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THE UNIVERSITY OF MANILA

College of Criminology

SUBJECT – INSTITUTIONAL CORRECTIONS

DEVELOPMENT OF MODERN CORRECTIONAL

CONCEPTS AND STANDARDS

Development of Prisons - Prisons evolved as a substitute for transportation exile, public

degradations particularly corporal punishment, and the death penalty In the United States where .prisons
were first established, imprisonment was introduced as a substitute for corporal punishment and death
penalty when, by the provision of the Pennsylvania Reform Law 1790, corporal punishment was
abolished and the list of offenses punishable by death was reduced to on one offense — that of first
degree murder. As the: United States and Europe curtailed the use of the death penalty, prisons and
penitentiaries were constructed to take care, of the unexecuted and unpardoned criminals: Long
sentences required prisons and penitentiaries that were not places of detention or those awaiting trial or
short .sentences but for a lengthy stay of offenders convicted of serious crimes.

The Auburn and Pennsylvania Systems —Two rival prison systems appeared in the scene
during the early history of imprisonment, namely, the Auburn and the Pennsylvania prison system,
established in. 1819,and 1829, respectively. The features of the Auburn stem were confinement of the
prisoners in single cells at night and congregate work in shops during the day. The features of the
Pennsylvania system were confinement of the prisoners in their own cells day and night Both the Auburn
and Pennsylvania -systems observed complete silence. States of the United which constructed their
prisons patterned them after the Auburn prison system, while European countries adopted the
Pennsylvania system.

The Reformatory Movement — There was no significant progress in prison work worth
mentioning until the middle of the 19 th century. Most of the prisons established between 1819 and 1870
were constructed on the basis of a program espousing the punitive philosophy, the features of which were
mass treatment, enforced silence, idleness regimented rules and severe punishment.

In Europe, several penal administrators can be mentioned as among those who contributed to the
progressive development of the reformatory system: Manuel Montesinos, who was the Director of the
prisons of Valencia, Spain, in 1835, divided prisoners into companies and appointed prisoners as petty
officers in charge Academic classes of one hour a day were given all inmates under 20 years of age.

Domets of France established and agricultural colony for delinquent boys in 1839. The boys were
housed in cottages with house fathers as in charge. The system was based on re-education rather than
force. When discharged the boys were placed under the supervision of a patron.

In England, Alexander Maconochie, superintendent, of the penal colony at Norfolk Island in

Australia, introduced a progressive humane system to substitute for corporal punishment. When a
prisoner earned a required number of marks, he was given his ticket of leave, which is the equivalent of
parole. Maconochie introduced several other progressive measures which aimed at rehabilitating
prisoners. He introduced fair disciplinary trials, built churches, distributed books, allowed plays to be
staged,; and permitted prisoners to tend small gardens. For his progressive administration of prisoners,
Maconochie should be considered one of the fathers of modem penology.

One of the most, famous contributors to the reformatory movement was Sir Walter Crofton,
Chairman of the Directors of Irish prisons. In 1856, Crofton introduced the Irish system, latter on called
the progressive stage system. The first stage of the Irish system was solitary confinement for nine months
at a certain prison. The prisoners at this stage were given reduced diet and allowed monotonous work.
The prisoner progressed to a more interesting work, some education, and better treatment toward the end
of the first stage. The second stage was an assignment to the public works at Spike Island. The prisoner
worked his promotion through a series of grades, according to a mark system, and wore a badge of
distinction to show his status. The purpose of the mark system and the progression through grades was
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to shorten the length of stay. In the third stage the prisoner was sent to Lurk or Smithfield which was a
sort of preparation for release. Here, the prisoner worked without custodial supervision and was exposed
to ordinary temptations of freedom. The final stage was the release an supervision under conditions
equivalent to present day parole. The important thing to remember, in the Irish system is that Crofton
attempted to place the responsibility for self improvement on the prisoner himself through successive
stages.

In 1876, the New York State reformatory at Elmira opened with Z. R. Brockway as
superintendent. Brockway introduced in Elmira a new institutional program for boys from 16 to 30 years of
age. The new prisoner was classified as second grade and was promoted to first grade after six months
of good behavior. Mother six months of good behavior in the first grade qualified him for parole. If the
prisoner committed a misconduct he was demoted to third grade where he was required to show good
conduct for one month before ‘he could be reclassified to second grade. The Elmira system was based on
the indeterminate sentence and parole. Elmira had all the elements of a modern correctional-system, so
that this Institution is often referred to as the forerunner of modern penology.

In England, Sir Evelyn Ruggles Brise, Director of English prisons, after visiting Elmira in 1897,
opened a Borstal Institution near Rochedi in Kent. The Borstal institutions of England are today
considered as the best reform institutions for young offenders.

The Golden Age of Penology -- The period from 1870 to 1880 was ailed the “Golden Age of
Penology” because of the following significant events:

1. In 1870, the National Prison Association, now American Correctional Association, was
organized and its first annual Congress was held in Cincinati, Ohio. In this Congress the
Association adopted a “Declaration of Principles,” so modem and comprehensive in scope that
when it was revised in the prison Congress of 1933, few amendments were made. Since its
founding the Association has held annual congresses of corrections and has taken active
leadership in reform movements in the field of crime prevention and treatment of offenders.
2. In 1872, the fast International Prison Congress was held in London, It was attended by
representatives of the governments of the United States and European countries. As a result
of this congress, the International Penal and Penitentiary Commission, an inter-governmental
organization, was established in 1875 with headquarters at the Hague. The IPPC held
international congresses every five years. In 1950, the IPPC was dissolved and its functions
were transferred to the Social Defense Section of the United Nations.
3. The Elmira Reformatory, which was considered as the forerunner of modem penology, was
opened in Elmira, New York in 1876. The features of Elmira were a training school type of
institutional program, social case work in the institution, and extensive use of parole.
4. The first separate institutions for women were established in Indiana and Massachusetts.

The Decline of the Reformatory Movement — The Reformatory system movement: subsided
gradually following the opening of Elmira because of the founders’ lack of faith in the effectiveness of the
program. The defect of the system was laid on the lack of attempt to study criminal behavior from which to
base treatment. By 1910, it was generally conceded that the reformatory system is the United States was
a failure in practice. It was not until .1930 that the reformatory idea was revived the direct result of the
revamp of the educational program of the Elmira Reformatory.

The Industrial Prison Movement — The Elmira Reformatory movement was succeeded by the
Industrial Prison movement. The U.S. Commonwealth preferred the Auburn prison system to the
Pennsylvania prison system because of its congregate wink program the value of prison labor began to
be recognized in every prison system of the contribution that the work program gave to the finances of the
institution. As the economic problem during the depression years became more acute, the need for more
income from the operation of the work programs in prison became more deeply felt. State governments
could hardly afford to provide, the funds with whit to nm the prisons because of the economic depression
that hit the United States -before -and in the early 1930’s. The operation of industries inside penal
institutions was, therefore, considered a noble innovation that helped support the pits. Nearly every—
prison, therefore, was converted into a factory engaged in, the manufacture of articles which were sold in
the open market for profit.

At about this time it was observed that there was a sudden increase of criminality in the United
States some people attributed the increase of criminality to the depression. The United States Congress
created a Congressional Committee to investigate the cause of the high incidence of that the rise in
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criminality was caused by the increase in recidivism and repeater ship in crime, and that the increase in
recidivism and habitual delinquency was attributed to the abandonment of the rehabilitation program in
penal institutions in favor of the operation of industries. As a remedial measure, Congress passed a law
in 1934, winch in effect, prohibited the sale of prison-made articles to the public, and limited their use to
government-owned institutions and agencies This law put an end to the Industrial Prison Movement.

The most recent developments in correctional system are the diversification, adult penal
institutions and the individualization of treatment and training of prisoners. State correctional systems
have adopted California’s system of diversification by institution and. diversification within the institutions.
Today, no prison system which has for its aim the rehabilitation of prisons can operate effectively without
these programs.

Development of Probation — Probation started in England with the old practice of suspending
judgment and releasing the offender on his own recognizance with the promise not to commit any more
crime. Often times, a surety was required and the guarantor was given the authority to bring back the
offender to the court if he violated the conditions of his release. In the United States, probation was
practiced in Boston by John Augustus in 1841. Although the first probation law was passed in
Massachusetts in 1878 it was not until the passage of the first Juvenile Court law of Cook County
(Chicago) in 1899 that probation was widely used. Today, probation has won public acceptance as part of
the state correctional system by nearly all countries in the world.

In the Philippines, Act No. 4221 of the Philippine Assembly established adult probation, but it was
abolished in 1937 after two years of existence because it was declared unconstitutional in the case of
People vs. Vera, 37 O.G. 164, However probation for adult offenders was re-established by Presidential
Decree No.968 which was signed by President Ferdinand E. Marcos on July 24; 1976.

Development of Parole — the first parole law was passed in Massachusetts in 1837. At about
the same time, Captain Maconochie, in charge of the English Penal Colony in Norfolk Island, Australia,
introduced a system whereby a prisoner was given a “ticket of leave” (the equivalent of parole) after
earning a -certain required number of marks. Parole was also a feature of the Irish Prison System which
was established in 1856. Parole in the Irish System was based on an indeterminate sentence and the
mark system. The Elmira Reformatory, likewise, had a limited form of indeterminate sentence and a
method of -marks similar to the Irish system, and parole based on marks. The principal defect of early
parole systems was the manner of determining eligibility - for parole. It was the general practice to release
the prisoner on parole after the prisoner had acquired the required number of marks or credits. Today,
good parole practices base release not, only on the record of work and conduct of the prisoner but on the
prospective parolee’s successful adjustment to the community. The other defect of parole then was the
lack of supervision of the parolee in the community. It is now an indispensable element of parole to
provide parole officers to supervise parolees in the field. Hardly can one find a correctional system
without parole at this time.

The Concept of Penology

Penology is the study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. It is a term derived from the Latin word
“POENA” which, means pain or suffering.

Penology
Penology is also otherwise known as Penal Science. It is actually a division of criminology that deals with
prison management and the treatment of offenders, and concerned itself with the philosophy and practice
of society in its effort to repress criminal activities.

Principal Aims of Penology:

1. To bring light in the ethical barriers of punishment, along with the motives and purposes of society
inflicting it.
2. To make comparative study of penal laws and procedures through history between nations.
3. To evaluate the social consequences of the policies enforced at a given time.
Penal Management
Penal management is the manner or practice of managing or controlling places of confinement as in jails
or prisons.
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CORRECTION
Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the body
of knowledge and practices of the government and the society in the general involving the processes of
handling individuals who have been convicted of offenses for purposes of crime prevention and control.

Forms of Punishment: Ancient to Contemporary

Early Forms of Punishment — The earliest forms of punishment were death, torture, maiming
and banishment. The jail was introduced in Medieval Europe as a place of confinement of persons
arrested and undergoing trial, and for those convicted of minor offenses such as vagrancy , gambling and
prostitution Death, corporal punish- met and banishment were the penalties for offenses which today are
punishable by imprisonment. Later, convicted offenders were chained to galleys to man the ships of war.
England, France and Spain used transportation System of punishment by indenturing their convicts to
penal colonies where they served as slaves until they completed the service of their sentences.

Transportation of offenders to penal colonies was practiced principally by European countries that had
acquired distant colonies because of the need to import labor into these colonies England, more than any
other imperialistic country in Europe, made extensive Use of transportation. England began sporting
prisoners in 1718, by sending her convicts to the American Colonies until the American Revolution. When
the colonies obtained their independence, England diverted her convicts to Australia and New Zealand.
England abandoned transportation of prisoners in the last half of the 19th century, after much agitations
and protests on the part of the colonies.

BASIC APPROACH INSTITUTIONS

The primary concern of penology is what to do with the prisoner. An old approach to this
fundamental calls for his elimination, or at least his banishment and isolation from society. But the era of
purely vindictive societal reaction has given way to the humane treatment of criminal offenders resulting in
the present-day policy or rehabilitation and reformation.

