare and development (DSWD) with the
secretary as its head

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Function of corrections

1. Maintenance of institutions –such as prisons, jails ,halfway house

and other institutional facilities to a period of incarceration . a
clean surrounding can be of great help in the retention of stable
physical condition of every inmate inside an institution
2. Protection of law abiding members society
Incarceration of sentence offenders prevents them from preying on
other members of the community
3. Reformation and rehabilitation of offenders with the function of
assisting and guiding incarcerated offenders to be rehabilitated
until fully recovered and be prepared for their eventual
reintegration to mainstream of society after release
4. Deterrence of crimes –experience in prison the fear of isolation
and denial of liberty will influence inmates and potential
offenders to lead a law abiding life ,Hence ,they would rather not
commit any illegal act so as not to experience the said horrible
situations

CHAPTER 111
DEVELOPMENT OF MODERN CORRECTIONAL SYSTEM AND STANDARD

The function of correction serves to rehabilitate and neutralize the

deviant behavior of adult criminals and juvenile delinquents. This
component of the criminal justice system faces a three-side task in
carrying out the punishment imposed on the convicted offender by the
court, to deter, to inflict retribution, and rehabilitate. The components
of the correction effectuate their functions through different programs,
probation, commitment to an institution, and parole.

Prisons are a major stock in the moral order of the society. They
symbolize the ultimate instrument of punishment the state can wage
against those who renege on the social contract. Besides death,
imprisonment remains society’s most ominous response to the social
disorder. Include among the purposes of a civilized society are
maintenance of law and order and control of violence. To accomplish this
purpose, deviant individuals are isolated.

EARLY LEGAL SYSTEMS

There are three main legal system influencing around the world and have
been extended to and adopted by all countries aside from those that
produced them. In their chronological order ,they are
 Roman laws
 Mohammedan or Arabic laws
 Anglo American laws

Among the three ,it was Roman law that has the most lasting and most
pervading influence .the Roman private law (which include criminal
law )especially has offered the most adequate basic concepts which
sharply define in concise and inconsistent terminology ,mature rules and
a complete system ,logical and firm tempered with high sense of equity .

THE EARLY LEGAL CODES

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A: Babylonian and Sumerian codes
1. Code of Ur Nammu (ca 2050 BC) through archaeological diggings
scientist have acknowledged that the first law system in the world
belonged to the Mesopotamians ,specifically the Sumerians .one of
the most ancient legislator, Ur Nammu who was the ruler of the city
of Ur had a code detailing the punishments for witchcraft ,the
escapades of slaves and assaults

2. Code of Eshunna (ca 1930 BC) a Sumerian code which forbid accepting
money or object from the hand of the slaves or making loans (that is
,any transaction with slave )money lenders are likewise forbidden
from taking hostages whether free men or slaves

3. Code of Lipit Isthar (CA 1860 BC) a more popular version the
Sumerian law which chronicles the right of
citizens ,marriages ,successions ,property rights and penalties
4. Code of Hammurabi (1750 BC) –

 Emerged at about 1750 B.C. and was credited as the oldest code
prescribing a savage punishment

 It provides the first comprehensive view of the laws which is known

for its harsh and cruel penalties characterized by the law of
talion ,an eye for an eye ,tooth for a tooth

 the first formal law dealing with the concept of justice as Lex
Taliones “An Eye for an Eye and a Tooth for a Tooth”.

B: Roman and Greek Codes

1. Justinian Code

Roman Emperor Justin put this code into law in 529 AD and became
the standard law in all the areas occupied by the Roman Empire
particularly Europe. This code was a revision of the Twelve Tables
of Roman Law that originated about 500 BC stating every crime and
penalties for every offense listed in the said table.

2: Greek code of Draco

It is the code that that is considered the ultimate in

severity ,which was formulated by Draco ,an Athenian law giver known
for the severity of his punishments.
The code of Draco is a harsh code that provides the same punishment
for both citizens and slaves as it is incorporates primitive concept
(vengeance ,blood and feud ) they were the first society to allow
citizen to prosecute the offender in the name of the injured party

3: Code of Salon

The appointed archon in Athens who repealed all the laws of Draco
except the law on Homicide during his time

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 He was the one who first proposed that a law giver had to make laws
that applied equally to all citizens .He also saw that the law of
punishment had to maintain proportionality to the crime of which
offender were convicted.

4: the Twelve tables of Rome

It was written when Rome was in transition from being Kingdom to a

Republic .it is considered as the foundation of all laws in
Rome ,which was drafted by Decemvirs , a special commission of
patricians .

5: Institution of Justinian

 It is a review of the Roman laws organized by twelve experts

appointed by Emperor Justinian .

THE FRENCH CODE

Burgundian Code – (500 AD)

The code which specified punishment according to social class of the
offenders dividing then into Nobles ,Middle class and lower class
specifying the value of the life of each person according to social
class.

Code that introduced the concept of restitution but punishment was meted
according to the social class of the offenders. Offender had to pay the
specified value in order not to undergo physical sufferings as penalty.

The name of old Prison

a) Underground cisterns

 a form of prison used to detain offenders undergoing trial in some

cases and to hold sentences offenders where they were to be starved
to death.

b. Ergastulum

 Roman prison that was used to confine slaves where they were
attached to workbenches and forced to do hard labor in the period of
their imprisonment.

c. Maine State Prison

 underground facilities to incarcerate offenders contained cells in

the 4 pits similar to the underground cistern of long ago Rome that
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 were used to detain offenders undergoing trial in some cases and to
hold sentenced offenders where they will be starved to death. These
pits were entered through an iron gate in the ceiling during late
1828.

d. Connecticut State Prison

 Used a copper mine at Simsbury from 1773 to 1827 as prison

facilities wherein prisoners worked in the mines during the day and
then their ankles and necks were shackled during nighttime to
prevent escape.

e. Sing Sing Prisons

 Became famous or rather infamous all over the world and was plot of
many movies filmed because of the Sing sing bath which was inflicted
aside from the floggings, denial of reading materials and solitary
confinement. The shower bath was a gadget do constructed as to drop
a volume of water on the head of a locked naked offender. The force
of the icy cold water hitting the head of the offenders caused so
much pain and extreme shock that prisoners immediately sank into
come due to the shock and hypothermia or sudden drop of the body
temperature.

f. The Walnut Street Jail (1790)

 Originally constructed as a detention jail in Philadelphia, it was

converted into a state prison and became the first American
Penitentiary. It began the penitentiary system in the United States
when legislation was passed establishing the principle of solitary
confinement, strict discipline, productive work and segregation of
the more dangerous offenders.

g. Bridewell Institution in Bridewell, England –

 Established during the reign of King Edward VI, as a workhouse for
vagabonds, idlers and rogues. The Bridewell was a reform of some
sort over the traditional, already unworkable system of punishment.
Vagrants and prostitute were given work while serving their
sentence. After two centuries this system lost its usefulness due to
banishment of offenders to the colonies.

h. Mamertine /Carcere Mamertino –the oldest known prison can be traced

to the Ancient Rome’s series of dungeon .it was originally designed
as a reservoir for water

i. Le stinche prison –built in 1290 in Florence ,Italy, housed male

inmates separately from female inmates ,and also segregated inmates
by age,degree of sanity,and severity of offense

j. Chateau dif (Pronounce as Shat o deef) 1524 –fortress that was built
on the rocky islet of it ,2 miles off the French port of
Marseilles .in 1580 it was taken into use as a state prison for
those convicted of serious political and religious crimes.
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k. Maison d force (1627) – a house of correction in Ghen,Belgium which
separate adult from juveniles and women from men ,an innovation to
prison system during the 1600s

l. Hospice at san Michael (1727) built by Pope clement XI one of the

first prison that incarcerate juveniles rehabilitation

m. Devil’s island (Isle du Diable) 1852- the most notorious prison in

the world in terms of the harshness of its regime and position .the
island is situated in the atlantic off the coast of French Guina
(N.E. coastline of S America )and was in use from 1852 to 1946

1. 5th and 11th century

It is known as the century of dark ages wherein excessive and brutal

measures of social control imposed by the church

2. 13th century – securing sanctuary .

As early as 13th the century , A criminal could avoid punishment by

claiming refugee in a church for a period of 40 days but at the end
of which time has compelled to leave the realm by a road or path
assigned to him .In England at about 1468 torture as a form of
punishment become prevalent .

3. 16th and 17th centuries

The start of conceptualization or construction of workhouses and

houses of correction

4. 16th century

Transportation of criminals in England was authorized .which was

partially relieved overcrowding of prisoners. However transportation
was abandoned in 1835.

