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Institutional Correction Legacy Lecture

Institutional correction refers to the punishment, treatment, and supervision of convicted criminals carried out by government agencies. It is one component of the criminal justice system. Correction can take place inside correctional facilities through rehabilitation programs (institutional correction) or in the community through programs like probation, parole, and pardon (non-institutional correction). The objectives of correction include rehabilitation as well as the study of theories, policies, and experiences in the field.

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0% found this document useful (0 votes)
35 views

Institutional Correction Legacy Lecture

Institutional correction refers to the punishment, treatment, and supervision of convicted criminals carried out by government agencies. It is one component of the criminal justice system. Correction can take place inside correctional facilities through rehabilitation programs (institutional correction) or in the community through programs like probation, parole, and pardon (non-institutional correction). The objectives of correction include rehabilitation as well as the study of theories, policies, and experiences in the field.

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kenneth.enc2
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© © All Rights Reserved
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Institutional Correction

PROF. WILFREDO B CALUSTRE JR, Ph.D.Crim.


(Units),MSCrim., RCrim., CSP, CSMS,CCSMS

Photos on the Power point Presentation are not mind credits to the owner.
Correction as component of Criminal
Justice System
Correction
 The term describes a variety of function,
carried by the government agencies involving
the punishment, treatment and supervision of
persons who have been convicted of crimes.
 Also known as the Penal System in the Phil.
 One of the Umbrella of the DOJ together with

the National Bureau of Investigation (NBI),


Bureau of Immigration and Deportation (BID)
 Refers to a network of agencies that function
related to Rehabilitation of convicted
offenders. (GCTA)
 In the field of the Academic study concern

with the theories, policies and programs


pertaining to the practice of corrections
 Its objective study includes personnel
training and management as well as the
experiences of those on the other side of the
fence.
 The Terminology change from “Penology” to

“Corrections”- occurred in 1950 1960’s.


Correction
 Is a branch of Administration of Criminal justice

responsible for Correction and Rehabilitation of


those person. Who are after observance of due
process was found violated Penal law by
competent judicial authority.

 Is that branch of the administration of criminal


justice charged with the responsibility for
Custody, Supervision and Rehabilitation of the
Convicted Criminals.
2 Approaches of Correction
1. Institutional Correction
- Rehabilitation or Correctional Program take place

inside correctional facilities or Institution such as


national penitentiary.

2. Non- Institutional Correction (Community


Based Correction)

-This approach the convict will not be placed or


be released from correctional facility or jails.
Community Based Program (Non-Institutional)

1. Probation (PD 968 Adult Probation Law)


- Is a disposition under which an accused after

conviction and sentence is released subject to the


conditions imposed by the court and to the
supervision of a Probation Officer.
2. Parole
- A conditional release from prison of a convicted

person upon service of the minimum of his


Indeterminate Penalty.
3. Pardon
- A form of executive clemency which is exercise

exclusively by the chief executive.


- May be given Conditional or Unconditional (Absolute)
Agencies of the Govt. charged with
Correctional Responsibility
1. Bureau of Jail Management and Penology (BJMP)
2. Bureau of Corrections (BUCOR)
3. Board of Pardon and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub Provincial Jail
Note:
It should be remembered that adult Criminal
Justice System is not applicable to minors instead
it should be Juvenile Justice System under R.A.
9344 as amended.
 Imprisonment
-Is the commitment to the Institution, to the
Prison, Confinement, Custody, Detainment in
custody, held in captivity, held in restraint, in
Custody, In Jail, Incarceration, Interment, Keep
behind the bars, kept as Captive, kept in
Detention.

- Is defined as the act of confinement of a person


in prison, restraint of One’s personal liberty,
forcible abduction of a mans person or his
movements.
Constitutional limitation of the Govt. to
punish criminal.
 Legal rights against unlawful Imprisonment or
detention.

- One of the most protected rights of an individual


is his right to liberty.

- This is expressly provided under 1987


Constitution, which state that “ No Person maybe
Deprived of Lives, Liberty and Property without
due process of law”.
- Considering that the constitution is not a self
executing law.

- The Revised Penal Code (Criminal Law) provide


punishment not only to public officers violating
this constitutional right of an individual.

- But also to private person/individual as well who


committed a Crime in Violation of the Law and
Felonies on Special Laws (City Ordinances, PD,
R.A.).
Difference between Arbitrary Detention from
Illegal Detention
 Arbitrary Detention under Article 124 of RPC

- Unlawful Detention of a person committed by


Public Officer or Officials.

- Includes delay in the delivery of detained person


to proper judicial authority under Article 125 of
the same code.
- It is sufficient that a public officer or employee
without legal grounds detains a person, hence it
is important elements is detention without any
legal ground.

- In delay in detained person to proper judicial


authority, the detention is with some legal
grounds.

- However it became unlawful only when the


public officer or employee shall fail to deliver
such person to proper judicial authority within
the period prescribed by Article 125 of the RPC.
The Prescribed period under Article 125

1. 12 hours for Crimes or offenses punishable by


Light penalties.
2. 18 hours for crimes or offenses punishable by
Correctional Penalties.
3. 36 Hours for crimes or offenses punishable by
Afflictive or Capital Penalties.

Illegal Detention under Article 267-268 RPC

 Unlawful Detention of a person committed by a


Private person.
Unlawful Arrest under Article 269
elements.
1. That the offender arrest or detains another
person.

2. That the purpose of the offender is to deliver


him to the proper authorities.

3. That the arrest or detention is not authorized


by law or there is no reasonable ground thereof.
 Considered legal grounds for detention of any
person;
1. Commission of Crime
2. Violent Insanity or any other ailment requiring
compulsory confinement in a hospital.

Note;
1. Under the Govt. exercise of Police power, those
person who are infected of contagious diseases
may likewise be separated to the rest of the
population. (Covid 19 Pandemic)
Inmate/Detainee
 Is a person committed to jail/prison by a
competent court or authority for any of the
following reason;
1. To serve a sentence after conviction.
2. Under Trial
3. Under Investigation
Notes;
 The court is said to be competent when it has

the jurisdiction to try and decide a particular


case over the Person and Subject Matter.
 Requisites for a valid exercise of Criminal
jurisdiction

a. There must be a jurisdiction over the subject


matter.
b. There must be a jurisdiction over the
Territory.
c. There must be a jurisdiction over the person
accused.
 Aside from courts there are other authorities

that can commit a person to jail like the Board


and commission and even police authorities
within limited periods.
General Category of Inmates
1. Sentenced Prisoner
- Are persons who are convicted by final judgment

of the crime charged against them.


2. Detention Prisoner (Detainee)
- Are persons who are detained for the violation of
law and ordinance and has not yet convicted.
3. Persons held for Investigation or Safekeeping.
 Safekeeping

- Is the temporary custody of a persons or


detention of a person for his own protection or
care, to secure him from any harm, danger or
injury.
When Judgment of conviction in Criminal Case
becomes Final

1. After the lapse of the period perfecting an


appeal which is 15 days.
2. When the sentence has been partially or totally
satisfied or served.
3. When the accused expressly waives in writing
his right to appeal.
4. When the accused applies for probation.
Classification of Sentence Prisoner
1. Insular Prisoner
- Is a person who is sentenced to served a prison term of 3
years and 1 day or more and is also known as National
Prisoner.

2. Provincial Prisoner (Detainee from Province)


- One who is sentenced to a prison term of 6 months and 1

day to 3 years.

3. City Prisoner (Detainee from City)


- Is a person who is sentenced to serve to a prison term of 1

day to 3 years.

4. Municipal Prisoner (Detainee from Municipality)


- Is a person who is sentenced to serve a prison term of 1 day
to 6 months.
Inmates Security Classification
BJMP CLASSIFICATION BUCOR CLASSIFICATION

1. HIGH RISK INMATE 1. SUPER MAXIMUM SECURITY

2. HIGH PROFILE INMATE 2. MAXIMUM SECURITY

3. ORDINARY INMATE 3. MEDIUM SECURITY

4. MINIMUM SECURITY
SUGGESTED ALTERNATIVES FOR
DETENTION & IMPRISONMENT
 Wideruse of Bail and other approved
methods of released from custody.

 Elimination from the jail and prison of those


who should be elsewhere like those mentally
ill and juveniles.

 Payment of fines instead of imprisonment if


penal laws permit.
Used of the delayed sentenced
 This is a procedure which permits an
incarcerated inmate to pursue his normal job
during the week and return to jail or prison
facility to served sentence during non working
hours.

 In the Philippines delayed is not being applied.

 Extensive used of community based correction


approaches like Probation, Parole and
Conditional Pardon.
Chapter 2- History of Punishment
 The earliest form of Punishment is Death,
Maiming (Wound or injured by someone) &
Banishment.
 The jail was introduced in the Medieval Europe

as a place of confinement of person arrested and


undergoing trial and for those convicted of
minor offenses such as;
a. Drunkenness
b. Gambling
c. Prostitution.
1. Death
- A penalty imposed by the court to the Criminal were

the Maximum Sentence Served for PDL is 40 years.


2. Life Imprisonment
- A penalty imposed by the court to the Criminal were

the Maximum Sentence Served for PDL is 30 years.

3. Corporal Punishment,
- The infliction of Physical Pain upon a persons body as

punishment for the Crime like


1. Flogging
2. Beating
3. Branding
4. Blinding
5. The Use of Stock and Pillory
1. Flogging
- A type of punishment in which the Criminal is hit
repeatedly with a “Whip or Stick”.
2. Branding
- A type of Punishment in which the Criminal is

mark a branding Iron.


3. Beating
- A type of punishment or assault in which the

victim is hit repeatedly.


4. Blinding
- A type of punishment or assault in which the
victims/Criminals Eye is being Gouge.
 Convicted offenders were chain and send to the
galleys to man the ships of war.
 England, France and Spain used Transportation

System of Punishment
- By indenturing their convicts to penal colonist
were they served as Slave until they completed
their service of sentence.
 Transportation of offenders to Penal Colonies

was practiced by European Countries that had


acquired distant colonies because of the need to
import labor into these colonies.
 Banishment were still the penalties for offenses

which today punishable by Life Imprisonment.


Chapter 2- Punishment
 Is a means of social control.
 It is a device to cause people to become cohesive

and to induce conformity.


 It is the infliction of some sort of pain on the

offender for violating the law.


 Penalty

- Is imposed as for transgression of law or any


pain, penalty , forfeiture or confinement imposed
by the court for a wrong doing.
Early codes
1. Babylonian and Sumerian Codes
 Lex Taliones “An Eye for an Eye”, “A Tooth for a

Tooth”
 Code of King Hammurabi (1750 B.C.)

- 500 years before the covenant. Enacted by King


Hammurabi the 6th Babylonian King.
- The partial copies exist on a human sized stone and

various clay tablets.


- The code consist 282 Clauses/laws.

- With scale punishment adjusting “An eye for an Eye”


“A Tooth for a Tooth” as graded on social status of
Slaves versus Freemen
2. Crime and Sin
- “Get Right with God”, directed that the offender must

make peace with god through repentance and


atonement.
- The early codes even the 10 Commandments were

designed to make the offenders punishment acceptable


to both society and god.
3. Roman and Greek Codes

a. Justinian Code (6th Century After Death)


- The legal code which is the basis for any modern system

of civil law.

b. Code of Graco in Greece


- is a concept of “Public Good” is more important than
individual injury or vengeance.
Notes;
3. Holy Inquisition
– An Ecclesiastical Tribunal established by pope
Gregory IX for the suppression of Heresy.
- Emperor Frederick II made the inquisition a
formal Institution in 1224 and lasted until 1834.
 The main contribution of the medieval church in

the history of correction is the concept of


Freewill (Good or Evil).
Ancient Form of Punishment: Punishment of
Primitive Society
 Death Penalty (Capital Punishment)

– Sentencing a convicted person to death of


Hanging, Burning, immersing in Boiling Oil,
Feeding to wild animals and Barbaric Ways.
Origin of Capital Punishment (Death
Penalty)
 Since the earliest societies, capital punishment
w/c are often referred to as the Death Penalty,
has been used as a method of Crime Deterrence
since the earliest societies.
 Historical records show that even the most

ancient primitive tribes utilized method of


punishing wrongdoers, including taking their
lives, to pay for the crimes they committed.
1. Murder
 most often warrants this ultimate form of punishment.