In this connection, there are three main schools of thought or approaches with regard to the
treatment of criminals. These schools are better known as the 1) classical, 2) neo-classical, and 3)
positive or Italian.

Classical School.

This school lays stress on the crime and not on the person or criminal offender. In this approach,
punishment which is retributive and punitive is standardized and proportioned to the gravity and nature of
the offense. It assumes that every individual has free will and knows the penal law. Moreover, it
postulates that man is a rational and calculating being who acts with reference to feelings of pleasure and
pain; thus he will refrain from criminal acts if the punishment imposed is sufficient to cancel hope of
possible gain or advantage.

Hedonism wherein an individual calculates pleasure and pain in advance of action and regulates
his conduct by the results of his calculation. The general proposition therefore of this school is: “It is
necessary to make undesirable acts painful by attaching punishment to them and to make the amount of
pain thus entirely different so that a prospective criminal could make his calculation on it and make it just
sufficient so that the pain would exceed the pleasure.” Hence, imposition of punishment must be the
same for all individuals, regardless of age, mentality, social status and other personal conditions of
criminal offenders.

Neo-Classical School

This approach to penology arose at the time of the French Revolution and the period immediately
thereafter. It maintains that while the classical school doctrine in general is correct it should be modified in
certain details. It argues that since children and lunatic persons cannot calculate pleasure and pain, they
should not be regarded as criminals and as such they should not be punished. The reaction to crime,
therefore under this school is no longer punitive; punishment is imposed on some lawbreakers but not on
others. By implication, individual responsibility was taken into account. Subsequently, it would be
necessary for the administrators of justice to consider the psychology and sociology of crime.
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Positive School.

This school views crime as a social phenomenon and attaches importance to the criminal
offenders. To this effect, a criminal is like a sick man who needs not to be punished but treated in a
hospital so that his illness which has something to do with the commission of crime may be cured. The
concept of guilt must be substituted with that of “Social Behavior,” the incurable criminal is to be treated
and the correctional institution is to constitute a criminology hospital.

Hence, criminal offender should be considered as part of and not apart from society. It is through
the prisoners themselves as individuals and through their own efforts with the humanistic understanding
of society that the ultimate objective of the correctional institution to rehabilitate them will be achieved.

The Three Aims of Correctional Reforms.

“For the first time in the concept of Philippine Criminal Justice System, the following are the three
aims of correctional reforms, to wit”:

1. To provide judges with more options to deal with offenders through the use of probation, day
fines, commitment to community treatment centers, pre-trial release, and other measures short of
imprisonment.

2. Improving condition in prisons and jails, including decongestion, improved housing, more
effective medical, educational, vocational training, and rehabilitation program services.

3. Establishing an integrated correctional system that will insure the development of a unified
philosophy of treatment, implementation of uniform standards and policies, effective programs
planning and development, and efficient delivery of services to offenders while at the same time
protecting the interest and welfare of society.

Philippine Prisons System.

“Of the components of the Criminal Justice System, correction is considered the weakest, mainly
because of its failure to reform offenders and prevent them from returning to a criminal life.

In the Philippines, correctional institutions are generally thought of as limited to jails and prisons.
This is so because in our system of criminal justice, imprisonment is the most commonly-used method of
dealing with criminals. In fact, it is oftentimes the only option given the judges in meting out penalties to
convicted offenders, except in certain minor cases where a fine may be imposed.

Correctional services in the Philippines are primarily the responsibility of the Bureau of Prisons
under the Department of Justice. In the strategy of social defense in the Philippines, the Bureau of
Prisons is entrusted with two broad goals:

1. To segregate from society persons who by their acts have proven themselves dangerous to
society; and

1. To strive at the correction of these prisoners with the hope that when they return to society,
they shall be able to lead normal, well-adjusted, self-supporting and useful lives as useful and
law-abiding citizens.”
In line with this, there are more than 1,500 correctional institutions in the Philippines. Of this
number, eight are national prisons under the supervision and control of the Director of Prisons; 72 are
provincial jails, administered by the provincial governors and assisted by jail wardens; and 61 are city and
1,445 municipal jails which are administered by the local police agencies under the Philippine National
Police.

HISTORY OF EARLY PHILIPPINE PRISONS

The Organizational Set-Up of the National Bureau of Prisons.

The basic law on the Philippine Prison System is found in the Revised Administrative Code,
otherwise known as the Prison Law. The law specifically referred to is in Sections 1705 to 1751 of the
said Code.
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The Prison Law states that the head of the Bureau of Prisons is the Director of Prisons who is
appointed by the President of the Philippines with the confirmation of the Commission on Appointments.
The Bureau of Prisons has general supervision and control of national and provincial prisons and all penal
settlements and is charged with the safekeeping of all prisons confined therein or committed to the
custody of the said Bureau.

THE PHILIPPINE PRISON SYSTEM

Prior to the coming of the Spaniards and immediately soon after their arrival, the penal system
of this country was jurisdictionally local and tribal. It consisted mostly of native mores and customs
administered by regional chieftains. The more notable ones were those of Datu Sumakwell’s, the
Maragtas Code, Code of Kalantiao, Sikatuna and others. The most extensive, the Kalantiao Code,
was comparable with Greek and Roman Laws of the time as well as with their contemporary Spanish
and English criminal laws.

Upon the occupation of the Philippines by the Spaniards dating as far back as 1521, and at
various later dates when formal occupation of the different villages were effected by the Spanish
“conquistadores” the laws which were introduced in the Philippines were the royal decrees, orders,
ordinances, rules and regulations for the government of the colonies promulgated by the King of
Spain from time to time and later on incorporated into “Recopelacion de las Leyes de India.” These
were enforced until 1887, when the Penal Code of 1870 of Spain with some minor changes, which
were recommended by the Code Committee for the Oversea Provinces (Pronvicas de Ultramar) in
order to suit local conditions, were put into effect.

By virtue of a Royal Decree of September 4, 1884, the Code thus prepared by the Code
Committee was ordered enforced in the Philippines. Some of the objections to the enforcement of the
Code were raised by the “Gobierno General” to the Minister of Ultramar, but notwithstanding such
objections, in a subsequent Royal Decree dated December 17, 1886, the Code was ordered
promulgated, The Penal Code together with the “Ley Engiciam1ento Criminal” were then enforced,
both laws taking effect four months thereafter, in accordance with the provisions of the Decree
“Legislacion Ultramarina” of March 13, 1887.

The Bilibid Prison: With the effectivity of the Spanish Penal Code in the country, it was then
necessary to establish a system of incarceration. So in 1i the construction of the Bilibid Prison started.
This institution became the central place of confinement for Filipino prisoners. Prior to the
establishment of Bilibid Prison, prisoners were confined in jails under the jurisdiction of
Commandancias where law enforcement units were stationed. Commandancias were established in
practically every province of the country. In 1865, the Bilibid Prison was opened by virtue of a Royal
Decree of the Spanish Crown.

The plan of the old Bilibid was such that the brigades were constructed in a radial spoke-of-a-
wheel form. For easy commanding control, a central tower was placed at the center of pokes. This
was the most important tower post then under the command of the Officer of the Day. The brigades
made of strong ad e stones were so sturdy that even to this day, after their transfer to the city
government of Manila, they still stand and are being used by the City of Manila as the City Jail.

The New Bilibid Prison — The Bilibid Prison continued as the main national prison until 1941
when it was transferred to a new site in Muntinlupa, Rizal. The old prison had become overcrowded
because prison population increased from year to year. The Prison at Azcarraga (now Recto) was
also fast being enveloped by the modern structural expansion in the city, so it was then necessary to
move the prison from the city Lo a suburban site.

In 1936, the City of Manila exchanged its Muntinlupa property of 552 hectares with that of the
Bureau of Prison 1t in Manila. This Muntinlupa estate was originally intended as site for the Boys
Training School, but because it is far from Manila, the City Government of Manila preferred the site of
the old Bilibid. The Bureau started construction of the prison in 1936. Despite the: fact that the
buiIdings were not yet ready, all the inmates of the Bilibid Prison in Manila were transferred to the
new site on the recommendation of the Cabinet shortly before the outbreak of World War II. The new
site occupies 552 hectares. During the war, Filipinos who were suspected as guerrillas were sent to
the New Bilibid Prison for confinement by the Japanese Occupation Army. When Manila was
liberated, Americans who were former prisoners of war, were camped in the New l3iibid Prison
reservation for physical recuperation.
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The Biibid Prison is mainly a maximum custody institution. Being the main prison, it receives
commitments from Courts of First Instance and Criminal Circuit Courts all over the Philippines, except
those sentenced by the Courts of First instance and Criminal Circuit Courts of Zamboanga and Sulu
who may be committed directly to the San Ramon Prison and Penal Farm. The New Bilibid Prison
has a capacity of 3,000 prisoners. At present it has over 5,000 prisoners, the biggest institution in the
world in point of population.

Today, the .New Bilibid Prison operates two satelite units, namely, Bukang Liwayway Camp
and Sampaguita Camp. These two camps are located about a few hundred meters back to the New
Bilibid Prison compound. The Bukang Liwayway Camp houses 1,500 minimum security prisoners
who work in the various projects of the institution in Camp Sampaguita are located the Reception and
Diagnostic Center, the Medium .security Unit and the Youth Rehabilitation Center.

The Medium Security Unit can handle a population of 700 prisoners who are e9loyed in the
agricultural projects under guard escorts. The Youth Rehabilitation Center is capable of
accommodating a population of 500 inmates of the 16 to 21 age group. This unit offers a special
treatment and training program for youthful tractable offenders.

The New Bilibid Prison specializes in the industrial type of vocational training. It operates a
furniture shops shoe repairing shop, black Smith and tinsmith shop, auto- mechanics and automobile
body building shop, tailoring, electronics, watch repairing, carpentry, and rattan furniture shop. It is
also engaged in track gardening, poultry, piggery and animal husbandry.

The New Bilibid Prison offers a high school course for prisoners who desire to complete their
high school education. The school is a part of the public high school of Rizal province. Since its
establishment in 1956, the school has graduated over three hundred inmates.

The San Ramon Prison and Penal Farm — In 1869, the authorities saw the need of
establishing one prison separate from Bilibid for those who fought the established government. So,
San Ramon Prison and Penal Farm in the southern tip of Zamboanga were established for the
confinement of political offenders. During those days a rebel who was not shot was either sent to
Guam or the Marianas or to Zamboanga. The San Ramon Prison was named after its founder,
Ramon Blanco, a Spanish captain in the Royal Army. The purpose of this prison was for the
segregation of political recalcitrant who advocated for reforms but which reforms were rejected by the
instituted authorities. Thus, Dr. Jose Rizal who fought for reforms was considered an enemy of the
government and was imprisoned in Dapitan, also in Zamboanga.

The San Ramon Prison and Penal Farm have an area of 1,524.6 hectares. It houses maximum,
medium and minimum custody types of prisoners. Prisoners who are directly committed by the court
to this prison are later sent to the Reception and Diagnostic Center in the Central Office for study and
diagnosis. San Ramon has an average population of 1,200 prisoners. The ‘principal product of the
San Ramon Prison is copra, which is one of the biggest sources of income of the Bureau of Prisons.
It also raises rice, torn, coffee, cattle and livestock.

The Iwahig Penal Colony — On November 16, 1904, Foreman R.J. Shields, with sixteen
prisoners left the Bilibid Prison by order of Governor Forbes who was then Secretary of Commerce
and Police, to establish the Iwahig Colony in Palawan. The idea was hatched on the suggestion of
then Governor Luke E. Wright who envisioned it to be an institution for incorrigibles. The first
contingent, however, revolted against the authorities. They hogtied their Superintendent, Mr.
Madaras, and could have killed him were it not for the timely succor of the Philippine Scouts stationed
in Puerto Princesa. When the Philippine Commission, by virtue of Reorganization Act - created the
Bureau of Prisons on November 1, 1905 the auth s changed the policy regarding Iwahig, so
tha1iiiiead o sending incorrigibles, inmates who were well- behaved and declared tractable were
assigned to this colony. Today, the Iwahig Penal Colony enjoys the reputation of being one of the
best open institutions in the world. Only mutual trust and confidence between the wards and the
prison authorities keep them together there being no walls

At present, the Iwahig Penal Colony is a minimum custody or open institution. It has an area of
36,000 hectares and an average population of 4,000 prisoners. The colony is divided into four sub-
colonies, namely: Sta. Lucia sub-colony, lnagawan sub-Colony, Montible sub-colony and Central sub-
colony. Each sub-colony operates as a small institution under the management of a penal supervisor.
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The Iwahig Penal Colony administers the Tagumpay Settlement. The Settlement is a 1,000-
hectare portion of the colony which was subdivided into 6-hectares homestead lots. These lots are
distributed to released inmates who desires to live in the settlement.