5. 17th century to late 18th century

Death penalty became prevalent as a form of punishment . Gaol or

jails were common and Galleys were also used.

a. Gaols other term for jails ,pre trial detention facilities

operated by English sheriff

b. Galleys- long ,narrow, single decked ships propelled by

sails ,usually rowed by criminals used for transportation of
criminals in the sixteen century

c. Hulk decrepit transport ,former warship used to house prisoner

in the eighteenth and nineteenth century .these were abandoned
warship converted into prisons as means of relieving congestion
of prisoners they were also called floating hells

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 6. The age of Enlightenment 18th century

It is the period of recognizing human dignity .it is the movement of

reformation ,the period of introduction of certain reforms in the
correctional field by certain person

Pioneers of correctional reform

1) Pope Innocent VIII (1487) – issued Papal Bull that allowed refugee
offenders to be driven out of the sanctuary if they used this for
committing crimes but half centuries later, many sanctuaries closed
and those still remaining have refused to accept offenders of
serious crimes such as rape, murder and robbery.

2) Pope Leo I – 440AD was the first Pope to fully expressed approval
for killing, otherwise human and divine law would be subverted.

3) Priscilian – 385 AD the first recorded Christian who was put to

death for being a heretic (Unorthodox) but death as capital
punishment was first used in 1022 in Orleans, France when thirteen
heretics were burned at the instigation of the church. Pope Innocent
II tried to wash his hands like a Pontius Pilate when it turned over
heretics to the secular authorities for proper punishment that
included death.

4) Pope Gregory IX – through his Papal Encyclical “Encommunicamus”

issued in 1231 that made part of the Canon Law the burning of non-
believers at the stake. He also initiated the Inquisition that led
to the burning of hundreds of heretics.

5) Pope Innocent IV – officially introduced torture to the Inquisition

procedure in 1252.

6) Pope John Paul II – reversed the practice of death as form of

punishment, Pro-Life Pope in his Encyclical Tertio Millenio
Adveniente, formally apologized to the past intolerance and use of
violence in the defense of truth and has challenged to break away
from the “culture of death”.

7) King Henry VII of England – he decreed corporal punishment for

vagrants in 1531 and penal slavery in 1547 to depend the interests
of the still dominant landlord class.

8) Alexander Solshenitsyn – a political prisoner who popularized

banishment is the Gulag Archipelago in a novel.

Penal Code of Russia (1845) – punishes offenders to hard labor of four

years to life. Fortunate prisoners sentenced to hard labor were destined
to the factories or construction of fortresses. Sentences to labor in the
mines were the unluckiest of the destinations.

17
2 Distinct Benefits of Banishment

1. It allowed the transporting country to colonize distant lands such

as Australia, Canada, Africa and all other far-flung colonies.
2. It reduced number of criminals and the concomitant reduction of
criminality in the country of origin.

Aside from banishment and hard labor offenders were also sentenced to
provide hard labor for public works including the building of military
fortifications and as a result of these developments, Spaniards also
built fortifications in the Philippines and that includes Fort Santiago
in Manila and Fort Del Pilar in Zamboanga.

Jail Penitentiary: Concept

The term penitentiary came from the Latin word “Paenitentia” meaning
penitence, and was coined by an English prison reformer, John Howard. It
referred to a place where crime and sin may be stoned for and penitence
produced.

given the work. Silence was also enforced. “Sentenced to Solitary

Confinement at Hard Labor”
In Europe ,several penal administrators can be mentioned as among those
who contributed to progressive development of the reformatory system

1. Manuel Montesinos- director of the prison of Valencia ,Spain ,in

1835 ,divided prisoners into companies and appointed prisoners as
petty officers in charge. Academic classes of one hour a day were
given all inmates under 20 years of age.

2. Domet of France- established and agricultural colony for delinquents

boys in 1839 .The boys were housed in cottages with house fathers as
in charge. the system was based on re education rather than
force .when discharged the boys were placed under supervision

3. Alexander Maconochie-

 Superintendent of penal colony at Norfolk Island in Australia who

introduced the Mark system ,which become the predecessor of good
conduct and time allowance and the parole system .A system in which
the prisoner is required to earned a number of marks based on
proper department ,labor and study in order to entitled him for a
ticket of leave or conditional released which is similar to parole

Maconochie introduced several other progressive measures which

aimed at rehabilitating prisoners He introduced fair deciplinary
trials ,but churches, distributed books, allowed plays to be
staged ,and permitted prisoners to tend small gardens .for his
progressive administrations of prisoners .Maconochie should be
considered one of the fathers of modern penology.

4. Sir Walter Crofton- Chairman of the directors of Irish Prison .IN

1856, Crofton introduced the Irish system ,latter called the
progressive stage system .

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 a) The first stage of the Irish system was solitary confinement
for nine months at a certain prison .the prisoners at this
stage were given reduced diet and allowed monotonous work .the
prisoner progress to a more interesting work,some education,and
better treatment toward the end of first stage.

b) The second stage was an assignment to the public works at Spike

Island .the prisoner worked his promotions through a series of
grades according to a mark system ,and wore a badge of
distinction to show his status
c) In the third stage the prisoner was sent to lurk or Smithfield
which was a sort of preparation for release .here the prisoner
work without custodial supervision and was expose to ordinary
temptation of freedom.
d) The final stage was the release on supervision under conditions
equivalent to present day parole.

5. In 1876, the New York state reformatory at Elmira opened with Z. R.

Brockway introduced in Elmira a New institution program for boys
from 16 to 30 years of age .like the following :
a) Training school type
b) Education of prisoners
c) Casework methods
d) Extensive methods
e) Indeterminate sentence

 the new prisoner was classified as second grade and was promoted
to first grade after six (6) months of good behavior Another six (6)
months of good behavior in the first grade qualified him for
parole. If the prisoner committed a misconduct he was demoted to
third grade where he was required to show good conduct for one month
before he could be reclassified to second grade.

Elmira Reformatory

 The Elmira Reformatory is considered as the forerunner of modern

penology because it had all the elements of a modern correctional
system, among which were a training school type, that is, compulsory
education; case work method; and extensive use of parole based on
the indeterminate sentence. This was the first penal institution to
remodel its penal philosophy away from punitive and retributive
practices and veered them towards reformation and treatment.
Educational and vocational were imparted to the prisoner as a way to
treat his lack of life skills to survive according to the rules of
outside society. Parole also started in Elmira Reformatory, after
12-month of good conduct prisoner, he was eligible for parole.

6. Sir Evelyn Ruggles Brise – was the Director of English Prisons who
opened the Borstal Institution after visiting Elmira Reformatory in
1897, such as Borstal Institutions are today considered as the best
reform institutions for young offenders. This system was based
entirelty on the individualized treatment.

19
 7. John Howard –

known as the Father of Penitentiary. Sheriff from Bedfordshire,

England who exercised the traditional but neglected responsibility
of visiting the local prisons and institutions. He was shocked by
what he saw, especially when he learned that the keepers were paid
no regular salary but depended upon extracting a living from the
prisoners; secondly, that large number of persons who had been
discharged by the grand jury or acquitted at their trials were still
detained owing to the fact that they had been unable to pay their
discharge fees. For every prison inspected, he put into records
important details he observed, wrote and published a book that
started the interest of reformers in English society. Many of his
landmark recommendations were incorporated into the Penitentiary Act
of 1779 and adopted as standard procedure in the first modern prison
constructed in 1785 on Norfolk, England. It was not until 1842 that
Howard’s idea of penitentiary was given recognition.

CHAPTER 1V

PUNISHMENT AND DESCIPLINE ,PECUNIARY AID TO INMATE ,AND INMATE ‘S

SERVICE

DEFINITION OF PUNISHMENT-

 the general concept of punishment is that it is the infliction some

sort of pain on the offender for violating the law .this definition is
not complete in the sense that it does not mentioned the condition under
which punishment is administered or applied ,in the legal sense ,it is
more individual redress or personal vengeance ,Punishment, therefore ,is
defined as the redress that the state takes against an offending member.

JUSTIFICATION OF PUNISHMENT

The theories or justification of punishment vary from one stage of

civilization to another .the most common justification of punishment are
retribution ,expiation or atonement, deterrence, protection and
reformation.

1. Retribution-

In primitive days punishment of the transgressor was carried out in the

form of personal vengeance .Since there were no written laws and no
courts .the victim of a crime was allowed to obtain his redress in the
way he saw fit .often times the retaliatory act resulted to infliction
of greater injury or loss than the original crime, so that the latter
victim was perforce afforded his revenge. Punishment therefore became an
unending vendetta between the offender and the victim .latter .an
attempt was made to limit retaliation to the degree of injury
inflicted ,thus the philosophy of eye for an eye evoked.

2. Expiation- or Atonement-

20
this theory or justification of punishment was also advocated during the
prehistoric days .As population increased .the social group become more
complex A sort of common understanding and sympathetic feeling develop
in the group .An offense committed by a member against another member of
the same clan or group aroused the condemnation of the whole group
against the offending member .the group would therefore demand that the
offender be punished .when punishment is exacted visibly or publicly for
the purpose of appeasing the social group, the element of expiation is
present. Expiation therefore is group vengeance as distinguished from
retribution which is personal vengeance.

3. Deterrence-

It is commonly believed that punishment gives lesson to the

offender ;that it shows other what would happen if they violate the law
and that punishment hold crime in check .this is the essence of
deterrence as a justification for punishment .

