PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
“The one who gets wisdom loves life;
the one who cherishes understanding will soon
prosper.”
Proverbs 19:8
CORRECTION ADMINISTRATION
INSTITUTIONAL CORRECTION
I. Basic Definition of Terms:
PENOLOGY defined:
o The study of punishment for crime or of
criminal offenders. It includes the study of
control and prevention of crime through
punishment of criminal offenders.
o The term is derived from the Latin word
“POENA” which means pain or suffering.
o Penology is otherwise known as Penal
Science. It is actually a division of
criminology that deals with prison
management and the treatment of offenders,
and concerned itself with the philosophy and
practice of society in its effort to repress
criminal activities.
o Penology has stood in the past and, for the
most part, still stands for the policy inflicting
punishment on the offender as a
consequence of his wrongdoing.
Penal Management:
o Refers to the manner or practice of
managing or controlling places of
confinement as in jails or prisons.
CORRECTION defined:
o A branch of the Criminal Justice System
concerned with the custody, supervision and
rehabilitation of criminal offenders.
o It is that field of criminal justice
administration which utilizes the body of
knowledge and practices of the government
and the society in general involving the
processes of handling individuals who have
been convicted of offenses for purposes of
crime prevention and control.
o It is the study of jail/prison management and
administration as well as the rehabilitation
and reformation of criminals.
o It is a generic term that includes all
government agencies, facilities, programs,
procedures, personnel, and techniques
concerned with the investigation, intake,
custody, confinement, supervision, or
treatment of alleged offenders.
Correction as a Process
o Refers to the reorientation of the criminal
offender to prevent him or her from repeating
his deviant or delinquent actions without the
necessity of taking punitive actions but rather
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CIVIL SERVICE PROF
the introduction of individual measures of
reformation.
Correctional Administration
o The study and practice of a systematic
management of jails or prisons and other
institutions concerned with the custody,
treatment, and rehabilitation of criminal
offenders.
III. Historical Perspective on Corrections
Important Dates and Events in the History of
Corrections:
13th Century – Securing Sanctuary
In the 13th C, a criminal could avoid
punishment by claiming refugee in a church for a
period of 40 days at the end of which time he has
compelled to leave the realm by a road or path
assigned to him.
1468 (England) – Torture as a form of punishment
became prevalent.
16th Century – Transportation of criminals in
England, was authorized. At the end of the 16th C,
Russia and other European Countries followed this
system. It partially relieved overcrowding of prisons.
Transportation was abandoned in 1835.
17th C to late 18th C – Death Penalty became
prevalent as a form of punishment.
Reasons why Death Penalty became the usual
Punishment during this period and thereafter:
1. Death of outlaws became a “protection for
the English people”. It is because the people
during this period did not totally believe yet in
the ability to a strong police force to combat
criminals.
2. People lack confidence in the transportation
of criminals. Gaols and Galleys became
center of corruption and ineffective
instruments of punishment.
3. Doctrine of Crude Intimidation appeared or
seemed to be a logical form of threat in order
to deter or prevent the people from violating
the law.
4. The assumption was that, the Ruling Class is
tasked to protect property rights and
maintain public peace and order. The system
of maintaining public order had little
consideration or it did not recognize the
social and economic condition of the lower
working class. The lawmakers and enforcers
used death penalty to cover property loss or
damage without further contemplating the
value of life of other people.
GAOLS - (Jails) – pretrial detention facilities
operated by English Sheriff.

Galleys – long, low, narrow, single decked ships
propelled by sails, usually rowed by criminals. A type
of ship used for transportation of criminals in the 16th
century.
Hulks – decrepit transport, former warships used to
house prisoners in the 18th and 19th century. These
were abandoned warships converted into prisons as
means of relieving congestion of prisoners. They
were also called “floating hells”.
The Primary Schools of Penology
1. The Classical School
o it maintains the “doctrine of psychological
hedonism” or “free will”. That the individual
calculates pleasures and pains in advance of
action and regulates his conduct by the result
of his calculations.
o Advocated by: CESARRE BECARRIA &
JEREMY BENTHAM
2. The Neo-classical School
o it maintained that while the classical doctrine
is correct in general, it should be modified in
certain details. Since children and lunatics
cannot calculate the differences of pleasures
from pain, they should not be regarded as
criminals, hence they should be free from
punishment.
3. The Positivist/Italian School
o the school that denied individual
responsibility and reflected non-punitive
reactions to crime and criminality. It adheres
that crimes, as any other act, is a natural
phenomenon. Criminals are considered as
sick individuals who need to be treated by
treatment programs rather than punitive
actions against them.
o Advocated by: HOLY THREE OF
CRIMINOLOGY
(CESARE LOMBROSO, ENRICO FERRI,
RAFAEL GAROFALO)
The Primitive Society
o In the beginning of civilization, acts are
characterized by behavioral controls categorized
as: forbidden acts, accepted acts, and those acts
that are encouraged.
o Crimes, violence, rebellious acts and other acts,
which are expressly prohibited by the society, fall
as forbidden acts. Accepted acts are those that
can be beneficial to the welfare of the society
such as early traditions and practices, folkways,
norms, those that are controlled by social rules,
and laws.
o Encourage acts are anything approved by the
majority which is believed to be beneficial to the
common good. These things include marrying,
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
having children, crop production, growing food,
etc
o Punishment is required when those who intend
to violate the rules do not comply with these
practices.
o The complex society gradually evolved changing
the social rules into a more structured sanctions
to prevent the violations of those rules essential
to group survival. These sanctions have been
codified into written rules or laws. And the reward
for obeying those laws is simply the ability to
function as a respected and productive member
of society.
Redress (Compensation) of a wrong act
Retaliation (Personal Vengeance)
o the earliest remedy for a wrong act to any one (in
the primitive society). The concept of personal
revenge by the victim’s family or tribe against the
family or tribe of the offender, hence “blood
feuds” was accepted in the early primitive
societies.
Fines and Punishment
o Customs has exerted effort and great force
among primitive societies. The acceptance of
vengeance in the form of payment (cattle, food,
personal services, etc) became accepted as
dictated by tribal traditions. As tribal leaders,
elders and later kings came into power, they
begun to exert their authority on the negotiations.
Wrongdoers could choose to stay away from the
proceedings (Trial by ordeal) but if they refuse to
abide by the law imposed, they will be declared
to be an outlaw.
Early Codes:
o History has shown that there are three main legal
systems in the world, which have been extended
to and adopted by all countries aside from those
that produced them. In their chronological order,
they are the Roman, the Mohammedan or Arabic
and the Anglo-American Laws. Among the three,
it was Roman law that has the most lasting and
most pervading influence. The Roman private
law (Which include Criminal Law), especially has
offered the most adequate basic concepts which
sharply define, in concise and inconsistent
terminology, mature rules and a complete
system, logical and firm, tempered with a high
sense of equity. (Coquia, Principles of Roman
Law, 1996)
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic
Code) – Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in
fact, Sumerian codes were nearly one hundred
years older.

2. Roman and Greek Codes
a. Justinian Code– 6th C A.D., Emperor Justinian of
Rome wrote his code of law.
o An effort to match a desirable amount of
punishment to all possible crimes. However,
the law did not survive due to the fall of the
Roman Empire but left a foundation of
Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC)
 Represented the earliest codification of
Roman law incorporated into the
Justinian Code. It is the foundation of all
public and private law of the Romans
until the time of Justinian. It is also a
collection of legal principles engraved on
metal tablets and set up on the forum.
b. Greek Code of Draco
 In Greece, the Code of Draco, a harsh
code that provides the same punishment
for both citizens and the slaves as it
incorporates primitive concepts
(Vengeance, Blood Feuds).
 The Greeks were the first society to
allow any citizen to prosecute the
offender in the name of the injured party.
3. The Burgundian Code (500 A.D)
o specified punishment according to the social
class of offenders, dividing them into: nobles,
middle class and lower class and specifying
the value of the life of each person according
to social status.
Early Codes (Philippine Setting)
The Philippines is one of the many countries
that cane under the influence of the Roman Law.
History has shown that the Roman Empire reached
its greatest extent to most of continental Europe
such as Spain, Portugal, French and all of Central
Europe. Eventually, the Spanish Civil Code became
effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (The
Revised Penal Code today, 1930) was introduced by
the Spaniards promulgated by the King of Spain.
Basically, these laws adopted the Roman Law
principles (Coquia, Principles of Roman Law, 1996).
Mostly tribal traditions, customs and practices
influenced laws during the Pre-Spanish Philippines.
There was also a law that was written which
includes:
a. The Code of Kalantiao (promulgated in 1433) –
the most extensive and severe law that prescribes
harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
Mamertine Prison – the only early Roman place of
confinement which is built under the main sewer of
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
Rome in 64 B.C Other places of confinement in the
history of confinement include FORTRESSES,
CASTLES, and TOWN GATES that were strongly
built purposely against roving bands of raiders. The
most popular workhouse was the BRIDEWELL
WORKHOUSE (1557) in London which was built for
the employment and housing of English prisoners.
Wulnut Street Jail – originally constructed as a
detention jail in Philadelphia. It was converted into a
state prison and became the first American
Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the
Philippines was tribal in nature. Village chieftains
administered it. It was historically traced from the
early written laws. In 1847, the first Bilibid Prison was
constructed and became the central place of
confienment for Filipino Prisoners by virtue of the
Royal decree of the Spanish crown. In 1936, the City
of Manila exchanges its Muntinlupa property with the
Bureau of Prisons originally intended as a site for
boys’ training school. Today, the old Bilibid Prison is
now being used as the Manila City Jail, famous as
the “ May Halique Estate”.
IV. THE EMERGENCE OF SECULAR LAW
4th A.D. - Secular Laws were advocated by
Christian philosophers who recognizes the need for
justice. Some of the proponents these laws were St.
Augustine and St. Thomas Aquinas.
Three Laws were distinguished:
1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)
All these laws are intended for the common good,
but the Human law only become valid if it does not
conflict with the other two laws.
V. PUNISHMENT
Punishment:
o It is the redress that the state takes against
an offending member of society that usually
involve pain and suffering.
o It is also the penalty imposed on an offender
for a crime or wrongdoing.
Ancient Forms of Punishment:
1. Death Penalty
o affected by burning, beheading, hanging,
breaking at the wheels, pillory and other
forms of medieval executions.
2. Physical Torture
o affected by maiming, mutilation, whipping
and other inhumane or barbaric forms of
inflicting pain.
3. Social Degradation

