(Cor Ad) Institutional Correction and Non-Institutional Correction

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CORRECTIONAL

ADMINISTRATION
(Institutional and Community Based Corrections)

By

Erick A. Gempesao
Criminologist
DEFINITION OF TERMS
PENOLOGY – study of punishment of crime or of criminal
offenders. It includes the study of control and prevention
of crime through punishment of criminal offenders.
- The term derived from the Latin word “poena” which
means pain or suffering. Penology is otherwise known as
Penal Science.

PENAL MANAGEMENT – refers to the manner or practice


of managing or controlling places of confinement as jails
or prisons.
CORRECTION – a branch of the Criminal
Justice System concerned with the
custody, supervision and rehabilitation of
criminal offenders.

CORRECTIONAL ADMINISTRATION – the


study and practice of a system
management of jails or prisons and other
institution concerned with the custody,
treatment and rehabilitation of criminal
offenders.
HISTORICAL PERSPECTIVE ON CORRECTIONS

13TH Century – Securing Sanctuary


In the 13th century a criminal could avoid
punishment by claiming refugee in a church
for a period of 40 days, at the end of which
time he is compelled to leave the realm by a
road or path assigned to him.
16th Century – Transportation of criminals in
England was authorized. At the end of the
16th century Russia and other European
countries followed this system. It partially
relieved overcrowding of prisons.
Transportation was abandon in 1826.

17th Century to late 18th Century – Death


penalty became prevalent as a form of
punishment.
GALLEYS
- long, low, narrow, single decked ships propelled
by sails, usually rowed by criminals.
- a type of ship used for transportation of
criminals in the 16th century

HULKS
- decrepit transport, former warships used to
house prisoners in the 18th and 19th century.
- abandoned warships converted into prisons,
also called “floating hells”.
PRIMARY SCHOOLS OF PENOLOGY

1. Classical School – the doctrine of


psychological hedonism or freewill.

2. Neo-Classical School – children and lunatics


must be free from punishment.

3. Positivist/Italian School – denied individual


responsibility and reflected on positive
reactions to crime and criminality.
EARLY CODES
1. Code of Hammurabi (1760 B.C.) – oldest
code prescribing savage punishment.

2. Justinian Code – written by Emperor


Justinian of Rome in 6th C.A.D.

3. The Twelve Tables (XII Tabulae) –


represented the earliest codification of
Roman law incorporated into the
Justinian Code.
4. Code of Draco – a harsh code that
provides the same punishment for both
citizens and the slaves

5. Burgundian Code – specified punishment


according to the social class of offenders.

6. Code of Kalantiao – promulgated in 1433


by Datu Kalantiao

7. Maragtas Code – by Datu Sumakwel


EARLY PRISONS
1. Mamertine Prison – early Roman place
of confinement which is built under the
main sewer of Rome in 64 B.C.

2. Bridewell Workhouse – built in 1557 in


London for the employment and housing
of English prisoners.

3. Wallnut Street Jail – first American


Penitentiary
THE AGE OF ENLIGHTENMENT
- 18th century is a century of change, the
period of recognizing human dignity.

PIONEERS:
1. William Penn (1614-1718)
- first leader to prescribe imprisonment as
correctional treatment for major
offenders.
- responsible for the abolition of death
penalty and torture as a form of
punishment
2. Charles Montesquieu (1689-1755)
- a French historian and philosopher who
analyzed law as an expression of justice.

3. Voltaire (1694-1778)
- he believes that fear of shame was a
deterrent to crime.

4. Cesare Bonesana Marchese de Beccaria


(1737-1794)
- presented the humanistic goal of law.
5. Jeremy Bentham (1746-1832)
- the greatest leader in the reform of
English Criminal Law. He believes that
whatever punishment designed to negate
whatever pleasure or gain the criminal
derives from crime, the crime rate would
go down.
- the one who devise the ultimate
PANOPTICAL PRISON
6. John Howard (1726-1790)
- Sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison
reform.
PUNISHMENT
- it is the redress that the state takes
against an offending member of society
that usually involve pain and suffering.

ANCIENT FORMS:
1. Death Penalty
2. Physical Torture
3. Social Degradation
4. Banishment or Exile
5. Transportation and Slavery
CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment
2. Parole
3. Probation
4. Fine
5. Destierro
JUSTIFICATIONS OF PUNISHMENT

1. Retribution
2. Expiation or Atonement
3. Deterrence
4. Incapacitation and Protection
5. Reformation or rehabilitation of behavior
TWO RIVAL PRISON SYSTEM

A. The Auburn Prison System


- “Congregate System” where prisoners are
confined in their own cells during the
night and congregate work in shops
during the day.
B. The Pennsylvania Prison System
- “Solitary System” where prisoners are
confined in single cells day and night

> In both prison system, complete silence


was being enforced.
PENALTY

- defined as the suffering inflicted by the


state against an offending member for
the transgression of law.
Judicial Conditions of Penalty

1. Productive of Suffering
2. Commensurate with the offense
3. Personal
4. Legal
5. Equal
6. Certain
7. Correctional
The Philippine Correctional has two (2)
Systems Based Approach, namely:

Institution Based and


Community Based Approach
Both systems are being implemented on a
fragmentary basis by three (3)
Departments of the Executive Branch of
the government. These are:

Dept. Of Justice, Dept. of


Interior & Local Govt. , Dept. of
Social Welfare & Development
(1) Department of Justice (DOJ)
takes care of the National Prisoners. The
National Prison and Penal Farms which is
being supervised and administered by the
Bureau of Corrections (BUCOR) This is
headed by a civilian Director. Tasked to
rehabilitate national prisoners so they can
become useful members of society upon
completion of their sentence
These are the prisoners whose penalty ranges
from 3 YRS AND 1 DAY to LIFE
IMPRISONEMENT and those convicted with the
DEATH penalty or a fine of more than five
thousand pesos, or regardless of the length of
sentence, to one sentenced for violation of
custom law or other laws under the jurisdiction
of the Bureau of Customs or for violation of
immigration and election laws, or to one
sentenced to serve two or more sentence the
total of which exceeds three years.
NATIONAL PRISONERS are also referred to under
the law as Insular Prisoners.
(2) The Department of the Interior and
Local Government (DILG)

takes care of the municipal, city and district


Jails. The Provincial Jails and sub-provincial
jails are operated by the Provincial Local
government Units under the supervision and
management by their respective governors
in each province and whose penalty ranges
from SIX (6) MONTHS and ONE DAY UP TO
THREE(3) YEARS;
the local jails namely, the Municipal jails,
City jails and District jails are under the
supervision and administration of the Bureau
of Jail Management and Penology (BJMP)
and whose penalty ranges from ONE (1)
DAY to SIX (6) MONTHS for Municipal Jail
inmates, and for City Jail inmates whose
penalty ranges from ONE (1) DAY TO THREE
(3) YEARS. The district jail may be created
thereat if the monthly jail population is less
than ten (10) inmates
What is a district Jail?
DISTRICT Jail is a consolidation of all
inmates in two or four municipal jails
whose inmate population is less than 10
monthly provided it will be located near
the Metropolitan Trial Court or Regional
Trial Court .The purpose is to maximize
the manpower and other logistical
requirements.
(3) The Department of Social Welfare
and Development (DSWD)
takes care of the sentenced Youth
offenders. which are located in the
ten (10) Regional Youth
Rehabilitation Centers nationwide.
 There are ten (10) rehabilitation centers for youth offenders,
nine of which are for boys while only one is for girls. Of the
nine centers for boys one is the National Training School for
Boys which also happens to be the largest RRCY. This is
located in Sampaloc, Tanay, Rizal and it caters to youth
offenders coming Regions IV, V and NCR. The only RRCY for
girls is also the National Training School for Girls located at
Marillac Hills, Alabang, Metro Manila.
 The eight other RRCYs are located in Barangay Urayong,
Bauang, La Union for those coming from Region I, II and the
Cordilleras; Barangay Ayala, Magalang, Pampanga for
Region III; Nueva Valencia in the island province of
Guimaras for Region VI; Barangay Candabong, Argao, Cebu
for Region VII; Barangay Sto Nino, Leyte for Region VIII;
Barangay Anastacio Polanco, Dipolog, Zamboanga del
Norte for Region IX; Gingoog City for Region X; and
Barangay Bago Oshiro, Davao City for Region XI. Youth
offenders from Caraga Region are sent either to Dipolog,
Gingoog or Davao depending on which is most accessible.
RA 9344- Juvenile Justice
and Welfare Act of 2006
Under the law, children 15 years old
and below would be exempted from
criminal liability while youth offenders
ages 15 to 18 years old could only be
criminally charged if they committed
the crime with discernment.
It also provides the immediate turnover of
children in conflict with the law to social
workers upon apprehension.
If detention is necessary, the youth offenders
would be transferred to youth detention
homes set up by the local governments and
non-government organizations.
The law also created the Juvenile Justice and
Welfare Council under the Department of
Justice that would oversee its implementation
and advise the President regarding the
protection of youth offenders.
The first penal institution in the country was
established even before the effectivity of the
Spanish Penal Code and while the
Recompilation laws were still the existing laws
of the islands. This prison facility is the Bilibid
Prison which was constructed in 1847.in
Azcarraga, Manila.. it was only recognized and
formally designated as an Insular Penitentiary
through Royal Decree issued in 1865. The
physical layout was constructed in conformity
with the dominant concept of criminology
existing in Europe
Twenty-two (22) years after the establishment
of the Bilibid Insular Penitentiary, the San
Ramon Prison and Penal Farms was
established 1869 in the Southern tip of
Zamboanga. The Zamboanga Peninsula was
also a banishment site for political non-
conformists coming from Luzon and the
Visayas. This is one of the reasons why our
own national hero , Dr. Jose P. Rizal who fought
for reforms, which the island colonial
authorities found objectionable and subversive
to their tastes, was exiled in Dapitan.
San Ramon Prison and Penal Farms was
named in memory of its founder, Ramon
Blanco, a Spanish Captain in the Royal Army
It was closed during the Spanish-American
War of 1898 but reopened in 1904 after the
victorious American grabbed possession of
the Philippines from Spain and the Americans
