CORRECTIONAL ADMINISTRATION

INSTITUTIONAL CORRECTION

INSTITUTIONAL CORRECTION VS NON-INSTITUTIONAL CORRECTION

INSTITUTIONAL NON INSTITUTIONAL

The reformation and rehabilitation of criminal The reformation and rehabilitation of criminal
offenders are held inside a correctional institution offenders are provided in community /
or penal establishment outside prison

BJMP, DSWD, BUCOR Parole, Probation, Executive Clemencies

Jails and Prisons

CORRECTION vs PENOLOGY

CORRECTION PENOLOGY

Branch of criminal justice system Branch of criminology

Responsibility for the custody, supervision, and - Aka Penal Science

rehabilitation, of the convicted offender. - Prison management and treatment of
offenders
- Prevention through punishment
- The term is derived from the Latin word
“POENA” which means pain or suffering.
- Penology has stood in the past and, for the
most part, still stands for the policy of inflicting
punishment on the offender as a
consequence of his wrongdoing.

CORRECTION AS A PROCESS:

- Refers to the reorientation of the criminal offender to prevent him or her from repeating
his deviant or delinquent actions without the necessity of taking punitive actions but
rather the introduction of individual measures of reformation.

CORRECTIONAL ADMINISTRATION:
- The practice of a systematic management correctional institution and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.
 PENAL MANAGEMENT:
- Refers to the manner or practice of managing or controlling places of confinement as
in jails or prisons.

CARPETA VS PRISON RECORD

Carpeta - otherwise known as “inmate record or jacket”, contains the personal and
criminal records of inmates, documents related to his/her incarceration such as but not
limited to: commitment order, subpoenas, personal identification, orders from the court,
and all other papers necessarily connected with the detention of an inmate. (BJMP 2015
MANUAL)

CARPETA PRISON RECORD

1. mittimus/commitment order, 1. personal circumstances,

2. the prosecutor’s information and 2. offense he committed,
3. the decision of the trial court, including the 3. sentence imposed,
appellate court 4. date he commenced service of his
sentence,
5. date he was received for confinement,
6. the place of confinement,
7. the date of expiration of his sentence,
8. the number of previous conviction
9. behavior and conduct while in prison.

MITTIMUS vs COMMITMENT ORDER

MITTIMUS - a warrant issued by a court bearing its seal and the signature of the
judge, directing the jail or prison authorities to receive inmates for the service of
sentence.

COMMITMENT ORDER - a written order of the court, or any other agency

authorized by law to issue, entrusting an inmate to a jail for the purpose of safekeeping
during the pendency of his/her case.

ILLEGAL CONTRABAND vs NUISANCE CONTRABAND

 ILLEGAL CONTRABAND NUISANCE CONTRABAND

unlawful in themselves forbidden by jail rules

dangerous drugs, weapons, potential weapons, liquors, cigarettes, pornographic materials,

explosives gambling paraphernalia

prohibited by law threaten the security

OPERATION GREYHOUND – (SURPRISE SEARCH - It aims to eliminate in all

BJMP manned facilities any form of contrabands that could have adverse implications
on overall administration of the facilities and to ultimately establish order in all
jails, promote operational efficiency and encourage adherence to prescribed
operating policies. (BJMP MANUAL 2015)

SHAKEDOWN GREYHOUND

Done before admitting an inmate Done while an inmate is inside a prison cell

Search for contrabands Search for contrabands

Done to in regular basis Done in surprise manner

HISTORICAL PERSPECTIVE ON CORRECTIONS

Important Dates and Events in the History of Corrections:

13th Century – Securing Sanctuary

In the 13th C, a criminal could avoid punishment by claiming refugee in a church
for a period of 40 days at the end of which time he has compelled to leave the realm by
a road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England was authorized. At the end of the
16th C, Russia and other European Countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.