 Becarria

An exponent of the classical school of criminology and whose writings at

the end of the 18 century renovated the punitive justice system of
Europe contended that the intent of punishment should not be to torture
the criminal or to undo the crime but to prevent others from committing
a like offense.

4. Protection-

Protection as a justification of punishment came after prison were fully

established .People believe that by putting offender in prison society
is protected from his further criminal depredation. If this were
so ,vicious and dangerous criminal should be made to serve long terms of
imprisonment .Recidivism and habitual delinquency laws are expected to
attend this ends.

5. Reformation-

this is the latest justification of punishment .under this theory

society can best be protected from crime if the purpose of imprisonment
is to reform or rehabilitate the prisoner .Advocates of this theory
contend that since punishment does not deter ;in as much as imprisonment
does not protect society from further commission of crime because the
greater portion of the criminal population is at large and because
prisoners stay in prison for a short time ,from 3 to 5 years only
society interest can best be served by helping the prisoner become a law
abiding and productive citizen upon his return to the community by
making him undergo an intensive program of rehabilitation in prison.

TRENDS OF PUNISHMENT

The principal trends of punishment are in the development of exemptions

1. pardon and

21
 2. commutation; decline in the severity of punishment ;the growth of
imprisonment and its modifications ;
3. good conduct and time allowance,
4. indeterminate sentence
5. ,suspended sentence and
6. probation ,conditional release
7. parole, short sentences and
8. fines

EXEMPTIONS FROM PUNISHMENT

The bases of exemption are usually

1. social
2. Absence of mens rea (that is absence of guilty mind or unlawful
intent)
3. Age of the offender
4. The mental condition of the offender.

ANCIENT FORMS OF PUNISHMENT (DCSB)

The form of punishment in primitive society

1) Death penalty

It is done by burning ,be heading ,hanging garroting, breaking at the

wheels ,crucifying, strangling, stoning feeding to the wild animals and
other forms of mediaval executions

 Garrote-
It is an iron collar attached upon a scaffold where the condemned person
is seated on an improvised chair with both hands and feet tied and the
neck clamped by the iron collar ,which is slowly tightened until the
condemned person dies.

 Guillotine
It is device duded for beheading condemned persons developed by
Dr.Joseph Ignacio Guillotine a member of the French National assembly

 Musketry/Firing squad
The condemned person is blindfolded with hands tied at the back and shot
in public by a firing squad composed of several shooters

2) Corporal punishment/physical torture –

It is done by maiming ,mutilation, whipping (flogging) and other

inhumane or barbaric forms of inflicting pain

 Flaying
It is also known as skinning or the removal of skin from the
body ,generally ,an attempt to keep the removed portion of skin intact

3) Public humiliation and shaming

22
were effected by the use stocks and pillory ,docking
stool ,branding ,shaving off the hair. Etc.

 Pillory-
it is wooden frame with tree holes that clamps the head and arms of the
offender while he stood before the public

4) Banishment or exile –

sending or putting away an offender which was carried out either by

prohibition against coming into specified territory ,for over ten years
the person will be exiled and this is derived from the vote of citizens

RECENT/CONTEMPORARY FORMS OF PUNISHMENT

1) Imprisonment

Putting offenders in a prison for the purpose of protecting the public

and at the same time rehabilitating them by undergoing institutional
treatment programs.

2) Parole –

is defined as a procedure by which prisoners are selected for release on

the basis of individual response and progress within the correctional
institution and a service by which they are provided with necessary
guidance as they serve the remainder of their sentence in the free
community.

3) Probation

it is a procedure under which a defendant found guilty of a crime is

release by the court without imprisonment subject to the condition
imposed by the court and subject to the supervision of the probation
officer.

4) Fine

An amount given as reparation or indemnification for a criminal act.

5) Destierro

–Penalty of banishing a person from the place where he committed a crime

,prohibiting him to get near or enter not less than 25 kilometers but
not more than 250 kilometers.

Disciplinary controls and purpose

Effort shall be made to instill in the minds of all inmates the concept
that discipline is an essential characteristic of a well adjusted person
.

COMPENSATION FOR WRONG ACT

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 1) Retaliation (Personal vengeance)

the earliest remedy for wrong act to anyone the concept of personal
vengeance by the victim ‘s family or the tribe against the family or
tribe of the offender Hence blood feuds was accepted in the early
primitive’s society

2) Fines

Custom have exerted effort and great force among primitive

societies ,the acceptance of vengeance in the form of payment (cattle,
food, personal services) as dictated by tribal traditions

3) Punishment

It is the redress that the state takes against the offending members.

EARLY FORM OF PRISON DISCIPLINE

1) Hard labor-
Prisoner must have productive work

2) Deprivation
Denial or removal of everything except the essential existence.

3) Monotony-
The act of giving the same food that is off diet ,or requiring the
prisoners to perform drab or boring daily routine.

4) Uniformity
The act which fallow the principle we –treat prisoner alike “the fault
of one is the fault of all’

5) Mass movement –
Implementation of mass living in cellblocks ,mass eating ,mass
recreation. mass bathing

6) Degredation-
The act of uttering insulting words or language on the part of the
prison staff for the prisoners to degrade break the confidence of the
prisoners

7) Corporal punishment
Imposing brutal punishment or employing physical torture to intimidate a
delinquent inmate

8) Isolation or solitary confinement-

The imposition of non communication and limited news to prisoner .the
offender is known as the lone wolf-

DISCIPLINARY CONTROL AND PURPOSE

24
Disciplinary control on inmates shall be firmed to insure safety and
good order in prison .Breaches of discipline shall be handled
objectively and sanctions shall be executed with firmness and justice

Due process accorded to inmates

Every breach of discipline shall be reported to proper prison

authorities the erring inmate shall be given due course before they are
punished .Ignorance of prison rule shall not be countenance or
considered an excuse for its Non observance

THE DISCIPLINARY BOARD

A disciplinary board shall be organized and maintain by jails for the

purpose of hearing disciplinary cases involving inmates who violates
rules and regulation the board is tasked to investigate the facts of an
alleged misconduct referred to it .it shall hold session as often as
necessary in a room which may be provided for the purpose .All cases
referred to it shall be heard and decided within 48 hours from the date
of receipt of the case it shall be composed of the following

1) Chairman - Deputy warden

2) Members
a. Chief custodial /security officers
b. Medical officer public health officer
c. Jail chaplain
d. Inmates welfare and development officer
e. Inmates representative

The disciplinary board may recommend to the warden partial or full

forfeiture of good conduct and time allowance (GCTA) to be earned for
the month and subsequent months depending upon the gravity of the
offense.

NOTE: A female inmate shall not be subjected to disciplinary measures

which might adversely affect her unborn or nursing child.

The penalty imposed by the Board of Discipline shall form part of the
carpeta and prison record of an inmate.

PUNISHABLE ACTS

As provided by section 9 ,Rule II ,Book II (BJMP Manual) an inmate

is strictly prohibited from committing any of the following acts:

A:MINOR OFFENSE

1. Selling or bartering with fellow inmates those items not classified

as contraband
2. Rendering personal services to fellow inmates
3. Untidy or dirty personal appearance

25
 4. Littering or failing to maintain cleanliness and orderliness in
his/her quarters surroundings
5. Making frivolous or groundless complaints
6. Taking the cudgels for or reporting complaints on behalf of other
inmates
7. Late in information during inmate headcount without reasons and
8. Willful waste of food.

B: LESS GRAVE OFFENSE

1. Failure to report for work detail of sentenced inmates without

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

C: GRAVE OFFENSES

1. Making untruthful statements or lies in any official

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

26
 7. Punishing or inflicting injury or any harm upon himself /herself or
other inmates
8. Receiving ,keeping ,taking or drinking liquor and prohibited drugs
9. making ,improvising or keeping any kind of deadly weapon
10. Concealing or withholding information on plans of attempted
escapes
11. Unruly conduct and flagrant disregard of discipline and
instructions
12. Escaping attempting or planning to escape from the
institution of from guard
13. Helping, aiding or abetting others to escape
14. Fighting ,causing any disturbance or participating therein and
/or agitating to cause such disturbance or riots
15. Indecent ,immoral or lascivious acts by himself /herself or
others and /or allow himself /herself to be subject of such
indecent ,immoral or lascivious acts
16. Willful disobedience to a lawful order issued by any BJMP
personnel
17. Assaulting any BJMP personnel
18. Damaging any government property or equipment
19. Participating in kangaroo court an authorized or irregular
court conducted with disregard for or perversion of legal
procedures as a mock court by the inmates in a jail/prison
20. Affiliating with any gang or faction whose main purpose is to
foment regionalism or to segregate themselves from others
21. Failing to inform the authorities concerned when afflicted
with any communicable diseased such as tuberculosis sexually
transmitted diseased
22. Engaging in gambling or any game of chance
23. Committing any act which is in violation of any law or
ordinance ,in which case he /she shall be prosecuted criminally in
accordance with law, and
24. Committing any act prejudicial to good order and discipline

INMATES SERVICES

Inmates services

As part of the prison rehabilitation and treatment program the inmate

shall be guaranteed access to health ,education ,religious and related
rehabilitation services

Health services

Health care and services shall be given to inmates similar to those

available in the free community and subject to prison regulations ,a
prison shall have at least one qualified medical doctor and dentist .