“A life for a life” has been one of the most basic


concept for dealing with crime since the start of
recorded history.
 Is Punishable under Article 247 of the Revised Penal

Code as Any person who shall kill another shall be


punished by Reclusion Temporal/Perpetua as Minimum
Period to Death as maximum.
 Elements

1. Means REA (Criminal Intent)


2. ACTUS REUS (On Purpose or Criminal Act)
3. Concurrence (The Intent and Act must occur
simultaneously)
4. Causation (the act must directly relate to the
outcome)
5. Harm (Death must be the Result)
3 Elements of Crime
1. Actus Reus
2. Means Rea
3. Concurrence
4 Elements of Offense of Homicide (Art. 249 RPC)
4. A person was Killed
5. The Accused killed him without any Justifying
Circumstances.
3. The Accused had the Intent to Kill
4. The killing was not attended by any of the
Qualifying Circumstances of Murder, Parricide.
 As tribal societies developed into social classes
of People according to
1. Noble,
2. Middleman and
3. Slaves
- The humankind created its own self government
republic, capital punishment became a common
response to a variety of crimes including sexual
assault, Treason and various military offenses.
 Written rules were created to notify the people

about the penalties they would face for


participating in any of these misdeeds.
 One of the earliest documents that supported
the Death Penalty contained 282 clauses that
were collected by the Babylonian king
Hammurabi including the theory of “An Eye for
an Eye” a “ Tooth for a Tooth”.

Several others ancient documents supported


capital punishment including the “Jewish of
Torah”, the Christian Old Testament”, “Writings
of the Athenian Legislator named Draco”
- who proposed the death penalty for a large
variety of misdeeds in Ancient Greece.
1. The Jewish of Torah
- Both Oral & Written established many laws
including the Ten Commandments which dictate
the Jewish life.
- They teaches how God wants choose to live.
- It contains 613 Commandments and Jews refer
to the 10 Best known.
- The Torah is written in Hebrew and considered
as the Oldest language. It is also known as the
“Torat Moshe or the law of moses”.
- The Torah contains Narratives, Statement of law,
statement of ethics.
- Collectively these law called Biblical Laws or
Commandments, sometimes laws of Moses.
What are the laws of Torah
 The Ten Commandments
1. You shall have no other God beside me;

2. You shall not make your self a sculptured image or


any likeness.
3. You shall not swear falsely by the name of the lord
your god.
4. Remember the Sabbath day and keep it holy.

5. Honour your father and your mother.

6. You shall not commit adultery.

7. You shall not steal

8. You shall not commit Murder

9. You shall not bear false witness against your


neighbor
10. You shall not covet.
 Moses also received an explanation of the Torah
of God known as the “Oral Torah”, which is
recorded in Mishnah ( Is the earliest repetitive
body of Jewish Oral Law).

 The covenant receives assured that the Jews that


if they followed these Rules, God protect them
from harm “Do Everything the Lord has said”.

 Moses considered to be very important in Jewish


teaching because he led the chosen people to
the Promise Land and received the Laws that
binds Jews with God.
Why is it Important to study the Torah?
- This practice is present to an extent in all

Religious branches of Judaism and is considered


paramount of importance among Religious Jews.

- The study of Torah is “Equal to all” of Honoring

1. One’s Parent,
2.Performing Deeds of Loving kindness and
3. Bringing Peace between people.
- Torah has 5 Books including
a. Genesis, d. Exodus
b. Numbers e. Leviticus.
c. Deuteronomy,

 While the Bible has a total of 66 Books out which


a. 27 New Testament and
b. 39 Old Testament.
- The Talmud also teaches that there are some

laws called the “ Noahide Laws” that apply to all


people not just jews, which include Murdering
and Not Committing Adultery.
 In U.S. (Capital punishment has existed since the
founding of the Original Colonies and was utilized for
a large number of crimes including
a. Burglary d. Counterfeiting
b. Murder e. Arson
c. Treason
 In 1791 American constitution amended for the 8th

time purposely to “Prohibit any form of Punishment


considered Cruel and Unusual”.
 By the late 1800 Century employees of Tomas Edison

- Introduced the electric Chair to accomplished the

goal.
- Later in the 1970’s Lethal Injection entered the foray

as another option.
Some forms of Death
1. Death by Sawing
- Was the act of sawing

or cutting a living
person in half, either
sagittal (usually
midsagittally), or
transversely.
- Was a method of
execution reportedly
used in different parts of
the world. Different
methods of death by
sawing have been
recorded.
2. The Garotte Death
 Photos is a 1901
execution of a prisoner at
OBP in Manila Garotting
was outlawed in the
Philippines In 1902.
 Garotte was used in spain

for 100 of years .


 Is an efficient means of

Execution by asphyxiation
(Lack of Oxygen).
 The victim was tied to a

stake and a loop of rope


was placed around his/her
neck.
 Then a rod in a loop was

turned until it tighten


choking the victim.
3. Death by Guillotine
- Conceived in the late
1700’s.
- a machine with a heavy

blade sliding vertically in


grooves, used for
beheading people.
- This is one of the 1st

methods of execution
created under the
assumption that Capital
punishment was intended
to end life rather than
inflict pain.
4. Premature Burial,
- Also known as live burial,

burial alive, or
vivid sepulture
. means to be buried while
still alive..
- Animals or humans may be

buried alive accidentally on


the mistaken assumption
that they are dead, or
intentionally as a form of
torture, murder, or
execution.
- It may also occur with
consent of the victim as a
part of a stunt, with the
intention to escape
5. Death by Hanging
 used mainly in England.

 Considered as one of the

most brutal forms of


execution ever devised.
 3 parts

a. 1st the victim is tied to a


wooden framed and
Dragged to the location
of their execution.
b. They were then hang
until there dead.
c. Immediately after
hanged their abdomen
was open and then
entrails (Intestine) were
removed.
6. Electric Chair
- Is an execution method
originating in U.S. in
which condemned person
is strapped to a specially
built wooden chair and
electrocuted through
electrodes placed on the
head and leg.
- This was conceived in
1881 by a Bufallo, new
York Dentist named
Alfred P Southwick & was
developed as a humane
alternative to hanging.
1. WILLIAM FRANCIS KEMMLER
- The 1st person in the world to be executed by

Electric Chair in 1890.


- He was an American Peddler, Alcoholic and
Murderer.
2. WILLIE FRANCIS
- He was sentenced to Death as a Juvenile offender

by the state of Lousiana for the Murder of Andrew


Thomas (A pharmacy owner who once employed
him.
- He was executed in 1947 who survived the Electric

Chair Execution.
Reprieved
- Suspension of the execution of sentence thru
Death Penalty an order coming from the president of
the Republic.
3. MARCELO SAN JOSE
- Last person executed by Electric Chair in 1976.
4. June 25, 1924
- 1st imposition of Electric Chair in the Philippines

up to 1999.
- Claiming 92 Lives including Lethal Injection Law

5. LEO ECHEGARAY
- Is the 1st person executed under Lethal Injection

Law.
- It was on February 05, 1999
- 3 Chemicals used for Lethal Injection Potassium

Chloride, Pancuronium Bromide, Sodium


Thiopental
R.A. 7659
- An Act to impose the Death Penalty in the
Philippines.

R.A. 9346
- An Act Prohibiting the Imposition of Death
Penalty of June 24, 2006.

Complex Crimes/ Heinous Crimes


- Single Acts constitute to Two or more Offences
or Crime.
7. Firing Squad
- Sometimes called
“Fusillading” (from the
French Fusil, Rifle).
- Is a method of Capital

Punishment particularly
common in the military
and in times of war.
- It is composed of
several military
personnel or Law
Enforcement officers.
Before the introduction of Firearms
A. Saint Sebastian
- Bows and Crossbows were often used is usually depicted

as executed by a squad of Roman Auxiliary Archer in


around 288 A.D.

B. King Edmund
– Bows and Crossbows were often used the martyr of East
Angilia by some account was tied to a tree and executed
by the Viking Archers on November 20, 869 or 870 A.D.
Note:
-Death Penalty per se does not violate the constitutional
against Cruel, Degrading and Unusual punishment.
- If it involves torture or a lingering death but the
punishment of death is not cruel and within the meaning
of the word used in 1987 Philippine Constitution.
8. Corporal Punishment
(Physical Torture)
 Like Flogging Torture,

Beating, Mutilation, and


blinding are among the
means of corporal
punishment.
 Flogging otherwise
known as Whipping
became a common
punishment in a
western Civilization.
9. Wheel Methods
- Were adopted to many as

torture use.
- They could part of a
stretching rack then
pushing it down to a rocky
hill side.
 A method involve a wheel

mounted to an A frame that


allowed it to swing freely
and the victim are tied to
the wheel.
 One of the most horrible

wheel tortures was akin to


crucifixion, the victim
would have the bones in all
four limbs broken in to
places by strike from an
iron bar.
10. Public Humiliation
or Shamming
- The purpose of this

was to put the


offender to shame.
- This was affected by

the used of
a. Stocks or Pillory,
b. Branding
c. Docking Stools
d. Shaving of the Hair
Brief Origin of Banishment
 The 1st major innovation in 18th Century penal
practice was the substantial expansion of the
use of transportation by England.

 17th Century many convicts were transported it


was done at their own expense or at the
expense of the merchants ship owner.
1718
 – The 1st Transportation allowed by the court to

sentence felons guilty of offenses subject to the


benefits of Clergy to 7 years Transportation to
America.
1720
- A further statue authorized payments by the

state to the merchants who contracted to take


the convicts to America.

- It also allowed those guilty of Capital offenses


and pardoned by the king to be sentenced to
transportation, and established returning from
transportation as a capital offense.
1776
- transportation Halted by the outbreak of war

with America although the convicts continue to


be sentenced to transportation.

 Male convicts were confined to hard labor in


Hulks on the Thames (its so dark), while women
were imprisoned.

Transportation resume in 1787


- With a new destination “Australia” , this was seen
as a more serious punishment than imprisonment,
since it involve exile to a distant land.
In the early 19th Century
- A revision of the Criminal Law, Transportation
for life was substituted as the maximum
punishment for several offenses which had
previously punishable by death.
 Opposition to Transportation mounted in 1830’s

- With complaints that it failed to deter crime, did


not lead to the reformation of the convicts and
that conditions in the convicts colonies were
inhumane.
 Since then the number of convicts sentenced to

Transportation becomes declined in the 1840’s.


Penal Servitude Act of 1857
– Transportation was theoretically abolished.
 Banishment or
Transportation
- This is sending or
putting away of an
offender which was
carried out either by
prohibition against
coming into a
specified territory.
- Prohibition against
going outside a Siberia Exile of Criminals
specified territory
such as island to
where the offender
has been removed.
Contemporary forms of Punishment
1. Imprisonment
- The most common form of punishment.
- Putting the offender in prison for the purpose of

protecting the public and at the same time


rehabilitating by requiring the latter to undergo
Institutional Treatment program.
2. Payment of Fines
- This is the most common to violation of minor
offenses, However there are crimes were fines are
imposed with imprisonment.
3. Parole
- Is defined as a procedure by which prisoner are

selected for release on the basis of individual


response the progress within the Correctional
Institution and service by which they are
provided the necessary control and guidance as
they served the remainder of their sentence
within the free community.
4. Conditional Pardon
- Executive Clemency power to be exercise
exclusively by the Chief Executive/President.
- The imposition of condition is likewise within the

discretion of the President.


5. Probation
- It is a procedure under which an accused found

guilty of a crime is released by a court with


conditions and subject to the supervision of the
Probation officer conduct (PSIR) within 45 days
submit report to the court w/ recommendation.
6. Death Penalty
- Sentencing a convicted person to death especially

to those who were convicted of heinous crime.


7. Corporal Punishment
- Physical torture as punishment short to death
penalty are still practice in other states but not
here in the Philippines because of the
Constitutional prohibition for such imposition.
8. Banishment
- Otherwise known as Transportation, this is

carried out by sending or putting away of an


offender either by prohibition against coming
into a specified territory.
- or a prohibition against going outside a
specified territory such as island to where the
offender has been removed.
9. Community Service
- Like payments of fines this is commonly
imposes to those simple infraction of laws.
Justification of Punishment
A. Retribution
- Personal Vengeance
B. Expiation or Atonement
- Group Vengeance

C. Deterrence or Exemplarity
- Imposing Penalty to Deter

Criminality.
D. Protection or Social Defense
- Shown by its Inflexible severity to

Recidivist and Habitual Delinquent.


E. Reformation
- As shown by the Rules which

regulate the execution of the Penalties consisting in


Deprivation of Liberty.
Theories Justifying imposition of Penalty
(Punishment)
1. Prevention Theory
- The state must punish the criminal to prevent or

suppress the danger of the state arising from the


criminal act of the offender.
2. Self Defense Theory
- The state has the right to punish the criminal as

a measure of self defense so as to protect


society from the threat and wrong inflicted by
the criminal.
3. Reformation Theory
- The object of Punishment is to serve as an

example to deter others from committing


crimes.
4. Justice Theory
- The crime must be punished by the state as an
act of retributive justice a vindication of absolute
right and moral law violated by the criminal.
Constitutional Provision for the imposition of the
penalty
 Section 1: Article III of the 1987 Philippine

Constitution is the main provision in the


prescribing limitation for punishment.

 “ No Person shall be deprived of Life, Liberty or


Property without due process of law Nor shall be
denied the Equal Protection of the Laws”.
(PRELIMINARY COVERAGE EXAM)
 Considering that the imposition of punishment, a person maybe
deprived of Life, Liberty or Property, the constitution requires the
Observance of the 2 Constitutional Guarantees;

1. Due Process of Law


2. Equal Protection of the Laws.

Judicial Conditions of the Penalty;

1. Must be Productive of Suffering


- Without however affecting the Integrity of Human Personality.

