Correctional Administration

Marathon Review
 BJMP
 Provincial Jail
 Minor offender
 Detention/Preventive imprisonment
 BuCor
 Non-Institutional
 History and related law
 P.D. 421/482/513 – The Integration of
Jails in the INP

 R.A. 6975 – Chapter V Creating the BJMP

 R.A. 9263 - “BFP and BJMP

professionalization act of 2004”

 R.A. 9592 – Amendment of R.A.9263

 Chief, BJMP
 Deputy for Admin
 Deputy for Operation
 Chief of the Directorial Staff
 BJMP PNP ARMY
 Director – 28
 CS – 27
 SS -26
 S -25
 CI -24
 SI -23
 I -22
 SJO IV - 19
 SJOII - 18
 SJOII - 17
 SJOI - 16
 JOIII - 14
 JOII - 12
 JOI - 10
 City Jails
 District
Jails
 Municipal Jails
High Risk Inmates
High Profile Inmates
Ordinary Inmates
 Commitment Order
 Medical Certificate
 Complaint/Information
 Police Booking Sheet
 Detainees Manifestation
 Certification
 Gen Rule: Offenders who have undergone preventive
imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to abide by
the same disciplinary rules imposed upon convicted prisoners,

Exception:
 1. When they are recidivists or have been convicted previously
twice or more times of any crime; and
 2. When upon being summoned for the execution of their
sentence they have failed to surrender voluntarily.
 3. If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
 4. Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is
not yet terminated, he shall be released immediately
without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is
under review.
 5. In case the maximum penalty to which the accused
may be sentenced is destierro, he shall be released after
thirty (30) days of preventive imprisonment
 B.P. 85 as Amended by E.O. 214 s. 1988

 R.A. 6127

 RPC Art. 29 As amended by R.A. 6127

 Chairman – Deputy Warden
 Members - Chief Custodial Security Office
 Medical Officer
 Chaplain
 Inmates welfare and
Development Officer
 Reprimand
 Temp or permanent cancellation of some or all
recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement
 Transfer to another facility with court
coordination
 Partial or Full forfeiture of GCTA
 Pregnant or breastfeeding inmate
 Infirmed or handicap inmate (that would affect
health or physical well being
 Corporal, dark or inadequately ventilated, cruel,
unusual, inhuman or degrading punishment
 Instruments of restraints, handcuffs, leg irons,
and straitjackets. Only for precaution against
escape, or in order not to injure others or
himself.
Separate/Segregated Inmates
 Female
 Drug Addicts
 Alcoholics
 Mentally ill
 Sex Deviates
 Handicapped, aged and infirmed
Not to be Separated Inmates
 Suicidal Inmates
 Non Philippine citizen Inmates
 Deceased relative within the second degree of
affinity or consanguinity
▪ Not be allowed if the place is more than 30 kilometers;
▪ Has records of escape;
▪ Detainee is high risk/high profile and jail
has inadequate resources to ensure safety
and security;
▪ Turn over the amount necessary to cover
the expenses of travel including the officers
who would escort;
 Release of inmate by acquittal, dismissal
payment of fines etc. Shall only be effected
upon receipt of the Release order served by
the court process server

 Carpeta – otherwise known as “inmate

record or jacket” it contains the personal
and criminal records of inmates.
 JO1-SJO4 – BJMP RD
 JINS-JSUPT – Chief, BJMP
 JSSUPT. – DILG Secretary
 JCSUPT – President recommended by the
DILG with endorsement of the CSC Chair
 Age, height and weight ( to be
approved by the Chief of the BJMP)
Only for members of the Cultural
Minority
 BJMP Retirement same with PNP.
 But lump sum is only for 3 years.
 SECTION 468. (4) (vii) Establish and
provide the maintenance and improvement of
jails and detention centers, institute a sound
jail management program, and appropriate
funds for the subsistence of detainees and
convicted prisoners in the province;
 R.A. 7160
 A child in conflict with the law shall not be
locked up in a detention cell.
 The child shall not be detained in the
provincial, city or municipal jail, even if there
are quarters separate from adult detainees.
 A petition for involuntary commitment may
be filed by the LSWDO with the technical
assistance of DSWD, or by the DSWD if:

 (a) The child in conflict with the law is found

by the LSWDO to be abandoned, neglected
or abused by his/her parents; or

 (b) The parents do not comply with the

intervention and prevention programs as
determined under Part VII of these Rules.
 No jail detention
 The court shall not order the detention of a
child in a jail pending trial or hearing of
his/her case.
Child in conflict with the law - refers to a child who is
alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.
Community-based programs - refers to the programs
provided in a community setting developed for
purposes of intervention and diversion, as well as
rehabilitation of the child in conflict with the law, for
reintegration into his/her family and/or community.

Deprivation of liberty - refers to any form of detention or

imprisonment, or to the placement of a child in
conflict with the law in a public or private custodial
setting, from which the child in conflict with the law is
not permitted to leave at will by order of any judicial
or administrative authority.
 Status Offenses - refers to offenses which discriminate only against
a child, while an adult does not suffer any penalty for committing
similar acts. These shall include curfew violations, truancy, parental
disobedience and the like.
 Youth Detention Home - refers to a 24-hour child-caring
institution managed by accredited LGUs and licensed and/or
accredited NGOs providing short-term residential care for children
in conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction; also referred as
“Youth Home.”
 Youth Rehabilitation Center - refers to a 24-hour residential care
facility that provides children in conflict with the law with care,
treatment and rehabilitation services under the guidance of trained
staff where children in conflict with the law on suspended
sentence, or “residents,” are cared for under a structured
therapeutic environment with the end view of reintegrating them
in their families and communities as socially functioning
individuals; also referred as “Youth Center.”
 ParensPatriae – Parent or guardian
of the state/country. The inherent
power and authority of the state to
provide protection to person
(minors) and property of the person
(minors).
 "(d) Persons who by reason of their sentence
may be deprived of liberty for not more than
six months. The imposition of subsidiary
imprisonment shall not be taken into
consideration in fixing the status of a prisoner
hereunder except when the sentence
imposes a fine only."'
 '"(b) Persons who by reason of their sentence
may be deprived of liberty for not more than
three years or are subjected to a fine of not
more than one thousand pesos, or are
subjected to both penalties; but if a prisoner
receives two or more sentences in the aggregate
exceeding the period of three years, he shall not
be considered a provincial prisoner. The
imposition of subsidiary imprisonment shall not
be taken into consideration in fixing the status of
a prisoner hereunder except when the sentence
imposes a fine only."'
 Municipal Prisoners – are those persons who by
reason of their sentence may be deprived of
liberty for not more than six (6) months.

 Provincial or City Prisoners – are those persons

who by reason of their sentence is deprived of
liberty for not more than three (3) years or
subjected to a fine of not more than one
thousand pesos (Php 1,000) or are subjected to
both penalties.

 National or Insular Prisoners – are those persons

who be reason of their sentence is deprived of
liberty of more than three (3) years.
 Art. 39. Subsidiary penalty. — If the convict has no
property with which to meet the fine mentioned in
the paragraph 3 of the nest preceding article, he
shall be subject to a subsidiary personal liability at
the rate of one day for each eight pesos, subject to
the following rules:
 1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the
preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the
term of the sentence, and in no case shall it
continue for more than one year, and no fraction
or part of a day shall be counted against the
prisoner.
 2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if
the culprit shall have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen days, if for a
light felony.
 3. When the principal imposed is higher than prision
correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
 4. If the principal penalty imposed is not to be executed
by confinement in a penal institution, but such penalty is
of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer
the same deprivations as those of which the principal
penalty consists.
 5. The subsidiary personal liability which the convict
may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial
circumstances should improve. (As amended by RA 5465,
April 21, 1969).
 Creation of BuCor E.O. 292
 Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407
dated November 1, 1905) as an agency
under the Department of Commerce and
Police.
 Old Bilibid Prison on Oroquieta Street in
Manila, which was established in 1847; this
prison became known as the “Carcel y
Presidio Correccional”

