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Reviewer for Correctional Administration

[email protected]

Penology- refers to the science that deals with the treatment of the prevention of crime
and the punishment of criminals, and the management of prisons and reformatories.
Corrections - refers to that branch of criminal justice administration charged with the
responsibility for the custody, supervision, and rehabilitation of the convicted
offenders.
Punishment - the redress that the state takes against the offending member.
Penalty - a punishment imposed by the statute as a consequence of the commission of
an offense.
Penal/Criminal Law - that branch of public law which defines crime, treats of their
nature, and provides for their punishment. Also, that law which prohibits an act and
imposes a penalty for the commission of it.
Prison - A public building for safekeeping person in legal custody; also a penitentiary;
or any place designated by law for the keeping of the person held in custody under the
process of law or under lawful arrest.
Jail - is a place of confinement for offenders which sentence is below 3 years, or a place
of detention of offenders who waits final judgment.
Prison – Breach - the escape of a prisoner against the will of his custodian.
Prisoner - is any person held in custody under the process of law or under the lawful
arrest.
Prisoner – at – Bar - any accused person while on trial before the court or a prisoner
actually on trial.
Workhouse/work camp/jail farm - houses minimum custody offenders serving short
sentences with constructive work programs which provides full employment of
prisoners, remedial services, and constructive leisure time activities.