One important feature of the Iwahig Penal Colony is the privilege granted to colonists to have
their families transported to the colony at government expense and to live with them in the colonists’
village. The institution maintains various community resources such as schools, church, recreation
center, post exchange, hospital and clinics for the colonists and their families. The colonists who have
their families with them are assigned a piece of land to cultivate and are encouraged to raise poultry
and livestock for their personal use. Their products are sold by the Colony Post Exchange. The
principal products of the Iwahig Penal Colony are rice, corn, copra, logs, minor forest products and
cattle.

The Correctional Institution for Women — In 1931, the Correctional Institution for Women
was established on an 18-hectare piece of land in Mandaluyong, Rizal, by authority of Act 3579 which
was passed on November 27, 1929. Prior to the establishment of this institution, female prisoners
were confined in one of the wings of Bilibid Prisons. Later the position for a female superintendent
was created in 1934. Today, the Correctional Institution for Women is an institution under the Bureau
of Prison, managed by the female personnel, except the perimeter guard who are male.

The Correctional Institution for Women is the only penal institution for women in the Philippines;
It has an average inmate population of 180. The institution conducts vocational courses in
dressmaking, beauty culture, handicrafts, cloth weaving and slipper making.

The Davao Penal Colony — The Davao Penal Colony was established on January 21, 932, in
accordance with Act No. 3732 and Proclamation No. 414, series of 1931. The first contingent of
piners that opened the colony was led by General Paulino Santos its founder and the then Director of
Prisons. The area consists of 18,000 hectares mostly devoted to abaca.

In 1942, the Davao Penal (‘as used as a concentration camp for American prisoners of war.
The former inmates were all transferred to the Inagawan sub-colony in iw1uring the war, the
Japanese devastated the colony, destroying its buildings, machineries and industries. In August,
1946, the colony was re-established to its former productive activity by slow reconstruction. This
institution is now the main source of income of the Bureau from its vast abaca, banana, rice and other
farm industries.

At present, the Davao Penal Colony is a combination of medium and minimum custody type of
institution. The greater portion of the prison population are medium security inmates who live in a
stockade enclosed with wires. The-prisoners work in the open fields under escort guards. The Davao
Penal Colony manages the biggest abaca plantation in the whole country. The colony is divided into
two sub-colonies, namely, the Panabo Sub-Colony and the Kapalong sub-colony. Each sub-colony is
headed by a Penal Supervisor. The Davao Penal Colony also raises rice, corn kenaf, copra, and
cattle. It has a potential of producing rice which will meet the needs of the whole inmate population of
the Bureau. The colony is engaged in a joint venture with Tagum Development Company in a 3000-
hectare banana plantation for the export of banana fruits not only to Japan but also to the Middle East
countries particularly Saudi Arabia and Egypt. The colony also operates the Tanglaw Settlement
where released prisoners of said colony are relocated as homesteaders.

The Sablayan-Penal Colony and Farm — In 1954, the increase in prison population was such that
there was congestion again in the New Bilibid Prison. The New Bilibid Prison which could hold only
3,000 had a population of 6,000 prisoners in 1954. On - September 27, 1954, the President of the
Philippines issued Proclamation No. 72 setting aside 16,000 hectares of the virgin lands in- Sablayan,
Occidental Mindoro for the Sablayan Penal Colony. The first trail blazers were the experienced colony
administrators from Iwahig Penal Colony headed by the Assistant Superintendent of that colony, Mr.
Candido Bagaoisan. Today, Sablayan Penal Colony enjoys the reputation of being the youngest and
fastest growing colony under the Bureau.

This institution is an open or minimum security type of institution. It has an area of 16,408.5
hectares and has an average prison population of 1,500. Rice is the principal product of the colony.
This institution is self-sufficient in rice. It also -raises vegetables, not only for the use of the colony,
but also for the inmates of the New Bilibid Prison.
Page 9 of 30

The Manila Office — The Manila Office was originally a service pool of prisoners working in
the different offices under the Department of Justice. However, it was converted to an operating
institution following the prison riots inside the New Bilibid Prison in 1958, when the hardwood shop of
the Prison Industries was removed from the New Bilibid Prison compound and transferred to the
Manila Office because the shop was believed to be - the source of weapons used by the rioting
inmates. Three hundreds prisoners working in this hardwood, projects were transferred to the Manila
Office, thus making this unit a regular penal institution.

1.1.1.1 The Reception and Diagnostic Center (RDC)

The Reception and Diagnostic Center - In 1953, the Reception and Diagnostic Center were
established for diagnostic study of prisoners for more scientific rehabilitation. The Center was
opened by virtue of Administrative Order No. 11 of the Secretary of Justice. From then on the
Reception and Diagnostic Center operated as a separate institution and is housed in one building
inside the Camp Sampaguita compound in the New Bilibid Prison.

THE CLASSIFICATION PROCESS

The rehabilitation program of the prisoner is carried out through the process of classification.
Classification is more than placing prisoners into types or categories.. It is a method by which diagnosis,
treatment, planning, and execution of treatment program .are coordinated in the individual case. The
objectives of classification are development of an integrated and realistic programs of the prisoner arrived
at, through the coordination of diagnosis, planning, anti treatment activities; and an informed continuity of
these activities from arrival to release of the prisoner.

The first two phases of the classification process, namely, diagnosis and treatment planning, take
place in the reception center, which is a special unit separate from the prison, or in the classification clinic
of the prison. The third phase which is the execution of the treatment program takes place in the
operating institution or prison.

A. Reception Diagnostic Center

In line with the latest approach to treatment — the individualized or casework method — it is
necessary that prisoners must undergo a diagnostic examination, study and observation for the purpose
of determining the program of treatment and training best suited to their needs and the institution to which
they should be transferred. These processes take place in the Reception & Diagnostic Center within the
first sixty days of their commitment to prison.

The Reception and Diagnostic Center makes possible the careful study of offenders by a professional
staff, the segregation of prisoners based on scientific methods; the treatment of inmates based upon
careful study of the individual inmate at the time f commitment; the improvement of institutional programs
based on close study of inmate’s characteristics and needs made at the Center; and the development of
research concerning the causes and treatment of delinquency or crime.

The Reception Center is a specialized diagnostic institution designed to service a big correctional
system. It is not a treatment center. In order that the Center can accomplish the purposes for which it is
intended, the following basic elements must exist in the correctional system:

1. There must be a sufficient member and variety of institutions or treatment facilities available to
permit placement of each individual in accordance with his treatment and training needs.
2. There must be an integration of plan and program, including the reception center, treatment
facilities in the prison, and parole placement and supervision
3. The public must be educated to accept the basic concept of treatment as opposed to mere
punishment
4. There must be a sound philosophy of treatment and training throughout the entire correctional
system.
5. There must be good physical facilities and personnel.

The Staff and Their Functions:

Page 10 of 30

1. The Psychiatrist — The psychiatrist examines the prisoner and prepares an abstract of his
findings. The abstract includes a brief statement of the mental and emotional make-up of the
individual with particular reference to abnormalities of the nervous system and the presence of
psychoses, psychopaties, neurotic tendencies, paranoid trends and other special abnormalities.
The psychiatrist makes a recommend - with regard to custody and transfer and calls attention to
any special condition which limit or indicate special type of work, educational training, recreation
or disciplinary treatment.

2. The Psychologist — The psychologist interviews the man and administers tests. The
psychological abstract presents a statement of the psychologist’s findings with regard to the
mental level, general and special abilities, interests and skills of the prisoner. The outstanding
factors contributing to the maladjustment of the individual are pointed out. A prognosis for
institutional and parole adjustment based on the inmate’s attitudes, characteristics and
peculiarities is included. In this abstract, the psychologist makes his recommendation with regard
to custody, transfer and general education and further study and treatment of the man.
3. Sociologist — The prisoner is interviewed by the sociologist. Additional information is obtained
through correspondence with the prisoner’s friends, relatives; and social agencies. The objective
facts of the personal history of the inmate are recorded in the social abstract, which also includes
an analysis and interpretation of the individual’s social situation and relationships.
4. Education Officer or Counselor — The prisoner is interviewed by the educational officer in
order to determine his educational strengths and weaknesses and to recommend suitable
educational program for him. He conducts orientation classes in general education in order to
change the inmate’s attitudes toward education. He gives counsel to inmates found wanting in
educational needs. He prepares a report of every inmate on general education as part of the case
summary of the inmate.
5. Vocational Counselor -- The vocational counselor, by interview, obtains a record of the man’s
former employment and tests the man to determine his general and special abilities, interests and
skills. The results comprise the vocational abstract and recommendations are set forth with
regard to the types of vocational training which should be made available to the inmate during his
incarceration.
6. The Chaplain — The inmate is interviewed by the Chaplain and he is encouraged to participate
in religious worship. The Chaplain’s abstract states the religious affiliation of the prisoner and
gives his opinion as to the significance of the inmate’s religious attitudes in determining his
conduct. The Chaplain makes recommendations with regard to further religious training.
7. Medical Officer — A complete physical examination is given each inmate at which time his
medical history is obtained. The examination covers the major organs of the body, such as the
lungs and the heart, and includes tests of the blood and sense organs. The doctor correlates the
patient’s previous health history with present findings in the medical history and physical
examination, plus recommendation for medical treatment.
8. Custodial-Correctional Officer — The Chief of the correctional unit prepares the custodial
officer’s abstract which includes all significant observations made by the correctional officers of
the inmate’s behavior and interactions to various situations in the dormitory, place of recreation,
work assignments, etc. The report includes the custodial. Officer’s recommendations on transfer
and type of custody of the prisoner.
Admission Procedures - New prisoners are received either in the reception center or in a prison
and later to transfer to the center. The new prisoner usually comes from a provincial or city jail where he
is immediately committed upon conviction by the court. He is transferred to the National Prison escorted
by guards of the committing jail. On arrange of the Reception Center or prison, the receiving officer
checks the commitment papers they are in order. .A commitment paper is in order if it bears the signature
of the judge or if it has the signature of the Clerk of Court and seal of the court. The next step is to
establish the identity of the prisoner in order to be sure that the person being committed is the same
person named in the commitment order. The identity is established through the picture and the fingerprint
of the prisoner appearing on the commitment order.

Searching the Prisoner: After the commitment papers are checked and the identity of the prisoner
established, the new prisoner is “frisked” and his personal things searched. Weapons and other-items of
contraband are confiscated and deposited with the property custodian. Money, watches, rings and other
pieces of jewelry are deposited with the trust fund officer under proper recordings and receipts.

Issuance of Clothes and Equipment: From the receiving office, the new prisoner goes to the supply
room where he receives his prison uniform, mosquito net and beddings.

