Caritas Christi Review Center

Review Notes on Correctional Administration 2017

By: Johnny Rey D. Cailing

Correction and Penology

The Difference

Correction Penology (Penal Science)

Is the study of the methods that have
been and are employed for the
punishment and deterrence of such
behavior and the study of the efforts to
accompany punishment with measures
that are intended to change or correct
the offender.
One of the pillars of the Criminal Justice
System used in the administration of
Justice.
(Influence by Positivist School of
Thoughts)
Therefore, the purpose of
punishment is rehabilitation and the
corner stone is education.
Is that part of the science of criminology
that studies the principles of punishment
and the management of prisons,
reformatories and other confinement
units. The word “penology” was coined
by Francis Lieber. It is also derived
from a Latin word “poenalis” which
means “punishment” and from a Greek
word “poene” which means “penalty or
fine”.
(Influence by Classical School of
Thoughts)
Therefore, the purpose of
punishment is retribution and the
corner stone is discipline.

Correctional Administration and Penal Management

The Difference

Correctional Administration Penal Management

the study and practice of a system refers to the manner or practice of
management of jails or prisons and other managing or controlling places of
institution concerned with the custody, confinement as jails or prisons.
treatment and rehabilitation of criminal
offenders.

The term correction could mean two separate meanings. First, it is the institution that
provides community’s official reaction to a convicted offender, such institution is a
branch of the administration of criminal justice, charge with the responsibility for
custody, supervision and rehabilitation of the convicted offender. Second, it is a study
of methods that have been and are employed for the punishment and deterrence of
such behavior and a study of efforts to accompany the punishment with measures that
are intended to change or correct offenders. Both definitions comes from the principle
of punishment and the management of prisons, reformatories and other confinement
units. The birth of penology is also considered the birth of a humane approach in the
administration of justice.

Corrections stand as the fourth pillar of the components of our Criminal Justice
System. Some people viewed it as the weakest pillar among the pillars of criminal
justice. This is due to an assumption that correctional institutions cannot rehabilitate
offenders, which is manifested through the increase of criminalities and recidivism. But,
the fact is nobody wants nor loves to be imprisoned, nobody wants their freedom be
curtailed. If one commits a crime we scientifically explain it why he commits a crime,
and not allege that it is due to some failure or our criminal justice system, that pushes
the individual to commit crime.

1
 Corrections denoted its concern and operate as society’s primary formal
dispenser of punishment. Corrections, however, is more than simply a nice term for
punishment. The root of the word implies and focuses on correcting a problem or series
of problems in society. It has come to stand for a broad category of activities ranging
from incarceration of offenders, to assisting ex-offenders in securing employment and
education in the community to provide assistance for the victims of crimes. These
systematic and organized efforts directed by society that punished offenders, protect
the public from offenders, change the offender’s behavior, and in some cases
compensate victims. Thus, evolving within the milieu of social control that keeps to
work through the ambit of social justice where its sight is located to keep at pace the
norms of human behavior in particular and social norm in general.

Revolutions in the History of Correction

1. Age of Reformations- replaced corporal punishments exile and physical

disfigurements with the penitentiary.

2. Age of Rehabilitation- assumed that animals were handicapped persons

suffering from mental or emotional deficiencies. Under this individual therapy
aimed at healing these personal maladjustments became the preferred style.

3. Age of Reintegration- society becomes the patients as well as the offender.

Much more emphasis is placed on the pressures exerted on the offender by
the social groups to which he belongs and on the society that regulates his
opportunity to achieve his goals.

Theories of Penology

1. Absolute Theories – these theory concerns with the legalistic approach on penal
applications as a ground of calling justice. The imposition of punishment is a
retributive nature of justice reformation, deterrence, crime prevention, self-defense
and control. It adopts the principle of “nullum crimen, nulla sine poena lege” there is
no crime if there is no law punishing it.

2. Relative Theories – these theory concerns that punishment is a utility and usefulness
of the society.
Classifications:

a. Reformative – reformation is the ultimate objective of punishment.

b. Exemplarity – punishing criminals will deter the others from committing crimes.
c. Protective – people must be protected from socially danger persons.

3. Compromisual Theory – this theory settles the concept of justification, sentiments

and grounds for punishment through compromises of conflicting views. Its
objectives concern with retribution and deterrence of criminals.

Approaches in Corrections

Institutional Corrections Non-Institutional Corrections

agencies and institution responsible for also known as the Community Based
maintaining physical custody of an Corrections, it is a correctional activity
offender. (ex. Prison, jail, rehabilitation that takes place outside the institution/
center) prison walls. (ex. parole and probation)
(Traditional Method that requires (Modern Method that does not requires
incarceration) incarceration. Also known as Community
Based Corrections.

2
 Innovative Programs Introduce in Corrections

1. Chicago Area Projects – founded by Clifford R. Shaw is delinquent prevention

program and the first organized program in the U S to use workers
established direct and personal contacts with the unreached boys to help
them find their way back to acceptable norm of conducts. Its procedural
principles are:

a. developments of youth welfare organizations among residents of

delinquency areas.
b. employments of the so called indigenous workers whenever possible
groups.
c. fostering and preservation of the independence of these groups.

2. Cambridge Somerville study- was the first relatively vigorous attempt to

test the effectiveness of individual counseling with troublesome schoolboys
who were regarded by teachers as hardheaded e,.g. delinquents careers
.The approached was friendly rather than professional. This committed in
watching two groups of delinquent boys one groups was to be let alone thus
serving as a “control” to other experimental or “treated” group. The outbreak
of war however, forced to restricts operation of the study.

3. Synanon House- is a communal, voluntary setting for during addicts which is a

private projects devoted to the communal rehabilitation of narcotic addicts
former addicts live and work together in a state of total abstinence from
drugs. Newly arrived addicts are restricted to Synanon property, participating
in general housekeeping and maintenance course which is now as “first
Stage”. As the resident hopefully matures ad gathers strength h graduates to
the Second stage during which he works outside of Synanon and returns I
the evening in the Third stage which is the Final one the former addicts
lives outside of Synanon and returns for occasional meetings.

4. PORT Program—port program is an acronym for probationer offenders

rehabilitated and training established in Rochester Minnesota in live in
community based community directed treatments program for both adults and
juveniles. The care of its treatments program is a combination of group
treatments and behavior modification

Basic Principles Underlying Philosophy of Community- Based Corrections

1. All efforts consistent with the safety of others should be made to reduce
involvements of the individual offender with the institutional aspects of
corrections.

2. Need for extensive involvement with the multiple aspects of the community,
beginning with the offender and his world and extending to the larger social
system.

3. Community- based corrections demands radically new rules for inmates’ staff,
and citizens.

Significance of Community- Based Corrections

1. Humanitarian Aspects- to subjects anyone to custodial coercion is to place

him in physical jeopardy to narrow drastically his access to sources of
personal satisfaction and to reduce self-esteem.

2. Restorative Aspects- concern measures expected to achieve for the offender

the position in the community in which he does not violates the laws. These

3
 measures maybe directed at change control or reintegration, I the failures of
offenders to achieve these goals can be measures by recidivism and their
success in defined by reaching specific objectives set by correctional decision
makers.

3. Managerial Aspects – are of special importance because of the sharp contrast

between the peer capital cost of custody and any kind of community
program. When offenders can be shifted from custodial control to
community- based programming without loss of public protections the
managerial criteria requires that such shift be made.

The Concept of Penalty

Penalty in its general sense signifies pain; in the juridical sphere, it means suffering
undergone, because of the action of society, to one who commits a crime.
The very purpose or reason why society has to punish a criminal is to secure justice.
The society or state has to protect its existence, assert what is right for the people
based on moral principles, which must be vindicated. The giving of punishment, which
is exercised by society, is the fulfillment of service and satisfaction of a duty to the
people it protects.

Purpose of Penalty

1. Retribution or Expiation – the penalty is commensurate with the gravity of the

offense as a matter of payment for the damage done.

2. Correction or Reformation – as shown by the rules which regulates the

execution of the penalties consisting in deprivation of liberty, thereby giving
chance for his reformation.

3. Social Defense – as shown by its inflexible severity to recidivist and habitual

delinquents. Society must provide the welfare of the people against any
disorder in the community.

Goals of Sentencing:

1. Retribution – is the act of taking revenge upon a criminal perpetrator.

2. Incapacitation – is the use of imprisonment or other means to reduce the

likelihood that an offender will be capable of committing future offenses.

3. Deterrence – is a means, which seeks to prevent others from committing

crimes or repeating criminality.

4. Rehabilitation – is the attempt to reform a criminal offender, the state in

which a reformed offender is said to be rehabilitated.

5. Restoration – a goal of which attempts to make the victim whole again.

Unanticipated Consequences of Punishment – Positive or negative effects.

“Reasons for Limitations of Punishment”

a. Punish often isolates the criminal, leaves in him a stigma and develops in
His person a strong presentment of authority;
b. It develops caution on the part of criminal; committing crimes during nighttime;
resorting to the use of indigenous methods, or may even undergo physical
transfiguration to avoid punishment.

4
 c. It generally stops constructive efforts, lack of respect for the law, lack or
patriotism, and loss of self-respect ;
d. Public attitude by idolizing the criminal, this giving an offender higher.
Punishment and Penalty
The Difference

Punishment Penalty
Is the redress that the state takes Is the suffering inflicted by the State
against an offending member. for the transgression of law.

Nature of Punishment

The general concept of punishment is that it is infliction of some sort of pain on

the offender for violating the law.

Social Justification of Punishment and Legal Condition of Punishment

The Difference

Social Justifications Legal Conditions

1. Prevention – the state must punish
the criminal to prevent or suppress
the danger to the state arising from
the criminal acts of the offender.
2. Self-defense – the state has a 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 – the object of
punishment in criminal cases is to
correct and reform the offender.
4. Exemplarity – the criminal is punished
by the state as an act to deter others
from committing crimes.
5. Justice – that crime must be punished
by the state as an act of retributive
justice, a vindication of absolute right
and moral violated by the criminal.
1. The penalty must be productive of
suffering without affecting the
integrity of the human personality.
2. The penalty must be commensurate
with the offense, that different crime
must be punished with different
penalties.
3. The penalty must be personal in that
no one should be punished for the
crime of another.
4. The penalty must be legal, that it is
the consequence of a judgment
according to law.
5. The penalty must be certain, that no
one may escape its effects.
6. The penalty must be equal for all.
7. The penalty must be correctional.

Nicomedian Ethics:

 This is a title of a book that was written by Aristotle (in Athens) in his 1st
attempt to explain crime.
 This is about the corrective justice stating “Punishment is a means of
restoring the balance between pleasure and pain”.
 Also forwarded the concept of restitution when he wrote “punishment is
a means whereby the loss suffered by the victim is
compensated”.

Theoretical Foundations in dealing with Criminals:

1) The Classical School of Thought – (Beccaria) “Let the punishment fits the
crime”. The philosophy of hedonism and freewill, this is to make a rational
choice between what will cause pain and what will result in pleasure.

5
 2) The Neo-Classical School of Thought – Children and lunatic persons do not
have freewill thus they must be excluded to any punishment since they do
not know what is right or wrong.

3) The Positive School of Thought – (Lombroso) “Let the treatment fits the
criminal”. People cannot always be held accountable for their behavior
because of the factors beyond their control. This is known as
“Determinism”, man’s freewill can be influenced and dictated by physical,
psychological and environmental conditions. Therefore, criminals should
not be punished but rather be treated because he is having illness which
leads him to do wrong.

EARLY FORMS OF CORRECTION:

(Brief Background)

(People believe that when a person commits a crime he was possessed by demon. The
system of correction is focused on casting out demons inside the person’s body.)

 Pungent Potion – drink potion to drive away evil spirit that leads him to commit a
crime.
 Grotesques Mask – they wear masks and dance around the person who commits
a crime to drive out evil spirit in his body.
 Trephination Method – a piece of stone or wood which has very sharp edge that
will use to make a hole at the person’s forehead.
 Banishment – a person will be rejected in the community, if he refuse to do so,
he will be killed.
EARLY FORMS OF CORRECTION:
(Detailed Background)

During the early development of civilization, people believe that when a person commits
a crime he is being possessed by demon. The system of their correction is focused to
cast out the demon inside the person’s body. Which was the very cause why he
committed crime. The following methods were used:

1. Pungent Poison – when an individual commits a crime they let the person
drink a pungent poison to drive away the evil spirit inside his body which
leads him in the commission of crime.
2. Grotesques Mask – they wear a grotesque mask and they dance around the
person who commits a crime in order to drive out the spirit in his body.
3. Trephination Method – a piece of stone or wood which has very sharp edge
will be used to make a hole at the forehead of the person who violates the
law and they will pray or cast out the evil spirit to get out of his body.
4. Banishment – when a person commits a crime he will be rejected by the
community for him not to influence others to commit crime, if he refuses in
his community he will be killed.

EARLY FORMS OF PUNISHMENT:

(Brief Background)

 Flogging – is the whipping of stick, rope or leather to a person who violates the
law.
 Mutilation – cutting some parts of the offender’s body.
 Branding – lesser of that mutilation as punishment of crime.
 Public Humiliation – gives opportunity to the members of the community to take
vengeance. Offender was heckled and spit upon by passers, throwing of
tomatoes or rotten eggs to the offender.

6
  Exile or Banishment – England prisoners were sent to America in early 1618 as
their captive labor force for the development of colonies. Also known as
“Transportation”.
 Work House – inmates will work instead of punishing them.

EARLY FORMS OF PUNISHMENT:

(Detailed Background)

Flogging – it is the whipping of a stick, rope, or leather to a person who violates the
law.
The famous whip, was the Russian knot made out of leather thongs tipped with
fishhook like wires. A few strides with the knot produced serious lacerations and often
resulted in much blood loss. Another type of whip is the cat-o-nine tails, which is made
of nine strands of leather or rope.

Flogging was widely used in England during the Middle-Ages, were offenders are beaten
as they run through the streets with their hands tied behind their back.

Mutilation – it is the cutting of some parts of the offender’s body. Throughout history
various societies have tongues ripped out, and pickpockets have suffered broken
fingers.

Extensive mutilation, which included blinding, cutting off the ears, and ripping out the
tongue, was instituted in eleventh-century in Britain and imposed upon hunters who
poached on Royal Lands.

Today, Iran and Saudi Arabia still use the mutilation type of penalty which incapacitates
offenders and giving to society a walking example of the consequences of crime.

Branding – was used as a lesser form of mutilation, the Romans, Greeks, French,
British, and may other societies have all used branding. In 1829 the British parliament
officially eliminated branding as a punishment of a crime. Offenders who are branded
have an identifying marks on the hand if he repeat its violation the marking is placed at
the forehead.

Public Humiliation – it gives an opportunity of the members of the community to take

its vengeance. Offenders are sent to the stock or pillory found themselves captive and
on public display. They will be heckled and split upon by passers-by. Other citizens
might be gather to throw tomatoes or rotten eggs. On occasions, citizen who were
particularly outraged by the magistrate or nature of the offense would substitute rock to
end the offender’s life.

Exile or Banishment – the ancient Hebrew periodically forced a sacrificial goal

symbolically carrying the tribes sin into the wildness, a practice which has given us the
modern word “scapegoating”. Since then, many societies have banished “sinners
directly. The French sent criminal offenders to devil’s Island, Russian’s had used Siberia
as the land where banished people are sent. England sent their prisoners to America
beginning in 1618, the British program of exile, is known as “transportation”, which
served the dual purpose of providing a captive labor force for development of the
colonies, as they oppose the corporal punishment.

In 1776, the American Revolution forced the practice to end. The British penology
shifted to the use of aging ships, called hulks, as temporary prisons. Hulks were
anchored in harbors through England and serves as floating confinement facilities.

In 1787, after Captain Cook had discovered the continent, Australia became the new
port of call for English prisoners.

7
Work houses – during the sixteenth century, Europe was faced with an economic
upheaval product of their industrial revolution. Thousands were unemployed and
vagrants where in towns and villages seeking food and shelter. Because their homes
and pieces of land were sold for the industrialization of Europe. Churches that time was
the primary social relief of the people’s situation.

The government of Europe believed that poverty was the caused of laziness. They
created workhouses designed to instill the habits “Saint Bridget’s Well”. The name in
Europe opened in 1557 in a former British Brides well became synonym for workhouses.
Brides well taught word habit to the inmates and not punish the convict instead, it was
replaced by hard work.

Constitutional Restriction on Penalties

The Philippine Constitution directs that excessive fines shall not be imposed, nor cruel
and unusual penalties when it is so disproportionate to the offense committed as to
shock the moral sense of all reasonable when as to what is right and proper under the
circumstances.

Classification of Penalties

1. Capital or Corporal Punishment – death through lethal injection.

2. Afflictive Penalties – deprivation of freedom
a. Reclusion Perpetua – 20 years and 1 day to 40 years of imprisonment.
b. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
c. Prison mayor and Temporary disqualification – 6 years and 1 day to 12
years. Except when disqualification is accessory penalty, in which case
its duration is that of the principal penalty.
3. Correctional Penalties – deprivation of freedom or restriction of freedom
a. Prison Correctional : 6 months and 1 day to 6 years, except
b. Arresto Mayor : when suspension is that of the principal
c. Destierro

4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure

Preventive Imprisonment – The accused undergoes preventive imprisonment

when the offense charge is non-bailable, or even if bailable he cannot furnish the
required bail.

Subsidiary Penalty – It is subsidiary personal liability to be suffered by the

convict who has no property with which to meet the fine, at the rate of one (1)
day for eight pesos, for its imprisonment. This is only applicable when the
penalty imposed a fine and not to damages or civil liabilities imposed upon the
convicted felon.

The death penalty – was restored through R.A. 7659 which took effect on
December 3, 1993 for certain heinous crime. Such as Treason, piracy, Qualified
Piracy, Qualified Bribery, Parricide, Murder, Infanticide, Kidnapping and Serious
Detention, Robbery with Homicide, Destructive Arson with Homicide, Plunder
Dangerous Drugs and Carnapping.

The death sentence shall be executed by Lethal Injection as provide under

Republic Act No. 8177, which was approved on March 20, 1996.

The death sentence shall be carried out not earlier than one (1) year nor later
than 18 months after the judgments becomes final and executory. Provided, that

8
 the Supreme Court who does the review of the case in which death penalty was
imposed have reach a vote of eight (8) Justices as provided under Republic Act
No. 296. Otherwise death penalty shall not be imposed. The convicted felon will
be given a penalty of reclusion perpetua.

In all cases where the death sentence has become final, the records of the cases
shall be forwarded the office of the President for possible exercise of the
pardoning power.

Death Penalty shall not be imposed if:

1. When the guilty person is more than 70 years of age;

2. When upon appeal or automatic review of the case by the Supreme Court,
the required votes is not obtained for imposing the death penalty;
3. When the convict is a minor under 18 years old of age.

Death Penalty shall be suspended when the convict is a:

1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;
3. Person over 70 years of age.

Developments of Prisons

Prisons were developed gradually as a substitute for transportation exile public

degradations especially corporal punishments and the death penalty (by virtue of
Pennsylvania Reform Act of 1790). Imprisonments was introduced to substitute for
corporal punishments was initiated by William Penn of Pennsylvania as well as the
abolition of death penalty except for the first degree murders. Prisons and Penitentiaries
were constructed for the confinements of persons with longer sentences who are
convicted of serious crimes.

Penitentiary Concept

The term penitentiary came from the Latin word “Paennitentia”, meaning penitence and
was coined by an English prisoner reformer, John Howard, it referred to a place were
crime and sin may be stoned for a penitence produced. Massive edifies of concrete and
steel, the original penitentiaries were designed to facilitate solitary contemplation of
one’s misdeeds. It was felt that introspection in solitude was conductive to personal
reform. It was also believed that if prisoners were allowed to associate, they would
criminally contaminate one another. At present, the terms prison and penitentiary are
used synonymously.

The Rival Prison System in Early History of Imprisonment

Auburn Prison System and Pennsylvania Prison System
The Difference

Auburn System (Congregated Pennsylvania System (Solitary

System) Confinement)
 Prostituted and convoluted version of  Late 18 century to early 18th century,
th

the St. Michael system as espoused by Pennsylvania became a leading

the Roman Catholic Church.
 In Auburn, New York ( 19th Century ) 
 Solitary confinement began to be
experimented on some three (3) years 
after it started to operate.
innovator in prisons operation.
The rival of Auburn system during
these times.
Based on the concept on solitary
confinement and rendering labor.

9
 Tiny cells where built for individual  Each cell has small exercise area to
prisoners where he is confined allow the prisoner to maintain physical
without any exercise or any activity. condition to be more valuable in
 This system was designed to make production.
the prisoners not in inactivity while in  This facility has a work area for day
solitary confinement. time works.
 Any prisoners who dared speak or  Allow bible reading for spiritual and
make any sound was severely emotional transformation, to be
whipped. productive upon release.
 This system resulted in substantial  This system is applied in European
number of suicides and insanity and Countries.
the practice was abandoned 5 years
after it was introduced.
 Solitary confinement as a method of
punishment was abandoned in the
U.S. because prisoners can’t be made
productive and unprofitable to
maintain.
 This system was modified to allow the
prisoner to work during day time in
common areas but must maintain
absolute silence and then spend their
nights in solitary confinement.
 This modification was adopted
because it was found out that people
working collectively in common areas
produced more benefits that working
individually.

A World History, Philosophy and Objective of Prisons:

 Code of Hammurabi
 1750 BC to 1900 BC (Babylon)
 Found in Manama Dharma of India, and Hermes Trismegitus of Egypt
 The principle of LEX TALIONES (an eye for an eye and a tooth for a tooth)
 Two (2) tired concept (not everybody is equal in imposition of
punishment)
 Stiffer punishment in offenders from upper classes
 Uncivilized due to naked revenge than modern concept of rehabilitation
and treatment.

 Mosaic Code
 Also retribution
 But allows restitution (settlement)
 Allowed flogging or burning alive

 King Ur-Nammu’s Code

 In city of Ur in ancient Sumeria
 Restitution as a concept of justice (restorative justice)
 Allows fines, mutilation and other savage penalties
 Punished offenders and at the same time will paid the victims as a
reimbursement as a result of the crime committed
 No death penalty, in case of death is Fine/ Financial consequences

10
 Retribution defers from Restitution:

Retribution – personal vengeance (Retaliation)

- Justice flows from the victim to the offender
- It lowers down the offender

Restitution (restore) – justice flows from offender to the victim

- Elevates the status of the victim
- Older than the code of Hammurabi, 350yrs before
- 2100 years before Christ

Early Forms of Imprisonment:

 Furca
 Ancient Greece around 400 BC
 V-shape yolk, worn around the neck
 Outstretched arms of the convict were tied

 In Ancient Greece
 Testimony of the slaves can only be accepted if it was acquired through
torture
 Reason of imprisonment is to detain those who are undergoing trial
 If convicts refuse to be punish or to pay fines will be imprisoned in
Romans Style
 Their justice is not vengeful/ retributive and must reform the offender also
to deter others to commit crime (humane method only for Greek citizens
or prominent inhabitants “privileged class of Greek society have rights”)
 Most brutal find of punishment will only be inflicted to aliens and slaves
(those who belongs to exploited classes)
 Citizens will be fined for a crime. If committed by slaves or aliens will
likely be flogged.

 Underground Cistern
 Detainees are those who are undergoing trial
 Sentenced offenders will be hold and be starved to death

 Ergastulum (Roman Prison)

 The prisoners and slaves were forced to do hard labor
 It confines slaves and be attached to workbenches

 Justinian Code
 In middle ages around 529 AD (Roman Emperor Justin)
 This became the Standard Law in Roman Empire particularly in Europe
 A revision of the “12 Tables of Roman Law”

 12 Tables of Roman Law

 Originated between 500 BC
 Every crime was contained and specified the penalty for every offense
listed in the said tables

 Burgundian Code (500 AD)

 Existed around same time as Jesus Christ
 Introduced the concept of restitution

11
  Punishment were met according to the social class of the offender
 The offender should pay specific value in order not to undergo physical
sufferings as penalty. This is only applied to nobility and middle classes
 Death penalty awaits on slaves who commit murder, assaults on noble or
middle class women, sexual relations with the noble and middle class, and
giving aid and comfort to escape offenders
 Xenophon and Demosthenes suffered this punishment for their
philosophical beliefs

 Paterfamilias:
 A concept wherein the head of the family has virtually limitless power to
punish erring family members and slaves.

 Centuriate Assembly:
 By 509 B.C. a law was passed prohibiting flogging or execution except if
this assembly will affirmed.

 Stocks:
 A kind of device that was fastened at the ankle, neck and wrist of offender
for a long period of time.

 Stoning to Death:
 This is practiced in the time of Jesus that is still existed today in Islamic
countries like Afghanistan and Pakistan.

 Breaking on the Wheel:

 The offender’s body is fastened by metal bands to a board made of wood
and then had their bones systematically broken.

 Burning Alive:
 Existed in Ancient Greece which was also practiced by the Romans.
 Roman Catholic Church also resorts to this punishment during the time of
the inquisition for unbelievers, witches and heretics.

 Destierro:
 This was Banishment before that was also practiced by the Spaniards and
was incorporated in Codigo Penal in the Philippines. (Not less than 25 km
radius not more than 250 km radius. Remember: if you go beyond 25 km
there will be a crime of evasion of service of sentence, but if you go
beyond 250 km there is no crime for the main purpose of destierro is
protection)

 Ecclesiastical Court:
 A court that conducts trials to priests offenders and all those connected
with the church.
 More compassionate
 Later granted to anyone who was literate

 Papal Bull:
 By Pope Innocent VIII, in 1487
 This allowed refugee offenders to be driven out of the sanctuary if they
used this for committing a crime.

 The Inquisition:
 Another Ecclesiastical court that has gained historical notoriety throughout
the Ages for his viciousness.
 Responsible for detection and punishment of unbelievers and heresy
 Officially begin with declaration of the Lateran Council, 1215 which
allowed “Torture”.

12
  Throughout this Dark Age Church can punish anyone, many become
victims of trumped up charges that they were witches or advancing
scientific studies.

 Galileo Galilee:
 Almost burn at the Stake, if only for his popularity.
 Because of his discovery that the earth was not flat.

 Pope Leo 1:
 The 1st Pope that fully express approval for killing human.
 Sanctioned death as punishment
 Heresy was the crime that was strictly for death penalty.

 Priscillian:
 The 1st recorded Christian who was put to death for being a heretic.

 Pope Innocent III:

 Tried to wash hands like Pontius Pelate when it turned over heretics to
secular authorities for proper punishment including death.

 Papal Encyclical “Excommunicamus”

 By Pope Gregory IX, in 1231, initiated inquisition that led to the burning of
hundreds of heretics.
 The burning of non-believers at the stake.

 Pope Innocent IV:

 Officially introduced torture to the inquisition procedure in 1252.

 Encyclical “TertioMillenioAdvenicute”:
 By Pope John Paul II, a pro-life pope who reversed culture of death.
 Formally apologized past intolerance and use of violence in the defense of
truth.

 Evangelium Vitae:
 By Pope John Paul II, he calls to reject death penalty, abortion, use of
contraceptives and euthanasia.
 This challenges to break away from the “culture of death” especially
treatment of killings.

 Galleys:
 From the middle of 14th century to the beginning of 19th century.
 they were slaves chained to oar the ship
 practiced in Ancient Rome and Greece

 Gaols – also known as Jails (old legal term for Jail)

Gaolers – also known as Jailers
 Hard for poor prisoners but not for the wealthy ones because of the
highest rate of accommodations and other payments.

 The Brank:
 This is a metal frame that was put in the head like a hat and a painful
mouthpiece was inserted in the mouth.

 King Henry VIII (In England)

 He decreed corporal punishment for vagrants in 1531 and penal slavery in
1547.
 Nobility gets their privileged status in the society.

13
 Bridewell Institution:
 In 1556 Bridewell England
 Some writers claim that this took place in 1552 during the reign of King
Edward VI
 Established as a workhouse for vagabonds, idlers and rogues.
 Employs a system wherein vagrants and prostitutes were given works
while serving their sentence. This system is called the Bridewell System.
 This system is utilizing prison labor for benefits of wealthy individuals and
government officials.
 In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) constructed
the first facility designed solely for public incarceration. This facility was
known as Gaol (known as Jail today). The gaol was being managed by
the Shire Reeve.

 Mercantilism – Capitalism

 Feudalism – Landlords
 Guillotine:
 Introduction of a cleaner and swifter method of executing convicts.
 Penitentiary Act:
 An act passed in the year 1779, mandated the establishment of a prison
system based on solitary confinement, hard, labour, and religious
instruction.

 Norfolk Prison:
 At Wymondham, England was opened after five years of P.A. of 1779.

 National Penitentiary:
 Of Millbank followed to open in 1821.

 Pentonville National Penitentiary in 1842.

 1895 – A committee tasked to make an assessment of the entire English prison

system found it to be a failure and recommended that both deterrence and
reformation should be carried equally as to goal of imprisoning convicts or
training should be incorporated in the program of prisoners.

 Fort Santiago in Manila and Fort Pillar in Zamboanga City:

 Built by Spaniards as a defence against pirates and bandits groups who
refuse to recognize the colonial authority of Spain.
 Built thru corvee labour.
 Corvee Labour - Services rendered not for punishment but thru force
labour, abducted at large from general populace by Spanish
conquistadors.

 Prison Labour in Marseilles, France ( 18th Century )

 Was organized into state factory and was rented out to a group of
merchants. A M.O.A. is signed by the contracting merchant on state for
utilization of able bodied prisoners. This development sowed the seeds of
practice of providing health service.in prisons to treat medical problems of
prisoners.