Medieval concept of treating offenders

A – Corporal Punishment:
1. flogging – the most popular method of punishing crimes and has been almost
universally used to preserve family, domestic, military, and academic discipline.
2. branding – common in England but abolished in 1829.
3. mutilation – early utilized in conviction with the “lextalioses” (literally, the law a
of retaliation).
4. stock and pillory – employed in early modern times , but abolished in 1837
because its operation was directly psychological as they exposed the culprit to
public scorn.
B – Other methods:
1. confinement of the iron bars;
2. chairing the prisoners together at work or in a cage wagon;
3. ducking stool;
4. brank and gag;
5. stock and pillory.
Two Major Goals of Punishment
1. The infliction of deserved suffering on evil doers and prevention of crime.
2. Prevention of crime is future oriented.
Ancient Forms of punishment
1. death penalty
2. physical torture/corporal punishment
3. social degradation/maiming
4. banishment/exile/destierro
Contemporary Forms of Punishment
1. imprisonment
2. parole
3. probation
Significant Events in the history of Correction:
Code of King Hammurabi (Babylon 1900 BC) – is usually credited of being the
oldest code prescribing savage punishment, but in fact, Sumerian Code was nearly
one hundred years older.
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Twelve tables of wood (451-450 BC) – presented the earliest codification of Roman
law. The influence of the twelve tables extended to the 6 th century AD when they
were largely incorporated into the Justinian Code (629 AD).
Burgunian Code (500AD) – specified punishments according to the social class of
offenders dividing them into nobles, middle and lower classes, and specifying the
value of life of each person in the society according to his social status.
Benefit of Clergy – provide an escape from severe punishment as members of the
clergy such as ordained clerks, novices and nuns by subjecting them into the
jurisdiction of ecclesiastical court. Ecclesiastical punishments were more lenient
because the focus of the church was on penance and salvation of the soul rather
than in the administering of physical punishment for the purpose of deterrence or
revenge.
Securing sanctuary – in the 13th century a criminal could avoid arrest and
punishment by claiming refuge in the church for a period of 40 days. At the end of
which time, he is compelled to leave the realm of the road or part assigned to him
away from the hands of authority.
Trial by Ordeal – is the church substitute for the trial until the 13 th century wherein
guilt or innocence was determined by the ability of the accused of being unscratched
through dangerous or painful test.
Charlemagne – give bishops the power to act as real judges where enabled bishops
tribunal to rule on secular matters.
The Holy Inquisition – a general label for succession of Roman Catholic tribunals
charged with the detection and punishment of the heresy. Inquisition proper did not
begin until 1215 AD when the lateral council decided that the use of torture was
appropriate, which was supplemented by an extensive system of the informers and
detailed records kept of every element in proceedings.
Imprisonment – in the latter half of the 13 th century, under the reign of King
Edward 1, incarceration came into extensive use in England. Imprisonment was also
used by the church firstly because they were not permitted to use death penalty and
of withdrawal from association with others. It was extensively used during the
inquisition. Imprisonment was also not use in Greece, and not all in the Roman
republic but was used for minor offenses in the Roman Empire. In England in the
middle of 16th century, imprisonment was used extensively by committing vagrants
and others to the house of corrections.
Bridewell – a term for house of corrections which were used for locking up,
Employing and whipping beggars, prostitutes and other misfit. These institutions
were built around the acceptance of the value of regular work and the formulation of
habits of industry.
St. Bridget’s Well – England’s first house of correction
1576 – The English parliament passed a law calling for each country to build their
bridewells.
1703 – Pope Clement X1 built the Hospicio de San Michelle in Rome, designed for
incorrigible youths under 20 years of age, and which was the first home for
delinquent boys ever established. The institution had the motto inscribed over the
door, ‘It is sufficient to restrain the wicked by punishments, unless you render the
virtuous by corrective discipline.
Maison de force – was founded by Jean Jacques Philippe Villain at Ghent, Belgium
in 1773. The most significant new devices that has introduced were;a) felons and
misdemeanants were separated and b) women had separate quarters, and did
children.
18th century – the period of transition from corporal punishment to punitive
imprisonment.
19th Century – towards the mid-year where the punitive imprisonment was used as
a form of punishment.
Transportation of criminals – in England, was authorized at the end of 16 th
century, follow by Russians and other European countries. This system partially
relieved the overcrowding prisons. The transportation of criminals was abandoned in
1875.
Galleys – a long, low, narrow, single decked ships propelled by sails, usually rowed
by criminals, a type of ships used for transportation of criminals in 16 th century.
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Hulks – were abandoned or unusable ships, which were converted into prisons as a
means of relieving prison congestions when transportation system was abandoned
in England. These ships were permanently anchored in rivers or harbors and were
also known as “floating hells”.
Cesare Beccaria – Published his essay on “Crime and Punishment” in 1764 which
was his greatest contribution to penal law, formulating the philosophy of the
classical school.
Jeremy Bentham – Further developed the philosophy of classical school with his
hedonistic calculus. Both Beccaria and Bentham believed in the doctrine of freewill.
Panoptican Prison – A type of prison conceived by Bentham which would consist of
a large circular building of cast iron and glass containing multi-tiered cells around
the periphery. This was never been built due to high cost.
William Peru – the first leader to prescribe imprisonment as a correction treatment
for major offender.
William Penn – initiated the abolishment of corporal punishment and death penalty
at Pennsylvania, USA, except for first degree murder.
Walnut street jail – by legislative act was turned into the first American
penitentiary were the separate penitential philosophy of John Howard was
introduced.
Pennsylvania system – the type of prison system known as separate system,
because prisoners were separately confined. They lived, ate, worked, and slept in
isolation.
Auburn System – the type of prison system known as congregate system because
prisoners could work together in shops, although at night time they sleep in
individual cells.
Cat – O – Nine Tails – a slash of nine knotted throngs of raw hides attached to a
solid handle used in the administration of flogging, which was the most popular
method of corporal punishment in 18th century.
James Bennet – Director of Federal Bureau of Prison who wrote about closing the
Alcatraz Prison.
Alcatraz Prison – Opened in 1934, closed on March 21, 1963 because it was costly
in operation. Estimates were that repairs alone would run between 4 ¼ - 5 Billion
Dollars, as far as 1940, it had a per capita cost of over twice the average of all
federal institutions. When it was closed, it has 260 inmates.
Fred T. Wilkinson – the last warden of Alcatraz Prison.
Split Sentence – the imposition of penalties such as imprisonment and fine.
Australia – the place which was a penal colony before it became a country.
Convicted criminals in England were transported to Australia, a colony of Great
Britain when transportation was adopted in 1790 – 1875.
Rome – the country where the banishment was first used.
England – the country where the punitive imprisonment was used.