Medical consultation and visiting hours

Medical consultation and visiting hours shall be established by the

penal superintendent in consultation with the medical staff.

27
Basic guidelines on medical consultation

The following guidelines shall be observed whenever an inmate visits a

prison hospitals /clinic for consultation and or treatment .

a. The inmate shall be attended in proper uniform during consultation

b. He shall be attended to on a first come –first serve basis
c. The number of inmates ‘s allowed to prison hospital /clinic for
consultations or treatment shall depend on the number of available
doctors
d. An inmate shall be subjected to a body search upon entering and
living the prison
e. In emergency cases ,only the prison medical staff and the patient
shall be allowed inside the emergency room
f. An inmate shall not loiter in the hospital /clinic or leave the
same without permission from the prison medical staff
g. Visitors inmate shall not be allowed to stay inside the hospital
/clinic to attend the sick inmate without the permission from the
prison medical staff
h. Children below twelve (12) years old shall not be allowed to stay
inside a ward in prison hospital or treatment room
i. Patients in the prison hospital shall not be required to stand for
checking .

Pregnant CIW inmates

In the CIW ,there shall be special accommodation for pregnant

women .whenever practicable ,however arrangement shall be made for
children to be born in a hospital outside the prison .

Infant born to CIW inmates

An infant born while the mother is serving sentence in the CIW may be
allowed to stay at the mother for a period not exceeding one (1) year
after the lapse of said period if the mother of the infant fails to
place the child in a home of her own ,the Penal superintendent shall
make an arrangement to any authorized caring institution or to DSWD for
the infants care staffed by qualified personnel

CHAPTER V
THE MODERN CONCEPT OF PENOLOGY

One of the main concept of the individual person who is charged with an
offense is that once they will be convicted and transported to prison
institution ,they will be punished inside the correctional
institution ,but this idea is only a thing in the past .the main concept
of the modern correction is not to give punishment to offenders instead
they will be treated based on the treatment and rehabilitation program,
implemented in the prison institution

The modern concept of correction is to change the attitude of the

offenders ,their way of life so that when they return to the mainstream
in community they will now become a useful member of the society

28
Penology –

From the Greek words “Poine” which means Punishment and “Logus” – course
or study of crime prevention, prison, reformatory management and
correction of criminals.

Purpose of confinement

The bureau of correction has its own two purposes of confinement of the
offenders or person committed to prisons

a. To segregate them from the society and

b. To rehabilitate them so that upon return to society they shall
responsible and law abiding citizens

Basic principles of correction

Correction has three basic principles in the rules of admission ,custody

,and treatment of inmates

a. Seek to promote discipline and to secure the reformation, and safe

custody of inmates
b. Justice shall be applied impartially ,without genders, language ,
religion or other opinion ,nationality or social
origin ,property ,birth and or other status
c. Justice shall be enforced with firmness but tempered with
understanding

Prison defined

 Penitentiary an institution for the imprisonment (incarceration) of

person convicted of major/serious crimes

 A building usually with cells ,or other established for the purpose
of taking safe custody or confinement of criminals

 A place of confinement for those charged with or convicted of

offenses against the laws of the land DEVELOPMENT OF PRISON

Prison evolved as a substitute for

a. transportation
b. ,exile,
c. public degradations
d. particularly corporal punishment, and
e. death penalty.

In the United States where prison were first established imprisonment

was introduced as a substitute for corporal punishment and death penalty
when, by the provision of the Pennsylvania Reform Law of 1790, corporal
punishment was abolished and the list of offenses punishable by death
was reduced to only one offense .that of first degree murder. As the
United States and Europe curtailed the use of death penalty ,prisons and
29
penitentiaries were constructed to take care of the unexecuted and
unpardoned criminals .long sentences required prisons and penitentiaries
that were not places of detention for those awaiting trial or short
sentences but for a lengthy stay of offenders convicted of serious
crimes.

Origin of the word prison

The world prison has found its roots from the Greco Roman world Presidio
from world Pre means before and Sidio means inside /the coined term,
presidio is synonymous to a fence ,cave ,and or Dungeon .the world
presidio started in the reign of king Hammurabi of Babylon in 1729 BC .

Even in the middle ages the term presidio became popular and was feared
at the height of construction of big temples in the ancient Mesopotamia
called Ziggurats ,in contrast to the building of Royal tombs in Egypt
known as Pyramids

The gulag of Banaue

The term gulag of igorots ,tribes refers to where the refuse is dumped
in simple term , a garbage heap ,usually found in the mountain creek or
a crevice .According to linguist the term gulag is functional nativeness
to articulate identity and use in crucial times ,the gulag was used as a
prison .it had wooden fence where criminals were imprisoned

The gulag of Germany

In the history of prison ,an intriguing question arise whether this

infamous Gulag prison of Alexander Solzhenitsyn in Germany was the place
where thousands of jews were slaughter during the reign of Adolf Hitler

The Gulag of Russia

It is a Russian acronym for corrective labor camp ;a penal institution

established in 1918 .after the Russian revolution this place was
considered as the most dreaded and feared prison at the time of Joseph
Stalin between 1934 and 1947. Persons suspected of crimes against the
state political dissidence or failure to cooperate with labor camps .The
term Gulag of Russia was given the appellation of insane prison because
even if the prisoners survived death ,certainty they will become
insane .history record that millions of prisoners died from
cold ,disease, malnutrition ,and summary executions .after the reign of
Stalin the Gulag camp was dismantled ,but force labor continued in
Soviet period

The world’s worst infamy prisons

Historically speaking prisons were made not for the reformation of the
offenders or violators of rules but it was intended for punishment of
every violators.

30
Bestille prisons

A fortress prison in Paris and France .Bastille was a symbol of Royal

absolutism before the French revolution in 1370 ,Originally ,it was
intended to augment the cities defense .in 17th century, it was used as
prisons were hundreds of political prisoners were tortured and
executed .the known political leaders who were imprisoned in bastille
prisons were Voltaire and Marquuis de Sade were victim of rutless
executions .

Sachsenhausen prisons

Built in 1939 outside the Berline proper as Germany ‘s concentration

camps for the dreaded Nazi’s SS elite force .Its notoriety became famous
when it was transformed into gas chambers wherein by conservative
estimates more than hundreds thousands of people died mostly of Jew’s
descent

Auschwitz prison

Built by Germans near Cracow Poland ,it was popularly known as death
camp headed by Rudolf Hoes more than two millions innocent victim
perished either by torture ,mayhem or gas chamber in this famous dreaded
concentration camp

Toal Sleng Prison

One of the most notorious prison in Cambodia that even humbled the
killing field in Batambang Province .it is a taul sleng prison .it looks
like a mountain size file of human skull and bones . a grim reminder of
the dreaded reign of POLPOt .terror was present during the reign of
Polpot in Cambodia . the rich elite the learned professional ,and
persons with callings regardless of gender can proved disastrous to the
social structure of the country .

Insein Prison

Insein prison is situated in Rangoon Burma ,now Myanmar .at the height
of political unrest the country’s stability was under siege the insein
prison is a pygmy in size compared with other prisons in western
countries ,but it became the focus of world attention then political
dissents were placed behind bars .Human rights international advocates
further inflamed the worlds outrage when the daughter of assassinated
general Aung san ,who planned coup de etat and the person of Suu Kyi was
imprisoned for advocating freedom and democracy on their land

COMMITMENT AND CLASSIFICATION

OF INMATES

COMMITMENT. – Means the entrusting for confinement of an inmate to a

jail by competent court or authority for investigation, trial and/or
service of sentence.

31
COURT AND ENTITIES AUTHORIZED TO COMMIT PERSON TO A JAIL

The following (courts and entities) are authorized to commit a person to

jail:

a. Supreme Court
b. Court of Appeal
c. Regional Trial Court
d. Metropolitan/Municipal Trial Court
e. Municipal Circuit Trial Court
f. Board of Transportation
g. Deportation Board
h. Commission .of Election
i. National Prosecution Service
j. Police Authorities
k. All other administrative bodies as maybe authorized by law

CLASSIFICATION-

Refers to assigning or grouping of inmates according to their sentence,

gender, age, nationality, health, criminal records, etc.

WHO IS A PRISONER

A prisoner is a person who is under the custody of lawful authority .A

person who by of his criminal sentence or by decision issued by a
court ,may be deprived of his liberty or freedom

a. A prisoner is any person detained /confined in jail or prison for

the commission of criminal offense or convicted and serving in a
penal institution.

b. A person committed to jail or prison by a competent authority for

any of the following reasons .to serve a sentence after conviction
trial o-investigation

GENERAL CLASSIFCATION OF PRISONERS

1) Detention Prisoners

 those detain for investigation ,preliminary hearing ,or awaiting

trial. A detainee in lock up jail they are prisoners under the
jurisdiction of courts .