 Amsterdam, New York (1600’s )

 A place where the first recorded prison in the colonies was established.
 Incarceration’s common use was for those undergoing trial and for those
who refused to pay debts other than for punishment.

 Connecticut and Maine:

14
  Used underground facilities to incarcerate offenders for many years due to
lack of funds for the establishment of formal prison institution. (New Gate
Prison is established and known to be as “black hole of horrors”)

 Maine State Prison:

 Contained cells in the pits similar to underground cistern that used to
detain offenders undergoing trial and hold sentence offenders where they
will be starve to death.
 These pits are entered through an iron grate in the ceiling and are being
used (1828 ).

 The State of Connecticut:

 Used a copper mine at Simsbury from 1773 to 1827 as prison facilities.
 Prisoners worked in the mines during the day and their ankles and necks
are shackled during night time to prevent escape.

 Sing-Sing Prisons:
 Became famous in the world and was the plot of many movies filmed
because of Sing2x Bath inflicted aside from floggings, denial of reading
materials and solitary confinement.
 The shower bath was a gadget so constructed as to drop a volume of
water on the head of a locked naked offender.
 The force of icy cold water hitting the head of the offender caused much
pain and extreme shock that prisoners immediately sank into the comas
due to the shock and sudden drop in the body temperature.
 The Sing-Sing bath becomes more frequent when flogging was declared
illegal in 1847.

 St. Michael Prisons:

 Introduced by Roman Catholic as an innovative prison system for
punishing offenders.
 The prison that was divided into cells and this was first established in
1704.
 During the reign of Pope Clement XI
 The prototype of the reformatories for juvenile offenders.
 A proof that retribution and repression is an object failure in the control of
criminality.
 Emphasized the rehabilitative concept and pioneered the segregation of
prisoners and force silence to make the prisoners contemplate their
wrongdoings.
 Physical torture was minimized and reserved for incorrigibles.
 This was supplanted by mental and psychological stress due to extreme
loneliness of segregation and force labour.
 Convicts are chained in one foot and observing strict rule of silence.
 They listened to religious brothers giving religious teachings.
 Many of the practices pioneered in St. Michael were later adopted in U.S.
in what is now known as the Auburn System of Imprisonment.

 Walnut Street Jail:

 The first American penitentiary (Philadelphia) adopting the principles of
John Howard of segregating offenders based on sex, age and mental
capacity.

 Australia:
 The biggest penal colony of the world before it become a country.
Prisoners in England were transported in this place in 1790-1875 to avoid
decongestion.

15
  Indiana and Massachusetts:
 first Correctional for Women

 Ossining, New York:

 Mount Pleasant Female Prison in 1837

 New York House of Refuge:

 The first Juvenile Reformatory opened on January 1825
 Followed by Boston house of Reformation in 1826

 State of Massachusetts:
 Reform school for boys at Westborough in 1847
 First Public Institution for Juvenile Delinquent

 New Orleans:
 Municipal Boys Reformatory in 1845
Philippines Written Codes

The Philippines Early Codes

 Code of Kalantiao (1433) -first written law in the Philippines that provides the
most extensive and severe law that prescribes harsh punishment.

 Maragtas Code (by Datu Sumakwel)

 Sikatuna Law

The Reformatory Movement

This consisted in the introduction of certain reforms in the correctional field by

certain persons, gradually changing the old punitive philosophy of punishment (mass
treatment, enforce silence, idleness regimented rules and severe punishment); to a
more humane treatment of prisoners with innovative institutional programs. There was
no significant progress in prison work worth mentioning until the middle of the 19th
century. Most of the prisons established between 1819 and 1870 were constructed on
the basis of a program espousing the punitive philosophy, the features of which were
mass treatment, enforced silenced, idleness, regimented rules and severe
punishment.

There are persons responsible for introducing reforms in correctional field.

They are:

A. Manuel Montesimos – He was the Director of Prisons of Valencia, Spain in 1835,

who divided prisoners into companies and appointed prisoners as petty officers
in charge; allowed the reduction of inmates sentence, by one third (1/3) for good
behavior; offered trade training to prepare the convicts for return to society.

B. Domets of France – established an agricultural colony for delinquent boys in

1839, providing housefathers as in charge of this boys. He concentrated on re-
education; upon their discharge, the were placed under the supervision of a
patron.

C. Alexander Macanoche - as a Superintendent of the Penal Colony at Non Folk

Island in the island in Australia in 1840, he introduced a progressive humane
system to substitute, for corporal, punishment, known as the “mark system”

16
 wherein the prisoners was required to earn a number of marks based on proper
department, labor, and study in order to entitle him to a ticket of leave or
conditional release which is similar to a parole.

Macanoche’s Mark System consisted of five stages:

1. Strict custody upon admission to the penal colony;

2. Work on government gangs;
3. Limited freedom on the island within a prescribed areas;
4. Ticket of leave; and
5. Full restoration of liberty

He also introduced other progressive measures such as fair disciplinary trials, buildings
of churches, distributing books and permitting prisoners to tend small gardens.

D. Sir Walter Crofton – He was the director of the Irish prisons in 1856, who
introduced the Irish system which was later on cared the progressive stage
system. The Irish system was gradually a modification of Manoche’s work
system, and consisted of four (4) stages:

1. Solitary confinement of prisons for 9 months, receiving reduced diet and

monotonous work, gradually progressing to a better treatment towards
the end pf the first stage;
2. Assignment to a public works in associating with other convicts;
3. Sending to place which was a sort a preparation for release where the
prisoner worked without custodial supervision. Exposing him to ordinary
temptations of freedom; and finally
4. Release of the prisoner of the supervision under conditions equivalent to
parole.

E. 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. Under this program:
1. A new prisoner was classified as second grade;
2. Promoted to first grade after six months of good behavior;
3. Another six months of good behavior in the first grade qualified him for
parole. However, if the prisoner committed misconduct. He was demoted
to third grade where he was required to show good behavior for one
month before he could be re-classified to second grade.

The Elmira Reformatory is considered as the fore runner of modern penology because it
had all the elements of a modern correctional system, among which were: A training
school type, that is compulsory education: casework method; and intensive use of
parole based on the indeterminate sentence.

NOTA BENE: An indeterminate sentence is a sentence with minimum and maximum

periods of imprisonment. A prisoner is not eligible for parole consideration until he has
served his minimum sentence.

F. Sir Evelyn Ruggles Brise – was the director of English Prisons who open the
Borstal institution after visiting the Elmira Reformatory in 1897, such Borstal
institutions.
Today are considered as the best reform institutions for young offenders. This
system was based entirely on individualize treatment.

Other Important Personalities in Correction

17
 John Howard (1726-1790)
 He was sheriff of Bedsfordshire in 1773 who devoted his life and fortune
to prison reform.
 Prisoners must be segregated according to sex, age, and gravity of their
offense;
 The jailer or staff must be paid to prevent extortion to prisoners;
a chaplain and a medical officer must be employed to address the
spiritual and medical needs of the prisoners;
 Prisoners should be provided with clothing and food;
 Liquor should be prohibited in jail.
 He designed the Milbank Penitentiary 1812-1821, the first English Prison
 He published a book in 1777, “State of Prison”

Jeremy Bentham (1748-1832)

 He is the greatest leader in the reform of English Criminal law.
 He designed the panopticon, consisted with a large, cast iron and glass
containing multi- tiered cells around the perimeter with an observation
tower that has a special shutter to prevent the prisoners from seeing the
guards.

Jean Jacques Philippe Villain

 Established the Maison de Force (The Prison of Ghent)
 Considered to be the Father of Penitentiary Science at Ghent, Belgium in
1773.

William Penn (1614-1718)

 the governor of the state of Pennsylvania initiated early reforms in their
prison system. He fought for religious freedom and individual rights.
 Quaker leader of Pennsylvania
 “Prison should be Penetentiaries”

Rutherford B. Hayes
 Former president of the United States, was elected as the first president
of the National Prison Association.
 PNA Principles:
 Reformation not the vindictive infliction of suffering should be the purpose
of penal treatment.
 Prisoners should be classified on the basis of a mark system.
 Rewards should be provided for good conduct.
 Prisoners should be made to realize that their future rest in their own
hands.
 Indeterminate sentences should be substitute fixed sentences and
disparities in sentences removed.
 Religion and education are the most important agencies of reformation.
 Discipline should be administered so that it gains the cooperation of the
inmate and maintains his self-respect.
 The goal of the prison should be to make industrious free citizens, not
orderly and obedient prisoners.
 Industrial training should be fully provided.
 Prisons should be small; separate institutions should be provided for
different types of offenders.
 The social training of prisoners should be facilitated; silence rules should
be abolished.
 Society at large must realize that they are responsible for the conditions
that bleed crimes.

Gaylord B. Hubbell
 Warden of Sing Sing Prison in New York;

18
  Visited and studied the prisons in England;
 Recommended indeterminate sentences be used in American prisons;
 Reformatory based upon the concept of an earned early release if the
inmate reformed himself.

Charles Montesiquieu (1689-1755)

 Was a French historian and philosopher who analyzed law as an
expression of justice.
 He believe that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crime.

The Golden Age of Penology/ The Age of Enlightenment in

Penology

The period from 1870 to 1880 was called the “Golden Age of Penology” because of
the following significant events:

 In 1870, the National Prison Association, now American Correctional

Association, was organized and its first annual Congress was held in Cincinati,
Ohio. In this Congress the Association adopted a “Declaration of Principles,” so
modern, comprehensive in scope that when it was revised in the prison Congress
of 1933, few amendments were made. Since founding the Association has held
annual congresses of corrections in has taken active leadership in reform
movements in the field of crime prevention and treatment of offenders.

 In 1872, the first International Prison Congress was held in London.

Representative of the government of the United States and European countries
attended it. As a result of this congress, the International Penal and
Penitentiary Commission, an inter-governmental organization was established
in 1875 with headquarters at The Hague. The IPPC held international congresses
every five years. In 1950, the IPPC was dissolved in its functions were
transferred to the Social Defense Section of the United Nations.

 The Elmira Reformatory, which was considered as the forerunner of modern

penology, was opened in Elmira, New York in 1876. The figures of Elmira were a
training school type of institutional program, social casework in the institution,
and extensive of parole.

 The first separate institutions for women were established in Indiana,

Massachusetts.

The Decline of Reformatory Movement

The Reformatory system movement subsided gradually following the opening of

Elmira because of the founders’ lack of faith in the effectiveness of the program. The
defect of the system was laid on the lack of attempt to study criminal behavior from
which to base treatment. By 1910, it was generally conceded that the reformatory
system of the United States was a failure in practice. It was not until 1930 that the
reformatory idea was revived as the direct result of the revamp of the educational
program of the Elmira Reformatory.
The Industrial Program Movement

The Elmira Reformatory movement was succeeded by the industrial prison

movement. The U.S commonwealth preferred the Auburn Prison system to the
Pennsylvania Prison system because of its congregated work program. The value of
prison labor began to be recognized in every prison system because of contribution that
the work program gave to the finances of the institution. As the economic problem
during the depression years became more acute, the need for more income from the

19
operation of the work programs in prison became more deeply felt. State governments
could hardly afford to provide the funds with which to run the prisons because of the
economic depression that hit the United States before and in the early 1930’s. In this
movement, there was an operation of industries inside penal institution and therefore,
considered a noble innovation that help support the prisons. Nearly every prison,
therefore, was converted into a factory engaged in the manufacture of articles which
were sold in the open market for profit. At about this time, it was observed that there
was a sudden increase of criminality in the United States. Some people attributed the
increase of criminality to the depression. The United states Congress created a
Congressional Committee were that the rise in criminality was caused by the increase in
recidivism and repeaters in crime, and that the increase in recidivism and habitual
delinquency was attributed to the abandonment of the rehabilitation program in penal
institutions in favor of the operation of industries. As a remedial measure, Congress
passed a law in 1934, which in effect, prohibited the sale of prison-made articles to
the public, and limited their use to government-owned institutions and agencies. This
law put an end to the Industrial Prison Movement.
The Six (6) Prison Labor

Six systems of inmate labor used:

1. Contract System – materials were provided by private businesses its

manufacturing process was supervised inside the prison.

2. Piece-price system – materials and the products are produced by the prisons
and bought by the private businesses.

3. Lease system – prison institutions acting like labor firm or labor agency to
private businesses that need manpower.

4. Public Account system – goods and products are owned and manage by the
prison and sold it to the market.

5. State-use system – prisoners provided the labor for state agencies.

6. Public works – prisoners worked in roads and highways construction

Treatment Era of Prisons

Treatment era came after the World War II in 1940’s, this is based on a medical
model of corrections. This concept combined the correction, reformation and
behavioral treatment or psychiatric approach. Inmates are treated as “clients” or
patients” than offenders.

 Individual Treatment – The offender and the therapist develop a face-

to-face relationship. Most individual approaches depict the offenders as
someone who has not developed sufficiently to manage his own behavior
effectively. One reason for this is traumatic experiences in early life, the
therapist will try to uncover its causes and let the inmate understand in
order to produce effective behavioral changes.

 Group therapy relies upon the sharing of insights gleaned by process,

making it clear to the client the emotional basis of his or her criminal
behavior. The inability of the inmates to own up responsibilities must be
attack and rid them off as values or self-concept, for them to accept
positive and productive image.

 GGI or Guided Group Interaction is a treatment strategy, which

combines elements of individual treatment, and group therapy. In GGI the

20
 therapist assists the group in uncovering individual fears, hidden
experiences, and anxieties which act as barriers to conventional behavior.

 Behavior therapy was structured so as to provide rewards for approved

behavior, while punishing undesirable behavior. If the client was able to
follow good behavior rewards will be provided unto them such as: better
housing conditions, better foods, TV privileges, and the like.
 Chemotherapy – involved the use of drugs, especially tranquilizers, to
modify behavior.

 Neurosurgery – was used on highly aggressive inmates to control their

destructive behavior.

 Sensory Deprivation – is sought to calm disruptive offenders by

denying them the stimulation, which might set off outbursts of destructive
behavior.

 Aversion therapy – is through the use of drugs or electric shocks in an

attempt to teach the offender to associate pain and displeasure with a
certain stimuli, which previously led to criminal behavior.

Types of Informal Prison Groups according to

Donald Clemmer

 “The Politicians” or “Big Shots. The politicians have achieved

distinction as a group in the prisoner community because of their
checkered criminal careers and participation in one or more notorious
crimes. Their chief function in prison consist in seizing power, and the
planning of sabotage, strikes, riots, and future prison breaks.

 The “Right Guys”. The right guys exert tremendous power and influence
over other inmates in enforcing strict observance of the “Prisoners’ Code”.

 The “Moonshiners”. The moonshiners comprise those inmates who

engage in the secret manufacture and sale of moonshine liquor to other
inmates. The ingredients of this spirituous concoction may include shaving
lotion, Listerine antiseptic, shoe polish, rubbing alcohol, sugar stolen from
the commissary, and perhaps other available components. This liquor is in
considerable demand by the “long termers,” neurotic prisoners, and
depressed inmates who require exotic stimulation.

 The Dope Peddlers. In many institutions a small informal group of

inmate dope peddlers has the monopoly on the distribution and sale of
narcotics at exorbitant prices to fellow inmates. Narcotics are often
smuggled into an institution by unreliable guards and irresponsible
visitors, who act as liaison agents for the drug traffic.

 The Larceny Boys. The larceny boys make a special business of stealing
the personal belongings of unsuspecting prisoners and selling the loot to
still other inmates.

 The Gambling Syndicate. Gambling in prison is often organized into a

hierarchy consisting of several informal gambling groups. A monopoly of
gambling may exist within the institution whereby the Kingpin at the top
of the hierarchy exacts a toll, tax or levy from the stakes of each game
played.

21
 Leather Workers. The leather workers consist of one or more informal
groups which devote all of their leisure time to the manufacture of artistic
leather goods for sale to the public.

 The Religionists. Many prisons have one or more fanatically religious

groups which believe in giving emotional expression to their radical
religious beliefs at any time or place within the institution.

 The Homosexuals or “Wolves”. The prison community is abnormal in

that it is a one-sex community. The prison rules and regulations strongly
disapprove of all types of sex expression. The resulting sex repression and
frustration create an environmental climate within the prison conducive to
emergence of homosexuality, which may take the form of promiscuity,
prostitution, or even “marriage”.

 Manufacturers of Weapons. The prison also has its informal inmate

group secretly engaged in the production and sale of weapons to other
inmates, such as knives, saws, hatchets, black jacks, whip, and the like.

 The Spartans. The Spartans, an absolutely harmless informal group, are

primarily interested individual and as a group in displaying their physical
bodies in the nude. They take great delight in strutting about the locker
rooms, showers and toilets, flexing their muscles, displaying their sexual
organs, and exhibiting their hair on their breasts as evidence of
masculinity.

Prison Lifestyles and Inmates Types according to John Irwin

 The Mean Dude. Some inmates adjust to prison by being mean. They
are quick to fight, and when they fight, they fight like wild mean (or
women). They give no quarter and seem to expect none in return. Other
inmates know that such prisoners are best left alone. The mean dude
receives frequent write-ups and spends much time in solitary confinement.

 The Hedonist. Some inmates build their lives around the limited
pleasures which can be had within the confines of prison. The smuggling
of contraband, homosexuality, gambling, drug running, and other officially
condemned activities provide the center of interest for prison hedonists.
Hedonists generally have an abbreviated view of the future, living only for
“now”.

 The Opportunist. The opportunist takes advantage of the positive

experiences prison has to offer. Schooling, trade training, counseling and
other self-improvement activities are the focal points of the opportunist’s
life in prison. Opportunists are the “do-gooders” of the prison subculture.
They are generally well-liked by prison staff, but other prisoners shun and
mistrust them because they come closest to accepting the role which the
staff defines as “model prisoner”.

 The Retreatist. Prison life is rigorous and demanding. Badgering by the

staff and actual or feared assaults by other inmates may cause some
prisoners to attempt psychological retreat from the realities of
imprisonment. such inmates may experience neurotic or psychotic
episodes, become heavily involved in drug and alcohol abuse, or even
attempt suicide.

 The Legalist. The Legalist is the “jail house lawyer”. Just like the mean
dude, the legalist fights confinement. The weapons in this fight are not

22
 fists or clubs, however, but the legal “writ”. Convicts facing long
sentences, with little possibilities for early released through the
correctional system, are most likely to turn to the courts in their battle
against confinement.

 The Radical. Radical inmates picture themselves as political prisoners.

Society, and the successful conformists who populate it, are seen as
oppressors who have forced criminality upon many “good people” through
the creation of a system which distributes wealth and power inequitably.
The radical inmates speaks a language of revolution and may be versed in
the writings of the “great” revolutionaries of the past.

 The Colonist. Some inmates think of prison as their home. They “know
the ropes,” have many “friends” inside, and may feel more comfortable
institutionalized than on the streets.

 The Religious. Some prisoners profess a strong religious faith. They may
be “born again” Christians, committed Muslims, or even Hare Krishnas.
Religious inmates frequently attend services, may form prayer groups, and
sometimes ask the prison administration to allocate meeting facilities or
create special diets to accommodate their claimed spiritual needs.

Types of Correctional Officers according to John Irwin

 The Dictator. Some officers go by the book; others go beyond it, using
prison rules to enforce their own brand of discipline. The guard who
demands signs of inmate’s subservience, from constant use of the word
“sir” or “ma’am” to frequent free shoeshine, is one type of dictator.
Another goes beyond legality, beating or “making” inmates even for minor
infractions or perceived insults. Dictator guards are bullies. They find their
counterpart in the “mean dude” inmate.

 The Friend. Friendly officers try to fraternize with inmates. They

approach the issue of control by trying to be “one of the guys”. They
seem to believe that they can win inmate cooperation by being nice.
Unfortunately, , such guards do not recognize that fraternization quickly
leads to unending requests for special favors from delivering mail to being
“minor” prison rules.

 The Merchant. Contraband could not exist in any correctional facility

without the merchant officer. The merchant participates in the inmate
economy, supplying drugs, pornography, alcohol, and sometimes even
weapons to inmates who can afford to pay for them.

 The Indifferent. The indifferent type of officer cares little for what goes
on in the prison setting. Officers who fit this category may be close to
retirement, or they may be alienated from their jobs for various reasons.
Low pay, the view that inmates are basically “worthless” and incapable of
changing, and the monotonous ethic of “doing time” all combine to numb
the professional consciousness of even young officers.

 The Climber. The climber is apt to be a young officer with an eye for
promotion. Nothing seems impossible to the climber, who probably hopes
eventually to be warden or program director or to hold some high-status
position within the institutional hierarchy.

 The Reformer. The reformer is the “do-gooder” among officers, the

person who believes that prison should offer opportunities for personal
change. The reformer tends to lend a sympathetic ear to the personal

23
 needs of inmates and is apt to offer “arm-chair” counseling and
suggestions.

Types of Female Inmates according to Esther Heffernan

 The Square – Square inmates had few early experiences with criminal
lifestyles and tended to sympathize with prison values and attitudes of
conventional society.

 The Cool – Cool prisoners were more likely to be career offenders. They
tended to keep themselves and were generally supportive of inmate
values.

 The Life – Life group members were full participants in the economic,
social, and familial arrangements of the prison. The life offered an
alternative lifestyle to women who had experienced early and constant
rejection by conventional society.

Inmate Work Programs

The Bureau’s work program for inmates has the purpose of keeping inmates
busy and compensating them for their labor in order that they can be have money for
their personal expenses in prison and families. These work programs are funded from
three (3) sources, namely: (1) from appropriated funds for inmates utilized as janitors,
orderlies and other administrative odd jobs; (2) from the Prison Agro-Industries trust
funds for inmates utilized as farm workers; and (3) from joint ventures such as TADECO
as banana plantation workers, Prison Inmate Labor Contract Office and Sam sung for
handicraft contracts. Inmate workers hired by private companies earn higher wages as
shown.

Inmate Education and Training

As a major program in inmate rehabilitation, the Bureau through its seven (7)
prisons undertakes, there are two types of education and training. The first is the non-
formal education offered by all penal institution; (1) Adult Literacy (2) applied Training
and (3) Orientation. The second is the formal education offered only at the New Bilibid
Prison, which covers College (BS Commerce), High School, Elementary and Vocational
Courses.

Religious Guidance and Counseling

The religious which includes worship and formation, ministerial rites, para-
lethargical and counseling is headed by a religious Guidance Adviser. Various religious
volunteers representing Christian denominations and Muslim groups attend the spiritual
need of the inmates. The influence of religion in prison life is strong positive factor in
the restoration of their faith, dignity and manhood.

Counseling Defined. A relationship in which one endeavors to help another solve his
problems of adjustments. This implies mutual consent between the counselor and the
client.

Inmate Health Care

The prison Medical Service of the Bureau of Corrections provides health care to
about 18,000 inmates. The Bureau’s biggest hospital has a five hundred (500)
employees. Each of the six (6) other penal institutions has its own hospital/infirmary
with one (1) to three (3) medical officers.

24
 Medical cases that cannot be effectively treated at these hospital/infirmaries and
referred to better equipped government hospitals outside the prisons, chargeable to the
funds of the Bureau. As a standard procedure, inmates referred other hospital are
escorted by security officers and a members of the medical staff a medical allowance of
p.50 (US $0.02) a day is allotted each inmate.

Visitation Services

Inmates are allowed under supervision to be visited by the families and duly
registered friends from Sunday to Thursday from 9:00 a.m. to 3:00 p.m. daily.
Overnight conjugal visits are made only during special holidays like Christmas, New
Year, valentines and Independence Day.

Parole Examination

Then inmates’ carpets or record of service of sentence are submitted to the

Board of Pardons and Parole a month before the expiry of their minimum sentence
including Good Conduct Time Allowance and incentive imprisonment credits that they
may have earned.

Prison Agro-Industries

Prison agro-industries, which are the source of inmates livelihood programs, are
turned into joint ventures with private companies and non-governmental agencies to
improve production output and to provide adequate work programs for the inmates that
will enable them to earn just compensation while serving their prison sentence. Income
fro the Operation of Agro-industries in partnership whit the private sector augments the
Bureau limited appropriation.

Guidelines Prison Labor in the Philippines

Prison labor of finally convicted inmate:

 A finally convicted able-bodied inmate may be required to work at least eight (8)
hours a day, except on Sundays and legal holidays.

Prison labor of a detainee:

 A detainee may not be required to work in prison. However, he may be made to
police his cell and perform such other labor as may be deemed necessary for
hygienic or sanitary reasons.

Female inmate:
 A female inmate shall only be assigned to work on jobs suitable to her age and
physical condition. She shall be supervised only by women officers.

Old inmate:
 An inmate over sixty (60) years of age may be excused from mandatory labor.
Place of work assignment
 Only medium and minimum security inmates may be assigned to work in
agricultural field projects within a prison reservation. Maximum-security inmates
shall not be allowed to work outside the maximum security compound.

Compensation Earned Its Application

 One- half (1/2) of said earnings may be utilized by the inmate to purchase some
of his needs. The remainder shall be withheld, to be paid to him upon release
only. In exceptional cases, however, upon satisfactory showing of a necessity for

25
 withdrawal, the Director or the Superintendent may authorize the disbursement
of any part of the amount retained.

 Withdrawal of earnings – The inmate may, at any time, withdraw from his
compensation earnings in an amount not exceeding one-half (1/2) of his total
earnings. However, in cases of urgent need and at the discretion of the
Superintendent, the whole of his earnings may be withdrawn. But he may, at any
time, withdraw any part or all monies receive from other sources.

 Payment of trust deposit amount to released inmate – Upon the inmate’s

discharge from prison he shall be given the full balance of his deposit.

The Classification Movement

The reorganization or the federal prison system in 1930, stared the movement for
modern correctional reforms. The most recent developments in individualization of
treatment and training of prisoners. State correctional system have adopted California’s
system of diversification by institution and diversification within the institution in the
year 1944. Today, no prison system which has effectively without this programs.
Through such reorganization the Reception and Guidance Center was established. It’s a
new type of institution for the study of the prisoner and preparation of his treatment
and training program in prison.

Classification and Diversification

The Difference

Classification
Is the placing of prisoners into types or
categories for the implementation of the
best treatment programs. It is a method
by which diagnostic treatment planning
and execution of treatment programs are
coordinated in individual cases.
Diversification
Is an administrative device of correctional
institutions of providing varied and
flexible types of physical plants for more
effective control of the treatment
programs of its diversified population. It
is the separation of different types of
inmates for sound execution of their
treatment and custody.

The Classification Process

The rehabilitation program of the prisoner is carried through process of classification is

more than placing prisoners into types or categories it is a method by which diagnosis,
treatment and planning and execution of treatment program are coordinated in the
individual care.

Objectives of Classification Process

The objectives of classification are the development of an integrated and realistic

programs of the prisoner arrived at through the coordination of diagnosis, planning and
treatments activities and an informed continuity of these activities from arrival to
release of the prisoner.

The Three Phases of Classification

26
1. Diagnosis- this done inside the reception center in which the inmates will
undergo series of test, e.g. physical, mental and medical examination in other to
determine the inmates condition.

2. Treatment Planning- this will takes place in the reception center, which is a
special unit from the prisoner or in the classification clinic of the prison. (After
the staff interview and staff conference is done, it will be then part of the
admission summary)

3. Execution of the Treatment Program- this will takes place in the operating
institution or prison.

Reception and Diagnostic Center (RDC)

(Created by virtue of Administrative Order No. 11 of the Secretary of Justice)

In line with the latest approach to treatment — the individualized or casework

method — it is necessary that prisoners must undergo a diagnostic examination,
study and observation for the purpose of determining the program of treatment
and training best’ suited to their needs and the institution to which they should
be transferred. These processes take place in the Reception & Diagnostic Center
within-the first (60) sixty days of their commitment to prison. In 1953, the
Reception and Diagnostic Center was established for diagnostic study of
prisoners for more scientific rehabilitation.

The Reception and Diagnostic Center makes possible the careful study of offen-
ders by a professional staff, the segregation of prisoners based on scientific
methods: the treatment of inmates based upon careful study of the individual
inmate at the time of commitment; the improvement of institutional programs
based on close study of inmate's characteristics and needs made at the Center;
and the development of research concerning the causes and treatment of
delinquency or crime. The Reception Center is a specialized diagnostic institution
designed to service a big correctional system. It is not a treatment center.

In order that the Center can accomplish the purposes for which it is intended,
the following basic elements must exist in the correctional system:

 There must be a sufficient member and variety of institutions or treatment

facilities available to permit placement of each individual in accordance with his
treatment and training needs.

 There must be an integration of plan and program, including the reception

center, treatment facilities in .the prison, and parole placement and supervision.

 The public must be educated to accept the basic concept of treatment as

opposed to mere punishment.

 There must be a sound philosophy of treatment and training throughout the

entire correctional system.

 There must be good physical facilities and personnel.

The Eight (8) Reception and Diagnostic Center Staff

 Psychiatrist: (determines the mental and emotional make-up of the individual)

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

27
 mendation with regard to custody and transfer and calls attention to any special
conditions which limit or indicate special type of work, educational training,
recreation or disciplinary treatment.

 Psychologist: (determines mental level, general and special abilities, interests

and skills of the inmates)
 interviews the man and administers tests. The psychological abstract presents a
statement of the psychologist's findings with regard to the mental level, general
and special abilities, interests and skills of the prisoner. The outstanding factors
contributing to the maladjustment of the individual are pointed out. A prognosis
for institutional and parole adjustment based on the inmate's attitudes,
characteristics and peculiarities is included. In this abstract, the psychologist
makes his recommendation with regard to custody, transfer and general
education and further study and treatment of the man.