Reasons why Death Penalty became the usual Punishment during this period and
thereafter:
 1. Death of outlaws became a “protection for the English people”. It is because
the people during this period did not totally believe yet in the ability to a strong police
force to combat criminals.
2. People lack confidence in the transportation of criminals. Gaols and Galleys
became center of corruption and ineffective instruments of punishment.
3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of
threat in order to deter or prevent the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to protect property rights
and maintain public peace and order. The system of maintaining public order had little
consideration or it did not recognize the social and economic condition of the lower
working class. The lawmakers and enforcers used death penalty to cover property loss
or damage without further contemplating the value of life of other people.

Gaols - (Jails) – pretrial detention facilities operated by English Sheriff.

Galleys – A long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16 th century.
Hulks – Former warships used to house prisoners in the 18 th and 19th century. These
were abandoned warships converted into prisons as means of relieving congestion of
prisoners. They were also called “floating hells”.

The Primary Schools of Penology

1. The Classical School – it maintains the “doctrine of psychological hedonism” or
“free will”. That the individual calculates pleasures and pains in advance of action and
regulates his conduct by the result of his calculations.

2. The Neo-classical School – it maintained that while the classical doctrine is

correct in general, it should be modified in certain details. Since children and lunatics
cannot calculate the differences of pleasures from pain, they should not be regarded as
criminals, hence they should be free from punishment.

3. The Positivist/Italian School – the school that denied individual responsibility and
reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any
other act, is a natural phenomenon. Criminals are considered as sick individuals who
need to be treated by treatment programs rather than punitive actions against them.

The Primitive Society

In the beginning of civilization, acts are characterized by behavioral controls
categorized as: forbidden acts, accepted acts, and those acts that are encouraged.
Crimes, violence, rebellious acts and other acts, which are expressly prohibited
by the society, fall as forbidden acts. Accepted acts are those that can be beneficial to
the welfare of the society such as early traditions and practices, folkways, norms, those
that are controlled by social rules, and laws.
Encourage acts are anything approved by the majority which is believed to be
beneficial to the common good. These things include marrying; having children, crop
production, growing food, etc
 Punishment is required when those who intend to violate the rules do not comply
with these practices.
The complex society gradually evolved changing the social rules into a more
structured sanctions to prevent the violations of those rules essential to group survival.
These sanctions have been codified into written rules or laws. And the reward for
obeying those laws is simply the ability to function as a respected and productive
member of society.

Redress (Compensation) of a wrong act

Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any
one (in the primitive society). The concept of personal revenge by the victim’s family or
tribe against the family or tribe of the offender, hence “blood feuds” was accepted in the
early primitive societies.

Fines and Punishment – Customs has exerted effort and great force among
primitive societies. The acceptance of vengeance in the form of payment (cattle, food,
personal services, etc) became accepted as dictated by tribal traditions. As tribal
leaders, elders and later kings came into power, they begun to exert their authority on
the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by
ordeal) but if they refuse to abide by the law imposed, they will be declared to be an
outlaw.

Early Codes:
History has shown that there are three main legal systems in the world, which
have been extended to and adopted by all countries aside from those that produced
them. In their chronological order, they are the Roman, the Mohammedan or Arabic and
the Anglo-American Laws. Among the three, it was Roman law that has the most lasting
and most pervading influence. The Roman private law (Which include Criminal Law),
especially has offered the most adequate basic concepts which sharply define, in
concise and inconsistent terminology, mature rules and a complete system, logical and
firm, tempered with a high sense of equity.
(Coquia, Principles of Roman Law, 1996)

1. Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC,
credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes
were nearly one hundred years older.
2. Roman and Greek Codes
a. Justinian Code– 6th C A.D., Emperor Justinian of Rome wrote his code of
law.
An effort to match a desirable amount of punishment to all possible crimes. However,
the law did not survive due to the fall of the Roman Empire but left a foundation of
Western legal codes.
 * The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest
codification of Roman law incorporated into the Justinian Code. It is the foundation of all
public and private law of the Romans until the time of Justinian. It is also a collection of
legal principles engraved on metal tablets and set up on the forum.

b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that
provides the same punishment for both citizens and the slaves as it incorporates
primitive concepts (Vengeance, Blood Feuds).
* The Greeks were the first society to allow any citizen to prosecute the offender in the
name of the injured party.

