New Insti & Non-Insti Correction

PRINCE CHEVY JOHN MANGUBAT SEDIGO
REGISTERED CRIMINOLOGIST
CIVIL SERVICE PROF
“The one who gets wisdom loves life; the introduction of individual measures of
the one who cherishes understanding will soon reformation.
prosper.”
Proverbs 19:8 Correctional Administration
o The study and practice of a systematic
CORRECTION ADMINISTRATION management of jails or prisons and other
institutions concerned with the custody,
treatment, and rehabilitation of criminal
INSTITUTIONAL CORRECTION offenders.
I. Basic Definition of Terms: III. Historical Perspective on Corrections
PENOLOGY defined: Important Dates and Events in the History of

o The study of punishment for crime or of Corrections:
criminal offenders. It includes the study of
control and prevention of crime through 13th Century – Securing Sanctuary
punishment of criminal offenders. In the 13th C, a criminal could avoid
o The term is derived from the Latin word punishment by claiming refugee in a church for a
“POENA” which means pain or suffering. period of 40 days at the end of which time he has
o Penology is otherwise known as Penal compelled to leave the realm by a road or path
Science. It is actually a division of assigned to him.
criminology that deals with prison
management and the treatment of offenders, 1468 (England) – Torture as a form of punishment
and concerned itself with the philosophy and became prevalent.
practice of society in its effort to repress
criminal activities. 16th Century – Transportation of criminals in
o Penology has stood in the past and, for the England, was authorized. At the end of the 16th C,
most part, still stands for the policy inflicting Russia and other European Countries followed this
punishment on the offender as a system. It partially relieved overcrowding of prisons.
consequence of his wrongdoing. Transportation was abandoned in 1835.
Penal Management: 17th C to late 18th C – Death Penalty became

o Refers to the manner or practice of prevalent as a form of punishment.
managing or controlling places of
confinement as in jails or prisons. Reasons why Death Penalty became the usual
Punishment during this period and thereafter:
CORRECTION defined: 1. Death of outlaws became a “protection for
o A branch of the Criminal Justice System the English people”. It is because the people
concerned with the custody, supervision and during this period did not totally believe yet in
rehabilitation of criminal offenders. the ability to a strong police force to combat
o It is that field of criminal justice criminals.
administration which utilizes the body of 2. People lack confidence in the transportation
knowledge and practices of the government of criminals. Gaols and Galleys became
and the society in general involving the center of corruption and ineffective
processes of handling individuals who have instruments of punishment.
been convicted of offenses for purposes of 3. Doctrine of Crude Intimidation appeared or
crime prevention and control. seemed to be a logical form of threat in order
o It is the study of jail/prison management and to deter or prevent the people from violating
administration as well as the rehabilitation the law.
and reformation of criminals. 4. The assumption was that, the Ruling Class is
o It is a generic term that includes all tasked to protect property rights and
government agencies, facilities, programs, maintain public peace and order. The system
procedures, personnel, and techniques of maintaining public order had little
concerned with the investigation, intake, consideration or it did not recognize the
custody, confinement, supervision, or social and economic condition of the lower
treatment of alleged offenders. working class. The lawmakers and enforcers
Correction as a Process used death penalty to cover property loss or
o Refers to the reorientation of the criminal damage without further contemplating the
offender to prevent him or her from repeating value of life of other people.
his deviant or delinquent actions without the
necessity of taking punitive actions but rather GAOLS - (Jails) – pretrial detention facilities
operated by English Sheriff.
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CIVIL SERVICE PROF
having children, crop production, growing food,

Galleys – long, low, narrow, single decked ships etc
propelled by sails, usually rowed by criminals. A type o Punishment is required when those who intend
of ship used for transportation of criminals in the 16th to violate the rules do not comply with these
century. practices.
o The complex society gradually evolved changing
Hulks – decrepit transport, former warships used to the social rules into a more structured sanctions
house prisoners in the 18th and 19th century. These to prevent the violations of those rules essential
were abandoned warships converted into prisons as to group survival. These sanctions have been
means of relieving congestion of prisoners. They codified into written rules or laws. And the reward
were also called “floating hells”. for obeying those laws is simply the ability to
function as a respected and productive member
The Primary Schools of Penology of society.
1. The Classical School Redress (Compensation) of a wrong act

o it maintains the “doctrine of psychological
hedonism” or “free will”. That the individual Retaliation (Personal Vengeance)
calculates pleasures and pains in advance of o the earliest remedy for a wrong act to any one (in
action and regulates his conduct by the result the primitive society). The concept of personal
of his calculations. revenge by the victim’s family or tribe against the
o Advocated by: CESARRE BECARRIA & family or tribe of the offender, hence “blood
JEREMY BENTHAM feuds” was accepted in the early primitive
societies.
2. The Neo-classical School
o it maintained that while the classical doctrine Fines and Punishment
is correct in general, it should be modified in o Customs has exerted effort and great force
certain details. Since children and lunatics among primitive societies. The acceptance of
cannot calculate the differences of pleasures vengeance in the form of payment (cattle, food,
from pain, they should not be regarded as personal services, etc) became accepted as
criminals, hence they should be free from dictated by tribal traditions. As tribal leaders,
punishment. elders and later kings came into power, they
begun to exert their authority on the negotiations.
3. The Positivist/Italian School Wrongdoers could choose to stay away from the
o the school that denied individual proceedings (Trial by ordeal) but if they refuse to
responsibility and reflected non-punitive abide by the law imposed, they will be declared
reactions to crime and criminality. It adheres to be an outlaw.
that crimes, as any other act, is a natural
phenomenon. Criminals are considered as Early Codes:
sick individuals who need to be treated by o History has shown that there are three main legal
treatment programs rather than punitive systems in the world, which have been extended
actions against them. to and adopted by all countries aside from those
o Advocated by: HOLY THREE OF that produced them. In their chronological order,
CRIMINOLOGY they are the Roman, the Mohammedan or Arabic
(CESARE LOMBROSO, ENRICO FERRI, and the Anglo-American Laws. Among the three,
RAFAEL GAROFALO) it was Roman law that has the most lasting and
most pervading influence. The Roman private
The Primitive Society law (Which include Criminal Law), especially has
o In the beginning of civilization, acts are offered the most adequate basic concepts which
characterized by behavioral controls categorized sharply define, in concise and inconsistent
as: forbidden acts, accepted acts, and those acts terminology, mature rules and a complete
that are encouraged. system, logical and firm, tempered with a high
o Crimes, violence, rebellious acts and other acts, sense of equity. (Coquia, Principles of Roman
which are expressly prohibited by the society, fall Law, 1996)
as forbidden acts. Accepted acts are those that
can be beneficial to the welfare of the society
such as early traditions and practices, folkways, 1. Babylonian and Sumerian Codes
norms, those that are controlled by social rules,
and laws. a. Code of King Hammurabi (Hammurabic
o Encourage acts are anything approved by the Code) – Babylon, about 1990 BC, credited as the
majority which is believed to be beneficial to the oldest code prescribing savage punishment, but in
common good. These things include marrying, fact, Sumerian codes were nearly one hundred
years older.
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CIVIL SERVICE PROF
Rome in 64 B.C Other places of confinement in the

2. Roman and Greek Codes history of confinement include FORTRESSES,
a. Justinian Code– 6th C A.D., Emperor Justinian of CASTLES, and TOWN GATES that were strongly
Rome wrote his code of law. built purposely against roving bands of raiders. The
o An effort to match a desirable amount of most popular workhouse was the BRIDEWELL
punishment to all possible crimes. However, WORKHOUSE (1557) in London which was built for
the law did not survive due to the fall of the the employment and housing of English prisoners.
Roman Empire but left a foundation of
Western legal codes. Wulnut Street Jail – originally constructed as a
The Twelve Tables (XII Tabulae), (451-450 BC) detention jail in Philadelphia. It was converted into a
 Represented the earliest codification of state prison and became the first American
Roman law incorporated into the Penitentiary.
Justinian Code. It is the foundation of all
public and private law of the Romans Early prisons in the Philippines:
until the time of Justinian. It is also a
collection of legal principles engraved on During the Pre-Spanish period, prison system in the
metal tablets and set up on the forum. Philippines was tribal in nature. Village chieftains
b. Greek Code of Draco administered it. It was historically traced from the
 In Greece, the Code of Draco, a harsh early written laws. In 1847, the first Bilibid Prison was
code that provides the same punishment constructed and became the central place of
for both citizens and the slaves as it confienment for Filipino Prisoners by virtue of the
incorporates primitive concepts Royal decree of the Spanish crown. In 1936, the City
(Vengeance, Blood Feuds). of Manila exchanges its Muntinlupa property with the
 The Greeks were the first society to Bureau of Prisons originally intended as a site for
allow any citizen to prosecute the boys’ training school. Today, the old Bilibid Prison is
offender in the name of the injured party. now being used as the Manila City Jail, famous as
3. The Burgundian Code (500 A.D) the “ May Halique Estate”.
o specified punishment according to the social
class of offenders, dividing them into: nobles, IV. THE EMERGENCE OF SECULAR LAW
middle class and lower class and specifying 4th A.D. - Secular Laws were advocated by
the value of the life of each person according Christian philosophers who recognizes the need for
to social status. justice. Some of the proponents these laws were St.
Augustine and St. Thomas Aquinas.
Early Codes (Philippine Setting)
The Philippines is one of the many countries Three Laws were distinguished:
that cane under the influence of the Roman Law. 1. External Law (Lex Externa)
History has shown that the Roman Empire reached 2. Natural Law (Lex Naturalis)
its greatest extent to most of continental Europe 3. Human Law (Lex Humana)
such as Spain, Portugal, French and all of Central All these laws are intended for the common good,
Europe. Eventually, the Spanish Civil Code became but the Human law only become valid if it does not
effective in the Philippines on December 7, 1889, the conflict with the other two laws.
“Conquistadores” and the “Kodigo Penal” (The
Revised Penal Code today, 1930) was introduced by V. PUNISHMENT
the Spaniards promulgated by the King of Spain.
Basically, these laws adopted the Roman Law Punishment:
principles (Coquia, Principles of Roman Law, 1996). o It is the redress that the state takes against
Mostly tribal traditions, customs and practices an offending member of society that usually
influenced laws during the Pre-Spanish Philippines. involve pain and suffering.
o It is also the penalty imposed on an offender
There was also a law that was written which for a crime or wrongdoing.
includes:
Ancient Forms of Punishment:
a. The Code of Kalantiao (promulgated in 1433) –
the most extensive and severe law that prescribes 1. Death Penalty
harsh punishment. o affected by burning, beheading, hanging,
b. The Maragtas Code (by Datu Sumakwel) breaking at the wheels, pillory and other
c. Sikatuna Law forms of medieval executions.
2. Physical Torture
Early Prisons: o affected by maiming, mutilation, whipping
and other inhumane or barbaric forms of
Mamertine Prison – the only early Roman place of inflicting pain.
confinement which is built under the main sewer of 3. Social Degradation
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o putting the offender into shame or 1. Retribution – the punishment should be

