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Legal Research Thesis Chapter 1

This document discusses challenging the effectiveness of the revised Implementing Rules and Regulations of the Bureau of Corrections Act of 2013 in relation to prison conditions in the Philippines. It argues that while the law aims to promote prisoner rehabilitation and protect their basic rights, overcrowding in Philippine prisons creates an extra burden and prevents effective rehabilitation. The introduction calls for treating prisoners humanely and emphasizing rehabilitation over punishment.

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209 views3 pages

Legal Research Thesis Chapter 1

This document discusses challenging the effectiveness of the revised Implementing Rules and Regulations of the Bureau of Corrections Act of 2013 in relation to prison conditions in the Philippines. It argues that while the law aims to promote prisoner rehabilitation and protect their basic rights, overcrowding in Philippine prisons creates an extra burden and prevents effective rehabilitation. The introduction calls for treating prisoners humanely and emphasizing rehabilitation over punishment.

Uploaded by

NathNath
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CHALLENGING THE EFFECTIVENESS OF THE REVISED IRR OF

R.A. NO. 10575 OR THE BUREAU OF CORRECTIONS

ACT OF 2013 IN RELATION TO THE CONDITION

OF PENITENTIARIES IN THE PHILIPPINES


CHAPTER ONE

Introduction

For people who have committed crimes that have landed them in jail, there

needs to have something wherein they can find a light for rehabilitation, and not just

about something full of darkness and hopelessness.

In relation to the statement above, theres a need of bold change in the criminal

justice system of the Philippines. A good first step forward is to start treating prisoners

as human beings, not profiting from their incarceration. There should be an emphasis

on rehabilitation, not incarceration and punishment.

Effective control over the rights of every human being is one of the most

important tasks of the government. There is no doubt that public control should be

based on the provisions of the 1987 Philippine Constitution that protects peoples basic

rights and freedoms.

Despite the fact that prisoners do not possess full constitutional rights, they are

protected by the 1987 Philippine Constitution such as protection from torture and cruel,

inhuman or degrading treatment. The protection means that all the prisoners should be

afforded a minimum standard of living. All in all, prisoners are protected against unequal

treatment based on race, sex, ethnicity, and other personal characteristics since all

persons under any form of detention or imprisonment shall be treated in a humane

manner and with respect for the inherent dignity of the human person.
The Revised Implementing Rules and Regulations of Republic Act No. 10575 or

The Bureau of Corrections Act of 2013 enforces to promote the general welfare and

safeguard the basic rights of every prisoner incarcerated in the national penitentiary by

promoting and ensuring their reformation and social reintegration, creating an

environment conducive to rehabilitation and compliant with the United Nations Standard

Minimum Rules for Treatment of Prisoners (UNSMRTP). It also recognizes the

responsibility of the State to strengthen government capability aimed towards the

institutionalization of highly efficient and competent correctional services.

However, due to the overcrowding situation in the different prison institutions, it

gives extra burden on the part of the government. Congestion or prison overcrowding is

not just a national issue but a worldwide issue as well. Prisons, in most parts of the

world, are overcrowded where the prison cells accommodate prisoners more than its

ideal capacity. This seeming condition does not contribute to the effective rehabilitation

of convicted persons.

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