Assignment to Quarters: After the prisoner is issued his clothing’s and beddings, he is sent to the
quarantine unit. The quarantine may be a unit of the prison or a section of the Reception Center.
Page 11 of 30

The Quarantine Unit: The new prisoner spends from seven to ten days in the quarantine Unit. During
this period he is given thorough physical examination including blood test, X-rays, inoculations and
vaccinations. One purpose of the quarantine is to insure that the prisoner is not suffering from any
contagious disease. The results of the examination are submitted to the Chief of the Center in written
form. This report forms part of the diagnostic record of the prisoner.

a.Orientation Procedures The initial contacts of the prisoner with the Center are very meaningful. The
first impressions received by him may affect his entire institution as adjustment.
The orientation of the prisoners takes place within the first few days in the Center. It
consists of giving them a booklet of rules and regulations and explaining the rules to them
conducting group meetings of Center inmates to explain the purposes of the treatment programs;
holding sessions with the Chief and individual members of the Center staff to explain the basic
purpose of the Center and what the inmates should do in order to profit most from their
experiences.

b.Testing Programs — in order that each staff member can profit from psychological test results, group
testing of inmates should be scheduled one or two weeks after arrival. Psychiatric examinations
should also be given early during the stay of the inmate because the psychiatric analysis of the
personality of the inmate is very valuable to the rest of the staff.
c. The Program Activities — After undergoing quarantine and orientation, the inmate is ready to go into
a regularly scheduled program which will continue until his last day in the Center. Some of these
activities are as follows:
(1) The Educational Program — The inmate attends literacy and citizenship classes and group
therapy sessions. The objectives of the educational classes in the Center are to determine
the educational possibilities of the inmate which may be pursued or encouraged in prison,
and to encourage, through group sessions, the individual to talk out his problems, to lend him
to recognize desirable goals and ways of attaining them.
(2) Vocational Program — The inmate is given on-the-job training and observation t determine
his vocational interests and abilities and to determine his attitude toward.
(3) Physical Testing and Recreation — This program is aimed at building the morale as well as
helping maintain the well-being of the prisoners. Also, it affords an opportunity for supervisors
it observe how the inmate reacts to various situations which are very revealing of the
personality of the prisoner.
(4) Staff Interviews — It is desirable that all members of the staff interview every inmate on
whom they are required to render a report. Each staff member should plan his interviews so
that his questions are pointed toward securing the information which will help him analyze the
phase of the study for which he is responsible. Each report should give indication of the staff
member’s impression of the personality of the Inmates.
The Admission Summary: The written reports submitted by the staff of the center regarding
their findings on the prisoners are compiled, and form the admission summary. The admission summary
becomes the nucleus of the cumulative case history of the prisoner. The Admission Summary consists of
the following:

1. An account of the legal aspects of the case. In addition to citations from the summaries of the
reports of law enforcement, judicial, and other officials, this may contain an explanation by the
inmate of how he got into trouble;
2. A summary of the man’s earlier criminal history. If he has previously been in a juvenile or an adult
correctional institution, reports from these places contain information regarding his program
therein and related facts about his attitudes and behavior.
3. Social history, or the man’s biography as a person, based upon the probation report or field
investigation, staff interviews, tests, examinations, and other staff- observations. This may also be
provided or amplified by his family or friends, former employers, and others who may assist
through interviews or answers to questionnaires;
4. Physical condition;
5. Vocational interests, competence and experience;
6. Educational status;
7. Religious background and interest;
8. Recreational interest;
9. Psychological characteristics evaluated by the psychiatrist and the psychologist;
10. Behavior Reception Center, reported by the custodial staff;
11. Initial reaction to group psychotherapy or group counseling or other forms of treatment.
Page 12 of 30

From the above interview and counseling situations, data are obtained from the inmate standpoint,
that is, the man’s own story, as well as from other persons. The admission summary becomes a practical
document when the final page is devoted to a listing of recommendations in the above areas of diagnostic
study for the inmate’s institutional an parole program.

Most correctional systems have found it advisable to prepare a master stencil of the admission
summary from which additional copies may be made through a duplicating process. Copies are required
not only for the classification committee but also after the reception period for the central office of the
prison system, and still later for the parole agency. Requests for copies of the case history may also come
from other institutions or appropriate community agencies.

Usually the cover page of the admission summary contains the summary of recommendations of the
Center in the above eleven areas of diagnostic study for the inmate’s institutional and parole program.

The admission summary is prepared in at least three copies, and distributed as follows: one copy
goes with the prisoner whichever prison he is confined; one copy goes to the Central record system of the
Bureau; and one copy remains with the Reception and Diagnostic Center. The admission summary is
used by the Classification committee as guide in carrying out the rehabilitation program of the prisoner in
the operating institution; and by the parole office as guide in parole program planning and parole
supervision.

Transfer Out of the Center: When the admission summary is completed, it is forwarded to the Director
of Prisons for approval of the tentative program prepared for the prisoner, after which the prisoner is then
transferred to the operating institution.

Interpretation to the Prisoner: Just prior to transfer, the inmates should be interviewed, either
individually or in groups. This interview should make clear to the individual some of the reasons why he is
being transferred to a particular institution and what will be expected to him there. The essential findings
of the center, as well as the recommendations made for his program, should be interpreted to the inmate.
He should, however, be made to realize that there may have to be some changes in his program. For
example, occasionally his assignment to an activity in which he is interested may have to be postponed
owing to lack of facilities in the institution.

The final interview is much more effective when it is done on an individual basis In spite of the time
required, this should, if possible, be done. Through the individual interview, the man may get a much
clearer picture of what the reception center has found out in his case and be helped to recognize his own
responsibility for making a satisfactory adjustment in preparation for release. In some correctional
systems, the interview with the individual to discuss the findings of the reception center in his case, is
carried out at the time of initial classification in the transfer institution.

B. The Operating Institution

The prisoner is transferred from the Reception and Diagnostic Center to the operating institution with
a tentative plan of treatment already prepared. The treatment plan is contained in the Admission
Summary which is sent to the Classification and Treatment Division of the prison for implementation. On
his arrival in the operating institution, the prisoner goes to the General Service or Orientation Unit where
he is temporarily quartered pending his permanent residence assignment by the Classification Board. The
stay of the prisoner in the general service unit is a sort of orientation period for him. He is given lectures
on the rules and regulations; and he is assigned to different work projects to afford him various
experiences which will guide him in the choice of a permanent vocational program.

Reclassification: The prisoner appears before the Classification Committee periodically after his
initial classification to keep current his treatment and training program. Human personality and behavior
are constantly changing and it is essential that the inmate’s program be correspondingly adjusted in
accordance with his changing needs.

The Classification committee, through constant reclassification of the prisoner, attempts to maintain
continuity and integration of the various institutional services. Reclassification is necessary to assure that
individual needs are not overlooked, and it must continue from the time of admission classification until
the inmate is released.

The Cumulative Case Summary: In pursuing the individualized or casework method of carrying out
the treatment program of the prisoners, it is essential that a cumulative summary be maintained for each
Page 13 of 30

individual. The inmate’s cumulative summary starts from the admission report, submitted by department
heads of the prisoner’s adjustment to his assignments. Every significant change of status or program
concerning the prisoner is entered in the cumulative case Summary. This record serves as the basis for
determining the prisoner’s fitness for release on parole.

Classification Procedures Immediately Prior to Parole or Release: When the prisoner has
already served the minimum or a considerable portion of his sentence and that his records show
successful adjustment to his treatment program, he is scheduled to appear before the classification
committee for pre-parole interview. The purpose of this meeting is to enable the Committee to evaluate
the inmate’s readiness for parole and to plan out with him his program on parole. It may turn out that the
inmate at this time is not yet ready for parole, in which case the Board sets another date for the next pre-
parole interview. If the inmate’s case is favorable, the committee then prepares the pre-parole report and
recommends him to the Board of Pardons & Parole for release on parole. The pre-parole report is
sometimes called the pre-releases progress report. This report outlines the treatment program of the
parolee. Certain rather specific suggestions may be made in regard to the inmate’s remaining weeks or
months in the prison. Special emphasis will be given on his program thereafter when he leaves the
institution on parole.

The Pre-Release treatment. Pre-release treatment is defined as the program specifically planned to
prepare the offender, during a limited period prior to his release on parole. Pre-release treatment deals
specifically with the transition from artificial, regimented group life to normal, independent life of the free
individual and with the problems which this transition entails. The end of the prison term should not only
be in sight but rather close at hand before such treatment begins, otherwise the psychological stress of
prolonged expectation would defeat the purpose of the pre-release treatment.

The very realization that he is soon to be released may restore a greater measure of hope to the
prisoner than he has had since he was sentenced, particularly if he has been deprived of liberty for a long
time.

Some of the special pre-release program now used in various countries include:

1. Special information sessions on matters which will be important to the prisoner on his return to
the community,. such as parole conditions and employment opportunities.
2. Granting a greater freedom inside the institution which may take the form of letting the offender
wear his own civilian clothes: lodging him in a separate quarters of the prison, possibly in a room
of his own; and giving him an opportunity to determine his leisure activities and communicate
more freely with the outside world; and generally subjecting him to less supervision.
3. Group and individual counseling which may assist him in orienting himself and alleviating his
worries;
4. Transfer from a closed to an open institution or to a pre-release camp which, by providing a
minimum degree of supervision, enables the prisoner to realize the trust place in him and to live
under conditions which are considerably closer to normal life;
5. Pre-release leaves for a few hours a day or even several days to obtain necessary documents, to
find living quarters; to be interviewed by potential employers; to visit family; and t other purpose
which may be reasonably considered valuable for the future readapt n of the prisoner.
6. Leave for work which allows the offender to be employed in the community provided he returns to
the institution at night.

JAIL ADMINISTRATION

What are Jails — Jails are primarily adult penal institutions used for the detention of law
violators. Its original function was the pre-trial detention of persons charged with crime. Later it came
into use for the service of shorter sentences. Today, it continues its dual role as a place of detention
for those awaiting final disposition of criminal action and the service of short sentences of not less
than three years.

Jails differ from the prisons in that the former are administered by local governments such as
municipality, city or province, while the latter are administered by the state or national government.
Furthermore, jails are institutions for the confinement of untried prisoners and sentenced prisoners
serving imprisonment of not more than three years while prisons are institutions for the confinement
of sentenced prisoners serving imprisonment of more than three years.
Page 14 of 30

History of the Jails — When the first crude system of community organization began to
emerge in the stone age, a small cave was undoubtedly designated as a holding cell for the detention
of those who violated the tribal code until the elders could gather at the side of some nearby mountain
to decide upon punishment. But when punishment had been determined, a restraining boulder was
rolled aside from the mouth of the cave, the guilty were brought and punishment promptly meted, until
about 200 years ago, the jail was used exclusively for the detention of the accused pending trial and
imposition of punishment. The punishment imposed was torture, banishment, exile, death, branding,
mutilation, but never imprisonment.

Importance of the Jail — Perhaps it is difficult for the layman to realize that the jail is important.
Often, it is too important when one unfortunately finds oneself confined therein, or when a member of
one’s family is committed. The layman in civic bodies and organizations has difficulty in appreciating
the importance of the jail within his community.

From the numerical point of view, we find that there are as many jails as there are
municipalities, cities and provinces in the country. It should be recognized that nearly every person
arrested for the commission of- a crime is subject, as a result, to at least, some period -of
confinement within- the -jail. Even -a--ten-minute detention -for investigation is sufficient as a
deterrent -for most persons. Few local citizens will experience temporary detention in a local jail.

There is no exact data on the number of prisoners admitted in jails, but certainly it is many
times the number of prisoners received in the prisons. Because of the numerical preponderance of jail
inmates over prison population, jails are considered the most important of penal institutions. The first
experiences that an offender receives in the jail are impressive and lasting. The treatment that he
receives- from the jail guards may spell his early rehabilitation or may make him a more hardened
criminal.