o putting the offender into shame or
humiliation.
4. Banishment or Exile
o the sending or putting away of an offender
which was carried out either by prohibition
against coming into a specified territory such
as an island to where the offender has been
removed.
5. Other similar forms of punishment like
transportation and slavery.
Early Forms of Prison Discipline:
1. Hard Labor - productive works.
2. Deprivation – deprivation of everything
except the bare essentials of existence
3. Monotony – giving the same food that is “off”
diet, or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity – “we treat the prisoners alike”.
“the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks,
mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or
languages on the part of prison staff to the
prisoners to degrade or break the confidence
of prisoners.
7. Corporal Punishment – imposing brutal
punishment or employing physical force to
intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-
communication, limited news, “the lone wolf”.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in
prison for the purpose of protecting the public
against criminal activities and at the same
time rehabilitating the prisoners by requiring
them to undergo institutional treatment
programs.
2. Parole - a conditional release of a prisoners
after serving part of his/her sentence in
prison for the purpose of gradually re-
introducing him/her to free life under the
guidance and supervision of a parole officer.
3. Probation – a disposition whereby a
defendant after conviction of an offense, the
penalty of which does not exceed six years
imprisonment, is released subject to the
conditions imposed by the releasing court
and under the supervision of a probation
officer.
4. Fine – an amount given as a compensation
for a criminal act.
5. Destierro – the penalty of banishing a
person from the place where he committed a
crime, prohibiting him to get near or enter the
25-kilometer perimeter.
PURPOSES/JUSTIFICATIONS OF
PUNISHMENT:
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
1. Retribution – the punishment should be
provided by the state whose sanction is
violated, to afford the society or the individual
the opportunity of imposing upon the
offender suitable punishment as might be
enforced. Offenders should be punished
because they deserve it.
2. Expiation or Atonement – it is punishment
in the form of group vengeance where the
purpose is to appease the offended public or
group.
3. Deterrence – punishment gives lesson to
the offender by showing to others what would
happen to them if they violate the law.
Punishment is imposed to warn potential
offenders that they cannot afford to do what
the offender has done.
4. Incapacitation and Protection – the public
will be protected if the offender has being
held in conditions where he cannot harm
others especially the public. Punishment is
effected by placing offenders in prison so
that society will be ensured from further
criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the
establishment of the usefulness and
responsibility of the offender. Society’s
interest can be better served by helping the
prisoner to become law abiding citizen and
productive upon his return to the community
by requiring him to undergo intensive
program of rehabilitation in prison.
SOCIAL JUSTIFICATION OF PENALTY:
1. Prevention – the state must punish the criminal
or prevent or suppress the danger to the state arising
from the criminal acts of the offender.
2. Self-defense – the state has the right to punish
the criminal as 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 – 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.
VI. THE AGE OF ENLIGHTENMENT
18th Century is a century of change. It is the
period of recognizing human dignity. It is the
movement of reformation, the period of introduction
of certain reforms in the correctional field by certain
person, gradually changing the old positive
philosophy of punishment to a more humane
treatment of prisoners with innovational programs.
The Pioneers:
1. William Penn (1614-1718)

o He fought for religious freedom and
individual rights.
o He is the first leader to prescribe
imprisonment as correctional treatment for
major offenders.
o He is also responsible for the abolition of
death penalty and torture as a form of
punishment.
2. Charles Montesiquieu (Charles Louis Secondat,
Baron de la Brede et de Montesquieu) (1689- 1755)
o 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.
3. VOLTAIRE (Francois Marie Arouet) (1694- 1778)
o He was the most versatile of all philosophers
during this period. He believes that fear of
shame was a deterrent to crime. He fought
the legality-sanctioned practice of torture.
4. Cesare Bonesa, Marchese de Beccaria (1738-
1794)
o He wrote an essay entitled “An Essay on
Crimes and Punishment”, the most exiting
essay on law during this century. It presented
the humanistic goal of law.
5. Jeremy Bentham (1748-1832)
o the greatest leader in the reform of English
Criminal law. He believes that whatever
punishment designed to negate whatever
pleasure or gain the criminal derives from
crime; the crime rate would go down.
Bentham was the one who devise the
ultimate PANOPTICAN PRISON – a prison
that consists of a large circular building
containing multi cells around the periphery. It
was never built.
6. John Howard (1726 – 1790)
o the sheriff of Bedsfordshire in 1773 who
devoted his life and fortune to prison reform.
After his findings on English Prisons,
o he recommended the following: single cells
for
Sleeping - segregation of women -
segregation of youth - provision of sanitation
facilities - abolition of fee system by which
jailers obtained money from prisoners.
The Reformatory Movement:
1. Alexander Mocanochie – He is the
Superintendent of the penal colony at Norfolk
Island in Australia (1840) who introduced the
“Mark System”. A system in which a prisoner
is required to earn a number of marks based
on proper department, labor and study in
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
order to entitle him for a ticket for leave or
conditional release which is similar to parole.
2. Manuel Montesimos – The Director of
Prisons in Valencia Spain (1835) who
devided the number of prisoners into
companies and appointed certain prisoners
as petty officers in charge, which allowed
good behavior to prepare the convict for
gradual release.
3. Domets of France – established an
agricultural colony for delinquent boys in
1839 providing housefathers as in charge of
these boys.
4. Sir Evelyn Ruggles Brise – The Director of
the English Prison who opened the Borstal
Institution for young offenders. The Borstal
Institution is considered as the best reform
institution for young offenders today.
5. Walter Crofton – He is the Director of the
Irish Prison in 1854 who introduced the Irish
system that was modified from the
Mocanochie’s mark system.
6. Zebulon Brockway – The Director of the
Elmira Reformatory in New York (1876) who
introduced certain innovational programs like
the following: training school type -
compulsory education of prisoners -
casework methods - extensive use of parole
- indeterminate sentence
The Elmira Reformatory is considered forerunner
of modern penology because it had all the elements
of a modern system.
The Two Rival Prison System in the History of
Correction
A. The Auburn Prison System
o the prison system called the “Congregate
System”.
o The prisoners are confined in their own cells
during the night and congregate work in
shops during the day. Complete silence was
enforced.
B. The Pennsylvania Prison System
o the prisons system called “Solitary System”.
o Prisoners are confined in single cells day and
night where they lived, they slept, and they
ate and receive religious instructions.
Complete Silence was also enforced. They
are required to read the Bible.
VII. PENALTY and THE MODERN PERIOD OF
CORRECTION
PENALTY is defined as the suffering inflicted
by the state against an offending member for the
transgression of law.
1870 to 1880 – GOLDEN AGE OF PENOLOGY
because of its significant events.
Juridical Conditions of Penalty

Punishment must be:
1. Productive of suffering – without however
affecting the integrity of the human
personality.
2. Commensurate with the offense – different
crimes must be punished with different
penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to
be punished, no proxy.
4. Legal – the consequence must be in
accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of
offenders and become law-abiding citizens.
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life
imprisonment, a term of 20-40 yrs
imprisonment
3. Reclusion Temporal – 12 yrs and 1 day
to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12
years
5. Prision Correctional – 6 months and 1
day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6
months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary
on the part of the court.
PRESCRIPTION OF PENALTY:
20 Years – Reclusion Perpetua & Temporal
15 Years – Afflictive Penalties
10 years – Correctional Penalties
5 years – Arresto Minor
1 Year – Crime of Libel
6 Months – Oral defamation and Slander by deed
2 Months – Light Offense
HABITUAL DELIQUENCY - if within a period of ten
years from the date of his release or last conviction
of the crimes of robo, hurto, estafa, or falsification,
he is found guilty of any of said crimes a third time
or oftener.
REITERACION - That the offender has been
previously punished by an offense to which the law
attaches an equal or greater penalty or for two or
more crimes to which it attaches a lighter penalty
RECIDIVIST - one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same
title of this Code
QUASI-RECIDIVIST - Quasi-recidivism is a special
aggravating circumstance where a person, after
having been convicted by final judgment, shall
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
commit a new felony before beginning to serve such
sentence, or while serving the same
The modern Period of Correction
Modern Penal Management incorporates
general principles of treating offenders that are
based on humane practices such as the following:
1. Jail or Prison rules shall be applied
impartially without discrimination on ground
of race, color, language, religion or other
opinion, national or social origin, property,
birth or other status.
2. The religious beliefs and moral precepts not
contrary to law, which a prisoner holds, must
be respected.
3. Prison or Jail rules and regulations shall be
applied with firmness but tempered with
understanding.
4. Custodial force shall, at all times, conduct
themselves as good examples.
5. Abusive or indecent language to prisoners
shall not be used.
6. Special care towards inmates shall be
practiced preventing humiliation or
degradation.
7. No use of force must be made by any of the
custodial force, except in self-defense or
attempt to escape or in case of passive
physical resistance to a lawful order.
8. Custodial force shall bear in mind that
prisoners are sick people who need
treatment.
THE PHILIPPINE PRISON SYSTEM
RA 6975 - Sec. 60 to 65, created the BJMP.
RA 10575 - The Bureau of Corrections Act of 2013.
Three major government functionaries involved
in the Philippine
correctional system:
1. DOJ
2. DILG
3. DSWD
DOJ - supervises the national penitentiaries through
the Bureau of Corrections, administers the parole
and probation system through the Parole and
Probation Administration, and
assists the President in the grant of executive
clemency through the Board of Pardons and Parole.
DILG - supervises the provincial, district, city and
municipal jails through the provincial governments
and the Bureau of Jail Management and Penology,
respectively.
DSWD - supervises the regional rehabilitation
centers for youth offenders through the Bureau of