humiliation. provided by the state whose sanction is
4. Banishment or Exile violated, to afford the society or the individual
o the sending or putting away of an offender the opportunity of imposing upon the
which was carried out either by prohibition offender suitable punishment as might be
against coming into a specified territory such enforced. Offenders should be punished
as an island to where the offender has been because they deserve it.
removed. 2. Expiation or Atonement – it is punishment
5. Other similar forms of punishment like in the form of group vengeance where the
transportation and slavery. purpose is to appease the offended public or
group.
Early Forms of Prison Discipline: 3. Deterrence – punishment gives lesson to
1. Hard Labor - productive works. the offender by showing to others what would
2. Deprivation – deprivation of everything happen to them if they violate the law.
except the bare essentials of existence Punishment is imposed to warn potential
3. Monotony – giving the same food that is “off” offenders that they cannot afford to do what
diet, or requiring the prisoners to perform the offender has done.
drab or boring daily routine. 4. Incapacitation and Protection – the public
4. Uniformity – “we treat the prisoners alike”. will be protected if the offender has being
“the fault of one is the fault of all”. held in conditions where he cannot harm
5. Mass Movement – mass living in cell blocks, others especially the public. Punishment is
mass eating, mass recreation, mass bathing. effected by placing offenders in prison so
6. Degradation – uttering insulting words or that society will be ensured from further
languages on the part of prison staff to the criminal depredations of criminals.
prisoners to degrade or break the confidence 5. Reformation or Rehabilitation – it is the
of prisoners. establishment of the usefulness and
7. Corporal Punishment – imposing brutal responsibility of the offender. Society’s
punishment or employing physical force to interest can be better served by helping the
intimidate a delinquent inmate. prisoner to become law abiding citizen and
8. Isolation or Solitary Confinement – non- productive upon his return to the community
communication, limited news, “the lone wolf”. by requiring him to undergo intensive
program of rehabilitation in prison.
Contemporary Forms of Punishment:
SOCIAL JUSTIFICATION OF PENALTY:
1. Imprisonment – putting the offender in
prison for the purpose of protecting the public 1. Prevention – the state must punish the criminal
against criminal activities and at the same or prevent or suppress the danger to the state arising
time rehabilitating the prisoners by requiring from the criminal acts of the offender.
them to undergo institutional treatment 2. Self-defense – the state has the right to punish
programs. the criminal as measure of self-defense so as to
2. Parole - a conditional release of a prisoners protect society from the threat and wrong inflicted by
after serving part of his/her sentence in the criminal.
prison for the purpose of gradually re- 3. Reformation – the object of punishment in
introducing him/her to free life under the criminal cases is to correct and reform the offender.
guidance and supervision of a parole officer. 4. Exemplarity – criminal is punished by the state
3. Probation – a disposition whereby a as an act to deter others from committing crimes.
defendant after conviction of an offense, the 5. Justice – that crime must be punished by the
penalty of which does not exceed six years state as an act of retributive justice, a vindication of
imprisonment, is released subject to the absolute right and moral violated by the criminal.
conditions imposed by the releasing court
and under the supervision of a probation VI. THE AGE OF ENLIGHTENMENT
officer. 18th Century is a century of change. It is the
4. Fine – an amount given as a compensation period of recognizing human dignity. It is the
for a criminal act. movement of reformation, the period of introduction
5. Destierro – the penalty of banishing a of certain reforms in the correctional field by certain
person from the place where he committed a person, gradually changing the old positive
crime, prohibiting him to get near or enter the philosophy of punishment to a more humane
25-kilometer perimeter. treatment of prisoners with innovational programs.
PURPOSES/JUSTIFICATIONS OF The Pioneers:

PUNISHMENT:
1. William Penn (1614-1718)
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o He fought for religious freedom and order to entitle him for a ticket for leave or
individual rights. conditional release which is similar to parole.
o He is the first leader to prescribe 2. Manuel Montesimos – The Director of
imprisonment as correctional treatment for Prisons in Valencia Spain (1835) who
major offenders. devided the number of prisoners into
o He is also responsible for the abolition of companies and appointed certain prisoners
death penalty and torture as a form of as petty officers in charge, which allowed
punishment. good behavior to prepare the convict for
gradual release.
2. Charles Montesiquieu (Charles Louis Secondat, 3. Domets of France – established an
Baron de la Brede et de Montesquieu) (1689- 1755) agricultural colony for delinquent boys in
o A French historian and philosopher who 1839 providing housefathers as in charge of
analyzed law as an expression of justice. He these boys.
believe that harsh punishment would 4. Sir Evelyn Ruggles Brise – The Director of
undermine morality and that appealing to the English Prison who opened the Borstal
moral sentiments as a better means of Institution for young offenders. The Borstal
preventing crime. Institution is considered as the best reform
institution for young offenders today.
3. VOLTAIRE (Francois Marie Arouet) (1694- 1778) 5. Walter Crofton – He is the Director of the
o He was the most versatile of all philosophers Irish Prison in 1854 who introduced the Irish
during this period. He believes that fear of system that was modified from the
shame was a deterrent to crime. He fought Mocanochie’s mark system.
the legality-sanctioned practice of torture. 6. Zebulon Brockway – The Director of the
Elmira Reformatory in New York (1876) who
4. Cesare Bonesa, Marchese de Beccaria (1738- introduced certain innovational programs like
1794) the following: training school type -
o He wrote an essay entitled “An Essay on compulsory education of prisoners -
Crimes and Punishment”, the most exiting casework methods - extensive use of parole
essay on law during this century. It presented - indeterminate sentence
the humanistic goal of law. The Elmira Reformatory is considered forerunner
5. Jeremy Bentham (1748-1832) of modern penology because it had all the elements
o the greatest leader in the reform of English of a modern system.
Criminal law. He believes that whatever The Two Rival Prison System in the History of
punishment designed to negate whatever Correction
pleasure or gain the criminal derives from
crime; the crime rate would go down. A. The Auburn Prison System
Bentham was the one who devise the o the prison system called the “Congregate
ultimate PANOPTICAN PRISON – a prison System”.
that consists of a large circular building o The prisoners are confined in their own cells
containing multi cells around the periphery. It during the night and congregate work in
was never built. shops during the day. Complete silence was
enforced.
6. John Howard (1726 – 1790)
o the sheriff of Bedsfordshire in 1773 who B. The Pennsylvania Prison System
devoted his life and fortune to prison reform. o the prisons system called “Solitary System”.
After his findings on English Prisons, o Prisoners are confined in single cells day and
o he recommended the following: single cells night where they lived, they slept, and they
for ate and receive religious instructions.
Sleeping - segregation of women - Complete Silence was also enforced. They
segregation of youth - provision of sanitation are required to read the Bible.
facilities - abolition of fee system by which
jailers obtained money from prisoners. VII. PENALTY and THE MODERN PERIOD OF
CORRECTION
The Reformatory Movement: PENALTY is defined as the suffering inflicted
by the state against an offending member for the
1. Alexander Mocanochie – He is the transgression of law.
Superintendent of the penal colony at Norfolk
Island in Australia (1840) who introduced the 1870 to 1880 – GOLDEN AGE OF PENOLOGY
“Mark System”. A system in which a prisoner because of its significant events.
is required to earn a number of marks based
on proper department, labor and study in Juridical Conditions of Penalty
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Punishment must be: commit a new felony before beginning to serve such
1. Productive of suffering – without however sentence, or while serving the same
affecting the integrity of the human
personality. The modern Period of Correction
2. Commensurate with the offense – different Modern Penal Management incorporates
crimes must be punished with different general principles of treating offenders that are
penalties (Art. 25, RPC). based on humane practices such as the following:
3. Personal – the guilty one must be the one to 1. Jail or Prison rules shall be applied
be punished, no proxy. impartially without discrimination on ground
4. Legal – the consequence must be in of race, color, language, religion or other
accordance with the law. opinion, national or social origin, property,
5. Equal – equal for all persons. birth or other status.
6. Certain – no one must escape its effects. 2. The religious beliefs and moral precepts not
7. Correctional – changes the attitude of contrary to law, which a prisoner holds, must
offenders and become law-abiding citizens. be respected.
3. Prison or Jail rules and regulations shall be
Duration of Penalties applied with firmness but tempered with
1. Death Penalty – Capital punishment understanding.
2. Reclusion Perpetua – life 4. Custodial force shall, at all times, conduct
imprisonment, a term of 20-40 yrs themselves as good examples.
imprisonment 5. Abusive or indecent language to prisoners
3. Reclusion Temporal – 12 yrs and 1 day shall not be used.
to 20 years imprisonment 6. Special care towards inmates shall be
4. Prision Mayor – 6 yrs and 1 day to 12 practiced preventing humiliation or
years degradation.
5. Prision Correctional – 6 months and 1 7. No use of force must be made by any of the
day to 6 years custodial force, except in self-defense or
6. Arresto Mayor – 1 month and 1 day to 6 attempt to escape or in case of passive
months physical resistance to a lawful order.
7. Arresto Menor – 1 day to 30 days 8. Custodial force shall bear in mind that
8. Bond to Keep the Peace – discretionary prisoners are sick people who need
on the part of the court. treatment.
PRESCRIPTION OF PENALTY: THE PHILIPPINE PRISON SYSTEM