have established control over this colony. The
land area is 1,524.6 hectares The principal
product is copra, which is the biggest sources
of income of the Bureau of Prisons.
In 1904, another penal colony was
established in Iwahig, Palawan on the order
of Governor Forbes, then the incumbent
Secretary of Commerce and Police. The
establishment of this penal facility was made
on the suggestion of Governor Luke E. Wright.,
who felt the need for an institution designed
for incorrigible offenders. An American
construction foreman left Bilibid on
November 16,1904 with 16 prisoners and
sailed to Palawan to start building the colony
thereat
However, this contingent turned
against their custodian, hogtied
their Superintendent and the short
lived revolt was quelled with the
timely arrival of Philippine Scout
reinforcement from Puerto
Princesa., the provincial capital.
In November 1, 1905, Reorganization
act 1407 was passed into law
mandating the Philippine Commission
to create the Bureau of Prisons under
the department of Commerce and
Police. Later, jurisdiction was
assigned to the Dept. of Instruction.,
the predecessor of the Dept. of
Education. Finally to the Dept. of
Justice.
The Iwahig Penal Colony, as a
destination for maximum security
incorrigible prisoners. Instead,
convicts who were well behaved and
pliable were assigned to this facility.
The reason to convert the 38,611
hectares of fertile lands into
production areas for revenue and as
a means to prisoner rehabilitations
Today, this Penal institution is
considered as one of the most open
penal institution in the world. It was
from this facility that the term “Prison
without Wall” had its beginning. Iwahig
was divided into four (4) sub-colonies
for a more practical consideration of
easier administration and mangement.
These sub-colonies are 1. Santa Lucia,
2. Inagawan, 3. Montible, 4. Central.
Each sub-colony operates as an
autonomous institution under the
management of a Penal supervisor. The
colony allocated 1,000 hectares, which
was distributed to release inmates who no
longer had any desire to return to their
original homes and who instead want to
settle for good in Palawan. This is the
Tagumpay Settlement. The prisoners were
awarded six (6) hectares farm lots as
homestead.
On November 27,1929, Republic Act 3579 was
passed into law establishing the Correctional
Institution for Women. This Penal institution was
constructed on an 18-hectare piece of land, in
Mandaluyong. Before the construction of this
women institution
Prisoners were confined in portion of the Bilibid
Prison. In 1934, the position of Female
superintendent was created to superintendent
the operation of this penal facility. Today, the
institute is run entirely by female personnel with
the exception of the perimeter guards who are
male.
New Bilibid Prison was constructed in 1936 in
Muntinlupa in a 552 hectares of land and in 1941
the actual transfer of Muntinlupa facility was
established. This site was previously acquired by
the city to become the site for the Boys Training
School. The Bilibid Prison in Manila was renamed
Old Bilibid Prison to avoid confusion and
presently known as Manila City Jail. This was
constructed by virtue of Proclamation 414 in
1931 as an enabling Order to Commonwealth
Act No. 3732. these official edicts were also the
official basis for the opening of the Davao Penal
Colony.
The New Bilibid Prison houses
maximum security convicts including
the death row, the electric chair chamber
when it was still in use and now the
lethal Injection chamber. It is considered
as one of the biggest prisons in the
world in terms of the number of
prisoners population. The central office
of the Bureau of Corrections are also
housed here.
Outside the compound and within the reservation,
three (3) other Satellite Prisons are situated. These
are the minimum security camp called Camp
Bukang Liwayway, the name implying the coming
release of prisoners destined here. Miminum
Security inmates are those with severe physical
handicap as certified by the chief prison medical
officer, 65 years old and above and not on appeal or
without pending case; those who served at least ½
of their minimum sentence or 1/3 of their maximum
sentence excluding Good Conduct Time Allowance
and those with only 6 months to serve before
expiration of maximum sentence.
The second is Camp Sampaguita, which
houses medium security prisoners. Medium
Security inmates are those with less than 20
years sentence, remand inmates or detainees
below 20 years sentence, 18 years old and
below regardless of case or sentence, those
who have 2 or more escape records but have
served 8 years since recommitment, those
with one record of escaped but have served
five (5) years as maximum security and upon
recommendation of the superintendent
The Director of Corrections may grant GTCA
to an inmate for good behavior with no
record or disciplinary infraction or violation
of prison rules and regulations. GCTA is the
statutory reduction of a prisoner’s sentence
for good behavior during confinement under
Article 97 of the Revised Penal Code. This
is automatically applied to all prisoners as
long as he does not commit violations of
prisons rules and regulations. GCTA is a
kind of right that can only be denied if the
prisoner breaks the rules and only after due
process is observed
Good conduct entitles the inmate to the
following deductions from his sentence:

1. In the first two years of incarceration, 5


days deduction for each month of good
behavior.
2. From the 3rd to 5th year, 8 days deduction
for each month of good behavior
3. From 6th year to 10 years, 10 days
deduction for each month of good
behavior; and
4. From the 11th year, 15 days deduction for
each month of good behavior.

GTCA may also be granted to a detainee to


be deducted from his sentence if
convicted provided that he voluntarily
offers to perform labor as maybe assigned
to him during his detention period. Such
voluntary offer must be in writing.
An inmate whose sentence is life
imprisonment but is on appeal is not
entitled to GCTA.
GCTA cannot be revoked without a just
cause. GCTAs revoked for a just cause
may be restored at the discretion of the
Director of Correction upon
recommendation of the Superintendent

In addition to the GCTA, a prisoner may


also be entitled to another five days per
month deduction from the sentence he
has to serve when he has been classified
as a trusty or penal colonist.
This is provided by Act. No. 2489,
otherwise known as the Industrial Good
Time Law. Life imprisonment is also
automatically reduced to thirty years
imprisonment upon being classified as a
trusty or penal colonist.
Under section 98 and 158 of the Revised
Penal Code, Special Time Allowance (STA)
for loyalty equivalent to one-fifth of the
sentence shall be deducted from the
inmates sentence if, after the inmate
abandoned prison due to disorder arising
from conflagration, earthquake, explosion,
or similar catastrophes, or during a mutiny
in which the inmate did not participate
voluntarily submits himself to the
authorities within forty-eight hours
following the issuance of a proclamation
announcing the ending of the calamity.
Under Article 99 of the Revised Penal
Code (RPC) GCTAs and STAs are
granted by the Director of Corrections
- The Youth Rehabilitation Center
for juvenile offenders is also
situated here.
And the third facility is the Reception
and Diagnostic Center that receives
newly committed prisoners coming
from the jails nationwide. Inmates
accepted by the RDC will be studied and
classified, the purpose of which, is the
formulation of the individualized
treatment program designed to achieve
the most successful rehabilitation
Upon admission, the inmate or detainee if
he has a pending case, will be put in
quarantine in a designated cell at the RDC
for a minimum of five (5) days during
which he shall be administered the ff.
Physical exam,mental, orientation, private
interview and etc.
The Davao Penal Colony was
established in January 21,1932 by
virtue of Republic Act 3732 and
Proclamation No. 414. Retired
General Paulino Santos, the
incumbent Prisons Director at the
time the first contingent of
prisoners that opened the colony
that covers an area about 18,000
hectares.
The Japanese transferred the
prisoners who were destined here to
the Inagawan sub-colony if Iwahig
Penal Colony. Before the Japanese
left the facility due to the return of the
Americans, they destroyed all its
buildings, machineries and industries.
By August ,1946, however, the colony
was able to re-establish its pre war
status.
At present the Davao Penal Colony houses
medium and minimum security prisoners.
They work in the open fields escorted by the
colony custodial force. It is now the biggest
abaca plantation in the country.. It is a major
banana producer having secured a joint
venture agreement with Tagum
Development Company. In a 3,000 hectares
banana plantation. These banana products
are exported to Japan, Saudi Arabia, Egypt
and many other countries.
Davao Penal Colony has two (2) sub-
colonies: (1) Panabo and (2) kapalong
with each under a penal supervisor. It
has also a settlement site for released
prisoners who no longer wish to
return to their homes but choose to
remain in Davao as homesteaders.
This settlement area is called Tanglaw
Settlement.
Reception Diagnostic Center which was
established in 1953 by virtue of
Administrative order no. 11 issued by
the Secretary of Justice. The Center
was established to enable the Bucor to
conduct a more effective rehabilitation
of prisoners committed to the Bureau’s
care through a more scientific study and
diagnoses of each and every prisoner
committed to the Bureau.
On September 17,1954, the president
of the Philippines issued
Proclamation No. 72 allocating 16,
000 hectares of land in Sablayan,
Occidental Mindoro for the setting up
of another penal colony. The
Sablayan Penal Colony and Farm was
established to met the increasing
population of prisoners that is already
causing serious congestion.
In those times, the New Bilibid Prison
that was supposed to confine only 3,
000 had a population more than twice
that capacity. The actual land area is
16,408.5. The principal activity is
agriculture and rice is the main
product.
The last Penal facility to be built by
the Bureau of prisons is the Leyte
Regional Prison in Abuyog. This was
established in January 16,1973 on the
orders issued under the Martial law
by President Ferdinand E. Marcos
The Bureau of Jail Management and Penology
was created pursuant to Republic Act 6975
signed on December 13,1990 and became
known as the DILG Act of 1990.
On December 10,1974, Presidential Decree no.
603 otherwise known as the Child and Youth
Welfare Code of 1974 was promulgated. This
Code became the magna Carta for Children
and was the first in the entire ASEAN region.
Before P.D.603 went into effect,
however, there is already a long
existing law covering the
probationary treatment of juveniles
in conflict with the law.
This is Commonwealth Act no.
3203 that went into effect on
December 3,1924. This is the first
youth offenders law of the land
this law established the Welfare
Institutions, which took
responsibility of taking charge of
all government child-caring
institutions, Home for the Aged and
Infirm as well the Philippine training
School for Boys. They were put
under the supervision of the office
of Public Welfare Commission.
All these facilities were centralized and
located at what was known as Welfareville in
Mandaluyong. It has fifty (50) hectares land
with forty (40) buildings. Five (5) of the
buildings were for orphanage of different
types of orphaned children, homes for the
homeless, neglected, displaced and
abandoned boys picked up by the Police, the
Philippine Training School for Boys and the
Philippine Training School for Girls which
serve for confinement institution for youths in
conflict with the laws, and home for the aged
and infirm.
On November 29,1969 the Philippine
training School for Boys was transferred
to Sampaloc, Tanay, Rizal where it
continues to stay to this day. It was
named Vicente Madrigal Rehabilitation
Center, in honor of the one who donated
the land. Eventually, however, it returned
to its old official name, the National
training School for Boys.
On the other hand, the Philippine
training School for Girls transferred
to Alabang, Muntinlupa City which
became the MARILLAC HILLS up to
this day.
Safekeeping Functions

RULE I
COMMITMENT AND
CLASSIFICATION OF PRISONERS
OR DATAINEES
• A person can be committed to jail
only upon the issuance of an
appropriate order by a competent
court or authority so mandated
under Philippine laws. This Rule
enumerates these courts and
authorities, and classifies inmates
according to the conditions for their
commitment.
Section 1. COURTS AND OTHER ENTITIES
AUTHORIZED TO COMMIT A PERSON TO
JAIL – The following (courts & entities) are
authorized to commit a person to jail

A. Supreme Court
B. Court of Appeals
C. Sandiganbayan
D. Regional Trial Court
E. Metropolitan / Municipal Trial Court
F. Municipal Circuit Trial Court
G. Congress of the Philippines
H. All other administrative bodies or persons
authorized by law to arrest and / or commit
a person to jail
Section 2. CATEGORIES OF INMATES –
The two (2) general classes of inmates are:
A. Prisoner – inmate who is convicted by
final judgment