England, France and Spain – famous country in using transportation system, as a

form of punishment towards the end of 16th century.
Australia – the country that was a product of transportation.
Contemporary forms of Punishment
1. Death Penalty – by lethal injection, gas chamber, etc..
2. Imprisonment – for purposes of public protection, and rehabilitation by
undergoing institutional treatment program.
3. Parole – as granted by the board of pardons and parole.
4. Probation – as granted by the court that has jurisdiction of the case.
5. destierro, fines, bonds, and the like.
Justification of Punishment
1. Retribution – carried out in the form of personal vengeance, thus giving rise to
“an eye for an eye” philosophy.
2. Expiation or atonement – in the forms of group vengeance.
3. Deterrence/Exemplarity – gives lesson to the offender and would be offenders.
4. Protection – placing offenders in correctional institutions/prisons to safeguard
the society from further criminal depredations.
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5. Reformation – directed towards helping the prisoners to become a law abiding

citizens and to be productive upon the return to the community by requiring them
undergo an intensive rehabilitation program.
Juridical Condition of Penalty
1. Penalty must be productive of suffering without, however, affected the integrity of
human personality.
2. It must be commensurate with the offense.
3. It must be personal
4. It must be legal
5. It must be certain
6. It must be equal for all
7. It must be correctional
Purpose of the State in Penalizing Crimes
To secure justice, since, the state has an existence of its own to maintain, a
conscience of its own to assert, and moral principles to be vindicated. Penal justice
must therefore be exercised by the state in the service and satisfaction of a duty,
and rest primarily on the moral rightfulness of the penalty inflected
Social Defense and Exemplarity Justify Death Penalty
When a person has proven himself to be dangerous enemy of the society, the
latter must protect itself from the former by taking his life in retribution for his
offense and as an example and warning to others.
Threefold Purposes of the Penalty in the RPC

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

the felony.
2. Social Defense – as shown by its inflexible severity to recidivists and habitual
delinquents.
3. Correction or reformation – it regulates the execution of penalties consisting in
deprivation of liberties.

Scale of Penalties, RPC

Fines Classification Gravity Degree Duration

Of penalties of the offense of penalty of penalty

Above P6000 afflictive grave RP 20Y & 1 D-40Y

RT 12Y & 1D-20Y
PMy 6Y & 1D – 12Y

Below 6000,but correctional less grave PCr 6M & 1D - 6Y

Above 200 AMy 1M & 1D – 6M

Below P200 light light Amn 1D – 1M

Penalties and its Accessory (RPC)

1. Reclusion Perpetua –the convict is pardoned after 40 years, unless the Chief
Executive considers him or he unworthy for pardon by reason of conduct or
serious cause, includes civil interdiction and perpetual absolute disqualification.
2. Reclusion Temporal – involves civil interdiction and perpetual absolute
disqualification.
3. Prison Mayor and Temporary Disqualification – exception when the
disqualification is an accessory penalty, in which case, the duration is that of the
principal penalty.
4. Prison Correctional, Suspension, and Destierro – exception when the suspension
is an accessory penalty, in which case, the duration is that of the principal
penalty.
5. Arresto Mayor
6. Arresto Menor
7. Bond to keep the peace
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The Schools of Penology

1. Classical School – Developed by Cesare Beccaria, Rousseau, Montesquieu, and
Voltaire in the mid-18th century; it maintains the doctrine of “Psychological
Hedonism”, which says that the individual can calculate the pleasure and pains
in advance of his/her conduct by the results of his/her calculations. Jeremy
Bentham further developed this philosophy with his “Hedonistic Calculus”, i.e.
working out precise mathematical laws for the infliction of punishment.
Theories developed:
a) The basis of criminal liability is human free will and the purpose of penalty is
retribution.
b) That, man is essentially a moral creature with an absolute free will to choose
between good and evil.
c) It endeavored to establish a mechanical and direct proportion between crime and
penalty.
d) There is a scant regard for human element.
2. Neo – Classical Schools – arose during the time of French revolution; it maintained
that while classical school was correct in general, it should be modified in certain
details or circumstances, i.e. children and lunatics should not be regarded as criminal
or be punished.
2. Positivist School – founded by Cesare Lombroso; it denied individual
responsibility an reflected an essentially non-punitive reaction to crime and
criminality.