Defects of Present-day Jails — A survey of jails in the State of California made by the
Committee on Jail of the State Board of Corrections a few years ago listed the following defects which
are practically true of other jails:

1. Inadequate, deteriorated, out-molded buildings, including failure to plan a new construction as a

long range basis.
2. Inefficient personnel to provide safe and suitable supervision; and lack of personnel standards
with respect to qualifications and training.
3. Failure to meet legal requirements’ covering proper segregation.
4. Overcrowding and lack of classification system.
5. Unsanitary conditions, both as-to equipment and management.
6. Existence of unnecessary idleness owing to lack of constructive work program.
7. Existence of the “Kangaroo Courts” and other discredited methods of discipline.
8. Failure to make constructive use of prisoners’ time through lack of proper educational and
recreational programs.
9. Substandard food serviced and failure to meet modern standards of management and nutrition.
10. Inadequate medical services.
11. Lack of uniform records and statistics.
12. Politically dominated.
A remarkable feature of jails is the fact that they have so long defied physical change.
Jails built decades, even a century ago, continue to be used throughout the country. One important
reason why jails, have not Improved is the apparent lack of community interest in the local jail
situation. Another reason is the fact that the jails are operated by local governments which do not
have sufficient funds for their maintenance. It is an unhappy but well-established - fact that for too
many jails — hundreds of them while presumed to be the bulwark of community social protection,
actually are little more than the enforced common meeting places for social derelicts who find the
greatest opportunity to’ infect the casual offender, the weak, the unsophisticated, the morally
retarded, and the socially inadequate. Moreover, such jails are often unsuccessful in performing their
basic mission of secure detention. In them, jailers’ responsibilities are delegated to the most
sophisticated and experienced criminals who proceed to prey upon the majority of other prisoners
through the “Kangaroo Courts” and other devices and insidious methods concocted by those morally
depraved criminals.
Page 15 of 30

Bureau of Jail Management and Penology

(BJMP)
The BJMP exercises supervision and control over all cities and municipal jails throughout the country.
The enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau under the
Department of the Interior and Local Government (DILG).

Powers of the BJMP

The Bureau shall exercise supervision and control over all districts, city and municipal jails to ensure a
secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and
municipal prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or
transfer to the National Penitentiary, and any violent, mentally ill person who endangers himself or the
safety of others.

Functions of the BJMP

Inline with its mission, the Bureau endeavors to perform the following:
1. Formulate policies and guidelines on the administration of all districts, city and municipal jails
nationwide;
2. Formulate and implement policies for the programs of correction, rehabilitation and treatment of
offenders;
3. Plan the program funds for the subsistence allowance of offenders;

Sec. 1729 Provincial Jails — A jail for the safekeeping of prisoners shall be maintained at the,
capital of each province; and in the absence of special provisions all expenses incident to the
maintenance thereof and of maintaining prisoners therein be borne by the province.

The Provincial Jails

The Provincial jail system was first established in 1910 under the American regime. Each of the country s
eighty-two (82) provinces has a provincial jail to serve as penal facility for prisoners who are categorized
under the law as provincial prisoners. For provinces whose jails are overcrowded a sub-provincial jail was
created. They are those sentenced by the courts to a prison term of from six months and one day to three
years.

1.2.2.2 Supervision over Provincial Jails

Provincial jails are under the supervision and control of Provincial governments and headed by
a Provincial Jail Warden. Although the Local Government Units, which include the provincial government,
are under the supervision of the Department of Interior and Local Government, the provincial jails operate
independently and autonomously from the Bureau of Jail Management and Penology.
The Memorandum-Circular dated March 7, 1994 issued by the Secretary for Peace and Order of the
Department of Interior and Local Government regarding the Manual of Operations for Provincial Jails are
basically similar to the correctional procedures and practices of the BJMP.

The following shall be the guiding principles in the treatment of provincial jail inmates and
detainees:
1. There shall be no description in the treatment of offenders on account of race, color, sex, religion,
language, politics, nationality, social origin, property, birth or other status.
2. The purpose of jail confinement is nor merely to punish a convicted offender but to negate his criminal
tendencies and restore his positive values to make him a productive and law-abiding citizen.
3. Except as provided by law, a detention prisoner shall be presumed innocent and shall be treated
differently from a convicted prisoner.
4. The religious beliefs of an inmate shall be respected.

A. GOALS OF THE TREATMENT PROGRAMS

For centuries institutional programs consisted mainly of custody and some work. As the philosophy
concerning causes of crime changed, the corresponding concepts and objectives of institutional programs
also changed. Modem thinking indicates that the prison today should be geared to protect society, and
also, to rehabilitate the offender. This is long-range rehabilitation because if we succeed we will be
sending the offender back to the community as useful law-abiding citizens for the rest Of his life. It is,
therefore, the responsibility of the institution, in rehabilitating the offender, to constantly strive to change
Page 16 of 30

and improve the prisoner’s attitude. To rehabilitate the prisoner mainly by changing attitudes is the main
goal of the treatment program.

Treatment services ace geared toward improving an offender’s attitudes and his philosophy of life.
We use education very basically and very widely as a rehabilitation cornerstone. Various types of
education whether they be academic, vocational or commercial, play very important roles in the formation
of attitudes and character. We use religious services and counseling in prison for the very same reason.
Recreation and leisure time programs are very instrumental also in the treatment process, as they
contribute to good physical and mental health and in many ways are connected with the teaching
process. Work is still a main treatment tool and should be considered as an integral part of any treatment
program. Other services such as medical care, individual and group counseling as well as visits and
correspondence, are parts of treatment and each, in its own Way, contributes to the over-all treatment
process.

The entire process needs individualization whenever and wherever possible. Individualized treatment,
in turn, depends upon a sound workable classification system. Without treatment, we would only be
containing people and protecting Society for a short period of time, but with treatment, the proper type for
each person’s attitudes are being changed daily, and men restored to society.

The United Nations “Standard Minimum Rules for the Treatment of Prisoners provide.

“65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose so far as the length of the sentence permits, to establish in them the will to lead law-abiding
and self-supporting lives after their release and to fit them to do so. The treatment shall be’ such as
will encourage their self-respect and develop their sense of responsibility.

“66. (1) To these ends, all appropriate means shall be used, including religious the countries where
this is possible, education, vocational guidance and training social casework, employment counseling,
physical development and strengthening moral character, in accordance with the individual needs of
the prison, present of his social and criminal history, his physical arid mental capacities and appraised
high personal temperament, the length of his sentence and his prospects after release.

“(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon as
possible after his admission, full reports on all the matters referred to in the foregoing paragraph.
Such reports shall always include report y a medical officer, regarding the physical and mental
condition of the prisoner

“(3) The reports and other relevant documents shall be placed in’ an individual file. This file shall be
kept up to date and classified in such a way that it can be consulted by the responsible personnel
whenever the need arises.”

B. EMPLOYMENT OF PRISONERS

Prison labor was originally intended to be punitive. It was imposed on the offender as a penalty to be,
suffered by him in addition to imprisonment. Thus, the early forms of prison labor were not constructive.
Such work as carrying stones from one corner of the Yard to the other, and digging a big well and filling it
up again, were commonly emp1yed to punish prisoners. Later, prison labor was intended to reduce the
cost of maintenance of the institution.

The Pennsylvania system, with its solitary confinement and handicraft inside the cells, and the
Auburn system with its congregate shops, brought about a realization that prisoners should work for profit.
The Auburn system triumphed over the Pennsylvania system because the former proved that prisoners
could be more profitably employed in congregate shops than in solitary confinement.

In the United States there emerged six systems of prison labor, aside from agriculture. Of the six,
three were public labor systems and three were private labor systems. In the public labor system the
state retained the control of the maintenance and discipline of prisoners, the employment of prisoners and
the sale of the products. In the private System, however, private interests controlled at least one of them.

The six systems of prison labor are:

Page 17 of 30

1. The Lease System — The state turns the prisoners over to a private lease. The latter feeds,
clothes, guards, houses and disciplines the prisoners. This system prevailed in the southern
states of the United States. This system no longer exists.
2. The Contract System — The state, under this system, retains control of the prisoner and the
contractor merely engages with the state for the labor of the inmates, which is performed within or
near the prison. The contractor supplies the raw material] and supervises the work and pays the
institution the stipulated amount for the services of the prisoners. This system no longer exist too.
3. The Price-Piece System — Under this system the contractor supplies the raw materials and pays
the state a determined amount for the work done on each article produced. The institution retains
control of the inmates including the daily quantity of work required. This system has also been
abolished.
4. The Public Account System — In the Public Account System, the state buys the raw material,
manufactures and sells the products and assumes all the risks of conducting a manufacturing
business. Today, prison-made products can not be sold in the open market.
5. The State-Use System — Under this system, the state conducts the manufacture of the use of
the article is limited to state owned institutions. The principle of the system is that the state
produces articles or merchandise for its own consumption alone and in the process, affords the
prisoner opportunities to train for a vocation.
6. The Public Works and Ways System — Prison labor is used in the construction and repair of
public buildings, roads, bridges, flood control, reforestation, clearing land, preventing soil erosion,
etc. The system does not involve the application of prison labor to the production of consumption
goods.
Today, there is a general acceptance of the principle that prisoners should work. The work programs
of’ the institution develops the morale and maintains discipline among the prisoners. They contribute to
effective security of the institution and Its population for they are particularly useful in reducing tensions
and misconduct. The remark made by a prison warden several years ago that “idleness is the workshop
of the devil” still holds true. A work program that is wisely planned and competently administered
minimizes the danger of disturbances and risks that threaten life and property. In view of these facts, it is
difficult to understand why those who are concerned with the problem of running prisons are not vitally
concerned with the problem of idleness and some ways of overcoming it.

The employment of prisoners has other values. Inmates who work contribute to their own support and
thereby reduce the’ tax burden on the free citizens who are required to bear the expense of maintaining
penal institutions.

Work not only lessens the boredom of intuitional life, but also is a means whereby many inmates
maintain or regain their self-respect.

Penologists and prison administrators believe that the principal value of employment is in the
opportunities it provides for developing and reviving skills and work habits, which are instrumental in the
rehabilitation of inmates and in their successful occupational, adjustment in free society. Greater
emphasis should therefore be given on the necessity for developing diversified types of work activity,
particularly vocational and on-the-job training. The employment program, in order that it be genuinely
constructive, must be planned and conducted as an integral part of the Institution’s total treatment
program. It must be operated in close and continuing liaison with the other integral phases of the
correctional process. Reasonable incentive in time credits and a wage, should be provided in order to
encourage the prisoners to derive the benefits from participation in the employment program.

The employment assignments of prisoners may be classified into five general groups:

1. Unassignable, or available for limited employment only, such as the new arrivals in quarantine;
prisoners who are nearly ready to leave the institution, either on parole or at expiration of
sentence and have been taken off their jobs so that they can participate in the institution’s pre-
release program; prisoners awaiting transfer to other institutions; prisoners who are in disciplinary
status or are segregated for other reasons; and hospital patients and that portion of the prison
population which may well be designated “unemployable”, including chronically ill and infirm
prisoners, and also those inmates with mental or emotional disabilities.
2. Educational assignments, including general education, vocational training, physical education.
3. Maintenance assignments, involving the use of labor in activities relating to the care of prisoners
and upkeep of the institution properties.
4. Agricultural activities, planned to supply as much of the food requirements of the prison as
possible while furnishing training and employment to inmates adapted to this type of work.
5. Industrial employment, necessary for those who can not be absorbed to the preceding forms of
activities, who will benefit through industries can contribute towards a reduction in the cost
operating the institution of the state.
Page 18 of 30

United Nations Standards: The following are provisions of the Standard Minimum Rules for the
Treatment of Prisoners and Related Recommendations” on employment of prisoners:

“71”

a. Prison Labor must not be of an afflictive nature

b. All prisoners under sentence shall be required to work, subject to their physical and mental fitness
as determined by the medical ‘officer.
c. Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a
normal working day.
d. So far as possible the work provided shall be such as will maintain or increase the prisoners’
ability to earn an honest living after release.
e. Within the limits compatible with proper vocational selection and with the requirements of
institutional administration and discipline., the prisoners shall be able to choose the type of work
they wish to perform.”
“72”

(1) The organization and methods of work at the institutions shall resemble as closely as possible
those of similar work outside institutions, so as to prepare prisoners for the conditions of normal
occupational life.