3. The Burgundian Code (500 A.D) – specified punishment according to the social
class of offenders, dividing them into: nobles, middle class and lower class and
specifying the value of the life of each person according to social status.

Early Codes (Philippine Setting)

The Philippines is one of the many countries that cane under the influence of the
Roman Law. History has shown that the Roman Empire reached its greatest extent to
most of continental Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on
December 7, 1889, the “Conquistadores” and the “Kodigo Penal”(The Revised Penal
Code today, 1930) was introduced by the Spaniards promulgated by the King of Spain.
Basically, these laws adopted the Roman Law principles.

Mostly tribal traditions, customs and practices influenced laws during the Pre-
Spanish Philippines. There were also laws that were written which includes:

a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe
law that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law

Early Prisons:

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

Other places of confinement in the history of confinement include

FORTRESSES, CASTLES, and TOWN GATES that were strongly built purposely
against roving bands of raiders.

The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in

London which was built for the employment and housing of English prisoners.

Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It

was converted into a state prison and became the first American Penitentiary.
Early prisons in the Philippines

During the Pre-Spanish period, prison system in the Philippines was tribal in
nature. Village chieftains administered it. It was historically traced from the early written
laws.
In 1847, the first Bilibid Prison was constructed and became the central place of
confinement for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.

In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys’ training school. Today, the old Bilibid
Prison is now being used as the Manila City Jail, famous as the “ May Halique Estate”.

THE EMERGENCE OF SECULAR LAW

4th A.D. - Secular Laws were advocated by Christian philosophers who

recognizes the need for justice. Some of the proponents these laws were St. Augustine
and St. Thomas Aquinas.

Three Laws were distinguished:

1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)

All these laws are intended for the common good, but the Human law only
become valid if it does not conflict with the other two laws.

PUNISHMENT

Punishment- It is the redress that the state takes against an offending member of
society that usually involve pain and suffering.
- It is also the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment:

1. Death Penalty – affected by burning, beheading, hanging, breaking at the

wheels, pillory and other forms of medieval executions.
2. Physical Torture – affected by maiming, mutilation, whipping and other
barbaric forms of inflicting pain.

3. Social Degradation – putting the offender into shame or humiliation.

4. Banishment or Exile – the sending or putting away of an offender which was

carried out either by prohibition against coming into a specified territory such as an
island to where the offender has been removed.

5. Other similar forms of punishment like transportation and slavery.

Early Forms of Prison Discipline:

1. Hard Labor - productive works.

2. Deprivation – deprivation of everything except the bare essentials of existence.

3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to
perform drab or boring daily routine.

4. Uniformity – “we treat the prisoners alike”. “The fault of one is the fault of all”.

5. Mass Movement – mass living in cell blocks, mass eating, mass recreation,
mass bathing.

6. Degradation – uttering insulting words or languages on the part of prison staff

to the prisoners to degrade or break the confidence of prisoners.

7. Corporal Punishment – imposing brutal punishment or employing physical force to

intimidate a delinquent inmate.

8. Isolation or Solitary Confinement – non-communication, limited news, “the lone

wolf”.

Contemporary Forms of Punishment:

1. Imprisonment – putting the offender in prison for the purpose of protecting the
public against criminal activities and at the same time rehabilitating the prisoners by
requiring them to undergo institutional treatment programs.

2. Parole - a conditional release of a prisoners after serving part of his/her

sentence in prison for the purpose of gradually re-introducing him/her to free life under
the guidance and supervision of a parole officer.

3. Probation – a disposition whereby a defendant after conviction of an offense,

the penalty of which does not exceed six years imprisonment, is released subject to the
conditions imposed by the releasing court and under the supervision of a probation
officer.

4. Fine – an amount given as a compensation for a criminal act.

5. Destierro – the penalty of banishing a person from the place where he

committed a crime, prohibiting him to get near or enter the 25-kilometer perimeter.

PURPOSES/JUSTIFICATIONS OF PUNISHMENT
 1. Retribution – the punishment should be provided by the state whose sanction
is violated, to afford the society or the individual the opportunity of imposing upon the
offender suitable punishment as might be enforced. Offenders should be punished
because they deserve it.