20 Years – Reclusion Perpetua & Temporal
15 Years – Afflictive Penalties RA 6975 - Sec. 60 to 65, created the BJMP.
10 years – Correctional Penalties
5 years – Arresto Minor RA 10575 - The Bureau of Corrections Act of 2013.
1 Year – Crime of Libel
6 Months – Oral defamation and Slander by deed Three major government functionaries involved
2 Months – Light Offense in the Philippine
correctional system:
HABITUAL DELIQUENCY - if within a period of ten 1. DOJ
years from the date of his release or last conviction 2. DILG
of the crimes of robo, hurto, estafa, or falsification, 3. DSWD
he is found guilty of any of said crimes a third time
or oftener.
DOJ - supervises the national penitentiaries through
REITERACION - That the offender has been the Bureau of Corrections, administers the parole
previously punished by an offense to which the law and probation system through the Parole and
attaches an equal or greater penalty or for two or Probation Administration, and
more crimes to which it attaches a lighter penalty assists the President in the grant of executive
clemency through the Board of Pardons and Parole.
RECIDIVIST - one who, at the time of his trial for one
crime, shall have been previously convicted by final DILG - supervises the provincial, district, city and
judgment of another crime embraced in the same municipal jails through the provincial governments
title of this Code and the Bureau of Jail Management and Penology,
respectively.
QUASI-RECIDIVIST - Quasi-recidivism is a special
aggravating circumstance where a person, after DSWD - supervises the regional rehabilitation
having been convicted by final judgment, shall centers for youth offenders through the Bureau of
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Child and Youth Welfare. 1. Sablayan Penal Colony and Farm (Occ.
Mindoro)
I. Bureau of Corrections  16,408.5 Hectares
Bureau of Prisons was renamed Bureau of  September 27, 1954 – issued
Corrections under Executive Order 292 passed Proclamation No. 72
during the Aquino Administration. It states that the
 Youngest and fastest growing colony
head of the Bureau of Corrections is the Director of
Prisons who is appointed by the President of the under the BUCOR
Philippines with the confirmation of the Commission  Rice – principal product
of Appointments. The Bureau of Corrections has
general supervision and control of all national 2. Iwahig Penal Colony and Farm (Palawan)
prisons or penitentiaries. It is charged with the  45,385 Hectares (Ha)
safekeeping of all Insular Prisoners confined therein  November 16, 1904
or committed to the custody of the Bureau.  LT. GEORGE WOLFE – first prison
Director; former US Expeditionary Force
Coverage of the Bureau of Corrections
 GOV. LUKE E. WRIGHT – established the
a. National Bilibid Prisons (Muntinlupa, Rizal) institution for incorrigible criminals
1. New Bilibid Prisons (Main Building)  Reorganization Act of 1407 – changed
 552 hectares – Maximum security unit the policy of having incorrigible into well-
behaved criminals.
2. Camp Sampaguita  One of the best open institution in the
 RDC, Medium Security Unit and Youth
World.
Rehabilitation Center is Located.
 Sub-colonies (4):
3. Camp Bukang Liwayway o Sta. Lucia Sub-colony- 9685 Ha
 Houses 1500 Minimum Security prisoners o Inagawan Sub-colony- 13000 Ha
who work in various projects for the o Montible Sub-colony- 8000 Ha
institution o Central Sub-colony- 14000 Ha
 Tagumpay Settlement – distributed to
Note: released inmates who desire to live in the
Old Bilibid Prison (Carcel y Presidio settlement
Correccional) – also known as Mayhalique estate;
established on 25 June 1865 via royal decree. Now 3. Davao Penal Colony and Farm (Central
as Manila City Jail. Davao)
 30,000 Hectares with a prison reservation
Commonwealth Act No. 67 - a new prison was built
of 8,000 hectares
in Muntinlupa on 551 hectares (1,360 acres) of land
at an area considered at that time to be "remote".  General Paulino Santos – 1st Penal
Superintendent
Construction began on New Bilibid in 1936 with a  GOV. DWIGHT DAVIS - signed
budget of One million pesos. Proclamation No. 414 on October 7,
1931, which reserved a site for the penal
b. Reception and Diagnostic Center (RDC) colony in Davao province in Mindandao.
- renamed DIRECTORATE FOR RECEPTION AND The site offered ideal conditions for
DIAGNOSTICS (DRD) by R.A 10575 Sec. 5, agricultural activities.
Paragraph “b”  During World War II, the colony was
converted into a concentration camp
c. Correctional Institution for Women where more than 1,000 Japanese
(Mandaluyong)  Sub-colonies:
 8 Hectares
1. Panabo Sub-colony
 Situated 1st at Old Bilibid Prison, due to
2. Kapalong Sub-colony
complicated scenario they were transferred.
 Tanglaw Settlement – released inmates
 Republic Act No. 3579 in November 27,
relocated homesteaders
1929
 Dressmaking, beauty culture, handicrafts, 4. San Ramon Penal Colony and Farm
cloth weaving and slipper making. (Zamboanga)
 1,524.6 Hectares
d. The Penal Colonies:
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 August 21,1870 through a royal decree o Those sentenced to suffer a term of sentence
promulgated in 1869 of 3 years and 1 day to life imprisonment.
 GOV. GENERAL RAMON BLANCO o Those sentenced to suffer a term of
imprisonment cited above but appealed the
(whose patron saint the prison was named
judgement and unable to file a bond for their
after) temporary liberty.
2. Provincial Prisoners
5. Ilo-Ilo Penal Colony and Farm (Ilo-Ilo
o Those persons sentenced to suffer a term of
Province)
imprisonment from 6 months and 1 day to 3
years or a fine not more than 1,000 pesos, or
6. Leyte Regional Prison (Abuyog, Leyte)
both; or
 861 Hectares
o Those detained therein waiting for
 was established a year after the declaration preliminary investigation of their cases
of martial law in 1972 by virtue of cognizable by the RTC.
Presidential Decree No. 28 3. City Prisoners
 Has an inmate capacity of 500. o Those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a fine
PRISON Defined: of not more than 1,000 pesos or both.
o A penitentiary, an institution for the o Those detained therein whose cases are
imprisonment (incarceration) of persons filed with the MTC.
convicted of major/ serious crimes. o Those detained therein whose cases are
o A building, usually with cells, or other places cognizable by the RTC and under
established for the purpose of taking safe Preliminary Investigation.
custody or confinement of criminals. 4. Municipal Prisoners
o A place of confinement for those for those o Those confined in Municipal jails to serve an
charged with or convicted of offenses against imprisonment from 1 day to 6 months.
the laws of the land. o Those detained therein whose trials of their
WHO IS A PRISONER? cases are pending with the MTC.
o A prisoner is a person who is under the
custody of lawful authority. A person, who by Classification of Prisoners According to Degree
reason of his criminal sentence or by a of Security:
decision issued by a court, may be deprived
of his liberty or freedom. 1. Super Maximum Security Prisoners
o A prisoner is any person detained/confined in o A special group of prisoners composed of
jail or prison for the commission of a criminal incorrigible, intractable, and highly
offense or convicted and serving in a penal dangerous persons who are the source of
institution. constant disturbances even in a maximum
o A person committed to jail or prison by a security prison.
competent authority for any of the following o They wear orange color of uniform.
reasons: To serve a sentence after 2. Maximum Security Prisoners
conviction – Trial – Investigation – o The group of prisoners whose escape could
be dangerous to the public or to the security
General Classification of Prisoners of the state.
1. Detention Prisoners – those detained for o It consist of constant troublemakers but not
investigation, preliminary hearing, or as dangerous as the super maximum-
awaiting trial. A detainee in a lock up jail. security prisoners. Their movements are
They are prisoners under the jurisdiction of restricted and they are not allowed to work
Courts. outside the institution but rather assigned to
2. Sentenced Prisoners – offenders who are industrial shops with in the prison compound.
committed to the jail or prison in order to o They are confined at the Maximum Security
serve their sentence after final conviction by Prison (NBP Main Building), they wear
a competent court. They are prisoners under orange color of uniform.
the jurisdiction of penal institutions. o Prisoners includes those sentenced to serve
3. Prisoners who are on Safekeeping – sentence 20 years or more, or those whose
includes non-criminal offenders who are sentenced are under the review of the
detained in order to protect the community Supreme Court, and offenders who are
against their harmful behavior. Ex. Mentally criminally insane having severe personality
deranged individuals, insane person. or emotional disorders that make them
dangerous to fellow offenders or staff
Classification of Sentenced Prisoners: members.
1. Insular or National Prisoners 3. Medium Security Prisoners
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CIVIL SERVICE PROF
o Those who can not be trusted in open no. 6975 created the BJMP. It operates as a