B. Detainee – inmate who is undergoing


investigation / trial or awaiting trial /
sentencing
Section 3. CLASSIFICATION OF
PRISONERS – The four (4) main
classifications of prisoners are:

A. Insular Prisoner – one who is sentenced


to a prison term of three (3) years and
one (1) day to death

B. Provincial Prisoner – one who is


sentenced to a prison term of six (6)
months and one (1) day to three (3) years.
c. City Prisoner – one who is sentenced to
a prison term of one (1) day to three (3)
years.

d. Municipal Prisoner – one who is


sentenced to a prison term of one (1) day
to six (6) months.
Section 4. CLASSIFICATION OF DETAINEES
– The Three (3) types of detainees are those:
A. Undergoing investigation

B. Awaiting or undergoing trial; and,

C. Awaiting final judgment


Section 5. INMATES SECURITY
CLASSIFICATION – The following are the
classification of inmates according to security risk
A. High Risk Inmates

B. High Profile Inmates

C. Ordinary Inmates
Section 6. REQUIREMENTS FOR
COMMITMENT – The following are the
requirements for commitment:

A. Commitment Order

B. Medical Certificate

C. Complaint / Information

D. Police Booking Sheet


RULE II
RECEPTION PROCEDURES,
CLASSIFICATION AND DISCIPLINARY
BOARDS AND PUNISHABLE ACTS OF
INMATES
One of the Guiding principles of the United
Nations Standard Minimum Rules for the
Treatment of prisoners states that
“Imprisonment and other measures which
result in cutting off an offender from the
outside world are afflictive by the very fact of
taking from a person the right of self-
determination by depriving him / her liberty.
Therefore, the prison system shall not, except
as incidental to justifiable segregation for the
maintenance of discipline, aggravate the
suffering inherent in such a situation”,
Hence, a well-planned and organized
reception of datainees is critical to
achieving this. The inmate’s first
impression of the correctional process
greatly influences his / her attitude and
behavior toward the custodial and
rehabilitative regimens he / she must
undergo during confinement, and
perhaps, to some extent, affect his / her
outlook and adjustment after his / her
release. This rule provides guidance on
the reception and disciplinary aspects of
jail management.
Section 1. Reception Procedures – A
decent and humane program of
confinement starts with a systematic
reception of inmates for commitment to
the BJMP’s jail facilities. The Following
procedures should therefore be observed:
A. The Jail Desk Officer carefully checks
the credentials of the person(s) bringing
in the inmate to determine his/her/their
identity and authority. The officer also
ascertains from the person that all law
enforcement procedures, including the
verification for standing warrant /
criminal record of the arrested person
therefore before physical presentation
in court, must have been undertaken
prior to the inmate’s transfer /
commitment to the jail.
This is understood therefore that other
standing warrants must have been
served when a person is admitted for
jail custody.
B. The jail Desk Officer carefully
examines the arrest report and the
authenticity of the commitment
order or mittimus in due form to
determine whether the inmate has
been committed under legal
authority as provided for by Section
3, Rule XIII of the Rules of Court.
C. Person arrested by virtue of a
Warrant of Arrest must secure a
Commitment Order from the
Court where the Warrant of Arrest
is issued before he can be
committed to jail.
D. The admitting jail officer all cash
and other personal property from
the inmate, lists them down on a
receipt from in duplicate, duly
signed by him / her and
countersigned by the inmate. The
original receipt should be kept for
the record and the duplicate copy
should be given to the inmate.
E. All cash and other valuables of
the inmate must be turned over to
the Property Custodian for
safekeeping and covered by
official receipts.
F. The inmate is then fingerprinted
and photographed.

G. The admitting jail officer


accomplishes a jail booking
report attaching, there to the
inmate’s photograph for reference
H. The newly admitted inmate shall
be thoroughly strip-searched. His
/ Her clothing shall also be
carefully examined for
contraband. He / she is then
checked for body vermin, cuts,
bruises and other injuries, and for
needle marks to determine if he /
she is a drug dependent.
I. The jail Medical Personnel or the
Local Health Officer immediately
conducts a thorough Medical
Examination of the inmate.
J. When it is not possible for the Jail
Medical Personnel to be in attendance
during the inmate’s admission, the
receiving officers shall observe the
mental alertness, overall appearance,
physical abnormalities, rashes,
scratches or other identifying marks of
the individual and note them down in
the inmate’s jail booking report. The
offender observed to be suffering
from any contagious disease is
immediately isolated.
K. A medical record is accomplished by the
Jail Medical Personnel or Local Health
Officer, showing the condition of the
inmate at the time of admission and to
include, if possible, his / her medical
history.

I. Upon commitment, the inmate should be


briefed or oriented on the jail rules and
regulation by the Chief Custodial Officer or
the Officer of the Day prior to
classification and segregation
M. The sentenced inmates shall be
provided with jail clothing. His /
Her personal clothing should be
properly received, cleaned and
stored safely until his / her
release. The detainee, for his / her
own safety, may be allowed to
wear civilian clothes.
N. The warden establishes and maintains
a record of all inmates, consisting of
information on the inmate’s name and
alias, if any; weight, height and body
marks or tattoos, if any; nationality and,
if a naturalized Filipino, his / her
previous nationality; previous
occupation / profession; prior criminal
convictions; and previous place of
residence
In case of a detainee, the record shall
also indicate the crime of which he /
she was convicted; the sentencing
court, his / her sentence and the
commencement date thereof;
institutional behavior and conduct,
and date he / she was received for
confinement
In case of a detainee, the record shall
indicate the Criminal Case number in
trial court where the case is pending;
or the Case number in the Appellate
court if the case is on appeal and the
status of the appeal; or the reason for
his / her detention.
O. Upon completion of the reception
procedures, the detainee is
assigned to his / her quarters.