 Sociologist: (determines the inmates individual’s social situation and relationship)

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

 Educational Counselor: (determines the educational strengths and weaknesses)

 the inmate is interviewed by the educational officer in order to determine his
educational strengths and weaknesses and to recommend suitable educational
program for him. He conducts orientation classes in general education in order to
change the inmate's attitudes toward education. He gives counsel to inmates
found wanting in educational needs. He prepares a report of every inmate on
general education as part of the case summary of the inmate.

 Vocational Counselor: (determines the types of vocational training)

 through interview it will obtained a record of the man's former employment and
tests the man to determine his general and special abilities, interests and skills.
The results comprise the vocational abstract and recommendations are set forth
with regard to the types of vocational training which should be made available to
the inmate during his incarceration.

 Chaplain: (look into the religious affiliation)

 The inmate is interviewed by the Chaplain and he is encouraged to participate in
religious worship. The Chaplain's abstract states the religious affiliation of the
prisoner and gives his opinion as to the significance of the inmate's religious
attitudes in determining his conduct. The Chaplain makes recommendations with
regard to further religious training.

 Medical Officer: (determines the medical history and physical examination)

 a complete physical examination is given each inmate at which time his medical
history is obtained. The examination covers the major organs of the body, such
as the lungs and the heart, and includes tests of the blood and sense organs.
The doctor correlates the patient's previous health history with present findings
in the medical history and physical examination, plus recommendation for
medical treatment.

 Custodial Correctional Officer: (determines the attitude through significant

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

28
 Staff Interview and Staff Conference
The Difference

Staff Interview Staff Conference

a process whereby each inmate will be
interviewed by the eight staff of the
reception center to determines the
totality of the inmates condition.
a process whereby the eight staff will
convene and create a tentative
treatment program for each inmate
based on the consolidation findings
that they gathered.
Also known as guidance conference or
case conference

The Admission Summary

The written reports submitted by the staff, of the center regarding their findings
on-the prisoners are compiled, and form the admission summary. The admission
summary becomes the, nucleus of the cumulative case history of the prisoner. It
should be prepared in three copies.

Contents of Admission Summary

 Physical condition;
 Vocational interests, competence and experience;
 Educational status;
 Religious background and interest;
 Recreational interest;
 Psychological characteristics evaluated by the psychiatrist and the psychologist;
 Behavior in the Reception Center, reported by the custodial staff;
 Initial reaction to group psychotherapy or group counseling or other forms of
treatment.

Transfer Out of the Center

When the admission summary is completed, it is forwarded to the Director of

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

The Classification Committee

(Bureau of Correction)

 The Warden or Superintendent – Chairman

 Deputy Warden for Custody - Asst. Chairman
 Deputy Warden for Classification and Treatment – Member
 Production Manager – Member
 Chief, Medical Services – Member
 Chaplain – Member
 Psychologists or Psychiatrist - Member

Bureau of Prisons to Bureau of Corrections

The basic law on the Philippine Prison System is found in the Revised
Administrative Code. Particularly Sections 1705 to 1751 of said Code,
otherwise known as the Prison Law. Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an

29
 agency under the Department of Commerce and Police. Revise Administrative
Code of 1987 (E.O. 292) and Proclamation No. 495 issued on November 22,
1989. Change the agencies' name to Bureau of Corrections from Bureau of
Prisons. Republic Act No. 10575 The Bureau of Corrections Act of 2013″.
Approved May 24, 2013

The Mandates of the Bureau of Corrections

The BuCor shall be in charge of:

1. Safekeeping and;
2. Instituting reformation programs to national inmates sentenced to more than
three (3) years.

Safekeeping and Reformation

The Difference

Safekeeping Reformation
 refer to the act that ensures the shall refer to the acts which ensure the
public (including families of inmates public (including families of inmates
and their victims) that national and their victims) that released
inmates are provided with their national inmates are no longer harmful
basic needs, to the community by becoming
 completely incapacitated from reformed individuals prepared to live a
further committing criminal acts, normal and productive life upon
and have been totally cut off from reintegration to the mainstream
their criminal networks (or contacts society.
in the free society)
 while serving sentence inside the
premises of the national
penitentiary.
 This act also includes protection
against illegal organized armed
groups which have the capacity of
launching an attack on any prison
camp of the national penitentiary to
rescue their convicted comrade or
to forcibly amass firearms issued to
prison guards.

Prison Discipline and Preventive Discipline

The Difference

Prison Discipline Preventive Prison

is the state of good order and behavior. early correction of minor violations
Includes maintenance of good standards committed by prisoners before it become
of works, sanitation, safety, education, serious one.
health and recreation.

Safekeeping of the National Inmates

30
 The safekeeping of 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 Officers with a ranking system and salary grades similar to its
counterpart in the BJMP.
Reformation of National Inmates

(1) Moral and Spiritual Program;

(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.

Corrections Technical Officers

are personnel employed in the implementation of reformation programs and those

personnel whose nature of work requires proximate or direct contact with inmates.

The following are Corrections Technical Officers:

priests, evangelists, pastors, teachers, instructors, professors, vocational placement

officers, librarians, guidance counselors, physicians, nurses, medical technologists,
pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists, social
workers, engineers, electricians, agriculturists, veterinarians, lawyers and similar
professional skills relevant to the implementation of inmate reformation programs.

Rank in the Bureau of Correction Top Management

 Director General of Corrections (Head of BuCor)

 Deputy Directors of Corrections
 Corrections Chief Superintendent
 Corrections Senior Superintendent
 Corrections Superintendent

Ratio of the Custodial Force

The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7

Reformation personnel-to-inmate ratio of 1:24.

Bureau of Prisons Historical Accounts

(Quick Background)

 Old Bilibid Prison on Oroquieta Street in Manila, which was established in 1847;
this prison became known as the “Carcel y Presidio Correccional”
 August 21, 1870, the San Ramon Prison and Penal Farm in Zamboanga City was
established to confine Muslim rebels and recalcitrant political prisoners opposed
to the Spanish rule;
 San Ramon Established during the tenure of Governor General Ramon Blanco the
facility was originally established for persons convicted of political crimes.
 Governor Luke Wright authorized the establishment of a penal colony in the
province of Palawan on November 16, 1904. Americans established in 1904 the
first penal institution Iuhit penal settlement (now Iwahig Prison and Penal
Farm)

31
 First Superintendent Lt. George Wolfe.
 Col. John R. White of the Philippine Constabulary, who became superintendent of
Iwahig in 1906, the colony became a successful settlement.
A merit system was devised for the prisoners and vocational activities were
offered.
 These included farming, fishing, forestry, carpentry, and hospital paramedical
work.
 Iwahig (best open penal institution of the world) is subdivided into four zones or
districts:
 Central sub-colony with an area of 14,700 hectares;
 Sta. Lucia with 9,685 hectares;
 Montible with 8,000 hectares and
 Inagawan with 13,000 hectares.
 On November 27, 1929, the Correctional Institution for Women (CIW) was
created under Act No. 3579 To date, it is the only prison facility for women In
the country;
 Its old name, “Women’s Prison,” was changed to “Correctional Institution for
Women.”
 The Davao Penal Colony was opened in January 21, 1932 under Act No. 3732.
 Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which
reserved a site for the penal colony in Davao province in Mindandao.
 Davao Penal Colony is the first penal settlement founded and organized under
Filipino administration.
 During World War II, the Davao penal colony was converted into a concentration
camp where more than 1,000 Japanese internees were committed by the
Philippine-American Armed Forces.
 Commonwealth Act No. 67 was enacted, for the construction of a new national
prison in the southern suburb of Muntinlupa, Rizal in 1935 The New Bilibid
Prison. It was officially named the New Bilibid Prison on January 22, 1941.
 The NBP Camp Sampaguita or the Medium Security Camp, which was used as a
military stockade during the martial law years.
 Minimum Security Camp, was christened “Bukang Liwayway”.
 Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison
and Penal Farm in Occidental Mindoro was established;
 Leyte Regional Prison under Proclamation No. 1101 issued on January 16, 1973.
 FORT BONIFACIO PRISON, formerly known as Fort William McKinley.
The prison was originally used as a detention center for offenders of US military
laws and ordinances.
 Before World War II, two national prisons were established by the government
which are no longer operational today.
 Corregidor Island, the Island prison and Bontoc Prison in Mountain Province.

Bureau of Corrections
(Detailed Background)

 The main penitentiary was the Old Bilibid Prison on Oroquieta Street in
Manila, which was established in 1847. It was formally opened on April
10, 1866 by a Royal Decree. About four years later, on August 21, 1870,
the San Ramon Prison and Penal Farm in Zamboanga City was established
to confine Muslim rebels and intractable political prisoners opposed to
the Spanish rule. The facility, which faced the Jolo Sea, had Spanish-
inspired dormitories and was originally set on a 1,414-hectare sprawling
estate.

 When the Americans took over in the 1900s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated
November 1, 1905) as an agency under the Department of Commerce and

32
 Police. It also paved the way for the re-establishment of San Ramon
Prison in 1907, which was destroyed in 1898 during the Spanish-American
War. It placed under the auspices of the Bureau of Prisons and started
receiving prisoners from Mindanao.

 Before the reconstruction of San Ramon Prison, the Americans established

in 1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on
a vast reservation of 28,072 hectares. It would reach a total land area of
40,000 hectares in the late 1950s. It was located on the westernmost
part of the archipelago far from the main town to confine incorrigibles
with little hope of rehabilitation. The area was expanded to 41,007
hectares by virtue of Executive Order No. 67 issued by Governor Newton
Gilbert on October 15, 1912.

 Other penal colonies were established during the American regime. On

November 27, 1929, the Correctional Institution for Women (CIW) was
created under Act No. 3579 to date, it is the only prison facility for women
in the country. The Davao Penal Colony in Southern Mindanao was
opened in January 21, 1932 under Act No. 3732.

 After the liberation of the Philippines, the colony-in-exile in Palawan

returned to its old site in Davao. A great deal of rebuilding and repair had
to be done because the war had almost completely destroyed the colony.
In 1953, the colony ventured into abaca farming. A few years later, a new
sub colony was founded in Kapalong District. In the 1970s, the prison
administration entered into a joint venture agreement with a private
sector partner to further explore the potential of the area. Under the
agreement, prisoners are to be trained as part of their rehabilitation in
agro-industrial production of fruits like bananas.

 SABLAYAN PRISON AND PENAL FARM: Nearer to Manila than other

penal colonies, the Sablayan Penal Colony is located in Occidental Mindoro
and relatively new. Established on September 26, 1954 by virtue of
Presidential Proclamation No. 72, the penal colony has a total land area of
approximately 16,190 hectares. Prison records show that the first colonists
and employees arrived in Sablayan on January 15, 1955. Since then
several buildings have been constructed, including the colonists’
dormitories, employees’ quarters, guardhouse, schoolhouse, chapel,
recreation hall, and Post Exchange. Three sub-colonies were later
organized. One is a reservation which this day remains part of a
protected rainforest. Another is in a coastal area. The third was used by
the national government as a relocation site for refugees from the
eruption of Mt. Pinatubo eruption in 1991. Sablayan prison is a facility
where prisoners from NBP are brought for decongestion purposes. It
follows the same colony standards as other penal farms.

 LEYTE REGIONAL PRISON: The Leyte Regional Prison (LRP), situated in

Abuyog, Southern Leyte, was established a year after the declaration of
martial law in 1972 by virtue of Presidential Decree No. 28. While its
plantilla and institutional plan were almost ideal, lack of funds made the
prison unable to realize its full potential and its facilities are often below
par compared with those of other established penal farms. The LRP has
an inmate capacity of 500. It follows the same agricultural format as the
main correctional program in addition to some rehabilitation
activities. The prison admits convicted offenders from Region VI and from
the national penitentiary in Muntinlupa.

33
 Owing to the increasing number of committals to the Old Bilibid Prison in
Manila, the New Bilibid Prison was established in 1935 in the southern
suburb of Muntinlupa, Rizal. The old prison was transformed into a
receiving center and a storage facility for farm produce from the
colonies. It was later abandoned and is now under the jurisdiction of the
Public Estates Authority.

 After the American regime, two more penal institutions were

established. These were the Sablayan Prison and Penal Farm in
Occidental Mindoro under Proclamation No. 72 issued on September 26,
1954 and Leyte Regional Prison under Proclamation No. 1101 issued on
January 16, 1973.

 NEW BILIBID PRISON (NBP): The projected increase in the

prison population prompted the government to plan and develop a
new site for the national penitentiary. The growing urbanization of
Manila and constant lobbying by conservative groups fueled the idea of
transferring the Old Bilibid Prison to a new site, which at the time was
considered remote and on the outskirts of the urban center.
Accordingly, Commonwealth Act No. 67 was enacted, appropriating one
million pesos for the construction of a new national prison in Muntinlupa.

 On November 15, 1940, all inmates of the Old Bilibid Prison in Manila
were transferred to the new site. The new institution had a capacity of
3,000 prisoners and it was officially
named the New Bilibid Prison on January 22, 1941. The prison
reservation had an area of 587 hectares, part of which was arable. The
prison compound proper had an area of 300 x 300 meters or a total of
nine hectares. It was surrounded by three layers of barbed wire.

 The institution became the maximum security compound in the ‘70s and
continues to be so. The camp houses not only death convicts and
inmates sentenced to life term, but also those with numerous pending
cases, multiple convictions, and sentences of more than 20 years.

 After World War II, there was a surfeit of steel matting in the inventory
and it was used to improve the security fence. In the late ‘60s, fences
were further reinforced with concrete slabs. In the 1980s, the height of
the concrete wall was increased and another facility was constructed,
2.5 kilometers from the main building. This became known as Camp
Sampaguita or the Medium Security Camp.

 On January 22, 1941 the electric chair was transferred to New Bilibid
Prison. The death chamber was constructed in the rear area of the camp
when the mode of execution was through electrocution. Today, it is a
security zone where those convicted of drug offenses are held.

 The NBP expanded with the construction of new security facilities. These
were the Medium Security Camp, which was used as a military stockade
during martial law and the Minimum Security Camp, whose first site was
christened Bukang Liwayway. This was transferred to another site within
the reservation where the former depot was situated.

 The increase in the prison population has affected the segregation system.
Several foreign funded projects dot the prison reservation, among them,
the Half-Way House and the Juvenile Training Center. Both projects are
supported by funds from Japan through the representation of the
Interdisciplinary Committee of National Police Commission (NAPOLCOM).

34
 CORRECTIONAL INSTITUTION FOR WOMEN (CIW): In a report dated
January 22, 1959, submitted to a committee created by Administrative
Order No. 287 by the President of the Philippines, it was noted
that “before a separate building was constructed especially for women
prisoners, all female convicts were confined at the Old Bilibid Prison on
Azcarraga St., Manila. The male prisoners were confined in dormitories
near the women’s quarters. Because of these conditions, vocational
activities of the women prisoners were limited to embroidery. When they
became ill, the women were confined in a separate building which served
as a hospital with nurses and prison physicians. When women prisoners
needed surgery, they were operated on at the Bilibid Prison. After the
operation, they were transferred to the infirmary for convalescence”.

 Prison authorities were aware of the conditions that the women prisoners
had to endure. Consequently, the transfer of the women to a separate site
became inevitable. After a series of negotiations started by Prison
Director Ramon Victorio, the Philippine Legislature passed Republic Act
No. 3579 in November, 1929. It authorized the transfer of all women
inmates to a building in Welfareville at Mandaluyong, Rizal and
appropriated P60, 000 for the move.

 On February 14, 1931, the women prisoners were transferred from the
Old Bilibid Prison to the building especially constructed for them. Its old
name, “Women’s Prison,” was changed to “Correctional Institution for
Women.” This was in keeping with emerging trends in penology, which
emphasized correction rather than punishment. Convicts were brought
back into the social mainstream adjusted and rehabilitated with a better
outlook in life.

 CIW, according to a Senate report, occupied 18 hectares. The original

structure was a one-story building which housed the office, the brigades,
mess hall, kitchen, chapel, infirmary, bathrooms and employees’
restrooms. The building has a central courtyard with trees and flowering
plants. The prisoners’ vocational activities were expanded to include
poultry and piggery as well as cultivation of crops, flowers and fruits.
Living quarters for the institution’s employees were later constructed in
the compound.

 During the Japanese occupation, the CIW, despite a drastic reduction in the
number of its employees, continued with its work. A number of female military
prisoners were also confined in the institution. They were later freed by the U.S.
Army.

 After the war, the CIW resumed its normal operations. Weekly catechism
classes were introduced. A dental clinic was built. Local telephones were
installed in the guards’ quarters. The Bureau of Public Works made major repairs
on the main building and a workshop and infirmary were constructed for the
inmates’ use. The infirmary during that time could accommodate around 16
patients. In 2000, a new four-story building was constructed by the Department of
Public Works within the grounds of CIW. It eased the growing congestion in the
facility. The CIW, with a capacity for only 200 inmates, had to accommodate
1,000 inmates.

 FORT BONIFACIO PRISON: A committee report submitted to then President

Carlos P. Garcia described Fort Bonifacio, formerly known as Fort William
McKinley, as a military reservation located in Makati, which was established after
the Americans came to the Philippines. The prison was originally used as a
detention center for offenders of US military laws and ordinances. After the
liberation of the Philippines, the reservation was transferred to the Philippine
government, which instructed the Bureau of Prisons to use the facility for the

35
 confinement of maximum security prisoners. For several years, incorrigibles
were mixed with political prisoners (those convicted of rebellion) at the Fort
Bonifacio facility until June 30, 1968, when it was converted into a prison
exclusively for political offenders. After a bloody April 1969 riot at the Muntinlupa
facility, however, incorrigible prisoners from Muntinlupa were transferred to Fort
Bonifacio. During the administration of President Diosdado Macapagal, the Fort
was renamed Fort Andres Bonifacio. The correctional facility was also
renamed Fort Bonifacio Prison. The one-story building now stands on a one-
hectare area. The Fort Bonifacio Prison continued to be a satellite prison of the
national penitentiary even after martial law was lifted. It was only in the late
1980’s that the facility was vacated by the Bureau of Prisons.

 IWAHIG PENAL COLONY: This facility was established during the American
occupation. It was however; during the Spanish regime that Puerto Princesa was
designated as a place where offenders sentenced to banishment were exiled. A
specific area of Puerto Princesa was selected as the site for a
correctional facility. The American military carved out a prison facility in the rain
forest of Puerto Princesa. The institution had for its first Superintendent Lt.
George Wolfe, a member of the U.S. expeditionary force, who later became the
first prisons director. Governor Luke Wright authorized the establishment of a
penal colony in the province of Palawan on November 16, 1904. This penal
settlement, which originally comprised an area of 22 acres, originally served as a
depository for prisoners who could not be accommodated at the Bilibid Prison in
Manila. In 1906, however, the Department of Commerce and Police (which later
became the Department of Public Instruction) moved to turn the institution into
the center of a penal colony supervised in accordance with trends at the time.
Through the department’s efforts, the Philippine Commission of the United States
government passed Act No. 1723 in 1907 classifying the settlement as a penal
institution. The settlement was at first beset by attempted escapes. But under
the supervision of Col. John R. White of the Philippine Constabulary, who would
become superintendent of Iwahig in 1906, the colony became a successful
settlement. A merit system was devised for the prisoners and vocational
activities were offered. These included farming, fishing, forestry, carpentry, and
hospital paramedical work. Prisoners could choose the vocational activities they
wanted.

 In 1955, Administrative Order Number 20 was promulgated by the President and

implemented by the Secretary of Justice and the Secretary of Agriculture and
Natural Resources. This order allowed the distribution of colony
lands for cultivation by deserving colonists. The order also contained a list of
qualifications for colonists who wished to apply for a lot to cultivate, the
conditions for the settler’s stay in his land, loan requirements and marketing of
the settlers’ produce. Lots granted did not exceed six hectares.

 On August 16, 1959, a committee was created by President Carlos P. Garcia to

study the state of national prisons. Accordingly, prisoners in Iwahig were divided
into two groups: the settlers and colonists. The settlers are those engaged in
farming for their own benefit; they are the ones whose applications for land to
cultivate have been approved. The government furnishes the land and initial
requirements for tools, dwellings and beast of burden. They are required to
reimburse expenditures incurred for their maintenance and that of their families
out of the products of their farms. Upon their release from the colony, they
receive whatever amount of money they have credited in their favor, after
deducting the obligations they have. Iwahig is subdivided into four zones or
districts: Central sub-colony with an area of 14,700 hectares; Sta. Lucia with
9,685 hectares; Montible with 8,000 hectares and Inagawan with 13,000
hectares. Recent developments and presidential proclamations have dramatically
reduced the size of the prison reservation of Iwahig.

 SAN RAMON PRISON AND PENAL FARM: According to historical

accounts, the San Ramon Prison was established in Southern Zamboanga on
August 21, 1870 through a royal decree promulgated in 1869. Established
during the tenure of Governor General Ramon Blanco (whose patron saint the
prison was named after), the facility was originally established for persons
convicted of political crimes. Considered the oldest penal facility in the country,
prisoners in San Ramon were required to do agricultural work. During the

36
 Spanish-American War in 1898, the prisoners in San Ramon were hastily
released and the buildings destroyed. In 1907, the American administration re-
established the prison farm. In 1912, Gen. John Pershing, chief executive of the
Department of Mindanao and Sulu, classified the institution as a prison and penal
colony and therein confined people sentenced by the courts under his
jurisdiction. Under Pershing’s supervision, several buildings with a capacity for
600 prisoners were constructed. After several years, the colony became
practically self-supporting, with 75,000 coconut trees, which were planted at the
beginning of Pershing’s administration, contributing to the colony’s self-
sufficiency. Aside from coconuts, rice, corn, papaya and other crops were also
cultivated. On November 1, 1905, Reorganization Act No. 1407 was approved
creating the Bureau of Prisons under the
Department of Commerce and Police, integrating the Old Bilibid
Prison, San Ramon Penal Colony and Iwahig Penal. The Philippine Coconut
Authority took over management of the coconut farm from San Ramon. In 1995,
Congresswoman Maria Clara Lobregat proposed the transfer of San Ramon
Prison to Bongiao town, in the mountainous area of Zamboanga, to give way to a
special economic zone.

 DAVAO PENAL COLONY: The Davao Penal Colony is the first penal settlement
founded and organized under Filipino administration. The settlement,
which originally had an area of approximately 30,000 hectares in the districts
of Panabo and Tagum, Davao del Norte, was formally established on January
21, 1932 by virtue of Act No. 3732. This Act authorized the Governor-General to
lease or sell the lands, buildings and improvements in San Ramon Prison and
Iwahig Penal Colony. It also granted authority to the Secretary of Justice to
establish a new prison and penal colony in a suitable public land. A budget of
P500,000 was allocated. Several committees were created to pick a suitable
site for the penal settlement. In accordance with the recommendation of these
committees, Governor Dwight Davis signed Proclamation No. 414 on October 7,
1931, which reserved a site for the penal colony in Davao province in
Mindandao. The site offered ideal conditions for agricultural activities. During
World War II, the colony was converted into a concentration camp where more
than 1,000 Japanese internees were committed by the Philippine-American
Armed Forces. The Japanese were treated in accordance with the orders of the
American commanding officer.

 On December 20, 1941, the Japanese Imperial Forces attacked Davao and the
colony was among the establishments taken over by the invading army. The
entire settlement was thrown into confusion and a great number of prisoners
escaped. Normal operations were inevitably disturbed. November 8, 1942, a
representative of the Director of Prisons transferred the colony and its properties
to the Japanese authorities. The remaining colony employees, their families and
the inmates evacuated to Iwahig where they organized the Davao Penal Colony
at Inagawan sub colony (Palawan). The organization of the colony in exile was
authorized by virtue of Memorandum Order No. 60 dated June 28, 1943 and
signed by the Director of Prisons.

 In 1940, the entire prison population including security facilities and equipment
were transferred to a new site in Muntinlupa. A portion was left to serve as the
Manila office of the Bureau of Prisons. Remaining edifices were used to house
the Manila City Jail. The office was used as a holding center for inmates with
pending court cases in the City of Manila. In 1980, however, when the national
leadership moved to claim the area for another project, the remaining office
was transferred to New Bilibid Prison. It has since been reclaimed and turned
into a station of the Mass Railway System traversing the area. The prison
occupied a quadrangular piece of land 180 meters long on each side, which was
formerly a part of the Mayhalique Estate in the heart of Manila. It housed a
building for the offices and quarters of the prison warden, and 15 buildings
or departments for prisoners that were arranged radially to form spokes. The
central tower formed the hub. Under this tower was the chapel. There were
four cell-houses for the isolated prisoners and four isolated buildings located
on the four corners of the walls, which served as kitchen, hospital and
stores. The prison was divided in the middle by a thick wall. One-half of the
enclosed space was assigned to Presidio prisoners and the other half to Carcel
prisoners. The Laurel report continued: “In 1908, a concrete modern hospital with
a capacity of 200 beds as well as new dormitories for the prisoners, were added.”
A carpentry shop was organized within the confines of the facility. For some time,

37
 the shop became a trademark for fine workmanship of furniture made by
prisoners. At the time, sales of handicrafts were done through the institutions
and inmates were compensated depending on the availability of funds. As a
consequence, inmates often had to sell or barter their products.

 The Bureau of Prisons was renamed Bureau of Corrections under the New
Administrative Code of 1987 and Proclamation No. 495 issued on November
22, 1989. It is one of the attached agencies of the Department of Justice.

 In the early days of the Bureau of Corrections (formerly Bureau of Prisons), penal
institutions were established, closed or transferred to new sites. These included
the Old Bilibid Prison, New Bilibid Prison, and Correctional Institution for Women,
Fort Bonifacio Prison, Iwahig Penal Colony (now Iwahig Prison and Penal
Farm), San Ramon Prison and Penal Farm, Davao Prison and Penal Farm,
Bontoc Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.

 OLD BILIBID PRISON: A 1969 Senate Report prepared by Senator Salvador

Laurel described the Old Bilibid Prison as “the main insular penitentiary designed
to house the prison population of the country.” This prison was known as the
“Carcel y Presidio Correccional” and could accommodate 1,127 prisoners. The
Carcel was designed to house 600 prisoners who were segregated according to
class, sex and crime while the Presidio could accommodate
527 prisoners. Today it is used as City Jail of Manila and known to be as “May
Haligue Street”.

The Birth of Reception and Diagnostic Center

The first RDC facility was created in Building of the Maximum Security Compound
of the New Bilibid Prison in 1953; RDC was transferred to Sampaguita Camp in
1973. The RDC was turned into a Therapeutic Community Camp on February 6,
2003.

Bureau of Correction Operations

Purpose of confinement
 To segregate and ;him from society; and
 To rehabilitate.

Basic principles
 Discipline
 Reformation
 Safe custody of inmates.

Carpeta and Prison Record

The Difference

Carpeta Prison Record

refers to the institutional record of an
inmate which consists of his mittimus
/commitment order, the persecutor’s
information and the discussion of the trial
court, including that the appellate court,
if any;
refers to information concerning an
inmate’s personal circumstances, the
offense he committed, the sentence
imposed, the criminal case numbers in
the trial and appellate courts, the date he
commenced service of his sentence, the
date of expiration of his sentence, the
number of previous convictions, if any,
and his behavior or conduct while
imprison.

Reception and diagnostic Center/ Therapeutic Community - shall receive, study

and classify inmates, within 60 days.

38
Quarantine –inmate shall be placed in quarantine for a least five (5) days during
which he shall be-

 Physical and mental examination

 Oriented with prison rules; and
 Interviewed by a counselor; social workers or other program staff officers.

In (55) days the inmate shall undergo psychiatric, psychological, sociological,

vocational, educational and religious and other examinations. The results of said
examinations should be the basis for the inmate’s individualized treatment program.

RDC is a special unit in prison, which operates not as prison, detention nor treatment or
prisoners, but only provides the process of classification of prisoners for their treatment
and rehabilitation process.

Before a prisoners is admitted to the operating institution, he must stay at RDC for 60
days where he will undergo staff interview, examinations, documentation and initial
classification, this is also known as diagnostics examination. After the diagnosis of the
total personality of the prisoner, a treatment plan will be provided for the prisoner’s
rehabilitation and early release. Before the treatment programs be executed the
prisoner will be inform of its treatment programs and the penalties and policies of
prison. Then the prisoner will not submit himself and cooperate with treatment program
provided for him.
Objectives of RDC

1. To develop an integrated and realistic programs for the prisoner through the
coordination of diagnosis, treatment planning and treatment activities.
2. Provide and guide the prisoner or the continuity of the treatment from its
commitment to release.

Functions of RDC

1. To examine each offender for contagious disease and treat or immunize

them against such diseases;
2. To conduct orientation program and provide inmates with exploratory
vocational experience in order to keep them profitably occupied;
3. To collect and study the social history of each offender;
4. To administer achievement, personality and intelligence test to determine
his capacities and potentialities;
5. To evaluate his emotional make-up through psychiatric interviews and
observation;
6. To hold periodic classification meetings to review each individual case ad
make final decisions;
7. To make recommendations as to treatment, custody and transfer to a
suitable institution;
8. To conduct follow-up work to ensure that the recommendations are carried
out;
9. To conduct research studies this will contribute to a better understanding of
the causes of crime, prevention of delinquency, the rehabilitation of
offenders.

Requirement for the Admission of Inmates in Bureau of Corrections

 Mittimus/ Commitment Order of the court;

 Information and Court decision in the case;
 Certification of detention, if any; and
 Certification that the case of the inmate is not on appeal.