conditions and pose lesser danger than line bureau under the Department of the
maximum-security prisoners in case they Interior and Local Government (DILG).
escape.
o It consist of groups of prisoners who maybe Mission of the BJMP
allowed to work outside the fence or walls of o The Jail Bureau shall direct, supervise and
the penal institution under guards or with control the administration and operation of all
escorts. district, city and municipal jails to effect a
o They occupy the Medium Security Prison better system of jail Management
(Camp Sampaguita) and they wear blue nationwide.
color of uniforms. Generally, they are
employed as agricultural workers. Objectives of the BJMP:
o It includes prisoners whose minimum 1. To improve the living conditions of the
sentence is less than 20 years and life- offenders in accordance with the accepted
sentenced prisoners who served at least 10 standards set by the United Nations.
years inside a maximum security prison. 2. To enhance rehabilitation and reformation of
4. Minimum Security Prisoners offenders in preparation for their eventual
o A group of prisoners who can be reasonably reintegration into the mainstream of society
trusted to serve sentence under “open upon their release.
conditions”. 3. To professionalize jail services.
o This group includes prisoners who can be
trusted to report to their work assignments
without the presence of guards. Principles of the BJMP:
o They occupy the Minimum Security Prison
(Camp Bukang Liwayway) and wear brown 1. It is the obligation of jail authorities to confine
color uniforms. offenders safely and provide rehabilitative
programs that will negate criminal
WHAT IS A JAIL? tendencies and restore their positive values
o is a place for locking-up of persons who are to make them productive and law abiding
convicted of minor offenses or felonies who citizens.
are to serve a short sentences imposed upon 2. No procedure or system of correction shall
them by a competent court, or for deprive any offender of hope for his ultimate
confinement of persons who are awaiting return to the fold of the law and full
trial or investigation of their cases. membership in society.
3. Unless provided otherwise, any person
Types of Jails: accused of a criminal offense shall be
1. Lock-up Jails presumed innocent and his rights, as a free
o is a security facility, common to police citizen shall be respected, except for such
stations, used for temporary confinement of indispensable restraints during his
an individual held for investigation. confinement in the interest of justice and
2. Ordinary Jails public safety.
o is the type of jail commonly used to detain a 4. Offenders are human beings entitled to the
convicted criminal offender to serve same basic rights and privileges enjoyed by
sentence less than three years. citizens in a free society, except that the
3. Workhouses, Jail Farms or Camp exercise of these rights are limited or
o a facility that houses minimum custody controlled for security reasons.
offenders who are serving short sentences or 5. Health preservation and prompt treatment of
those who are undergoing constructive work illness or injury is a basic right of every
programs. It provides full employment of person confined in jail and it is the duty of jail
prisoners, remedial services and facilities to arrange for their treatment subject
constructive leisure time activities. to security measures.
II. Provincial Jails 6. Members of the custodial force shall set
o Provincial Jails in the Philippines are not themselves as examples by performing their
under the jurisdiction of the Bureau of duties in accordance with the rules and
Corrections. They are managed and respect the laws duly constituted by
controlled by the provincial government. authorities.
7. No jail personnel shall be abusive, insulting,
III. Bureau of Jail Management and Penology indecent languages on the offenders.
(BJMP) 8. No jail personnel shall use unnecessary
o The BJMP exercises supervision and control force on offenders except for legitimate self-
over all cities and municipal jails throughout defense or in cases of attempted active and
the country. The enactment of Republic Act passive physical resistance to a lawful order.
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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 o In the Provincial Level, there shall be
to perform the following: designated a Provincial Jail Administrator to
1. Formulate policies and guidelines on the perform the same functions as the ARDs
administration of all districts, city and province wide.
municipal jails nationwide;
2. Formulate and implement policies for the District Office:
programs of correction, rehabilitation and o In the District Level, where there are large
treatment of offenders; cities and municipalities, a district jail with
3. Plan the program funds for the subsistence subordinate jails, headed by a District
allowance of offenders; warden may be established as necessary.
4. Conduct researches, develop and implement City and Municipal Office:
plans and programs for the improvement of o In the City and Municipal level, a city or
jail services throughout the country. 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
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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
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CIVIL SERVICE PROF
 It takes care of the social case work study of or city jail where he was immediately
the individual prisoners by making committed upon conviction by the court, and
interviews, home visits, referral to community escorted by the escort platoon during his
resources, free legal services, and liaison transfer to the National Prison.
works for the inmates. 2. CHECKING OF COMMITMENT PAPERS
4. Chaplaincy Services o the receiving officer checks the commitment
 It takes charge of the religious and moral papers if they are in order. That is, if they
upliftment of the inmates through religious contain the signature of the judge or the
services. This branch caters to all religious signature of the clerk of court, and the seal of
sects. the court.
5. Guidance and Counseling Services 3. IDENTIFICATION
 Responsible for the individual and group o the prisoner’s identity is established through
counseling activities to help inmates solve the picture and fingerprint appearing in the
their individual problems and to help them commitment order. This is to insure that the
lead a wholesome and constructive life. person being committed is the same as the
person being named in the commitment
THE RECEPTION AND DIAGNOSTIC CENTER order.
(RDC) 4. SEARCHING
This is a special unit of prison (Camp o this step involves the frisking of the prisoner
Sampaguita) where new prisoners undergo and searching his personal things. Weapons
diagnostic examination, study and observation for and other items classified as contraband are
the purpose of determining the programs of confiscated and deposited to the property
treatment and training best suited to their needs and custodian. Other properties are deposited
the institution to which they should be transferred. with the trust fund officer under recording and
It is composed of the following staff members: receipts.
1. The Psychiatrist – responsible in the 5. BRIEFING AND ORIENTATION
examination of the prisoner’s mental and o Prisoner will be brief and oriented on the
emotional make-up. rules and regulations of the prison before he
2. The Psychologist – responsible to conduct will be assigned to the RDC or the quarantine
study on the character and behavior of the unit.
prisoners. THE TREATMNENT PROGRAMS
3. The Sociologist – study the social case
situation of the individual prisoner. A. The Institutionalized Treatment Programs
4. The Educational Counselor – conducts 1. Prison Education – the cornerstone of
orientation classes in order to change inmates’ rehabilitation. It is the process or result of formal
attitude towards education and recommends training in school or classrooms intended to shape
educational program for the prisoner. the mind and attitude of prisoners towards good
5. The Vocational Counselor – to test the living upon their release.
prisoner’s special abilities, interest and skills and 2. Work Programs – these are programs conducive
recommends for the vocational course best to change behavior in morale by training prisoners
suited to the prisoner. for a useful occupation. It is purposely to eliminate
6. The Chaplain – encourage the prisoner to idleness on the part of prisoners, which may
participate in religious activities. contribute to “Prison stupor”, and it affects the
7. The Medical Officer – conducts physical incidence of Prison riot.
examination and recommends medical 3. Religious Services in Prison - The purpose of
treatment of prisoners. this program is to change the attitudes of inmates by
8. Custodial-Correctional Officer – recommends inculcating religious values or belief.
the transfer and type of custody of inmates. 4. Recreational Programs - The only program that
is conducted during free time schedule.
THE QUARANTINE CELL OR UNIT 5. Medical and Health Services - Medical and
This may be a unit of the prison or a section health services includes: Mental and physical