Theories developed:
a) That, man is subdued occasionally by strange and morbid phenomenon which
constrains him to do wrong, in spite of or contrary to his volition.
b) That, crime is essentially a social phenomenon, and as such, it cannot be treated
and checked by the application of abstract principles of law and jurisprudence nor by
the imposition of punishment fixed and determined, but rather, through, personal, and
individual investigation conducted by a competent body of psychiatrists and social
scientists.

The Beginning of Punishment and Corrections

The punishment of criminals has undergone many noteworthy changes,
reflecting custom, economic conditions, and religious and political ideas.
Close – up Perspective on Corrections. Each of the major criminological perspectives
maintains different views on the functions and the purpose of corrections.

Criminological Perspective Correctional Viewpoint

1. Classical Perspective- Correctional institutions are
designed to incapacitate known criminals and make
them so fearful of punishment.
- that they will not risk repeating their crime criminal
behavior. The threat of punishment should also deter
potential criminals. Punishment should be fair and
should fit the crime. Crime causes the need for
correction.

2. Positivist Perspective - Corrections should be used to threat the offender.

( Individual) Correctional institutions should be turned into
“therapeutic communities”. Psychologists and
Psychiatrists should help formulate prison policy and
plan treatment should fit the inmate. Social pathology
causes the need for correction.

3. Positivist Perspective - Corrections should help the inmate readjust to

(sociological) society. Vocational and educational training
should be stressed. If inmates can learn to adjust to
prison, they will be better able to adjust to the society
when released. Maintaining social order causes the need
for correction.
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4. Inter – Actionist Perspective - Prisons stigmatize inmates. Every effort should be

made to keep offenders to the community. Use of the
community – based corrections should be emphasized.
Correction causes crime.

5. Social Conflict Perspective - The “have not” go to while the “have” go free. Prisons
should not be used to punish the lower class while the
wealthy are treated leniently. Criminals of all classes
should be treated equally. Social power struggles
produce the need for correctional institutions.
6. Social Conflict Perspective - Prisons are the elements of class struggle used to
(Marxist) punish people who rebel against class
created laws. Correction should be used to treat the true
capitalist criminal. In a Marxist society, corrections
would not be needed. Capitalism creates the need for
correction.

Development of Prisons
1. The forms of executions of early punishment were barbaric; i.e. flogging,
mutilation, death by hanging, death by stoning, etc..
2. Later on, jail was introduced in Medieval Europe as place of confinement for
persons arrested and undergoing trial, and for those convicted for minor offenses.
But, however, convicted offenders were chained to galleys to man the ships of
war.
3. Then, there was this Transportation System of punishment, widely used by
England, France, and Spain, which was abandoned in the last half of 19th
century because of the agitation and protest from the colonies.
4. As a result, the development of prison to substitute for transportation, exile,
public degradation, corporal punishment, it was William Penn of Pennsylvania
who initiated the abolishment of corporal punishment and death penalty, except
for 1st degree murder.
5. Hence, prisons and penitentiaries were constructed for the confinement of
persons with longer sentences convicted of serious crime.