 August 21, 1870, the San Ramon Prison and

Penal Farm in Zamboanga City was
established to confine Muslim rebels and
recalcitrant political prisoners opposed to
the Spanish rule;
 San Ramon Established during the tenure of
Governor General Ramon Blanco the facility
was originally established for persons
convicted of political crimes.
 Governor Luke Wright authorized the
establishment of a penal colony in the province
of Palawan on November 16, 1904. Americans
established in 1904 the first penal institution
Iuhit penal settlement (now Iwahig Prison and
Penal Farm) first Superintendent Lt. George
Wolfe.
 Col. John R. White of the Philippine
Constabulary, who became superintendent of
Iwahig in 1906, the colony became a successful
settlement. A merit system was devised for the
prisoners and vocational activities were
offered. These included farming, fishing,
forestry, carpentry, and hospital paramedical
work.
 Iwahig is subdivided into four zones or
districts: Central sub-colony with an area of
14,700 hectares; Sta. Lucia with 9,685
hectares; Montible with 8,000 hectares and
Inagawan with 13,000 hectares.
 On November 27, 1929, the Correctional
Institution for Women (CIW) was created under
Act No. 3579 To date, it is the only prison facility
for women In the country;

 The Davao Penal Colony was opened in January

21, 1932 under Act No. 3732. Governor Dwight
Davis signed Proclamation No. 414 on October
7, 1931, which reserved a site for the penal
colony in Davao province in Mindandao. Davao
Penal Colony is the first penal settlement
founded and organized under
Filipino administration.
 During World War II, the Davao penal colony
was converted into a concentration camp
where more than 1,000 Japanese internees
were committed by the Philippine-American
Armed Forces.
 Commonwealth Act No. 67 was enacted, for the
construction of a new national prison in the
southern suburb of Muntinlupa, Rizal in 1935.
The New Bilibid Prison. It was officially named
the New Bilibid Prison on January 22, 1941.

 The NBP Camp Sampaguita or the Medium

Security Camp, which was used as a military
stockade during the martial law years.

 Minimum Security Camp, was christened

“Bukang Liwayway”.
 Under Proclamation No. 72 issued on
September 26, 1954, the Sablayan Prison and
Penal Farm in Occidental Mindoro was
established;

 Leyte Regional Prison under Proclamation

No. 1101 issued on January 16, 1973.
 FORT BONIFACIO PRISON, formerly known
as Fort William McKinley. The prison was
originally used as a detention center for
offenders of US military laws and ordinances.
 The first RDC facility was created in Building
of the Maximum Security Compound of the
New Bilibid Prison in 1953;

 RDC was transferred to Sampaguita Camp in

1973.
 The RDC was turned into a Therapeutic
Community Camp on February 6, 2003.
 Before World War II, two national prisons
were established by the government which
are no longer operational today.

 Corregidor Island, the Island prison;

 Bontoc Prison in Mountain Province.
Purpose of confinement
 To segregate and ;him from society; and
 To rehabilitate.

Basic principles
 Discipline
 Reformation
 Safe custody of inmates.
 Carpeta - refers to the institutional record of an
inmate which consists of his mittimus
/commitment order, the persecutor’s
information and the discussion of the trial court,
including that the appellate court, if any;

 Prison record - refers to information concerning

an inmate’s personal circumstances, the offense
he committed, the sentence imposed, the
criminal case numbers in the trial and appellate
courts, the date he commenced service of his
sentence, the date of expiration of his sentence,
the number of previous convictions, if any, and
his behavior or conduct while imprison.
Reception and diagnostic Center - shall
receive, study and classify inmates, within 60
days.