Child and Youth Welfare.
I. Bureau of Corrections
Bureau of Prisons was renamed Bureau of
Corrections under Executive Order 292 passed
during the Aquino Administration. It states that the
head of the Bureau of Corrections is the Director of
Prisons who is appointed by the President of the
Philippines with the confirmation of the Commission
of Appointments. The Bureau of Corrections has
general supervision and control of all national
prisons or penitentiaries. It is charged with the
safekeeping of all Insular Prisoners confined therein
or committed to the custody of the Bureau.
Coverage of the Bureau of Corrections
a. National Bilibid Prisons (Muntinlupa, Rizal)
1. New Bilibid Prisons (Main Building)
 552 hectares – Maximum security unit
2. Camp Sampaguita
 RDC, Medium Security Unit and Youth
Rehabilitation Center is Located.
3. Camp Bukang Liwayway
 Houses 1500 Minimum Security prisoners
who work in various projects for the
institution
Note:
Old Bilibid Prison (Carcel y Presidio
Correccional) – also known as Mayhalique estate;
established on 25 June 1865 via royal decree. Now
as Manila City Jail.
Commonwealth Act No. 67 - a new prison was built
in Muntinlupa on 551 hectares (1,360 acres) of land
at an area considered at that time to be "remote".
Construction began on New Bilibid in 1936 with a
budget of One million pesos.
b. Reception and Diagnostic Center (RDC)
- renamed DIRECTORATE FOR RECEPTION AND
DIAGNOSTICS (DRD) by R.A 10575 Sec. 5,
Paragraph “b”
c. Correctional Institution for Women
(Mandaluyong)
 8 Hectares
 Situated 1st at Old Bilibid Prison, due to
complicated scenario they were transferred.
 Republic Act No. 3579 in November 27,
1929
 Dressmaking, beauty culture, handicrafts,
cloth weaving and slipper making.
d. The Penal Colonies:
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
1. Sablayan Penal Colony and Farm (Occ.
Mindoro)
 16,408.5 Hectares
 September 27, 1954 – issued
Proclamation No. 72
 Youngest and fastest growing colony
under the BUCOR
 Rice – principal product
2. Iwahig Penal Colony and Farm (Palawan)
 45,385 Hectares (Ha)
 November 16, 1904
 LT. GEORGE WOLFE – first prison
Director; former US Expeditionary Force
 GOV. LUKE E. WRIGHT – established the
institution for incorrigible criminals
 Reorganization Act of 1407 – changed
the policy of having incorrigible into well-
behaved criminals.
 One of the best open institution in the
World.
 Sub-colonies (4):
o Sta. Lucia Sub-colony- 9685 Ha
o Inagawan Sub-colony- 13000 Ha
o Montible Sub-colony- 8000 Ha
o Central Sub-colony- 14000 Ha
 Tagumpay Settlement – distributed to
released inmates who desire to live in the
settlement
3. Davao Penal Colony and Farm (Central
Davao)
 30,000 Hectares with a prison reservation
of 8,000 hectares
 General Paulino Santos – 1st Penal
Superintendent
 GOV. 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
 Sub-colonies:
1. Panabo Sub-colony
2. Kapalong Sub-colony
 Tanglaw Settlement – released inmates
relocated homesteaders
4. San Ramon Penal Colony and Farm
(Zamboanga)
 1,524.6 Hectares

 August 21,1870 through a royal decree
promulgated in 1869
 GOV. GENERAL RAMON BLANCO
(whose patron saint the prison was named
after)
5. Ilo-Ilo Penal Colony and Farm (Ilo-Ilo
Province)
6. Leyte Regional Prison (Abuyog, Leyte)
 861 Hectares
 was established a year after the declaration
of martial law in 1972 by virtue of
Presidential Decree No. 28
 Has an inmate capacity of 500.
PRISON Defined:
o A penitentiary, an institution for the
imprisonment (incarceration) of persons
convicted of major/ serious crimes.
o A building, usually with cells, or other places
established for the purpose of taking safe
custody or confinement of criminals.
o A place of confinement for those for those
charged with or convicted of offenses against
the laws of the land.
WHO IS A PRISONER?
o A prisoner is a person who is under the
custody of lawful authority. A person, who by
reason of his criminal sentence or by a
decision issued by a court, may be deprived
of his liberty or freedom.
o A prisoner is any person detained/confined in
jail or prison for the commission of a criminal
offense or convicted and serving in a penal
institution.
o A person committed to jail or prison by a
competent authority for any of the following
reasons: To serve a sentence after
conviction – Trial – Investigation –
General Classification of Prisoners
1. Detention Prisoners – those detained for
investigation, preliminary hearing, or
awaiting trial. A detainee in a lock up jail.
They are prisoners under the jurisdiction of
Courts.
2. Sentenced Prisoners – offenders who are
committed to the jail or prison in order to
serve their sentence after final conviction by
a competent court. They are prisoners under
the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping –
includes non-criminal offenders who are
detained in order to protect the community
against their harmful behavior. Ex. Mentally
deranged individuals, insane person.
Classification of Sentenced Prisoners:
1. Insular or National Prisoners
8
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
o Those sentenced to suffer a term of sentence
of 3 years and 1 day to life imprisonment.
o Those sentenced to suffer a term of
imprisonment cited above but appealed the
judgement and unable to file a bond for their
temporary liberty.
2. Provincial Prisoners
o Those persons sentenced to suffer a term of
imprisonment from 6 months and 1 day to 3
years or a fine not more than 1,000 pesos, or
both; or
o Those detained therein waiting for
preliminary investigation of their cases
cognizable by the RTC.
3. City Prisoners
o Those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a fine
of not more than 1,000 pesos or both.
o Those detained therein whose cases are
filed with the MTC.
o Those detained therein whose cases are
cognizable by the RTC and under
Preliminary Investigation.
4. Municipal Prisoners
o Those confined in Municipal jails to serve an
imprisonment from 1 day to 6 months.
o Those detained therein whose trials of their
cases are pending with the MTC.
Classification of Prisoners According to Degree
of Security:
1. Super Maximum Security Prisoners
o A special group of prisoners composed of
incorrigible, intractable, and highly
dangerous persons who are the source of
constant disturbances even in a maximum
security prison.
o They wear orange color of uniform.
2. Maximum Security Prisoners
o The group of prisoners whose escape could
be dangerous to the public or to the security
of the state.
o It consist of constant troublemakers but not
as dangerous as the super maximum-
security prisoners. Their movements are
restricted and they are not allowed to work
outside the institution but rather assigned to
industrial shops with in the prison compound.
o They are confined at the Maximum Security
Prison (NBP Main Building), they wear
orange color of uniform.
o Prisoners includes those sentenced to serve
sentence 20 years or more, or those whose
sentenced are under the review of the
Supreme Court, and offenders who are
criminally insane having severe personality
or emotional disorders that make them
dangerous to fellow offenders or staff
members.
3. Medium Security Prisoners

o Those who can not be trusted in open
conditions and pose lesser danger than
maximum-security prisoners in case they
escape.
o It consist of groups of prisoners who maybe
allowed to work outside the fence or walls of
the penal institution under guards or with
escorts.
o They occupy the Medium Security Prison
(Camp Sampaguita) and they wear blue
color of uniforms. Generally, they are
employed as agricultural workers.
o It includes prisoners whose minimum
sentence is less than 20 years and life-
sentenced prisoners who served at least 10
years inside a maximum security prison.
4. Minimum Security Prisoners
o A group of prisoners who can be reasonably
trusted to serve sentence under “open
conditions”.
o This group includes prisoners who can be
trusted to report to their work assignments
without the presence of guards.
o They occupy the Minimum Security Prison
(Camp Bukang Liwayway) and wear brown
color uniforms.
WHAT IS A JAIL?
o is a place for locking-up of persons who are
convicted of minor offenses or felonies who
are to serve a short sentences imposed upon
them by a competent court, or for
confinement of persons who are awaiting
trial or investigation of their cases.
Types of Jails:
1. Lock-up Jails
o is a security facility, common to police
stations, used for temporary confinement of
an individual held for investigation.
2. Ordinary Jails
o is the type of jail commonly used to detain a
convicted criminal offender to serve
sentence less than three years.
3. Workhouses, Jail Farms or Camp
o a facility that houses minimum custody
offenders who are serving short sentences or
those who are undergoing constructive work
programs. It provides full employment of
prisoners, remedial services and
constructive leisure time activities.
II. Provincial Jails
o Provincial Jails in the Philippines are not
under the jurisdiction of the Bureau of
Corrections. They are managed and
controlled by the provincial government.
III. Bureau of Jail Management and Penology
(BJMP)
o The BJMP exercises supervision and control
over all cities and municipal jails throughout
the country. The enactment of Republic Act
9
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
no. 6975 created the BJMP. It operates as a
line bureau under the Department of the
Interior and Local Government (DILG).
Mission of the BJMP
o The Jail Bureau shall direct, supervise and
control the administration and operation of all
district, city and municipal jails to effect a
better system of jail Management
nationwide.
Objectives of the BJMP:
1. To improve the living conditions of the
offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of
offenders in preparation for their eventual
reintegration into the mainstream of society
upon their release.
3. To professionalize jail services.
Principles of the BJMP:
1. It is the obligation of jail authorities to confine
offenders safely and provide rehabilitative
programs that will negate criminal
tendencies and restore their positive values
to make them productive and law abiding
citizens.
2. No procedure or system of correction shall
deprive any offender of hope for his ultimate
return to the fold of the law and full
membership in society.
3. Unless provided otherwise, any person
accused of a criminal offense shall be
presumed innocent and his rights, as a free
citizen shall be respected, except for such
indispensable restraints during his
confinement in the interest of justice and
public safety.
4. Offenders are human beings entitled to the
same basic rights and privileges enjoyed by
citizens in a free society, except that the
exercise of these rights are limited or
controlled for security reasons.
5. Health preservation and prompt treatment of
illness or injury is a basic right of every
person confined in jail and it is the duty of jail
facilities to arrange for their treatment subject
to security measures.
6. Members of the custodial force shall set
themselves as examples by performing their
duties in accordance with the rules and
respect the laws duly constituted by
authorities.
7. No jail personnel shall be abusive, insulting,
indecent languages on the offenders.
8. No jail personnel shall use unnecessary
force on offenders except for legitimate self-
defense or in cases of attempted active and
passive physical resistance to a lawful order.
 PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF

9. No penalty shall be imposed upon any The Bureau shall be headed by a chief with
offender for violation of rules/regulations the rank of Director, and assisted by a Deputy Chief
unless in accordance with duly approved with the Rank of Chief Superintendent.
disciplinary procedures. The Central Office is the Command and Staff
10. Penalties to be imposed shall not be cruel, HQ of the Jail Bureau composed of 3 Command
inhuman, or degrading, and no physical Groups, 6 Coordinating Staff Divisions, 6 Special
punishment shall be employed as a Staff Groups and 6 Personal Staff Groups namely:
correctional measure.
11. Members of the custodial force must 1. Command Group
understand that offenders need treatment - Chief, BJMP
and counseling and the primary purpose of - Deputy C/BJMP
confinement is for safekeeping and - Chief of Staff
rehabilitation. 2. Coordinating Staff Groups
12. When conducting routinary custodial - Administrative Division
guarding, the ratio of 1:7, or one guard for - Operations Division
every 7 offenders shall be observed. - Logistics Division
13. When the offender is in transit, the ratio of - Finance Management Division
1:1+1 for every offender shall be observed. - Research Plans and Programs
In case of high-risk offender that demands - Inspection and Investigation
extra precaution additional guards shall be 3. Special Staff Groups
employed. This manning level shall be - General Services Unit
national in scope for effective jail - Health Services Unit
administration. - Chaplain Services Unit
- Community Services Unit
Powers, Functions and Organization of the - Finance Services Unit
BJMP - Hearing Office
4. Personal Staff Groups
A. Powers: - Aide-de-Camp
o The Bureau shall exercise supervision and - Intelligence Office
control over all districts, city and municipal - Public Information Office
jails to ensure a secured, clean, sanitary and - Legal Office
adequately equipped jail for the custody and - Adjudication Office
safekeeping of city and municipal prisoners, - Internal Audit
any fugitive from justice or persons detained
awaiting investigation or trial and/or transfer Regional Office:
to the National Penitentiary, and any violent, o At the Regional Level, each Region shall
mentally ill person who endangers himself or have a designated Assistant regional
the safety of others. Director for Jail management and Penology.

B. Functions: Provincial Level:

Inline with its mission, the Bureau endeavors
to perform the following:
1. Formulate policies and guidelines on the
administration of all districts, city and
municipal jails nationwide;
2. Formulate and implement policies for the
programs of correction, rehabilitation and
treatment of offenders;
3. Plan the program funds for the subsistence
allowance of offenders;
4. Conduct researches, develop and implement
plans and programs for the improvement of
jail services throughout the country.
o In the Provincial Level, there shall be
designated a Provincial Jail Administrator to
perform the same functions as the ARDs
province wide.
District Office:
o In the District Level, where there are large
cities and municipalities, a district jail with
subordinate jails, headed by a District
warden may be established as necessary.
City and Municipal Office:
o In the City and Municipal level, a city or
municipal Warden shall head each jail.

C. Organization and Key Positions in the BJMP: Rank Classification of the BJMP:
The BJMP, also referred to as the Jail
Bureau, was created pursuant to Section 60, R.A. RANK POSITION/TITLE APPOINTING
no. 6975, and initially consisting of uniformed AUTHORITY
officers and members of the Jail management and Director Chief of the BJMP
Penology service as constituted under P.D. no. 765. Secretary of DILG
C/ Supt. Deputy C/BJMP
same

10
 PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF

Sn. Supt. Asst. Regional Dir. same  Take charge of all financial matters such as
Supt. Asst. Regional Dir. same budgeting, financing, accounting, and
Chief Insp. Warden Under auditing.
Secretary 5. Mess Service Branch
Sn. Insp. Warden  Take charge of the preparation of the daily
same menu, prepares and cook the food and serve
Inspector Warden it to inmates.
same 6. General Service Branch
JO1-SJO 4 Jail Guards Chief of the  Responsible for the maintenance and repair
BJMP of jail facilities and equipment. It is also task
with the cleanliness and beautification of the
jail compound.
Duties and Responsibilities: 7. Mittimus Computing Branch
 Tasked to receive court decisions and
A. WARDEN compute the date of the full completion of the
o Direction, Coordination, and Control of the service of sentence of inmates.
Jail Mittimus
o Responsible for the:  is a warrant issued by a court directing the
* Security, safety, discipline and well-being of jail or prison authorities to receive the
inmates convicted offender for the service of
The office of the warden may organize the following sentence imposed therein or for detention.
units:
D. SECURITY GROUPS:
1. Intelligence and Investigation Team o The security groups provides a system of
o It gathers, collates and submits intelligence sound custody, security and control of
information to the office of the warden on inmates and their movements and also
matter regarding the jail condition. responsible to enforce prison or jail
2. Jail Inspectorate Section discipline.
o Inspect jail facilities, personnel, and 1. Escort Platoon
prisoners and submit reports to the warden. a) Escort Section – to escort inmate upon order
of any judicial body; upon summon of a court;
3. Public Relation Office or transfer to other penal institutions.
o Maintain public relation to obtain the b) Subpoena Section – receives and distribute
necessary and adequate public support. court summons,notices, subpoenas, etc.
2. Security Platoon
B. ASSISTANCE WARDEN o a three (3) working platoon shifts responsible
o The office of the Assistant Warden for over all security of the jail compound
undertakes the development of a systematic including gates, guard posts and towers.
process of treatment. They are also responsible for the admitting
o Chairman of the Classification Board and and releasing unit.
Disciplinary Board.
E. REHABILITATION PURPOSES GROUPS:
C. ADMINISTRATIVE GROUPS o This group provides services and assistance
 The administrative groups take charge of all to prisoners and their families to enable them
administrative functions of the jail bureau. to solve their individual needs and problems
1. Personnel Management Branch arising from the prisoners’ confinement.
 Assignment of personnel 1. Medical and Health Services Branch
 Procedures of selection  Provides medical and physical examinations
 Preparation of personnel reports of inmates upon confinement, treatment of
 Individual record file sick inmates and conduct medical and
2. Records and Statistics Branch physical examinations and provide
 Keep and maintain booking sheets and medicines or recommends for the
arrest reports hospitalization of seriously ill prisoners or
 Keep an orderly record of fingerprints and inmates. It also conducts psychiatric and
photographs psychological examinations.
 Present/ Prepare statistical data of inmates 2. Work and Education Therapy Services
3. Property and Supply Branch  It take charge of the job and educational
 Take charge of the safekeeping of programs needed for rehabilitation of
equipments and supplies and materials inmates by providing them job incentives so
needed for the operation of the jail. they can earn and provide support for their
4. Budget and Finance Branch families while in jail.
3. Socio- Cultural Services