Concept of Penitentiary
- it came from the Latin word “Paenitentia”, which means penitence;
- the term was coined by the Great English Prison Reformer, John Howard;
- it actually referred to a place where crime and sin may be atoned for the
penitence produced;
- designed to facilitate solitary contemplation of one’s misdeeds;
- it is used, nowadays, synonymously with prison or reformatory.
-
Two Rival Prisons in the History of Imprisonment
1. Auburn Prison System – a.k.a. Congregate System. It featured the confinement
of prisoners in single cells at night and congregate work in shops during the day.
2. Pennsylvania Prison System – a.k.a. Separate System. It consisted in the
solitary confinement of the prisoners in their own cells day and night where they
lived, slept, received religious instruction or read the bible, and given the work.
Development of the Pennsylvania Prisons
The Walnut Street Jail – This statute was the beginning of the modern prison system
in the US, for its established the philosophy that was the basis for the Pennsylvania
and Auburn Prison System. Inmate worked for an 8-10 hours a day in their cells, and
they were paid for their work.
The Cherry Hill – because of the problems arises in the Walnut Street Jail it was failed
due to overcrowded population, The Cherry Hill was the first major attempt to
implement the Pennsylvania System and to answer the problem of overcrowding were
the solitary confinement of inmates at all times with work provided in their cells.
The Auburn System – In contrast to the Pennsylvania system, the Auburn plan
permitted inmates to congregate but not to communicate. The system was much ore
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economical than to the Pennsylvania System. The silent system was enforced by having
inmates eat face to back rather than face to face.

Persons Responsible for Correctional Reform

1. John Howard – visited various prison camps when he became a high sheriff of
Bedfordshire, London, England in 1773 and was able to recommend prison
reforms in his book published in 1777 entitled “ The State of Prisons in England
and Wales “, that’s why he was considered as the Great English Prison
Reformist.
Recommendations made by John Howard
a) single cell for sleeping
b) segregation of woman
c) segregation of youth from adult offenders
d) provision of facilities for sanitation
e) abolition of the fee system
2. Manuel Montesimos – Director of Prison at Valencia, Spain in 1835 who divided
prisoners into companies and appointed them as petty officers; also ,he allowed
the reduction of inmate’s sentence by 1/3 for good behavior.
3. Dometz of France – in 1839 he established an agricultural colonies for
delinquent boys and provided house father as in charge, also he concentrated on
boys reeducation where the boys were placed under the supervision of a patron.
4. Alexander Macanochie – He introduce the Progressive Human System when he
was the Supt. Of the penal colony at Norfolk Island, Australia in 1840; this
system was a.k.a. “Mark System”, where a prisoner was required to earn a
number of marks based on proper demeanor, labor, and study in order to entitle
him to a ticket of leave or conditional release which is similar to parole; he also
introduced other progressive measures such as fair disciplinary trials, building
churches, distributing books and permitting prisoners to tend small gardens.
5 stages of Macanochie’s Mark System
a) strict custody upon admission to penal colony
b) work on gov’t crews
c) limited freedom on the island within a prescribe area
d) ticket to leave
e) full restoration of liberty
5. Sir Walter Crofton – The Dir.of Irish Prison in 1854 who introduced the Irish
System which was later on called the Progressive Stage System this system
was actually a modification of Macanochie’s Mark System.

4 Stages of Irish System

a) Solitary confinement of prisoners for 9 mos., receiving reduced diet and
monotony work, that gradually progressing to a better treatment toward the end
of the first stage.
b) Assignment to public works in association with other convicts.
c) Sending to a place which was a sort of preparation for release, where the prisoner
worked without custodial supervision and exposing him to ordinary temptations
of freedom; and
d) Release of the prisoner on supervision under conditions equivalent to parole.
6. Zebulon Brockway – Became a Supt.of Elmira Reformatory in 1876 at New York,
USA., who introduced a new institutional program for boys aged 16 – 30 years
old. This was popularly known as Grade System.

3 Stages of Grade System

a) A new prisoner was classified as second grade;
b) Promoted to the first grade after 6 mos.of good behavior;
c) Another 6 mos.of good behavior in the 1 st grade would qualify him for parole.
However, he would be demoted to 3 rd grade if he committed misconduct where
he was required to show good behavior for 1st mo.before he could be classified
to 2nd grade.
 The Elmira Reformatory is considered as the forerunner of modern penology
because it had all the elements of a modern correctional system like a training
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school type that emphasized on compulsion education, case work method, and
extensive use of parole based on indeterminate sentence.
7. Sir Evelen Ruggles Brise – The Dir.of English Prison who opened the Borstal
Institution after visiting Elmira Reformatory in 1897; such Borstal Institution
was considered today as the best reform institution for young offenders, where
the system was entirely based on a individualized treatment.

