OLD PENOLOGY

Philippine Experience

Introduction

Our generation may wonder why these dangerous criminals, who killed, sold drugs, raped
and plundered were set free when we have every reason to hold them secured in
confinement. The explanation may be traced back to an ancient theory which is the
retributive punishment infliction for the crime committed of a criminal. This theory has laid
the foundation of our penal law. In our ancient times, the right of vengeance was the law
wherein the injured person or his nearest relative if the victim was killed has the right to
inflict punishment upon the offender. You may be familiar with the very famous saying “an
eye for an eye” or the law of retaliation, the principle wherein the injured person shall
inflict same degree of punishment to the person who caused the injury or damage.
However, this theory does not conform to the maintenance of public order. It resulted to
clan wars tagged as “ubusan ng lahi”.

In the course of time, everything changes due to collective experiences of people which
shaped their response to crime and disorder. The following are the factors that changed
our penal system:

Pre-Colonial Justice

Human settlements had existed in the archipelago well before the arrival of the first
Spanish conquistador. A datu, ruled the smallest political-social unit known as barangay.
The datu with the assistance of the elders legislated laws and acted as judge. People
believed that the gods would protect the innocent and punish the guilty and that the result
of the ordeals was a revelation of the divine truth. Murder, adultery, theft, and insulting a
woman were considered great offenses and were punished by enslaving the offender
(Blair & Robertson, 1904). If the value stolen was great, the offender and his relatives
were all fined. Failure to pay the fine resulted in the enslavement of all member of the
family (Blair & Robertson, 1904).

Justice under God

On March 16, 1521, Ferdinand Magellan reached the central Visayan region of the
archipelago. Thus began the 333 years of Spanish colonial rule that drastically changed
in the islanders’ way of life. A court system that consisted of superior and inferior courts
was likewise established. The Guardia Civil (Civil Guards) performed law enforcement
functions. Individuals who were convicted of serious offenses such as murder and treason
are executed either by firing squad or garrotte. The oppression and injustices suffered by
Filipinos at the hands of the friars and civil administrators caused massive unrest and
sparked the quest for independence.
The American Way

The American colonial government enacted several laws to eradicate the vestiges of
Spanish rule, including new codes of criminal and civil procedure. It established a new
judicial system modeled after the judicial system of the United States. The use of firing
squad or garrotte as method of execution for capital offenses was replaced by the use of
electric chair in 1926. On July 4, 1946, about 10 months after Japan’s formal surrender,
the Commonwealth government was dissolved and the Philippines became an
independent republic.

Japanese occupation
The period of the Japanese occupation lasting three years (1942-1945) was of the darkest
interludes in the history of the Philippines. Under the guise of emancipating the
Philippines from the bondage to Western imperialism, Japan brought her within the orbit
of its so-called “Greater East Asia Co-Prosperity Sphere”, but instead the rich Philippine
natural resources were plundered, innumerable atrocities were inflicted on the Filipinos
and their education and culture were extremely regimented. Throughout the Philippines
more than a thousand women, some being under the age of 18, were imprisoned as
"comfort women", kept in sexual slavery for Japanese military personnel during the
occupation. Each of the Japanese military installations in the Philippines during the
occupation had a location were the women were held, which they called a "comfort
station". One such place where these women were imprisoned is Bahay na Pula.

Martial Law

Then President Ferdinand Marcos believed that he could save the country from the
clutches of violence and foreign based ideology by placing the entire archipelago under
military rule with him at the helm. There were oppositionists when Martial law was
declared and they were swiftly thrown into the pit of the penitentiary. These prisoners,
also called and referred to by international observers as “prisoners of conscience”
became a new class in the penitentiary and were known as political prisoners. Yearly,
the military governed bureaucracy would churn out several suspects and were
immediately discarded by military courts. Convicted accordingly, the penitentiary became
a community where the principled and unprincipled would co-exist.