of the RDC where the prisoner is given thorough examination - Diagnosis and treatment –
physical examination including blood test, x-rays, Immunization – Sanitary - inspections - Participation
vaccinations and immunity. This is for the purpose of in training
insuring that the prisoner is not suffering from any 6. Counseling and Casework
contagious disease, which might be transferred to
the prison population. SECTION 9. PUNISHABLE ACTS
An inmate is strictly prohibited from committing any
ADMISSION PROCEDURES IN PRISON of the following acts:
1. RECEIVING
o the new prisoner is received at the RDC. The A. Minor Offenses
new prisoner usually comes from a provincial
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CIVIL SERVICE PROF
1. Selling or bartering with fellow inmate (s) those 5. Tattooing others or allowing him / her to be
items are not classified as contraband tattooed on any part of the body, or keeping any
2. Rendering personal service to fellow inmates; paraphernalia to be used in tattooing;
3. Untidy or dirty personal appearance; 6. Forcibly taking or extorting money from fellow
4. Littering or failing to maintain cleanliness and inmates and visitors;
orderliness in his / her quarters and / or 7. Punishing or inflicting injury or any harm upon him
surroundings; / herself or other inmates
5. Making frivolous or groundless complaints; 8. Receiving, keeping, taking or drinking liquor and
6. Taking the cudgels for or reporting complaints on prohibited drugs;
behalf of other inmates; 9. Making, improvising or keeping any kind of deadly
7. Late in formation during inmate headcount without weapon;
justifiable reason; and, 10. Concealing or withholding information on plans
8. Willful waste of food. of attempted escapes;
11. Unruly conduct and flagrant disregard or
B. LESS GRAVE OFFENSES discipline and instructions;
1. Failure to report for work detail of sentenced 12. Escaping, attempting or planning to escape from
inmates without sufficient justification; the institution or from any guard;
2. Failure to render assistance to an injured 13. Helping, aiding or abetting others to escape;
personnel or inmate; 14. Fighting, causing any disturbance or
3. Failure to assist in putting out fires inside the jail; participating therein and / or agitating to cause such
4. Behaving improperly or acting boisterously during disturbance or riot;
religious, social and other group functions; 15. Indecent, immoral or lascivious acts by him / her
5. Swearing, cursing or using profane or defamatory or others and / or allowing him / herself to be the
language directed at other persons; subject to such indecent, immoral or lascivious acts;
6. Malingering or pretending to be sick to escape 16. Willful disobedience to a lawful order issued by
work assignment; any BJMP personnel;
7. Spreading rumors or malicious intrigues to 17. Assaulting any BJMP personnel;
besmirch the honor of any person, particularly BMJP 18. Damaging any government property or
personnel; equipment;
8. Failure to stand at attention and give due respect 19. Participating in kangaroo court, an unauthorized
when confronted by or reporting to any BJMP or irregular court conducted with disregard for or
personnel; perversion of legal procedures as a mock by the
9. Forcing fellow inmates to render personal service inmates in a jail / prison.
for him / her and / or to others; 20. Affiliating with any gang or faction whose main
10. Exchanging uniforms or wearing clothes other purpose is to foment regionalism or to segregate
than those issued to him / her for the purpose of themselves from others;
circumventing jail rules; 21. Failing to inform the authorities concerned when
11. Loitering or being in an authorized place; afflicted with any communicable disease, such as
12. Using the telephone without authority from the tuberculosis, sexually-transmitted diseases, etc;
Desk Officer / Warden 22. Engaging in gambling or any game of chance;
13. Writing, defacing, or drawing on walls, floors or 23. Committing any act which is an violation of any
any furniture or equipment; law or ordinance, in which case, he / she shall be
14. Withholding information which may be inimical or prosecuted criminally in accordance with law and;
prejudicial to the jail administration; 24. Committing any act prejudicial to good order and
15. Possession of lewd or pornographic literature discipline.
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 NON-INSTITUTIONAL CORRECTION
C. GRAVE OFFENSES
- Community-Based Correction
1. Making untruthful statements or lies in any official Program
communication, transaction, or investigation.
2. Keeping on concealing keys or locks of places in HISTORY:
the jail which are off-limits to inmates; o Benefits of Clergy
3. Giving gifts, selling, or bartering with jail personnel - 13th century, a compromise between the
4. Keeping in his her possession money, jewelry, church and the King
cellular phones or other communication devices and o Judicial Reprieve
other items classified as contraband under the rules;
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CIVIL SERVICE PROF
- This is temporary suspension of the execution - it stayed only for two years
of sentence by the judge either before or after
judgment. People vs. Vera – it challenged the constitutionality
of Act 4221 on three grounds:
- Early in the 17th century, with the
1. encroaches the pardoning power of
establishment of settlements in America, English the chief Executive;
courts began to grant reprieves to prisoners 2. it constitutes an undue delegation
under sentence of death on condition that they of legislative power; and
accept deportation 3. it denies the equal protection of the
o Recognizance or “binding over for good laws.
behavior”
November 16, 1937
- This involves an obligation or promise under
- the Philippine Supreme Court (People vs. Vera, 37
oath that the accused must “keep the peace” O.G. 164) declared it as unconstitutional. It ruled that
and “be of good behavior”. said law contravened the “equal protection of the law
- Sureties or bail were usually required. clause” as it surrendered to provincial boards of
- Usually applied to any felony not capital. each province the power to appropriate or not, funds
- Led to the development of the first British for the establishment of provincial probation courts.
Probation Service.
House Bill No. 393
o Transportation
– filed by Teudolo C. Natividad and Ramon
- The sending or putting away of an offender to Bagatsing. This is the second Bill/measure that
another colony. It was an attempt to substitute attempts to establish an adult probation in the
for brutal punishment at home an opportunity for Philippines. It was passed in the lower house but
rehabilitation in a new country. pending in the senate when martial law was
proclaimed.
PERSONALITIES/TIME/DATES:
JOHN AUGUSTUS - Boston shoemaker who is The present probation law:
considered as the “Father of Probation in USA” Presidential Decree 968
- The first volunteer probation who in 1841 – Probation Law of 1976
secured the release of a drunkard at Boston - This was signed into law by then President
court by acting as surety. The offender Ferdinand Marcos on July 24, 1976 during the last
turned to be a “sober, industrious citizen” day of the first national conference on Crime Control
under his care. held at Camp Aguinaldo.
MATTHEW DAVENPORT HILL - considered the January 3, 1978 – effectivity of the application of the
“Father of probation in England” substantive provisions concerning grant of
probation.
MASSACHUSETTS - the first State where the first
practical demonstration of probation, the first use of Teudolo C. Natividad – former NAPOLCOM
the term as a court service and the enactment of the commissioner and former Congressman of Bulacan.
first probation law occurred. - Known as the “father” of Probation in the
April 26, 1878 - signing of the first probation law by Philippines.
Governor Alexander H. Rice of the State of
Massachusetts. The Law provided for the Section 32, RA 6425 (Dangerous Drug Act of
appointment and prescribed the duties of a salaried 1972) Probation is granted to drug addicts
probation officer.
JOHN SAVAGE - first paid and official probation Forms of Community-Based Programs
officer.
1. PROBATION
o It is a disposition whereby a defendant, after
HISTORY OF PROBATION IN THE PHILIPPINES conviction of an offense, the penalty of which
does not exceed 6 years of imprisonment, is
August 7, 1935 – the Philippine Legislature enacted released subject to the conditions imposed by
the Probation Act (Act No. 4221) creating a the releasing court and under the supervision of
Probation Office under the DOJ, led by a Chief a probation officer.
Probation Officer appointed by the American o Probation is a substitute for imprisonment, the
Governor-General with the advice and consent of probationer is compared to an out-patient, a sick
the United State Senate. person who does not need to be hospitalized
- This law provided probation for first because his illness is considered less serious.
offenders 18 years of age and above convicted of
certain crimes. Probationer – a person placed on probation
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CIVIL SERVICE PROF
Absconding probationer – a person whose