11

 It takes care of the social case work study of
the individual prisoners by making
interviews, home visits, referral to community
resources, free legal services, and liaison
works for the inmates.
4. Chaplaincy Services
 It takes charge of the religious and moral
upliftment of the inmates through religious
services. This branch caters to all religious
sects.
5. Guidance and Counseling Services
 Responsible for the individual and group
counseling activities to help inmates solve
their individual problems and to help them
lead a wholesome and constructive life.
THE RECEPTION AND DIAGNOSTIC CENTER
(RDC)
This is a special unit of prison (Camp
Sampaguita) where new prisoners undergo
diagnostic examination, study and observation for
the purpose of determining the programs of
treatment and training best suited to their needs and
the institution to which they should be transferred.
It is composed of the following staff members:
1. The Psychiatrist – responsible in the
examination of the prisoner’s mental and
emotional make-up.
2. The Psychologist – responsible to conduct
study on the character and behavior of the
prisoners.
3. The Sociologist – study the social case
situation of the individual prisoner.
4. The Educational Counselor – conducts
orientation classes in order to change inmates’
attitude towards education and recommends
educational program for the prisoner.
5. The Vocational Counselor – to test the
prisoner’s special abilities, interest and skills and
recommends for the vocational course best
suited to the prisoner.
6. The Chaplain – encourage the prisoner to
participate in religious activities.
7. The Medical Officer – conducts physical
examination and recommends medical
treatment of prisoners.
8. Custodial-Correctional Officer – recommends
the transfer and type of custody of inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section
of the RDC where the prisoner is given thorough
physical examination including blood test, x-rays,
vaccinations and immunity. This is for the purpose of
insuring that the prisoner is not suffering from any
contagious disease, which might be transferred to
the prison population.
ADMISSION PROCEDURES IN PRISON
1. RECEIVING
o the new prisoner is received at the RDC. The
new prisoner usually comes from a provincial
12
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
or city jail where he was immediately
committed upon conviction by the court, and
escorted by the escort platoon during his
transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS
o the receiving officer checks the commitment
papers if they are in order. That is, if they
contain the signature of the judge or the
signature of the clerk of court, and the seal of
the court.
3. IDENTIFICATION
o the prisoner’s identity is established through
the picture and fingerprint appearing in the
commitment order. This is to insure that the
person being committed is the same as the
person being named in the commitment
order.
4. SEARCHING
o this step involves the frisking of the prisoner
and searching his personal things. Weapons
and other items classified as contraband are
confiscated and deposited to the property
custodian. Other properties are deposited
with the trust fund officer under recording and
receipts.
5. BRIEFING AND ORIENTATION
o Prisoner will be brief and oriented on the
rules and regulations of the prison before he
will be assigned to the RDC or the quarantine
unit.
THE TREATMNENT PROGRAMS
A. The Institutionalized Treatment Programs
1. Prison Education – the cornerstone of
rehabilitation. It is the process or result of formal
training in school or classrooms intended to shape
the mind and attitude of prisoners towards good
living upon their release.
2. Work Programs – these are programs conducive
to change behavior in morale by training prisoners
for a useful occupation. It is purposely to eliminate
idleness on the part of prisoners, which may
contribute to “Prison stupor”, and it affects the
incidence of Prison riot.
3. Religious Services in Prison - The purpose of
this program is to change the attitudes of inmates by
inculcating religious values or belief.
4. Recreational Programs - The only program that
is conducted during free time schedule.
5. Medical and Health Services - Medical and
health services includes: Mental and physical
examination - Diagnosis and treatment –
Immunization – Sanitary - inspections - Participation
in training
6. Counseling and Casework
SECTION 9. PUNISHABLE ACTS
An inmate is strictly prohibited from committing any
of the following acts:
A. Minor Offenses

1. Selling or bartering with fellow inmate (s) those
items are not classified as contraband
2. Rendering personal service to fellow inmates;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness and
orderliness in his / her quarters and / or
surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints on
behalf of other inmates;
7. Late in formation during inmate headcount without
justifiable reason; and,
8. Willful waste of food.
B. LESS GRAVE OFFENSES
1. Failure to report for work detail of sentenced
inmates without sufficient justification;
2. Failure to render assistance to an injured
personnel or inmate;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during
religious, social and other group functions;
5. Swearing, cursing or using profane or defamatory
language directed at other persons;
6. Malingering or pretending to be sick to escape
work assignment;
7. Spreading rumors or malicious intrigues to
besmirch the honor of any person, particularly BMJP
personnel;
8. Failure to stand at attention and give due respect
when confronted by or reporting to any BJMP
personnel;
9. Forcing fellow inmates to render personal service
for him / her and / or to others;
10. Exchanging uniforms or wearing clothes other
than those issued to him / her for the purpose of
circumventing jail rules;
11. Loitering or being in an authorized place;
12. Using the telephone without authority from the
Desk Officer / Warden
13. Writing, defacing, or drawing on walls, floors or
any furniture or equipment;
14. Withholding information which may be inimical or
prejudicial to the jail administration;
15. Possession of lewd or pornographic literature
and / or photographs;
16. Absence from cell, brigade, place of work during
headcount, or at any time without justifiable reason
and;
17. Failure to turn over any implement / article issued
after work detail
C. GRAVE OFFENSES
1. Making untruthful statements or lies in any official
communication, transaction, or investigation.
2. Keeping on concealing keys or locks of places in
the jail which are off-limits to inmates;
3. Giving gifts, selling, or bartering with jail personnel
4. Keeping in his her possession money, jewelry,
cellular phones or other communication devices and
other items classified as contraband under the rules;
13
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
5. Tattooing others or allowing him / her to be
tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing;
6. Forcibly taking or extorting money from fellow
inmates and visitors;
7. Punishing or inflicting injury or any harm upon him
/ herself or other inmates
8. Receiving, keeping, taking or drinking liquor and
prohibited drugs;
9. Making, improvising or keeping any kind of deadly
weapon;
10. Concealing or withholding information on plans
of attempted escapes;
11. Unruly conduct and flagrant disregard or
discipline and instructions;
12. Escaping, attempting or planning to escape from
the institution or from any guard;
13. Helping, aiding or abetting others to escape;
14. Fighting, causing any disturbance or
participating therein and / or agitating to cause such
disturbance or riot;
15. Indecent, immoral or lascivious acts by him / her
or others and / or allowing him / herself to be the
subject to such indecent, immoral or lascivious acts;
16. Willful disobedience to a lawful order issued by
any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government property or
equipment;
19. Participating in kangaroo court, an unauthorized
or irregular court conducted with disregard for or
perversion of legal procedures as a mock by the
inmates in a jail / prison.
20. Affiliating with any gang or faction whose main
purpose is to foment regionalism or to segregate
themselves from others;
21. Failing to inform the authorities concerned when
afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc;
22. Engaging in gambling or any game of chance;
23. Committing any act which is an violation of any
law or ordinance, in which case, he / she shall be
prosecuted criminally in accordance with law and;
24. Committing any act prejudicial to good order and
discipline.
NON-INSTITUTIONAL CORRECTION
- Community-Based Correction
Program
HISTORY:
o Benefits of Clergy
- 13th century, a compromise between the
church and the King
o Judicial Reprieve

- This is temporary suspension of the execution
of sentence by the judge either before or after
judgment.
- Early in the 17th century, with the
establishment of settlements in America, English
courts began to grant reprieves to prisoners
under sentence of death on condition that they
accept deportation
o Recognizance or “binding over for good
behavior”
- This involves an obligation or promise under
oath that the accused must “keep the peace”
and “be of good behavior”.
- Sureties or bail were usually required.
- Usually applied to any felony not capital.
- Led to the development of the first British
Probation Service.
o Transportation
- The sending or putting away of an offender to
another colony. It was an attempt to substitute
for brutal punishment at home an opportunity for
rehabilitation in a new country.
PERSONALITIES/TIME/DATES:
JOHN AUGUSTUS - Boston shoemaker who is
considered as the “Father of Probation in USA”
- The first volunteer probation who in 1841
secured the release of a drunkard at Boston
court by acting as surety. The offender
turned to be a “sober, industrious citizen”
under his care.
MATTHEW DAVENPORT HILL - considered the
“Father of probation in England”
MASSACHUSETTS - the first State where the first
practical demonstration of probation, the first use of
the term as a court service and the enactment of the
first probation law occurred.
April 26, 1878 - signing of the first probation law by
Governor Alexander H. Rice of the State of
Massachusetts. The Law provided for the
appointment and prescribed the duties of a salaried
probation officer.
JOHN SAVAGE - first paid and official probation
officer.
HISTORY OF PROBATION IN THE PHILIPPINES
August 7, 1935 – the Philippine Legislature enacted
the Probation Act (Act No. 4221) creating a
Probation Office under the DOJ, led by a Chief
Probation Officer appointed by the American
Governor-General with the advice and consent of
the United State Senate.
- This law provided probation for first
offenders 18 years of age and above convicted of
certain crimes.
14
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
- it stayed only for two years
People vs. Vera – it challenged the constitutionality
of Act 4221 on three grounds:
1. encroaches the pardoning power of
the chief Executive;
2. it constitutes an undue delegation
of legislative power; and
3. it denies the equal protection of the
laws.
November 16, 1937
- the Philippine Supreme Court (People vs. Vera, 37
O.G. 164) declared it as unconstitutional. It ruled that
said law contravened the “equal protection of the law
clause” as it surrendered to provincial boards of
each province the power to appropriate or not, funds
for the establishment of provincial probation courts.
House Bill No. 393
– filed by Teudolo C. Natividad and Ramon
Bagatsing. This is the second Bill/measure that
attempts to establish an adult probation in the
Philippines. It was passed in the lower house but
pending in the senate when martial law was
proclaimed.
The present probation law:
Presidential Decree 968
– Probation Law of 1976
- This was signed into law by then President
Ferdinand Marcos on July 24, 1976 during the last
day of the first national conference on Crime Control
held at Camp Aguinaldo.
January 3, 1978 – effectivity of the application of the
substantive provisions concerning grant of
probation.
Teudolo C. Natividad – former NAPOLCOM
commissioner and former Congressman of Bulacan.
- Known as the “father” of Probation in the
Philippines.
Section 32, RA 6425 (Dangerous Drug Act of
1972) Probation is granted to drug addicts
Forms of Community-Based Programs
1. PROBATION
o It is a disposition whereby a defendant, after
conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
released subject to the conditions imposed by
the releasing court and under the supervision of
a probation officer.
o Probation is a substitute for imprisonment, the
probationer is compared to an out-patient, a sick
person who does not need to be hospitalized
because his illness is considered less serious.
Probationer – a person placed on probation