Classification of Inmates as to Security Risk

39
Maximum Security (uniform color is tangerine or orange) – this shall include highly
dangerous or high security risk inmates as determined by the Classification Board who
require a degree of control and supervision. Under this category are-

 those sentenced to death;

 those whose minimum sentence is twenty (20) years imprisonment;
 Remand inmates or detainees whose sentence is twenty (10) year and above
and those whose sentences are under the review by the Supreme Court or the
Court of Appeals.
 Those with pending cases;
 Recidivists, habitual delinquents and escapees;
 Those confined at the Reception and Diagnostic center;
 Those under disciplinary punishment or safekeeping; and
 Those who are criminally insane or those with severe personality or emotional
disorders that make them dangerous to fellow inmates or the prison staff.

Medium Security (uniform color is blue) – this shall include those who cannot be
trusted in less secured areas and whose conduct or behavior require minimum
supervision.

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

Minimum Security (uniform color is brown) – this shall include those who can be
reasonably trusted to serve their sentences under less restricted conditions.

 those with a severe physical handicap as certified by the chief medical officer of
the prison;
 those who are sixty-five (65) years old and above, without pending case and
whose convictions are not on appeal;
 those who have served one –half (1/2) of their minimum sentence or one-third
(1/3) of the maximum sentence, excluding Good Conduct Time Allowance
(GCTA)
 those who have only six (6) months more to serve before the expiration of their
maximum sentence.
(The color of the uniform of detainee is gray)

Trustee:

an inmate of a jail who has been assigned to a status of “trust” because he is

considered by the jail or prison administrator to be sufficiently responsible given wider
range of work with less supervision than average prisoners. They are given the status
of trust because of their proven or trusted behavior demonstrated while serving
sentence. They are given a work assignment that would assist the custodial force they
are known as “Bastoneros”, giving security force in meal distribution, transportation and
other work.

40
 Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails where transferred in the

national prison after conviction by final judgment if the penalty is more than
three years. The prisoners are received at the Reception and Diagnostic
Center for examinations.

 Checking – this include the checking of papers and other documents of

prisoner by the prison administrator, such as travel document or commitment
order issued by judge.

 Identification – proper identification of prisoner is done through his picture

and fingerprint.

 Searching – this involves frisking and searching hidden dangerous things or

weapons and other contraband.

 Orientation – this is the reading of rules and regulations of the prisons.

 Assignment – prisoner is sending to quarantine unit for a period of seven to
ten days.
Classification of Inmates as to
Entitlement of Privileges
 Detainee;
 Third Class inmate – one who has either been previously committed for
three (3) or more times as a sentenced inmate, except those imprisoned
for non-payment of a fine and those who had been reduced from a higher
class;
 Second Class inmate – a newly arrived inmate; an inmate demoted from
first class; or one promoted from the third class;
 First Class inmate – one whose known character and credit for work while
in detention earned assignment to this class upon commencement of
sentence; or one who has been promoted from the second class.
 Colonist.
Qualifications of a Colonist

 be at least a first class inmate and has served one (1) year immediately
preceding the completion of the period specified in the following
qualifications;
 has served imprisonment with good conduct for a period equivalent to one
fifth (1/5) of the maximum term of his prison sentence, or seven (7) years
in the case of a life sentence.

Privileges of a Colonist

 Credit of an additional GCTA of five (5) days for each calendar month
while he retains said classification aside from the regular GCTA authorized
under Article 97 of the RPC (not applicable under present law) ;

 Automatic reduction of the life sentence imposed on the colonist to a

sentence of thirty (30) years;

 As a special reward to a deserving colonist, the issuance of a reasonable

amount of clothing and ordinarily household supplies from the
government commissary in addition to free subsistence; and

 To wear civilian clothes on such special occasions as may be designated

by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

41
  To view the remains of a deceased relative and all its supporting
documents shall be filed with the Superintendent at least two (2) days
before the enjoyment of the privilege sought.

 Inmate may be allowed more or less three (3) hours to view the deceased
relative in the place where the remains lie in state.

 The privilege may be enjoyed only if the deceased relative is in a place

within a radius of thirty (30) kilometers by road from the prison. Where
the distance is more than thirty (30) kilometers, the privilege may be
extended if the inmate can leave and return to his place of confident
during the daylight hours of the same day.

Time-Release Education

Thirty (30) days prior to his scheduled date of release, an inmate is transferred
to the Separation and Placement Center for the purposes of reorientation with the ways
of free society. Service of Non-Governmental Organization and their religious sector are
made possible to the offenders prior to release from prison to assist in their
reintegration to society.

Release

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the expiration of the

sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of
acquittal of the accused prisoner or grant of bail.
d. The President of the Philippines in cases of Executive Clemency or
Amnesty.

A release prisoner is supplied by the bureau with transportation fare to his home
plus gratuity of fifty pesos (P50.00) to cover the cost subsistence en route, and suit of
decent clothes.

Prison and Jail

The Difference

Prison Jail

42
 a penitentiary, an institution for a place of confinement for those
the imprisonment of persons who are awaiting for trial or are
convicted of major/serious those serving short sentences.
crimes.

a place of confinement for those primarily adult penal institution

who are serving more than 3 used for the detention of law
years of imprisonment. violators, which is administered
by a province, city and
is a confinement facility having municipality.
custodial authority over an
individual sentenced by a court to
imprisonment, which is The word Jail derived or
administered by a national originated from the Spanish word
government. “Caula or Jaula”, meaning cage.

The word Prison derived or

originated from the Greco-Roman
“Presidio”.

Lock Up Jail

This is a security facility, usually operated by the police department, for the temporary
detention of persons held for investigation or awaiting trial.

Creation of Provincial Jail

(Administered and Management by Provincial Government)

SECTION 468. (4) (vii) Establish and provide the maintenance and improvement
of jails and detention centers, institute a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted prisoners in the
province; R.A. 7160

The Provincial Jail

The Provincial Jail System was first established in 1910 under the American
regime. Each of the seventy-six (76) provinces has a Provincial Jail is headed by a
Provincial Jail Warden which is appointed by the Provincial Governor, as well as
provincial jail guards with conformity with the Civil Service Law. The DILG serves as the
supervising agency in every Provincial Jail.

The management of our Provincial Jails and its program of rehabilitation are
dependent upon the Provincial Warden and the provincial government. Most of the
Provincial Jails today are faced with the congestion problem and funds. Today, there
are twenty-one (21) provincial government that have constructed their respective sub-
provincial jails to house prisoners whose prison terms range from six (6) months and
one (1) day to three (3) years. There are now a total of 812 (as of 1993) offenders
confined in these jails, which is being handled by 203 jails guards and personnel. The
seventy-six (76) Provincial Jails have confined 9,865 (as of 1993) offenders and still
growing. These offenders are being provided with 2,439 provincial guards’ task to
secure and provide reformation unto them.

43
 Who is a Prisoner?

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

 any person detained/confined in jail or prison for the commission of a criminal
offense or convicted and serving in a penal institution.
 a person committed to jail or prison by a competent authority for any of the
following reasons: to serve sentence after conviction, trial or investigation.

General Classification of Prisoners

 Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are prisoners
under the jurisdiction of courts.

 Sentenced Prisoners
offenders who are committed to jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the jurisdiction of penal
institutions.

 Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the community
against their harmful behavior.

Classification of Sentenced Prisoner

(P.D. 29)

 Insular or National Prisoners

sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.

 Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years or a fine
not more than 1, 000.00 pesos or both.

 City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not
more than 1,000.00 pesos or both.

 Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.

Classification of Detainees

The three (3) types of detainees are those:

 Undergoing investigation;
 Awaiting or undergoing trial; and
 Awaiting final judgment.

The BJMP Doctrines and Practices

Legal Basis:

 Sec. 60, R.A. 6975- the Bureau of Jail Management and Penology here in after
referred to as the jail bureau, is hereby created initially consisting of the existing
officers and non- uniform members of the office of the jail management and
penology as constituted under P.D. 765 under the defunct PCINP.

44
  Sec. 61 R.A. 6975- provides that the Jail Bureau shall exercise supervision and
control over city and municipal jails. The provincial jails, shall be supervised and
controlled by the provincial government within its jurisdiction, whose expense
shall be subsidized by the National Government for not more than 3 years after
the affectivity of this act, and shall plan and program funds for the subsistence
allowance of the offender and conduct research, develop and implement plans
and programs for the improvement of jail services throughout the country.

 Sec. 62 ibid- the jail bureau shall be headed by chief with the rank of Director
and assisted by a deputy with the rank of chief superintendent. The central office
serves as the main office staff, which is composed of three ranking official
members, six (6) directorial staff groups, and four personal staff groups.

The Three (3) Ranking Officials in the BJMP:

 Chief BJMP
 Deputy Chief
 Chief of Staff

The Six (6) Directorial Staff

 Directorial for personnel

 Directorial for operations
 Director logistics
 Director for comptrollership
 Director for research plans and programs
 Director for inspection and investigation

SIX SPECIAL STAFF GROUP SHALL BE WITH THE PRESENT CHIEF OF

EACH OFFICE

 General Services Unit

 Health Services Unit
 Chaplain Services Unit
 Supplies and Accountability office
 Finances Service Unit
 Hearing Office Unit

The Personnel Staff Group

 Inspectorate Office
 Community Relation office
 Legal office
 Internal office

Guidelines in Reception
and
Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:

 Commitment Order/ Mittimus;

45
  Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal

Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;

 Taking all cash and other personal property from the inmate and issue
receipt;
 Turn-over all cash and valuables of the inmate to the Property Custodian
for safe keeping with official receipts.

Step 3. Physical examination/appraisal by the Jail Medical personnel

 Conduct a thorough medical examination of the inmate and check for

body vermin, cuts, bruises and other injuries and for needle marks to
determine if he/she is a drug dependent.
 Observe the mental alertness, overall appearance, physical abnormalities,
rashes, scratches or other identifying marks of the inmate.
 Inmate found with contagious disease or with psychological problems be
immediately isolated/segregated from other inmates.
 A medical record is accomplished to include medical history(Vital Signs:
PB, Pulse Rate & Temperature)
 Compare the findings with the medical certificate Issued by the Medico-
legal Officer upon his entry in jail.

Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and

complete the documents required in the Carpeta.

Accomplish the Following Documents:

 Fingerprint Specimen Sheet;

 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;

In addition to the above enumerated documents, the Carpeta should also contain
the following, to wit:

 Commitment Order / Mittimus;

 Complaint;
 Information;
 Pending Warrant;
 Subpoena;
 Decision/Judgment;

46
Step 5. Orientation of inmate to jail rules and policies and about Article 29 of
the RPC/ R.A. 6127 (detainee’s manifestation) by the chief custodial or the
officer of the day.

Appraise the detainee, preferably in the dialect which he/she understands, that
under Article 29 of the Revised Penal Code, as amended by R.A. 6127, that his
her preventive imprisonment shall be credited in the service of his/her sentence,
consisting of deprivation of liberty for the whole period he/she is detained if
he/she agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners; Provided, that he/she is not a recidivist, or
has not been previously convicted twice or more times of any crime; and when,
upon being summoned for the execution of his/her sentence, he/she surrendered
voluntarily.

Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

a. Chairman - Deputy Warden

b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development Officer

Mittimus and Commitment Order

The Difference

Mittimus Commitment Order

Is a warrant issued by court bearing its
seal and signed by the judge directing
the prison/jail authorities to receive
inmates for custody or service of
sentence imposed therein.
Is a warrant issued by court bearing its
seal and signed by the judge directing
the prison/jail authorities to receive
inmates for custody while waiting for
trial.

Duties and Functions of the Classification Board:

The Classification Board is tasked to conduct background investigation of inmates to

determine the work assignment, type of supervision and degree of custody and
restrictions under which an inmate must live in jail. The investigation shall focus on:

 Facts and data of the present case;

 Earlier criminal history and if he/she is a recidivist or habitual delinquent,
the facts about his/her attitudes and behavior while confined in other
institutions;
 Biography or life history;
 Medical History;
 Vocational, recreational, educational and religious background/interests;
 Psychological characteristics as evaluated by the psychiatrist and
psychologist.

Disciplinary Board

The board is tasked to implement discipline inside the jails just in case there are
violation of existing rules and policies.

COMPOSITION:

47
  Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, social
worker/ rehabilitation officer

The board is tasked to investigate the facts of the alleged misconduct

referred to it by the warden:

Authorized Disciplinary Penalties:

 Reprimand
 Temp or permanent cancellation of some or all recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement
 Transfer to another facility with court coordination

Limitation of Punishment

 No female inmate is subjected to any disciplinary punishment which might

affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with punishment
corporal and inhuman punishment is prohibited
 Medical examination is required when solitary or extra fatigue punishment
is imposed
 Jail physician may recommend termination of punishment on grounds of
physical or mental health

Procedure in Hearing Disciplinary Cases

 The aggrieved inmate shall inform any member of the custodial force of
the violation, the letter in turn, officially report the matter to the desk
officer. If one of the employees knows of the violation committed by the
inmate, a brief description of the circumstances surrounding or leading to
the reported violation and all facts relative to the case shall be made.

 The desk officer shall simultaneously inform the warden station/

substation commander, as the case may be and shall immediately cause
the investigation. He shall submit to the warden his report together with
his recommendations.

 The warden shall evaluate the report and if he believes that there is no
sufficient evidence to support the alleged violation, he shall dismiss the
case. If he believes there exist sufficient evidence, he shall decide the
case and impose the necessary penalty in case of minor violation. If the
case is less grave or grave, he shall endorse it to the board for hearing or
decide it himself as a summary disciplinary officer if there is no disciplinary
board.

 The inmate shall be confronted to the reported violation and ask how he
pleads to the charge. If he admit the violation or pleads guilty, the board
shall impose the corresponding punishment.

 If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the desk officer. The
inmate shall then be given the opportunity to defend himself by his
testimony and those of his witness, if any, and to present other evidences
to prove his innocence.

48
  After the hearing, the board shall decide the case on the merits.

 Whether the inmate is found guilty or not, he should be advised to obey

the rules and regulations strictly and reminded that the good behavior is
indispensable for his early release and or the granting of privileges.
 Decision of the board/ summary disciplinary officer is subject to the
review and approval by the warden and / or the higher authority. The
inmate may request a review and approval by the and/ or the higher
authority. The inmate may request a review on the findings of the board
and the propriety of the penalty to the central office, BJMP decision shall
be final.

Punishable Acts inside the Jail:

Minor Offenses:

 selling or bartering with fellow inmates items not classified as contraband.

 rendering personal services to fellow inmates.
 Untidy or dirty in his personal appearance.
 Littering or failing to maintain cleanliness and orderliness in his quarter
and/ or surroundings.
 Making frivolous or groundless complaints
 Taking the cudgels or reporting complaints
 Late reporting to duty without jurisdiction reason; and
 Willful waste of food.

Less Grave Offense:

 Failure to report for work detail without sufficient justification.

 Failure to render assistance to an injured personnel or inmates.
 Failure to assist in the putting out of fire inside the jail.
 Acting boisterously during religious, social and other groups function.
 Swearing, cursing or using profane language directed personally toward
other person.
 Malingering or reporting as sick to escape work assignment.
 Spreading rumors or maliciously intriguing against honor of any persons,
particularly members of the custodial force.
 Failing to stand at attention and give due respect when confronted by or
reporting to any officers or member of the custodial force.
 Forcing fellow inmate to render services to himself and/ or others
 Exchanging uniform or wearing clothes other than those issued to him the
purposes of circumventing jail rules.
 Loitering or being in an unauthorized place.
 Using the telephone without authority
 Writing, defacing or drawing on walls, floor or any equipment.
 Withholding information which is inimical and prejudicial to the jail
administration.
 Possession of lewd or pornographic literature and photographs.
 Absence from cell, brigade, place of work during head count or at any
time without justifiable reason; and
 Failing to turn over any implements/ article issued after the details.
 Committing any act prejudicial to or which is necessary to good order and
discipline.

Grave Offense:

 Making untruthful statement or lies in official communication, transaction,

or investigation.

49
  Keeping or concealing keys or locks of places in the jail where it is off
limits to offender.
 Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other contraband which the
rules prohibit.
 Tattooing others or allowing himself to be tattooed, or keeping any
paraphernalia for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other prohibited drugs.
 Making , improvising or keeping any kind of deadly weapon.
 Concealing or withholding information on plans of attempted escape.
 Unruly conduct and behavior and flagrant of discipline and instructions.
 Helping, adding or abetting others to escape.
 Fighting causing any disturbance or participating there in and/ or agitating
to cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or other and/ or
allowing to be subject of such indecent, immoral or lascivious acts.

Punishable Acts inside Jail:

 Willful disobedience to lawful orders issued by an officer or member of the

custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment issued to the inmates.
 Participating in any kangaroo court, unauthorized or irregular court
conducted with disregard for or perversion of legal proceeding of a mock
court by offender in jail/ prison.
 Affiliating oneself to any gangs or faction whose main purpose is to
ferment regionalism or to segregate them from others.
 Failing to inform the authorities concerned when afflicted with any
communicable disease like VD, etc.
 Committing any act, which is in violation of any ordinance, in which case
he shall separately be prosecuted criminally in accordance with law.

Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:

 The control center shall immediately sound the alarm and inform the
warden in case of escape.
 At the first sound of the alarm, the inmates shall be locked in their
respective cells.
 All the first personnel, custodial and non-custodial force shall make
themselves available for deployment.
 Personnel who have inmates under their care shall remain on duty; take
their accounting at the time of the emergency.
 A simultaneous institution-wide count shall be made to determine the
numbers of inmates who escaped identities established.
 As soon as the identities of the escapees are established, it shall be
published and all police precincts be immediately notified.
 Radio and television stations should be immediately notified.
 Recovery teams shall be sent out to all known liars, hangouts.
 In case of mass jailbreaks, all the members of the custodial force shall
issued firearms and resigned to critical post to block the escape routes.
 If an officer is held hostage, reasonable caution should be made to ensure
his/ her safety.
 If the warden is held hostage, for all intents and purposes he ceases to
exercise authority and the next in command shall take the action.

50
  Maximum force shall be deployed for escapes found holding on in an area
to pressure them to surrender and avert their movements and an
investigation shall commence thereafter.

Extinction of Criminal Liability

The criminal liability of the person is extinguished into two instances the partial
and total extinction of the criminal liability of the convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

Marriage of the offender with the offended woman after the commission o any of
the crimes of rape, Seduction, Abduction, or Acts of Lasciviousness must be
contracted by the offender in good faith. The marriage contracted only to avoid
criminal liability is devoid or has no legal effects and that the criminal liability of
the offender is not extinguish.

2. By the death of the convict, as to the personal penalties; and as to pecuniary

penalties, liability thereof is extinguished only when the death of the offender
occurs before final judgment.

If the offender died before final judgment its pecuniary or civil liabilities is
extinguished. But, if the convict died after final judgment the pecuniary penalties
or civil liabilities is not extinguished. If the offended party died it does not
extinguished the civil and criminal liability of the offender due to the reason that
the offense is committed against the state.

3. By service of sentence

Crime is a debt by the offender as a consequence of his wrongful act and the
penalty is the amount of his debt. When the payment is made, the debt is
extinguished. After the convict has served its sentence its criminal liability is
extinguished but does not include the civil liability.

4. By amnesty, which completely extinguishes the penalty and all its effects:

Amnesty defined. It is an act of the sovereign power granting oblivion or a

general pardon for a past offense. And is rarely, if ever, exercised in favor of a
single individual and is exerted in behalf of certain classes of persons; who are
subject to trial but have yet been convicted. However, amnesty maybe granted
after conviction. All its civil liabilities are being extinguished also.

5. By absolute Pardon

Absolute Pardon defined. It is an act grace proceeding from the power entrusted
with the execution of the laws, which exempts the individual on whom it is
bestowed from the punishment, the law inflicts for the crime he has committed.

Pardon will only extinguished the punishment of crime upon acceptance of the
grantee. Once pardon is accepted by the grantee the pardon already delivered
cannot be revoked by the authority, which granted pardon.

As practiced in the Philippines, there are two kinds of pardons, namely, the
absolute and conditional pardons.

Absolute Pardon - is one, which is given without any condition attached to it.
The purposes of this kind of pardon are:

51
 1. To do away with the miscarriage of justice - Under the present method of
judicial procedure justice is not guaranteed. It is possible to convict innocent
person, as it is possible for criminals to escape the hands of justice. When an
innocent convict has no more recourse through courts, the remedy is
absolute pardon. The power of the President to pardon offenders on the
grounds of innocence is rarely exercised because the criminal procedures are
liberal in granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute pardon
is granted after an exhaustive investigation is conducted and upon
recommendation of the Secretary of Justice.

2. To keep punishment abreast with the current philosophy, concept or practice

of criminal justice administration - A criminal act, because of changing
scheme of social values, may become non-criminal at a later date. Therefore,
persons serving imprisonment at the time of the repeal of the law abolishing
the crime may be extended absolute pardon. For example, a person serving
imprisonment for black-marketing of gasoline when this commodity was
rationed may after the repeal of the law on black-marketing be extended
absolute pardon.

3. To restore full political and civil rights of persons who have already served
their sentence and have waited the prescribed period. The greatest number
of application for absolute pardon come from ex-prisoners who desire to be
restored their political and civil rights. In the Philippines, the Office of the
President laid down the policy to grant absolute pardon to ex-prisoners ten
years from the date of their release from prison. Recently the policy was
relaxed, thereby shortening the waiting period of five years. The waiting
period is required to give the offender an opportunity to demonstrate that he
has established a new pattern of conduct.

Effects of Absolute Pardon

Absolute Pardon does not work to restore the right to hold public office or the
right to suffrage, unless such rights are expressly restored by the terms of pardon. A
pardon does not exempt the offender from the payment of civil indemnity imposed
upon him by the sentence. Absolute pardon totally extinguishes the criminal liability but
not the right of the offended party to enforce the civil liability against the offender.

In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the
doctrine that the absolute pardon removes all that is left of the consequences of
conviction, and that it is absolute in so far it restores the pardonee to full civil and
political rights.

In another case, the supreme Court reiterated the doctrine laid down on the
Cristobal vs. Labrador case and elucidated further that “an absolute pardon not only
blots out the crime but removes all disabilities resulting from the conviction; and that
when granted after the term of imprisonment has expired, absolute pardon removes all
that is left of the consequences of conviction.” (Polobello vs. Palatino, 72 Phil.441 )

Differences between Amnesty and Pardon

Pardon includes any crime and is exercised individually by the Chief Executive,
while amnesty is a blanket pardon granted to a group of prisoners, generally political
prisoners. Pardon is exercised when the person is already convicted while amnesty
may be given before trial or investigation is had.

52
 In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “pardon is granted by the Chief Executive
and such it is a private act which must be placed and proved by the person pardoned,
because the courts take no notice thereof; while amnesty is by proclamation with
concurrence of Congress, and it is a public act which the courts should take judicial
notice. Pardon is granted to one after conviction, while amnesty is granted to classes of
persons who may be guilty of political offenses, generally before or after the institution
of criminal prosecution and sometimes after conviction. “

Limitations of the Pardoning Power

The power of the chief Executive to grant pardon is limited to the following:

1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par.
2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election
law may be granted without favorable recommendation of the Commission of
Elections. “(Art. X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.

It is an elementary principle in political law that pardon can only be given after
final conviction. Cases pending trial or an appeal are still within the exclusive jurisdiction
of the courts hence, pursuant to the theory of separation of powers, the Chief Executive
has no jurisdiction over the accused.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:

1. By conditional Pardon

A conditional pardon delivered and accepted is considered a contract between

the sovereign power of the executive and the convict that the former will release the
latter upon compliance with the condition.

2. By Commutation of Sentence

Commutation defined. Is an act of clemency by which an execute act changes a

heavier sentence to a less serious one or a longer term to a shorter term.

It is a change of decision of the court, made by the Chief Executive by reducing

the degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment or the amount of the fine.

Purpose of Commutation of Sentence

a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.

Instances where commutation is provided by law:

1. When the convict who is sentenced to death is over 70 years of age;

2. When the justices of the Supreme Court fail to reach a decision for the
affirmation of the death penalty.

53
In either case, the degree of penalty is reduced from death to reclusion perpetua. In
commutation of sentence, consent of the offender is not necessary. The public welfare
not his consent determines what shall be done.

3. By Good Conduct Time Allowance (RA 10592)

The conduct of any prisoner in any penal constitution shall entitle him to the
following deductions from the period of his sentence;

 First two years of imprisonment – twenty (20) days of allowed

deduction for each month of good behavior;
 Third of fifth year – twenty three (23) days allowed deduction of each
of good behavior;
 Sixth to the tenth year – twenty five (25) days allowed deduction for
each month of good behavior;
 Eleventh and success years – thirty (30) days allowed deduction for
each month of good behavior.

 At any time during the period of imprisonment, he shall be allowed

another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time
rendered.

 Remember: An appeal by the accused shall not deprive him of entitlement

to the above allowances for good conduct.

Special Time Allowance (RA 10592)

 Special time allowance for loyalty. – A deduction of one fifth of the period
of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the
circumstances mentioned in Article 158 of this Code, gives himself up to
the authorities within 48 hours following the issuance of a proclamation
announcing the passing away of the calamity or catastrophe referred to in
said article.

 A deduction of two-fifths of the period of his sentence shall be granted

in case said prisoner chose to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in
Article 158 of this Code.

 “This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence.”

Authority to Grant

 Director of the Bureau of Corrections, the Chief of the Bureau of Jail

Management and Penology and/or the Warden of a provincial, district,
municipal or city jail shall grant allowances for good conduct. Such
allowances once granted shall not be revoked.”

Conditional Pardon - Conditional Pardon serves the purpose of releasing,

through executive clemency, a prisoner who is already reformed or rehabilitated but
who cannot be paroled because the parole law does not apply to him. Thus a prisoner
serving a determinate sentence or life imprisonment is excluded from the benefits of

54
the parole law. However, when this prisoner has already been reformed, he may be
released on conditional pardon.

Nature of Conditional Pardon

Conditional Pardon is in the nature of a contract, so that it must first be

accepted by the recipient before it takes effect. The pardonee is under obligation to
comply strictly with the conditions imposed therein, otherwise, his non-compliance will
result to the revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of
the conditions of his pardon, he will be prosecuted criminally as a pardon violator. Upon
convictions, the accused will be sentenced to serve an imprisonment of prison
correctional. However, if the penalty remitted by the granting of such pardon be higher
than six years, the pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his

family or relative, or upon the recommendation of the prison authorities. The petition or
request is processed by the Board of Pardons and Parole. The Board shall determine if
the prisoner has served a sufficient portion of his sentence; his release is not inimical to
the interest of the community; and that there is a likelihood that the offender will not
become a public charge and will not recidivate in crime. If all these factors are
favorable, then the Board will endorse the petition favorably to the President. If the
case is premature, the petitioner is so informed.

Some Guides in Pardon Selection

In determining the fitness of a prisoner for release on conditional pardon, the

following points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner should be
disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the
community from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social,
economic, psychological and emotional backgrounds – should be carefully
investigated.

Conditional Pardon Distinguished from Parole

The purpose of conditional pardon and parole is the same – the release of a
prisoner who is already reformed in order that he can continue to serve his sentence
outside of the institution, thus giving him the opportunity to gradually assume the
responsibilities of a free man. Both releases are subject to the same set of conditions
will subject the parolee or pardonee to be recommitted to prison. The only difference
between the two is the granting authority. In parole the granting authority is the Board
of Pardons and Parole, while in conditional pardon, the granting authority is the
President.

Conditions of Pardon and Parole

In the Philippines, the pardonee is given the same set of rules or conditions as
the parolee. Among the conditions usually imposed on pardonees and parolees are the
following:

55
 1. That he shall live in his parole residence and shall not change his residence
during the period of his parole without first obtaining the consent of the Board of
Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs
not get the permission of the Board, although he may so inform his parole officer
(Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or
to such officer as may be designated by the Executive Officer of the Board of
Pardons and Parole during the first year once a month and, thereafter, once
every two months or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places
or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any
officer designated by the Executive Officer of the Board to visit him at reasonable
times at his place of abode or elsewhere and shall truthfully answer any
reasonable inquiries concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly
manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department
of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may
from time to time make.

Abuse of the Pardon Power and It’s Safeguards

The power vested on the President by the Constitution to grant pardon is very
broad and exclusive. It is not subject to review by the courts. Neither does congress
have the right to establish conditions nor provide procedure for the exercise of pardon.
Under these circumstances, it is therefore possible that unscrupulous Chief Executive
can abuse his power. In fact, nearly every presidential election the alleged abuse of the
pardoning power has come up as campaign issue against the incumbent President. The
truth of the charge has never been investigated, but the fact that the alleged anomaly
is aired publicly is an indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning
power. First is the constitutional provision that the President may be impeached for a
willful violation of the Constitution. This is enough deterrent for the Chief Executive to
abuse this power. Second, is the policy of the Office of the Chief Executive, ever since
the time of the American Governors General, to approve pardon cases, which are
favorably recommended by the Board of Pardons and Parole. Although this policy does
not wholly bind the President, seldom, if ever, has it been disregarded.

Is Pardon Necessary in our Penal System?

Judges are human beings and are therefore apt to commit errors. It is possible
for an innocent to get convicted, as it is possible for a criminal to escape the hands of
justice. An innocent man may not be able to present evidence to prove his innocence,
or may not have the money to hire a good counsel. Many of our penal laws are
outmoded and are no longer kept abreast with current trends of criminal justice
administration. Judges are limited by laws to the use of discretion they may exercise in
any given case. Under any of the above circumstances, an injustice may result, which
can only be remedied by the exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently

protected against the ex-prisoner if the latter is released through parole or conditional
pardon. Unfortunately, not all sentences are indeterminate so that some prisoners are
deprived of the privilege of parole. Therefore, pardon is necessary for the prisoners who
do not fall under the parole law.