Quarantine –inmate shall be placed in

quarantine for a least five (5) days during
which he shall be-

 physical and mental examination

 Oriented with prison rules; and
 Interviewed by a counselor; social workers or
other program staff officers.
 In (55) days the inmate shall undergo
psychiatric, psychological, sociological,
vocational, educational and religious and
other examinations. The results of said
examinations should be the basis for the
inmate’s individualized treatment program.
 Mittimus/ Commitment Order of the
court;
 Information and Court decision in the
case;
 Certification of detention, if any; and
 Certification that the case of the inmate is
not on appeal.
 Chairman …… Superintendent
 Vice-Chairman …Chief, RDC
 Members ………Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
 Secretary ……Chief Overseer
Maximum security – this shall include highly dangerous or high
security risk inmates as determined by the Classification
Board who require a degree of control and supervision. Under
this category are-
 those sentenced to death;
 those whose minimum sentence is twenty (20) years
imprisonment;
 Remand inmates or detainees whose sentence is twenty (10)
year and above and those whose sentences are under the
review by the Supreme Court or the Court of Appeals.
 Those with pending cases;
 Recidivists, habitual delinquents and escapees;
 Those confined at the Reception and Diagnostic center;
 Those under disciplinary punishment or safekeeping; and
 Those who are criminally insane or those with severe
personality or emotional disorders that make them
dangerous to fellow inmates or the prison staff.
Medium security – this shall include those who cannot be
trusted in less secured areas and whose conduct or
behavior require minimum supervision.
 those whose minimum sentence is less than twenty (20)
years imprisonment;
 remand inmates or detainees whose sentences are below
twenty (20) years;
 those who are eighteen (18) years of age and below,
regardless of the case and sentence;
 those who have two (2) or more records escapes. They can
be classified as medium security inmates if they have
served eight (18) years since they were recommitted. Those
with one (1) record of escape must serve five (5) years; and
 first offenders sentenced to life imprisonment. They may
be classified as medium security if they have served five (5)
years in maximum security prison or less, upon the
recommendation of the Superintendent. Those who were
detained in a city and / or provincial jail shall not be entitled
to say classification.
Minimum security – this shall include those who can
be reasonably trusted to serve their sentences
under less restricted conditions.
 those with a severe physical handicap as certified
by the chief medical officer of the prison;
 those who are sixty-five (65) years old and above,
without pending case and whose convictions are
not on appeal;
 those who have served one –half (1/2) of their
minimum sentence or one-third (1/3) of the
maximum sentence, excluding Good Conduct Time
Allowance (GCTA)
 those who have only six (6) months more to serve
before the expiration of their maximum sentence.
 Maximum security – Tangerine
 Medium security – Blue
 Minimum security – Brown
 Detainee – Gray
 Detainee;
 Third Class inmate – one who has either been previously
committed for three (3) or more times as a sentenced
inmate, except those imprisoned for non-payment of a
fine and those who had been reduced from a higher
class;
 Second Class inmate – a newly arrived inmate; an
inmate demoted from first class; or one promoted from
the third class;
 First Class inmate – one whose known character and
credit for work while in detention earned assignment to
this class upon commencement of sentence; or one who
has been promoted from the second class.
 Colonist.
 be at least a first class inmate and has
served one (1) year immediately
preceding the completion of the period
specified in the following qualifications;

 has served imprisonment with good

conduct for a period equivalent to one
fifth (1/5) of the maximum term of his
prison sentence, or seven (7) years in the
case of a life sentence.
 Credit of an additional GCTA of five (5) days for
each calendar month while he retains said
classification aside from the regular GCTA
authorized under Article 97 of the RP C;
 Automatic reduction of the life sentence imposed
on the colonist to a sentence of thirty (30) years;
 As a special reward to a deserving colonist, the
issuance of a reasonable amount of clothing and
ordinarily household supplies from the
government commissary in addition to free
subsistence; and
 To wear civilian clothes on such special occasions
as may be designated by the Superintendent.
 to view the remains of a deceased relative and
all its supporting documents shall be filed with
the Superintendent at least two (2) days
before the enjoyment of the privilege sought.

 inmate may be allowed more or less three (3)

hours to view the deceased relative in the
place where the remains lie in state.
 the privilege may be enjoyed only if the
deceased relative is in a place within a radius
of thirty (30) kilometers by road from the
prison. Where the distance is more than thirty
(30) kilometers, the privilege may be
extended if the inmate can leave and return
to his place of confident during the daylight
hours of the same day.
 Only medium and minimum-security inmates
may be assigned to work in agricultural field
projects within a prison reservation.
Maximum-security inmates shall not be
allowed to work outside the maximum-
security compound.