2) Sentenced prisoners-

 offenders who are committed to the jail or prison in order to serve

their sentence after final conviction by competent court,

 prisoners under jurisdiction of penal institution

3) Prisoners who are on safe keeping.

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  Includes non criminal offenders who are detained in order to
protect community against their harmful behavior

Ex mentally deranged individuals ,insane person.

WHEN JUDGEMENT BECOMES FINAL

A JUDGEMENT BECOMES FINAL

a. When the period for perfecting an appeal has lapsed

b. When the sentence is partially or totally satisfied or served
c. When the accused expressly waived in writing his right to appeal
and
d. When the accused applies for probation

WHEN JUDGEMENT OF ACQUITTAL BECOMES FINAL

A judgment of acquittal becomes final immediately after promulgation and

cannot be recalled for correction or amendment any modification thereof
will result in double jeopardy

CLASSIFICATION OF SENTENCED PRISONERS

The four (4) main classes of prisoners are, namely:

1) Insular/National Prisoner – One who is sentenced to a prison term

of three (3) years and one (1) day to death.

2) Provincial Prisoner – One who is sentence to a prison term of six

(6) months and one (1) day to three (3) years. Or those detain
therein waiting for preliminary investigation of their case
cognizable by the RTC

3) City Prisoner – One who is sentence to a prison term of one (1) day
to three (3) years. Or a fine of not more than 1.000 pesos or both
or Those detain therein whose cases are filed with the MTC or those
detain therein whose cases are cognizable by the RTC and under
Preliminary investigation

4) Municipal Prisoner – One who is sentence to a prison term of one

(1) day to six (6) months. Those detain therein whose trial of
their cases are pending with the MTC

5) Sentenced youth offender-are sent to Regional rehabilitation

centers operated by DSWD.

CLASSIFICATION OF DETAINEES –

The three (3) types of detainees are those :

a) Undergoing investigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.

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 CLAASIFICATION OF PRISONERS ACCORDING TO DEGREE OF CUSTODY

Classification of inmates as to security risk.

1) Maximum security - This shall include highly dangerous or high

security risk inmates as determined by the Classification Board who
require a high degree of control and supervision. Under this
category are;

An inmate shall be assigned to any of the following security groups:

a. those sentenced to death;

b. Those whose minimum sentence is twenty (20) years
imprisonment;
c. Remand inmates or detainees whose sentence is twenty (20)
years and above and
d. those whose sentence are under review by the Supreme Court or the
Court of Appeals;
e. Those with pending cases;
f. Recidivists, habitual delinquents and escapees;
g. those confined at the RDC
h. Those under disciplinary punishment or safekeeping;
i. Those who are criminally insane or those with severe personality or
emotional disorders that make them dangerous to fellow inmates
or the prison staff.

2) Medium Security- this shall include those who cannot be trusted in

less secured areas and whose conduct or behavior require minimum
supervision

Under this category are:

a. Those whose minimum sentence is less than twenty (20) years

imprisonment,
b. Remand inmates or detainees whose sentences are below
twenty (20) years;
c. Those who are eighteen (18) years of age and below,
regardless of the case and sentence;
d. Those who have two (2) or more records of escapes. They can be
classified as medium security inmates if they have served eight
(8) years since they were recommitted. Those with one (1) record
of escape must serve five (5) years; and First offenders
sentenced to life imprisonment. They may be classified as medium
security if they have served five (5) years in a maximum security
prison or less, upon the recommendation of the Superintendent.
e. Those who were detained in a city and/or provincial jail shall not
be entitled to said classification.

3) Minimum security -This shall include those who can be reasonably

trusted to serve their sentences under less restricted conditions.

Under this category are.

34
 a. those with a severe physical handicap as certified by the chief
medical officer of the prison;
b. those who are sixty-five (65) years old and above, without
pending case and whose convictions are not on appeal;
c. those who have served one-half (1 /2) of their minimum
sentence or one-third (1/3) of their maximum sentence,
excluding Good Conduct Time Allowance (GCTA) as provided in Chapter
4, Part III hereof; and
d. Those who have only six (6) months more to serve before the
expiration of their maximum sentence.

Correctional institutions are mostly diversified on the basis of degree

of custody, among which are the following:

1. Super Security Facility:

A small portion of any prison population consists of incorrigibles,

recidivists, escape artists, and chronic troublemakers. This category of
prisoners should be confined in a unit or institution separate from the
general population. Ideally they should be confined in a super maximum
type of prison, like Alcatraz, where escape is quite impossible.

2. The maximum Security Institution:

This type of institution is characterized by thick wall enclosures, 18

to 25 feet high. On top of the wall are catwalks along which the guards
patrol at night. At corners and strategic places are tower posts manned
by heavily armed guards. The housing units within the walls are of the
interior cell block type. Inmates confined in this type of institution
are not allowed to work outside the institutions but are assigned to
industrial shops within the prison compound.

3. The Medium Security Institution:

two layers of wire fence usually enclose this type of institution. The
inner fence is 12 to 14 feet high with curb and the outer fence is 8 to
12 feet high. The two fences are from 18 to 20 feet apart. Usually the
top portion of the fence is provided with barbed wire. The perimeter
fence requires a minimum number of personnel to guard it. The housing
units consist of outer single cells, honor rooms, squad rooms and
dormitories. The inmates may be allowed to work outside the fence under
guard escorts.

4. The minimum Security Institution:

This type of institution is usually without a fence, and if there is

one, its purpose is to keep away the civilian population from entering
the institution rather than preventing escapes. There are no bars or
keys to neither dormitories nor armed guards within the institution.

5. The Special Security Facility:

About two percent of an Unselected prison population will consist of

incorrigibles, intractable, and dangerous persons who are so difficult

35
to manage that they are a source of constant disturbance and difficulty
even in the typical maximum security institution.

CHAPTER 1V
THE SEVEN PENAL INSTITUION OF THE PHILIPPINES

History of early prisons

The bureau of prison was created under the Reorganization Act of 1905 as
an agency under the Department of Commerce and police .the agency
eventually was placed under the supervision of the department of justice
.the bureau of Prisons was changed into Bureau of correction with the
issuance of Proclamation No 495 and through a provision in the
administrative code of 1987

The bureau of corrections (BUcor) Department of Justice

The National prison , which house more serious offenders ,already

convicted with a sentence of more than three years is maintained by the
bureau of corrections ,an agency under the department of Justice (DOJ)
the bureau is responsible for the safe keeping of prisoners and their
rehabilitation through general and moral education and technical
training in industry and agriculture .the bureau also oversees the
operation of prison agro industries and the production of food
communities .

The bureau of corrections maintains seven correctional institution and

penal farms .the Nation’s largest prison is the NBP at Muntinlupa that
also operates the Manila city jails .the pecuniary serves as the central
facility for those sentenced to life imprisonment or long term
incarceration . it is divided into three camps to separate those serving
maximum,medium and minimum penalties .the correctional institution for
women is located in metropolitan Manila ,combination prison and penal
farm also are also located in Zamboanga City ,Palawan Mindoro occidental
and in several Province .

The seven operating units of the Bureau of corrections located

Nationwide .

1) The new Bilibid Prison in Muntinlupa

2) The correctional Institution for women (CIW) in Mandaluyong City
3) The iwahig Prison and Penal Farm in Puerto Princesa city
4) Sablayan prison and Penal farm in occidental Mindoro
5) San Ramon Prison and Penal farm in Zamboanga City
6) Leyte Regional Priosn in abuyog leyte and
7) Davao Prison and Penal farm in Panabo Davao Province

Bureau of Prisons was renamed ,Bureau of corrections under Executive

Order 292 passed during the Aquino administration .it states that the
head of the Bureau of correction is the director of prison who is

36
appointed by the president of the Philippines with the confirmations of
commission on appointments .

The Bureau of Correction has general Supervision and control of all

National and Provincial prisons or penitentiaries .It is charged with
the safe keeping of all insular prisoners confined therein or committed
to the custody of the bureau

Inmates of the Bureau of Corrections are classified according to the

following:

1) Detainee- those whose cases are or have other pending cases

2) Third class inmate .those who have been previously committed as a
sentenced prisoner for three times or more except cases involving
non payment of fines or those classification were reduced from a
higher class.
3) Second class inmate –newly arrived inmates committed for the first
time ,or demoted from a higher class or promoted from a lower class
4) First class inmate – one whose known character and credit for work
while still in detention earned classification to this class ,or
one who was promoted from lower class and
5) Colonist- a classified first class inmate for at least one year
immediately preceding his classification as such and has served
with good conduct ,at least one fifth of his maximum sentence ,or
has served seven years in case of life sentence.

THE PHILIPPINE PRISON SYSTEM

1: In 1847, the construction of Bilibid Prison (initial name carcel Y

presidio correctional , presently Manila City Jail ) started .this
institution become the central place of confinement for Filipino
prisoners .Prior to establishment of Bilibid prison Prisoners were
confined in jails under the jurisdiction of commandancias where law
enforcement units were stationed ,Commandancias were established in
practically every province of the country .