probation was granted but failed to report for Effects of filing an application for Probation
supervision or fails to continue reporting for a) the court may, upon receipt of the application
supervision or whose whereabouts are unknown for suspend the execution of sentence imposed in
a reasonable period of time. judgment;
Probation officer – one who investigates for the b) Pending the submission of the PSIR and the
court a referral for probation or one who supervises resolution on the application, the applicant may be
a probationer or both. allowed on temporary liberty under his bail, on a new
Petitioner – an accused or defendant who files a bail, or released on recognizance.
formal petition for probation
Disqualifications for Probation
Procedures in Applying for Probation: a. Those who were sentenced to more than 6 years
1. The offender or his counsel files a petition with the b. Those who were convicted of crimes against the
convicting court security of the state (Art. 134 to 157 except 135, 140
2. The court determines convict qualifications and and 152 of the RPC)
notifies the prosecutor of the filing of the petition c. Those previously convicted and punished of not
3. The prosecutor submits his comments on such less than 1 month and 1 day imprisonment and/or
application within 10 days from receipt of the fine of not less than 200 pesos (include those
notification punished with destierro)
4. If petitioner is qualified, his application is referred d. Those who were previously granted probation
to the probation officer for post-sentence under P.D. 968
investigation e. Those who were already serving their sentence
5. The post-sentence investigation report (PSIR) is when probation became applicable
submitted by the probation officer to the court within
60 days The Court will not grant Probation if it finds:
6. The court grants or denies the petition for a. The offender can be treated better in a mental
probation within 15 days upon receipt of the institution or other places for correction
PSIR. b. The offender is a risk to the community
c. The offense is grievous to the eyes of the
Is there a need to apply for probation to avail of community
its benefits?
- Yes, it will not be granted except upon the When Probation is granted, what conditions are
application by the accused. The necessity for such imposed by the court?
application is indicated in Sec. 4, PD 968, which a. The probationer must present himself to his
states that “the trial court may, after it shall have probation officer within 72 hours
convicted and sentenced a defendant and upon b. Report to his probation officer at least once a
application by said defendant within the period of month
perfecting an appeal. c. Not to commit another crime
d. Comply with any other lawful conditions imposed
When can a petitioner file his application for by the court.
probation?
- the law says that the application should be If the probationer committed a crime while under
made within the period for perfecting an appeal or probation, what would be the consequences?
within 15 days from the promulgation of notice of a. The probationer will be arrested for violation of the
judgment. condition of probation
b. Prosecution of the new crime committed
Is there a form prescribed for the application for c. The court will order the serving of the original
probation? sentence of the previous offense
- Yes, it shall be in the form approved be the
Secretary of justice as recommended by the How long is the period of probation?
Administrator or as may be prescribed by the SC. a. Not more than 2 years if the sentence is
imprisonment for 1 year or less
Where can we file the application for probation? b. Not more than 6 years if the sentence is
-The application for probation be filed directly imprisonment for more than 1 year but not more than
to the trial court that heard and sentenced the person 6 years.
applying for probation. Note: Probation starts upon issuance of the court
granting probation.
What then be the duty of the court after receipt
of the application? When should probation be denied?
- the trial court may notify the concerned a. The offender is in need of correctional treatment
prosecuting officer of the application at a reasonable that can be provided more effectively by his
time before the scheduled hearing thereof. commitment to an institution
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CIVIL SERVICE PROF
b. There is undue risk that during the period of a. termination before the expiration of the
probation the offender will commit another crime period (served at least 1/3 of the imposed period but
c. Probation will depreciate the seriousness of the not less than 6 months)
offense. b. termination by pardon of the probationer
(either absolute or conditional)
The offender may be released pending c. Deportation of the probationer – when an
application for probation: alien on probation is deported, probation will
a. On the same bond he filed during trial necessary be terminated.
b. On a new bond d. Death of probationer.
c. To the custody of a responsible member of the
community if unable to file bond Rights Restored after Termination of Probation
a. All civil rights suspended when the
When can the Court Modify the Conditions for offended was convicted and sentenced are restored
Probation? after the termination of probation
a. at any time during supervision b. liability to pay a fine is also discharged IN
b. after summary hearing when the probationer CASE OF SUBSIDIARY IMPRISONMENT
violated any of its conditions
c. upon application by the probation officer or the How Can Probation help in the Prevention of
probationer himself Crime?
Note: only the judge who heard and decided the - When in the community, he is helped and given
case has the power to grant, deny, modify, revoke opportunities to be productive and responsible
and terminate probation. instead of going to prison
- Hopefully, these situations restrain the probationer
OUTSIDE TRAVEL from committing crime
1. Probation officer authorized the probationer to
travel outside the area of the operation for a period How can Community help in the Success of
of 10 days but not exceeding 30 days. Probation?
2. If 30 days, Probation must file 5 days before 1. community accepting the probationers, giving
travel a request to travel outside for the approval of them a feeling of belongingness
Probation authorities. 2. community agencies and schools are being
3. If more than 30 days Probation Authorities shall opened for the training and treatment of
recommend for Court Approval. probationers
3. community leaders and layman allowing the
CHANGE OF RESIDENCE participation of probationers in developmental
1. The probationer must file a request for change of programs
residence at the city or provincial Parole and 4. religious organizations giving the probationers
Probation officer to the court approval. spiritual advice and extending their social action
2. If approved, The RTC which has jurisdiction over programs to probationers
the place shall have full control of the 5. various organizations providing temporary
probationer. housing for probationers
6. the community playing an equally important role
Who is a VOLUNTEER PROBATION AIDE? after the termination of probation, it should be ready
- he/she is a civilian of good repute and for the reintegration of the individual into community
integrity, at least 18 years of age, appointed by the life.
Probation Administration to assists the PO’s in
investigation and supervision. A VPA is not entitled Difference of Probation from Imprisonment and
to salary but is given a reasonable travel allowance. Parole:
1. Probation is an alternative to imprisonment.
Termination of Probation: Instead of being confined in prison, the probationer
after the probationer has satisfactorily is released to the community by the court with
completed the probation period, the Probation conditions to follow and is placed under the
Officer shall submit termination report to the court supervision of PO.
containing the ff: 2. Parole is a conditional release of a prisoner
a. condition of probation whereby he is placed under the supervision of
b. program of supervision and response a Parole Officer after serving his minimum sentence.
to treatment 3. Probation is a community-based approach to
c. recommendation reformation of offenders, while imprisonment adopts
the institutionalized approach.
Two ways of terminating probation: 4. Probation is handled by the Probation
1. after period of probation with satisfactory Administration while parole is administered by the
compliance with conditions of probation. Parole Board
2. Other ways of terminating probation
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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,
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the agency that grants parole to any prisoner  a temporary stay of the execution of
who is qualified to enjoy its benefit. sentence especially the execution of the
o It employs the service of Parole Officers in Death Sentence. Generally, reprieve is
providing supervision and guidance to parolees. extended to prisoners sentenced to death.
Who are disqualified for Parole? The date of execution of sentenced is set
1. Those prisoners who are sentenced with back several days to enable the Chief to
capital punishment or life imprisonment, study the petition of the condemned man for
2. Those who are convicted of treason, commutation of sentenced or pardon.
conspiracy or proposal to commit treason, Pardon
misprision of treason, rebellion, sedition or  an act of grace extended to prisoners as a
piracy, matter of right, vested to the Chief Executive
3. Habitual Offenders, (The President) as a matter of power.
4. Those who escaped from confinement or
evaded sentence, Limitations of the Pardoning Power of the
5. Those who have been granted with President
conditional pardon but violated the terms and The following are the limitations of the pardoning
conditions thereof, and power of the President:
6. Those prisoners who are serving a maximum 1) It may not be exercised for offenses in
term of imprisonment not exceeding one impeachment cases;
year. 2) It may be exercised only after conviction
by final judgment;
3. CONDITIONAL PARDON 3) It may not be exercised over civil contempt
o Conditional pardon serves the purpose of (as for refusing to answer a proper question as a
releasing, through executive clemency, a witness in a case);
prisoner who is already reformed or 4) In case of violation of election law or rules
rehabilitated but who cannot be paroled and regulations, no pardon, parole, or suspension of
because the parole law does not apply to sentence maybe granted;
him. 5) Cannot be exercised to violation of tax
Distinction of Parole from Probation 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
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which he has been convicted, that is it I. Philippine Correctional Philosophies and their
abolishes or forgives the punishment. Legal Basis
Amnesty
 a general pardon extended to a class of A. The Philippine Constitution of 1997
persons or community who may be guilty of 1. The state values the dignity of every human
political offenses. person and guarantees full respect for
 It may be exercised even before trial or human rights. (Sec 11, Art. II)
investigation. 2. No person shall be detained solely by reason
 It looks backward and puts into oblivion the of his political beliefs and aspirations. (Sec
crime that has been committed. 18 (1), Art. III)
 It is proclamated by the President with the 3. No involuntary servitude in any form shall
concurrence of congress. exist except as a punishment for a crime
whereof the party shall have been fully
INSTITUTIONAL CUSTODY, SECURITY AND convicted. (Sec. 18 (2), Ibid.)
CONTROL 4. Excessive fines shall not be imposed, nor
I. Diversification: Concept and Importance cruel, degrading or inhuman punishment
 Diversification is an administrative device of inflicted. x x x (Sec. 19 (2). Ibid.)
correctional institutions of providing varied 5. The employment of physical, psychological,
and flexible types of physical plants for the or degrading punishment against any
more effective custody, security and control prisoner or the use of substandard or
of the treatment programs of its diversified inadequate penal facilities under subhuman
population. conditions shall be dealt by law. (Sec.19 (2),
Ibid.)
II. The Classification Process
 Classification is a method by which B. The Revised Penal Code
diagnosis, treatment planning and execution “No felony shall be punishable by any
of the treatment programs are coordinated in penalty not prescribed by law prior to its
the individual case study. It is a process of commission”. (Art. 21, RPC)
determining the needs and requirement of
prisoners for assigning them to programs C. The Philippine Adult Probation Law (P.D. No.
according to their needs and existing 968)
resources.  one of the major goals of the government is
to established a more enlightened and
III. PRISON Security, Custody and Control humane correctional system that will
Security promote the reformation of offenders and
 It involves safety measures to maintain the thereby reduce the incidence of recidivism.
orderliness and discipline with in the jail or  the confinement of all offenders in prisons
prison. and other institutions with rehabilitation
programs constitutes an onerous drain on
Prison Discipline the financial resources of the country.
 is the state of good order and behavior. It  there is a need to provide a less costly
includes maintenance of good standards of alternative to the imprisonment of the
works, sanitation, safety, education, health offenders who are likely to respond to
and recreation. It aims at self-reliance, self- individualized, community-based treatment
control, self-respect and self-discipline. programs.
Preventive Discipline
 is the prompt correction of minor deviations D. PD No. 603 (Child Probation Law) - was
committed by prisoners before they become promulgated to provide for the care and treatment of
serious violations. youth offenders from the time of apprehension up to
Control the termination
 It involves supervision of prisoners to ensure of the case. Under this law, a youth offender is
punctual and orderly movement from one defined as a child, minor or youth who is over nine
place work program or assignment to years but under eighteen years of age at the time of
another. the commission of the offence.
Custody
 is the guarding or penal safekeeping, it E. Rules for the Treatment of Prisoners (DOJ,
involves security measures to insure security Jan 7, 1959)
and control within the prison. The Prison
Custodial Division carries it out. 1. The purpose of committing a prisoner to prison is
two-fold:
PENAL PROVISIONS ON CORRECTION
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a) To segregate from society a person who by