P. The detainee should be issued all


the materials that he / she will be
using during his / her confinement,
if such materials are available.
Q. Upon receipt of a detainee, he / she shall
be apprised, preferably in the dialect which
he / she understands, that under Article
29 of the Revised Penal Code, as amended
by the Republic Act No. 6125, his / her
preventive imprisonment shall be credited
in the service of his / her sentence,
consisting of deprivation of liberty for the
whole period he / she is detained if he /
she agrees voluntarily in writing to abide
by the same disciplinary rules imposed
upon convicted prisoners;
Provided, that he / she is not a
recidivist or has not been previously
convicted twice or more times of any
crime; and when, upon being
summoned for the execution of his /
her sentence, he / she surrendered
voluntarily.
R. If the inmate agrees to abide by the
same disciplinary rules imposed upon
convicted inmates, he / she shall be
asked to sign a Detainee’s
Manifestation. Otherwise, the warden
issues a Certification under oath to the
effect that the detainee was apprised
of the provisions of Article 29 of the
RPC, as amended, and that the
detainee refused to abide the rules
imposed upon convicted inmates.
S. An inmate who signs a Detainee’s
manifestation shall be treated as a
sentenced inmate insofar as work
and discipline are concerned. Any
failure or neglect to perform his / her
assigned work shall be sufficient
cause for the cancellation of the
Manifestation. Thereafter, he / she
shall not be treated as a convicted
inmate cease to earn the privilege
granted.
T. A Detainee who is covered by a
Certification is not required to work
but he / she may be made to clean
his / her cell and perform such other
work as may be necessary for
hygienic or sanitary reasons. He /
She shall be credited with the service
of his / her sentence with four-fifths
(4/5) of the time during which he /
she was detained.
U. The warden submits the Detainee’s
Manifestation or Certification as the case may
be, to the proper court before the date set for
the arraignment of the inmate and the same
shall form part of the records of the case.

The same procedure shall be followed with


respect to all accused persons who have been
convicted but whose cases are pending appeal
before a higher court. The Detainees
Manifestation or Certification as the case may
be, shall form part of the records of the case.
V. Full credit for the preventive
imprisonment shall commence from
the date of the Detainee’s
Manifestation.
SECTION 2. CLASSIFICATION BOARD
Each jail shall maintain Classification board, if
facilities and personnel are available, to be
composed of the following.
Chairman- Deputy Warden
Member - Chief, Custodial/Security
Office
Member - Medical Officer/ Public
Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and
Development
SECTION 3. DUTIES AND FUNCTIONS
OF THE CLASSIFICATION BOARD

The Classification Board is tasked to


conduct background investigation of
inmates to determine the work assignment,
type of supervision and degree of custody
and restrictions under which an inmate
must live in jail. The investigation shall
focus on:
A. Facts and data of the present case;

B. Earlier criminal history and if he / she is


a recidivist or habitual delinquent, the
facts about his / her attitudes and
behavior while confined in other
institutions.

C. Biography or life history;

D. Medical History
E. Vocational, recreational, educational and
religious background / interest; and,

F. Psychological characteristics as
evaluated by the psychiatrist and
psychologist.
The inmate is required to appear before
the classification Board for a frank
discussion concerning his / her strengths
and weaknesses. After this, he / she is
informed of the program planned for him /
her. He / She is asked if he/ she is willing
to undergo this program for his / her own
good. If necessary, the Board will see to it
that the program planned for the inmate is
followed.
Section 4 . DISCIPLINARY BOARD
A disciplinary Board shall be organized
and maintained by jails for the purpose
of hearing disciplinary cases involving
any inmate who violate jail rules and
regulations. It shall be composed of
the following:
Chairman - Deputy Warden
Member - Chief, Custodial / Security
Officer
Member - Medical Officer /
Public Health Officer
Member - Jail Chaplain
Member - Inmates, Welfare and
Development Officer
Member - Inmate’s Representative

If the above composition is not feasible because of


personnel limitations, the Warden shall perform
the Board’s functions as a Summary Disciplinary
Officer
Section 5. DUTIES AND FUCTIONS
OF THE DISCIPLINARY BOARD
The Board is tasked to investigate the
facts of an alleged misconduct referred to
it. 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.
Section 6. AUTHORIZED DICIPLINARY
PUNISHMENT FOR INMATES
The Board is authorized to impose any of
the following disciplinary punishments:
A. Reprimand ;
B. Temporary or permanent cancellation of
some or all recreational privileges;
C. Cancellation of visiting privileges;
D. Extra-fatigue duty for sentenced inmates;
E. Confinement in a cell, provided that this
punishment shall be imposed only in the
case of an incorrigible inmate, when other
disciplinary measures had been proven
ineffective; and,

F. Transfer to another BJMP jail in the area,


in coordination with the court.
In addition to the above-mentioned
punishment, the Disciplinary Board may
recommend to the Warden partial or full
forfeiture of Good Conduct Time
Allowance (GCTA) to be earned for that
month and subsequent months depending
upon the gravity of the offense.
Section 7. LIMITATIONS ON DICIPLINARY
PUNISHMENT FOR INMATES

The Disciplinary Board shall consider the


following limitations when imposing
disciplinary punishment:

A. No pregnant inmate or one who


breastfeeds a baby shall be subjected to
any disciplinary punishment.
B. No infirmed or handicapped inmate shall
be meted out punishment which might
affect his / her health or physical well-
being.