2: In 1865, the Bilibid Prison was opened by virtue of a Royal Decree.

3: In 1936,the city of Manila exchanges its Muntinlupa property of 552

hectares with that of the Bureau of Prison lot in manila : This
Muntinlupa estate was originally intended as a site for the boys
training school ,but because it is far from Manila .the city government
of Manila preferred the site of the Old Bilibid prison. Famous as the
May Halique state. And the oldest prison in the Philippines is the fort
Santiago.

The Fort William Mckinley

The fort William Mc Kinley in fort Bonifacio, Makati was formerly a

military reservation camp after the Americans came to the
Philippines .this was formerly utilized as a detention center for
offenders who violated the US military laws and ordinances .The American
eventually turn over this military camp to the government to incarcerate
maximum security prisoners such as political prisoners and incorrigibles

37
,after the Philippine independence in 1947 .in June 30 ,1968 the fort
Mckinley was converted to a prison intended to separate political
offenders from other criminal prisoners .this was renamed as fort
Bonifacio Prison

President Diosdado Macapagal renamed the fort Bonifacio Prison to fort

Andres Bonifacio Prison taday fort Andres Bonifacio prison was awarded
to the Bureau of jail and Management and Penology ,as a Makati city jail

NATIONAL PENITENTIARIES
(Bureau of Corrections)

ORGANIZATION

The Bureau of Corrections is under the Department of Justice. It is

headed by the Director of Corrections, who is authorized to exercise
command, control and direction of the following prison facilities and
staff offices:

PRISON FACILITIES AND THEIR FUNCTIONS

There are seven (7) correctional facilities of the Bureau of

Corrections, which are located all over the country, administered by its
Penal Superintendent.

The old bilibid prison (presently ,the manila city jail )

the Bilibid prison was transferred to its present site ,in Muntinlupa in
1936 and renamed the New Bilibid Prison in 1941 ,in what is now
Muntinlupa city at the outskirt of Metro Manila in its boundary with
the province of laguna , to avoid confusion the Bilibid Prison in Manila
was named old Bilibid prison .this prison establishment was constructed
by virtue of proclamation 414 in 1931 as an enabling order to
commonwealth Act No 3732 ,these official edict were also the official
basis for the opening of the Davao penal colony in the Island of
Mindanao the prison authorities at the time were compelled to move away
from the old Bilibid site because of the inevitable development of the
area for commercial purposes .bilibid was in the immediate vicinity of
Quipo and santa cruz districts ,which were the principal trading and
commercial center of the country in those days ,economics growth and
construction activities rendered the bilibid Prison to he fast becoming
out of place in its present site and its rle as the national
penitentiary .in addition ,the Bilibid Prison in manila has become
overcrowded due to the considerable increase in prison population
happening continuously

the actual transferred of the prison was effected in 1941 .it became the
new bilbid prison (NBP) while the one left behind in Manila was renamed
the old Bilibid Prison to avoid confusion and become the site of the
Manila city Jail until this day .shortly before the outbreak of world
war 11 in the Philippines ,all the prisoners at the old bilbid were
transferred to the New Bilibid Prison on recommendation of the cabinet
Prison .priosn labor was the main work force in the construction of the
facility

38
1: THE NEW BILIBID PRISON (NBP)

It is located in Muntinlupa, Rizal. This is where the Bureau of

Corrections Central Office is co-located. Within the complex are three
(3) security camps administered by a Penal Superintendent and assisted
by an Assistant Superintendent in each Camp. The three security camps
are:

a) The Maximum Security Compound is for prisoners whose sentences are

20 years and above, life termers or those under capital punishment,
those with pending cases, those under disciplinary punishment, whose
cases are on appeal, those under detention and those that do not fall
under medium and minimum-security status.

b) The Medium Security Camp is for prisoners whose sentences are below
20 years (computed from the minimum sentence per classification
interpretation) and those classified for colony assignment.

c) The Minimum Security Compound is an open camp with less

restrictions and regimentation. This is for prisoners who are 65 years
old and above, medically certified as invalids and for those prisoners
who have six months or less to serves before they are released from
prison.

Today the new Bilibid Prison operates two satellite Units ,namely,

A. The Bukang Liwayway Camp- it houses the minimum security prisoners.

who work in the various project of the institution

B. The Sampaguita Camp- it is located in Reception and Diagnostic

Center and houses the medium security Unit and the Youth
Rehabilitation Center.

Note the New Bilibid Prison is specialized in the industrial type of

vocational training like furniture shop ,shoe repairing auto mechanics,
etc.

2: THE SAN RAMON PRISON AND PENAL FARM

IN 1869,,the authorities saw the need of establishing one prison

separate from Bilibid for those who fought the established
government .So, San Ramon Prison and Penal Farm in the southern tip of
Zamboanga was established for the confinement of political offender.
During those days a rebel who was not shot was either sent to Guam or
Marinas or to Zamboanga the San Ramon Prison was named after its founder
Ramon Blanco a Spanish captain in the Royal Army .

The San Ramon Prison has an area of 1.524.6 hectares .it houses the
maximum, medium, and minimum custody type of prisoners.

The principal product of San Ramon Prison is copra which is one of the
biggest sources of income of the Bureau of Prison.

39
Note: the oldest penal facility ,founded in 1832 is situated in
Zamboanga city .the san Ramon Prison and Penal farm .it has gained a
historical landmark as the first penal facility in the country .it was
however, destroyed during the Spanished American war in 1888.it was
eventually revived under the Reorganization act of 1905 and placed under
the bureau of Prisons to receive convicted prisoners in Mindanao

3: THE IWAHIG PENAL COLONY-

On November 16 ,1904 ,foreman R.J. Shield with sixteen prisoners left

the Bilibid Prison by order of Governor forbes who was security of
commerce and police ,to establish the Iwahig Felony in Palawan .the idea
was hatched on the suggestion of the Governor Luke E wright who
envisioned it to be an institution for incorrigibles .the first
contingent ,however ,revolted against the authorities .they hogtied
their superintendent ,Mr,Madaras ,and could have killed him were it not
for the timely succor of the Philippine Scouts stationed in Puerto
Prinsesa.

When the Philippine commission ,by virtue of Reorganization act 1407

created the bureau of prison on November 1,1905 the authorities changed
the policy regarding Iwahig, so that instead of sending incorrigibles
,inmates who well behaved and declared tractable were assigned to this
colony .

Today ,the Iwahig Penal colony enjoys the reputation of being one of the
best open institution in the world only mutual trust and confidence
between the wards and prison authorities keep them together there being
no walls.

At present the Iwahig Penal colony is a minimum custody or open

institution.it has an area of 36.000 hectares .the colony is divided
into four sub colonies ,namely:

1. Sta lucia sub colony

2. Inagawan sub colony
3. Montible sub colony
4. Central sub colony

The Iwahig Penal colony administer the Tagumpay settlement.the principal

products of the Iwahig Penal colony are rice, corn, copra, logs,minor
forest product and cattle.

The Iwahig Penal colony administer the Tagumpay settlement.the

principal products of the Iwahig Penal colony are rice, corn,
copra, logs,minor forest product and cattle.
4: THE CORRECTIONAL INSTITUTION FOR WOMEN-

In 1931, the correctional institution for women was established on an 18

hectare piece of land in Mandaluyong Rizal by authority of Act 3579
which was passed on November 27 1929 . Prior to the stablishment of this
institution ,female prisoners were confined in one of the wings of
Bilibid Prison. later the position for a female. Superintendent was
created in 1934 .Today ,the correctionall Institution for women is an

40
institution under the Bureau of Prison ,managed by the female
personnel ,except the perimeter guard who are male .

Mandaluyong -The first correctional institution for women The

institution conduct vocational courses in dress making ,beauty culture,
handicrafts, cloth weaving and slipper making.

Mindanao- it is the most recent facility organized in the bureau of

correction s. it was only inaugurated in September 18 2007, the second
institution which was branched out from the first and only penal
establishment dedicated in rehabilitating female offenders ,it is a
satellite prison facility under the supervision and direction of Davao
prison and penal farm administration pursuant to n administrative order
issued by bucor central office .caters female female prisoners
sentence to suffer the penalty of 3 years I day and above and coming
from the 26 provinces comprising the six administrative regions in the
whole Mindanao province.

5: THE DAVAO PENAL COLONY-

Established on January 21,1932 In accordance with Act No 3732 and

Proclamation No 414 series of 1931 .the first contingent of prisoners
that opened the colony was led by General Paulino Santos its founder and
the then director of Prison. the area consist of 18.000 hectares.

This is the combination of medium and minimum custody type of

institution

The Davao Penal Colony manages the biggest abaca plantation in the whole
country

The colony is divided into two sub colonies, namely. (1)The Panabo sub
colony and (2)the kapalong- Sub colony each colony is headed by penal
supervisor.