56
 OTHER FORMS OF EXECUTIVE CLEMENCY

AMNESTY

Amnesty is a general pardon extended to groups of persons and is generally

exercised by executive clemency with the concurrence of Congress. Usually the
recipients of amnesty are political offenders, although there are some exceptions. For
example, President Truman issued two proclamation granting amnesty to unnamed
persons, one at the end of World War II in 1945 and another at the end of the Korean
Conflict in 1952. In these cases, the persons have been convicted of crimes against the
United States but were pardoned by terms of proclamation for having served in the
armed forces for at least a year during the conflicts. Those who did so received pardons
without having to apply for them.

The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated
that the “purpose of amnesty is to bring about the return of dissidents and recalcitrant
elements of our population to their homes and the resumption by them of their lawful
pursuits, or occupations, as loyal and law-abiding citizens, to accelerate the
rehabilitation of the war-devastated country, restore peace and order, and secure the
welfare and happiness of the communities.”

Amnesty looks backward and abolishes and puts into oblivion the offense itself.
It so overlooks and obliterates the offense with which he is charged that the person
released by amnesty stands before the law as though he had committed no offense.

Amnesty is extended to convict as well as persons who have not yet been tried
by the court. Some of the proclamations of amnesty are as follows:

1. Proclamation No. 51 – This proclamation was issued by the late

President Manuel Roxas on January 28, 1948, granting amnesty to those who
collaborated with the enemy during World War II.

2. Proclamation No. 76 – This was issued by President Elpidio Quirino

on June 21, 1948, extending amnesty to leaders of the Hukbolahap and
Pambansang Kaisahan ng mga Magbubukid (PKM). The amnesty applied to
crimes of rebellion, sedition, illegal association, assault, resistance and
disobedience to persons in authority and illegal possession of firearm.

3. Proclamation No. 51 – was issued in order to attain the following

objectives: To pardon those commited crimes against the security of the
State who have changed their hostile attitude towards the government and
have voluntarily surrendered with their arms and ammunitions. To get the
dissidents back into the fold of law abiding citizens. To gather the loose
firearms.

COMMUTATION

Commutation is an act of clemency by which an executive act changes a heavier

sentence to a less serious one or a long term to a shorter term. It may alter death or
life sentence to a term of years. Commutation does not forgive the offender but merely
reduces the penalty of life sentence for a term of years.
Purposes of Commutation

Some of the common uses of commutations are the following:

1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel.
For example, a law making qualified theft, the stealing of young coconuts from
trees, or fish from the fishpond, or sugar cane from the sugar cane field.
Qualified theft imposes an unusually heavy penalty on the culprit, which is

57
 greatly misappropriated to the value of article stolen. Even if the judge would
want to impose a light penalty, he could not do so because his hands are tied by
the provision of the law. The sentence in this case may be reduced by
commutations of sentence.

2. To extend parole in cases where the parole law does not apply - Commutation
enables the recipient to be released on parole when his sentence does not allow
him parole, like, for example, when the sentence is determinate or life sentence,
or when the prisoner is serving two or more sentences. The sentence may be
changed to an indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.

3. To save the life of a person sentenced to death - This is one of the most
common uses of commutation of sentence. In the Philippines, 95% of death
penalty cases are commuted to life imprisonment.

Procedures in Commutations

When the sentence of death penalty is confirmed by the Supreme Court, the
condemned man or the head of the prison system (Director of Prisons) may file a
petition for commutation. The prisoner is subjected to a social, psychological and
psychiatric examination by the Staff of the Reception Center. The inquiry will include
the sociological history of the prisoner, his criminal history, mental psychological
capacities, work history, etc., the purpose of which is to determine the degree of
involvement in crime the prisoner is in, and to determine if he deserves to be given a
new lease in life. The petition is then forwarded to the Board of Pardons and Parole,
together with the reports of examinations of the reception and Diagnostic Center and
the recommendation of the Director of Prison on the petition.

The Board of Pardons and Parole processes the petition and will deliberate on a
recommendation after a careful study of the papers, including the reports of the
Reception and Diagnostic Center. It will them forward the petition, including its
recommendation to the President. The President will then act on the petition. In giving
or denying commutation, the President may not follow the recommendation of the
Board of Pardons and Parole.

REPRIEVE

Reprieve is a temporary stay of the execution of the sentence. Like pardon, the
President can only exercise reprieve when the sentence has become final. Generally,
reprieve is extended to death penalty prisoners. The date of the execution of sentence
is set back several days to enable the Chief Executive to study the petition of the
condemned man for commutation of sentence or pardon.

Good Conduct-time Deductions

Conditional release is the statutory shortening of the maximum sentence the

prisoners serves because of good behavior while in prison. This is called “good conduct-
time “and is given by the law as motivation for good behavior while serving sentence in
prison. Article 97, Revised Penal Code, provides good conduct time allowance to all
sentences under the following schedules:

“Good Conduct time allowance is automatically applied to reduce the sentence

but may be taken away from the prisoner if he fails to obey the rules and regulations of
the prison. However, good conduct time allowance may be remitted as a reward for
exceptional services the prisoner may render to the prison administration, or after the
lapse of some time when the prisoner has sufficiently demonstrated that he has
reformed.

58
 “If the prisoner does not forfeit his statutory good conduct time allowance through
misbehavior, he is released at time earned. He is released under supervision as if on
parole and subjected to all parole condition which, if violated, will result in the issuance
of a warrant, revocation of his release, and the requirement that he return to prison to
serve the maximum term.”

This form of conditional release is used in Federal, Kentucky, Kansas, North

Carolina and Wisconsin correctional institutions. The release of the prisoner is
mandatory when the accumulated time deducted from the sentence for good behavior
and work credits makes it mandatory to release the prisoner. The Board of Parole does
not participate in the selection process. This form of release does, however, enable the
parole staff to provide supervision for a period of time by which his release has been
advanced for good behavior as though the offender was on parole. The released
prisoners are subject to the regulation and control of parole.

In the Philippines, the prisoner who is released from prison after serving his
sentence less the good conduct time allowance, is released without any condition and is
considered to have served his sentence in full.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that
when a prisoner has been classified as trusty or penal colonists, he is given an
additional 5 days time allowance for every month of service. A prisoner serving life
sentence has his sentence automatically reduced to 30 years of imprisonment upon
attaining the classification of trusty or penal colonists.

PROBATION

Probation - A term coined by John Augustus, from the Latin verb "probare" –
which means to prove or to test.

Probation is a procedure under which the court releases a defendant found

guilty of a crime without imprisonment subject to the condition imposed by the court
and subject to the supervision of the probation service. Probation may be granted
either through the withholding of sentence (suspension of imposition of a sentence) or
through imposition of sentence and stay or suspension of its execution. The former
generally considered more desirable.

History of Probation

The origins of probation can be traced to English criminal law of the Middle Ages.
Harsh punishments were imposed on adults and children alike for offenses that were
not always if a serious nature. Sentences such as branding, flogging, mutilation and
execution were common. During the time of King Henry VIII, for instance, no less than
200 crimes were punishable by death, many of which were minor offenses.

This harshness eventually led to discontent in certain progressive segments of

English society concerned with the evolution of the justice system. Slowly, yet
resolutely, in an effort to mitigate these inhumane punishments, a variety of measures
were devised and adopted. Royal pardons could be purchased by the accused; activist
judges could refrain from applying statuses or could opt for a lenient interpretation of
them; stolen property could be devalued by the court so that offenders could be
charged with a lesser crime. Also, benefit of clergy, judicial reprieve, sanctuary, and
abjuration offered offenders a degree of protection from the enactment of harsh
sentences.

Eventually, the courts began the practice of "binding over for good behavior," a
form of temporary release during which offenders could take measures to secure
pardons or lesser sentences. Controversially, certain courts in due time began
suspending sentences.

59
 In the United States, particularly in Massachusetts, different practices were being
developed. "Security for good behavior," also known as good aberrance, was much like
modern bail: the accused paid a fee as collateral for good behavior. Filing was also
practiced in cases that did not demand an immediate sentence. Using this procedure,
indictments were "laid on file" or held in abeyance. To mitigate unreasonable
mandatory penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American practices were
genuine precursors to probation, it is the early use of recognizance and suspended
sentence that are directly related to modern probation.

Two names are most closely associated with the founding of probation: Matthew
Davenport Hill, an 18th century English barrister and judge, and John Augustus, a 19th
Century Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of youthful

offenders to one-day terms on the condition that they be returned to a parent or
guardian who would closely supervise them. When he eventually became the Recorder
of Birmingham, a judicial post, he used a similar practice for individuals who did not
seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they
were placed in the hands of generous guardians who willingly took charge of them. Hill
had police officers pay periodic visits to these guardians in an effort to tack the
offender's progress and to keep a running account.

John Augustus, the "Father of Probation," is recognized as the first true

probation officer. Augustus was born in Woburn, Massachusetts, in 1785. By 1829, he
was a permanent resident of Boston and the owner of a successful boot-making
business. It was undoubtedly his membership in the Washington Total Abstinence
Society that led him to the Boston courts. Washingtonians abstained from alcohol
themselves and were convinced that abusers of alcohol could be rehabilitated through
understanding, kindness and sustained moral suasion, rather than through conviction
and jail sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard,"
the first probationer. The offender was ordered to appear in court three weeks later
sentencing. He returned to court a sober man, accompanied by Augustus. To the
astonishment of all in attendance, his appearance and demeanor had dramatically
changed. Augustus thus began an 18-year career as a volunteer probation officer. Not
all of the offenders helped by Augustus were alcohol abusers, nor were all prospective
probationers taken under his wing. Close attention was paid to evaluating whether or
not a candidate would likely prove to be a successful subject of probation. The
offender's character, age and the people, places and things apt to influence him/her
were all considered.

Augustus was subsequently credited with founding Investigations, one of three

main concepts of modern probation, the other two being Intake and Supervision.
Augustus, who kept detailed notes on his activities, was also the first to apply the term
"probation" to this process of treating offenders. By 1858, John Augustus had provided
bail for 1,946 men and women, young and old. Reportedly, only ten of this number
forfeited their bond, a remarkable accomplishment when measured against any
standard. His reformer's zeal and dogged persistence won him the opposition of certain
segments of Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in Massachusetts
shortly after this death in 1859, was widely attributed to his efforts.

Following the passage of that first statute, probation spread gradually

throughout the United States and subsequently to many other countries. The juvenile
court movement contributed greatly to the development of probation as a legally
recognized method of dealing with offenders. The first juvenile court was established in

60
Chicago in 1899. Formalization of the concept of Intake is credited to the founders of
the Illinois juvenile court. Soon after, thirty states in turn introduced probation as a part
of juvenile court procedure. Today, all states offer both juvenile and adult probation.
The administrative structure of probation varies widely from state to state. In some
states, probation and parole are combined. There are state-administered probation
systems and locally administered systems. In New York, probation is locally
administered under the general supervision of the state.

Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's recommendations
in its report to the Legislature resulted in the creation of the New York State Probation
Commission in 1907. Until the late 1920s, this commission coordinated probation work
in various parts of the state, encouraging the statewide development of probation
services, the planned and promoted standards of practice, and guidelines for monitoring
local probation services.

In 1917, a State Division of Probation was established within the NYS

Department of Corrections, and in 1928 the Office of the Director of Probation was
created. The State's Division of Probation remained within the Department of
Corrections until 1970 when it was organized as a separate state agency within the
Executive Department. The Director of the NYS Division of Probation then became a
gubernatorial appointee, directly accountable to the governor.

As a result of additional statutory changes, local probation departments, which

prior to the early 1970s were responsible to the judiciary, followed they NYS Division of
Probation's lead. In 1974, all local probation directors were made accountable to their
respective chief county officials, or in the case of New York City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the state

division. The name was changed to the New York State Division of Probation and
Correctional Alternatives, enhancing the division's ability to foster the development and
effective implementation of local community-based corrections. A present, the New
York City Department of Probation is second only in size to the Los Angeles County
department.

History of Probation in the Philippines

Probation was first introduced in the Philippines during the American colonial
period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine Legislature
on 7 August 1935. This law created a Probation Office under the Department of Justice.
On November 16, 1937, after barely two years of existence, the Supreme Court of the
Philippines declared the Probation Law unconstitutional because of some defects in the
law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish a
probation system in the Philippines. This bill avoided the objectionable features of Act
4221 that struck down the 1935 law as unconstitutional. The bill was passed by the
House of Representatives, but was pending in the Senate when Martial Law was
declared and Congress was abolished. In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of
six months, the draft decree was presented to a selected group of 369 jurists,
penologists, civic leaders and social and behavioral scientists and practitioners. The
group overwhelmingly indorsed the establishment of an Adult Probation System in the
country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation
Law of 1976, was signed into Law by the President of the Philippines. The
operationalization of the probation system in 1976-1977 was a massive undertaking
during which all judges and prosecutors nationwide were trained in probation methods

61
and procedures; administrative and procedural manuals were developed; probation
officers recruited and trained, and the central agency and probation field offices
organized throughout the country. Fifteen selected probation officers were sent to
U.S.A. for orientation and training in probation administration. Upon their return, they
were assigned to train the newly recruited probation officers. The probation system
started to operate on January 3, 1978. As more probation officers were recruited and
trained, more field offices were opened.

Role of Probation in the Correctional System

Probation is a part of the correctional system. It cannot be properly considered

as an independent subject. It is only a phase of penology, and therefore, it must be
viewed in its relation to other aspects of the enforcement of the criminal laws and its
proper perspective. It is a part of an entire structure and only a single feature of a well-
rounded correctional process. Probation is a form of treatment of the convicted
offender. It is not a clemency, pity or leniency to the offender, but rather a substitute
for imprisonment. There are some offenders who must go to prison for their own good
and for the good of the society because their presence in the community constitutes a
threat to law and order. Other less inured to crime can remain in the community after
conviction where they are given a chance to conform to the demands of the society.
Probation is compared to an out-patient. The out-patient does not need to be confined
in a hospital because his sickness is not serious. However, the patient must remain
under the care and supervision of his family physician in order that his sickness will not
become serious. Similarly, the probationer does not need to go to prison, but he should
remain under the supervision and guidance of his probation officer in order that he will
not become a more serious offender.

Probation is given in cases that the ends of justice do not require that the
offender go to prison. This is also when all the following circumstances exist: that there
is a strong likelihood that the defendant will reform; that there is a little danger of
seriously injuring or harming members of the society by committing further crimes; that
the crime he committed is not one that is repugnant to society; that he has no previous
record of conviction; and that the deterrent effect of imprisonment on other criminals is
nit required. The person who is placed on probation is not a free man because he is
required to live within specified area. He is deprived of certain rights and privileges of
citizenship, but he retains some other rights and is entitled to the dignity of man.

Purpose of Probation

The Wickersham Reports in 1931 (Report of the “National Commission of Law

Observance and Enforcement, “page 146 of Report No. 9) states the purpose of
probation as follows:

1. “Probation, like parole and imprisonment, has as its primary objective the
protection of society against crime. Its methods may differ, but its broader
purpose must be to serve the great end of all organized justice – the protection
of the community… probation is an extension of the powers of the court over the
future behavior and destiny of the convicted person such as is not retained in
other dispositions of criminal case…

2. “ … in probation ( there ) is the recognition that in certain types of behavior

problems which come before the courts confinement may be both an
unnecessary and an inadequate means of dealing with the individuals involved;
unnecessary because in that particular case the end sought, i,e., the protection
of society, may be achieved without the cost of confinement, and inadequate
because the prison sentence may create difficulties and complications which will
make more, rather than less, doubtful the reinstatement of that particular
individual as a law-abiding citizen. “

62
 Advantages of Probation

Probation is more advantageous than imprisonment. In probation, the man is

spared the degrading, embittering and disabling experience of imprisonment that might
only confirm them in criminal ways. On the other hand, the offender can continue to
work in his place of employment. Family ties remain intact, thus preventing many a
broken home. Also, probation is less expensive which is only one tenth as costly as
imprisonment. To the extent that probation is being used today – about 60% of
convicted offenders are given probation – this type of sentencing therefore, will greatly
relieve prison congestion. Chief Justice Taft of the United States Supreme Court in a
case decided by that Court mentioned the purpose of the federal Probation Act as
follows:

“The great desideratum was the giving to young and new violators of law a
chance to reform and to escape the contaminating influence of association with
hardened or veteran criminals in the beginning of the imprisonment… Probation is the
attempted saving of a man who has taken one wrong step and whom the judge think to
be a brand who can be plucked from the burning at the time of the imposition of the
sentence. “

ADMINISTRATIVE ORGANIZATION OF PROBATION

During the early stages of probation the appointment of probation officers and
the administration of probation services were considered as court functions. Later,
probation service was provided to serve all courts within a City or County such courts as
juvenile, domestic, municipal and criminal. In this type of probation service, the
probation officers are appointed by the Civil Service Bureau or Commission. In recent
years there has been a trend toward a state integrated probation and parole service
for:

 Personality: He must be of such integrity, intelligence, and good

judgment as to command respect and public confidence; Because of the
importance-of his quasi-judicial functions, he: must possess the equivalent
personal qualifications of high judicial officer. He must be forthright, courageous
and independent. He should be appointed without reference to creed, color, or
political affiliation.

 Education: A board member should have an educational background

broad enough to provide him with knowledge of those professions mostly closely
related to parole administration. Specifically, academic training which has
qualified the board member for professional practice in a field such as
criminology, education, psychiatry, psychology, social work and sociology is
desirable. It is essential that he have the capacity and desire to round out his
knowledge, as effective performance is dependent upon an understanding of
legal processes, the dynamics of human behavior, and cultural conditions
contributing to crime.

 Experience: He must have an intimate knowledge of common situations

and problems confronting offenders. This might be obtained from a variety of
fields, such as probation, parole, the judiciary, law, social work, a correctional
institution, a delinquency preventive agency.

 Others: "He should not be an officer of a political party or seek or hold

elective office while a member of the board."

63
 History of Parole

The word Parole has a French origins in the term Parole D’Honneur which
means, “Word of Honor”. The idea of parole began emerging as Mirabeau of French
statesman suggested the function of parole into the court before his death in 1791. The
beginning of parole was very controversial in the process of correctional system.
Captain Alexander Marconochie started it under the concept of mark system, as a result
he was removed as warden at Norfolk Island Australia. Sir Walter Crofton in 1854
continued the vision of Maconochie in the form of Irish ticket-of-leave. In 1876 parole
was first introduced at Elmira Reformatory under Zebulon Brockway. Although parole
was used in United States in 1846 as a type of conditional release but it was not
popularized.

Massachusetts was the first state to officially establish parole service. Michigan
State in 1867 introduces first the indeterminate sentencing through the influence of
Brockway, as he was the Superintendent of Detroit Houston of correction.

Parole consist of the suspension of the sentence of a convict after having served
the minimum of the sentence imposed without the granting of a pardon, prescribing the
terms upon which the sentence shall be suspended.

Parole restores gradual freedom to the prisoners and bridges the gap between
the highly controlled and regimented prison life to the free life in the community. This
conditional release is subject with conditions are violated by the parolee, he will be
brought back to the prison to several its remaining term.

Parole is being conducted through the process of casework under its

classification committee. The committee considers all record materials as to the service
of sentence of the convict, its conduct and relationship with the staff and other
convicts.

Parole is the suspension of the sentence of a prisoner granted by the Parole

Board after serving the minimum penalty imposed by the court, subject to certain
conditions. In case of violation if any of the conditions, the parolee will be re-arrested
and recommitted to serve the portion of the original penalty.

PAROLE SYSTEM

The Board of Parole should be vested by law wide latitude of powers, which
include the following:

1. To set terms of parole.

2. To decide who shall be released on parole from among all inmates eligible.
3. To determine the date of release.
4. To decide revocation of actions.
5. To administer the agency responsible for parole supervision sometimes.

Institutional Parole Officers

In the preparation of cases for parole deliberation/the Board of Parole is aided by

a sufficient number of institutional classification and parole officers. These personnel
work closely as liaison officers between the board of parole and the prison, and are in
close contact with the parole officers in the field who supervise the parolees after
release.

The institutional classification or parole officer keeps up-to-date the running case
summary of the prisoner and makes said records available to the parole boards from
which it can base final parole action. He is responsible for the preparation the admission
summary of the prisoner, which includes the record of the present and previous criminal

64
offenses, a social history; religious history psychological and psychiatric study,
employment and educational accomplishment; and complete analysis of the community
arid situation: The institutional parole officer submits "progress reports" on the
prisoners' program and training as the inmates serve their sentences.

Administrative Structure

There are four plans or structures by which parole is administered, namely:

 The parole board serves as the administrative and policy-making board

for a combined probation and parole system. Most of the states of the
United States fall under this plan.
 The second plan that parole board administers the parole service only.
 The third plan is that the parole services are administered by the
department which administers the prison and other correctional
institutions and which department may or may not also include the
parole board.
 The fourth plan is that the parole services are administered by the
state correctional agency, which also administers probation and penal
institutions.

The parole system in the Philippines falls under the third plan. Generally
a parole office headed by an executive officer called Parole Administrator or Chief
Parole Officer administers parole. The Chief of the Parole Office executes the policies
formulated by the Board of Parole, and carries out the functions of parole. A parole
agency has two important units or subdivisions aside from the administrative and other
auxiliary service units. The principal subdivisions are the investigation and Supervision
Divisions.

Parole Investigation

The investigation unit of a parole agency is responsible for conducting pre-parole

investigations. The purposes of pre-parole investigation are (1) to bring the case history
facts up to date, and (2) to verify parole plan or work and residence.

Parole Selection

One of the most important functions of the Investigation Division is to help the
parole board in the selection of prisoners for parole. This cannot be determined merely
by the length of time served. If a prisoner is paroled too soon and while still
maladjusted, he may fail and return to prison. On the other hand if the prisoner is
retained too long, he may be embittered, depressed, become apathetic or get
discouraged, so" that when released he may fail to reestablish himself, adequately in
society. The institutional record a one cannot be used as an index of a prisoner's
readiness for parole because some men with deeply and socially dangerous patterns of
criminality are shrewd enough to maintain a good institutional record and yet be
actually among those with the poorest likelihood to succeed on parole.

In determining readiness of a prisoner for release, the program of treatment and

training of the prisoner in the penal institution should be coordinated with his -program
when released. The prison staff and parole bureau should coordinate in preparing the
detailed program of the prisoner, both in prison and on parole. One way of achieving
coordination between the two agencies, the prison and the parole bureau, is to provide
"institutional parole" officers who understand the problems of parole -supervision and
can work effectively with the parole bureau.-Another way to effect coordination
between the prison and the parole bureau is to assign parole officers from the staff of
the latter agency to work in the penal institutions. Under this arrangement the parole
officer participates actually in the classification and casework program of the prison and

65
is responsible for the evaluation of the inmates program from the standpoint of its
usefulness after release.

Tools in Selection

Three documents need to be prepared by the institutional staff to assist the

paroling authorities and the parole bureau their work with individual prisoners. They
are:

1. the pre-board summary;

2. the parole referral summary of the classification committee
3. the final pre-release progress report.

The Pre-Board Summary - This document is prepared by the institutional

parole officer. It a brief summary of the inmate's case, including his case history and
the salient points, which are considered necessary whether or not, parole is to be
granted.

The Parole Referral Summary - this document is prepared by the prison's

classification committee for the use of the parole bureau. The purpose of this summary
is to indicate to the field (parole) workers what the staff of the prison considers to be
essential for the best interest of the parolees and the protection of the society. It
contains an appraisal of the prisoner's personality and his needs for adjustment upon
return to society.

Pre-Release Progress Report - the institutional Classification Committee also

prepares this document. In this report, the professional contributions of the Reception-
Guidance Center and of the institution are brought together for greatest usefulness at
pre-release. The pre-release progress report is used by the Parole Board as guide in
determining the prisoner's eligibility for parole and in preparing his parole program. It
outlines the treatment program of the parolee. While the report contains certain
suggestions on the prisoner's program during the remaining weeks of his stay in prison,
special emphasis is given to his program when he leaves the institution in terms of
success after release. The parole officers use it as reference and guide when the inmate
is brought in for personal appearance to formulate with the parole officer a program for
parole.

Contents of the Parole Referral Summary

1. The general background and present status of the inmate.

 Local status with regard to release
 Previous criminal behavior in relation to parole situation.
 Social history (including family relations, social welfare assistance and use
of leisure time.)
 Personality adjustment in prison (including appraisal of disciplinary
record.)
 Other matters.

2. Report of Institutional Program

 Treatment of personality maladjustment
 Vocational training
 Academic education
 Medical treatment
 Recreational activities (including hobbies.)
 Religious interest
 Other matters.

66
 3. The Inmate’s own plans and concern over parole
 Preferred place of residence
 Type of work desired.
 Family relations.
 Problems anticipated by inmate.
 Other matters

4. Comments by the compiler of the report.

5. The staff recommendations.
 Level of supervision (maximum, medium, minimum).
 Residence
 Work
 Program (education, religion, recreation, etc.)
 Special needs (medical, financial, etc.)
 Other matters.

The Importance of the Parole Referral Summary

The parole referral summary represents the final evaluation of the effect upon
the inmates of this investment in their welfare by society. The parole referral summary
is sent to the field officers of the parole bureau. This document represents a general
plan for the care and treatment of the parolee. Circumstances may require
modifications of the recommendations contained by the paroling agency, yet the parole
referral summary remains the basic clinical document for the determination of the
man's program upon release, since it represents a comprehensive study by the
institutional staff of his entire life.

Pre-Parole Investigation

The primary duty of the parole board is the proper selection of prisoners to be
released on parole. It is the prime concern of the board to determine whether parole
applicants are capable of living in the community and remaining at liberty without
violating laws. It must also determine whether the release of the prisoner is compatible
with the welfare of society.

The investigation division of the parole office takes charge of making a pre-
parole investigation for reference and guidance of the board in the proper selection of
prisoners for parole. The parole officer making the pre-parole investigation collates all in
formations regarding the inmate contained in various documents or reports, namely,
the comments from the sentencing judge, comments from the prosecuting fiscal, _and
a further analysis of the many studies and contacts made by the trained prison staff
during the period of the inmates’ imprisonment.

The institutional reports consist of psychiatric and psychological reports', the

social history of the prisoner prepared by the sociologist, educational report evidence of
wanting to reform, conduct while in prison, attitude and other contributory factors. In
determining the fitness the prisoner for parole, the parole board should likewise look
into the negative factors which may disqualify the prisoner for parole, such as the
adverse feeling of the community toward his release on parole, and unstable family
situation, lack of employment; opportunity or unsatisfactory record of previous
employment history of failure to support family or dependents properly; lack of:
responsibility, record of nomadism, alcoholism lack of home sites, and antisocial 'nor
immoral acts. The parole board should likewise consider the favorable or unfavorable
reports of the field supervising parole officer on the parole plan for the prisoner since
this officer makes last minute verification on arrangement regarding residence, selection
of parole adviser, and prospective employment.

Parole Hearing — How Conducted

67
 Parole hearings may be commenced by a written petition of the prisoner or by
his relatives. In an institution where casework method is highly developed, there is no
need for the prisoner to file a petition since the institutional classification committee,
motu propio initiates parole proceedings the moment the prisoner becomes eligible.

Several methods are used in selecting prisoners for parole. Some boards of
parole conduct interviews in the prison with the entire membership present to
interrogate the prisoner. In some jurisdictions, the board does not conduct interviews
with the prisoners but depends solely on the recorded material. In the United States
Board of Parole, the board does not meet en bane to interview the prisoner. Instead,
each of the five board members interviews all prisoners eligible for parole in a particular
institution. His interviews are recorded in verbatim He prepares a complete resume and
analysis of case. His findings are contained in the detailed summary, which he prepares
after the interview. The other members of the board who may or may not concur with
his recommendation review this summary.

Cases of prisoners serving more than five years or cases wherein a major policy
is involved, and cases offering difficult factors in planning are resolved by the board en
bane.

The date of release of a parolee does not take place earlier than one month nor
exceed six months from the date parole is granted. This will give sufficient time for the
supervising parole officer to complete and verify the parole release plan. Only in
exceptional cases are parolees granted immediately upon approval by the board. Cases
that are denied by the board may be rescheduled for hearing after at least six months
from the date of denial.

Coordination of Probation, Prison, and the Parole Program

In recapitulation it may be here emphasized that the three principal correctional

agencies, namely, probation, prison and parole, should be coordinated. The reason for
this is that since the three correctional services aid the same persons, each service
should know the experiences of the others and their efforts with individuals. The pre-
sentence investigation prepared for the use of the court, is invaluable to the prison
officials who must treat the person committed to prison. This report is used by the
classification committee of the prison as guide in carrying out the prisoner's treatment
and training program. When the prisoner is ready for parole consideration, the parole
board finds the pre-sentence investigation report very useful in deciding, on parole.
When the prisoner is paroled, the prison officials furnish the parole officer with a
progress report pertaining to the changes in. health, acquisition of new skills and other
attainments.

The parole, officer serves as a good liaison between the prison and the parole
board on the one hand, and the community on the other hand. He interprets the
problems and needs of the prisoner to his family, his prospective employer and the
community for the eventual return of the prisoner.

The correctional service may be compared to the medical service. Probation is

the equivalent of the out-patient service. Probation officer deals with the offender just
as the family physician treats the patient at home. The more serious offenders are
committed to prison just as patients requiring operation or special care have to be sent
to the hospital. When the prisoner has served his minimum sentence or has stayed in
prison long enough and believed to be already reformed, he is released under the care
and supervision of a parole officer. Likewise, when the patient becomes ambulatory, he
returns home to the care of the family physician. If all goes well in the community as
planned, there is no need for him to return to the hospital for further treatment.