2. Must be Commensurate with the Offense


- Different crimes must be punished with different penalties.

3. Must be Personal
- No one should be punished for the crime of another.
4. Must be Legal
- It is the consequences of judgment according to

law.
5. Must be Certain
- No one may escape its effect.

6. Must be Equal to All


7. Must be Correctional
Other Consequences of Punishment
1. Punishment through imprisonment often
Isolates the criminal causing in him a stigma and
develops in his person a strong resentment of
authority.
2. It may develop caution on part of the Criminals
for their illegal activities to avoid punishment to
be imposed by the government if caught.

3. Constructive efforts of the Government may


not be appreciated causing lack of respect for the
law, lack of Patriotism and Lack of Self Respect.
Factors that contribute to make punishment a
least effective means of Reducing Crime.

1. Over severity of punishment may arose public


sympathy for the offender.

2. Those persons most likely to be imprisoned are


already accustomed to experience deprivation and
frustrations of goals routinely in daily life.

3. It is impossible to fashion a practical legal


“Slide Rule”, which will determined exact degrees
of Retribution appropriate for the list of crime
ranging from Simple Theft to Murder.
4. The simple application of naked coercion does
not guarantee that the subject of its force will
alter their behavior to conform to new legal
norms or to improved their norms previously
violated.

5. The possibility of Deterrence varies with the


chances of keeping the particular type of crime
secret and consequently of avoiding social
Reprobation.
Exemptions from Punishment
 Not everyone found violated penal laws will be

subjected to punishment. Under Article of the


RPC as amended,

 The following are the enumerated circumstances


which exempt a person from Criminal Liability.
1. An imbecile or an insane person, unless the
insane person has acted during lucid interval.
2. A minor under 14 years of age considered as
Child At Risk (CAR) . 15 years old & above but
below 18 years old is considered as Child In
Conflict of the Law.
3. A minor over 15 years of age but not under 18
unless he acted with discernment are considered
as Child in Conflict with the Law (CICL).

4. Any person who, while performing a lawful acts


with due care, causes an injury by mere accident
without fault or intention of causing it.

5. Any person who acts under the compulsion of


irresistible force.

6. Any person who acts under the impulse of


uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act
required by law, when prevented by some lawful
or insuperable cause.
Note:

 There are also person exempt from the


operation of our criminal laws by virtue of the
principles of public international law.

 This persons are sovereign and other head of


states, Ambassadors, Minister, Plenipotentiary,
Charge’s De Affairs.
Schools of Thought in Correction
Pre-Classical Theory
1. Secular Theory of Punishment
- Focuses on the Demand for Religion and predicts

that religion will decline as societies develop.

- They Rejected Religious Principles in Health Care so


that Treatments like Birth Control, Euthanasia and
Abortion.

A. The 1st person who attempted to explain crime is


“Aristotle”, an Athenian Philosopher and wrote the
Book Nicomedian Ethics.
B. In his books “Nicomedian Ethics”
- Emphasize how spiritual growth can be achieve
only by working on your yourself everyday,
– He discussed that Philosophy of Corrective
Justice.
- According to him Punishment is a means of

Restoring the Balance between Pleasure and


Pain. Whereby the loss suffered by the victim is
compensated by the suffering of the offender.

- Restoring the Balance between the Injured and


the Transgressor.
2. Judean Christian Theory
- This theory adhered that the Punishment has a

redemptive purpose of repelling sin advocated


by the Devil.

- This Theory was at its fullest development


during the Death of Christ in 30 A.D.

3. The Rise of Canonical Courts (Church Court)


- In a History a system of Trial and Punishment

was established in the 4th Century A.D.


 The Rivalry existed between Church and state in
trying defense.

 In the early Christian Era the church forbid its


adherence to resort to state court.

 Later in the Medieval period the power of the


State Court declined.

 The power of Canonical Court (Christian Court)


was mainly reformatory in purpose.
4. Individual Punishment
- The law makers and judges had the practical

task of making and administering law not only


in the light of such theories of free will and
responsibility but also face to face with the
indignation of the community at a particular
offense.
5. Abuse of Judicial Individualization
- The law gave judges wide discretion to impose

additional penalties in view of the


circumstances.
- This Theory gave the Judges Tyrannical a power

which lead to abuses and class discrimination in


the administration of Justice arose.
Classical School of Thought
- This Theory considered man as a free moral agent
therefore he is responsible for his acts.

- This Theory came about as a direct result of 2


Influences;

1. It came about as a protest against the abuses of


Discretionary Power of Judges.

2. Influence by the school of French Philosopher and


writer ROUSSEAU and his writings contain in his
book “Social Contract Theory”.
- Says that people live together in accordance with the
agreement that established the Moral and Political
rules of Behaviour.
1. Cesare Bonesana Beccaria

- Published in his book entitled “Crime and


Punishment” in 1764.

- Protested against Cruelties and Inequalities of


the law. The courts during that time.

- He suggested that it is the Legislature not the


court must determined the exact punishment
appropriate to each crime.

- No Discretion has been left to the Judge.


 Beccaria’s Protest was directed against the
following;
1. Arbitrary Penalties given by the Judge
2. Uncertainty and Obscurity of the Laws.
3. Defects in Criminal Procedure in admission of
Testimonies.
4. Secret Accusations
5. Torture
6. Incrimination of Witness
7. Long Pending Cases
8. Abuse of Power against the Poor
Advantage of Classical School:
9. Easy Administration
10. Elimination of Arbitrary Sentence
Disadvantage of Classical School
1. Unfairness
- Men are treated equally without regard to

differences in individual natures of the


Circumstances.
2. Punishment is not Individualized
3. Professional Criminals may calculate the risk of
commission of the offense.
4. Focused on the Injury as the result of crime not
the state mind and nature of the Criminal.
5. it is more Idealistic than Realistic.
Neo Classical School of Thought
- The principles of Classical school remained intact
but the system defined and variable punishment
between the Maximum and Minimum Fixed by law.

Significant contribution of Neo Classical School


1. Exempting Circumstances
2. Reduction of Punishment for Partial freedom of
the will only partial punishment (before -Ticket
of Leave). (today -Bail)
3. Punishment Mitigating for lack of Full
Responsibility.
4. It represents the reaction against the Severity of
the Classical theory of equal punishment
irrespective of Circumstances.
Positive School of Thought (Italian School)
- Defined individual responsibility and reflective

essentially Non Punitive reaction to crime and


criminality.
- Since the Criminal was held to be not
responsible for his acts, he was not be
punished.
- The adherence of this school maintained a crime

as any other act is a natural phenomenon.


The Three Holy Father of Criminology;
1. Cessare Lombroso
2. Enrico Ferri
3. Raffaelle Garofalo
There are 3 great Classes of Theory
1. Born Criminals or Atavism)
- Criminal Behavior is base on Biological Factor or
Innate from them.
2. Insane Criminal (Idiots (Stupid Person), Imbecile
(Low IQ), Dementia (Impairment of Memory),
Paralysis.
- Mental Illness or Disease that makes it
impossible for a defendant to know they were
committing a crime.
3. Criminaloids ( Not born with physical stigma
but who are of such mental make up that they
display anti social conduct. Psychological Defect
not Physical)
2. Enrico Ferri
- Published in 1878 the “Theory of Imputability

and Denial of Freewill” and “Criminal Sociology in


1884.
- He contributed to emphasized the Social Factors

1. Physical Factors
- Including Geographical climate and Temperature

2. Anthropological
- Including Psychological.

3. Social
- Including Economic and Political Factors as well
as Gender, Education and Religion.
3. Raffaelle Garofalo

- According to him crime can be understood only


as it is studied by scientific methods.

- The Criminals is not a Free Moral agent but it is


the product of circumstances.

- He traced the Roots of Criminal behavior to


Psychological equivalents to Stigmata called “
Moral Anomalies”.

- Likewise Natural Crimes found in all society


regardless of the views of Law makers and No
Civilized Society can afford to disregard them.
 These are 5 among the Beliefs of Garrofalo
regarding Natural Crime and Peculiarities of
Offender;
1. Peculiarities
– Means that particular characteristics that place
offender at risk for Criminal Behavior.
2. Extreme Criminals
- Execution of Punishment
3. Impulsive Criminals
- Imprisonment for Punishment
4. Professional Criminals
– Punishment is “Elimination” either by Life
Imprisonment or Transportation to a Penal Colony.
5. Endemic Criminals
– Controlled through changes in the Law.
 Modern Clinical School

- It Studies the Criminal rather than the Crime.

- This is school is interested primarily in the


personality of the Criminal Himself in order to
determined the conditioning circumstances that
explain his criminality and in order to obtain
light upon problem of how he should be handle.
Chapter 3: Development of Correctional Concept and
Standards
Development of Prison

- Prisons grew as substitute of


a. Transportation,
b. Exile,
c. Public Degradation, particularly “Corporal Punishment
d. Death Penalty”.

- In U.S. prisons were 1st established and abolished


Corporal Punishment because of the provision of the
Pennsylvania Reform Law of 1790 using Imprisonment
of Criminal.
-
A. Penitentiary

- Referred to a place where crime and sin maybe


atoned for and penitence produced.

Early Prisons

1. Mamertime Prison
- An early place of confinement in Rome I 64 BC
using primitive Dungeons Built.
1. Mamertime Prison

2. Securing Sanctuary
2. Sanctuary
- Asylum that place the wrong doer in seclusion or

arrest in cities followed by Christian church.

- Since the time of Constantine placing the


wrongdoer in Seclusion to create an atmosphere
conducive to penitence is common.

- This form of Imprisonment was modified into


more formalized places of Punishment within the
walls of monasteries and abbeys.
 The traditional American prison uniform,
consisting of horizontal black and white stripes,
originated at the Auburn prison.

 The prisoners had their heads closely cropped


and walked in lockstep, keeping step with their
heads bowed.

 Each prisoner placed a hand on the shoulder of


the man in front of him to maintain a rigid
separation
Constantine Seclusion
B. Early Workhouse
1. Bridewell
- A workhouse created for the employment and

housing of London “Riff Raff” in 1557.


- It was based on work ethic and followed by the

breakup of Feudalism & increase immigration of


Rural Population to urban areas.
Early Cellular Prison
1. Maison De Force
- A Belgian workhouse for Beggar &

Miscreants designed to make a profit


By an enforced pattern of hard work with both
discipline and silence.
- “If a man will not work, neither let Him eat”

2. Hospicio De San Michelle


- A Correction facility designed for

Incorrigible boys and youth included


Silence, Large work areas, and
separate sleeping Cells.
- Both Expiation and Reform were

Intended Goals.
3. Wallnut Street Jail
- Originally constructed as

Detention Jail in Philadelphia


created by the Quakers.
- It was converted into a Street

Prison and became the 1st


American Penitentiary.
4. Auburn Prison System
- Established in 1819 and the main feature of this

prison system is the confinement of the


prisoners in single cell at night and congregate
work in shops during the day.
- A prison model consisting of small individual

cells, large work area for group labor and


enforce silence.
 Constructed in 1816 as Auburn Prison,
- it was the second State Prison in New York (after
New York City's Newgate, 1797–1828),
- The site of the first execution by electric chair in
1890,
- And the namesake of the "Auburn system"

 A correctional system in which prisoners were


housed in solitary confinement in large
rectangular buildings.
 And performed penal labor under silence that

was enforced at all times.


 The prison was renamed
the Auburn Correctional
Facility in 1970.

 The prison is among the


oldest functional prisons in
the United States.

 In its early years, the prison


charged a fee to tourists in
order to raise funds for the
prison.
 Eventually, to discourage
most visitors, the fee was
increased
 In contrast with the purely reformatory type
prison instituted in Pennsylvania, the
Philadelphia System introduced by the Quakers,
the "Auburn system" modified the schedule of
prayer, contemplation, and humane conditions
with hard labor.

 Prisoners were compelled to work during the


day, and the profit of their labor helped to
support the prison.