(2) The interests of the prisoners and of their vocational training, however, must not be subordinated
to the purpose of making a financial profit from an industry in the institution.
“73 “

(1) Preferably institutional industries and farms should be operated directly by the administration and
not by private contractors.
(2) Where prisoners are employed in work not controlled by the administration, they shall always be
under the supervision of the institution’s personnel. Unless the work is for other departments of
the government the full normal wage for work shall be paid to the administration by the persons
to when the labor is supplied, account being taken of the output of the prisoners
“74”

(1) The precautions laid down to protect the safety and health of free workmen shall be equally
observed in institutions.
(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational
diseases, on terms not less favorable than those extended by law to free workmen.
“75”

(1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or by
administrative regulations, taking into account local rules or custom in regard to the employment
of free workmen.
(2) The hours so fixed shall leave one rest day a week and sufficient time for education and other
activities required as part of the treatment and rehabilitation of the prisoners.
“76”

(1) There shall be a system of equitable remuneration of the work of prisoners.

(2) Under the system prisoners shall be allowed to spend at least a part of their earnings on
approved articles for their own use and to send a part of their earnings to their family.
(3) The system should also provide that a part of the earnings should be the administration so as to
constitute a savings fund to be handed over to the prisoner on his release.

RIGHTS OF AN INMATE 

SECTION 1. Rights of an inmate – An inmate shall have the following basic rights:

a.      to receive compensation for labor he performs;

b.      to be credited with time allowances for good conduct and loyalty;
c.      to send and receive mail matter;
d.      to practice his religion or observe his faith;
e.      to receive authorized visitors;
f.       to ventilate his grievances trough proper channels; and
g.      to receive death benefits and pecuniary aid for injuries. 
SECTION 2. Privileges of an inmate - The following privileges shall be extended to an inmate:

a.      Attend or participate in any entertainment or athletic activity within the prison reservation;
Page 19 of 30

b.      Read books in the library;

c.      Smoke cigar and cigarettes, except in prohibited places;
d.      Participate in civic, religious and other activities authorized by prison authorities; and
e.      Receive gifts and prepared food from visitors subject to inspection.
SECTION 3. Rights of a detainee –  A detainee aside may, aside from the rights and privileges
enjoyed by a finally convicted inmate, wear civilian clothes and to grow his hair in customary style.

Treatment of Special Needs or Unusual Offenders

As a general rule, special/unusual offenders should not be held in jails with other offenders.
Female offenders should be confined in separate institutions from men. However, until adequately
equipped detention homes shall have been provided, the jail will continue to serve as their temporary
homes.

The following special methods are required in the handling of special needs/unusual offenders:

1. Female

a. The women’s quarters should be fully separated from the men’s quarters;
b. All handling and supervision of female offenders/ detainees must be done by female jail staff;
c. In larger jails, services may be provided by a resident matron who shall keep the case to the women’s
quarters and should be available at any time;
d. No male offender shall be allowed to enter the women’s quarters; and
e. Only work suitable to their age and physical conditions should be assigned to female offenders.

2. Drug Addicts

a. Offenders found to be drug dependents/addicts should be segregated from other offenders,

especially during the withdrawal period;
b. Close supervision of inmates should be maintained to prevent attempts to commit suicide or self-
mutilation;
c. No sedatives/stimulants shall be prescribed or administered except by a physician;
d. Measures should be taken to enable offenders to follow strictly the jail physician’s advise regarding
diet and other treatment measures during the withdrawal period; and
e. Prompt search of the addict’s quarters should be conducted and constant alertness maintained to
prevent the smuggling of narcotics and other dangerous drugs.

3. Alcoholics

a. Alcoholics should be placed in a comfortable quarter separate from other offenders and maintain
close supervision to guard against suicide attempts;
b. Any symptoms of abnormal behavior among offenders should be reported to the jail physician; and
c. Close supervision should be maintained to guard against the smuggling of liquor and other
intoxicating drinks or products containing alcohol.

4. Mentally-ill
a. The mentally-ill should be under the close supervision of a jail physician;
b. The mentally-ill should be placed in individual cells and special restraint rooms provided for violent
cases;
c. Close supervision should be maintained to guard against suicide attempts or violent attacks on others;
and
d. The mentally ill should be transferred to mental institutions for proper psychiatric treatment.

5. Sex Deviants

a. The homosexuals should be segregated immediately to prevent them from influencing other
offenders to abnormal behavior; and
b. The other sex deviants, likewise, should be separated from other inmates for closer supervision and
control.
Page 20 of 30

6. The Escape-prone

a. The escape-prone prisoners/detainees should be held in the most secured quarters preferably in
single cells;
b. Their conduct should be closely supervised and their actuations observed during and after visiting
hours;
c. Their quarters should be searched frequently and subject to frequent strip searches;
d. Special attention should be given to the examination of things resulting from strip searches; and
e. Their telephone calls should be restricted and its use should be allowed only if monitored on an
extension.

7. Suicide-risk Offenders

a. The suicide-risk prisoner/detainee should be given close and constant supervision; and
b. They should be subjected to frequent strip searches.

8. The Handicapped, Aged and Infirm

a. The handicapped should be housed separately and closely supervised to protect them from
maltreatment or abuse by other offenders; and
b. Special treatment should be given to these prisoners who shall be required to work only in
accordance with their physical capabilities for their own upkeep, and for the sanitation of their quarters
and surroundings.

9. The Youthful Offenders

a. Immediately after apprehension and booking, the arresting officers concerned shall take the youthful
offender to the city or municipal health officer or proper medical health officer for the thorough physical
and mental examination. The examination and treatment papers resulting there from shall form part of
records for the case of the youthful offender;
b. A youth offender held for physical and mental examination during trial or pending appeal, if unable to
furnish bail, shall, from the time of his arrest be committed to the care of;
c. The DSWD thru its local office or representative in the community;
d. The local rehabilitation center;
e. A detention home in the province or city shall be responsible for his appearance in court whenever
required. Provided, that in the absence of any such center or agency, the city and/or municipal jail shall
provide quarters for youthful offenders separate from other detainees;
f. Whenever it is for the best interest of the community and the effective rehabilitation of the youthful
offender, considering the age, immaturity, gravity of the offense, situation of the offender and other
circumstances, the BJMP unit, in coordination with DSWD and the city or provincial fiscal, may
recommend to the court concerned the release of the youthful on recognizance to the custody of his
parents or other suitable person who shall be responsible for his appearance whenever required; and
g. The foregoing procedure pertains merely to the custody, detention and rehabilitation of youthful
offenders. Consequently, the usual course of investigation of his case until its filing with the proper court
should be pursued by the arresting elements concerned.

10. Alien Offenders

The Warden shall notify the Commissioner of Immigration of the receipt of an alien prisoner stating
a. The name of the prisoner;
b. His nationality and the number of his alien Certificate of Registration;
c. The offence committed; and
d. The court imposing the sentence.
The overall concept of jail security operations encompasses both prevention and rehabilitation. These
two efforts are inseparable is neither can be accomplished without the other. Jail security is necessary to
safeguard the lives of people residing within the vicinity, those managing the jails, and inmates whose
lives are to be rehabilitated to become constructive members of society.
Page 21 of 30

The following guidelines should be strictly observed in jail, Security and control:

1. Maintain strict control of firearms. Never permit any firearm inside the jail except in some areas
where firearms are authorize;
2. Maintain 24-hour supervision of offenders;
3. Maintain a system of key control, which shall include an accurate listing of keys and of receipting
them. Never permit the offenders to handle keys or study them;
4. Secure firearms and anti-riot equipment in the armory where they shall be within easy reach of the
jail guard and yet afford maximum security against access by offenders;
5. Supervise the proper use of tools and other potentially dangerous article such as bottles, acid, kitchen
knives, etc., and keep them out of offenders’ reach when out in use;
6. Conduct regulator offenders’ count at least four (4) times within the 24-hour a day period. Establish
procedures which will ensure beyond doubt, that every offender is physically present or accounted for,
at every count;
7. Conduct frequent surprise searches of offenders and their quarters to detect contraband;
8. Conduct frequent inspections of security facilities to detect tampering or defects;
9. Guard against escape, assault on jail personnel and offenders’ disturbances;
10. Develop plans dealing, with emergencies like escapes, fires, assaults and riots. Make plans know and
understood by jail personnel;
11. Never allow a jail guard to open the offenders’ quarters alone. At least, another guard should be
present; and
12. Select carefully the offenders to be assigned as orderly or aide and maintain rigid control over their
activities. No offender should be allowed to assume any of the authority which belongs to the jail staff or
shall any offender be allowed to exercise authority, supervision and control over other prisoners; .

Members of the custodial force shall have the following duties and responsibilities:

1. To supervise and maintain other and discipline of offenders in housing units, those assembled for
religious service, entertainment and athletics, during meals, classes, work details, bath and visits;
2. To censor offender’s mail;
3. To inspect security device;
4. To maintain inner and other perimeter security;
5. To escort offenders to courts, other authorized places of confinement and to hospitals in case of
emergencies;
6. To insure custody and safety of those confined in jail;
7. To escort visitors within the jail premise;
8. To report any infringement of rules and regulations to proper authorities;
9. To inform the Warden of any emergency case;
10. To keep and maintain records of the offenders; and
11. To perform such other duties as may be assigned by competent authority; 

SECTION 5. Inmate head count. – A head count of inmates shall be conducted four (4) times a day or as
often as necessary to ensure that all inmates are duly accounted for.

SECTION 6. Procedure for inmate count. -  The procedure for conducting a periodic physical head count
of inmates shall be as follows:

a.      During the count, the inmates shall not be allowed to move until the count is completed.
b.      There must be a positive verification of an inmate’s presence. Counting an inmate as present on
the basis of seeing any part of his clothing, his hair, or shoes shall not be made.
c.      A written report on the results of each head count shall be submitted to the Chief Overseer.
d.      If the inmate count does not tally with the list of inmates, the matter shall be immediately reported
to the Chief Overseer.

 SECTION 8. Security measures while serving/delivering meals. – If meals are served in a dinning room
or similar facility, the following security measures shall be observed:
Page 22 of 30

a.      Inmates shall be marched in column of two’s along designated routes under the supervision of one
or two guards. Other guards may be stationed along the route to direct the orderly movement of
inmates to and from the mess hall.
b.      A roving supervisor shall be establish order in the dinning room area.
c.      After meals, all eating and kitchen utensils of inmates shall be collected and accounted.
If meals are delivered inside the inmate’s cells / quarters, the guard shall not enter the cells / quarters to
distribute food unless another guard is available to handle the keys and control the entrance door. If the
food will be served by just one guard, the food shall be served without unlocking the door if there is a
danger of being overpowered by the inmates. If there is no danger, the door may be opened but the guard
shall remain on alert

SECTION 2. Censorship of mail matter  -   All letters sent or received by an inmate, as well as

magazines, books, periodicals, and all reading matters, shall be subject to censorship to prevent the entry
of contraband and the entry or exit of information that may adversely affect the security of the prison.

SECTION 3. Guidelines on censorship of mail matter -  The sending and receiving of mail by all
inmates shall be governed by the following guidelines:

a.      Inmate mail shall be secured until such time that the censors are ready to examine them.
b.      Inmate mail shall be opened and searched by qualified, trained and authorized personnel.
c.      Greeting cards shall be carefully examined and fillers of any kind found therein shall be collected
for laboratory examination.
d.      Photographs shall be marked on the reverse side and replaced in the envelope.
e.      In censoring mail, prison slang, unusual nicknames and sentences with double meaning shall be
carefully studied and deciphered.
f.       Letters passed by censors shall bear the censor’s stamp at the top of each page and on the
envelope. The letter shall be replaced in the same envelope and resealed.
g.      The contents of an inmate’s mail shall be confidential and shall not be discussed with other prison
personnel.

SECTION 4. What may be censored – All letters containing statements concerning the security or
reputation of the prison like escape attempts, smuggling/trafficking of contraband or statements that may
affect prison rules and policies, shall be censored out. Any item or correspondence or enclosure that does
not conform with regulations or are detrimental to the security, good order and discipline of the prison
shall be confiscated and submitted to the Superintendent for disposition.

SECTION 5. Collection and delivery of mail – The mail officer shall collect and deliver mail
matters on a daily basis, Monday through Friday. An inmate shall be advised to claim his if he fails to
claim his letter within twenty-four (24) hours after it is received in prison.