 An inmate over sixty (60) years of age may be

excused from mandatory labor.
 The inmate may, at any time, withdraw from
his compensation earning s in an amount not
exceeding one-half (1/2) of his total earnings.

 Upon the inmates discharge from prison he

shall be given the full balance of his deposit.
 upon the expiration of his sentence;
 by order of the Court or of competent
authority or;
 after being granted parole, pardon or
amnesty.
 If the inmate has a pending criminal case, the
Director shall inform the court n at least thirty
(30) days before the actual date of release
 Release of foreign national –At least thirty
(30) days before the approximate date of
release, the Director shall furnish the
Commissioner of Immigration with certified
copies of the court decision in the case of the
inmate in an appropriate government
institution.
 the Supreme Court or lower courts, in case of
acquittal or grant of bail;
 the President of the Philippines, in case of
executive clemency or amnesty.
 the Board of Pardons and Parole, in parole
cases; and
 the Director, upon the expiration of the
sentence of the inmate.
 The Director shall not order or allow an
inmate to leave prison sixty (60) days before
and thirty (30) days after an election except
for valid or legal reasons.
 An inmate shall, thirty (30) days before his
scheduled date of release, be transferred to
the Separation and Placement Center to
prepare him for reentry into free society,
provided he is not under punishment or an
escape risk, and is cleared of his government
property accountabilities.
 for commutation of sentence – at least one (1) month
before the expiration of one-third (1/3) of the minimum
period of the inmate’s indeterminate sentence and in
special cases, at least one (1) month before the periods
specified by the Board.

 for conditional pardon – at least one (1) month before

the expiration of one-half (1/2) of the minimum period
of the inmate’s indeterminate sentence and in special
cases, at least one (1) month before the period as the
board may specify.

 for parole – at least one (1) month before the expiry

date of his minimum sentence.
 1. Retribution - is the act of taking revenge
upon a criminal perpetrator.
 2. Incapacitation - is the use of imprisonment or
other means to reduce the likelihood that an offender
will be capable of committing future offenses.
 3. Deterrence - is a means, which seeks to
prevent others from committing crimes or repeating
criminality.
 4. Rehabilitation - is the attempt to reform a
criminal offender, the state in which a reformed
offender is said to be rehabilitated.
 5. Restoration - a goal of which attempts to
make the victim whole again.
 Prevention – the state must punish the criminal to prevent
or suppress the danger to the state arising from the
criminal acts of the offender.
 Self-defense – the state has a right to punish the criminal
as a measure of self-defense so as to protect society from
the threat and wrong inflicted by the criminal.
 Reformation – the object of punishment in criminal cases is
to correct and reform the offender.
 Exemplarity – the criminal is punished by the state as an
act to deter others from committing crimes.
 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.
 Retribution or Expiation – the penalty is
commensurate with the gravity of the offense as
a matter of payment for the damage done.
 Correction or Reformation – as shown by the
rules which regulates the execution of the
penalties consisting in deprivation of liberty,
thereby giving chance for his reformation.
 Social Defense – as shown by its inflexible
severity to recidivist and habitual delinquents.
Society must provide the welfare of the people
against any disorder in the community.
 The penalty must be productive of suffering
without affecting the integrity of the human
personality.
 The penalty must be commensurate with the
offense, that different crimes must be punished
with different penalties.
 The penalty must be personal in that no one
should be punished for the crime of another.
 The penalty must be legal, that it is the
consequence of a judgment according to law.
 The penalty must be certain, that no one may
escape its effects.
 The penalty must be equal for all.
 The penalty must be correctional.
 By the death of the convict
 By service of sentence
 By amnesty
 By absolute Pardon
 Limitations of pardoning power
 It cannot be extended to cases of impeachment.
 It cannot be granted to violation of election law
without approval of COMELEC.
 It is only exercised after conviction.
 By Prescription of the Crime
Prescription of the crime defined. Is the forfeiture or
loss of the right of the state to prosecute the offender
after the lapse of a certain time.