 Prisoners were segregated by offense;


additionally they were issued clothing that
identified their crime.
There was a communal dining room so that the
prisoners could gather together for meals, but a
code of silence was enforced harshly at all times
by the guards.
Thus the inmates worked and ate together, but
in complete silence. At night the prisoners were
keptElan
Warden in Lyrd
individual cells (even though the original
plan called for double cells)
 Wardens/Superintendents
 The warden was an administrative position
appointed by the
New York State Commissioner of Correction.
Currently, the heads of all New York State
correctional facilities are termed “Superintendent"
1. William Britten (warden) (?-1821) 1816 - 1821. He
was a master carpenter and builder of the prison. He
became the first warden.
2. Elan Lyrds (1784–1855) 1821 - 1825 (first term).
He was also a principal keeper.
3. Gershom Powers (1789-1831) 1825
4. Levi Lewis (warden) 1834 - 1836.
5. John Garrow (warden) 1836 - 1838.
4. Elan Lyrds (1784–1855) 1838 - 1839 (second
term).
5. Noyes Palmer 1839 - 1840.
6. Robert Cook (warden) 1840 - 1843.
7. Matthew R. Bartlett 1867 - 1869, 1.5
executions.
8. W. F. Doubleday 1843 - 1845.
9. Hiram Rathbun 1845 - 1846.
10. David Foot (warden) 1846 - 1848.
11. Edward L. Porter 1848 - 1849.
12. James E. Tyler 1849 - 1851.
13. Thomas Kirkpatrick (warden) ? - 1862
15. Charles F. Durston July 1887 to May 1893, 2
executions.[11]
16. James C. Stout (1843-1901) May 1, 1893 -
February 1, 1897, 5 executions.
17. J. Warren Mead February 1, 1897 - February
1, 1905, 14 executions.
18. Charles K. Baker (acting) Feb. 1, 1905 - Dec.
15, 1905, 1 execution.
19. George W. Benham December 15, 1905 - May
26, 1913, 24 executions.
20. Charles F. Rattigan May 26, 1913, to May 1,
1916, 9 executions.
21. Brigadier General Edgar S. Jennings 1929.
22. Frank Lamar Christian 1929 (acting warden) following riots in
December 1929.
23. John L. Hoffman 1930. He had a heart attack while in office
and retired.
24. Frank L. Heacox (1876-1953) 1930 (acting warden).
25. John F. Foster 1944 - 1950.
26. Robert E. Murphy 1950 - 1963.
27. John Deegan (warden) 1969 - 1971.
28. Harry Fritz (warden) 1971 - 1974.
29. Robert J. Henderson 1974 - 1989. (as Warden)
30. Hans G. Walker 1989 - 2002. (as Superintendent)
31. John W. Burge 2002 - 2006. (as Superintendent)
32. Harold D. Graham 2006 - 2018. (as superintendent).
33. Timothy McCarthy 2018 - March 10, 2022. (as
Superintendent)
34. Joseph E. Corey March 17, 2022. - Present (as
Superintendent)
Pennsylvania Prison System
- Established in 1812 and this prison system
requires solitary confinement of the prisoners in
their own cells day and night, where they lived,
Sleep, received religious instructions and read the
bible and given a work.
- an early prison system requiring inmates silence,
individual cells and inmate labor in those cells.
- This prison system aroused great International
interest. It was adopted by 2 States Rhode Island
& New Jersey.
 William Penn
- is the Founder of the Pennsylvania and a system
of justice that required compensation of victims
and repentance to restore the offenders gods
grace.
- Is also a leader of the Quaker who brought the
concept of more Humanitarian treatment of
offenders to America, Italy and through influence
and such advocates of Becaria and Howard.
- “The Great Law” – body of laws of the Quaker
that saw hard labor as a more effective
punishment than Death penalty for Crimes and
One that demanded the compensation to
victims.
Age of Enlightenment & Reforms
 A philosophical movement of the 18th Century
marked by Rejection of Traditional, Social,
Religious & Political ideas and emphasis on
Rationalism.
1. Charles Montesquieu (1689-1755)
- In his Essay Persian Letter, he use his mighty pen

to bring the Public attention the abuses of


Criminal Law.
2. Voltaire (1694-1778)
- Involved a number of trials that challenge the
Old ideas of legalized torture, Criminal
responsibility and Justice.
3. Jeremy Bentham (1748 – 1832)
- Argued that the Crime rate would go down if

the amount of Punishment were carefully


calibrated to deter potential offenders and
maximized pleasures.
- conceived the idea of “Hedonistic Calculus” ,
his arguments that the main objective of an
Intelligent person is to maximized pleasure,
while minimizing pain.
- It was believed that the Individual Behavior

could be influence in a Scientific manner.


Important Persons in Reformatory
Movement
1. Manuel Montesinos
- He was the Director of Valencia Spain in 1835,
who divided prisoners into companies and
appointed prisoners as petty officers in charge.
- Allowed the reduction of inmate sentence to 1/3
for Good Behavior (GCTA), offered Trade training
(Skills) to prepare the convicts for his return to
society.
- We are celebrating NACOCOW (National
Correctional Consciousness Week)
2. Domets of France
- An Agricultural colony for

Delinquent boys in 1839,


providing house father as In
Charge of these boys.
- He concentrated on Re –

Education (ALS) upon their


discharge, the boys were
placed under Supervision of
Patron.
TASTM
– Time Allowance for
Studying,Teaching,Mentoring
& 15 days P/Month
3. Alexander Macanochie
- As Superintendent of the Penal Colony at Norfolk Island

in Australia in 1840.
- He introduced a humane system known as the “Mark

System” (Pennsylvania Prison) good behavior,


achievement, Thrift, Segregate work and his goal was to
encourage reform by placing prisoners in control of their
own destiny as ticket of leave.
- Today R.A. 10592 or GCTA Law (TASTM)
- Wherein the prisoner was required to earned a number

of marks based on proper department,


Labor.
- Study in order to be entitled to a “ticket of leave” of

conditional release which is similar to parole, pardon,


probation or executive clemency.
Irish System (Auburn Prison)
- 3 phases solitary confinement, congregate system ,
good behavior.
4. Sir Walter Crofton
- He was the Director of the Irish Prison in 1854, who

introduced the Irish System, which was later on


“Progressive System”.
5. Zebulon R Brockway
- He was the Superintendent of the Elmira Reformatory

in New york in 1876, who introduced a new


Institutional Program for Boys 16 to 30 years of age.
R.A. 11928 Creation of Heinous Crime Facility.
6. Sir Evelyn Ruggies Brise
- He was the director of the English prisons who

opened the Borstal Institution after visiting the Elmira


Reformatory in 1897.
- The Borstal Institution today considered as the Best

Reformed Institution for young offenders.


- This system was based entirely on the Individualized

Treatment.
Golden Age of Penology
Significant events during the Golden Age
1. 1870
- The National Prison Association (NPA) now American

Correctional Association (ACA) was originated and its


1st Annual congress was held in Cincinati, Ohio. Today
International Correction Prison Administration (ICPA)
- In this congress the association adopted a
“Declaration Principles” so modern and
comprehensive in scope that when it was Revised in
the prison congress of 1933.
- Since its founding the association was held annual

congress of corrections was taken an active


leadership in reform movements in the field of crime
prevention and treatment of offender.
2. 1972
- The 1st International Prison Congress (IPC) was

held in London.
- It was attended by representative of the
Government of the united States and European
countries.

- As a result the International Prison and Penal


Commission (IPPC) an Inter Governmental
Organization was established in 1875 with NHQ
at Haque Netherlands.

- The IPPC is held every 5 years.


3. 1876
- The Elmira Reformatory which was considered as the

Forerunner of the modern penology was opened in


Elmira new york in 1876.
- The features of the Elmira is featured a training school

type of the Institutional program and extensive use of


parole. Today NBP- UPHDALTA System (School) within
the medium security camp.
4. Indiana and Massachusetts
- The 1st Institution for women were Established.

5. 1910
- It was generally concede that the reformatory system in

the United States was Failure in practice.


6. 1930
- The Reformatory idea was revived as the direct result of
the Revamp of the Educational Program of Elmira
Reformatory.
Industrial Prison Movement
- This consisted in the operation of the Industry

inside the Penal Institution in order to support


the maintenance of prisons especially during the
economic depression that hit the United states
wherein almost every prison was converted into
factory and manufacturing articles such as
prison made were sold in open market for Profit.
Example
- Male Prisoners Thread Mill Sheds and
- Female Convicts at work in Brixton Prison.
Period of Transition (1935-1960)

1. ALCATRAZ
- Also known as the “Rock.”

- A Super Maximum Security facility Island prison for

Inmates in San Francisco Bay California and part of the


Federal Bureau of Prison.
- It was built in 1934 it was seen as the answer to the

outrages of such desperate Criminals as;


a. Al Capone
b. Robert Stroud (Birdman of Alcatraz)
c. Bonie and Clyde
- It was closed due to a very expensive prison to maintain.

2. James Van Benschoten Bennet


- A Penal Reformer & prison Administrator who served as
the last Director of Alcatraz from 1937 to 1964.
2. Lock Psychosis
- Term denoting over concentration of prison

administrator with security and community


protection to be accomplished through extensive
use of locks, headcounts and internal control of
inmates.
- 4 counts of PDL Per Day Reveille, Turn Over,

Noon Count and Taps Physical Headcount


formation.
3. Convict Bogey
- Irrational Fear of prison inmates who can only be
managed through headcount, locking and
recounting.
 Classification Movement
a. The movement for modern correctional reforms
stated with the reorganization of the Federal
Prison System in 1930.
b. Placing the penal Institution of the United states
under the centralized jurisdiction of the Federal
Bureau of Prisons, Recruiting professionally
trained and accentuating Institutional
Rehabilitation programs.
c. After the 2nd World War the US Southern States
undertook a Progressive Penal Reforms.
In 1944
- The California Prison System was recognized which

include the establishment of the Prison.


- The institution were classified according to program

specialization and degree of custody if inmates.


Chapter 4; Bureau of Jail Management &
Penology
1. Jail
- An Institution for the confinement of person who are
awaiting final disposition of their criminal case and
also those convicted and punished with shorter
sentence.
Origin of Jail
- The jail is said to have originated in medieval England.
- When Henry II order the Sheriff of Bedfordshire in each
of the Institution spread throughout England in 1166.
- Originally conceived as the place for detaining
suspected offenders until they could be tried.
- The Jails eventually came to serve the dual purpose of
Detention and Punishment.
United Nation Standard Minimum Rules for the
Treatment of Prisoners
- Adopted by the UN Congress on the prevention
of Crime and the Treatment of offenders held at
the Geneva in 1955.
- Approved by the Economic and Social Council
organ of the united nation by its Resolution
dated July 31, 1957 and May 13, 1997.
 The concept of the English Jail was brought to the
colonist soon after the settlers arrived from the Old
world.
 The Jail was used to detain those awaiting trial and

awaiting punishment.
Types of Jail in General
1. Lock Up
- Is a Security facility for the temporary detention of

person held for Investigation or waiting preliminary


hearing.
2. Ordinary Jail
- Houses both offenders awaiting court action and

those serving short sentence usually up to 3 years.


3. Workhouse
- Jail farm or Camp Houses Minimum Custody
offenders serving short sentence with constructive work
programs.
Type of Jail based on Inmate Population
1. Type A
- With population of 100 inmates or more.

2. Type B
- With population of 21-90 inmates.
3. Type C
- With population of 20 inmates or less.

Types of Jail Based on its Jurisdiction


1. Municipal Jail – 1 Day to 6 Months
2. City Jail – 1 Day to 3 years
3. District Jail- 1 Day to 3 Years
4. Provincial Jail – 6 Months & 1 Day to 3 years
 The BJMP also referred to as the “Jail Bureau”
- Was created pursuant to Section 60, R.A. 6975 and initially

consisting of Uniformed Officers and members of the JMP


SERVICE CONSTITUTED UNDER PD 765.
 Origin of BJMP
January 02, 1991
- BJMP was created thru R.A. 6975.
- As line Bureau of the DILG.
- the Jail bureau is upgraded version of its forerunner of the

office of the JMP of the Defunct PC-INP.


- As mandated under R.A. 6975 shall operate under the

DILG.
- Starting from Scratch with 500 personnel in 1991.
- The BJMP Weaned its mother unit PC- INP as a mere

component to become a Full Pledge Bureau.