Absconding probationer – a person whose
probation was granted but failed to report for
supervision or fails to continue reporting for
supervision or whose whereabouts are unknown for
a reasonable period of time.
Probation officer – one who investigates for the
court a referral for probation or one who supervises
a probationer or both.
Petitioner – an accused or defendant who files a
formal petition for probation
Procedures in Applying for Probation:
1. The offender or his counsel files a petition with the
convicting court
2. The court determines convict qualifications and
notifies the prosecutor of the filing of the petition
3. The prosecutor submits his comments on such
application within 10 days from receipt of the
notification
4. If petitioner is qualified, his application is referred
to the probation officer for post-sentence
investigation
5. The post-sentence investigation report (PSIR) is
submitted by the probation officer to the court within
60 days
6. The court grants or denies the petition for
probation within 15 days upon receipt of the
PSIR.
Is there a need to apply for probation to avail of
its benefits?
- Yes, it will not be granted except upon the
application by the accused. The necessity for such
application is indicated in Sec. 4, PD 968, which
states that “the trial court may, after it shall have
convicted and sentenced a defendant and upon
application by said defendant within the period of
perfecting an appeal.
When can a petitioner file his application for
probation?
- the law says that the application should be
made within the period for perfecting an appeal or
within 15 days from the promulgation of notice of
judgment.
Is there a form prescribed for the application for
probation?
- Yes, it shall be in the form approved be the
Secretary of justice as recommended by the
Administrator or as may be prescribed by the SC.
Where can we file the application for probation?
-The application for probation be filed directly
to the trial court that heard and sentenced the person
applying for probation.
What then be the duty of the court after receipt
of the application?
- the trial court may notify the concerned
prosecuting officer of the application at a reasonable
time before the scheduled hearing thereof.
15
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
Effects of filing an application for Probation
a) the court may, upon receipt of the application
suspend the execution of sentence imposed in
judgment;
b) Pending the submission of the PSIR and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail, on a new
bail, or released on recognizance.
Disqualifications for Probation
a. Those who were sentenced to more than 6 years
b. Those who were convicted of crimes against the
security of the state (Art. 134 to 157 except 135, 140
and 152 of the RPC)
c. Those previously convicted and punished of not
less than 1 month and 1 day imprisonment and/or
fine of not less than 200 pesos (include those
punished with destierro)
d. Those who were previously granted probation
under P.D. 968
e. Those who were already serving their sentence
when probation became applicable
The Court will not grant Probation if it finds:
a. The offender can be treated better in a mental
institution or other places for correction
b. The offender is a risk to the community
c. The offense is grievous to the eyes of the
community
When Probation is granted, what conditions are
imposed by the court?
a. The probationer must present himself to his
probation officer within 72 hours
b. Report to his probation officer at least once a
month
c. Not to commit another crime
d. Comply with any other lawful conditions imposed
by the court.
If the probationer committed a crime while under
probation, what would be the consequences?
a. The probationer will be arrested for violation of the
condition of probation
b. Prosecution of the new crime committed
c. The court will order the serving of the original
sentence of the previous offense
How long is the period of probation?
a. Not more than 2 years if the sentence is
imprisonment for 1 year or less
b. Not more than 6 years if the sentence is
imprisonment for more than 1 year but not more than
6 years.
Note: Probation starts upon issuance of the court
granting probation.
When should probation be denied?
a. The offender is in need of correctional treatment
that can be provided more effectively by his
commitment to an institution

b. There is undue risk that during the period of
probation the offender will commit another crime
c. Probation will depreciate the seriousness of the
offense.
The offender may be released pending
application for probation:
a. On the same bond he filed during trial
b. On a new bond
c. To the custody of a responsible member of the
community if unable to file bond
When can the Court Modify the Conditions for
Probation?
a. at any time during supervision
b. after summary hearing when the probationer
violated any of its conditions
c. upon application by the probation officer or the
probationer himself
Note: only the judge who heard and decided the
case has the power to grant, deny, modify, revoke
and terminate probation.
OUTSIDE TRAVEL
1. Probation officer authorized the probationer to
travel outside the area of the operation for a period
of 10 days but not exceeding 30 days.
2. If 30 days, Probation must file 5 days before
travel a request to travel outside for the approval of
Probation authorities.
3. If more than 30 days Probation Authorities shall
recommend for Court Approval.
CHANGE OF RESIDENCE
1. The probationer must file a request for change of
residence at the city or provincial Parole and
Probation officer to the court approval.
2. If approved, The RTC which has jurisdiction over
the place shall have full control of the
probationer.
Who is a VOLUNTEER PROBATION AIDE?
- he/she is a civilian of good repute and
integrity, at least 18 years of age, appointed by the
Probation Administration to assists the PO’s in
investigation and supervision. A VPA is not entitled
to salary but is given a reasonable travel allowance.
Termination of Probation:
after the probationer has satisfactorily
completed the probation period, the Probation
Officer shall submit termination report to the court
containing the ff:
a. condition of probation
b. program of supervision and response
to treatment
c. recommendation
Two ways of terminating probation:
1. after period of probation with satisfactory
compliance with conditions of probation.
2. Other ways of terminating probation
16
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
a. termination before the expiration of the
period (served at least 1/3 of the imposed period but
not less than 6 months)
b. termination by pardon of the probationer
(either absolute or conditional)
c. Deportation of the probationer – when an
alien on probation is deported, probation will
necessary be terminated.
d. Death of probationer.
Rights Restored after Termination of Probation
a. All civil rights suspended when the
offended was convicted and sentenced are restored
after the termination of probation
b. liability to pay a fine is also discharged IN
CASE OF SUBSIDIARY IMPRISONMENT
How Can Probation help in the Prevention of
Crime?
- When in the community, he is helped and given
opportunities to be productive and responsible
instead of going to prison
- Hopefully, these situations restrain the probationer
from committing crime
How can Community help in the Success of
Probation?
1. community accepting the probationers, giving
them a feeling of belongingness
2. community agencies and schools are being
opened for the training and treatment of
probationers
3. community leaders and layman allowing the
participation of probationers in developmental
programs
4. religious organizations giving the probationers
spiritual advice and extending their social action
programs to probationers
5. various organizations providing temporary
housing for probationers
6. the community playing an equally important role
after the termination of probation, it should be ready
for the reintegration of the individual into community
life.
Difference of Probation from Imprisonment and
Parole:
1. Probation is an alternative to imprisonment.
Instead of being confined in prison, the probationer
is released to the community by the court with
conditions to follow and is placed under the
supervision of PO.
2. Parole is a conditional release of a prisoner
whereby he is placed under the supervision of
a Parole Officer after serving his minimum sentence.
3. Probation is a community-based approach to
reformation of offenders, while imprisonment adopts
the institutionalized approach.
4. Probation is handled by the Probation
Administration while parole is administered by the
Parole Board
 PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF

5. Probation is enjoyed only once while parole may Pardonee – refer to a person who is released on
be granted more than once, depending on good conditional pardon
behavior during imprisonment. Client – refer to a pardonee/parolee who is place on
6. Probation is more beneficent because it restores supervision
full civil rights to the probationer upon termination Board – refers to the Board of Pardons and
unlike parole. parole
7. Probation is essentially a judicial function (under Administration – refer to the Parole and
the control of the court) while parole is an executive Probation Administration
function (under the Parole Board). Director – refer to the Director of the BuCor
Administrator – refer to the administrator of Parole
NOTES TO REMEMBER: and Probation Administration
P.D. 1257 – participation of the prosecutor in the
determination of the application for probation History of Parole system in the Philippines:
P.D. 76 – the period of punishment which is - it came into existence by the passage of Act
probationable is extended from 6 years and 1 day. 4103 as amended by Acts 4203 and 4225, otherwise
P.D. 1990 – the period of punishment which is known as the Indeterminate Sentence Law, which
probationable is lowered again from 6 years and 1 took effect on Dec. 5, 1933.
day to 6 years or less Board of Pardons and Parole – administers the
E.0.292 (Administrative Code of 1987) – renamed Parole system of the country.
the Probation Administration into Parole and
probation Administration PRISONERS DISQUALIFIED FOR PAROLE:
1. those persons convicted of offenses punished
NATURE OF INFORMATION GATHERED: with reclusion perpetua;
- Strictly CONFIDENTIAL AND PRIVILEGED 2. those convicted of treason, conspiracy or
proposal to commit treason;
NATURE OF POST SENTENCE INVESTIGATION 3. those convicted of misprision of treason, rebellion,
- It is recommendatory in nature and address to sedition or espionage;
the sound discretion of the trial court 4. those convicted of piracy;
5. those who are habitual delinquents;
EFFECTIVITY OF PROBATION 6. those who escaped from confinement or those
- Upon its issuance who evaded sentence;
7. those who were granted conditional pardon and
FINALITY violated any of the terms thereof;
The order of the court granting or denying 8. those whose maximum term of imprisonment
probation SHALL NOT BE APPEALABLE. does not exceed 1 year or are with a definite
sentence;
2. PAROLE 9. those suffering from any mental disorder as
o Parole is the process of suspending the certified by a psychiatric report of the bureau of
sentence of a convict after having served the correction or national center for mental health;
minimum of his sentence without granting him 10. those whose conviction is on appeal;
pardon, and prescribing the terms upon which 11. those who have pending criminal case for an
the sentence shall be suspended. (Cirilo Tradio). offense committed while serving sentence.
o It is a decision by an authority constituted
accordingly by statute to determine the portion of COMPOSITION OF THE BOARD OF PARDON
the sentence, which the inmate can complete AND PAROLE
outside of the institution. It is the status of serving
the remainder of the sentence of a convict in the Chairman - Secretary of the DOJ
community in accordance with the rules and Ex-Officio - Probation Administrator of the Parole
regulations set-up by the Board of Parole. and Probation Administration
(Correctional and Parole Administration). Members:
o Parole is not a reward per se for good a. Sociologist
behavior but rather, it is a follow-up of his b. Clergyman/Educator
institutional program. c. Psychiatrist
o Parole is not claimed as a right but it is d. Person qualified for the work by
granted by the Board as a privilege to a training/experience and a member of the Philippine
qualified prisoner. BAR.