SECTION 6. Expenses for special delivery of mail – Inmates shall be allowed to send letters by
registered, certified, stamped or special delivery at their expense.

SECTION 8. Fire prevention. – To prevent the occurrence of fire and to minimize its effects if
such has occurred, the following rules shall be followed:

a.      Inmates shall be cautioned against the hazards caused by the careless handling of lit cigarettes,
inflammable materials, fuel, welding equipment, etc.
b.      Fire extinguishers shall be placed in close proximity to all housing units and located in strategic
places in buildings, and work areas.
c.      Empty drums and cans shall be filled with water/sand and placed in strategic places for ready use.
d.      Keys to emergency exits, cells, brigades and storage places of fire-fighting equipment shall have
distinct markings or tags, marked and shall be accessible to the guards on duty.
e.      Portable floodlights shall, when available, be placed in the  Control Center in case of nocturnal fires.
f.       Government equipment shall be marked with tags or symbols for easy identification and priority
evacuation in case of a fire or other emergency.
 

SECTION 6. Emergency plans for calamities etc. – Subject to the available personnel and
funding resources, a prison shall establish emergency plans in cases of power failure and natural
Page 23 of 30

disasters such as floods, earthquakes and other calamities. The plans shall cover the specific roles of
prison personnel present, the alarm system to be used, the emergency power units to be utilized and the
kind of security to be provided and such other matters as are necessary to insure the safety and security
of prison personnel and inmates. Likewise, the plans shall also include detailed procedures for the
evacuation of inmates in cases of floods, earthquakes and other calamities, if such evacuation is
necessary.

 SECTION 7. Features of emergency plans. – Subject to the availability of funds and equipment,
emergency plans shall contain the following basic elements or features:

a.                 Fire

i.        A fire crew shall be formed consisting of prison personnel and inmates chosen according to their
security classification / behavior, intelligence and aptitude. They shall man the prison fire truck, if any.
ii.       The inmates who are selected shall be housed separately from the other inmates in close
proximity to the Control Center and/or the fire equipment and fire truck, if any. They may be issued
special uniforms for easy identification.
iii.     At the first sign of fire, the Control Center shall sound an alarm either by means of a siren or a bell,
and at the same time, notify the fire department, police headquarters and other units that may help in
putting out the fire and/or evacuating inmates.
iv.    The person in-charge of the keys to the storage for fire-fighting equipment, the emergency gates
and gates of the different cells/brigades, should distribute the keys to the responsible personnel
concerned.
v.      The fire crew shall immediately respond to the scene to put out the fire while the other prison
personnel shall station themselves according to the plan.
vi.    All inmates in the affected area shall be required to help in putting out the fire.
vii.   If there is a need to evacuate government records, supplies and equipment, they should be
evacuated to a safe place according to priority and placed under proper guard.
viii. If there is a need to evacuate the inmates, they shall be evacuated in an orderly manner, using
secure motor vehicles, if any or by any other means that will bring them to pre-arranged buildings or
detention centers for their confinement. If the inmates are evacuated outside the prison, they shall be
secured by handcuffs or other instrument of restraint.
ix.     When the all-clear alarm is sounded, first aid shall be administered to the injured inmates and a
physical count of inmates shall be made. Security check of the prison to determine the extent of the
damage shall also be done.
x.      If the security conditions allow, the evacuated inmates shall be returned to the prison. Otherwise,
they shall be retained in the detention place where they were evacuated or transferred to another penal
establishment as the Governor may decide.
xi.     A thorough investigation of the causes of the fire shall be conducted by the Superintendent and the
report thereon submitted to the Governor and the local Fire Department.

SECTION 4. Procedure during riots and disturbances. – The following procedures shall be
followed in the case of riots and other violent disturbances:

a.      At the sound of the first alarm, all inmates shall be locked up inside their respective cells/quarters.
An inmate work crew shall be immediately returned to the prison compound or to previously designated
areas for accounting and confinement after a head count;
b.      If the disturbance occurs during visiting hours, all visitors shall be immediately ushered out of
prison compound or if this is not possible, brought to a pre-determined area inside said compound. In
the latter case, the visitors shall not be allowed to leave said area or the compound until the disturbance
has ceased and the inmates have been properly accounted for.
c.      At the same time, all guards who are not on duty shall be directed to immediately report top the
Desk Officer. All critical posts shall be manned to prevent escapes. The most senior guard present shall
take command of the custodial force and make assessment of the situation.
d.      All telephone calls to and from the prison compound shall be controlled.
e.      The Armorer shall issue the necessary anti-riot equipment and firearms.
f.       Based on his assessment of the prevailing conditions, the guard in command shall deploy the
guards into the following groups:
Page 24 of 30

1st Group – This is the initial wave of anti-riot assault contingent who shall be armed with wicker shields,
protective head gear, gas masks and night sticks or batons, when these are available. The objectives of
this group are to disperse the rioters and get their leaders.
2nd Group – This is the back-up force of the 1 st Group who shall be equipped with tear gas guns and gas
grenades.
3rd Group – This is composed of guards who are trained in the proper handling and use of firearms.
Under the direct command of the guard-in-charge, they shall provide covering fire to the first two
groups.
g.      When the three groups mentioned above are ready, the guard-in-charge shall direct the inmates to
cease and desist, to return to their respective cells and warn them of the consequences if they do not
obey. The known leaders, if known, shall be addressed directly.

h.      If inmates fail or refuse to heed the order to return to their cells, the guard-in-charge shall sound the
2nd alarm. Thereupon the 1st Group shall enter into the prison compound followed by the 2 nd Group at a
discreet distance. The third group shall be in strategic position, ready to fire if the lives of the guards in the
1st and 2nd Groups are endangered by overt violent acts of the inmates.

i.        The 1st Group shall be tasked with quelling the riot and getting the leaders of the rioting group. If
they meet stiff resistance, the head of the group shall immediately order their withdrawal.

j.        Thereafter, the guard-in-charge shall order the 2 nd Group to fire tear gas on the inmates. When the
area where the rioters are found is saturated with gas, the 1 st Group shall attack using their batons to
force the rioters into their cells and to get the leaders. The use of pressurized water from the fire truck, if
any, may be restored to.

k.      At the earliest opportunity, the guard-in-charge shall report the prison disturbance to the nearest
police station and to the Director who shall in turn inform the Secretary.

l.        When the condition has become critical and the disturbance has reached full intensity, the guard-in-
charge shall cause the sounding of the third alarm. At this instance, the Control Center shall notify all
Police agencies nearby for assistance and then all other plans in connection with prison uprisings shall
then be executed. Nearby hospitals shall also be notified if the situation demands.

m.    As an extreme measure to prevent mass jail break or serious assault upon the members of the
prison administration, the selected marksman of the 3 rd Group maybe ordered by the guard-in-charge to
fire warning shots at the rioters. If the rioters do not desist, the order to fire shall be given but only to maim
designated targets belonging to the rioting group.

n.      After the riot or disturbance, the following procedures shall be followed:

i.        Administer first aid to the injured;

ii.       Conduct a head count;
iii.     Segregate ring leaders and agitators;
iv.    Assess and determine the damage to the facilities;
v.      Investigate the causes of the riot and prosecute the ringleaders and other persons involved in the
riot;
vi.    Repair the damage;
vii.   Adopt measures to prevent repetition of similar incidents; and
viii. Submit a report on the incident to the Secretary.

SECTION 5. Procedure during an escape or jailbreak. – The following procedures shall be

followed in the case of escapes or jail breaks:

a.      When a jail break is in progress or has just occurred, the  Control Center shall immediately sound
the alarm and the Superintendent or the Commander of the Guards shall be notified.
b.      At the first sound of the alarm, all inmates shall be locked in their respective cells while those in
work detail shall be marched in orderly manner to their cells.
a.      All prison personnel who are not on duty shall report to the prison immediately and
make themselves available for emergency deployment. The  Armorer shall issue firearms to members of
the custodial force who shall be immediately dispatched to strategic posts.
Page 25 of 30

b.      A head count shall be made simultaneously in the different cells / quarter of inmates to determine
the identity of the escapee. Prison personnel assigned to essential posts such as the powerhouse,
kitchen, hospitals, fire station, etc. shall also make a head count of the inmates under their supervision
and report the results thereof to the  Control Center.
c.      If the identity of the escapee is established, his name and other personal circumstances shall be
immediately flashed to all units of the Philippine National Police in the vicinity.
d.      Radio and television stations and other news media shall also be notified of the escape and, if
possible, provided with photographs of the escapee.
e.      A Recovery Team shall be formed by the Superintendent to proceed to all known lairs, hangouts,
residences and houses of immediate relatives and friends of the escapee.
f.       In case of mass jail breaks, all members of the custodial force shall be immediately issued firearms
and assigned to critical posts to seal off all possible escape routes while teams search the prison
premises. Prison personnel who are off-duty shall be required to report for duty immediately.
g.      If any prison officer or employee is held hostage by the escapee, reasonable caution to insure
safety shall be taken. If the Superintendent who is taken hostage, the Assistant Superintendent shall
assume command.
h.      If no hostage was taken and the escapee is unable to leave the prison premises but refuses to
surrender to the prison authorities, the basic plan for Riots or Disturbances shall be implemented.
i.        After the escape, the Superintendent shall conduct an investigation relative to the escape to
determine the liability of the officer / employee under whose custody the inmate escaped. A review of
security procedures and an ocular inspection of the prison facilities shall also be made to determine the
existence of any gaps or flaws. A report on the results of said review shall be submitted to the Secretary.
1. Subject to the conditions set forth in the succeeding Sections, an offender may be brought out from a
jail in any of the following instances:
a. To appear or attend, as witness or as accused, before any court of justice or prosecutor’s office during
preliminary investigation, arraignment of hearing of a criminal case;
b To appear as witness in any investigation or formal inquiry being conducted by a government agency;
c. To view the remains of a deceased relative within the second degree of affinity or consanguinity; or
d. To undergo medical examination or treatment in an outside hospital or clinic.
2. An offender may be transferred to another institution only upon specific order of the Court having
jurisdiction over him, except incase of serious illness where hospitalization is necessary, and the
detainee immediately taken to the nearest hospital with the court subsequently notified;
3. In any emergency and for the safety to detainees in jail, the Warden may move them to any secured
place for temporary detention. However, in viewing the remains of the decreased relative within the
second degree of consanguinity and affinity, clearance should first be obtained from Court concerned.
The written request must be accompanied by the following documents:
a. Death Certificate of the deceased relative duty certificate by the attending physician or local Civil

Register:
b. Burial permit; and
C.The appropriate certificate as indicated after the name of each deceased relative;
1) Spouse - marriage contract
2) Children - Birth Certificate of the deceased child and Marriage Certificate of the prisoner
3) Brother or Sister - Birth Certificates of the offender and his deceased brother or sister
4) Parent - Birth Certificate of the offender
5) Grandparent - Birth Certificates of the offender and his parent who is the son or daughter of the
deceased
6) Grandchild Birth Certificates of offender and his son or daughter who is the parent of the deceased.
4. A written request to view the remains of a deceased relative shall be filled with the Warden at least
three (3) days before the privileges sought is enjoyed;
5. The offender shall be allowed to stay not more than three (3) hours in the place where the remains of
the deceased relative lie in state; Provided, that the detainee shall not be allowed to join the funeral
cortege;
6. The Warden shall disapprove the request of an offender to view the remains of a deceased relative or
not favorably endorse a similar request of offender to the appropriate Court of government agency in
any of the following cases:
a. The deceased relative is lying in state in a place that is beyond a thirty-kilometer radius from the place
of confinement of the prisoner, or in any case, where prisoner cannot return to said place during the
daylight hours;
Page 26 of 30

b. The detainee has a record of escape; and

c. The detainee has two or more pending criminal cases or is a vital witness in a pending criminal case.
7. Before leaving the for the authorized destination, the offender shall torn over to the Warden such
amount that may be necessary to pay for his transportation and meal expenses and those of the jail
guards escorting him. The Warden shall issue a receipt therefore and restore any unspent portion
thereof to the offender upon his return.
Cooperation Between Jail Wardens Regarding Transfer of Detention Prisoners