2. Expiation or Atonement – it is punishment in the form of group vengeance

where the purpose is to appease the offended public or group.

3. Deterrence – punishment gives lesson to the offender by showing to others what

would happen to them if they violate the law. Punishment is imposed to warn potential
offenders that they cannot afford to do what the offender has done.

4. Incapacitation and Protection – the public will be protected if the offender has
being held in conditions where he cannot harm others especially the public. Punishment
is effected by placing offenders in prison so that society will be ensured from further
criminal depredations of criminals.

5. Reformation or Rehabilitation – it is the establishment of the usefulness and

responsibility of the offender. Society’s interest can be better served by helping the
prisoner to become law abiding citizen and productive upon his return to the community
by requiring him to undergo intensive program of rehabilitation in prison.

THE AGE OF ENLIGHTENMENT

18th Century is a century of change. It is the period of recognizing human dignity.

It is the movement of reformation, the period of introduction of certain reforms in the
correctional field by certain person, gradually changing the old positive philosophy of
punishment to a more humane treatment of prisoners with innovational programs.

The Pioneers:
1. William Penn (1614-1718)
- He fought for religious freedom and individual rights.
- He is the first leader to prescribe imprisonment as correctional treatment
for major offenders.
- He is also responsible for the abolition of death penalty and torture as a
form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de

Montesiquieu)
- (1689- 1755) A French historian and philosopher who analyzed law as
an expression of justice. He believe that harsh punishment would undermine morality
and that appealing to moral sentiments as a better means of preventing crime.

3. VOLTAIRE (Francois Marie Arouet)

 - (1694- 1778) He was the most versatile of all philosophers during this
period. He believes that fear of shame was a deterrent to crime. He fought the legality-
sanctioned practice of torture.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)

- He wrote an essay entitled “An Essay on Crimes and Punishment”, the
most exiting essay on law during this century. It presented the humanistic goal of law.

5. Jeremy Bentham (1748-1832) – 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.

.Bentham was the one who devise the ultimate PANOPTICAN PRISON – a
prison that consists of a large circular building containing multi cells around the
periphery. It was never built.

6. John Howard (1726 – 1790) – the sheriff of Bedsfordshire in 1773 who

devoted his life and fortune to prison reform. After his findings on English Prisons, he
recommended the following: single cells for sleeping - segregation of women -
segregation of youth - provision of sanitation facilities - abolition of fee system by which
jailers obtained money from prisoners.

THE REFORMATORY MOVEMENT:

1. Alexander Mocanochie – He is the Superintendent of the penal colony at

Norfolk Island in Australia (1840) who introduced the “Mark System”. A system in which
a prisoner is required to earn a number of marks based on proper department, labor
and study in order to entitle him for a ticket for leave or conditional release which is
similar to parole.

2. Manuel Montesimos – The Director of Prisons in Valencia Spain (1835) who

devided the number of prisoners into companies and appointed certain prisoners as
petty officers in charge, which allowed good behavior to prepare the convict for gradual
release.
3. Domets of France – established an agricultural colony for delinquent boys in
1839 providing housefathers as in charge of these boys.

4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the
Borstal Institution for young offenders. The Borstal Institution is considered as the
best reform institution for young offenders today.

5. Walter Crofton – He is the Director of the Irish Prison in 1854 who introduced
the Irish system that was modified from the Mocanochie’s mark system.

6. Zebulon Brockway – The Director of the Elmira Reformatory in New York

(1876) who introduced certain innovational programs like the following: training school
type - compulsory education of prisoners - casework methods - extensive use of parole
- indeterminate sentence

* The Elmira Reformatory is considered forerunner of modern penology because it had

all the elements of a modern system.

The Two Rival Prison System in the History of Correction

A. The Auburn Prison System – the prison system called the “Congregate
System”.
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was enforced.

B. The Pennsylvania Prison System – the prisons system called “Solitary

System”.
- Prisoners are confined in single cells day and night where they lived,
they slept, and they ate and receive religious instructions. Complete Silence was also
enforced. They are required to read the Bible.

PENALTY and THE MODERN PERIOD OF CORRECTION

PENALTY is defined as the suffering inflicted by the state against an offending member
for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human
personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding
citizens.

Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
 The Modern Period of Correction

Modern Penal Management incorporates general principles of treating offenders

that are based on humane practices such as the following:

1. Jail or Prison rules shall be applied impartially without discrimination on

ground of race, color, language, religion or other opinion, national or social
origin, property, birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner
holds, must be respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered
with understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or
degradation.
7. No use of force must be made by any of the custodial force, except in self-
defense or attempt to escape or in case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are sick people who need
treatment.

THE PHILIPPINE PRISON SYSTEM

I. Bureau of Corrections

Bureau of Prisons was renamed Bureau of Corrections under Executive Order

292 passed during the Aquino Administration. It states that the head of the Bureau of
Corrections is the Director of Prisons who is appointed by the President of the
Philippines with the confirmation of the Commission of Appointments.

The Bureau of Corrections has general supervision and control of all national
prisons or penitentiaries. It is charged with the safekeeping of all Insular Prisoners
confined therein or committed to the custody of the Bureau.

Coverage of the Bureau of Corrections

a. National Bilibid Prisons (Muntinlupa, Rizal)

- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
b. Correctional Institution for Women (Mandaluyong)
c. The Penal Colonies:
- Sablayan Penal Colony and Farm (Occ. Mindoro)
- Iwahig Penal Colony and Farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
 - San Ramon Penal Colony and Farm (Zamboanga)
- Leyte Regional Prison (Abuyog Leyte)
d. Reception and Diagnostic Center (RDC)

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison (Camp Sampaguita) where new prisoners undergo
diagnostic examination, study and observation for the purpose of determining the
programs of treatment and training best suited to their needs and the institution to which
they should be transferred.

It is composed of the following staff members:

1. The Psychiatrist – responsible in the examination of the prisoner’s mental and
emotional make-up.
2. The Psychologist – responsible to conduct study on the character and behavior of
the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change
inmates’ attitude towards education and recommends educational program for the
prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills
and recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical
treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of
inmates.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is
given thorough physical examination including blood test, x-rays, vaccinations and
immunity. This is for the purpose of insuring that the prisoner is not suffering from any
contagious disease, which might be transferred to the prison population.

ADMISSION PROCEDURES IN PRISON

1. RECEIVING – the new prisoner is received at the RDC. The new prisoner
usually comes from a provincial or city jail where he was immediately committed upon
conviction by the court, and escorted by the escort platoon during his transfer to the
National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the
commitment papers if they are in order. That is, if they contain the signature of the judge
or the signature of the clerk of court, and the seal of the court.
 3. IDENTIFICATION – the prisoner’s identity is established through the picture
and fingerprint appearing in the commitment order. This is to insure that the person
being committed is the same as the person being named in the commitment order.

4. SEARCHING – this step involves the frisking of the prisoner and searching his
personal things. Weapons and other items classified as contraband are confiscated and
deposited to the property custodian. Other properties are deposited with the trust fund
officer under recording and receipts.
5. BRIEFING AND ORIENTATION – the prisoner will be brief and oriented on the
rules and regulations of the prison before he will be assigned to the RDC or the
quarantine unit.

THE TREATMNENT PROGRAMS

A. The Institutionalized Treatment Programs

1. Prison Education – the cornerstone of rehabilitation. It is the process or result

of formal training in school or classrooms intended to shape the mind and attitude of
prisoners towards good living upon their release.
2. Work Programs – these are programs conducive to change behavior in
morale by training prisoners for a useful occupation. It is purposely to eliminate idleness
on the part of prisoners, which may contribute to “Prison stupor”, and it affects the
incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the
attitudes of inmates by inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time
schedule.
5. Medical and Health Services - Medical and health services includes: Mental
and physical examination Diagnosis and treatment – Immunization – Sanitary -
inspections - Participation in training
6. Counseling and Casework

PRISON:

- A penitentiary, an institution for the imprisonment (incarceration) of persons

convicted of major/ serious crimes.
- A building, usually with cells, or other places established for the purpose of
taking safe custody or confinement of criminals.
- A place of confinement for those for those charged with or convicted of offenses
against the laws of the land.