Parole – refer to the conditional release of an The Board of Pardons and Parole (BPP)
offender from a penal institution after he has served o A quasi-judicial body which was created under
the minimum period of his prison sentence. Act no. 4103 otherwise known as the
Parolee - refer to a person who is released on parole Indeterminate Sentence Law or the Parole Law,

17
 PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF

the agency that grants parole to any prisoner
who is qualified to enjoy its benefit.
o It employs the service of Parole Officers in
providing supervision and guidance to parolees.
Who are disqualified for Parole?
1. Those prisoners who are sentenced with
capital punishment or life imprisonment,
2. Those who are convicted of treason,
conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition or
piracy,
3. Habitual Offenders,
4. Those who escaped from confinement or
evaded sentence,
5. Those who have been granted with
conditional pardon but violated the terms and
conditions thereof, and
6. Those prisoners who are serving a maximum
term of imprisonment not exceeding one
year.
3. CONDITIONAL PARDON
o 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.
Distinction of Parole from Probation
 a temporary stay of the execution of
sentence especially the execution of the
Death Sentence. Generally, reprieve is
extended to prisoners sentenced to death.
The date of execution of sentenced is set
back several days to enable the Chief to
study the petition of the condemned man for
commutation of sentenced or pardon.
Pardon
 an act of grace extended to prisoners as a
matter of right, vested to the Chief Executive
(The President) as a matter of power.
Limitations of the Pardoning Power of the
President
The following are the limitations of the pardoning
power of the President:
1) It may not be exercised for offenses in
impeachment cases;
2) It may be exercised only after conviction
by final judgment;
3) It may not be exercised over civil contempt
(as for refusing to answer a proper question as a
witness in a case);
4) In case of violation of election law or rules
and regulations, no pardon, parole, or suspension of
sentence maybe granted;
5) Cannot be exercised to violation of tax
laws.

Parole Probation Two Kinds of Pardon

An administrative It is a judicial function a. Conditional Pardon – a pardon given with
function exercised by the executive requirements attached.
branch of government b. Absolute Pardon – a pardon given without any
condition attached.
Granted to a prisoner Granted to an offender
only after he has Immediately after Can the Offended Party grant Pardon?
served minimum of his conviction in prison - Yes, the offended party can grants pardon.
sentenced
. It is an extension of It is a substitute for Distinction of the pardon by the Offended Party
institutional imprisonment. And Pardon Granted by the President
1. Pardon granted by the Chief Executive
It is granted by the It is granted by the extinguishes the criminal liability of the offender, but
BPP court not in the pardon granted by the offended party.
2. Pardon granted by the Chief Executive does not
. Parolee is supervised Probationer is include civil liability, which the offender must pay,
by a Parole Officer supervised by a while pardon granted by the offended party can
Probation Officer. waive the civil liability, which the offender must pay.
3. Pardon granted by the offended party should be
given before the prosecution of the criminal action,
Forms of Executive Clemencies whereas pardon by the Chief Executive may be
extended to any of the offenders after conviction.
Commutation
 an act of the president changing/ reducing a Distinction between Amnesty and Pardon
heavier sentence to a lighter one or a longer
term into a shorter term. It may alter death Pardon
sentence to life sentence or life sentence to  includes any crime and is exercised
a term of years. It does not forgive the individually by the President.
offender but merely to reduce the penalty  It is exercised when the person is already
pronounced by the court. convicted.
Reprieve  It looks forward and forgives the offender
from the consequences of an offense of

18

which he has been convicted, that is it
abolishes or forgives the punishment.
Amnesty
 a general pardon extended to a class of
persons or community who may be guilty of
political offenses.
 It may be exercised even before trial or
investigation.
 It looks backward and puts into oblivion the
crime that has been committed.
 It is proclamated by the President with the
concurrence of congress.
INSTITUTIONAL CUSTODY, SECURITY AND
CONTROL
I. Diversification: Concept and Importance
 Diversification is an administrative device of
correctional institutions of providing varied
and flexible types of physical plants for the
more effective custody, security and control
of the treatment programs of its diversified
population.
II. The Classification Process
 Classification is a method by which
diagnosis, treatment planning and execution
of the treatment programs are coordinated in
the individual case study. It is a process of
determining the needs and requirement of
prisoners for assigning them to programs
according to their needs and existing
resources.
III. PRISON Security, Custody and Control
Security
 It involves safety measures to maintain the
orderliness and discipline with in the jail or
prison.
Prison Discipline
 is the state of good order and behavior. It
includes maintenance of good standards of
works, sanitation, safety, education, health
and recreation. It aims at self-reliance, self-
control, self-respect and self-discipline.
Preventive Discipline
 is the prompt correction of minor deviations
committed by prisoners before they become
serious violations.
Control
 It involves supervision of prisoners to ensure
punctual and orderly movement from one
place work program or assignment to
another.
Custody
 is the guarding or penal safekeeping, it
involves security measures to insure security
and control within the prison. The Prison
Custodial Division carries it out.
PENAL PROVISIONS ON CORRECTION
19
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
I. Philippine Correctional Philosophies and their
Legal Basis
A. The Philippine Constitution of 1997
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.)
B. The Revised Penal Code
“No felony shall be punishable by any
penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)
C. The Philippine Adult Probation Law (P.D. No.
968)
 one of the major goals of the government is
to established a more enlightened and
humane correctional system that will
promote the reformation of offenders and
thereby reduce the incidence of recidivism.
 the confinement of all offenders in prisons
and other institutions with rehabilitation
programs constitutes an onerous drain on
the financial resources of the country.
 there is a need to provide a less costly
alternative to the imprisonment of the
offenders who are likely to respond to
individualized, community-based treatment
programs.
D. PD No. 603 (Child Probation Law) - was
promulgated to provide for the care and treatment of
youth offenders from the time of apprehension up to
the termination
of the case. Under this law, a youth offender is
defined as a child, minor or youth who is over nine
years but under eighteen years of age at the time of
the commission of the offence.
E. Rules for the Treatment of Prisoners (DOJ,
Jan 7, 1959)
1. The purpose of committing a prisoner to prison is
two-fold:

a) To segregate from society a person who by
his acts has proven himself a danger to the
free community;
b) 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)
II. Penal Provisions
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)
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)
20
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
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.
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
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.
III. Good Conduct Time Allowance (GCTA)
o Good conduct time allowance is a privilege
granted to a prisoner that shall entitle him to
a deduction of his term of imprisonment.
Under Art.97, RPC, the good conduct of any prisoner
in any penal institution shall entitle him to the
following deduction from the period of his sentence:
amended by R.A 10592 – new GCTA
1. During the first two years of his
imprisonment, he shall be allowed a
deduction of 20 days for each month of
good behavior.
2. During the third to the fifth years of his
imprisonment, he shall be allowed a
deduction of 23 days each month of good
behavior.
3. During the following years until the tenth
years of his imprisonment, he shall be
allowed a deduction of 25 days each month
of good behavior.
4. During the eleventh and the successive
years of his imprisonment, he shall be
allowed a deduction of 30 days each month
of good behavior.
SPECIAL TIME ALLOWANCE FOR LOYALTY:
o 1/5 of his period – Deduction during Art. 158
of the RPC; Voluntary Surrender within 48
hrs.
o 2/5 of his period – remain even during the
event of Calamity
COMMUNITY BASED CORRECTIONS
Its Concepts
Community based corrections include all
correctional activities that take place in the
community. Community based Correctional program
embrace any activity in the community directly
addressed to the offender and aimed at helping him
to become a law – abiding citizen. Such a program
maybe under official of private auspices. It may be
administered by correctional agency directly or by
non-correctional service. It may be provided on
direct referral from a correctional agency or on
21
PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
referral from another element of the criminal justice
system such as the police or courts. It may call
changing the offender through some combination of
services, for controlling him by surveillance, or for
reintegrating him into the community by placing him
in a social situation in which he can satisfy his
requirements without law violations. A community-
based program embrace system or any combination
of these process.
Three “Revolutions” in the History of
Corrections
1. Age of Reformation – replace corporal
punishment, exile, and physical disfigurement with
the penitentiary.
2. Age or Rehabilitation – assumed that criminals
were handicapped persons suffering from mental or
emotional deficiencies. Under this, individual
therapy aimed at healing these personal
maladjustment, because the preferred style.
3. Age of Reintegration – society become the
“patient” 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 which regulates his opportunities
to achieve his goals.
DIVERSION
o This is a formally acknowledged and
organized effort to utilized alternative to initial
or continued processing into the justice
system. In terms of processing, diversion
implies halting or suspending formal criminal
proceeding against a person who has
violated a statute, in favor of processing
through a non-criminal disposition or means.
Diversionary tactics are aimed at keeping
people out of the criminal justice system and
particularly out of its institutional
components.
ORIGIN OF DIVERSION
Informal Diversion has occurred since the
birth of the criminal justice system, but with only
unofficial recognition. The wide exercise of
discretion by police officers, particularly in the
diversionary handling of juveniles, is a case in
points. In fact, informal diversion occurs at every
stage of the criminal justice processing. The
prosecuting attorney diverts when he declines to
prosecute prosecutable offenses. The court diverts
when it avoids imposing a more severe disposition,
opting for a lesser or suspended sentences.
Probation is diversion epitomized.
1. Influences which have paved the Way for
Diversion.
a. The insufficiency of the criminal justice
system.