Note the colony also operates the tanglaw settlement

Here is also the site where the best selling book Escape in Davao by
John Luckaks

6: THE SABLAYAN PENAL COLONYAND FARM

On Sept. 27 ,1954 the President of the Philippines issued proclamation

No 72 setting aside 16.000 hectares of the virgin lands in Sablayan
Occidental Mindoro for the Sablayan Penal colony .

The first trail blazer was the experience colony administrator from
Iwahig Penal Colony headed by the assistant superintendent of that
colony Mr Candido Bagoisan .Today Sablayan penal colony enjoys of being
the youngest and fastest growing colony under the bureau

This institution is an open or minimum security type institution .it has

an area of 16.408 .5 hectares .Rice is the principal product of the
colony

41
7:LEYTE REGIONAL PRISON (Abuyog Southern Leyte)

The leyte Regional Prison ,situated in Abuyog southern Leyte ,was

established a year after the declaration of martial law in 1972 by
virtue of Presidential Proclamation No 1101 and its operation through
the issuance of Presidential Decree No 29. While its plantilla and
institutional plan were almost ideal ,lack of funds made the prison
unable to realize its full potential and facilities are often below par
compared with those of other established penal farms.it has an inmate
capacity of 500.it follows the same agricultural format as the main
correctional program in addition to some rehabilitation activities .the
prison admits convicted offenders from region V1 and from the national
penitentiary in Muntinlupa.

CORRECTIONAL CENTERS

A rehabilitation centers for youthful offenders whose ages ranges from 9

to below 18 years of age to be committed to the care of the DSWD

Drug rehabilitation centers –these centers has been established for the
treatment of drug dependents the existing treatment and rehabilitation
center is operated and maintained by the NBI at tagaytay City and being
funded by the board

OLD BILIBID PRISON

Located in the May Halique estate in Oroquieta Street Sta.Crus , Manila

.Now known as Manila City Jail. with capacity of 600 prisoners.

PRISONERS

THE RECEPTION AND DIOGNOSTIC CENTER. (RDC)

This is the special unit of prison (camp Sampaguita )where new prisoner
undergo diagnostic examination ,study and observation for the purpose of
determining the program of treatment and training best to their needs
and the institution to which they should be transferred

It was established by administrative order no 8 series of 1953 of

Department of Justice .

The first RDC facility was created in Building No 9 of the maximum

security compound of the New Bilibid prison (NBP)

In a move to isolate the facility from the troubled maximum security

wing them experiencing violence in 1973 ,RDC was relocated to building
No 7, formerly referred to as Metro jail of medium security compound of
camp sampaguita ,NBP .

To further insulate the newly received inmates from gang related

exposures ,the center was transferred to the previous military command
post adjacent the medium security facility where it is presently
situated

42
 Convict committed to the Bucor for confinement are brought for
admission at the RDC .The RDC –The RDC at the new Bilibid reservation
will received prisoners coming from all over the country ,Except those
sentenced by courts having jurisdiction for the province of Zamboanga
Del Norte and Del Sur ,Basilan Sulu ,and Tawi Tawi will be brought to
the San Ramon Prison and Penal Farm

Sentenced prisoners slapped with the death penalty are not eligible for
admission and classification of RDC ,the SC brings them directly to the
death row where they will wait automatic review of their case .

Female inmates for incarceration as national prisoners or those with

more than three years maximum sentence will be brought directly to the
CIW

THE STAFF AND THEIR FUNCTION

1) The Psychiatrist – The psychiatrist examines the prisoner and

prepares an abstract of his findings. The abstract includes a
brief statement of the mental and emotional make-up of the
individual with particular reference to abnormalities of the
nervous system and the presence of psychoses, psychopaths, neurotic
tendencies, paranoid trends and other special abnormalities..

2) The Psychologist – The psychologist interviews the man and

administers tests. The psychological abstract presents a statement
of the psychologist’s findings with regard to the mental level,
general and special abilities, interest and skills of the prisoner.
The outstanding factors contributing to the maladjustment of the
individual are pointed out

3) Sociologist – The prisoners is interviewed by the sociologist.

Additional information is obtained through correspondence with the
prisoner’s friends, relatives, and social agencies. The objective
facts of the personal history of the inmate are recorded in the
social abstract, which also includes an analysis and interpretation
of the individual’s social situation and relationships.

4) Education Officer or Counselor – The prisoner is interviewed by the

educational officer in order to determine his educational strengths
and weaknesses and to recommend suitable educational program for
him.

5) Vocational Counselor – The vocational counselor, by interview,

obtains a record of the man’s former employment and tests the man
to determine his general and special abilities, interests and
skills

6) The Chaplain - The inmate is interviewed by the Chaplain and he is

encouraged to participate in religious worship.

7) Medical Officer – A complete physical examination is given each

inmate at which time his medical history is obtained. The
examination covers the major organs of the body, such as the lungs

43
 and the heart, and includes tests of the blood and sense organs.
The doctor correlates the patients’ previous health history with
present findings in the medical history and physical examination,
plus recommendation for medical treatment.

8) Custodial-Correctional Officer The Chief of the correctional unit

prepares the custodial officers abstract which includes all
significant observations made by the correctional officers of the
inmate’s behavior and interactions to various situations in the
dormitory, place of recreation, work assignments, etc. The report
includes the custodial officer’s recommendations on transfer and
type of custody of the prisoner.

ADMISSION PROCEDURES

1) RECEIVING-

The New prisoner are receive either in the RDC or in a prison and
later to transfer to the center and required to stay there for not
more than 60 days. The new prisoner usually comes from a provincial
or city jail where he is immediately committed upon conviction by
the court. He is transfer to the national prison escorted by guards
of the committing jails

The following document shall be presented accordingly by the party

escorting prisoner:
a) Commitment order of the prisoner
b) Court decision of the case
c) Information filed by the city /provincial fiscal
d) Certificate of detention

2) CHEKING OF COMMITMENT PAPERS

On arrival at the Reception center or prison ,the receiving officer

checks the commitment paper if they are in order .the commitment
paper is in order if they bear the signature of the judge or

To make sure if it contains the signature of the judge or the

signature of the clerk of court and seal of the court.

3) IDENTIFICATION

The next step is to establish the identity of the prisoner in

order to be sure that the person being committed is the same person
named in the commitment order

The identity is established through the picture and the fingerprint

of the prisoner appearing on the commitment paper and his prison
number

4) SEARCHING

After accomplishing the above steps ,the new prisoner is frisked

and his personal things searched ,weapons and other items of

44
 contraband are confiscated and deposited with the property
custodian

Money ,watches ,rings and other pieces of jewelry are deposited

with the trust fund officer under proper recording and receipts

5) ISSUANCE OF CLOTHES AND EQUIPMENT

From the receiving office ,the new prisoner goes to the supply room
where he receives the following: Two (2) regulation uniform suits
and two t- shirts whenever possible , they shall be issued the
following items
a. One blanket
b. One mat and pillow
c. One set mess kit
d. One mosquito net
e. One pair of slipper

 The inmate shall be held responsible and accountable for the items
issued to them (sec 9 Chapter 2 of part 2 of the correctional
operating manual )

6) ASSIGNMENT TO QUARTERS

After the prisoner is issued his clothing and beddings he is sent

to quarantine unit .the quarantine may be a unit of the prison or a
section of the RDC

THE QUARANTINE UNIT

This may be unit of the prison or section of the RDC where the prisoner
is given thorough physical examination including blood test, X-
rays ,inoculation and vaccination .one purpose of the quarantine is to
ensure that the prisoner is not suffering from any contagious decease.
The result of the examinations are submitted to the chief of the center
in written form .this report form part of the diagnostic record of the
prisoner

The newly received inmate will stay at the RDC for period of sixty (60)
days of which at least five (5) days of it .the inmate will stay at the
quarantine unit.

7) BRIEFING/ ORIENTATION

The orientation of the prisoners take place within the first few days in
the center,the prisoner will be informed of the rules and regulation to
be observed while in the center.

ORIENTATION PROCEDURES

1) Giving a prisoners a booklet of rules and regulation and explaining

the rules to them

45
 2) Conducting the group meeting of center inmates to explain the
purposes of treatment program

3) Holding session with the chief and individual members of the center
staff to explain the basic purpose of the center and what the
inmate should do in order to profit most from their experience

STAFF CONFERENCE

When the prisoner is through with all tests, interviews and

examinations, he is ready for the staff conference, sometimes called
“guidance conference” or “case conference”. The inmate appears before
the Center’s staff in conference to plan out with him his tentative
program of treatment and training. Every member of the staff gives an
oral summary of his findings and his recommendation on what to do with
the prisoner pertaining to his field.

THE ADMISSSION SUMMARY:

The written reports submitted by the staff of the center regarding their
findings on the prisoners are compiled, and form the admission summary.
The admission summary becomes the nucleus of the cumulative case history
of the prisoner.