Director Charles Mondejar
- Took his on Oath of office on July 01, 1991 as the 1 st Chief

of the BJMP.
 Mission of the Bureau
a. The jail Bureau shall direct, supervise and
control the administration and operation of all
district, city and municipal jails to affect a
better system of Jail Management Nationwide.
 Power of the Jail Bureau

a. Shall exercise supervision and control of all


district city and municipal jail to ensure a.
Clean, B. Sanitary and C. Equipped Jail for the
Custody and Safekeeping of City and Municipal
prisoner.
b. Any fugitive from Justice or persons detained
awaiting investigation or Trial or transfer to
national penitentiary & any violent Mentally ill
person who endangers himself or the safety of
others.
 Function of the Jail Bureau
a. Formulate Policies and guidelines on the
Administration of all District and municipal jail
nationwide.
b. Formulate and Implement policies for the
programs of correction, rehabilitation and
treatment of offenders.
c. Plan and Programs funds for the subsistence
allowance of offenders (Compensation
Allowance) and conduct researches develop
and implement plans and programs for the
improvement of jail services throughout the
country.
d. Computation of Preventive Imprisonment (CPI)
 Organization of BJMP under R.A. 6975
a. The Jail Bureau shall be headed by the Chief
Executive/Jail Director who shall be assisted by
a Deputy Chief/Assistant Jail Director.
b. Shall be composed of city or Municipal jail each
headed by a Warden.
c. Provided that in the Large Cities &
Municipalities a District Jail with subordinate
jails headed by a district warden maybe
established as necessary.
Organization and Key Position of the BJMP under R.A. 9263
a. The BJMP shall be headed by a Chief 2 Star General.
b. Assisted by Deputy Chief for Administration and
Operation all of whom shall be appointed by the
President upon the Recommendation of the Secretary of
the D.I.L.G. from among qualified officers with at least
the rank of Senior Jail Superintendent.
c. Dir. General (4 Star), Dep. Director General for
Operation (3 Star), DDG Administration 3 Star) & DDG
Reformation (3 Star), - BuCor
Notes;
1. In no case shall any officer who has retired or to be
Retired with 6 months from his/her compulsory
retirement age shall be appointed as Chief of Jail
Bureau.
2. The Chief of Jail Bureau shall served a tour of duty not
to exceed of 4 years.
3. BJMP is under the DILG.
GENERAL PRINCIPLES OF BJMP
1. It is the obligation of the Jail authorities to
confined inmates safety and provide rehabilitative
programs that will negate criminal tendency and
restore positive values to make them productive
and law abiding citizen.
2. No procedure or system of Correction shall
deprived any inmate of hope for his return to the
fold of the law and full membership of the society.
3. Unless proved otherwise any person accused of
criminal offense shall be presumed innocent and
his rights as a free citizen shall be respected.
Except for indispensable restraint during
confinement in the interest of justice and public
safety.
4. Inmates are human beings entitle to the same
basic rights and privileges enjoyed by citizen in
free society except the exercise of this rights are
limited and controlled for security reasons.

Note:
Under the Recent ruling of the Comelec detainees
are allowed to exercise their votes.

5. Health preservation and prompt treatment of


illness or injury are the basic of every person
confined in jail. It is the duty of the jail
authorities to arrange for their treatment subject
to security measures.
6. Members of the custodian force shall set
themselves as an example by performing their
duties in accordance with the rules and shall
respect the laws duly constituted authorities.
7. No jail personnel shall abuse, insult or use
indecent language to the inmates.
8. No jail personnel shall use unnecessary force
on inmates except legitimate self defense or in
no case attempted active passive physical
resistance to lawful order.
9. No penalty shall be imposed upon any inmate
for violation of rules/regulation unless in
accordance with the duly approved disciplinary
procedures.
10. Penalties to be imposed shall not be cruel,
inhuman or degrading and no physical
punishment shall be employed as a correctional
measures.
11. Members of the custodial force must
understand that inmates need treatment and
counseling and the primary purpose of
confinement is Safekeeping and Rehabilitation.
12. When conducting routine custodial (in
dormitory compound) guarding Ration of 1 : 7 for
every 7 PDLs.
13. When an inmate is in transit the Ration 1:1+1
every inmate shall be observed.
14. In case of High Risk inmate demand extra
precaution. Additional guards shall be employed.
Jail Position and Corresponding Ranks
POSITION RANK R.A.6975 RANK R.A. 9263

1. Municipal Jail Warden Senior Jail Inspector Senior Jail Inspector

2. City Jail Warden Senior Jail Inspector Senior Jail Inspector

3. District Jail Warden Chief jail Inspector Jail Superintendent

4. Provincial Jail Warden Jail Superintendent Jail Superintendent

5. Asst. Reg. Director Jail Superintendent


For Administration
6. Asst. Reg. Director Jail Superintendent
For Operation
7. Regional Chief of Jail Superintendent
Directorate Staff
POSITION RANK R.A.6975 RANK R.A. 9263

8. Regional Director of At least Jail


JMP Superintendent

9. Director Directorate At least Jail Chief


NHQ Superintendent

10. Deputy Chief for Chief, Jail


Administration of the Superintendent
Jail Bureau
11. Deputy Chief for Chief, Jail
Operation of the Jail Superintendent
Bureau
12. Chief of the Chief, Jail
Directorial Staff of the Superintendent
Jail Bureau
13. Chief of the Jail Jail Director (2 Star)
Bureau GEN. RIVERA
Jail offices and Operating Units; Duties &
Responsibilities & Function
a. Office of the Warden
- Is responsible for direction, Coordination and

Control of the personnel, the inmates and the


programs of the Institution.
Offices under the Warden
1. Intelligence and Investigation Team
- Collates and submit Intelligence information to

the warden on the matters pertaining to Jail


conditions.
2. Jail Inspectorate Section
- Inspect the jail Facilities, the personnel and
Prisoners/Detainees and submit reports of
deficiencies noted.
3. Public Relation Office/PCR/Anti Red Tape Act
(ARTA)
- Task with the maintenance of good public

relations to obtain the necessary and adequate


support of the public.
 Office of the Assistant Warden
- He undertakes the development of a systematic

process of the treatment for his individual


inmates and determines the degree of custody
for such individual in his capacity as chairman of
the classification board.
- he is also automatically serve as chair of the
disciplinary board.
- Security Classification (Min., Med & Max)
Under the control of the Assistant Warden
1. Classification Board
- Is tasked with the gathering and collating of

information and other data of every prisoner into a


case study to determine the work assignment.
Type of supervision and degree of custody and
restriction under which an offender by the inmates.
- Good Conduct Time Allowance R.A 10592- Local
(Management Screening & Evaluation Committee)
2. Disciplinary Board
- Hearing disciplinary cases involving violation of jail

rules and regulation by the inmates.


- Prison Disciplinary Dormitory (PDD)/Prison
Preventive Cell (PPC)
- Board of Summary Hearing (BOD)
 Administrative Group
- charge of all administrative function of Jail.

1. Personnel Management Branch


- Task for the assignment, procedures of
selection, preparation of personnel reports and
individual records files.
2. Records and Statistics Branch
- Keep and maintain booking sheet and arrest

reports, keep an orderly record of fingerprints,


photographs prepare and present statistical
data.
3. Property and Supply Branch
- Take charge of the safekeeping of equipment
and supply, materials needed for the operation
of jail.
4. Budget and Finance Branch/
-Takes charge of all financial matters such as
Budgeting, Financing, accounting and auditing.
5. Mess Service Branch/70 pesos per day
- Prepare the daily menu and cook food and serve

to the inmates.
- BAC Bids & Awards Committee

6. General Service Branch/Diversified Maintenance


Unit (DMU)
- Maintain and repair jail facilities and equipment.

It is also tasked with cleanliness and


Beautification of the compound.
7. Mittimus Service Branch
- Received court decision and compute the date of
the full completion of the service of sentence.
 Commitment Order
- Is a warrant issued by the court bearing its seal

and signature of the judge directing the jail


warden or prison authorities to received the
convicted offender for service of sentence
imposed therein.
Security Group
- Provides a system of sound custody, security

and control of inmates and their movements and


also responsible to enforce prison or jail
discipline.
a. Escort Section/ STAR Team (BJMP), SOAR
(BUCOR), SWAT Unit (PNP)
b. Subpoena Section
1. Escort Section
- Produce inmates under proper guard, to
prosecutors authority upon proper summons.
Transfer the prisoner to penal institution on
proper order of the court or authority.
2. Subpoena Section
- Receives, Distributes, and or serves subpoenas,

notices and orders summon and other court


process directed to the inmates confined in jail.
Note:
Contraband
- Is described as any item found on the inmate
possession or in his dormitory or cell that is not
authorized by the rules.
3. Custodian Section (operation)
- Conduct regular custodial function over the

inmates.
4. Admitting and Releasing Unit/Prison Overseer
- Part of the Security Platoon. It is tasked with

receiving of person committed to the jail and


the proper release of prisoners who have served
prison sentence or are released on order of
competent courts or authority.
Process of Admitting Person in Jail
1. Booking
2. Identification
3. Property Receiving & Safekeeping
4. Briefing
Rehabilitation Group
- Provides services and assistance to prisoners
and their families to enable to solve their
individual needs and problem arising from the
prisoners confinement.
1. Medical and Health Services
- Provides medical and physical examination of

inmates upon confinement, treatment of sick


inmates and conduct psychiatric and
psychological treatment.
2. Work and Education Therapy Services
- In charge with the job and educational programs
(ALS) needed for rehabilitation of inmates by
providing them job incentive so they can earn and
provide for their families while in jail.
3. Socio Cultural Services
- It takes care of the social casework, study of

individual prisoners by making interviews, home


visit, referral to community resources, free legal
services and liaison works for inmates.
4. Chaplaincy Services
- It takes charge of the religious and morals

upliftment of the inmates through religious


services.
- This branch caters all religious sect.

5. Guidance Counseling Services


- Responsible for the Individual and group
counseling activities to help lead a wholesome
constructive life.
Chapter 5 Commitment, Reception and
Treatment of Inmates in Jail
 Commitment
- The entrusting for the confinement of an offender

to jail by competent court or authority for


Investigation, Trial and or Services of Sentence.
The following are Authorized to commit a person in
Jail
1. Supreme Court & Court of Appeal- Appellate
2. RTC, MTC, MCTC, MTCC, METROTC - Triable
3. Board of Transportation & COMELEC
4. Deportation Board & National Prosecution Service
5. Police Authorities.
Reception Procedure in Jail
1. The jail Desk officer shall carefully check the
credentials of the persons bringing in the
incoming inmate to determine his/her authority.
2. He shall examined carefully the arrest report and
the authenticity of the inmates has been
committed under legal authority as provided for by
section 3 Rule XIII of Rules of Court.
3. The admitting Jail officer shall search carefully the
incoming inmate for weapons & other contraband.
4. The admitting jail officer or jailer shall take all the
cash and other personal property from the inmate.
list them down on the receipt duly signed by the
jail officer and countersigned by inmate.
5. All cash and other valuables of inmates must
be turnover to the trust fund officer or property
custodian.
6. The inmate shall be photograph and
fingerprinted (6 Fingerprint Classification
Primary, Secondary, Sub-Secondary, Final, Major
& Key Classification).
7. The admitting officer or jailer shall
accomplished jail booking report in 4 copies
attaching thereto the photograph of the inmate
to be distributed as follows.
a. BJMP Central Office
b. Regional Office
c. Provincial Administrator Office
d. Jail Files.
8. The newly admitted inmate shall be thoroughly
strip search followed by careful examination of
his clothing for contraband.
9. The Jail physician or local health officer shall
immediately conduct a thorough medical
examination of the inmate.
10. Upon completion of the Reception procedure
the inmate shall be assigned to his confinement.
11. Full credit for the preventive imprisonment
shall commence from the date of the Agreement.
(Credit of Preventive Imprisonment)
 Classification Board
- Conduct background Investigation of inmates to

determined the work assignment, type of


Supervision and degree of custody and
restriction under which an inmate must live in
jail.
 Deputy Warden – Chairman
 Members

a. Chief Custodial/Security Office


b. Medical Officer/Public Health Officer
c. Jail Chaplain
d. Inmate Welfare and Development officer
e. Inmates Representative (Inmates Custodial
Aide (ICA) or Inmates Complaint and
Information Assistance Center (ICIAC)
Disciplinary Board (BOD)
- Shall be organized and maintained by jail for the

purpose of hearing disciplinary cases involving


any inmate who violate jail rules and regulation.
 Deputy Warden – Chairman
 Members

a. Chief Custodial/Security Office


b. Medical Officer/Public Health Officer
c. Jail Chaplain
d. Inmate Welfare and Development Officer
e. Inmates Representative
 Disciplinary Sanction
- Inmates are human being and still entitle to Human rights
except for those rights being limited or deprived as a
consequences of detention or imprisonment.
Disciplinary Board of Procedural Process
1. Reprimanded or Warned
2. Temporary or Permanent Cancellation of some of
Recreational privileges.
3. Cancellation of visiting privileges
4. Extra fatigue duty
5. Close confinement in a separate cell, which shall not
exceed 7 days in any calendar month provided that the
punishment shall be imposed only in the case of an
incorrigible inmate. (PDD)
6. Forfeiture of GCTA to be earned for the month and
subsequent months depending upon the gravity of the
offense.
Treatment of inmates with special needs
- As a General Rule inmates with special needs

should not be held in jails with other regular


inmates.
Female Accommodation
1. The women’s quarter should be fully separated
from the Male quarters.
2. All handling and supervision of female
offenders/detainees must be done by female
jail staff.
3. In larger Jail services may be provided by a
resident matron who shall keep the keys to the
women quarters and should be available at any
time.
4. No male offender shall be allowed to enter the
women’s quarters.
5. Only work suitable to their age and physical
condition should be assigned to female inmates.
Note:
a. There shall be a special accommodation for all
Pre-natal care and Treatment, Arrangement
shall be made whenever practicable for child to
be born in jail, this fact shall not be mentioned
in Birth Certificate.
b. Where Nursing infants are allowed to remain in
the Institution with their mothers, provision
shall be made for nursery staff by qualified
persons.
c. The inmate mother has the right to be with her child inside
the Institution until the child 1st year Birthday.
Drug Users/ Dependents
1. Inmate found to be drug dependents should be
segregated from other offenders specially during the
withdrawal period.
2. Close Supervision of Inmate should be maintained to
prevent attempts to commit suicide or Self Mutilation.
3. Only a qualified physician shall prescribed
sedatives/stimulants deemed necessary for the inmates
treatment.
4. Appropriate measures should be taken to enable inmates
to follow strictly the jail physician advise regarding diet
and other medical intervention/treatment during the
withdrawal period.
5. Conduct regular search of the inmate quarters and
maintained constant alertness to prevent smuggling of
narcotics and other dangerous drugs.
Alcoholics
1. Alcohol should be placed in comfortable
quarter separate from other offenders and
maintain close supervision to guard against
suicide attempts.
2. Any symptoms of Abnormal Behavior among
offenders should be reported to jail physician.
3. Close supervision should be maintained to
guard against the smuggling of liquor and
other intoxicating drinks or products containing
alcohol.
Mentally ill
1. The mentally ill should be under the close
supervision of a jail physician.
2. The mentally ill should be placed in the
individual cells and special restraint rooms
provided for violent cases.
3. Close supervision should be maintained to
guard against suicide attempts or Violent
attacks on others.
4. The mentally ill should be transferred to
mental Institution for proper psychiatric
treatment.
Sexual Deviates

1. The Homosexual should segregated


immediately to prevent them from influencing
other offenders or being maltreated or abused
by other inmates.