Failure to integrate these three branches of the correctional service — probation,

prison, and parole, obstructs the speedy reformation of the offender and is costly to the

68
government. These three agencies should be integrated as parts of a full-coverage
policy of corrections and they should operate in harmony with a single objective: the
wholesome rehabilitation of the offender.

Parole Supervision (Organization and Regulational Aspects)

The supervision of parolees is one of the most important aspects of the whole
rehabilitative process. The character of the supervision largely determines the success
or failure of any given case. Supervision of parolees has three aspects: organizational,
regulational and operational.

Organizational Aspect

The Federal government of the United States combines parole supervision with
probation supervision. It has no parole field service hence parolees are turned over to
the district court probation officers for supervision.

Some big states have centralized parole supervision services. This sort of
centralized parole supervision service may involve district offices, with parole officers
working out of them, but all of these services are controlled and budgeted from a
central state office. In smaller states that do not justify establishment of district offices,
parole officers are assigned to cover certain territories usually covering several counties
and are directed from the central office. In a few jurisdictions, parole supervision is an
adjunct of the prison because a centralized parole service is not economically justified.

Recently, federal and state laws were passed providing for parole and probation
compacts, whereby states enter into reciprocal agreements to allow a parolee or
probation to be supervised by another state.

Some centralized parole supervision units are separate state units or bureaus
under the department of welfare or division within the department of corrections.
Sometimes they are a part of the total parole board organization.

Regulation Aspect of Parole Supervision

The regulation aspect of parole consists of several rules and requirements

promulgated by the paroling authority. But why are rules and regulations necessary in
parole? The parolee, whether he likes it or not, needs a certain kind of discipline. It
instills in him the feeling of security to know that he is within legal bounds by following
the set of rules and regulations. Some types of offenders need the authoritarian method
of dealing with them, so a set of rules and regulations is the only way to help them get
over their difficulties. Rules and regulations in parole are intended to help both society
and the parolee. They can be used to help parolee if their regulatory effects eventually
become part of the parolee's way of life. Rules and regulations pose as a sword of
Damocles over the head of the parolee. He knows for a fact that when he violates any
of the rules his freedom will be forfeited.

The most common rules and regulations are the following:

1. Making restitution. A condition is imposed to the effect that the parolee

must make monetary restitution to the victim. It is understood that the parolee
shall only be required to pay restitution if he is earning more than his necessary
living expenses. Usually, the restitution is paid by installment at a rate that will
not deprive the parolee and his family the necessities of life. It is but fair and just
that what has been unlawfully taken from the victim must be returned.

2. Supporting Dependents. Society expects everyone to support his

dependents and so there is no reason that a parolee should not be required to
do so. If, however, he fails to support his family and dependents through no

69
fault of his like when he cannot find or hold a job, it should not be a reason to
revoke parole already given. The treatment of a parolee aims at helping him
become a more responsible citizen, so that requiring him to meet his obligations,
is but one way of training him along said virtue. It protects his dependents and
at the same time aids the parolee on his path toward maturity and stability.

3. Getting, Keeping and Reporting Honestly on Employment. The

parolee must be taught the habit of work, not only for psychological effect but
also for economic stability. It is therefore essential that the parolee be assured of
a legitimate and legal means of income. Before releasing the parolee, therefore,
the parole board must be assured that he is willing to work; must make
reasonable efforts to secure and maintain employment; and must work only in
legitimate enterprises. Sometimes the parole office requires the parolee to inform
his parole officer of any change of employment. The aim is to discourage the
parolee from drifting from one employment to another, which is a symptom of
vocational maladjustment.

4. Avoiding indebtedness and unnecessary expenditures. The

purpose of this regulation is to encourage thrift, proper budgeting and
responsible habits. There are times, however, that going into debt is
unavoidable. When the purpose of incurring, the debt or in making unnecessary
expenses is laudable, the parolee should not be punished.

5. Reporting. This is a requirement in all parole systems. The parolee

is required to report to his parole officer at stipulated intervals. Some parole
offices merely require the parolee to submit a completed form, giving pertinent
data on residence address, employment data, savings, leisure-time activities,
family situations, associates, and plans for the future and problems requiring
decisions. The parole officer does not take as the truth all that the parolee
reports during the interview. He must verify all-important allegations of the
parolee. The requirement of reporting is in itself a protection of society' in that
failure to comply is symptomatic of the parolee's maladjustment.

6. Making Arrival Report. The parolee, in most parole jurisdictions, is

required to report to his parole officer shortly on his arrival at his parole
residence. This requirement is meaningful in that failure to do so is indicative of
something that is still wrong with the offender.

7. Keeping the Parole Officer Informed of the Whereabouts of

Parolee. - This is but logical if supervision is to be carried out effectively. If
the parolee remains within the parole jurisdiction, he does not need to inform
the parole office.

8. Permitting the Parole Officers to visit the Parolee at Home and in

His Place of Work. There is no reason why a parolee should not allow his
parole officer to visit him at home from the standpoint of law-enforcement.
However, if the parole officer is refused admission in the house of the parolee,
the former cannot force his way without a warrant. Sometimes the parolee feels
embarrassed when visited by the parole officer. The purpose of employment
visits should be clearly explained to the parolee in order that he will readily
cooperate. The parole officer has a duty to see to it that the parolee is gainfully
and legitimately employed. Home and employment visits are part of the
casework functions of the parole officer.

9. Abstaining from the Use or Overuse of Liquor. Some parole

jurisdictions prohibit the parolee from sipping even a drop of wine. Other
jurisdictions think that entire prohibition is unrealistic, so that they only require
the parolee not to indulge heavily in liquor. Moderate drinking is a part of a
man's social life and social qualification.

70
 10. Keeping Curfew Hours. The purpose of this rule is discouragement of
unwholesome habit that may lead to troubles. An ex-prisoner is prone to being
suspected by the police whenever an unsolved crime is committed. In order to
evade being a suspect, the parolee should agree to keep reasonable hours at
night.

11. Provision against Marrying Without Permission. Parolees are still

wards of the state and are not yet restored their civil and political rights. One of
the civil rights affected by u prison sentence is the right to contract marriage.
Since the parolee is not yet a completely free man he cannot marry without first
obtaining permission from the parole officer. One strong reason in favor of this
regulation is to prevent the parolee from having a family if he is not financially
capable of raising one.

12. Provision against Living in an Illicit Relationship. The parole must

attempt to live a clean life and one way of carrying it out is to issue this
regulation. This regulation is specifically directed to parolees convicted of
bigamy, concubinage and adultery to prevent further amorous relations with the
woman who caused their imprisonment.

13. Regulations against Owning or Operating an Automobile. Some

states or countries disqualify convicted offenders from getting a driver's license.
In order, therefore, that the parole office may not be a party in a case of illegal
operation of a motor vehicle, parole offices prescribe rules against the parolee
operating or owning a motor vehicle without permission. Besides, the parole
authorities want to obviate the possibility of the parolee using an automobile for
committing another crime.

14. Prescription against the Use or Sale of Narcotics. This rule needs no
further discussion. Even free men are prohibited from using narcotics without
medical prescription, or selling them.

15. Regulation against Carrying or Possessing Dangerous Weapons.

For obvious reasons the parolee should not be allowed to possess a dangerous
weapon, especially a firearm.

16. General Admonitions Regarding Observance of Law. The only

reason this regulation is included is that the parolee 'must be reminded about
observing law and order.

The Parole officer as Law-Enforcement Agent

Parole offers the community preventive and protective service through an

intensive supervision of the parolee. By constant supervision of the individual and
follow-up of his day-to-day activities, the parole officer is able to recommit parolees
who are on the road leading back to crime.

NOTE: The role of the parole (probation) officer as law-enforcement agent is

discussed in the Chapter on Probation.

The Parole Officer - A Case Worker or a Police Officer?

There is controversy as to whether or not the parole officer should be clothed

with law enforcement authority. One school of thought holds the view that parole
officers should not perform law enforcement work, such as sleuthing and arresting his
ward. To do so would be incompatible with his role as a social caseworker. The
effectivity of the parole officer as a guidance counselor, a leader or teacher is nullified if
the parole officer is clothed with police powers. The other school of thought holds the

71
view that parolees, being persons who have not been able to make adjustments with
the demands of society, should be applied certain restraints under threats of arrest and
reincarceration. Not all parolees, according to this view, respond to the guidance
counseling or leadership techniques of supervision, hence the need for the authoritarian
method for this type of persons.

Experience in various parole agencies, however, proved that the two points of
view expressed above are without basis. It was satisfactorily proven in many
jurisdictions that some parole officers with professional training in social work made
good as peace officers while others whose basic training was in law enforcement made
good as case workers

Classifications of Cases

The quality of service that a parole office renders to the parolee depends on the
size or caseload parole officers have. One cannot expect adequate supervision from a
parole officer who has 750 parolees to supervise.

Parole supervision can be simplified and made more effective by adopting a sys- '
tern of classifying parolees. Some parolees do not have pressing problems as they
arise. The accidental offender belongs to this type. This type of parolees needs very
little or no supervision from the field parole officers.

Another classification of parolees is the type that needs casework as the primary
consideration of treatment. The parolees may not be serious community- risks. An
example of this type is the parolee who is in need of a job or economic aid. Here the
field parole officer can devote full attention to intensive casework that is, trying to help
his client get a job.

A third classification for purposes of supervision is the type in which law

enforcement function is the first, even the only consideration. This type of parolee
needs constant supervision and surveillance by the parole officer in order to prevent the
parole from recommitting crimes. Usually we find in these classification offenders whose
history and background indicate great personal disorganization, such as the professional
killer, the gangster, the sex-pervert, and the long-time confidence man. The field parole
officer should be alert to discover signs of misbehavior in this type of parolees and to
be quick on his rearrest.

Knowing the type of offenders his wards are, the parole officer can adjust his
schedule of supervision, devoting intensive supervision to parolees belonging to the
third type while giving little time for parolees of the first type.

Casework Techniques

The parole officer as caseworker, he can use casework techniques, among which
are:

1. The Manipulative techniques;

2. The Executive techniques; and
3. The Guidance, Counseling and Leadership technique.

(*Casework techniques also apply to supervision in Probation.)

Manipulative Techniques

Manipulative technique are ways of helping the parolee by altering his

environmental conditions go as to bring out satisfactory social adjustment in the
individual. Among the common manipulative devices used by the parole officer are the
following:

72
 1. Job finding — some parole systems have their own employment
bureaus, the main function of which is to locate jobs for parolees. By
providing a job the parolee may become a permanent law-abiding citizen. In
some cases, the parole officer himself tries to find a job for his ward.

2. Home placement — there are some parolees who cannot return to

their parental homes because of some conflicts or tensions existing in the
family, or that a member of the family is a morally depraved person whose
influence on the parolee may not be conducive to his social readjustment. It
is the responsibility of the parole officer to help find a foster home for the
parolee.

3. Improvement of community conditions — the locality where the

parolee returns may abound with vices such as gambling, dancehalls, bars,
houses of prostitution, etc. It is the duty of the parole officer, like other civic-
minded citizens to participate in community movements to clean up these
vices and unwholesome establishments.

4. Removal of Discrimination — one of the greatest obstacles to

employing ex-prisoners as well as accepting them socially in the community is
the prejudice that prospective employers and the public have against him.
Very few industrial establishments would employ a parolee or an ex-prisoner.
It is the job of parole officers to remove discrimination against the parolee in
order that employers may be willing to offer him a job. The parole officer can
participate in a public information program designed to educate the
community into accepting the ex-prisoner as a human being, to avoid
stigmatizing him.

The employment of manipulative devices in helping parolees by the parole officer

needs skill. It is not because the parolee needs a job that his parole officer gets him a
job. It is more meaningful and lasting to the parolee if, instead of the parole officer
getting him a job, he should first exert efforts to make the parolee gain strength to
seek his own job. By extending the help to the parolee, the latter is not helping solve
his problems permanently, so that when his prop (the parole officer) is gone, the same
problems he had before his imprisonment will bring him into troubles again.

Executive Techniques

This is a method of helping parolees by which the parole office performs referral
services. Parole agencies do not often have the necessary funds for direct
administration of parolees under care, so that the most that parole can offer by way of
help is to refer the parolee to agencies offering the services desired.

Among the services by referral are:

1. Locating a job — The parole office refers the parolee to a firm,

company, or to any employment agency for possible employment.

2. Relief — When a parolee or his family is in dire need of the basic

necessities of life such as food, clothing or medicine, the parole office refers
the parolee to a social welfare agency, which can extend them relief.

3. Medical Care — It is the function of the parole officer to refer his

client in need of medical care, hospitalization, dental services or psychiatric
services, to agencies rendering such services free of charge.

4. Public grants — The parole officer should be familiar with laws on

public grants such as social security, old age benefits, aids to widows and

73
 dependent children, in order that he can refer his clients who are eligible to
any of such grants.

5. Institutional placements — The supervision program of the parolee

may indicate a need for his removal from his parental home and for
placement to a foster home. It is the responsibility of the parole officer to
explain to the parolee and his family of the need for the said transfer of
residence to a foster home. When this is undertaken, the transfer is effected
by referral to the proper agency.

6. Legal aid — The parole officer, even when he is a lawyer, should

refrain from giving legal advise to his client in need of legal services. It is
always a better policy for him to refer the parolee to a legal aid office.
Oftentimes legal questions involving common-law-relationship, legal
separations, bigamous or adulterous relationship, custody or support of
children come up, and the parole officer should know where to refer each
case.

7. Educational and vocational guidance — The parole officer is not

an expert in educational and vocational matters. He should therefore refer
his ward to the proper agency rendering educational or vocational training or
apprenticeship.

8. Recreation— Parolees should, as integral part of their adjustment, be

given guided recreational activities, otherwise, they will frequent poolrooms,
bars and other unwholesome recreational joints. Some communities have
group work agencies offering recreational activities. The parolee officer must
know how and when to enlist the services of these agencies in connection
with the problems of his wards.

9. Social agency help - There are several agencies, public and private,
that may offer services to parolees. The parole officer should be well
acquainted with what those agencies can offer to his wards.

Guidance, Counseling and Leadership Techniques

These techniques require, that the parole officer must be well versed with the
science of human behavior. He should know the motivations, which cause the person to
react the way he did under certain situations. He should try to determine what caused
his ward to follow a certain cause of action. He should attempt to influence and guide
his clients into solving their problems.

Guidance and leadership are temporary crutches upon which the parolees
depend in overcoming their difficulties. Sometime or another the parolees will no longer
depend on the services of the parole officer. The parolees should be taught to gain
insight into their problems and how to solve them. It is not guidance and leadership if
the parole officer himself does the solving of the problem for the parolee.

In guidance and leadership technique, the parole officer seeks to exert a direct
personal influence on the parolee. The advice of the parole officer may spell the
difference between going straight and going the wrong way by the parolee. The
parolees' thinking can be properly guided by the parole officer so that they may be able
to solve their own problems under the same or similar situations.

Parole Advisor

74
 The parole advisor is primarily and essentially a volunteer worker. He works as
an unpaid parole officer, a non-professional counselor, adviser, first friend, and sponsor
to the parolee. When parole was newly introduced, the parolee was required to report
to a sponsor known as guardian who performed the functions of advisor and parole
officer. The untrained, unpaid volunteer workers of the Elmira days are now relegated
to perform the role of parole advisers.

The parole system of the U.S. Federal Government has adopted the parole
advisor system. The policy of the Federal Parole administration is that the parolee must
have some citizens to serve voluntarily as his parole advisor. This requirement has been
abolished in several states and is now waived by the U.S. Board of Parole when a
satisfactory advisor is not available, in which case the probation officer is named parole
advisor in addition to his duties as supervising officer.

The parole advisor can be of great help to the parole service during the pre-
release planning. The advisor who may have known the prospective parolee intimately
for some time can help in the preparation of the parole program. The interest shown by
the advisor on the would-be parolee can be exploited and developed by the parole
officer to a productive and helpful service throughout the ensuing parole period.

It is desirable that the field probation officer and the parole advisor should work
as a team. In order to obtain full cooperation of the advisor, the parole officer should
show its appreciation for the assistance of the parole advisor. The advisor can be of
service more effectively in rural areas where the parole officer cannot regularly visit.
The parolee can always turn to his parole advisor for immediate help because the
parole officer is not available for immediate counsel and advice when pressing problems
arise. Furthermore, the parole officer may have to depend on the advisor for reliable
information regarding the parolee’ conduct, as well as his adjustment.

Parole Violators and Detainers

There are two types of parole violators: commission of a new crime and violation
of a parole condition. In the first type, conviction of a new crime by the parole will
automatically cause recommitment of the parolee. If the parole is convicted but appeals
his case in the higher court, the parole officer will submit a report of said conviction and
appeal to the Board of Parole which will decide, after due investigation, on
recommitting the parolee or not. If it is violation of parole condition only, the Board of
Parole shall conduct an investigation, giving careful consideration on whether the act
was willful, whether the safety of the public is involved, and whether other disciplinary
action than recommitment to prison might be sufficient.

Parole Boards are authorized to issue warrants for the arrest of alleged parole
violators or to issue notices to appear to answer charges where arrest is not necessary.
Parole officers are authorized to arrest or cause the arrest without a warrant where
immediate action is necessary against the violator or one who is in danger of becoming
a violator. The parole officer should submit a written report of the violation to the
parole board. Releases from the jail of alleged violators should be on order of the parole
board only.

Ordinarily, a detainer or warrant against a prisoner does not disqualify him from
parole. The prisoner may be given parole subject to the action taken on the detainer.

Discharge from Parole

The duration of parole supervision does not extend beyond the expiration date of
the parolee’s sentence. Parole conditions and other aspects of parole supervision should
be relaxed as the parolee no longer requires the restriction on his behavior. At the
expiration of the maximum sentence, the parole board should issue a certificate of final
discharge. The same certificate may be issued even before the expiration of the

75
maximum sentence should the board, after reviewing the case, is satisfied that parole
has served its purpose.

The certificate of discharge from parole has the effect of restoring all civil rights
lost by operation of law. This is not, however, true in the Philippines. It needs an
executive clemency in the form of absolute pardon to restore said rights.

THE ROLE OF COMMUNITY AND VOLUNTARY AGENCIES IN CORRECTIONAL

WORK

Correctional programs are more and more recognized as the responsibility of the
total community. It is a well-known fact that a correctional program, no matter how
well developed, cannot succeed without the support of the general public. It is essential
that probation, the institution, and parole should enlist the cooperation of community
agencies, voluntary societies, citizens groups and the community in general in order to
succeed in their mission of placing the offender back to society as a normal social
being.

Correctional agencies are not adequately financed to render further services to

the offender outside of their organizational jurisdiction. This is where community and
voluntary agencies come into the picture.

Community Agencies – A community agency is usually a formal group or

association organized to promote social or individual welfare. Most community agencies
are identified with social work. Others are concerned with labor, education, ethnic
groups and the like. These agencies may be financed from public, private or mixed
funds.

Some of the community agencies closely related to corrections are the following:

1. Social Service Exchange – Prisons, probation and parole agencies may

conveniently avail of the services of social service agencies by referring to them
problems of inmate or parolee’s dependents.

2. Department Public Welfare – Correctional agencies can secure information on

various possible aids for prisoner’s parolees, or probationers’ dependents,
including old age assistance and aid for dependent children.

3. Family Service Agencies – Offenders who have family relationships problems

may be referred to family service agencies in order to preserve and restore
harmonious family relationships and to prevent conditions, which would disrupt
family life.

4. Mental Hygiene and Mental Health Clinics – These clinics may provide
psychiatric services to prisoner’s families, parolees, probationers and their
families.

5. Philippine Red Cross – The Red Cross provides home services, disaster relief,
blood program, eye program and other relief.

6. Anti-Tuberculosis Society – It provides limited patient services, chest x-ray

program, education, and referral services.

7. City and Provincial Health Departments and Hospitals – Correctional

workers may avail or he services of these medical facilities for prisoner’s families,
probationer’s and parolees as well their dependents.

76
 8. Colleges and Universities – Colleges and universities are a potent agency for
molding public opinion through their courses in criminology and penology. They
offer in-service training courses for correctional workers. Prison, parole and
probation offer a valuable research setting for advanced students in sociology,
psychology, criminology, social work and other behavioral and social sciences.

Voluntary Agencies – Voluntary agencies have played an important and

significant role in the development of modern correctional concepts and practices.
Voluntary prison societies or associations have worked effectively and harmoniously
with correctional agencies throughout the development of the correctional system in the
United States.

The main function of the early volunteer organizations in the correctional field
was the investigation and reform of noxious prison conditions. The Pennsylvania Prison
Society, which was founded in 1707, was mainly organized to “alleviate miseries of the
public prisons.” The Prison Association of New York founded in 1844 was definitely
organized to extend relief to discharged prisoners.

The development of new techniques and new understanding of the needs of the
offenders during the last few years had changed and modified the functions of
prisoners aid associations. In the last few decades, as social casework methods have
been developed and refined, emphasis on prisoner’s aid have shifted to helping the
individual prisoner gain insight into his difficulties and developing strength within
himself in order that he may become a law-abiding and useful citizen. As a result, the
number of privately operated prisoner’s aid societies has decreased. Among the few
organizations that have remained active in this type of work are the John Howard
Societies in the United States, Canada, and come European countries, and the Elizabeth
fry societies in Canada. The International Aid Association, which is an affiliate of the
American Correctional Association, serves the important function of a coordinating
agency and provides services useful to existing and proposed agencies.

In the Philippines a few volunteer agencies that are working in prisons and jails
are the religious groups with religious motivators. A few years ago, civic-minded citizens
interested to help the families of prisoners as well as ex-prisoners launched Friendship
Incorporated. This association gets its funds from private donations and contributions.
The Philippines Charity Sweepstakes allots one sweepstake draw a year to supplement
the funds of the association. Services so far rendered by this association have been
limited to finding jobs for the few ex-prisoners, and providing limited financial aid to ex-
prisoners getting started in life.

Voluntary agencies rendering services in the correctional field are very effective
as public information media. Correctional agencies have very limited resources for
disseminating to the public whatever gains they have accomplished toward the
improvement of correctional methods. Volunteer agencies contribute in public
information and information programs as well as help mobilize public opinion toward
improved correctional methods. Private aid agencies provide leadership and work with
welfare and social agency councils, universities, schools of social work and other
professional societies. They conduct public information programs through the
assignment of speakers, preparation of radio and television programs.

Sponsorship of various projects in cooperation with the jails and prisons. Some of
the services that prisoners’ aid societies render are the following:

1. Free legal services – Defendants who cannot afford to hire a lawyer may be
given free legal services through prisoner’s aid societies.

2. Casework treatment services may be rendered in the form of unemployment

service. Vocational counseling, temporary lodging, meals, and purchase of tools.

77
3. Visitation service – Some agencies visits jails and prisons to discuss personal
problems with prisoners desiring their help, referring suitable cases to the legal
aid society for free legal assistance, and working in close cooperation with the
institutional authorities.

4. Pre-release preparations – Some agencies have developed and offered pre-

release information programs for prisoners about to leave prison.

5. Voluntary prisoner’s aid societies serve valuable functions in the

development of community understanding of the needs of the prisoner and ex-
prisoner.

6. Legislation – Private voluntary agencies have been instrumental in stimulating

and in the passage of legislations to establish more adequate correctional
institutions and facilities.

7. Correctional agency referrals – Individual counseling and casework services

are made available to the prisoner and his family from time to arrest to the time
of release from legal control. Correctional programs are more recognized as the
responsibility of the total community. The prisoners’ aid agency provides a
workable and convenient channel for inter-agency communications and referrals.

LAWS GOVERNING THE CORRECTION OF CRIMINALS

Important Features of the Revised Administrative Code of the Philippines

 Sec. 1705 Title of Chapter – This chapter shall be known as the Prison
Law.

 Sec. 1706 Chief Officials of the Bureau of Prisons – The Bureau of Prisons
shall have one chief and one assistant chief, to be known respectively as the
Director of Prisons, and the Assistant Director of the Prisons. These officers shall
be supplied with furnished quarter at the main prison and shall be allowed
laundry service and such other services as shall be sanctioned by the
Department Head.

 Sec. 1707 General Jurisdiction of Bureau of Prisons shall have the general
supervision and control of National Provincial prisons of all penal settlements and
shall be charged with the safekeeping of all prisoners confined therein or
committed to the custody of said Bureau.

 Sec. 1708 Main Prison – In the main prison shall be confined all national
prisoners except as otherwise provided by law or regulations. This prison may
also be used as a place of detention for other classes of prisoners or for the
temporary safekeeping of any person detained upon legal process.

 Sec. 1709 Iwahig Penal Colony – In the Iwahig Reservation, in the

Province of Palawan, there shall be maintained an institution subsidiary to the
main prison, to be known as the Iwahig Penal Colony. In this colony shall be
kept such prisoners as may be transferred thereto from the main prisons in
accordance with the regulations to be prescribed The Director of Prisons, with
the approval of the Department Head, shall establish and maintain a general
store for the sale of merchandise which may be required by the residents of the
settlement, and for their own profit. Colony produce may be sold to others than
residents of the settlement should there be more to be disposed of than is
required for the use of the colony and Sec. 1710 Superintendent of the colony –
Justice of the Peace. The Iwahig Penal Colony shall be under the immediate

78
supervision of a superintendent, who shall be an “exofficio” justice of the peace
and shall, within the limits of the colony, have jurisdiction and all powers
conferred upon justices of the peace by the laws of the Philippines. (No longer
applicable)

 Sec .1711 privileges based upon behavior and services – Persons detained
at the Iwahig Penal Colony shall be known as colonists, and they may be divided
into classes and graded according to conduct, efficiency, and length of services
and subject to such regulations as shall be prescribed in reference thereto, they
may be granted such extraordinary privileges as in the in the judgment of the
superintendent of the colony their conduct, behavior, habits of industry, and
length of service may justify.

 Sec. 1712 Fishing rights in water adjacent to colony – The fishing right in
the waters of the bay along the shore line of the eastern boundary of the Iwahig
Penal Colony, Island of Palwan, for distance seaward of one and one quarter
statute miles are reserved for the exclusive use of the government, for the
subsistence and maintenance of the colonist, the prison officials and their
families in said colony, and such pardoned or release colonist as may continue to
reside therein.

 Sec. 1713 Assignment of land and implements to colonists – Any colonist

detained at the Iwahig Penal Colony may be provisionally granted a suitable plot
of land with in the reservation for the purpose of cultivating and improving the
same, and may be deemed necessary for the proper cultivation of said land.

 Sec. 1714 Families of colonists – The Iwahig Colonists may, subject to the
regulations of the Bureau governing the colony, be allowed to have their wives,
children, and women to whom they are to be married, transported to the colony
at government expense and to have their families live on the reservation. Such
privileges may, in any case, be revoked at any time by order of the
superintendent of the colony, with the approval of the Director of Prisons. All
members of the families of colonists living on the reservation shall be subject to
the regulations governing the colony.

 Sec. 1715 Clothing and household supplies for colonists’ families – In

addition to the subsistence for colonists’ wives and children hereinabove
authorized, the superintendent of the colony may furnish a special reward to
such colonists as in his opinion may merit the same, reasonable amount of
clothing and ordinary household supplies to be paid out of the regular
appropriation for the maintenance of the Iwahig Penal Colony. Sources of this
character may also be made by way of loan, subject to repayment if the financial
condition of the colonist at a later date should warrant.

 Sec. 1716 Participation of colonists in proceeds of products – Products

grown, manufactured, or otherwise produced by the colonists may be sold under
the supervision of the superintendent; and subject to such regulations as may be
prescribed in reference thereto, the persons producing the same may be allowed
such part of the proceeds thereof as shall be approved by the Department Head.

 Sec. 1717 Monthly allowance in cash – Colonists occupying positions of

special trust may, with the approval of the Department Head, be granted a
monthly allowance in cash, not exceed five pesos, or an equivalent amount of
supplies from the general store, to repaid for from the regular appropriation for
contingent expenses of the Iwahig Penal Colony.

 Sec. 1718 Right of released colonists to remain in colony – On the

expiration of the sentence of any colonists he may, subject to the regulation, be

79
allowed to continue to reside upon the reservation and to cultivate land occupy a
house to be designated and selected by the superintendent of the colony.

 Sec. 1719 Supply store for Iwahig Penal Colony – The Director of Prisons,
with the approval of the Department Head, shall establish and maintain a general
store for the sale of merchandise which may be required by the residents of the
settlement, and for their own profit. Colony produce may be sold to others than
residents of the settlement should there be more to be disposed of than is
required for the use of the colony and the main prisons. The supply store fund
shall be reimbursable, the receipts from the business of the supply store being
available for the payment of the costs of supply and other expenses incident to
the conduct of said store, without re-appropriation.

 Sec. 1720 San Ramon Penal Farm – A penal farm shall be maintained at
San Ramon, in the Province of Zamboanga , for the confinement of national
prisoners and such other prisoners as may be remitted thereto in accordance
with law. The Director of Prisons shall have authority to designate the
superintendent of the San Ramon Penal Farm as a summary court officer, by
whom members of the San Ramon Penal Farm guard may be tried for violation
of the regulations governing the same for willful or neglectful waste, loss or
destruction of arm, immunizations or accouterments, for disobedience or
disrespect toward their superior officers, absence from quarters of duty without
leave, drunkenness, abandonment of employment without having secured proper
release, willful violation or neglect of duty, or misconduct to the prejudice of
good order and discipline. The punishment which may be imposed by this
summary court shall not exceed the forfeiture of one month’s pay, or discharge.

 Sec. 1723 Detail of prisoners to public works – The President of the

Philippines may from time to time, detail national prisoners to work in any part of
the Philippines upon any public work not within the purview of section one
thousand seven hundred and twenty-seven hereof; and the Department Head
shall fix the terms and conditions upon which any branch of the Government
may receive the labor of such national prisoners.