TRANSFER OUT OF THE CENTER

When the admission summary is completed it is for warded to the director

of prison for approval of the tentative program prepared for the
prisoner ,after which the prisoner is then transferred to the operating
institution

THE OPERATING INSTITUTION

The prisoner is transferred from the Reception and Diagnostic Center to

the operating institution with a tentative plan of treatment already
prepared. The stay of the prisoner in the general service unit is a sort
of orientation period for him. He is given lectures on the rules and
regulations; and he is assigned to different work projects to afford him
various experiences which will guide him in the choice of a permanent
vocational program.

THE ADMISSION CLASSIFCATION MEETING

The purpose of the admission classification, sometimes called initial

classification meeting, is to plan a program for and with the inmate
which will be realistically directed toward his rehabilitation. A member
of the Committee, usually the case worker summarizes the diagnostic
material, which is the Admission Summary prepared by the Reception
Center, and presents the important factors to be considered in program
planning. Usually, the prisoner appears before the Committee so he can
be available for interview and consultation regarding major decisions to
be made by the Classification Committee on his assignments. The
Committee decisions cover all-important phases of the inmates’ life in
the institution.

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 RECLASSIFICATION

The prisoner appears before the Classification Committee periodically

after his initial classification to keep current his treatment and
training program. Because human personality and behavior are constantly
changing. Reclassification is necessary to assure that individual needs
are not overlooked, and it must continue from the time of admission
classification until the inmate is released.

REHABILITATION SERVICES

Purpose- to change inmates pattern of criminal behavior and reform them

into a law abiding and productive citizens through the implementation of
rehabilitation in jails ..

THE TREATMENT PROGRAMS

The treatment of inmates shall be focused on the provision of services

designed to encourage them to return to the fold of justice and enhance
their self respect dignity and sense of responsibility as follows :

a) Provision for basic needs of inmates

b) Health services
c) Education and skills training
d) Religious services ,guidance and counseling services
e) Recreation sports, and entertainment
f) Work program ,such as livelihood projects
g) Visitation services
h) Mail services

The Philippine Correctional System has two (2) approaches in treating

criminal offenders

a) The Institution based treatment program and

b) Community-Based treatment program.

The institution-based has three (3) levels: the National, provincial,

and sub-provincial jails and the district, city and municipal jails
while the community-based approach has probation, parole, conditional
pardon and release on recognizance as mode of release.

A. Institution-Based Approach

Presently there are three (3) Executive Departments that supervise and
control the numerous institutional facilities nationwide, which provides
incarceration and rehabilitation to offenders. These are the Department
of Justice (DOJ), which take care of the National prisoners, Department
of the Interior and Local Government (DILG) which take care of the
Municipal ,City and Provincial prisoners and the Department of Social
Welfare and Development (DSWD).which take care of sentenced Youthful
Offenders

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Under the DOJ .the offices that are tasked to carry out the mission of
correction rest with the Bureau of Correction (BUCOR) ,the Board of
Pardon and Parole (BPP) and the Parole and Probations
administration(PPA)

The BPP recommends to the president the prisoner who are qualified for
parole , pardon or other form of executive clemency .the PPA ,on the
other hand exercises general supervision over all parolees and
probationers and promotes the correction and rehabilitation of offenders
outside the prison institution .under the DILG are the BJMP and PLGU .
the BJMP take charge of district ,City, and Municipal Jails nationwide
while the provincial jails are operated by the Provincial Local
Government Units located in ten sites Nation wide

B. Community-Based Approach

Not all convicted offenders have to serve their sentence behind bars.
Some are allowed to stay in the community, subject to conditions imposed
by the government. They are either granted probation, parole,
conditional pardon and recognizance.

A: THE INSTITUTIONALIZED TREATMENT PROGRAM

1: EDUCATIONAL PROGRAM

The educational program of a correctional institution is one of the most

important phases of the treatment and training of prisoners .there is no
common plan of education for all.

CLASSES OF PRISON EDUCATION

a) General and Academic education

 The eradication of illiteracy among prisoners is one of the best

contribution that the correctional system can offer to society.

b) Vocational education

 The vocational education program is usually geared to institutional

maintenance work and the prison industries project

 To provide prisoners necessary skills after their released

 Courses may include radio mechanics ,auto mechanics, horticulture,

shoemaking, tailoring, carpentry ,electronics,

2: WORK PROGRAM

These are program conducive to change behavior in morale by

training prisoners for a useful occupation

CLASSIFICATION OF PRISON WORK PROGRAMS

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 1) Educational assignments-

prisoners may be assigned to either general education ,vocational

or physical education

2) Maintenance assignment-

these assignment involve labor related to care and up keeping of

the institutional properties

3) Agricultural and industrial assignment

4) Un assignable-

Prisoners who are nearly to leave the institution ,awaiting

transfer ,those in disciplinary status and those who are
chronologically ill with mental disabilities .

3: RELIGIOUS SERVICE IN PRISON

Chaplain is the most important person in the rehabilitative setup of a

correctional institution .it is the chaplain administrators claim ,who
points to the prisoners their relationship to god and their
fellowmen ,and who by work example ,leads them most effectively toward
complete rehabilitation.

Men and Nations have found that they can not live without the
guiding ,sustaining and inspiring power of religion .if this is true of
people in normal society ,it is doubly true of men who are confined in
correctional institution

FUNCTION OF THE CHAPLAIN

1) Conduct of sacramental ministry-

2) Conduct a religious instruction
3) Ministry to inmate families and related concern person
4) Ministerial service to the staff and the operational personnel
5) Interpretation ministry to the community

ADMINISTRATIVE FUNCTION OF THE CHAPLAIN

1) Member of the RDC staff

2) Member of the classification committee
3) Render evaluation

4: RECREATIONAL PROGRAM

Recreational programs are important part of the rehabilitation program A

good prison administrator should provide wholesome ,healthy activities
for men confined in his institution.

Usually the recreation program should be designed to meet the needs d is

conducted during free time schedule ,affording opportunity for each man

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to decide for himself whether or not he desires to participate on
voluntary basis .
The recreation program should be designed to meet the needs and
interest of all inmates.

5; LIBRARY SERVICE

The prison library plays an important role in the improvement of

prisoners in practical and cultural aspects of social living .

6: HEALTH AND MEDICAL SERVICE

The medical and health requirements of a prisoner include mental and

physical examinations ,observations diagnosis and treatment of
patients ,immunization and protection of the inmate populations as well
as the staff against hazards ,visiting prisoners in segregations
sections ;sanitary inspections, consultation with culinary and other
officials and participations in training ,classification. Disciplinary
and other program.

TREATMENT OF SPECIAL NEEDS OR UNUSUAL OFFENDERS

1: FEMALE

1) The female quarters /dorm should be separated from male

2) No male inmate shall be allow to enter the female dorm
3) Only work suitable to their age and physical condition should be
assigned to female inmate

2: DRUG USERS DEFENDANT AND ADDICT

a) Drug users should be segregated from other inmate especially during

the withdrawal period
b) Maintain close supervision to suicide or self prevent attempt to
commit suicide and self motivation.
c) Conduct a regular search of the inmate ‘s quarters and maintain
constant alertness to prevent the smuggling of narcotics and other
dangerous drug

3: ALCOHOLICS

a) Place alcoholic in quarter separates from other inmates and

maintain close supervision to guards
b) Against suicide attempt
c) Any symptoms of abnormal behaviour Should be reported immediately
to the jail Physician or warden
d) Exercise close supervision to guard against the smuggling of liquor
and other intoxicating drinks or product containing alcohol

4: MENTALLY ILL

a) The mentally ill should be under the close supervision of a jail

medical personnel

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 b) Place the mentally ill in separate cells and special restrain room
provided for violent cases
c) Close supervision to guard against suicide attempt and violent
attack on others
d) The mentally ill should be transferred as soon as feasible to
mental institution for proper psychiatric treatment

5: SEX DEVIATES

a) Homosexual should be segregated immediately to prevent them from

influencing other inmate or being maltreated or abuse by other
inmates
b) Sex deviates should be separated from other inmates for close
supervision control

6: SUICIDAL INMATES

a) The suicidal inmate should be given close and constant supervision

b) Search their quarters and premises for tools /materials that can be
used for suicide
c) They should be subjected to frequent strip search

7: THE HANDICAPED,AGED ,AND INFIRMED

a) These inmates should be house separately and closely supervised to

protect them from maltreatment or abuse by other inmates.
b) Special treatment should be given to these inmates who shall be
required to work in accordance with their physical capabilities for
their own upkeep and to maintain the sanitation of their quarters
and surrounding

8: NON PHILIPPINE CITEZEN INMATES

 The warden shall report in writing to the bureau of immigration and

the respective embassies of the detained foreigners the following:
 Name of foreigners
 Name of jail
 Nationality. number of alien certificate of registration, if any
 Age/sex
 Offense charged
 Case number
 Court/branch

EMERGENCY PLAN

Emergency Plan For both natural and man made calamities and other form
of jail disturbance shall be formulated to suit the physical structure
and other factors peculiar to every jail ,such as.

NATURAL CALAMITIES

a) Fire
b) Flood
c) Earthquake
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d) Tsunami
e) Landslide
f) Typhoon
g) Volcanic eruption
h) Others

MAN MADE CALAMITIE

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