C. Corporal punishment, confinement in dark


or inadequately ventilated cells and any
form of cruel, unusual, inhuman degrading
punishment are absolutely prohibited.
D. Whenever the penalty of extra-fatigue duty
or solitary confinement imposed may
affect the health of the inmate, he / she
shall be made to undergo medical
examination to determine his / her
physical fitness to serve his / her
punishment.

E. When necessary, the Jail Physician shall


visit the inmates undergoing punishment
and shall advise the Warden for the
termination of the punishment on grounds
of physical or mental health.
F. Instruments of restraint, such as
handcuffs, leg irons and straitjackets are
not to be applied as the form of
punishment. They shall only be used as a
precaution against escape and on medical
grounds to prevent an inmate from
injuring himself or others.

G. Breaches of discipline shall be handled


objectively and decisions shall be
executed firmly and justly.
H. As a general rule, every violation of
discipline shall be dealt with accordingly.
In extreme case 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.
Section 8. PROCEDURES IN THE
HEARING OF DISCIPLINARY CASES

The Following procedures shall be


followed in the hearing of disciplinary
cases:
A. The aggrieved inmate informs any
member of the custodial force of the
violation; the latter in, turn officially
reports the matter to the Desk Officer. If
one of the jail employees knows the
violation committed by the inmate, a
brief description shall be made of the
circumstances surrounding or leading to
the reported violation and all facts
relative to the case;
B. The desk officer simultaneously informs
the Warden and shall immediately cause
the investigation. He / She submit to the
Warden his / her report together with his /
her recommendations;
C. The Warden evaluates the report if he /
she believes that there is no sufficient
evidence to support the alleged violation,
he / she shall dismiss the case. If he / she
believes that sufficient evidence exist, he /
she shall decide the case and impose the
necessary penalty in case of minor
violations. If the offense is less grave or
grave, he / she shall endorse it to the
Disciplinary Board for hearing or decide it
him / herself as a Summary Disciplinary
Officer if there is no Disciplinary board;
D. The inmate shall be confronted of the
reported violation and asked how he / she
pleads to charge. If he / she admits the
violation or pleads guilty, the Board of the
Warden, as the case may be, shall impose
the corresponding punishment;
E. If the inmate denies the charge, the
hearing shall commence with the
presentation of evidence and other
witnesses by the Desk Officer. The inmate
shall the be given the opportunity to
defend him / herself by his / her testimony
and those of his / her witnesses, if any,
and to present other evidences to prove
his / her innocence;
F. After hearing, the Board decides the case
on the merits;

G. Whether the inmate is found guilty or not,


he / she should be advised to obey the
rules and regulations strictly and be
reminded that good behavior is
indispensable for his / her early release
and / or granting of privileges; and.
H. Decisions of the Board or Summary
Disciplinary Officer are subject to review
and approval by the warden and/ or higher
authority, respectively. The inmates may
request by the Warden and / or higher
authority, respectively. The inmates may
request a review of findings of the board
or summary disciplinary officer and the
propriety of the penalty from the National
Headquarters, BJMP, whose decision shall
be final.
SECTION 9. PUNISHABLE ACTS
An inmate is strictly prohibited from
committing any of the following acts:
A. Minor Offenses

1. Selling or bartering with fellow inmate (s)


those items are not classified as
contraband
2. Rendering personal service to fellow
inmates;
3. Untidy or dirty personal appearance;
4. Littering or failing to maintain cleanliness
and orderliness in his / her quarters and /
or surroundings;

5. Making frivolous or groundless


complaints;

6. Taking the cudgels for or reporting


complaints on behalf of other inmates;
7. Late in formation during inmate headcount
without justifiable reason; and,

8. Willful waste of food.


B. LESS GRAVE OFFENSES
1. Failure to report for work detail of
sentenced inmates without sufficient
justification;
2. Failure to render assistance to an injured
personnel or inmate;
3. Failure to assist in putting out fires inside
the jail;
4. Behaving improperly or acting
boisterously during religious, social and
other group functions;
5. Swearing, cursing or using profane or
defamatory language directed at other
persons;
6. Malingering or pretending to be sick to
escape work assignment;
7. Spreading rumors or malicious intrigues
to besmirch the honor of any person,
particularly BMJP personnel;
8. Failure to stand at attention and give due
respect when confronted by or reporting
to any BJMP personnel;
9. Forcing fellow inmates to render personal
service for him / her and / or to others;
10. Exchanging uniforms or wearing clothes
other than those issued to him / her for
the purpose of circumventing jail rules;
11. Loitering or being in an authorized place;
12. Using the telephone without authority
from the Desk Officer / Warden
13. Writing, defacing, or drawing on walls,
floors or any furniture or equipment;
14. Withholding information which may be
inimical or prejudicial to the jail
administration;
15. Possession of lewd or pornographic
literature and / or photographs;
16. Absence from cell, brigade, place of
work during headcount, or at any time
without justifiable reason and;
17. Failure to turn over any implement /
article issued after work detail
C. GRAVE OFFENSES