 Sec. 1724 Regulations of Bureau of Prisons – The regulations of the

Bureau of Prisons shall contain such rules as well best promote discipline in all
national and provincial prisons and penal institutions and best secure the
reformation and safe custody of prisoners of all classes.

 Sec. 1725 Duty of prison authorities to enforce sanitary orders of Director

of Health – The Officers in charge of all prisons, penal settlements, jails and
other places of confinement shall comply and cause to be executed all sanitary
orders, and put into force all sanitary regulations issued by the Director of Health
for their several institutions.

 Sec. 1726 Mode of treatment of prisoners – Prisoners shall be treated with

humanity. Juvenile prisoners shall be kept, if the jail will admit of it, in apartment
separate from those containing prisoners of more than eighteen years of age;
and the different sexes shall be kept apart. The visits of parents and friends who
desire to exert a moral influence over prisoners shall at all reasonable times be
permitted under proper regulations.

 Sec. 1727 Liability of prisoners to labor – All convicted able bodied, male
prisoners not over sixty years of age, may be compelled to work in and about
prisons, jails public buildings, ground, roads and other public works of the
National Government the province, or the municipalities, under general
regulations to be prescribed by the Director of Prisons, with the approval of the
Department Head. Persons detained on civil process or confined for contempt of
court and persons detained pending a determination of their appeals may be

80
compelled to police their cells and to perform such other labor as may be
deemed necessary for hygienic or sanitary reasons.

 Sec. 1728 Assignment of women to work – Convicted female prisoners

may be assigned to work suitable to their age, sex, and physical condition.

 Sec. 1729 Provincial Jails –– A jail for the safe keeping of prisoners shall
be maintained at the capital of each province: and in the absence of special
provisions all expenses incidents to the maintenance thereof and of maintaining
prisoners therein be borne by the province.

 Sec. 1730 Visitation and inspection of provincial jails ─ The Judge of the
Court of First Instance and the Provincial Board shall, as often as the Judge of
the Court of First Instance is required to hold court in the province, make
personal inspection of the provincial jail as to the sufficiency thereof for the
safekeeping and reformation of prisoners, their proper accommodation and
health, and shall inquire into the manner in which the same has been kept since
the last inspection. A report of such visitation shall be submitted to the Secretary
of Justice, who shall forward the same or a copy thereof to the Director of
Prisons. Once during each month the senior inspector of constabulary in the
province shall visit the provincial jail and make report upon its condition to the
Director of Prisons.

 Sec. 1731 Provincial governor as keeper of jail – The governor of the

province shall be charged with the keeping of the provincial jail and it shall be his
duty to administer the same in accordance with law and the regulations
prescribed for the government of provincial prisons. The immediate custody and
supervision of the jail may be committed to the care of a jailer to be appointed
by the provincial governor. The position of jailer shall be regarded as within the
unclassified civil service but may be filled in the manner in which classified
positions are filled, and if so filled, the appointee shall be entitled to all the
benefits and privileges of classified employee, except that he shall hold office
only during the term of office of jailer is appointing governor and until a
successor in the office of jailers is appointed and qualified, unless sooner
separated. The provincial governor shall, under the direction of the provincial
board and at the expense of the province, supply proper food and clothing for
the prisoners, through the provincial board may, in its discretion, let the contract
for the feeding of the prisoners, to some other person.

 Sec. 1732 Amount of allowance for feeding of prisoners – The ordinary

allowance to be made by the provincial board for the feeding of prisoners by the
governor of the province or such other person as may have the contract
therefore shall, in case of persons arrested on criminal process, not exceed
twenty centavos each per day; but the provincial board may pay more when
necessary to the proper maintenance of the prisoners. The compensation for the
support of the prisoner arrested on civil process shall be at the rate of forty
centavos per day, to be advance weekly to the jailer by the plaintiff in the civil
process, and to be taxable as costs.

 Sec. 1733 Record of prisoners to be kept by jailer – The governor, or the

jailer appointed him, shall kept a true and exact record of all prisoners
committed to the provincial prisoners awaiting trial before the Court of First
Instance detained in any municipal jail of the province which record shall contain
the names of all persons who are committed, their place of abode, the time of
commitment, the cause of their commitment, the authority that committed them,
and the description of their persons, and when any prisoner is liberated such
calendar shall state the time when and the authority by which such liberation

81
took place; if any prisoner shall escape, it shall state particularly the time and
manner of escape; if any prisoner shall die, the date and cause of his death shall
be entered on the record.

 Sec. 1734 Submission of record to court – At the opening of each term of

the Court of First Instance within his province, the governor shall return a copy
of such record under his name to the judge of such court; and if the same be not
forthcoming, it shall be the duty of the judge to require its production under
penalty of contempt.

 Sec. 1735 Transfer of custody of jail to Constabulary Officer – In any

province in which, in the opinion of the President, the provincial jail is not safely
guarded, shall have authority by executive order to direct that the senior
Constabulary Officer of such province shall take custody of the jail under the
supervision of the provincial governor and guard the prisoners therein, using for
this purpose members of the Philippine Constabulary as jail guards.

 Such action shall in no wise alter the liability of the province for the
expenses incident to the maintenance of prisoners or the keeping, repair, and
construction of the jail; but the payment and subsistence of the Constabulary
guard shall be at the expense of the Constabulary.

 Sec. 1736 Preservation of documents relating to confinement of prisoners

– All warrants and documents of any kind, or attested copies thereof, by which a
prisoner is committed or liberated, shall be regularly indorsed, filed and kept in a
suitable box by such governor or by his deputy acting as a jailer, and such box,
with its contents, shall be delivered to the successor of the officer having
charged of the prisoner.

 When a prisoner is confined by virtue of any process direct to the

governor or sheriff and which shall require to be returned to the court whence it
issued, such governor or sheriff shall keep a copy of the same, duly certified by
said governor or sheriff, shall be presumptive evidence of his right to retain such
prisoner in his custody.

 Sec. 1737 transfer of prisoners to jail of neighboring province – In case

there should be no jail in any province or in case a provincial jail of any province
be insecure or insufficient for the accommodation of all provincial prisoners, it
shall be the duty of the provincial board to make arrangements for the
safekeeping of the prisoners of the province with the provincial board of same
neighboring province in the jail of such neighboring province , and when such
arrangement has been made it shall be the duty of the officer having custody of
the prisoner to commit him to the jail of such neighboring province, and he shall
be there detained with the same legal effect as though confined in the jail of the
province where the offense for which he was arrested was committed.

 Sec. 1738 Use of jail for detention of fugitive from justice – Any provincial
jail may be used for the safekeeping of any fugitive from justice from any
province, and the jailer shall in such case be entitled to receive the same
compensation for the support and custody of such fugitive from justice as is
provided for other prisoners, to be paid by the officer demanding the custody of
the prisoner, who shall be reimbursed for such outlay as a part of the costs of
the prosecution.

 Sec. 1739 Persons deemed to be municipal prisoners – The following

persons are to be considered municipal prisoners:
 Persons detained or sentenced for violation of municipal or city
ordinances.

82
  Persons detained pending trial before justices of peace or before
municipal courts.
 Persons detained by order of a justice of the peace or judge of municipal
court pending preliminary investigation of the crime charged, until the
court shall remand them to the Court of First Instance.

 Sec. 1740 Persons deemed to be provincial prisoners - The following

persons, not being municipal prisoners shall be considered provincial prisoners:
Persons detained pending preliminary investigation before the Court of First
Instance.

 Sec. 1741 National prisoners - Prisoners who are neither municipal or

provincial prisoners shall be considered national prisoners, among whom shall be
reckoned, any event all persons sentenced for violation of the Customs Law or
other law within the jurisdiction of the Bureau of Customs or enforceable by it,
and for violation of the Election Law.

 Sec 1742. Confinement of Provincial prisoners in municipal jails - When

the sentence of the provincial prisoner does not exceed three months, the
provincial board may authorize his confinement during such period in a municipal
jail if in the judgment of said board the public interest will be sub serve thereby.
Provincial boards, may, also, with the approval of the Secretary of the Interior,
direct the confinement of persons detained pending preliminary investigation
before a judge of the Court of First Instance in the jail of the municipality where
such investigation or trial is to be held, if no provincial jail be located therein.

 Sec 1743. Confinement of municipal prisoners in provincial jail - Provincial

boards may, with the approval of the President, direct the confinement of
municipal prisoners in provincial jails when by reason of the lack, inadequacy, or
when in their judgment such confinement would best sub serve the public
interest.

 Sec. 1744 Expense of maintenance - Except as otherwise specifically

provided the expense of the maintenance of prisons shall be borne as follows;
regardless of the placed of confinement: in the case of the municipal prisoner, by
the city or municipality in which the offense with which the prisoner is charged or
of which he stands convicted was committed: in the case of a provincial prisoner,
by the province in which the offense was committed; and in the case of the
national prisoner, by the Bureau of Prisons.

 Sec. 1745 Status of prisoners as affected by parole, allowance of good

behavior, etc. - The provision of law relative to paroles, conditional pardons, and
the diminution of sentences for good behavior shall not be construed to change
the original status of prisoners or to affect liability for their maintenance.

 Sec. 1746 Status of prisoner as affected by appeal - Pending an appeal,

the status of a prisoner shall not be changed, and whenever upon appeal to, or
review by, a higher court, the status of a prisoner, as herein before fixed, shall
be changed by an increase or diminution of his sentence, the responsibility of the
National Government or the provinces or municipalities, as the case may before
the maintenance of such prisoner due to such change in sentence shall take
effect from the date of judgment of the higher court and shall not be retroactive.

 Sec. 1747 Transportation expenses payable by municipality - All actual

and necessary expenses incurred in the transportation and guarding the
subsistence of prisoners during transportation, from municipal jails, except the
expenses of the Constabulary escorts, if any, shall be paid from the funds of the
proper municipality.

83
 Sec. 1748 Transportation expenses payable by province - All actual and
necessary expenses incurred in the transportation, and guarding the subsistence
during transportation, of national prisoners from provincial jails to a National
Prison, reformatory, or national penal institution, except the expenses of the
Constabulary escort, if any there be, shall be borne by the proper province.

 Sec. 1749 Return transportation to be borne by Bureau of Prisons - The

return transportation of all discharged national prisoners from their place of
confinement to their homes shall be paid out of the appropriation for the Beau of
Prisons, except as otherwise specially provided.

 Sec. 1750 Transfer of prisoners from provincial or municipal jail to national

prison or vice-versa - When, in the discretion of the President of the Philippines,
the unsanitary or insecure condition of any provincial or municipal jail makes it
advisable or when the public interests require, he may transfer to any national
prison or penal institution all or any of the prisoners committed to such jail, and
may also direct the return of said prisoners to provincial or municipal jails when
deemed expedient. The President of the Philippines may also, whenever in his
opinion it will be to the best interest of the province or municipality concerned,
authorize the confinement of any prisoner sentenced to less than three months
imprisonment, including subsidiary imprisonment, in the jail of the municipality
wherein the prisoner may have been convicted. The order of commitment of
such prisoners, together with a copy of the order directing their transfer, shall
accompany the prisoners and be delivered with them to the officer in charge of
the penal institution to which they are sent. The expenses of the transportation,
guarding, subsistence, care, and maintenance of any prisoner transferred to any
national prison or penal institution, or returned to any province for trial or for
appearance as a witness or otherwise hereunder shall be a charged against the
treasury of the province from which he was transferred; and the amount of said
expenses shall be fixed by the Department Head, with the approval of the
President of the Philippines.

 Sec. 1751 Transportation and clothes for released prisoners - Upon the
release of a national prisoner he shall be supplied by the Bureau of Prisons with
transportation to his home, including a gratuity to cover the probable cost of
subsistence enroute, and if necessary, a suit of clothes of the value of not more
than ten pesos, or in case the prisoner is deported, of not more than forty pesos.

Important Features of Presidential Decree No. 968

 Section 1. Title and Scope of the Decree. — This Decree shall be known
as the Probation Law of 1976. It shall apply to all offenders except those entitled
to the benefits under the provisions of Presidential Decree numbered Six
Hundred and three and similar laws.

 Sec. 2. Purpose. — This Decree shall be interpreted so as to promote the

correction and rehabilitation of an offender by providing him with individualized
treatment; provide an opportunity for the reformation of a penitent offender
which might be less probable if he were to serve a prison sentence; and.
(c) prevent the commission of offenses.

 Sec. 3. Meaning of Terms. — As used in this Decree, the following shall,

unless the context otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction

and sentence, is released subject to conditions imposed by the court and to
the supervision of a probation officer
(b) "Probationer" means a person placed on probation.

84
 (c) "Probation Officer" means one who investigates for the court a
referral for probation or supervises a probationer or both.

 Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the

court may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said
sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best. Probation may be granted whether
the sentence imposes a term of imprisonment or a fine only. An application for
probation shall be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The filing of the
application shall be deemed a waver of the right to appeal, or the automatic
withdrawal of a pending appeal. An order granting or denying probation shall not
be appealable.

 Sec. 5. Post-Sentence Investigation. — No person shall be placed on

probation except upon prior investigation by the probation officer and a
determination by the court that the ends of justice and the best interest of the
public as well as that of the defendant will be served thereby.

 Sec. 6. Form of Investigation Report. — The investigation report to be

submitted by the probation officer under Section 5 hereof shall be in the form
prescribed by the Probation Administrator and approved by the Secretary of
Justice.

 Sec. 7. Period for Submission of Investigation Report. — The probation

officer shall submit to the court the investigation report on a defendant not later
than sixty days from receipt of the order of said court to conduct the
investigation. The court shall resolve the petition for probation not later than five
days after receipt of said report. Pending submission of the investigation report
and the resolution of the petition, the defendant may be allowed on temporary
liberty under his bail filed in the criminal case; Provided, That, in case where no
bail was filed or that the defendant is incapable of filing one, the court may allow
the release of the defendant on recognize to the custody of a responsible
member of the community who shall guarantee his appearance whenever
required by the court.

 Sec. 8. Criteria for Placing an Offender on Probation. — In determining

whether an offender may be placed on probation, the court shall consider all
information relative, to the character, antecedents, environment, mental and
physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:

 the offender is in need of correctional treatment that can be provided

most effectively by his commitment to an institution; or
 there is undue risk that during the period of probation the offender will
commit another crime; or.
 probation will depreciate the seriousness of the offense committed.

 Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be

extended to those:

 sentenced to serve a maximum term of imprisonment of more than six

years;
 convicted of any offense against the security of the State;
 who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or
a fine of not less than Two Hundred Pesos;

85
  who have been once on probation under the provisions of this Decree;
and
 who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof.

 Sec. 10. Conditions of Probation. — Every probation order issued by the

court shall contain conditions requiring that the probationer shall:
 present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within seventy-
two hours from receipt of said order;.
 report to the probation officer at least once a month at such time and
place as specified by said officer.

The court may also require the probationer to:

 cooperate with a program of supervision;
 meet his family responsibilities;
 devote himself to a specific employment and not to change said
employment without the prior written approval of the probation officer;
 undergo medical, psychological or psychiatric examination and treatment
and enter and remain in a specified institution, when required for that
purpose;.
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction, recreation or
residence of persons on probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages to excess;
 permit the probation officer or an authorized social worker to visit his
home and place of work;
 reside at premises approved by it and not to change his residence without
its prior written approval; or
 satisfy any other condition related to the rehabilitation of the defendant
and not unduly restrictive of his liberty or incompatible with his freedom
of conscience.

 Sec. 11. Effectivity of Probation Order. — A probation order shall take

effect upon its issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on
probation.

 Sec. 12. Modification of Condition of Probation. — During the period of

probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions or period of probation. The
court shall notify either the probationer or the probation officer of the filing of
such an application so as to give both parties an opportunity to be heard
thereon. The court shall inform in writing the probation officer and the
probationer of any change in the period or conditions of probation.

 Sec. 13. Controls and Supervision of Probationer. — The probationer and

his probation program shall be under the control of the court that placed him on
probation subject to actual supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of
another court, control over him shall be transferred to the Executive Judge of the
Court of First Instance of that place, and in such a case, a copy of the probation
order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was
previously possessed by the court, which granted the probation.

86
 Sec. 14. Period of Probation.
The period of probation of a defendant sentenced to a term of
imprisonment of not more than one year shall not exceed two years, and
in all other cases, said period shall not exceed six years.

 When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation
shall not be less than nor to be more than twice the total number of days
of subsidiary imprisonment as computed at the rate established, in Article
thirty-nine of the Revised Penal Code, as amended.

 Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any time

during probation, the court may issue a warrant for the arrest of a probationer
for violation of any of the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court for a hearing, which
may be informal and summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the provisions regarding
release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the
court may revoke or continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable.

 Sec. 16. Termination of Probation. — After the period of probation and

upon consideration of the report and recommendation of the probation officer,
the court may order the final discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated. The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspend as a result of his conviction and to
fully discharge his liability for any fine imposed as to the offense for which
probation was granted. The probationer and the probation officer shall each be
furnished with a copy of such order.

 Sec. 17. Confidentiality of Records. — The investigation report and the

supervision history of a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned, except that the court, in its
discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the
probationer makes such disclosure desirable or helpful: Provided, Further, That,
any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use
from the proper court or the Administration.

 Sec. 18. The Probation Administration. — There is hereby created under

the Department of Justice an agency to be known as the Probation
Administration herein referred to as the Administration, which shall exercise
general supervision over all probationers. The Administration shall have such
staff, operating units and personnel as may be necessary for the proper
execution of its functions.

 Sec. 19. Probation Administration. — The Administration shall be headed

by the Probation Administrator, hereinafter referred to as the Administrator, who
shall be appointed by the President of the Philippines. He shall hold office during
good behavior and shall not be removed except for cause. The Administrator
shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:

87
  act as the executive officer of the Administration;
 exercise supervision and control over all probation officers;
 make annual reports to the Secretary of Justice, in such form as the latter
may prescribe, concerning the operation, administration and improvement
of the probation system;
 promulgate, subject to the approval of the Secretary of Justice, the
necessary rules relative to the methods and procedures of the probation
process;
 recommend to the Secretary of Justice the appointment of the
subordinate personnel of his Administration and other offices established
in this Decree; and
 generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.

 Sec. 20. Assistant Probation Administrator. — There shall be an Assistant

Probation Administrator who shall assist the Administrator performs such duties
as may be assigned to him by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of the Administration. He shall
be appointed by the President of the Philippines and shall receive an annual
salary of at least thirty-six thousand pesos.

 Sec. 21. Qualifications of the Administrator and Assistant Probation

Administrator. — To be eligible for Appointment as Administrator or Assistant
Probation Administrator, a person must be at least thirty-five years of age, holder
of a master's degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five
years of supervisory experience, or be a member of the Philippine Bar with at
least seven years of supervisory experience.

 Sec. 22. Regional Offices; Regional Probation Officer. — The

Administration shall have regional offices organized in accordance with the field
service area patterns established under the Integrated Reorganization Plan. Such
regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise supervision and control over all
probation officers within his jurisdiction and such duties as may be assigned to
him by the Administrator. He shall have an annual salary of at least twenty-four
thousand pesos. He shall, whenever necessary, be assisted by an Assistant
Regional Probation Officer who shall also be appointed by the President of the
Philippines, upon recommendation of the Secretary of Justice, with an annual
salary of at least twenty thousand pesos.

 Sec. 23. Provincial and City Probation Officers. — There shall be at least
one probation officer in each province and city who shall be appointed by the
Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules. The Provincial or City Probation
Officer shall receive an annual salary of at least eighteen thousand four hundred
pesos. His duties shall be to:

 investigate all persons referred to him for investigation by the proper

court or the Administrator;
 instruct all probationers under his supervision or that of the probation aide
on the terms and conditions of their probations;
 keep himself informed of the conduct and condition of probationers under
his charge and use all suitable methods to bring about an improvement in
their conduct and conditions;

88
  maintain a detailed record of his work and submit such written reports as
may be required by the Administration or the court having jurisdiction
over the probationer under his supervision;
 prepare a list of qualified residents of the province or city where he is
assigned who are willing to act as probation aides;
 supervise the training of probation aides and oversee the latter's
supervision of probationers;
 exercise supervision and control over all field assistants, probation aides
and other personnel; and
 perform such duties as may be assigned by the court or the
Administration.

 Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers.

— Provincial or City Probation Officers shall have the authority within their
territorial jurisdiction to administer oaths and acknowledgments and to take
depositions in connection with their duties and functions under this Decree. They
shall also have, with respect to probationers under their care, the powers of a
police officer.

 Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City

Probation Officers. — No person shall be appointed Regional or Assistant
Regional or Provincial or City Probation Officer unless he possesses at least a
bachelor's degree with a major in social work, sociology, psychology,
criminology, penology, corrections, police science, police administration, or
related fields and has at least three years of experience in work requiring any of
the abovementioned disciplines, or is a member of the Philippine Bar with at
least three years of supervisory experience. Whenever practicable, the Provincial
or City Probation Officer shall be appointed from among qualified residents of the
province or city where he will be assigned to work.

 Sec. 26. Organization. — Within twelve months from the approval of this
Decree, the Secretary of Justice shall organize the administrative structure of the
Administration and the other agencies created herein. During said period, he
shall also determine the staffing patterns of the regional, provincial and city
probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

 Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or City

Probation Officers shall be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to carry out their duties
effectively.

 Sec. 28. Probation Aides. — To assist the Provincial or City Probation

Officers in the supervision of probationers, the Probation Administrator may
appoint citizens of good repute and probity to act as probation aides. Probation
Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their qualifications and maximum
caseloads shall be provided in the rules promulgated pursuant to this Decree.

 Sec. 29. Violation of Confidential Nature of Probation Records. — The

penalty of imprisonment ranging from six months and one day to six years and a
fine ranging from six hundred to six thousand pesos shall be imposed upon any
person who violates Section 17 hereof.

Philippine Correctional Philosophies and their Legal Basis

The Philippine Constitution of 1997

89
 1. The state values the dignity of every human person and guarantees
full respect for human rights. (Sec 11, Art. II)

2. No person shall be detained solely by reason of his political beliefs and

aspirations. (Sec 18 (1), Art. III)

3. No involuntary servitude in any form shall exist except as a

punishment for a crime whereof the party shall have been fully convicted.
(Sec. 18 (2), Ibid.)

4. Excessive fines shall not be imposed, nor cruel, degrading or inhuman

punishment inflicted. x x x (Sec. 19 (2). Ibid.)

5. The employment of physical, psychological, or degrading punishment

against any prisoner or the use of substandard or inadequate penal facilities
under subhuman conditions shall be dealt by law. (Sec.19 (2), Ibid.)

Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959)

1. The purpose of committing a prisoner to prison is two-fold: To segregate from

society a person who by his acts has proven himself a danger to the free community,
To strive at the correction or rehabilitation of the prisoner with the hope that upon his
return to society he shall be able to lead a normal well adjusted and self supporting life
as a good and law abiding citizen.

2. There is no man who is all bad and there is something good in all men. (Art. I)

The Revised Penal Code

“No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)

Delay in the Delivery of Detained Persons to the Proper Judicial

Authorities.

(Art 125, RPC), A felony committed by a public officer or employee who shall
detain any person for some legal ground and shall fail to deliver such person to the
proper judicial authorities with in the period of:

12 hours – for crimes or offenses punishable by light penalties,

18 hours – for crimes or offenses punishable by correctional penalties,
36 hours – for crimes or offenses punishable by afflictive or capital penalties.

The crime of Arbitrary Detention is committed when the detention of a person is

without legal ground.

The legal ground of detention are : a) commission of a crime and b) violent

insanity or other ailment requiring compulsory requirement.

Delaying Release

This is committed by a public officer or employee who delays for the period of
time specified in Art 125, the performance of any judicial or executive order for the
release of a prisoner or unduly delays the services of the notice of such order to said
prisoner.

Delivery of Prisoners from Jail (Art. 156, RPC)

90
 Elements:

a) The offender is a private individual,

b) He removes a person confined in jail or a penal institution or helps in the
escape of such person,
c) The means employed are violence, intimidation, bribery or any other means.

The prisoner maybe a detention or sentenced prisoner and the offender is an

outsider to the jail. If the offender is a public officer or a private person who has the
custody of the prisoner and who helps a prisoner under his custody to escape, the
felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner
under the custody of a person not a public officer (Art. 225) respectively.

This offense like other offenses of similar nature may be committed through
imprudence or negligence.

Evasion of Service of Sentence (Art 157-159, RPC)

1. Evasion of Service under Art 157, RPC

Elements:

a) Offender is a prisoner-serving sentence involving deprivation of liberty

by reason of final judgment.
b) He evades the service of his sentence during the term of his
imprisonment.

This felony is qualified when the evasion takes place by breaking doors,
windows, gates, roofs or floors; using picklocks, false keys, disguise, deceit, violence,
intimidation or; connivance with other convicts or employees of the penal institution.
(Jail breaking is synonymous with evasion of sentence).

2. Evasion of Service of Sentence on the Occasion of Disorders due to

Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)

Elements:

a) Offender is a prisoner serving sentence and is confined in a penal

institution.
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration,
earthquake, explosion, or similar catastrophe or mutiny in which he has not
participated, and
d) He fails to give himself up to the authorities within 48 hours following
the issuance of a proclamation by the Chief Executive regarding the passing
away of the calamity.

A special time allowance for loyalty shall be granted. A deduction of one-fifth of

the period of the sentence of any prisoner who evaded the service of sentence under
the circumstances mentioned above. The purpose of the law in granting a deduction of
one-fifth (1/5) of the period of sentence is to reward the convict’s manifest intent of
paying his debts to society by returning to prison after the passing away of the
calamity.

Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall

grant allowance for good conduct and such allowances once granted shall not be
revoked.

91
 3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)

The violation of any conditions imposed to a Conditional Pardon is a case of

evasion of service of sentence.

The effect of this is, the convict may suffer the unexpired portion of his original
sentence

Infidelity of Public Officers

1. Infidelity in the Custody of Prisoners Through Connivance (Art.223, RPC) - A

felony committed by any public officer who shall consent to the escape of a
prisoner in his custody or charge.
2. Infidelity in the Custody of Prisoners through Negligence (Art. 224, RPC) - A
felony committed by a public officer when the prisoner under his custody or
charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a Person not a Public Officer. (Art
225, RPC)

Other Offenses or Irregularities by Public Officers

1. Maltreatment of Prisoner (Art. 235, RPC)

Elements:

a) Offender is a public officer or employee

b) He overdoes himself in the correction or handling of such
prisoner by imposition of punishment not authorized by regulation or
by inflicting such punishment in a cruel and humiliating manner.

The felony of Physical Injuries if committed if the accused does not have the
charge of a detained prisoner and he maltreats him. And if the purpose is to extort a
confession, Grave Coercion will be committed.

APPROACHES IN CORRECTION ADMINISTRATION

Any of the approaches or models of prison management that will be presented

under this part serves as an additional information on the need to manage those who
are considered outcast of society, the prisoners.

Just as justifications for the criminal sanction have influenced sentencing

decisions, correctional models have been developed to describe the purposes and
approaches to be used in handling prisoners. Although models may provide a set of
rationally linked criteria and aims, the extent to which a given model is implemented is
a matter for empirical investigation.

Researchers have revealed a variety of prison management styles. Dr. George

Beto for example adopted a Control Model of prison management, which emphasizes
prisoner obedience, work and education (Sahara, 1988). Others have exemplified the
Responsibility Model of prison management that stresses prisoners responsibility for
their own actions, not administrative control to assure prescribed behavior. Proper
classification of inmates, according to this model, permits placing prisoners in the least
restrictive prison consistent with security, safety, and humane confinement. Prisoners
should be given a significant degree of freedom and then held to account for their
actions (Sahara, 1988).

92
 Other models of prison management have been prominent in the last four
decades. One is the Custodial Model, based on the assumption that prisoners have been
incarcerated for the protection of society and for the purpose of incapacitation,
deterrence and retribution. It emphasizes maintenance and security and order through
the subordination of the prisoner to the authority of the warden. Discipline is strictly
applied and most aspect of behavior is regulated.

With the onset of the treatment orientation in corrections during the 1950’s, the
Rehabilitation Model of institutional organization and prison management were
developed. In prisons of this sort, security and house-keeping activities are viewed
primarily as a framework for rehabilitative efforts. Professional treatment specialist
enjoys a higher status than other employees, in accordance with the idea that all aspect
of prison management should be directed towards rehabilitation. During the past
decade, with the rethinking of the goal of rehabilitation, the number of institution
geared toward that end has declined. Treatment programs still do exist in most
institutions, but very few prisons can be said to conform under this model.

The Reintegration Model is linked to the structures and goals of community

corrections but has direct impact on prison operations. Although an offender is confined
in prison, that experience is pointed toward reintegration into society. This kind of
treatment gradually give inmates greater freedom and responsibility during their
confinement and move them into a halfway house, work release programs, or
community correctional center before releasing them to supervision. Consistent with the
perspective of community corrections, this model is based on the assumption that it is
important for the offender to maintain or develop ties with the free society. The entire
focus of this approach is on the resumption of a normal life (Clear and Cole, 1986).