WHO IS A PRISONER?
 - A prisoner is a person who is under the custody of lawful authority. A person,
who by reason of his criminal sentence or by a decision issued by a court, may be
deprived of his liberty or freedom.
- A prisoner is any person detained/confined in jail or prison for the commission
of a criminal offense or convicted and serving in a penal institution.
- A person committed to jail or prison by a competent authority for any of the
following reasons: To serve a sentence after conviction – Trial – Investigation –

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or
awaiting trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of
Courts.
2. Sentenced Prisoners – offenders who are committed to the jail or prison in
order to serve their sentence after final conviction by a competent court. They are
prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are
detained in order to protect the community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.

Classification of Sentenced Prisoners:

1. Insular or National Prisoners

- Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but
appealed the judgment and unable to file a bond for their temporary liberty.

2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years or a fine not more than 1,000 pesos, or both; or
- Those detained therein waiting for preliminary investigation of their
cases cognizable by the RTC.
3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years
or a fine of not more than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and
under Preliminary Investigation.

4. Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1 day to
6 months.
- Those detained therein whose trials of their cases are pending with the
MTC.

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY:

 1. Super Maximum Security Prisoners
- A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbances even in a maximum
security prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners

- The group of prisoners whose escape could be dangerous to the public or to
the security of the state.
- It consist of constant troublemakers but not as dangerous as the super
maximum-security prisoners. Their movements are restricted and they are not allowed
to work outside the institution but rather assigned to industrial shops with in the prison
compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they
wear orange color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or
those whose sentenced are under the review of the Supreme Court, and offenders who
are criminally insane having severe personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
3. Medium Security Prisoners
- Those that cannot be trusted in open conditions and pose lesser danger than
maximum-security prisoners in case they escape.
- It consists of groups of prisoners who may be allowed to work outside the fence
or walls of the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear
blue color of uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-
sentenced prisoners who served at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably trusted to serve sentence under
“open conditions”.
- This group includes prisoners who can be trusted to report to their work
assignments without guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear
brown color uniforms.
WHAT IS A JAIL?

JAIL – is a place for locking-up of persons who are convicted of minor offenses
or felonies who are to serve a short sentences imposed upon them by a competent
court, or for confinement of persons who are awaiting trial or investigation of their cases.

Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for
temporary confinement of an individual held for investigation.

2. Ordinary Jails – is the type of jail commonly used to detain a convicted

criminal offender to serve sentence less than three years.
 3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody
offenders who are serving short sentences or those who are undergoing constructive
work programs. It provides full employment of prisoners, remedial services and
constructive leisure time activities.

PROVINCIAL JAILS
Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of
Corrections. They are managed and controlled by the provincial government.

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).

Mission of the BJMP: The Jail Bureau shall direct, supervise and control the
administration and operation of all district, city and municipal jails to affect a better
system of jail Management nationwide.

Objectives of the BJMP:

1. To improve the living conditions of the offenders in accordance with the

accepted standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their
eventual reintegration into the mainstream of society upon their release.
3. To professionalize jail services.

Principles of the BJMP:

1. It is the obligation of jail authorities to confine offenders safely and provide

rehabilitative programs that will negate criminal tendencies and restore their positive
values to make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his
ultimate return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be
presumed innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public
safety.
4. Offenders are human beings entitled to the same basic rights and privileges
enjoyed by citizens in a free society, except that the exercise of these rights are limited
or controlled for security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of
every person confined in jail and it is the duty of jail facilities to arrange for their
treatment subject to security measures.
 6. Members of the custodial force shall set themselves as examples by
performing their duties in accordance with the rules and respect the laws duly
constituted by authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the
offenders.
8. No jail personnel shall use unnecessary force on offenders except for
legitimate self-defense or in cases of attempted active and passive physical resistance
to a lawful order.
9. No penalty shall be imposed upon any offender for violation of
rules/regulations unless in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no
physical punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need
treatment and counseling and the primary purpose of confinement is for safekeeping
and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard
for every 7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be
observed. In case of high-risk offender that demands extra precaution additional guards
shall be employed. This manning level shall be national in scope for effective jail
administration.