his acts has proven himself a danger to the 1. Evasion of Service under Art 157, RPC
free community; Elements:
b) To strive at the correction or rehabilitation of a) Offender is a prisoner serving sentence involving
the prisoner with the hope that upon his deprivation of liberty by reason of final judgment.
return to society he shall be able to lead a b) He evades the service of his sentence during the
normal well-adjusted and self-supporting life term of his imprisonment.
as a good and law abiding citizen. This felony is qualified when the evasion
2. There is no man who is all bad and there is takes place by breaking doors, windows, gates,
something good in all men. (Art. I) roofs or floors; using picklocks, false keys, disguise,
deceit, violence, intimidation or; connivance with
II. Penal Provisions other convicts or employees of the penal institution.
(Jail breaking is synonymous with evasion of
Delay in the Delivery of Detained Persons to the sentence).
Proper Judicial Authorities.
(Art 125, RPC), A felony committed by a 2. Evasion of Service of Sentence on the
public officer or employee who shall detain any Occasion of Disorders due to Conflagrations,
person for some legal ground and shall fail to deliver Earthquakes, or Other Calamities (Art. 158, RPC)
such person to the proper judicial authorities with in Elements:
the period of: a) Offender is a prisoner serving sentence and is
confined in a penal institution.
12 hours – for crimes or offenses punishable by light b) He evades his sentence by leaving the institution.
penalties, c) He escapes on the occasion of a disorder due to
18 hours– for crimes or offenses punishable by conflagration, earthquake, explosion, or similar
correctional penalties, catastrophe or mutiny in which he has not
36 hours– for crimes or offenses punishable by participated, and
afflictive or capital penalties. d) He fails to give himself up to the authorities within
The crime of Arbitrary Detention is 48 hours following the issuance of a proclamation by
committed when the detention of a person is without the Chief Executive regarding the passing away of
legal ground. the calamity.
The legal ground of detention are: a) A special time allowance for loyalty shall be
commission of a crime and b) violent insanity or granted. A deduction of one-fifth of the period of the
other ailment requiring compulsory requirement. sentence of any prisoner who evaded the service of
sentence under the circumstances mentioned
Delaying Release above. The purpose of the law in granting a
This is committed by a public officer or deduction of one-fifth (1/5) of the period of sentence
employee who delays for the period of time specified is to reward the convict’s manifest intent of paying
in Art 125, the performance of any judicial or his debts to society by returning to prison after the
executive order for the release of a prisoner or passing away of the calamity. Whenever lawfully
unduly delays the services of the notice of such justified, the Director of Prisons (Bureau of
order to said prisoner. Corrections) shall grant allowance for good conduct
and such allowances once granted shall not be
Delivery of Prisoners from Jail (Art. 156, RPC) revoked.
Elements: 3. Other cases of Evasion of Service of Sentence
a) The offender is a private individual, (Art. 159, RPC)
b) He removes a person confined in jail or a penal The violation of any conditions imposed to a
institution or helps in the escape of such person, Conditional Pardon is a case of evasion of service of
c) The means employed are violence, intimidation, sentence.
bribery or any other means.
The prisoner maybe a detention or The effect of this is, the convict may suffer the
sentenced prisoner and the offender is an outsider unexpired portion of his original sentence
to the jail. If the offender is a public officer or a private Infidelity of Public Officers
person who has the custody of the prisoner and who 1. Infidelity in the Custody of Prisoners through
helps a prisoner under his custody to escape, the Connivance (Art.223, RPC) A felony committed by
felony is Conniving with or Consenting to Evasion any public officer who shall consent to the escape of
(Art. 223) and Escape of a Prisoner under the a prisoner in his custody or charge.
custody of a person not a public officer (Art. 225) 2. Infidelity in the Custody of Prisoners through
respectively. This offense like other offenses of Negligence (Art. 224, RPC) A felony committed by a
similar nature may be committed through public officer when the prisoner under his custody or
imprudence or negligence. charge escaped through negligence on his part.
3. Escape of a Prisoner under the Custody of a
Evasion of Service of Sentence (Art 157-159, RPC) Person not a Public Officer. (Art 225, RPC)
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referral from another element of the criminal justice