The effects of these management philosophies, on the basis of existing research,

appear positive (Sahara, 1988). However, defects cannot be put aside. Many still
believe that prisons are supposed to both punish and rehabilitate prisoners to normal
daily life and to protect the society and other inmates from assaultive, escape-prone
prisoners. This conflicting goal leads to prison administrators offending vocal interest
groups. Measures taken to assure security or to punish prisoners inevitably generate
criticism from those who are committed to rehabilitation. Actions taken to encourage
prisoners rehabilitation anger line officers, who have the direct responsibility of
maintaining prison security, and the large segment of the public that believe prisons
exist to punish offenders (Sahara, 1988).
The concept of a Total Institution developed by Erving Goffman, has
influenced much research on prisons. He stated that “the prison, like other total
institution, is a place of residence and work where a large number of like-situated
individuals, cut off from the wider society for an appreciable period of time, together
lead an enclosed, formally administered round of life”. A total institution is one that
completely encapsulates the lives of the people who work and live there. A prison must
be such an institution in the sense that whatever prisoners do or do not do begins and
ends there; every minute behind bars must be lived in accordance with the rules as
enforced by the staff. Adding to the totality of the prison is a basic split between the
large group of inmates. Those who have very limited contact with the outside world and
the small group of staff members who supervise the inmates and yet are socially
integrated with the outside world they live (Clear and Cole, 1986). This concept of
inmate treatment probably an influence of the broad goals of incarceration. When we
look at a prison, it is natural to believe that retribution, incapacitation and deterrence
are the goals being advanced, but one also know that the most sought after goal is the
rehabilitation of offender.

In the late 18th Century, America employed penitentiary as a means of

protecting prisoners from moral contamination and restoring them to habits of correct
living (Johnson, 1987). This is considered as the birth of a modern prison for purposes
of the prisoner’s reformation by protecting health and improving character. In the
context of corporal punishment, it seemed primitive and barbaric but these

93
punishments were the vestiges of the Old World (Johnson, 1987). In the New World, by
contrast, it was self-evident that a criminal was not a preordained sinner. His fate was
not sealed by the Almighty. He was instead a product of the society. While a
prisoner/sinner deserved punishment for his crimes, he also deserved to be reclaimed
by and for the society (Johnson, 1987). The penitentiary, the first prison systematically
designed to harness pain in service of the reformation of men, thus embodied a
glorious reform dream, providing a new prison for a New World (Clear and Cole, 1986).
It is further essential to note that the reformers or legislators who supported the
penitentiary did so with one firm criterion and that, the punishment is humane and not
replicate the brutal punishment of the past (Clear and Cole, 1986). The penitentiary
model of reformation applies two systems namely, the separate and the congregate.
The separate system used solitary confinement and manual labor in which the
prisoners were kept separate from one another as well as from the outside world. The
congregate system is one in which the prisoners slept in solitary cells, worked
together but complete silence is observed. They are united but no moral connection
exists among them. They see without knowing each other. They are in a society without
mental intercourse because there was no communication and hence no interaction
(Clear and Cole, 1986).

The penitentiary was in practice, a custodial institution. It demanded absolute

obedience from criminals who have never learned to respect limits, follow rules, or put
in an honest day’s work and who, moreover, were the filthy elements of the society.

Despite the theoretical emphasis on reform and the widespread use of the
terminology of rehabilitation, the actual experience of imprisonment for most persons
who are imprisoned in this century has been simply punitive. From the mid-60s to the
present, a new prison type has emerged which is defined by the climate of violence and
predation on the part of the prisoners. Known simply as the “violent prison”, it has been
aptly described as a “human warehouse with a jungle-like underground” (Johnson,
1987).

In the management of prisons, one recognizes that the pain suffered by the
prisoners can create more prison management problems rather than solve them. When
prisoners feel pain, prisons become hard to operate. According to Johnson (1987), in
principle, it is possible to escalate pain and break the will of the prisoners and to resort
into outright brutality and to run the prison on raw fear. He also stated that prisons are
meant to push and deter two goals that require pain and discomfort even to the extent
that conditions in jail are restrictive and even harsh. They are part of the penalty that
the criminal offender must pay for his offenses against society. The constitution does
not even mandate comfortable prisons so indeed prisons cannot be free from
discomfort because by their very nature, always will be painful.

In the modern prisons, from the nineteenth century penitentiary to today’s prison
system, administrators are deceptive on this score, preaching treatment but practicing
punishment (Johnson, 1987). The New York’s famous Elmira Reformatory, for example,
is often described as the original model from which progressive penology evolved. It
was praised as a humanitarian “hospital” or “college on the hill”, but pain as a
fundamental fact of prison life was not acknowledged as an Elmira’s ingredients.
Although the system developed a new, liberating reformatory and produced a kind of
scientific penitentiary, the system attributed largely on the result of fear (Johnson,
1987).

The brutality inside prisons in today’s world reflects a failure of policy, a triumph
of convenience over conscience, and a challenge to responsible prison administrators. If
our nurturing is defective, i.e. unappreciative, inconsistent, lax, harsh and careless, one
grows up hostile and this hostility seems as much turned inward as it was turned
outward. The nurturing environments that produce this denigration of self and others
are the factors that breed criminality.

94
 If this is what really appears to be, then when will man realize the meaning of
reformation or rehabilitation for prisoners? Does it only end in wishful thinking?

Blumstein list five possible approaches that prison administrators may take to
deal with the prison crisis. Each approach has economic, social and political costs, and
each entails a different amount of time for implementation and impact.

First, the proponent of the Null Strategy say that nothing should be done, that
prisons should be allowed to become increasingly congested and staff should remain to
maintain them with the assumption that the problem is temporary and will disappear in
time. This, of course, may be the most politically acceptable approach in the short run.
In the long run, however, the approach may lead to riots as prisoners take control of
their situation and staff members become demoralized. It may ultimately result in the
courts declaring the facilities unconstitutional and taking over their administration.
Philosophical opponents of incarceration may support this approach because they fear
that other strategies will only result in greater numbers of persons imprisoned.

Second, proponents of the Selective Incapacitation Strategy argue that

expensive and limited prison space with the necessary number of staff to maintain them
should be used more effectively by targeting the individuals whose incarceration will do
the most to reduce crime. It shows that the incarceration of some career criminals has
a pay off in the prevention of multiple serious offenses.

Third, the Population-Reduction Strategy Incorporates front door and back

door strategies. Front-door strategies divert offenders to non-incarcerative sanctions,
among them, community service, restitution, fines, and probation. Some critics
contend, that even if such alternative were fully incorporated into the correctional
system, they would affect only first time, marginal offenders, as they are not
appropriate for serious criminals if crime control is a goal and has the effect of widening
the net so that a greater number of citizens come under correctional supervision. While
the Back-door strategies such as detention, parole, work release and good behavior are
devised to get offenders out of the prison before the end of their terms in order to free
space for new comers.

Fourth, the Construction Strategy of building new facilities to meet the

demand for prison space for an advantageous prison management. The approach
comes to mind when legislators and correctional officials confront the problem on prison
crowding, sanitation and prison violence to expand the size, number of facilities and
personnel.
But given contemporary financial restrictions, this strategy may not be as feasible as it
seems. Opponents of this approach of prison management believe that given the nature
of bureaucracy, prison cells will always be filled as well as the conditions in prisons has
detrimental effect of incarceration on offenders.

Fifth, the Population-Sensitive Flow Control Strategy urges the sentencing

be linked to the availability of prison space and management staff, that policies be
developed allowing the release of the prisoners when prison facilities become crowded
and staff are greatly outnumbered to manage prisoners, and that each court be allotted
a certain amount of prison space and staff members so that judges and prosecutors
make their decisions accordingly. This strategy depends on the political will to release
prisoners even in the face of public protest (Clear and Cole, 1986).

Contemporary jails serve two vital purposes: they detain accused individuals
awaiting trial and they house sentenced offenders serving short terms. Some argue that
jails are outside the boundaries of the correction enterprise while others believe that
jails are important part of corrections and that they illustrate many complexities. It is
perhaps the most frustrating component of corrections for people who want to help
persons who find themselves under supervision. Many of them need a helping hand,
but the unceasing human flow usually does not allow time for such help nor the

95
resources available in most instances. Many programs have been tried and alternatives
to jails were developed, but the common experience is that they come to be applied to
persons who otherwise would be sentenced to probation or those who will serve their
sentences with in the community.

In the United States, a Federal Survey (Senna and Siegel, 1987) found out that
the ratio of probation to prison population is increasing as a faster rate than the prison
population. About 1,032,000 adult offenders were put on probation in 1984, and about
904,000 finished their probationary period. Of these about 81.5 percent were
considered successful completions. The remainder, 18.5 percent, was considered
unsuccessful either because the probationer was incarcerated for a new offense or
because the probationer absconded or was in custody for another reason (Senna and
Siegel, 1987).

In the context of recidivism, the effectiveness of correctional policy can be

evaluated on the basis of whether former inmates return to life of crime. To assess the
extent of recidivism in the prison system, Lawrence Greenfield of the Bureau of Justice
Statistics analyzed data from a national survey of prison inmates in Washington D.C.,
United States. Greenfield found that an estimated 61 percent of those admitted to jail
or prison had previously served a sentenced of imprisonment as a juvenile, an adult, or
both. Of the 39 percent entering prison who had no prior imprisonment record, nearly
60 percent had convictions that resulted in probation and 27 percent were on probation
at the time of their offense. In all, about 85 percent of entering inmates had prior
convictions that had resulted in correctional treatment.

Another disturbing fact uncovered by Greenfield was that 46 percent of the

returning offenders would still have been in prison had they been forced to serve the
entire term of the sentence given them at their previous trial. Many offenders had long
criminal records before they committed the offense that gained them their current
sentence. He revealed that most inmates had prior criminal records. He also said that
current correctional policy is not sufficient to deter offenders for repeating their law-
violating behavior (Clear and Cole, 1986).

Based on the aforementioned information, it seems that civilization dictates the

realization of true reformation among prisoners. Civilization means a growth in
knowledge, which in turn increases the power to prevent or reduce pain. Civilization
also means an increase in our ability to communicate with others. Growth in knowledge
engulfs those who are outside immediate environment and this extends to the circle of
people with whom one emphasizes. As a result of civilization, its progress is
characterized by a higher tolerance for one’s own pain, and that suffered by others.
This means that “the spectacle, and even the very idea of pain” must be hidden from
more and more people (Johnson, 1987). Ultimately, it must seem to disappear from
punishment itself. By this growing unwillingness to administer pain does one measure
his civilization and, “by our example, continue the work of civilizing prison
management” (Johnson, 1987).

Prescription of the Crime & Prescription of Penalty

The Difference

Prescription of the Crime Prescription of Penalty

Is the forfeiture or loss of the right of the Is the loss or forfeiture of the right of the
state to prosecute the offender after the government to execute the final sentence
lapse of a certain time. after lapse of a certain time.

Note: That the counting will start upon Note: That the counting will only run if
the discovery of the crime not on the within convicted person will hide in the
date the crime happened. Philippines or in any other countries in
which the Philippines has a treaty or
extradition law.

96
 Conditions necessary in Prescription of Penalty

 That there must be final judgment;

 That the period of time prescribed by law for its enforcement has lapsed.
 Prescription whether by penalty or crime, the state or the people loses the right
to prosecute the crime or to demand of the sentence of the penalty imposed.

Period of Prescription of Crimes

 Crimes punishable by Death, Reclusion Perpetua or Reclusion Temporal – 20

years
 Crimes punishable by other Afflictive Penalties – 15 years
 Crimes punishable by Correctional Penalty – 10 years
 Crimes punishable by Arresto Mayor – 5 years
 Crime of libel or other similar offenses – 1 year
 Offenses of Oral Defamation and Slander by Deed – 6 months
1. Light Offenses – two (2) months

Period of Prescription of Crimes under Special Laws or Ordinances

 Offenses punished only by a fine or by imprisonment for not more than one
month, or both – after 1 year
 Offenses punished by imprisonment for more than one month, but less than two
(2) years – after 4 years
 Offense punished by imprisonment for six (6) years or more – after 12 years
 Offense punished by imprisonment fro two (2) years or more – after 8 years
1. Offense under Internal Revenue law – after 5 years
2. Violations of Municipal Ordinances – after 2 months
3. Violations of the regulations and conditions of certificate of
convenience by the Public Service Commission – after two (2) months

The computation of prescription o offenses or crime shall start to court

from the day of which offense or crime is being discovered, by the offended
party, authorities or their agents. It is interrupted by filing of complaint or
information. It would commence to run again when such proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to him. The term of prescription shall not run when the
offender is absent from the Philippines.

Period of Prescription of Penalties

 Crimes sentence to death and reclusion perpetua – 20 years

 Afflictive penalties – 15 years
 Correctional penalties – 12 years
 Arresto mayor – 5 years
 Light penalties – 1 year

The period of the prescription of sentence commence when the sentence

imposed is already final. If a convict appealed and thereafter fled, the penalty
imposed upon him would never prescribe, because pending the appeal the
sentence is not yet final. The period of presentation of penalties commence to
run from the date when the culprit evaded the service of sentence. It will only be
interrupted if the culprit:

97
 1. Gives himself up;
2. be captured;
3. goes to a foreign country with which we have no extradition treaty;
4. Commits another crime before the expiration of the period of
prescription.

The period of prescription of penalties shall commence to run again when

convict escapes again, after having been captured and return to prison.

Elements for the Prescription of Sentence to Commence

a. That the penalty is imposed by final sentence;

b. That the convict evaded the services of sentence by escaping during
the term of his sentence;
c. That the convict who escaped from prison has not given himself up or
been captured or gone to a foreign country with which we have no
extraditio0n treaty, or committed another crime;
d. That the penalty has prescribed because of the lapse of time from the
date of the evasion of the service of sentence by the convict.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY DOCTRINE OF

DEVELOPMENT

The Bureau of Jail Management and Penology adheres to the following ten (10)
doctrines to guide it in its day-today functions.

(1.) Personnel build-up and mentoring doctrine – New recruits are immediately
sent to attend the public safely basic recruit-training course at the National
Jail Institute, with the program of instruction particularly tailored to
corrections or jail officers. The physical and moral approach is mentoring. In
the training center, mentors are trusted counselors who can make a
difference between a person’s physical and moral like.

(2.) Striving for excellence doctrine – After the development of personnel, the
bureau begins to enhance the knowledge and skills of personnel to make
them capable of performing the tasks assigned to them, the human
resources development program includes in-house training, allied courses
offered to ensure that skills are appropriated to their job description. The Jail
Bureau endeavors to create or build for them a cancer that will make them
worthy of being correctional officers.

(3.) Doctrine on Equity – This doctrine emphasizes the grant of recognition to

deserving personnel while, at the same time, meting out punishment to
erring one’s Recognition comes in the form of promotion, wards, decorations,
and timely release of incentives and benefits such as longevity pay, clothing
allowances, productivity pay, and among others. Relatedly, the bureau
envisions developing a retirement scheme that will enable retirable personnel
to claim retirement benefits on time and with less effort and with fewer
expenses. The giving of retirement pay is done during appropriate
ceremonies in due recognition of the retirees long and efficient service in the
bureau.

(4.) Doctrine of Positive reinforcements – This doctrine deals with the strategies
that are intended to strengthen the moral fiber and work ethics of personnel.
The activation of integrity circles (IC’s) in all levels of jail management, the
member IC’s shall ensure that all available personnel who are morally strong
will be made as role models. They can help prevent less desirable and
potentially corrupt personnel from engaging illicit activities. It is imperative
that the IC’s helped enhance morality and integrity of the organization. In

98
 the institutionalization of IC’s facilitators play a very important role in the
professionalization of trainers. Trainers keep abreast of development
obtained in the organization. Periodic training of facilitators is necessary to
effectively fight corruption in organization.

(5.) Doctrine on decentralization in resource governance – This doctrine gives

emphasis on transparency in allocation and utilization of resources and
involvement of all units in resources management. Complementarily of
efforts among key personnel at all levels thus fends to neutralize budgetary
constraints.

(6.) Doctrines on networking and teamwork – This doctrine aim to:

1. Widen working knowledge on intelligence through training or

seminars;
2. Establish intelligence network in all jail facilities with offenders as
informants;
3. Conduct security inspection;
4. Identify strong and weak points of the facility, personnel and degree of
implementation of existing policies and guidelines through the conduct
of research.
5. Coordinate with other intelligence units and local officials;
6. Establish feedback mechanism.

(7.) Doctrine of Penology – This doctrine is the main of the Bureau of Jail
Management and Penology. Which includes the following:

1. Custody, security and control, emergency plans, movement and transfer of

offenders.

The over-all concept of jail security encompasses both prevention and

rehabilitation. These two efforts are inseparable as neither can be accomplished without
the other. Jail security is necessary to safeguard the lives of people residing within the
vicinity as well as of inmates who are undergoing rehabilitation.

The following guidelines are observed in jails:

a. Conduct of jail inspection and security survey.

Periodic and surprise inspection of jail facilities are conducted. The inspection must
not be perfunctory or superficial. It must be done thoroughly in order to discover and
flush out all kinds of contraband places in jail facilities where contraband could be
hidden and locate places which could serve as possible route of escape.

b. Oplan Greyhound

Searches on offenders and visitors entering the jail facilities are religiously
conducted to prevent entry of contraband and other deadly weapons and to ensure the
safety and security of offenders, visitors and personnel. No one is allowed to pass the
gate without being subjected to body search and inspection.

c. Movement and transfer of offenders

Offenders, while under detention or escort, are closely supervised to prevent

jailbreak or escapes. Movements of jail personnel are also closely monitored to
prevent possible connivance with offenders in jail escapes. Offenders shall not be

99
 escorted out of jail unless their movement is endorsed by the court or other judicial
authorities, except in emergency cases. The shortest available route to and from the
destination shall be taken and no deviation from the route shall be allowed for
whatever reason.

d. Offenders’ count

It is a part of institutional procedure that at specified times during a 24-hour period,

all offenders shall be physically counted, at least four (4) times daily and during
charge of shift. And all movements of offenders shall cease until the court is
completed. If the total jail court does not tally with the jail population at any given
time, another count shall be made. An immediate report shall be rendered to the
warden or deputy warden for any unaccounted offender.

e. Security procedures during meal service

A jailer shall not enter the quarters of the offenders to distribute food unless another
officer is available to handle the keys and to control the entrance door. In dining
room security, as a general precaution, individual mess utensils of offenders are
made of plastic.

f. Mail censorship

To give the offenders are respite from the strain of prison life, they shall be
encouraged to maintain wholesome contact with friends and relatives through
correspondence. However, the privilege o sending and receiving mail that is
extended to offenders shall be properly supervised and handled to obviate the
possibility of smuggling contraband and using this as a means of elicit
communication. Likewise, all outgoing mail shall pass through the normal mail
facility of the jail subject to the usual censorship.

g. Emergency plans for jails

Emergency plans in case of fire or conflagration, riots or other violent disturbances

jail breaks and other such occurrences were formulated to suit the physical structure
and other factors peculiar to the individual jail. All wardens are directed to formulate
their respective implementing plans in cases of emergency.

Mob and Riot Control

Definition:
1. Mob – it is a crowd which may become boisterous and disorderly with only
isolated and minor violence or lawlessness.
2. Riot – it is a mob which seeks to violate each and every police goals.

Characteristics

1. Aggressive – riots, lynching mob, prison and political riots.

2. Escapes – mobs that are attempting to safety by fight panic creates escape
mob.
3. Acquisitive – mobs that desire to acquire something.
4. Expressive – mob that expresses favor or revelry.

Types of Violence used by Mobs

100
 1. Verbal and written abuse – tactics used to anger and demoralize police
officers.
2. Noise – this tends to fatigue and demoralize the police and it also interferes
with police command and control.
3. Attack on police and police equipments – this is done to damage and cripple
police vehicle and disrupt police action against violators.
4. Throw objects – police offices should be on the look out for troubled areas
where objects are available to violators.
Ex. Molotov bombs, pili boxes, feces, urine, stone and etc.
5. Moving vehicle – used to destroy roadblocks and police formations.
6. Destruction of property and looting – private residence and businesses may
have windows broken or set into a fire or business establishments may be
looted of merchandize.
7. Use of weapons and firearms – these are used in fighting police either by
selective snipping or massed fire.

Tactics used by Mobs

1. Numerous false alarms directed to police department causing the premature

or incorrect deployment of fire equipment’s and resources.
2. False calls of “officers in trouble” resulting in that development of police
manpower to a certain areas and attract larger crowd for the agitator to
incite.
3. Interfering with a police officer in his line o duty forcing him to take action
against the agitator or at least diverting him from his primary duty. This
tactics is followed by crises of “police brutality” from the investigators of the
trouble.

Handling and Quelling Disorder

1. Factors affecting handling of disorder

a. Proper selection of Men – the selection of officers for a riot control force is
of vital importance and should be made with extreme care when possible.
This includes temperament, attitude, fear, unit leader and physical fitness.

b. Intelligence – it is very important in determining number of personnel and

the equipment necessary to police a crowd. Example of intelligence
information: time of event, location, sponsor, physical features of the area,
estimated number of participants, expected weather condition, psychological
background of the area population, identification of leaders and rioting
factions, objectives of rioters and equipment’s.

c. Uniform – the uniform should be complete and in good pair. The officer
who is neat in appearance with a clean uniform is a symbol of law and order
and by his appearance will affect the crowd psychologically making control a
comparatively simple task.

d. Protective Equipment’s – baton, shotgun, helmet with visor, gas equipment

with mask, boots, shields, communication and etc.

2. Tactics

a. Rapid Dispersion – the first tactical principles that must be considered

is the rapid dispersion of the rioters. The mob, if permitted to operate
over a long period of time, commits acts of violence, become bold,
dangerous and uncontrollable.

101
 b. Prevention of Assemblies – when the tactical principle of dispersal has
been successfully accomplished. The professional agitators and leaders
will attempt to reorganize the mob. It is impotent therefore, to prevent
further gatherings, eliminating additional policing problems. The
following methods can be used.
1. Mobile units patrolling the area
2. Develop a system of guard on fixed post
3. Roving for patrol
4. Develop system of communication

c. Arrest of Leaders – it is known fact that a mob without a leader is not

a major problem, therefore, agitators should be remove or arrested
from the scene of the disturbance as soon as possible.

d. Crowd and riot control formation

1. Four (4) basic riot control formation:
a. Column – used generally for approach to the riot area.
b. Skirmisher line – used in confronting the mob to advance against
it, for display for force or to block off an area.
c. Wedge – used in clearing streets and splitting the mob.
d. Diagonal – (right of left echelon) – it is used to drive the mob in
a given direction.

2. Variations of four (4) basic riot control formations

a. “T” Formation
b. “U” Formation
c. Box Formation
d. Arrow Formation
e. Double Line formation

4. Rules for use of Formation

a. movement of any riot control formation whether it be offensive

or defensive, should always be a unit.
b. each formation should have a reserve which will serve under the
officer in command as he dictates to meet the demand of the
situation.
c. the officer commanding the unit must always be at rear of the
line of contact during the action.
d. The choice of formation and tactics used must always be such
that no members of the mob can get into the rear of the unit.
e. It is not advisable to commit a small formation too deeply into a
mob or crowd. If the unit is small and the crowd is very large,
contact should be avoided and he mob handled from a distance,
taking advantage the use of smoke, long range gas, guns and
other tactical means.
f. if retreat becomes necessary furring unforeseen change in the
situation, the retreat should always be made in formation,
slowly so as not to give and indication of panic, and with the
man facing toward the mob.
g. changes in formation and movements should always be done in
a quicker manner.
h. should any member of the mob lay lands on a member of the
unit and try pull him out of the formation, other members of the
unit specially those at the reserve should converge on the spot
and subdue the rioters.

Oplan Dakip Balik-Piitan

102
 All Assistant Regional Directors of Bureau of Jail Management and Penology is
mandated to intensity implementation of oplan dakip-balik-piitan in their respective
areas of responsibility for the immediate recapture or recovery of escapes..
Coordination with the Philippine National Police and other Law Enforcement Agencies is
also encouraged before the conduct of an operation.

Rehabilitation Services for offenders

Rehabilitation services are carried out to change offenders’ pattern of criminal

behavior and to reform them into law-abiding and productive citizens through the
implementation of rehabilitation programs in jail.

The treatment of offenders focuses on the provision of the following services

that are designed to encourage offenders to return to the fold of law to enhance their
self-respect, dignity and sense of responsibility:

a. provide basic needs of offenders;

b. medical and dental services;
c. education and skills training;
d. religious service, guidance and counseling services;
e. recreation, sports and entertainment;
f. work program such as livelihood projects;
g. visitation services; and
h. mail services

ESCAPE AND APPREHENSION PROCEDURES

The following are the measures that help reduce the occurrence of escape
attempts:

1. Alert detection and prompt report of unrest or tension;

2. Observation and report of abnormal changes in inmate behavior;
3. Provision of full - time work, recreation and self-improvement programs for the
inmates;
4. Proper considerations of legitimate inmate complaints or needs;
5. Prompt, decisive, & suitable action in response to the situation at hand;
6. Implementation of a system of security inspections, frequent counts and
supervised movement;
7. Provision of appropriate work and living assignment in accordance with inmates
custody classification.

Sounding the Alarm:

Pre-arranged signal should be sounded to notify employees living in the vicinity

of the facility.

Notification of Off-duty Employees:

An accurate up-to-date list of all employees’ addresses and telephone numbers

should be maintained. Off-duty employees should re-enforce on-duty employees.

Essential Maintenance Posts:

When an alarm is sounded, employees supervising their post should take

immediate counting of inmates in their care.

Notification of the Central Office:

103
a) Method of Escape- Inform the Central Office how the inmates managed to have
access in the area from where the escape occurred;

b) An evaluation of the factors which may have led to or what enable the escape;

c) Proposed changes to institutional policy or procedures designed to thwart similar

escapes in the future.

Notification of Law Enforcement Agencies & the Information that must be

provided:

1. Name of the Escapee (s)

2. Escapees’ sex, race, nationality, date of birth, age weight, hair & eye color
and residence.
3. Photograph
4. Escapees’ crime or offense status, date sentenced, length of sentence;
5. Statement whether or not the escapee (s) is considered dangerous.
6. Institutional contact who should receive notice of apprehension.

Officers Conduct in the Event of Escape

a) Recovery team must be tactful and use good judgment during their contact with
the public;
b) Apprehension plan should clearly state the limits of authority of the recovery
team;
c) Conduct vehicle or house search;
d) Proper coordination with the law enforcement agencies is necessary;
e) Recovery team must recognize the importance of proper handling of evidence;
f) Any infractions of the law should be avoided.

Oplan decongestion
Under this program, the following applicable laws and policies must be religiously
implemented.

R.A. 6036 a law on release on recognition, which provides for the release of
offenders whose penalties are not more than six (6) months imprisonment or
involves a fine of two thousand pesos (P2,000.00) or both, to the custody of
a responsible person in the community.
R.A. 6127 a law which grant full-time credit period of preventive detention,
which fully deducts the period of the offenders preventive from the sentence
from the sentence from the sentence imposed by the court.
P.D. 968 as amended, which grants offenders who are sentenced to six (6)
years imprisonment or below, to be eligible for probation.
P.D. 603 the Youth and Child Welfare Code, which suspends service of sentence
of minor offenders and places them in rehabilitation centers under the
supervision of the DSWD, before they are released to the custody of their
parent or any responsible citizen in the community.
Batas Pambansa Blg. 85, which authorizes the release of a detained offender
who has undergone preventive imprisonment equivalent to the maximum
imposable penalty for the offense changed.
R.A. 9165 Dangerous Drug Act of 1972, especially Section 32, which grants
probation to first-time offenders of minor age.
R.A. 4203, which creates the Board of Pardons and Parole to look into the
physical, mental and moral record of convicted offenders in order to
determine who shall be eligible for parole, probation or pardon.
Department of Justice memorandum Circular No. 6, which directs all
wardens or anyone who is in-charge of local jails to effect the immediate
transfer of national Prisoners to the national Penitentiary in Muntinglupa or
other National Prison.

104
8. Doctrine on image and technology build-up – in view of the urgent need of
recording the important events and activities of a fledging organization since
its creation in 1991 pursuant to R.A. 697 the Bureau of Jail Management and
Penology has regularly published a quarterly magazine. The correction
journal. Starting with simple issues, the journal has now evolved into a
professionally competitive publication.

As one of the fundamental functions of its public information office, the jail
Bureau builds up a positive image through press release. In the pursuit of this
endeavors, it stops at nothing short or requiring its unit and offices to provide
the public information office with data worthy of publication. The Bureau of
jail Management and Penology has made it a point to scout from among its
new recruits those who are inclined to being in the PIO to make it more
effective.

To ensure storage of important reading materials from both internal and

external sources, the BJMP is keen on establishing a library that will augment
the learning process of its personnel. Along with this, a museum will also be
established to preserve historical and other such valuable mementos. The
significance of materials and relics to the life of the individual BJMP member
and the Bureau itself, both now and in the future, cannot be over
emphasized, if only for the reason that there should be a way to
monumentalize the progress of its existence as well as to broaden the mental
perspective of its personnel and his help make way for an ideal public image.

With the establishment of the information technology unit, there will be a

comfortable means of retrieving information or data for internal and external
purposes. Extraction of information and inter linking with other sources will
be easier on the basis of automation. With the creation of the information
technology until and computerization, fast tracking of records will no longer
be a problem.

9. Collaborative partnership in rehabilitation Doctrine – under this doctrine,

community participation is envisioned to be maximized. The Bureau shall
enter into a memorandum of agreement with non-government organizations
and the business sector for possible tie-up in entrepreneurial undertakings,
which can both address the economic and social needs of the offenders. A
search on this indicated that collaborative partnership in rehabilitation will
make a great difference in the lives of the offenders.

10. Doctrine on expanded family advocacy in correctional facilities – simply, it is a

actively putting a community into correctional work. Advocating for increase
in volunteer programs that are geared toward filing the self-esteem and self
respect among offenders, and will transform the offender’s view of the jail
from a purely punitive to a correctional facility.

105