1. Jail authorities must agree as to the use of facilities for the temporary detention or imprisonment of
the detainee from other localities before, during and after trial; and
2. Wardens effecting the movement/transfer of any offender shall shoulder all expenses of the same
while confined in other jails.
Rules to be Followed During Transfer of Offenders:

Whenever the transfer to other jails is effected, the following rules shall be observed:

I. The responsibility for the security of the detainee being transferred shall remain with the
custodian until received by another custodian. Whenever possibility transferred be made during the
day. Any movement or transfer of inmates shall be treated confidentially;

2. Prior to movement, all guards shall be given detailed instructions on their duties and
responsibilities to include particularly specific instructions that the most direct route to the
destination must be followed;

3. Notorious/disastrous prisoners being moved shall handcuffed. When two or more prisoners are
transported, each must be secured to the other. In no case shall a prisoner be handcuffed and
secured to any part of the vehicle during transit to avoid being trapped incase of accident;

4. Before any transfer, all offenders shall be inspected and searched for dangerous weapons or
object which may be used for escape or self-destruction;

5. As a general rules, offenders under escort shall always be under the watchful eye of the guard.
The guard shall always be closed enough to the prisoner being escorted to able to respond
effectively incase of emergency; and

6. The following basic security precautions shall be observed during the transfer/movement of
prisoners:

a. Offender should not be allowed to tinker with the handcuffs;

b. It must be ascertained that the offender/detainee does not have crippled, deformed or very small
hands to allow him to “slip” the cuffs off;

c. All offenders being transferred, should be regarded as extremely notorious to avoid being
careless;

d. The cuff should be properly adjusted for tightness to avoid the need of adjustments while en
route;

e. No offender shall be allowed to go to a toilet or washroom alone;

f. A jail guard should always talk behind an offender, never in front and the prisoner should always
precede the guard into an automobile;

g. A guard shall be extra careful not to sit, stand or walk next to an offender while carrying a gun as
it can easily grabbed from him; and

h. Stopping along the highway, while in transit is highly discouraged, especially when transporting
prisoners by vehicle hired solely for the purpose.
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Punishable Acts

An inmate is strictly prohibited from committing any of the following acts:

I. Minor Offenses

a. Selling or bartering with fellow offender items not classified as contraband;

b. Rendering personal service to fellow offender;

c. Untidy or dirty in his personal appearance;

d. Littering or failing to maintain cleanliness and orderliness in his quarters and/or surroundings;

e. Making frivolous or groundless complaints;

f. Taking the cudgels for or reporting complaints or be half of other offenders;

g. Late information or duty without justifiable reasons; and

h. Willful waste of food.

2. Less Grave Offenses

a. Failure to report for work detail without sufficient justification;

b. Failure to render assistance to an injured personnel or inmate;

c. Failure to assist in putting out fires inside the jail;

d. Acting boisterously during religious, social and other group functions;

e. Swearing, cursing or using profane or defamatory language directed personally towards other
person;

f. Malingering or reporting for sick call to escape work assignment;

g. Spreading rumors or maliciously intriguing against the honor of any person, particularly
members of the custodial force:

h. Failing to stand at attention and give due respect when confronted by or reporting to any officer
or member of the custodial force;

i. Forcing fellow inmates to render personal service to himself and/or others;

j Exchanging uniform or wearing clothes other than those issued to him for the purpose of
circumventing jail rules;

k. Loitering or being in an unauthorized place;

1. Using the telephone without authority from the desk officer/warden;

m. Writing, defacing, or drawing on walls, floor or any furniture or equipment;

n. Withholding information which is inimical and prejudicial to the jail administration;

o. Possession of lewd or pornographic literature and/or photographs;

p. Absence from cell, brigade, place of work during head count, or at any time without justifiable
reason; and

q. Failing to turn over any implements/articles issued after the work detail; and

r. Committing any act prejudicial to or which is not necessary to good order and discipline.
Page 28 of 30

3. Grave Offenses

a. Making untruthful statements or lies in official communications, transactions, or investigation;

b. Keeping or concealing keys or lock of places in the jail wheie it is off limits to offenders;

c. Giving gifts, selling to, or bartering with jail personnel;

d. Keeping in his possession money, jewelry or other contraband which the rules prohibit;

e. Tattooing others or allowing himself to be tattooed on any part of the body or keeping any
paraphernalia to be used in tattooing;

f. Forcibly taking or extracting money from fellow inmates;

g. Punishing or inflicting injury upon himself or other inmates;

h. Receiving, keeping, taking or imbibing liquor and other

prohibited drugs;

i. Making, improvising or keeping any kind of deadly weapon;

j. Concealing or withholding information on plans of attempted escapes;

k. Unruly conduct and behavior and flagrant disregard of discipline and instructions;

1. Escaping, attempting or planning to escape from the institution or from any guard;

m. Helping, aiding or abetting others to escape;

n. Fighting, causing any disturbance or participating therein and/or agitating to cause such
disturbance or riot; and

o. I ndecent, immoral or lascivious acts by himself or other and/or allowing to be subject of such
indecent, immoral or lascivious act;

7. Willful disobedience to lawful order issued by an officer or member of the custodial force;

8. Assaulting any officer or member of the custodial force;

9. Damaging any government property or equipment issued to the inmates;

10. Participating in any kangaroo court and unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by offender in a jail/ prison;

11. Affiliating oneself to any gang or faction whose main purpose is to foment regionalism or to segregate
themselves from others;

12. Failing to inform the authorities concerned when afflicted with any communicable disease like VD,
etc.;

13. Engaging in gambling or any game of chance: and

14. Committing any act which is in violation or any law or ordinance, in which case, he shall separately be
prosecuted criminally in accordance with law.

Disciplinary Board

A Disciplinary Board shall organized and maintained by jails for the purpose of hearing disciplinary
cases involving any offender who violates jail rules and regulations.

I. The Disciplinary Board shall be composed of the following:

Chairman - Assistant Warden

Member - Chief Security Officer

Page 29 of 30

Member - Medical Officer or

Public Health Officer

Member - Social Worker or a Rehabilitation Officer

If the above composition is not feasible because of personnel limitations, the Station/Sub-station
Commander or the Warden shall perform the functions of the Board as a Summary Hearing Officer.

2. The Board is tasked to investigate the facts of the alleged misconduct referred to it by the Warden. It
shall hold sessions as often as necessary in a room, which may be provided for the purpose. All cases
referred to it shall be heard and decided within forty eight (48) hours from the date of receipt of the case.

3. The Board is authorized to imposed any of the following disciplinary punishment:

a. Reprimand;

b. Temporary or permanent cancellation of some or all recreational privileges;

c. Cancellation of visiting privileges;

d. Extra-fatigue duty; and

e. Close confinement in a cell, which shall not exceed seven days (7) in any calendar month, provided
that this punishment shall be imposed only in the case of an incorrigible prisoner, when other disciplinary
measures had been proven ineffective.

In addition, to the above-mentioned punishment, the Board may recommend to the Warden partial or full
forfeiture of good conduct time allowance to be earned for that month and subsequent months depending
upon the gravity offense.

4. Limitations

a. No female inmate shall be subjected to any disciplinary punishment which might affect her unborn or
nursing child;

b. No infirmed or handicapped inmate shall be meted out punishment which might effect his health or
physical well-being;

c. Corporal punishment, confinement in the ill-ventilated cells and any form of cruel, in usually, in human,
or degrading punishment are absolutely prohibited;

d. Whenever the penalty of extra-fatigue duty or solitary confinement imposed may effect the heath of the
offender, he shall be made to undergo medical examination to determine his physical fitness to serve his
punishment; and

e. The jail physician shall visit the prisoners undergoing punishment when necessary and shall advise the
warden if he commends the termination of the punishment on grounds of physical and mental health.

Instruments of restraint such as handcuffs, leg iron and straits jackets are not to be applied as a form of
punishment. They shall only be used as a precaution against escape and on medical grounds to prevent
an offender from injuring himself or others.

Breaches of discipline shall be handled w/o anger or emotionalism and decisions executed firmly and
justly.

As a general rule, every violation of discipline shall be dealt with accordingly. In extreme cases where the
violation necessitates immediate action, the Warden or the Officer of the Day may administer the
necessary restraints and report the action taken to the Disciplinary board.

Hearing of Disciplinary Cases

The following procedures shall be followed in the hearing of disciplinary cases:

a. The aggrieved offender shall inform any member of the custodial force of the violation; the ladder in
turn, officially reports the matter to the Desk Officer. If one of the jail employees knows the violation
Page 30 of 30

committed by the offender, a brief description of the circumstances surroundings or leading to the
reported violation and all facts relative to the case shall be made;
b. The Desk Officer shall simultaneously inform the Warden/Station/Sub-station Commander, as the case
may be, and shall immediately cause the investigation. He shall submit to the Warden his report together
with his recommendations;
c. The Warden shall evaluate the report and if he believes that there is no sufficient evidence to support
the alleged violation, he shall dismiss the case. If he believes there exist sufficient evidence, he shall
decide the case and impose the necessary penalty in case of minor violations. If the case less grave or
grave, he shall endorse it to the Board for hearing or decide it himself as a Summary Disciplinary Officer if
there is no Disciplinary Board;
d. The offender shall be confronted to the reported violation and asked how be pleads to the charge. If he
admits the violation or pleads quality, the Board shall impose the corresponding punishment;
e. If the offender denies the charge, the hearing shall commence with the presentation of evidence and
other witness by the Desk Officer. The offender shall then by given the opportunity to defend himself by
his testimony and those of his witnesses, if any, and to present other evidences to proven this innocence;
f. After the hearing, the Board shall decide the case on the merits;
g. Whether the offender is found quality or not, he should be advised to obey the rules and regulations
strictly and reminded that the good behavior is indispensable for his early release and/or the granting of
privileges; and
h. Decisions of the Board/Summary Disciplinary Officer are subject to review and approval by the Warden
and or the higher authority. The offenders may request a review of the findings of the Board/Summary
Disciplinary Officer and the property of the penalty to the Central Office, BJMP whose decision shall be
final.

TIME ALLOWANCE FOR GOOD CONDUCT AND LOYALTY 

SECTION 1. Who may grant Good Conduct Time Allowance (GCTA) – The Director may grant a
GCTA to an inmate who displays good behavior and who has no record of breach of discipline or violation
of prison rules and regulations.

SECTION 2. Effects of GCTA  – The Good conduct or behavior of an inmate shall entitle him to
the following deduction  from the period of his sentence:

a.      During the first two(2) years of his imprisonment, he shall be allowed a deduction of five (5) days
for each month of good behavior;
b.      During the third to fifth year years, inclusive, of his imprisonment, he shall be allowed a deduction
of eight (8) days for each month of good behavior;
c.      During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten (10) days for each month of good behavior; and
d.      During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
fifteen (15) days for each month of good behavior.
 SECTION 3. Computation of GCTA –  Calendar months and years are considered reference to sentences
and time served, while thirty (30) days constitute a month in computing GCTA credits.

 SECTION 4. GCTA of a detainee – A detainee shall only b granted GCTA if he voluntarily offers
in writing to perform such labor as may be assigned to him. In such case, the credit he may receive shall
be deducted from sentence as may be imposed upon him if he is convicted.

SECTION 5. GCTA of a life termer  –  An inmate sentenced to life imprisonment shall not be

granted GCTA while his sentence is on appeal.

SECTION 6. Revocation of GCTA –  GCTA once granted shall not be revoked without just cause.

SECTION 7. Restoration of GCTA – The GCTA which an inmate is deprived of because of

misconduct may be restored at the discretion of the Director upon the recommendation of the
Superintendent.

SECTION 8. Special time allowance for loyalty – A deduction of one-fifth (1/5) of the period of his
sentence shall be granted to an inmate who, after evading the service  of his sentence on the occasion of
a disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny
on which he has not participated, gives himself up voluntarily to the authorities within forty-eight (48)
hours following the issuance of a proclamation announcing the passing away of such a calamity.