Other Offenses or Irregularities by Public Officers system such as the police or courts. It may call
Maltreatment of Prisoner (Art. 235, RPC) changing the offender through some combination of
Elements: services, for controlling him by surveillance, or for
a) Offender is a public officer or employee, reintegrating him into the community by placing him
b) He overdoes himself in the correction or in a social situation in which he can satisfy his
handling of such prisoner by imposition of requirements without law violations. A community-
punishment not authorized by regulation or based program embrace system or any combination
by inflicting such punishment in a cruel and of these process.
humiliating manner.
The felony of Physical Injuries if committed if the Three “Revolutions” in the History of
accused does not have the charge of a detained Corrections
prisoner and he maltreats him. And if the purpose is 1. Age of Reformation – replace corporal
to extort a confession, Grave Coercion will be
punishment, exile, and physical disfigurement with
committed.
the penitentiary.
III. Good Conduct Time Allowance (GCTA) 2. Age or Rehabilitation – assumed that criminals
o Good conduct time allowance is a privilege were handicapped persons suffering from mental or
granted to a prisoner that shall entitle him to emotional deficiencies. Under this, individual
a deduction of his term of imprisonment. therapy aimed at healing these personal
Under Art.97, RPC, the good conduct of any prisoner maladjustment, because the preferred style.
in any penal institution shall entitle him to the
3. Age of Reintegration – society become the
following deduction from the period of his sentence:
amended by R.A 10592 – new GCTA “patient” as well as the offender. Much more
1. During the first two years of his emphasis is placed on the pressures exerted on the
imprisonment, he shall be allowed a offender by the social groups to which he belongs
deduction of 20 days for each month of and on the society which regulates his opportunities
good behavior. to achieve his goals.
2. During the third to the fifth years of his
imprisonment, he shall be allowed a
DIVERSION
deduction of 23 days each month of good
behavior. o This is a formally acknowledged and
3. During the following years until the tenth organized effort to utilized alternative to initial
years of his imprisonment, he shall be or continued processing into the justice
allowed a deduction of 25 days each month system. In terms of processing, diversion
of good behavior. implies halting or suspending formal criminal
4. During the eleventh and the successive proceeding against a person who has
years of his imprisonment, he shall be violated a statute, in favor of processing
allowed a deduction of 30 days each month through a non-criminal disposition or means.
of good behavior. Diversionary tactics are aimed at keeping
people out of the criminal justice system and
SPECIAL TIME ALLOWANCE FOR LOYALTY: particularly out of its institutional
o 1/5 of his period – Deduction during Art. 158 components.
of the RPC; Voluntary Surrender within 48
ORIGIN OF DIVERSION
hrs. Informal Diversion has occurred since the
o 2/5 of his period – remain even during the birth of the criminal justice system, but with only
event of Calamity unofficial recognition. The wide exercise of
discretion by police officers, particularly in the
diversionary handling of juveniles, is a case in
COMMUNITY BASED CORRECTIONS points. In fact, informal diversion occurs at every
Its Concepts stage of the criminal justice processing. The
Community based corrections include all prosecuting attorney diverts when he declines to
correctional activities that take place in the prosecute prosecutable offenses. The court diverts
community. Community based Correctional program when it avoids imposing a more severe disposition,
embrace any activity in the community directly opting for a lesser or suspended sentences.
addressed to the offender and aimed at helping him Probation is diversion epitomized.
to become a law – abiding citizen. Such a program 1. Influences which have paved the Way for
maybe under official of private auspices. It may be Diversion.
administered by correctional agency directly or by a. The insufficiency of the criminal justice
non-correctional service. It may be provided on
system.
direct referral from a correctional agency or on
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b. The desire of the citizen to become b. It will prevent social stigma – Criminal
actively involved in the system’s working. record is a serious impediment to
c. Recognition of the fact that crime is rehabilitation.
actually spawned in the community. c. It will prevent collapse of the criminal
2. Other Factors to which Contributed to the justice system. This is because few are
Development of Diversion; actually prosecuted which may result to
a. The fact that the stigma or incarceration the loss of faith by the citizen in the
might be avoided. system.
b. Professional and economic opportunities d. It offers an alternative to the counter –
would not be denied to the convicted productive practice of incarceration –
person aside from being costly, prison cannot
c. Less serious offenses might be more check recidivism.
appropriately handled by some other e. It enables the community resources to be
type of agency. more widely employed in the correctional
d. Recidivism would be reduced by behavior.
lessened opportunity for criminal 6. Disadvantages of Diversion
contagion which is inevitably present in a. Diversion by the court gives a dangerous
the penal institution. degree of discretion to the judiciary since
NOTE: there are no established guidelines.
 Diversion should be entertained only for b. It could be subverted by individuals in the
those offenders whose behavior can be system to serve purely personal
effectively dealt with in the community for the objectives.
more hardened criminals, especially those
c. The possibility of screening out serious
who had inflicted a serious degree of injury
or death, or for individuals whose psychotic offenders instead of the lesser offenders
or unmanageable behavior acquires the from whom diversion is more
security of custody, institutionalization is appropriate.
required.
3. Criteria for Screening person Eligible for TYPES OF PRE – TRIAL DIVERSION
Diversion a. Dispute – Resolution Programs – Are
a. Relative youth of the offender. mediation programs which seek to help
b. Victim’s willingness to forego conviction antagonistic parties resolve their disputes in
c. Mental or emotional impairment for which face-to-face confrontations as soon after the
treatment is available in the community act that caused the criminal complaint as
d. Crime being significantly related to a possible. The goals of these programs are:
factor, such as employment or family 1. To speed justice to those who have been
problems, that can be remedied 1- the involved in minor criminal conduct;
community. 2. To reduce the court backlog;
4. Guidelines for Screening 3. To ease interpersonal tensions in the
 It is important that the agencies operating community;
diversion programs clearly spell out the 4. To provide a form for citizens that will not
selection and operational criteria since there interfere with their jobs; and
is no standard criterion for diversion yet. The 5. To remove the stigma of an arrest record
diversion program should also be for those involved in minor personal
administered by the criminal justice disputes.
component directly concerned, such as the b. Deferred Prosecution – Operates in one or
police, the prosecutor, and the courts. two ways;
Diversion should not be contemplated where 1. When an offender is arrested, he or she may
criminal behavior has not occurred, because be screened according to a number of pre-
it is alternative mode of handling those who established criteria to determine if the
have violated criminal statute. problem can be handled through a formal
5. Advantages of Diversion diversionary program; if so, project staff will
a. It contributes to decriminalization by explain the program to the accused offender,
reducing involvement in institutional and if the offender is willing to participate in
aspects of corrections; the program, the court will be asked to defer
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formal charging. Prosecutors are usually misdemeanant of less liberty than if she or he is
willing to dismiss the criminal charges for booked.
those offenders who successfully complete
their diversionary programs. Post Booking Release
2. Under the second model, formal charges are
lodged before defendants are screened for 1. Release on Own Recognizance – is the release
their eligibility for diversionary programs. If without bail or without supervision where defendant
the court and the offender agree, criminal are put on their honor to report when schedule.
proceedings are suspended pending the 2. Unsecured Bail – Permits release without either
outcome of the findings and conclusions of a deposit or bail arranged through a bondsman; and
the program. A successful solution through differs from ROR only in that defendants is obligated
the program ensures that formal charges are to pay the established fee upon default.
dropped; failure results in formal criminal 3. Third Party Release – This is one where a
charges. relative, friend, employer, volunteer, or even social
c. Treatment Alternatives to Street Crime agency is given the responsibility for the defendant/s
(TASC) appearance in court. If a social agency is given the
These are designed to divert drug abusers responsibility, various conditions, including
away from the criminal justice system and into supervision, are usually involved.
jurisdiction of agencies offering specialized 4. Conditional Release – The defendant generally
support services. must agree to certain conditions in addition to the
TASC is centered around (1) a screening unit
court appearance, like remaining with in a defined
which attempts to identify the drug users
entering the criminal justice system and to offer geographical area, etc., and is usually associated
the program to those offenders who are eligible with third-party or supervised release, rarely use by
under locally determined criteria; (2) and intake itself.
unit which diagnose each offender referred to it 5. Monitored OR – Recognizance release and
and recommends the appropriate treatment minimal supervision are the components or this
program; (3) and a tracking unit which constantly program, where the defendant must keep the pre-
monitors the progress of its clients. Those
trial release program officer advised of his address
violating the locally determined success – failure
criteria are returned to the criminal justice and continued presence in the community by phone
system for appropriate actions. calls that prescribed intervals.
PRE TRIAL RELEASE 1. Privately Secured Bail – A private organization
Pre - trial release permits the release of provides bail for the indigent defendants who meet
defendants from jail prior to trial. It offers a series the agency/s eligibility requirements, and provides
of options that provides varying levels of services similar to those of a professional
supervision and services and can be offered at bondsman, but no cost to the bailed.
points increasingly? Deeper? Into the criminal
2. Percentage Bail – is a publicly managed bail
justice system.
FORMS OF PRE – TRIAL RELEASE program under which the offender deposits a
Pre – Booking Release percentage of bail amount, usually (10%) percent,
Kinds of Pre – Booking Release with the court clerk, when defendant appears in
1. Fields Citation – This is discretionary method of court, ninety percent (90%) of that original ten
diverting some of the pre-arraignment population percent is refunded.
back into the community at the point of arrest, and is 3. Fully Secured Bail – the defendant his or her
effected by an arresting officer who has the option of family, or professional bondsmen puts up the
releasing of the spot any misdemeanant who does security. Bondsmen may require collateral so that
not demand to be taken immediately before the they take little risk. If a defendant absconds, the
court, and the date of initial hearing is set for at least bondsman usually pursues with warrant and brings
five days following the arrest. the defendant back.
2. Station House Citation – Occurs after a police 4. Cash Bail – is demanded when the charge is not
officer has transported a misdemeanant to a police serious and the scheduled bail is low.
station, where the information provided by the 5. Supervised Release –Involves more frequent
arrested person is verified. It permits the police contact with a program officer, including phone calls
officer to make a decision on the basis of valid and meetings, than monitored OR, usually for the
information, avoids pre-arraignment, and derives the purpose of enforcing the conditions imposed.
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5. Supervised Pre-Trial Work Release – Permits willing to persuade others to support corrections and
only partial release, although permitted to participate its program. This is valuable in bidding for legislative
in a work release program during the day, the support.
defendant is this confined in jail. 3. Gatekeepers of Opportunity – The custodians
of access to important social institutions such as
A. Innovative Programs Introduced in employers, school administrators, and welfare
Corrections directors must be asked to participate and support
1. Chicago Area Project – founded by Clifford R. correctional programs.
Shaw, is a delinquency prevention programs, and 4. Intimates – peer groups on a non-official basis;
the first organized program in the U.S. to use correctional agents could work with community
workers to establish direct and personal contact with workers in dealing with traditional peer groups.
the “unreached” boys to help them find their way B. Basic Principles Underlying the
back to acceptable norm of conduct. Its procedural Philosophy of Community – Based
principles are: Corrections
a. Development of youth welfare organizations 1. All efforts consistent with the safety of
among residents of delinquency areas; other should be made to reduce
b. Employment of so-called indigenous workers involvement of the individual offender
whenever possible; with the institutional aspects of
c. Fostering and preservation of the corrections.
independence of these group. 2. Need for extensive involvement with the
2. Cambridge – Somerville Study – was the first multiple aspects of the community,
relatively rigorous attempt to test the effectiveness beginning with the offender and his world
of individual counseling with troublesome school and extending to the larger social
boys who were regarded by the teachers as headed system.
for delinquent careers. The approach was friendly 3. Community-based Corrections demand
rather than professional. This consisted in watching radically new roles for inmates, staff, and
two groups of delinquent boys, one group was to be citizens.
let alone, thus serving as a “control” to the other C. Significance of Community – Based
experimental or “treated” group. The outbreak of war Corrections
however, forced to restrict the period of operation of 1. Humanitarian Aspect – to subject
the study. anyone to custodial coercion is to place
3. Synanon House – is a communal, voluntary him in physical leopard, to narrow
setting for drug addicts, which is a private project drastically his access to sources of
devoted to the communal rehabilitation of narcotic personal satisfaction and to reduce self-
addicts. Former drug addicts live and work together esteem.
in a state of total abstinence from drugs. 2. Restorative Aspect – Concerns
4. PORT Programs – PORT is an acronym for measure expected to achieve for the
probationed Offenders Rehabilitation and Training, offender a position in the community in
established in Rochester, Minnesota, is a live-in, which he does not violate the laws. There
community – based, community directed treatment measures may be directed at change,
program for both adults and juveniles. The care of its control or reintegration; the failure of
treatment program is a combination of group offenders to achieve these goals can be
treatment and behavior modification. The individual measured by recidivism, and their
arriving at the institution is launched from the bottom success is defined by reasoning specific
level of five stage classification system which objectives set by correctional decision
proceed from minimal to maximal freedom. (Maximal makers.
freedom is freedom commensurate with that of an 3. Managerial Aspects – are of special
individual of the same age in the community). importance because of the sharp
FOUR KEY – Citizen Roles in Corrections contrast between the per capital costs of
1. Correctional Volunteer – Volunteers should be custody and any kind of community
willing to assume responsibility, more or less program. When offenders can be shifted
formalized for working directly with offenders. from custodial control to community –
2. Social Persuaders – This is done by a person of based programming without loss of
influence in the dominant social system who is
24
CIVIL SERVICE PROF
public protections, the managerial criteria

require that such shift be made.
25

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PRINCE CHEVY JOHN MANGUBAT SEDIGO

I. Basic Definition of Terms: III. Historical Perspective on Corrections

PENOLOGY defined: Important Dates and Events in the History of

Penal Management: 17th C to late 18th C – Death Penalty became

having children, crop production, growing food,

1. The Classical School Redress (Compensation) of a wrong act

Rome in 64 B.C Other places of confinement in the

o putting the offender into shame or 1. Retribution – the punishment should be

PURPOSES/JUSTIFICATIONS OF The Pioneers:

PRESCRIPTION OF PENALTY: THE PHILIPPINE PRISON SYSTEM

B. Functions: Provincial Level:

Absconding probationer – a person whose

Parole Probation Two Kinds of Pardon

a) To segregate from society a person who by

referral from another element of the criminal justice

public protections, the managerial criteria

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