2. the other sex deviates likewise should be


separated from other inmates for closer
supervision and control.
Escape Prone Inmates
1. The Escape prone inmates should be held in
the most secured quarters, preferably in single
cells.
2. Their conduct should be closely supervised and
their actuations observed during and after
visiting hours.
3. Their quarters should be search frequently and
subject to frequent search.
4. Their Telephone calls should be restricted and
its use should be allowed only if monitored to
an extension.
Suicidal Inmates
1. The suicide risk prisoners/detainees should be
given close and constant supervision;
2. Search their quarters and premises for
tools/materials that can be used for suicide.
3. They should not be subjected to frequent strip
searches.
The handicapped, Aged and Infirm
4. The handicapped should be housed separately
and closely supervised to protect them from
maltreatment or abuse by offenders.
5. Special treatment should be given to these
prisoners who shall be required to work in
accordance with their physical capabilities for
their own upkeep to maintain the sanitation of
their quarters and surroundings.
Non Philippine Citizen Inmates
 The warden shall report in writing to the Bureau

of Immigration and their respective embassies of


the detained foreigners ;
a. The name of Jail
b. The name of the foreigner
c. His Nationality, Age, Sex, her Alien Certification
d. The offense Charged
e. Case Number
f. Court/Branch
g. Status of the Case.
Chapter 6: Jail Custody, Security,
Control and Discipline of Inmates
Concept of Jail
- The overall concept of Jail Security Operation

encompasses both prevention and rehabilitation.


- These 2 efforts are inseparable as neither can be

accomplished without the other.


Jail Security
- Is necessary to safeguard the live of people

residing within the vicinity, those managing the


Jails, and inmates who lives are to be
rehabilitated to become constructive members of
society.
Security and Control
1. Maintain strict control of firearm, never permit
any firearms inside the jail except in some
areas where firearms are authorized.
2. Maintain 24 hour supervision of inmate
3. Maintain a system of Key control which shall
include an accurate listing of all keys.
4. Secure firearms and anti riot equipment in the
armory where they shall be within easy reach
of the jail guard.
5. Supervise the proper use of tools and other
potentially dangerous articles such as bottles,
acid, kitchen knives and keep them away from
inmates when not in use.
6. Conduct regular inmates headcounts at least 4
times within 24 hours.
7. Conduct frequent surprise searches of inmates and
their quarters to detect contraband.
Note;
Operation Greyhound
- Surprise searches in BJMP

Galugad
- Surprise searches in BuCor

8. Conduct frequent inspection of security facilities to


detect tampering or detects.

9. Guard against escape or assault on jail personnel


and inmates disturbances.
10. Develop plans dealing with emergencies like
escape, fire assault and riots, make plans known
and understood by jail personnel.
11. Never allow a jail guard to open the inmates
quarters alone at least another guard should be
present.
12. Select carefully the inmates to be assigned as
orderly or aide and maintaining rigid control over
activities.
Inmates Count
- Is apart of constitutional procedure that at specified
times during each 24 hour period.
- All inmates are physically counted
- At least 4 times in a day Reveille, Turnover, Noon

Count and Taps Count Physical Headcount Formation.


Security Procedure during Meal Services
- Normally for every dormitory 1 PDL is assigned as

Ration Tender, 1 PDL is assigned for Viand


Distribution.
- PDL normally fall in line together with their mess kit

and waiting for their food to be served.


- For those PDL who are Christians, Muslim and other

Non Catholic Religion were given a Raw Ration


Privileges.
 Mail Censorship
 A mere personal source of knowledge outside are

tone down to the depressive mood that develops


when someone is shutoff from the outside world.
Procedures when Censoring Mails
1. Mail shall be secured until such time that the
censor are ready to examined them.
2. The inmate mail shall be opened and search
only if qualified, trained and authorized jail
personnel.
3. Letter containing Checks, Currency or money
should be marked with the amount enclosed
and deposited with the trust officer/Property
custodian.
4. All greeting cards should be carefully examined
and filters of any kind found therein should be
collected for laboratory examination.

5. Photographs clearly within the scope of the Jail


regulation and should be marked on the reversed
side and placed it in envelope.

6.Any item, corresponding, enclosure that does


not conform with the regulation and or
detrimental to security.

7. All outgoing mails pass through the normal


mail facility of the subject usual censorship.
8. All letters containing statement concerning the
security or reputation of the jail like attempts to
escape smuggling/trafficking of contrabands and
statement that may affect the rule and policy shall
be forwarded to the OIC of mail censorship.

9. All letters passed by censor should bear the


censor stamp at the top of each page and on the
envelope. The letters should be placed back to the
envelope and released.

10. A listing for every mail of an inmate should be


properly posted in a conspicuous place and this
will also form part records of the Jail.
11. If the inmate fails to claim his letter within 24
hours after it has been posted, the mail should be
deliver to him.

12. Contents of the offender mail should not be


discussed with other jail personnel except for
official purposes.

13. All outgoing mails shall pass through the


normal mail facility of the jail of the subject to the
usual censorship.
FIRE PREVENTION RULES
- Fire does not only cause financial loses but also

loss of lives and property.


- To prevent occurrence of Fire in Jail and Minimize

its effects if such occur.


- The following Rules

1. Inmates should be kept aware of the hazard


cause by the careless handling of cigarettes,
inflammable materials, fuel etc.
2. Fire Extinguisher should be placed in close
proximity to all housing units and should be
located in strategic place in buildings and work
area.
3. Empty drums and cans should be filled with water,
sand and placed in strategic area.

4. Keys to all emergency exits, cells, brigades and


storage places of firefighting equipment should be made
available. Such keys should have tags, marked distinctly
to avoid confusion during emergencies.

5. Portable floodlights should be available in the control


center for night fire.

6. Government equipment should be marked priority


tags or symbols to determine which should be first for
evacuation during an emergency.
Emergency Plans
 Emergency plans for fire or conflagration, riots or
violent disturbance, jail breaks and other such
occurrences should be formulated to suit the
physical structure and other peculiar to the
individual jail.
 Hence are suggested steps or activities, which

maybe considered for wardens planning. Fire


plan and like should become a part of the
operational plans, which every jail is expected to
maintain in the office files.
 It is important that each participant must know

his particular case.


Plans in Case of Fire or Conflagration
1.
1.
Fire crew consisting
Fire crew consisting of personnel
of Jail Jail personnel and
and inmates
inmates
chosen chosen
according according
to the degreeto the ofdegree of the
the custody,
custody,
intelligence,intelligence, interestshould
interest and training and be training
formed
should be to
and trained formed
man theand trainedtruck
firefighting to and
manthenthe
be
firefighting
made available truck and
at all then be made available at
times.
all times.
2. The person who are selected should be separately
2. The
housed person whoproximity
in closed are selected should
to the fire be
truck and
separately housedThey
other equipment. in closed
should proximity
be issued to the
special
fire truck and
uniformed otherfrom
different equipment. They
those of the should
inmates be
so that
issued specialchecked
they maybe uniformed and different
identified from
easilythose
when
of the inmates
outside the mainsocompound.
that they maybe checked and
identified easily when outside the main
compound.
3. At the first sign of the fire, the control center
shall immediately sound a pre arranged alarm
either by siren bell or any other means available.
At the same time it shall notify the fire
department, police headquarters and other units
that may help putting out a fire.

4. The desk officer or Persons In Charge of the


keys to the storage for firefighting equipment,
emergency gates and gates of different
cells/brigades should distribute the keys to the
responsible personnel concerned.
Plans for Riots & Violent Disturbances
1st Group • Compose the Initial Riot Assault Contingent .
• Whose main objective is to disperse the rioters & get
their leaders and shall be armed with wicker shields,
Protective headgears, gas mask and night sticks or
batons.

2nd Group • To serve as back up force to support the 1st group and
for this purpose shall be equipped w/ tear gas guns and
gas grenades.

3rd Group • To composed of Guards trained on proper handling and


use of firearms who shall be ready to fire when the lives
of the guards are in peril on orders of the Officer in
Command.
Plans for Other Emergencies
MAN MADE
NATURAL CALAMITIES CALAIMITIES/DISTURBANCES

1. Fire 1. Riot

2. Flood 2. Jailbreak

3. Earthquake 3. Noise barrage

4. Tsunami 4. Hostage Taking

5. Landslide 5. Epidemics

6. Typhoon 6. Food Poisoning

7. Volcanic Eruption 7. Rescue

8. Bombing

9. Power Failure
Movements/Transfer of Prisoners/Detainees
 Instances when Inmates may be brought out from
Jail
1. To appear as Witness or as Accused before any
court of justice or prosecutor office during
preliminary Investigation, arraignment or hearing
of a Criminal Case.
2. To appear as witness with leave of court in any
investigation or formal inquiry being conducted by
a government agency.
3. To view with leave of court the remains of a
deceased relative within the second degree of
affinity or consanguinity.
4. To undergo with leave of court medical
examination or treatment in an outside hospital.
Transfer of an Inmate to another Institution

1. An inmate maybe transferred to another Institution only upon specific


order of the court having jurisdiction over him except in cases of
serious illness where hospitalization is necessary and the detainee
immediately taken to the nearest hospital with the court subsequently
notified.
2. In emergency or compelling situation is necessary to ensure the safety
and security of the inmates and the personnel.

3. The warden shall recommend to the Regional Director verbally or in


writing immediate transfer.
Viewing of the Remains of the Deceased Relative
 The warden may request for Reconsideration from
the Court to Recall and disapproved such order upon
any of the following ground.

1.The deceased relatives is lying in State in a place


beyond 30 kilometers radius from the place of
confinement of the inmate or in any case, where the
inmate cannot return to said place during daylight
hours.

2. The detainee has a record of Escape.

3. The Detainee is classified as high risk/high profile


and the jail has inadequate resources to ensure his/her
safety and security.
 Before leaving the Jail for the authorized destination, the inmate shall turnover
to the warden such amount that maybe necessary to pay for his
transportation and meal expenses & those of the Jail officers escorting him.
Note:
 The following documents needed for the request of an inmate to view the

remains of a relative;
1. Death Certificate of the Deceased relative duly certified by the attending
physician or local civil registry.
2. Burial Permit
3. The appropriate certificate as indicated after the name of each deceased
relative;
a. Spouse – Marriage Contract
b. Child – Birth Certificate of the Deceased Child and Marriage Certificate of
the Inmate.
c. Brother or Sister – Birth Certificate of the Inmate, Death Certificate of his
Brother/Sister.
d. Father or Mother – Birth Certificate of the Inmate
e. Grandparent - Birth Certificate of the Inmate and his parent who is a
Son/Daughter of the Deceased.
f. Grandchild- Birth Certificate of the Deceased and the inmate son/daughter
who is the father or mother of the deceased.
Rules to be followed during Movement/Transfer of Inmate;
1. The responsibility for the security of the inmate
being moved/transferred shall remain with the
custodian until received by another custodian,
whenever possible transfer shall be made during
the day. Any movement of inmate shall be treated
confidentially.
2. Prior to the movement/transfer all Jail officer shall
be given detailed instruction on their duties and
responsibilities to include specific instruction that
the most direct route to destination must be
followed.
3. An inmate shall be move/transferred shall be
handcuff, when 2 or more inmates are transported
each must be secured to the other. In no case shall
an inmate be handcuff and secured any part of the
vehicle during transit to avoid being trapped in case
of accident.
4. Before any movement/transfer all inmates shall be
inspected and search for dangerous weapons or
object, which maybe used for escape or self
destruction.
5. As a general rule inmates under escort shall
always be under the watchful eye of the jail officer.
The jail officer shall always be close enough to the
inmate being escorted to be able to respond
effectively in case of emergency.
Basic Security precaution that shall be observed during the Transfer/
Movement of Inmates;
1. Do not allow Inmates to tinker (attempting to repair
something) with the Handcuffs;
2. Always ascertain that the inmate does not crippled,
deformed or very small hands that will allow him/her to slip
the Handcuffs off.
3. Regard all inmates being moved/transferred as extremely
notorious to avoid being careless
4. Adjust the handcuffs properly for tightness to avoid the
need of adjustment, while on route.
5. Do not allow an inmate to go to a toilet or wash room alone.
6. A jail officer shall always walk 1 step behind and never in
front of inmate. The inmate shall always precede the jail
officer into an automobile.
7. A Jail officer shall be extra careful not to sit, stand or walk
next to an inmate, while carrying a gun as it can easily be
grabbed for him.
8. Stopping along the highway, while in transit is highly
discouraged especially when moving/transporting inmates by
vehicle hired solely for the purpose.
9. Personal vehicle of the inmates shall not be used for their
movement/transfer.
Note:
 In case an inmate is moved transferred from 1 Jail to another

facility or correctional institution, his/her carpeta must be


forwarded to the Jail where he/she is to be confined and duly
received by the designated records custodian.
Chapter 7: The Bureau of Corrections
Origin of the Bureau of Correction