6 types of Prison Labor:

a) Lease System – This measure is run by handling over management
to a private lease. Who in return of the profits gained is responsible
with the expenditures at the institution as well as discipline and
maintenance.
b) Contract System – In this method, the state retains control and
supervision while the contractor pays the state for the labor toiled
by the convicts.
c) State Use System – In this system, products made in the state run
institution are mainly used by the gov’t.
d) Price-Piece System – In this system, a private contractor supplies
the raw materials and the state charges the cost of labor based on
the output products.
e) Public Account System – The state is the sole proprietor and sells
the products made in prison to open market.
f) Public works system – The prisoners are utilized in the
constructions of roads, bridges, buildings, dams, and other similar
structures.

Classification of Inmates:
a) Maximum Security Groups – This shall include high security risk or highly
dangerous inmates as determined by the classification board who requires an
extreme degree of supervision and control. i.e. escapees, recidivists, penalty of
RP..
b) Medium Security Group – this shall include those who cannot be trusted in less
secured areas whose conduct or behavior requires minimum supervision. i.e.,
sentenced for 20 years below, 1st time offenders..
c) Minimum Security Group – this shall include who maybe reasonably trusted to
serve their sentence under less restricted conditions. i.e., physical handicap, 65
years old..

Color of Uniform as to Security Classification

a) Maximum Sec. tangerine
b) Medium Sec. blue
c) Minimum Sec. brown
d) Detainee gray

Bureau of Corrections was formerly known as Bureau of Prisons which was created by
virtue of the Reorganization Act of 1907. it is headed by Dir., the bureau of Corrections
has an authorized strength of 2,362 employees, 61% of whom are custodial
officers,33% are administrative personnel and 6% are members of medical staff.

Rank Classification of Corrections Officers:

Director Chief BuCor
Deputy Dir. Asst. Chief BuCor
Supt. Chief of Prison
Deputy Supt. Asst. of Prison
Line officers
Commander of the guards
Shift commander
Dormitory keepers
Field guards
Gate guards
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Historical Background of Corrections in the Philippines

Spanish Regime:
The Old Bilibid Prison was established on 1847, at Manila;
The San Ramon Prison and Penal Farm was established on 1870, at Zamboanga City;
American Regime:
The Iwahig Prison and Penal Farm was established on Nov. 16, 1904, at Puerto
Prinsesa, Palawan.
The Correctional Institution for Woman at Mandaluyong City was established on 1931.
The Davao Prison and Penal Farm was established on Jan. 21, 1932 at Panabo, Davao
del Norte.
In the year 1932, the Old Bilibid Prison was renamed and transferred to Muntinlupa
City, the New Bilibid Prison.
Philippine Republic:
The Sablayan Prison and Penal Farm were established on Sept. 27, 1954 at Occidental
Mindoro.
The Leyte Regional Prison was established on Jan. 16, 1973 at Abuyog, Leyte.
The Correctional Institution for Women in Mindanao was established on 2007 at
Panabo, Davao del Norte. This is with the cooperation a joint effort with the Dapecol
and CIW.
Jails In Relation to Prisons
Jail is under DILG while Prison is under DOJ;
Jail is managed by BJMP while Prison is managed by BuCor;
Jail is created under RA 6975 or The DILG Act of 1990, while Prison was created
under the Reorganization Act of 1907 otherwise known as The Prison Law;
Jail shall be headed by the Director of BJMP, while Prison is headed by Dir.of Prison;
District Jail is headed by a Warden, while Penal farm is headed by a Supt...
Although Prisons and Jails are separate and co-equal entities, the Prison Law requires
that jails should be inspected by the Dir.of Prisons. In addition, the Dir.of Prisons has
aquired supervisory power over jails in the form of recommendations and advisory
functions.