 Period of Prescription of crimes

 Crimes punishable by Death, Reclusion Perpetua or
Reclusion Temporal – 20 years
 Crimes punishable by other Afflictive Penalties – 15
years
 Crimes punishable by Correctional Penalty – 10 years
 Crimes punishable by Arresto Mayor – 5 years
 Crime of libel or other similar offenses – 1 year
 Offenses of Oral Defamation and Slander by Deed – 6
months
 Light Offenses – two (2) months
Period of Prescription of Crimes under Special Laws or
Ordinances

 Offenses punished only by a fine or by imprisonment for

not more than one month, or both – after 1 year
 Offenses punished by imprisonment for more than one
month, but less than two (2) years – after 4 years
 Offense punished by imprisonment for six (6) years or
more – after 12 years
 Offense punished by imprisonment for two (2) years or
more – after 8 years
 Offenses under Internal Revenue Law – after 5 years
 Violations of Municipal Ordinances – after 2 months
 Violations of the regulations and conditions of certificate
of convenience by the Public Service Commission – after
two (2) months
 The computation of prescription of offenses or
crime shall start to count from the day of which
offense or crime is being discovered, by the
offended party, authorities or their agents. It is
interrupted by filing of complaint or information.
It would commence to run again when such
proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippines.
 By Prescription of Penalty. Is the loss or forfeiture
of the right of the government to execute the final
sentence after the lapse of a certain time.

 Conditions necessary in Prescription of Penalty

 That there must be final judgment;

 That the period of time prescribed by law for its
enforcement has lapsed.

 Prescription whether by penalty or crime, the state

or the people loses the right to prosecute the crime
or to demand of the sentence of the penalty
imposed.
 Period of Prescription of Penalties

 Crimes sentence to death and reclusion

perpetua – 20 years
 Afflictive penalties – 15 years
 Correctional penalties – 12 years
 Arresto mayor – 5 years
 Light penalties – 1 year
 The period of the prescription of sentence commence
when the sentence imposed is already final. If a convict
appealed and thereafter fled, the penalty imposed upon
him would never prescribe, because pending the appeal
the sentence is not yet final. The period of prescription of
penalties commence to run from the date when the culprit
evaded the service of sentence. It will only be interrupted
if the culprit:
 gives himself up;
 be captured;
 goes to a foreign country with which we have no
extradition treaty;
 Commits another crime before the expiration of the
period of prescription.
 The period of prescription of penalties shall commence to
run again when the convict escapes again, after having
been captured and return to prison.
 By marriage of the offended woman

Partial Extinction of Criminal Liability

 By conditional Pardon
Art. 95. Obligation incurred by person granted conditional
pardon. — Any person who has been granted
conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the
conditions specified shall result in the revocation of the
pardon and the provisions of Article 159 shall be applied
to him.
 Art. 159. Other cases of evasion of service of
sentence. — The penalty of prision correccional
in its minimum period shall be imposed upon
the convict who, having been granted
conditional pardon by the Chief Executive,
shall violate any of the conditions of such
pardon. However, if the penalty remitted by
the granting of such pardon be higher than six
years, the convict shall then suffer the
unexpired portion of his original sentence.
 By Commutation of Sentence

 Commutation defined. Is an act of clemency

by which an execute act changes a heavier
sentence to a less serious one or a longer
term to a shorter term.
It is a change of decision of the court, made by the Chief Executive by
reducing the degree of the penalty inflicted upon the convict, or
by decreasing the length of the imprisonment or the amount of
the fine.
Purpose of Commutation of Sentence
 to break the rigidity of the law;
 to extend parole in case where the parole law do not apply;
 to save the life of person sentenced to death

Instances where Commutation is provided by law:

 when the convict sentenced to death is over 70 years of age;
 when the justices of the Supreme Court fail to reach a decision for
the affirmation of the death penalty.
 In either case, the degree of penalty is reduced from death to
reclusion perpetua. In commutation of sentence, consent of the
offender is not necessary. The public welfare not his consent
determines what shall be done.
 By Good Conduct Time Allowance