 Pre Colonial & Spanish Regime


 The informal prison was Community Based.
 No National Penitentiaries to speak of.
 Natives who defied or violated the local laws were meted
appropriate penalties by the Local Chieftain.
 Incarceration in the community was only meant to prevent the
culprit from further harming the local residents.
 1847 pursuant to Section 1708 of the Revised Administrative
Code – The formal prison system in the Philippines started only
during Spanish regime.
 1865 – formally opened by a Royal Decree.
 where the Old Bilibid Prison was constructed as the main
penitentiary in Oroquita Street, Manila and designed to house
the Prison population of the country.
 Carcel Correctional
– was designed to house 600 prisoners who were segregated according to
Class, Sex and Crime and can also accommodate 1,127 prisoners.
 Presidio Correctional

- Can accommodate 527 prisoners.

- The plans for the construction of prison were 1st published on 12 September

1859 but it was not until April 10, 1866 that the entire facility was completed.
- The prison occupied a Quadrangular piece of land 180 meters long on each

side, which was formerly apart of the “May Haligue State” in the heart of
Manila.
- It house a bldg. for offices and quarters of the prison warden and

a. 15 buildings or departments for prisoners that were arranged in Radial way to


form spokes.
b. The Central Tower were formed the Hub under this Tower was a chapel.
c. There were 4 cells for the isolated prisoners,
d. 4 isolated Bldgs.' located on the 4 corners of the wall, which serves as
Kitchen, Hospital and Stores.
e. The Prison was divided in the middle by a thick wall, ½ of the enclosed
space was assigned to Presidio prisoners and the ½ for Carcel Prisoners.
 1908 – concrete modern 200 Bed capacity hospital, as well
as new dormitory for the prisoners were added.
 A carpentry shop was organized within the confines of the

facility for a Fine workmanship of furniture made by the


prisoner.
 The sale of the Handicraft were done through the Institution

& Inmates were compensated depending on the availability


of funds.
 August 21, 1869 – the SRPPF in Zamboanga City was

established and confined Muslim Rebels and Recalcitrant


(Uncooperative Attitude) Political prisoners opposed to the
Spanish Rule.
 The SRPPF facility which faced the Jolo Sea had Spanish

inspired dormitories and was originally set on a 1,414


Hectares sprawling estate
The American & Commonwealth Government
 1900’s the American took over, the Bureau of Prisons was
created under the Reorganization Act no. 1407 dated 01
November 1905 as agency under the “Department of
Commerce & Police”.
 it also paved the way the Re-establishment of the SRPPF in

1907, which was destroyed during the the Spanish-American


War.
 January 1, 1915 SRPPF was placed under the auspices of

the Bureau of Prison receiving prisoners from Mindanao.


 Before the construction of SRPPF the American established

the Luhit Penal Settlement in 1904 Now( IPPF).


 The IPPF on a vast reservation of 28, 072 Hectares and

reach a total land area of 40,000 hectares in the late 1950’s.


 IPPF Located on the Westernmost part of the archipelago far
from the main town to confine “Incorrigibles w/ little hope of
Rehabilitation.
 The area expanded to 41, 007 Hectares by virtue of

Executive Order No. 67 issued by Governor Newton Gilbert


on October 15, 1912.
 November 27, 1929 –CIW Mandaluyong was created under

Act. No. 3579 to provide separate facilities for women


offenders.
 While on 1932 by virtue of Act No. 3732 the DPPF in

Southern Mindanao was opened.


Transfer of Bilibid to Prison Muntinlupa

 The increasing No. of committals to the Old Bilibid Prison, the


growing Urbanization of Manila & the constant lobbying by
conservative group prompted the government to plan and
develop a new site for the National Penitentiary, which was to
be the outskirt of the Urban Center.
 Commonwealth Act No. 67 was enacted appropriating 1

Million pesos for the construction of the new national prison


in the Southern suburb of Muntinlupa, Rizal in 1935.
 The old prison was transformed into a receiving center and a

storage facility for Farm produce from the colonies.


 November 15, 1940 all inmates of the Old Bilibid prison in

manila were transferred to the new site.


 The new Institution had the capacity of 3,000 prisoners.
 It was officially named as the New Bilibid prison on January

22, 1941.
 The prison reservation has an area of 587 hectares part of

which was arable (Suitable for growing crops).


 The prison compound had 300 x 300 meters or a total of

Nine Hectares.
 It was surrounded by 3 Layers of Barbed Wire Fence.
Development after World War II
 After WW2 there was surplus of Steel Matting in the Inventory
& it was to improved the security fences of the Prison.
 1941- Death Chamber was constructed at the rear area of the

camp, when the mode of the Execution was through


electrocution.
 In the late 60’s fence further reinforced with concrete slab.

 The original institution became the maximum Security

compound in the late 70’s housing not only Death convicts


but also Life Termer but also numerous pending cases and
those sentence to 20 years.
 1980’s – the height of the concrete wall was increased and

another facility was constructed 2.5 kilometers away from the


main bldg.
 This became known as Camp Sampaguita now known as
“Medium security camp”- which was used as military
stockade during the Martial law.
 Years after Minimum Security Camp was also established,

whose site was christened as “Bukang Liwayway”.


 Under Proclamation Act. No. 72 dated September 26, 1954

the Sablayan Prison & Penal Farm in Occidental Mindoro


was Established.
 Under Proclamation Act No. 1101 the Leyte Regional Prison

was also Established dated January 16, 1973.


The 7 Correctional Facilities
01. NEW BILIBID PRISON
 Location: Muntinlupa City
 Land Area: 551 Hectares
 Capacity : 9,007
 Year established: November 15, 1940

02. SAN RAMON PRISON AND PENAL FARM


 Location: Zamboanga City
 Land Area: 1,414 Hectares
 Capacity : 1,505
 Year established: August 21, 1870 through a Royal Decree promulgated in 1869

03 IWAHIG PRISON AND PENAL FARM


 Location: Puerto Princesa City, Palawan
 Land Area: Initially 28,072 Hectares expanded to 40,000 Hectares in late 1950’s
 Capacity : 911
 Year established: 1904
SUB COLONIES
 Central Sub Colony - land Area of 14, 700 hectares
 Sta Lucia Sub Colony - land Area of 9, 685 Hectares
 Montible Sub Colony - land Area of 8,000 Hectares
 Inagawan Sub Colony - land Area of 13, 000 Hectares
04. CORRECTIONAL INSTITUTION FOR WOMEN
 Location: Mandaluyong City
 Land Area: 18 Hectares
 Capacity : 1,000
 Year established: November 27, 1929 through R.A. 3579
05. LEYTE REGIONAL PRISON
 Location : Abuyog Leyte
 Land Area: 861 Hectares
 Capacity : 486
 Year established: 1972 by virtue of P.D. 28
06. SABLAYAN PRISON AND PENAL FARM
 Location: Occidental Mindoro
 Land Area: Approximately 16,190 Hectares
 Capacity : 1,065
 Year established: September 26, 1954 by virtue of Presidential Proclamation No. 72.

07. DAVAO PRISON AND PENAL FARM


 Location: B.E. Dujali Davao Del Norte
 Land Area: Approximately 30,000 Hectares
 Capacity : 3,500
 Year established: January 21, 1932 by virtue of Presidential Proclamation No. 72.
 Sub colony- JASC (Juan Acenas Sub Colony)
 CIW MINDANAO – satellite Prison facility under the Supervision & Direct of DPPF
Administration. It was inaugurated September 17, 2007
Non Operational National Prison
01. Fort Bonifacio Prison
 Committee report submitted to President Carlos P Garcia described
Fort Bonifacio formerly name as Fort William Mc Kinley.
 A military reservation located in Makati City.
 The prison was originally used as a Detention Center for Offender
of U.S. Military Laws and Ordinances.
 After liberation it was transferred to the Philippine Government.
 Instructed the Bureau of Prison to use the facility for the
confinement of Maximum Security prisoners for Political Offenders
until June 30, 1968.
 April 1969 Riot at the Muntinlupa Facility incorrigible prisoners were
transferred to Fort Bonifacio.
 During the Administration of President Diosdado Macapagal the
Fort Bonifacio was renamed as “Fort Andres Bonifacio”
 The Fort Andres Bonifacio continued to be a Satellite prison of the
National Penitentiary even after martial law was lifted.
 It was only on the late 1980’s that the facility was vacated by the
Bureau of Prisons.
02. CORREGIDOR PRISON STOCKADE
 1n 1908 during American Regime 100 prisoners were transferred
from the Old Bilibid Prison to Corregidor Island to work under Military
authorities.
 This move was in accordance with an order from the Department with
instructions so they could assist in the facilities maintenance
operation and stockade.
 The inmate were transported not to serve time but for prison labor
until outbreak of the WW2.
 After WW2 broke out prisoners on Corregidor were returned to Bilibid
Prison and the Island Prison was never reopened.
03. BONTOC PRISON
 The Philippine Legislature during American Regime passed Act. No.
1876 providing for the establishment of a prison in Bontoc Mountain
Province.
 The prison was built for the prisoner of the province and Insular who
were members of Non-Christian Tribes of Mountain Province & Nueva
Viscaya.
Purpose of Confinement in the National Penitentiary under the BuCor
a. To Segregate the Inmate from the Society
b. To Rehabilitate him so that upon his return to the society, he shall be
responsible and Law Abiding citizen.
Admission of Inmates to BuCor
a. Male Inmate - An inmate shall be admitted to Directorate for Reception and
Diagnostic formerly known as the RDC – purposely to Study, classify
inmates and detainees committed to the BuCor after the presentation of
the following documents;
 Mittimus/Commitment Order of the Court
 Information and Court decision of the case
 Certificate of Detention
 Certificate that the case is not on appeal
b. Female Inmate
 Shall be admitted only to the facility of Correctional Institution for Women.
 Mittimus/Commitment Order of the Court
 Information and Court decision of the case
Register the Inmates to the Registry Book Containing
 Name of the Inmate
 Reason for the Commitment and Authority thereof
 Sentence
 Date and Hour of Admission
 Date and Hour of Discharge or Transfer and basis thereof
After Registration of an Inmate

 He shall be Photographed front and side view


 Fingerprinted
 Assigned a permanent Prison Number
 He shall be given a regular haircut/beard and Mustache
 An inmate may not wear a Wig or Artificial hairpiece unless medical
authorization to do so is approved by the Superintendent.
 The admission of an inmate shall be made in an area that physically
separated from the General Population.
Upon Admission
 The inmate shall be search thoroughly
 These item shall be return to the inmate upon discharge
 However all items considered as contraband are permanently confiscated
 Inmate shall be issued two regulation Uniform shirts
 A blanket
 Mat
 Pillow with Pillow Case
 Mosquito Net
 Set mess kit
 Pair of Slippers
Quarantine Protocols of newly recommitted inmate
 Upon admission in the DRD, an inmate shall be placed in Quarantine for at least 5
days.
 He shall be given physical examination to determine any;
a. Physical Illnesses
b. Mental Ailment
 Purposely to segregate those suspected of having an infectious or contagious
diseases.
 If sound sick the inmate shall be immediately confined in the medical facility.
 Oriented with the Rules of the facility
 Interviewed in private by the counselor, social worker or other program staff
officers.
 The inmate remain for a period not to exceed 55 days to undergo Psychological,
Sociological, Vocational Education, Religious and other Examinations.
Security Risk Classification for BuCor Inmates
01. Super Maximum Security Prisoner
 For special groups of inmate composed of Incorrigibles and dangerous inmate
who are difficult to manage for being the source of constant disturbance in the
compound.
02. Maximum Security Prisoner
 For Dangerous or High Security risks inmates as determine by the
classification board who required a high degree of control and supervision.
Under this category are the following ;
A. Those sentenced to Death
B. Those whose Minimum Sentence is 20 years imprisonment
C. Remand inmates or detainees whose sentence are under review by the
Supreme Court or the Court of Appeals.
D. Those with pending case
E. Recidivist, Habitual Delinquent and Escapees
F. Those confined at the RDC
G. Those under Disciplinary Punishment
H. Those who are criminally insane or those with severe emotional disorder that
make them dangerous to fellow inmate and BuCor Personnel.
03. Medium Security Prisoner
 For inmates who cannot be trusted in less secured areas and those whose
conduct for behavior required Minimum Supervision. Under this category;
a. Whose Minimum Sentence is less than 20 years
b. Remand inmates or Detainees is less than 20 years and below
c. Those who are 2 or more records of escape, if they have served 8 years since
they were committed.
d. Those with 1 record of escape must serve 5 years
e. 1st time offender sentence to life imprisonment if they have serve 5 years in
the Maximum Security Compound upon recommendation from the
Superintendent.