Types of Jails:
1. Lock up Jails – this is a security facility operated by personnel of the law
enforcement units for temporary detention of persons under investigation
or awaiting preliminary investigation, in conformity with the law, the
maximum period of detention for light, less – grave, and grave offenses
are 12, 18, 36 hours, respectively.
2. Ordinary Jail – this facility houses prisoners convicted of offenses which
the punishment does not exceed 3 years of imprisonment and those with
pending cases before the courts, it is administered and run by the
personnel of the BJMP.
3. Workhouse Jail – also known as Jail Farm or Camps, such facility
operates small scale cultivation of crops by minimum security prisoners.
This would be ideal for municipalities with a large number of inmates.

Rank Classification of Jail Officers;

Director Chief of Jail Bureau
Chief Supt. Deputy Chief of Jail Bureau
Senior Supt. Asst. Regional Director of BJMP
Supt. Provincial Warden
Chief Insp. District Jail Warden
Senior Insp. City/Municipal Jail Warden
Inspector
SJO4
SJO3
SJO2
SJO1
JO3
JO2
JO1
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Categories of Prisoners under PD 29

1. Municipal Prisoners – are persons convicted to serve a period of imprisonment
of not more than 6 mos..
2. Provincial/City Prisoners – are persons who by reason of their sentence maybe
deprived of liberty of not more than 3 years and to pay a fine of not more than
1000 pesos or both.
3. National Prisoners – refers to prisoners who by reason of their sentence maybe
deprived of liberty of more than 3 years and to pay a fine of more than 1000
pesos.
4. Detention Prisoners – are those without judgment are not required to work but
only required to polish themselves for hygienic or sanitary purposes. However, by
virtue of RA 6127 a detention Prisoner should manifest in writing his intention to
work and if permitted he would be entitled for 4/5 credit for time spent in jail
while under trial. Otherwise, 1/5 credit for time spent in jail shall be given in
case he is convicted by final judgment and would be deducted from his jail or
prison service.

Safekeeping – is the temporary custody of a person or the detention of a person for his
own protection or care, to secure him from harm, injury or danger.
Judgment – is the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition of the proper penalty and civil liability provided
by the law on the accused.
Promulgation of Judgment – It is promulgated by reading the same in the presence of
the accused and the judge of the court in which it was rendered.
Mittimus Order – A warrant issued by the court bearing its seal and the signature of
the judge directing a correctional facility to receive a convicted offender for service
imposed therein.
Commitment Order – a warrant or order by which a court, directs an officer to take
the person into prison.
Punishment – It is the implication of some sort of pain on the offender for violating the
law, or is an instrumental use of one man for the benefit of the other men.
Admission Procedures:
1. Checking of commitment papers – the commitment paper is in due form if it bears
the signature of the judge, the seal of the court, and the signature of the clerk of the
court.
2. Establishing the identity of the prisoner – this is done by comparing and examining
the fingerprints and photograph of the inmates contained in the commitment order.
3. Searching the prisoner – a complete searching is undertaken to look for
contrabands.
4. Issuance of clothes and equipment – the newly admitted inmate shall be provided
with two regulation uniforms and two t-shirts in accordance with the degree of the
sentence.

Color of the uniform:

Maximum – tangerine
Medium – blue
Minimum – brown
Detainee – gray

5. Orientation procedure – pertaining to the rules and regulations of the prison

6. Testing programs – psychological or psychiatric examination is done to insure that
the inmate is responding positively to the program.
Diversification – Is the segregation of all types of prisoners depending on their
personal circumstances.

Types of Diversification:
a) Diversification by age – minors should be separated from adult offenders
b) Diversification by sex – females should be separated from male offenders
c) Diversification by degree of custody – prisoners are segregated based on the
duration or length of their sentence imposed.
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Classification Process – is mainly attributed with successful treatment programs of

convicts. It is achieved by the development of integrated and realistic programs of
treatment as well as proper placing of categories of the prisoners. It refers to a method
by which diagnosis, treatment, planning, and execution of the program are coordinated
in the individual case. The RDC handles the first two phases.
Procedures of Classification:
a) Diagnosis
b) Treatment Planning
c) Execution of treatment program
d) Re-Classification

The Reception and Diagnostic Center (RDC)