1. Making untruthful statements or lies in


any official communication, transaction,
or investigation.
2. Keeping on concealing keys or locks of
places in the jail which are off-limits to
inmates;
3. Giving gifts, selling, or bartering with jail
personnel
4. Keeping in his her possession money,
jewelry, cellular phones or other
communication devices and other items
classified as contraband under the rules;
5. Tattooing others or allowing him / her to
be tattooed on any part of the body, or
keeping any paraphernalia to be used in
tattooing;
6. Forcibly taking or extorting money from
fellow inmates and visitors;
7. Punishing or inflicting injury or any harm
upon him / herself or other inmates
8. Receiving, keeping, taking or drinking
liquor and prohibited drugs;
9. Making, improvising or keeping any kind
of deadly weapon;
10. Concealing or withholding information
on plans of attempted escapes;
11. Unruly conduct and flagrant disregard or
discipline and instructions;
12. Escaping, attempting or planning to
escape from the institution or from any
guard;
13. Helping, aiding or abetting others to
escape;
14. Fighting, causing any disturbance or
participating therein and / or agitating to
cause such disturbance or riot;
15. Indecent, immoral or lascivious acts by
him / her or others and / or allowing him /
herself to be the subject to such indecent,
immoral or lascivious acts;
16. Willful disobedience to a lawful order
issued by any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government property or
equipment;
19. Participating in kangaroo court, an
unauthorized or irregular court conducted
with disregard for or perversion of legal
procedures as a mock by the inmates in a
jail / prison.
20. Affiliating with any gang or faction
whose main purpose is to foment
regionalism or to segregate themselves
from others;
21. Failing to inform the authorities
concerned when afflicted with any
communicable disease, such as
tuberculosis, sexually-transmitted
diseases, etc;
22. Engaging in gambling or any game of
chance;
23. Committing any act which is an violation
of any law or ordinance, in which case, he
/ she shall be prosecuted criminally in
accordance with law and;

24. Committing any act prejudicial to good


order and discipline.
RULE III
TREATMENT OF INMATES
WITH SPECIAL NEEDS
The United Nations Standard Minimum
Rules for the Treatment of prisoner
provides that “so far as possible,
separate institutions or separate sections
of an institution shall be used for the
treatment of the different classes of
prisoners”. The BJMP has adhered to this
principle since its creation; however, the
rise in criminality in recent years, coupled
with the passage of more stringent laws
(especially for drug-related offenses)
And the adoption of better crime solution
methods, resulted to a marked increase
in inmate population in BJMP detention
centers. The lack of funds to expand
existing jails or to build new ones
aggravates the situation. This Rule,
therefore, provides guidance to Wardens
and Jail Officers on how to treat inmates
with special needs, given and limited
resources.
SECTION 1. BASIC POLICY
As a general rule, inmates with special needs should
not be held in jails with other regular inmates. For
example, female inmates should be confined in
institutions that are separate from those used for
males. However given the reality of budget
constraints, increasing inmate population,
insufficient facilities and inadequately-equipped
detention homes, Wardens and Jail Officers shall
endeavor to provide the best arrangement they can
for such inmates, in keeping with this Rule. It is
assumed that the inmates have been properly
evaluated and classified for this purpose.
SECTION 2. HANDLING INMATES WITH
SPECIAL NEEDS
The following guidelines shall be observed
in handling of inmates with special
needs:

A. Female

1. The female quarters should be fully


separated from the male quarters.
2. In larger jails, a female personnel may be
designated to keep the keys to the female
quarters and make the same available at
any time.

3. No male inmate shall be allowed to enter


the female quarters; and,

4. Only work suitable to their age and


physical condition should be assigned to
female inmates
B. Drug Users / Dependents / Addicts
1. Inmates found to be drug users /
dependents / addicts / should be
segregated from other inmates,
especially during the withdrawal period;
2. Maintain close supervision of inmates to
prevent attempts to commit suicide or
self-mutilation;
3. Only a qualified physician shall prescribe
sedatives / stimulants deemed
necessary for the inmate’s treatment;
4. Appropriate measures should be taken to
enable inmates to follow strictly the jail
physician’s advice regarding diet and other
medical interventions / treatments during
the withdrawal period; and,

5. Conduct regular search of the inmate’s


quarters and maintain constant alertness
to prevent the smuggling of narcotics and
other dangerous drugs.
C. Alcoholics
1. Place alcoholics in quarters separate
from other inmates and maintain close
supervision to guard against suicide
attempts;
2. Any symptoms of abnormal behavior
among inmates should be reported
immediately to the jail physician; and,
3. Exercise close supervision to guard
against the smuggling of liquor and
other intoxicating drinks or products
containing alcohol.
D. Mentally-ill
1. The mentally-ill should be under the close
supervision of a jail medical personnel;
2. Place the mentally-ill in separate cells and
special restraint rooms provided for
violent cases;
3. Exercise close supervision to guard
against suicide attempts or violent attacks
on others; and
4. The mentally-ill should be transferred as
soon as feasible to mental institutions for
property psychiatric treatment.
C. Sex Deviates
1. Homosexuals should be segregated
immediately to prevent them from
influencing other inmates or being
maltreated or abused by other inmates,
and,

2. Other sex deviates should be separated


from other inmates for close supervision
and control.
F. Suicidal Inmates
1. The suicidal inmate should be given
close and constant supervision;

2. Search their quarters and premises for


tools / materials that can be used for
suicide; and,

3. They should be subjected to frequent


strip searches.
G. The Handicapped, Age and Infirmed
1. These inmates should be housed
separately and closely supervised to
protect them from maltreatment or
abuse by other inmates; and,

2. Special treatment should be given to


these inmates who shall be required to
work in accordance with their physical
capabilities for their own upkeep and to
maintain the sanitation of their quarters
and surroundings.
I. Non-Philippine Citizen Inmates
1. The Warden shall report in writing to the
Bureau of Immigration and the
respective embassies of the detained
foreigners the following:
A. Name of Jail
B. Name of Foreigner
C. Nationality & number of her Alien Cert. or
Registration if any.
D. Age / Sex
E. Offense charged
F. Case Number

G. Court / Branch

H. Status Case

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