POWERS, FUNCTIONS AND ORGANIZATION OF THE BJMP

A. Powers
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.

B. Functions
In line 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;
4. Conduct researches, develop and implement plans and programs for the
improvement of jail services throughout the country.

C. Organization and Key Positions in the BJMP

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section
60, R.A. no. 6975, and initially consisting of uniformed officers and members of the Jail
management and Penology service as constituted under P.D. no. 765.
 The Bureau shall be headed by a chief with the rank of Director, and assisted by
a Deputy Chief with the Rank of Chief Superintendent.

The Central Office is the Command and Staff HQ of the Jail Bureau composed of
3 Command Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6
Personal Staff Groups namely:

Regional Office:
At the Regional Level, each Region shall have a designated Assistant regional
Director for Jail management and Penology.

Provincial Level:
In the Provincial Level, there shall be designated a Provincial Jail Administrator
to perform the same functions as the ARDs province wide.

District Office:
In the District Level, where there are large cities and municipalities, a district jail
with subordinate jails, headed by a District warden may be established as
necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head each jail.

Rank Classification of the BJMP:

RANK POSITION/TITLE APPOINTING AUTHORITY
Director Chief of the BJMP Secretary of DILG
C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
Supt. Asst. Regional Dir. same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Chief of the BJMP
JO1
Duties and Responsibilities:

A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
* Security, safety, discipline and well being of inmates

- The office of the warden may organize the following units:

1. Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to the office
of the warden on matter regarding the jail condition.
2. Jail Inspectorate Section
 - Inspect jail facilities, personnel, and prisoners and submit reports to
the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public
support.

B. ASSISTANCE WARDEN

- The office of the Assistant Warden undertakes the development of a systematic

process of treatment.
- Chairman of the Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS

The administrative groups take charge of all administrative functions of the jail
bureau.
1. Personnel Management Branch
- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keep and maintain booking sheets and arrest reports
- Keep an orderly record of fingerprints and photographs
- Present/ Prepare statistical data of inmates
3. Property and Supply Branch
- Take charge of the safekeeping of equipment and supplies and materials
needed for the operation of the jail.
4. Budget and Finance Branch
- Take charge of all financial matters such as budgeting, financing,
accounting, and auditing.
5. Mess Service Branch
- Take charge of the preparation of the daily menu, prepares and cook the
food and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and
equipments. It is also task with the cleanliness and beautification of the jail
compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the full
completion of the service of sentence of inmates.

Mittimus – is a warrant issued by a court directing the jail or prison authorities to

receive the convicted offender for the service of sentence imposed therein or for
detention.

D. SECURITY GROUPS:
 - The security groups provides a system of sound custody, security and control of
inmates and their movements and also responsible to enforce prison or jail discipline.

1. Escort Platoon
a) Escort Section – to escort inmate upon order of any judicial body; upon
summon of a court; or transfer to other penal institutions.
b) Subpoena Section – receives and distribute court summons, notices,
subpoenas, etc.

2. Security Platoon – a three (3) working platoon shifts responsible for overall
security of the jail compound including gates, guard posts and towers.
They are also responsible for the admitting and releasing unit.

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their families to
enable them to solve their individual needs and problems arising from the prisoners’
confinement.

1. Medical and Health Services Branch

- Provides medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct medical and physical examinations
and provide medicines or recommends for the hospitalization of seriously ill prisoners or
inmates. It also conducts psychiatric and psychological examinations.
2. Work and Education Therapy Services
- It takes charge of the job and educational programs needed for
rehabilitation of inmates by providing them job incentives so they can earn and provide
support for their families while in jail.
3. Socio- Cultural Services
- It takes care of the social case work study of the individual prisoners by
making interviews, home visits, referral to community resources, free legal services, and
liaison works for the inmates.
4. Chaplaincy Services
- It takes charge of the religious and moral upliftment of the inmates
through religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services
- Responsible for the individual and group counseling activities to help
inmates solve their individual problems and to help them lead a wholesome and
constructive life.