04. Minimum Security Prisoner


 For those who can be reasonably be trusted to serve their sentenced under
less restricted condition such as;
a. With severe physical handicapped as certified by the Chief, medical service of
the Institution
b. Who are 65 years of age and above without pending case and whose
convictions are on appeal.
c. Who have only 6 months more to serve before the expiration of their
maximum sentence.
 Color of the Uniform
a. Tangerine/Orange – Maximum Security Inmates
b. Blue – Medium Security Inmates
c. Brown – Minimum Security Inmates
d. Gray - Detainees
The BuCor Act of 2013 R.A. 10575
REPUBLIC ACT 10575 Otherwise known as the BuCor Modernization Act
Purpose of this Act;
01. To promote the General welfare and safeguard the basic rights of every prisoner
incarcerated in National Penitentiary.

02. Recognized the responsibility of the state to strengthen government capability


aimed towards the Institutionalization of highly efficient and competent
correctional services.

03. To provide for the modernization, professionalization and restructuring of the


BuCor by upgrading its facilities, increasing the number of personnel, upgrading
the level of qualifications of their personnel and standardizing their base pay ,
retirement and other benefits, making it at par with the BJMP.

The BuCor Mandates


 The BuCor shall be In Charge of Safekeeping and Instituting Reformation programs to
National Inmates sentenced to more than 3 years.
Safekeeping of National Inmates
 Shall include decent provision of quarters, food, water and clothing in compliance with
established United Nations Standards.
 The Security of the Inmates shall be undertaken by the Custodial Force consisting of
Corrections officer with a ranking system and salary grades to its counterpart in the
BJMP.
Reformation of National Inmates

The following programs shall be instituted by the BuCor for the Inmates

 Moral and Spiritual Programs


 Education and Training Programs
 Work and Livelihood Programs
 Sports and Recreation Program
 Health and Welfare Program
 Behavior Modification Program include therapeutic Community
Note:
 The reformation programs shall be undertaken by professional Reformation
personnel consisting of Corrections Technical officer with the ranking system
and salary grades similar to corrections officer.
CORRECTION TECHNICAL OFFICER
 Are personnel employed in the implementation of Reformation programs
and those personnel whose nature of work require proximate or direct
contact with inmates.
 Corrections Technical officers include Priest, Evangelist, Pastor, Teachers,
Instructors, Professors, vocational Placement officer. Librarian, Guidance
Counselor, physician, nurses Psychologist, Psychiatrist. etc
Operations of the Bureau of Corrections under R.A. 10575

 A. the Bucor shall operate with a Directorial Structure. It shall undertake


through;
1. Directorate for Reception and Diagnostic (DRD)
2. Directorate for Security and Operations (DSO)
3. Directorate for health and Services (DHS)
4. Directorate for Reformation (DR)
5. Directorate for Administration (DA)
6. Directorate for External Relation (DER)
 B. The DRD
– Shall be responsible for the conduct of classification of each and every inmate
admitted to the BuCor.
- Included in the classification is determining inmates certain skills or talents,
physical, spiritual. Social, psychological and mental evaluation and the other
behavioral assessment.
- As reference of the DRD in the preparation of individual inmate reformation
program.
 C. Aside from those borne of the provision under Rule 8 part 1, Rules of
General Application of the United Nation Standard Minimum Rules for the
D. From theofDRD,
 Treatment the custodial
prisoners and thatforce & existing
of the Reformation personnel
regulation of BuCor
of the respective
on the
security Classification
Security institution/ camps shall beMedium
(Maximum, in charge for the security and
& Minimum)
implementation of the recommended inmate reformation program of each
and every inmate, while serving sentence.
 E. Directorate for External (DER) shall be responsible for the Pre Release and
Post Release programs of inmates due for release.
-The DER shall also classify inmates according to skills acquired for referral and
endorsement to appropriate companies or corporation participating in the
BuCor On the Job Training programs for the newly reformed inmates.
 F. Apart from handling inmates the BuCor shall administratively operate
like a standard government agency through its administrative directorates
with internal control audit units.
 G. The BuCor shall employ full computerization in the build up,
maintenance and transmittal of necessary inmate records to all its prison
and penal farm and other recipient agencies.
Facilities of the Bureau of Corrections
 The BuCor shall operate with standard and uniform design of
a. Prison facilities,
b. Reformation facilities
c. Administrative facilities
 Through the Operating Prison and Penal Farm
1. Dormitory
2. Administrative Building
3. Perimeter/Security Fences
4. Hospital/ Infirmary
5. Recreation/ Multi Purpose Hall
6. Training/ lecture Center
Supervision of the Bureau of Correction
 The DOJ having the BuCor as a line Bureau and a constituent unit, shall
maintain a relationship of administrative supervision with the latter as
defined under section 38 (2) except that the DOJ shall retain authority over
the power to review, reverse, or modify the decision of the BuCor in the
exercise of its regulatory or quasi judicial function.
Organization and key Position of the Bureau of Corrections
 A. The buCor shall be headed by a;

a. Director of Corrections
b. Deputy Director General for Administration
c. Deputy Director General for Operations
d. Deputy Director General for Reformation

 Who shall be appointed by the president upon recommendation by the


Secretary of Justice of the DOJ.
 Provided that they shall serve a tour of duty not to exceed 6 years from the
date of appointment.
 Provided further that in times of war or other national emergency declared
 B. The head of the BuCor
a. Rank of Undersecretary (USEC)- Shall have the position as D.G. of
Corrections.
b. The 2nd in Command with the rank of Assistant Secretary (ASEC)
c. The 3rd in Command with the Rank of Chief Superintendent
d. The 4th in Command with the Rank of Senior Superintendent
e. The 5th in Command with the Rank of Superintendent
 Increase of Personnel – Inmate Ratio and Manpower
-The BuCor shall remain the
a. Custodial Personnel to Inmate Ratio of 1:7
b. Reformation Personnel to Inmate Ration 1: 24
- Hence it is authorized to increase its manpower to meet such ratio and may
continue to increase personnel per percentage rate increase of committed
Qualification
inmates Standard
annually or as in
thethe Appointment
need arises. of the BuCor Appointment
1. A Citizen of the Repulbic of the Citizen
2. A person of Good Moral Character
3. Must have passed the Psychiatric/psychological, drug test, physical test
for the purpose of determining his/her physical and mental health
4. Must possess Baccalaureate Degree from recognized learning Institution.
6. Must not have been convicted by final judgment of an offense or crime
involving Moral Turpitude.
7. Must be al least 1.62 meters for Male, 1.57 m for Female
Philippine Correction Academy
 For sustain professionalism in the service, the BuCor is directed by R.A.
10575 to conduct study for the purpose of feasible establishment of the
PCA. Patterned after the Philippine National Police Academy (PNPA) and the
Philippine Military Academy (PMA)

 The BuCor shall continue training its personnel through training school,
which shall be renamed as Corrections Training School/ Institute pattern
after the BJMP Jail National Training Institute (JNTI) and PNP National
Training Institute. Appointment of BuCor Personnel
The appointment of the BuCor shall be effected in the following manner
a. Correction Officer 1 to Correction Chief Superintendent
– Appointed by the Director General of Corrections and attested by the Civil
Service Commission
b. Director General of Corrections & Deputy Director General of Corrections
Lateral entry of Officers in Bureau of Corrections
 In General all original appointment of officers in the BuCor shall
commence with the rank of Correction Inspector, wherein the applicants
for lateral entry into the BuCor shall include all those with highly
specialized and technical qualification such as but not limited to
a. Architect
b. Accountant
c. Criminologist
d. Dentist
e. Engineer
f. Nurses
Professionalization and Upgrading of Qualification Standard in the
g. Social workers
Designation others. of the BuCor to Key position
of personnel
 No person shall be designated to the ff key position of the BuCor unless 1
has meet the qualification set by R.A. 10575.
1. SUB COLONY SUPERVISOR – should have the rank of Senior Inspector, who
must have finished at least 2nd year Bachelor of laws or at least earned 12
Units of Masteral Degree program in Management, Public Administration,
Defense Safety, Criminology, Penology, Sociology, National Security
2. COLONY ASSITANT SUPERINTENDENT

– Should have the rank of Chief Inspector, who must have finished at least 2nd
year bachelor of laws or earned at least 24 Units of Masteral Degree Program..
3. COLONY SUPERINTENDENT
– Should have the rank of Superintendent or a Senior Superintendent , who must
be a graduate of Bachelor of laws, holder of a masters degree in management,
security administration, public safety, criminology.

- That the prison and penal farm with an inmate Population of 2,000 but below
3,000 Person Deprived of Liberty
4. Regional Superintendent
- should have the rank of Senior and or Chief Superintendent, who must be a
graduate of Bachelor of laws, holder of a masters degree in management,
security administration, public safety, criminology.

- That the prison and penal farm with an inmate Population of 3,000 but below
5,000 Person Deprived of Liberty.
ATTRITION SYSTEM FOR THE PERSONNEL OF THE BUCOR
- There shall be established system of Attrition for the personnel
of the Bucor
Within 5 years from the affectivity of this act.
- To be submitted by the Bureau to the DOJ for Approval.
ATTRITION INCLUDES THE FOLLOWING

a. Attrition by Demotion in Position of Rank


- Any personnel of the Bucor who is relieved and assigned to a
position lower than what is established for the Grade in their
respective staffing pattern and who shall not be assigned to
commensurate to a 1 Grade with 2 years after such demotion will
be retired from the service.

b. Attrition by Non Promotion


- Any personnel of the Bucor who has not been promoted for
continuous period of 10 years shall be separated or retired from
the service except for those occupying a 3rd level position.
c. Attrition by other means
- Any personnel of the BuCor with at least 5 years of
Accumulated Active Services shall be separated
from the Service based on the Following Factors.

1. Inefficiency based on the Poor Performance during


the last 2 years Successive Semestral rating period.

2. Inefficiency based on the Poor Performance for 3


cumulative Semestral rating period.

3. Physical and or Mental Incapacity to performs


One’s duty and function.
4. Failure to complete the required career courses
and or appropriate civil service eligibility for his/her
d. Separation or Retirement from the BuCor
- Any personnel who is dismissed from the Bucor

pursuant to the above enumerated principles in


this section shall be separated if one has rendered
at least 20 years of service. Unless the said
personnel is disqualified by law to received such
benefits.
Promotion System for the personnel of the BuCor
- Within 6 months after the effectivity of this act,
the Bucor shall established a system of promotion
for the personnel.
1. RATIONALIZED PROMOTION SYSTEM
- The promotion system shall be based on merit and

on the availability of vacant ranks in the BuCor


Staffing Pattern.
- Such system shall be gender fair to ensure that women
personnel of the BuCor shall enjoy the opportunity for
promotion as to men.
2. REQUIREMENTS FOR PROMOTION
a. Any personnel of the Bucor shall not be eligible for
promotion to a higher rank unless one has meet the
minimum qualification standard or the appropriate
civil service eligibility set by the CSC. Has satisfactory
passed the required Psychiatric/Psychological, Drug
and Physical Test.
b. any personnel of the Bucor who has exhibited acts of
Conspicious, Courage, and Gallantry at the risk of
one;s life above and beyond the call of duty. And or
selected as such in a nationwide search conducted by
the Acredited Civic Organization shall be promoted to
the next higher rank provided that this shall be
validated by the DOJ and CSC based on the
Performance Evaluation System
1. There shall be established a performance,
evaluation system, which shall be administered in
accordance with the Rules, Regulation, Standard.
2. A code of Conduct for the Personnel of the BuCor
to be promulgated by the BuCor through the DOJ.
3. Such performance shall be evaluated in a way to
foster improvement of the individual efficiency
and behavioral discipline, as well as the
promotion of Organizational effectiveness and
commitment to public service.
4. The rating system as contemplated herein shall
be based on standard prescribed by the Bucor
through the DOJ and shall be considered the
result of the annual Psychiatric/Psychological and
Physical test on the personnel of the Bucor.
END OF SLIDES

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