 First two years of imprisonment – five (5) days of

allowed deduction for each
month of good behavior;
 Third to fifth year – eight (8) days of allowed
deduction of each of
good behavior;
 Sixth to the tenth year – ten (10) days of allowed
deduction for each month
of good behavior;
 Eleventh and successive years – fifteen (15) days
of allowed deduction for
each month of good behavior.
 Special Time Allowance

 It is a deduction of one fifth (1/5) of the period of the

sentence of a prisoner who, having evaded the service of
his sentence during the calamity or catastrophe, and
gives up to the authorities within forty eight (48) hours
following the issuance of the proclamation by the
President announcing the passing away of the calamity
or catastrophe. The deduction of sentence for loyalty is
based from the original sentence.

 If the convict who evaded his sentence on occasion of

disorder or catastrophe and does not give himself to the
authorities within forty eight (48) hours, is liable to an
increased of penalty for Evasion of Sentence.
 By Parole
 A parole may be granted to a prisoner after serving the
minimum penalty under the indeterminate sentence law.
Parole consists of the suspension of the sentence of a
convict after serving the minimum term of the
indeterminate penalty, without granting a pardon,
prescribing the terms upon the sentence shall be
suspended.
 If the convict fails to observe the conditions of the parole
the Board of Pardons and Parole is authorized to direct his
arrest and return to custody thereafter to carry out his
sentence without deduction of the time that has elapsed
between the date of the parole and the subsequent arrest.
A mere commission of an offense warrants the parolees’
re-incarceration.
 The Classical School of thought
 Neo-classical
 The Positive School of thought

Early forms of Corrections

 Pungent Posion
 Grotesques Mask
 Trephination Method
 Banishment
 Flogging
 Mutilation
 Branding
 Public Humiliation
 Exile or Banishment
 Work houses
 “Saint Bridget’s Well” – Brideswell

 In 1166 A.D. Assize of Clarendon (Constitution

of Clarendon) constructed the first facility
designed solely for public incarceration. This
facility was known as Gaol (known as Jail
today). The gaol was being managed by the
Shire Reeve.
 John Howard
 prisoners must be segregated according to sex,
age, and gravity of their offense;
 the jailer or staff must be paid to prevent
extortion to prisoners;
a chaplain and a medical officer must be
employed to address the spiritual and medical
needs of the prisoners;
 prisoners should be provided with clothing and
food;
 liquor should be prohibited in jail;
 Hospice of San Michelle a papal prison which
opened in 1704 and the Maison de Force,
which begun at Ghent, Belgium in 1773. Both
institutions were actually a residential school
for juvenile delinquents which advocated
reformation than punishment. These
institutions were used and followed by other
prisons as an alternative to the use of physical
and public punishment.
 Pennsylvania System

 William Penn the governor of the state of

Pennsylvania initiated early reforms in their prison
system such as;

 abolishing capital punishment for crimes other than

homicide
 substituting bloody punishment to imprisonment and
hard labor.
 providing free food and lodging to inmates replacing
the pillory and stocks with houses of detention.
 Wallnut Street Jail. Humane and religious
principles were applied into the handling of
prisons. Rehabilitation and deterrents were its
objectives in applying these principles. Prisoners
were held in solitary confinement where they
make their repentance or self-punishment of the
crime they committed. The rehabilitation
process was anchored on the teachings of the
Bible, their solitary confinement was
intentionally designed to avoid contact with
other inmates and staff to avoid contamination
of criminal behavior. Prisoners were allowed to
work inside their cells and they are not allowed
to talk. This concept was called “Pennsylvania
System” which was also followed by other
states in America.
 Auburn System
 As prison system began to grow, solitary confinement of
the Pennsylvania system became very expensive to put-up
and maintain. The first prison to abandon the Pennsylvania
system was the New York State Prison at Auburn. As a
solution to the problem, Auburn introduced the
congregate prison in silent system. Under this system,
prisoners worked, lived and ate together in silence.
Whipping and hard labor was given to prisoners to
maintain the rule of silence. The New York State Prisons
change the concept of Pennsylvania system as they
pattern its concept of solitary confinement