The RDC is a specialized service designed to serve big correction system. The
casework or diagnosis and treatment of the convicts are held at the RDC for a period of
60 days commencing from their commitment to prison. 5 days shall be prescribed for
the quarantine period. The remaining 55 days shall be reserved for psychologist,
psychiatrist, sociological, educational, vocational, and religious examination.
Executive Clemency – is an act of grace by the President granted to a person who has
been sentenced by final judgment of the court.
Absolute Pardon – is a form of executive clemency that exempts the individual of all
criminal liability without any condition. It can also be granted at any time by the
President starting from the time the prisoner serves his sentence.
Conditional Pardon – is a form of executive clemency that grants an individual with
certain limits or conditions, from the punishment the law inflicts for the crime
committed.
Parole – refers to the conditional release of an offender from penal of correctional
institution after he has served the minimum period of his prison sentence under the
continued custody of the state and under condition that permit his reincarceration if he
violates a condition for his release. It will be given by the BPP.
Amnesty – a general pardon for offenses against the government primarily in cases
where groups, classes or sections are involved. Given by the Pres., with the
concurrence of the congress.
Probation – is a disposition under which a defendant, after conviction and sentence is
released subject to the conditions imposed by the court and to the supervision of the
probation officer.
Commutation of Sentence – is a form of executive clemency that changes or modifies
the punishment of a sentenced prisoner to a lesser penalty.
Reprieve – the temporary stay of the execution of the death sentence.
Good Conduct Time Allowances – is a provision that reduces imprisonment and
lawfully justified, granted by the Dir.of Corrections for good conduct. It is a reward for
good conduct whereby a prisoner receives partial remission or reduction of his prison
sentence. The GCTA once granted it cannot be revoked.

1. during 1st to 2nd year – 5 days foe each month

2. during 3rd to 5th year – 8 days for each month
3. during 6th to 10th year – 10 days for each month
4. during 11 years and so on – 15 days for each month

Special time allowance for loyalty – a deduction of 1/5 of the period of his sentence
after a convict gives himself to the authority within 48 hours following the passing of
calamities/catastrophes.
Prescription of Crime – is the forfeiture or loss of the right of the state to prosecute
the offender after the lapse of a certain time.

Distinction between Pardon and Amnesty

Pardon – includes any crime and is exercised individually by the President. It is also
given when the person is already convicted.
Amnesty – is a blanket pardon to classes of persons or community who may be guilty
of political offenses. It can be exercised even before the trial, on the trial, or after the
final judgment.
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Pardon – looks forward and receives the offender from the consequences of the offense
which he has been convicted that is abolishes or forgives the punishment.
Amnesty – looks backward abolishes and put into oblivion the crime itself.
Pardon – being private act of the President and must be pleaded and proved by the
person pardon.
Amnesty – being proclamation of the President with the concurrence of the congress.
Parole in the Philippines is governed by the Indeterminate Sentence Law, also known
as, RA 4103.

Distinction between Indeterminate and Determinate Sentence

Indeterminate Sentence – if the sentence provided a minimum and maximum period,
while
Determinate Sentence – has only one period of the sentence of the court.
Usually, the gap in the periods in the sentence is wide enough to permit the Board of
Pardon and Parole to study and act on the parole petition to any prisoner who is
qualified.

How Criminal Liability is Totally Extinguished?

1. by the death of the convict
2. by service of sentence
3. by amnesty
4. by absolute pardon
5. by prescription of crime
6. by prescription of penalty
7. by marriage of the offended woman

Partial extinction of criminal liability

1. by conditional pardon
2. by commutation of sentence
3. GCTA

What are the effects of the Pardon given by the President?

1. A pardon shall not restore the right to hold public office or the right of suffrage,
except when such rights are expressly restored by the terms of pardon.
2. It shall not exempt the culprit from payment of civil liability.

Distinction between pardons made by the offended party from a pardon given by
the President.
1. Pardon made by the President shall extinguish the criminal liability of the offender
but not the civil liability.
2. Pardon made by the offended party shall extinguish the civil liability of the offender
but not the criminal liability.
3. Pardon made by the President should be given after the final judgment.