The penitentiary, for a specific period of history, became an enclave of statesmen and
reformers. It was also the dumping ground of rebels, activists and non-conformists.
Martial law during the Marcos regime lasted for 9 years, from 1972 to 1981.
Question 1. Present Situation

At present, steps have been taken to update the criminal law of the Philippines since it is
largely based on the Spanish Penal Code. A new criminal code has been drafted and
proposed in Congress. It also incorporates contemporary criminological thinking and
addresses issues brought about by advances in technology. The Philippine criminal
justice system is required to observe such rights, including the right to due process and
equal protection of laws, the right against unreasonable searches and seizures, the right
against self-incrimination, the right to counsel, right against double jeopardy, and the right
against cruel or inhuman punishment. Accused are presumed innocent until proven guilty
beyond reasonable doubt. However, trials of criminal cases are conducted and heard by
a judge; there is no more trial by jury in the Philippines. There is no more capital
punishment in the Philippines. The death penalty was abolished in 2006 in response to
the strong lobbying by the local Roman Catholic Church leaders. With the re-abolition,
individuals who are convicted of the most serious offenses, such as treason, murder, and
rape with homicide, are sentenced to life imprisonment or reclusion perpetua. The
Philippine Government established its own national standards consists of rehabilitation,
and organized care and treatment program aimed at the promotion of the dignity of the
confined persons in particular and the correctional community in general. Though
prisoners, they are still endowed with the same basic rights for human rights in common
parlance are rights inherent in the nature of every individual without which he cannot live
as a human being.

Question 2. Applicable as observed?

The theory of retributive justice during our ancient times cannot be reconciled with the
true conception of a democratic civil government. Our state’s mandate is to protect the
citizens at all times. The principle of self-defense and not vengeance on the criminal is
the only valid justification of the state in dealing with crime punishment. Our Penal Code
combines classical theory- (Man is essentially a moral creature with an absolute free will
to choose between good and evil and therefore more stress is placed upon the result of
the felonious act than upon the criminal himself) and positivist theory (Man is subdued
occasionally by a strange and morbid phenomenon which conditions him to do wrong in
spite of or contrary to his volition), which results in the mixed goals of retribution,
deterrence, rehabilitation, and reintegration.

Question 3. Comments/Conclusion

The purpose of the punishment and confinement is for reformation because after the
criminal served his prison, he will be set free and will be absolutely restored of his
freedom. How can be his release be consistent with keeping of public order? His criminal
inclined mind must be aggravated with the traditions and industry of our penitentiary.

The most common problem of prisoners/detainees was the insufficiency or lack of food.
In certain jails, food expenses were shouldered by police personnel and even relatives of
inmates/detainees. It should be noted that the timeliness in the release of funds for the
purpose’s of the essence to meet this basic need for survival. Another major problem is
the prisoners/detainees’ shelter/living space. This refers to basic confinement areas
where the prisoners live to complete their term. Their place of confinement has been a
perennial problem for the prisoners/detainees. Inspectors encountered old, dilapidated,
and congested buildings, no longer suited for human existence, defective comfort rooms
resulting to unsanitary conditions, lack of sleeping paraphernalia and, undersized cells
with poor ventilation and defective water system and even lack of potable water which is
a basic source of life. A high percentage of jails also had poor lighting or no lighting
facilities at all.

Question 4. Possible Solutions

Foremost, the provision of basic needs of prisoners is the prime factor to be fulfilled before
any effective rehabilitation program can be committed and tackled. Though prisoners,
they are still endowed with the same basic rights for human rights in common parlance
are rights inherent in the nature of every individual without which he cannot live as a
human being. By human standards, all accommodations provided for the use of inmates,
particularly sleeping accommodations shall meet all requirements of health, with due
regard to climactic conditions, particularly to cubic content of air, minimum floor space,
lighting and ventilation. Further into the system is a comprehensive multi-disciplinary
rehabilitation program aimed at the total human development of the inmates which cover
education services, spiritual development, livelihood opportunity, enhancement and other
welfare services inclusive of health and medical provisions.
This what reformation means, what reformatory prison can be accomplished. Study
around the world shows that convicts which were treated reformative system acquired
their purpose and the power to abstain from committing any crime. Reformation makes
the protection of the state and its citizen permanent. Strict adherence to the
INDETERMINATE SENTENCE LAW by which the convicted criminal instead of serving
the maximum sentence as provided in our Revised Penal Code shall serve the minimum
or no fixed term, but the convict is to be released only upon a resolution of a governing
body that he has the ability to live a law-abiding life.

Question 5. Value of this research in the Society

Often the issues are not correctly identified, or some issues are missed altogether. Issue
identification is crucial. Here, we have identified the theories and issues that was present
during previous times. Hence, we could make conclusions and make possible solutions
to adapt with the present situation.

There are still hundreds of problems that should be addressed and it starts with identifying
those issues. When we identified those issues, the next step is to provide adequate
solutions which is in line with the modern age.