b. The desire of the citizen to become
actively involved in the system’s working.
c. Recognition of the fact that crime is
actually spawned in the community.
2. Other Factors to which Contributed to the
Development of Diversion;
a. The fact that the stigma or incarceration
might be avoided.
b. Professional and economic opportunities
would not be denied to the convicted
person
c. Less serious offenses might be more
appropriately handled by some other
type of agency.
d. Recidivism would be reduced by
lessened opportunity for criminal
contagion which is inevitably present in
the penal institution.
NOTE:
 Diversion should be entertained only for
those offenders whose behavior can be
effectively dealt with in the community for the
more hardened criminals, especially those
who had inflicted a serious degree of injury
or death, or for individuals whose psychotic
or unmanageable behavior acquires the
security of custody, institutionalization is
required.
3. Criteria for Screening person Eligible for
Diversion
a. Relative youth of the offender.
b. Victim’s willingness to forego conviction
c. Mental or emotional impairment for which
treatment is available in the community
d. Crime being significantly related to a
factor, such as employment or family
problems, that can be remedied 1- the
community.
4. Guidelines for Screening
 It is important that the agencies operating
diversion programs clearly spell out the
selection and operational criteria since there
is no standard criterion for diversion yet. The
diversion program should also be
administered by the criminal justice
component directly concerned, such as the
police, the prosecutor, and the courts.
Diversion should not be contemplated where
criminal behavior has not occurred, because
it is alternative mode of handling those who
have violated criminal statute.
5. Advantages of Diversion
a. It contributes to decriminalization by
reducing involvement in institutional
aspects of corrections;
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
b. It will prevent social stigma – Criminal
record is a serious impediment to
rehabilitation.
c. It will prevent collapse of the criminal
justice system. This is because few are
actually prosecuted which may result to
the loss of faith by the citizen in the
system.
d. It offers an alternative to the counter –
productive practice of incarceration –
aside from being costly, prison cannot
check recidivism.
e. It enables the community resources to be
more widely employed in the correctional
behavior.
6. Disadvantages of Diversion
a. Diversion by the court gives a dangerous
degree of discretion to the judiciary since
there are no established guidelines.
b. It could be subverted by individuals in the
system to serve purely personal
objectives.
c. The possibility of screening out serious
offenders instead of the lesser offenders
from whom diversion is more
appropriate.
TYPES OF PRE – TRIAL DIVERSION
a. Dispute – Resolution Programs – Are
mediation programs which seek to help
antagonistic parties resolve their disputes in
face-to-face confrontations as soon after the
act that caused the criminal complaint as
possible. The goals of these programs are:
1. To speed justice to those who have been
involved in minor criminal conduct;
2. To reduce the court backlog;
3. To ease interpersonal tensions in the
community;
4. To provide a form for citizens that will not
interfere with their jobs; and
5. To remove the stigma of an arrest record
for those involved in minor personal
disputes.
b. Deferred Prosecution – Operates in one or
two ways;
1. When an offender is arrested, he or she may
be screened according to a number of pre-
established criteria to determine if the
problem can be handled through a formal
diversionary program; if so, project staff will
explain the program to the accused offender,
and if the offender is willing to participate in
the program, the court will be asked to defer

formal charging. Prosecutors are usually
willing to dismiss the criminal charges for
those offenders who successfully complete
their diversionary programs.
2. Under the second model, formal charges are
lodged before defendants are screened for
their eligibility for diversionary programs. If
the court and the offender agree, criminal
proceedings are suspended pending the
outcome of the findings and conclusions of
the program. A successful solution through
the program ensures that formal charges are
dropped; failure results in formal criminal
charges.
c. Treatment Alternatives to Street Crime
(TASC)
These are designed to divert drug abusers
away from the criminal justice system and into
jurisdiction of agencies offering specialized
support services.
TASC is centered around (1) a screening unit
which attempts to identify the drug users
entering the criminal justice system and to offer
the program to those offenders who are eligible
under locally determined criteria; (2) and intake
unit which diagnose each offender referred to it
and recommends the appropriate treatment
program; (3) and a tracking unit which constantly
monitors the progress of its clients. Those
violating the locally determined success – failure
criteria are returned to the criminal justice
system for appropriate actions.
PRE TRIAL RELEASE
Pre - trial release permits the release of
defendants from jail prior to trial. It offers a series
of options that provides varying levels of
supervision and services and can be offered at
points increasingly? Deeper? Into the criminal
justice system.
FORMS OF PRE – TRIAL RELEASE
Pre – Booking Release
Kinds of Pre – Booking Release
1. Fields Citation – This is discretionary method of
diverting some of the pre-arraignment population
back into the community at the point of arrest, and is
effected by an arresting officer who has the option of
releasing of the spot any misdemeanant who does
not demand to be taken immediately before the
court, and the date of initial hearing is set for at least
five days following the arrest.
2. Station House Citation – Occurs after a police
officer has transported a misdemeanant to a police
station, where the information provided by the
arrested person is verified. It permits the police
officer to make a decision on the basis of valid
information, avoids pre-arraignment, and derives the
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
misdemeanant of less liberty than if she or he is
booked.
Post Booking Release
1. Release on Own Recognizance – is the release
without bail or without supervision where defendant
are put on their honor to report when schedule.
2. Unsecured Bail – Permits release without either
a deposit or bail arranged through a bondsman; and
differs from ROR only in that defendants is obligated
to pay the established fee upon default.
3. Third Party Release – This is one where a
relative, friend, employer, volunteer, or even social
agency is given the responsibility for the defendant/s
appearance in court. If a social agency is given the
responsibility, various conditions, including
supervision, are usually involved.
4. Conditional Release – The defendant generally
must agree to certain conditions in addition to the
court appearance, like remaining with in a defined
geographical area, etc., and is usually associated
with third-party or supervised release, rarely use by
itself.
5. Monitored OR – Recognizance release and
minimal supervision are the components or this
program, where the defendant must keep the pre-
trial release program officer advised of his address
and continued presence in the community by phone
calls that prescribed intervals.
1. Privately Secured Bail – A private organization
provides bail for the indigent defendants who meet
the agency/s eligibility requirements, and provides
services similar to those of a professional
bondsman, but no cost to the bailed.
2. Percentage Bail – is a publicly managed bail
program under which the offender deposits a
percentage of bail amount, usually (10%) percent,
with the court clerk, when defendant appears in
court, ninety percent (90%) of that original ten
percent is refunded.
3. Fully Secured Bail – the defendant his or her
family, or professional bondsmen puts up the
security. Bondsmen may require collateral so that
they take little risk. If a defendant absconds, the
bondsman usually pursues with warrant and brings
the defendant back.
4. Cash Bail – is demanded when the charge is not
serious and the scheduled bail is low.
5. Supervised Release –Involves more frequent
contact with a program officer, including phone calls
and meetings, than monitored OR, usually for the
purpose of enforcing the conditions imposed.

5. Supervised Pre-Trial Work Release – Permits
only partial release, although permitted to participate
in a work release program during the day, the
defendant is this confined in jail.
A. Innovative Programs Introduced in
Corrections
1. Chicago Area Project – founded by Clifford R.
Shaw, is a delinquency prevention programs, and
the first organized program in the U.S. to use
workers to establish direct and personal contact with
the “unreached” boys to help them find their way
back to acceptable norm of conduct. Its procedural
principles are:
a. Development of youth welfare organizations
among residents of delinquency areas;
b. Employment of so-called indigenous workers
whenever possible;
c. Fostering and preservation of the
independence of these group.
2. Cambridge – Somerville Study – was the first
relatively rigorous attempt to test the effectiveness
of individual counseling with troublesome school
boys who were regarded by the teachers as headed
for delinquent careers. The approach was friendly
rather than professional. This consisted in watching
two groups of delinquent boys, one group was to be
let alone, thus serving as a “control” to the other
experimental or “treated” group. The outbreak of war
however, forced to restrict the period of operation of
the study.
3. Synanon House – is a communal, voluntary
setting for drug addicts, which is a private project
devoted to the communal rehabilitation of narcotic
addicts. Former drug addicts live and work together
in a state of total abstinence from drugs.
4. PORT Programs – PORT is an acronym for
probationed Offenders Rehabilitation and Training,
established in Rochester, Minnesota, is a live-in,
community – based, community directed treatment
program for both adults and juveniles. The care of its
treatment program is a combination of group
treatment and behavior modification. The individual
arriving at the institution is launched from the bottom
level of five stage classification system which
proceed from minimal to maximal freedom. (Maximal
freedom is freedom commensurate with that of an
individual of the same age in the community).
FOUR KEY – Citizen Roles in Corrections
1. Correctional Volunteer – Volunteers should be
willing to assume responsibility, more or less
formalized for working directly with offenders.
2. Social Persuaders – This is done by a person of
influence in the dominant social system who is
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PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
willing to persuade others to support corrections and
its program. This is valuable in bidding for legislative
support.
3. Gatekeepers of Opportunity – The custodians
of access to important social institutions such as
employers, school administrators, and welfare
directors must be asked to participate and support
correctional programs.
4. Intimates – peer groups on a non-official basis;
correctional agents could work with community
workers in dealing with traditional peer groups.
B. Basic Principles Underlying the
Philosophy of Community – Based
Corrections
1. All efforts consistent with the safety of
other should be made to reduce
involvement 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 demand
radically new roles for inmates, staff, and
citizens.
C. Significance of Community – Based
Corrections
1. Humanitarian Aspect – to subject
anyone to custodial coercion is to place
him in physical leopard, to narrow
drastically his access to sources of
personal satisfaction and to reduce self-
esteem.
2. Restorative Aspect – Concerns
measure expected to achieve for the
offender a position in the community in
which he does not violate the laws. There
measures may be directed at change,
control or reintegration; the failure of
offenders to achieve these goals can be
measured by recidivism, and their
success is defined by reasoning specific
objectives set by correctional decision
makers.
3. Managerial Aspects – are of special
importance because of the sharp
contrast between the per capital costs of
custody and any kind of community
program. When offenders can be shifted
from custodial control to community –
based programming without loss of
 PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF

public protections, the managerial criteria

require that such shift be made.

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