LESSON 6.

BJMP DISCIPLINARY BOARD

A disciplinary board shall be organized and maintained for the purpose of

hearing disciplinary cases involving any inmate who violates jail rules and
regulations. It shall be composed of the following:

1. Chairperson – Assistant Warden

2. Member – Chief, Custodial/Security Office

3. Member – Medical Officer/Public Health Officer

4. Member – Jail Chaplain

5. Member – Inmates Welfare and Development Officer

6. Member – Inmates’ Representative

If the above composition is not feasible because of personnel limitation, the

warden shall perform the board’s functions and he shall act as the summary
disciplinary officer.

A. DUTIES AND FUNCTIONS 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.

B. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES

FOR INMATES – The Board is authorized to impose any of

The following disciplinary actions / measures:

For detainees For prisoners

a. Admonition or a. Admonition or verbal
verbal reprimand;
reprimand;
b. Restitution or b. Restitution or
reparation; reparation;
c. Temporary or c. Additional job
permanent functions/
cancelation of all or community service
some recreational within
privileges;
d. Reduction of visiting d. Temporary or
time; permanent
 cancellation of some or
all
recreational privileges;
e. Close confinement in e. Reduction of visiting
a cell time;
for a period not
exceeding
seven (7) days in any
calendar month,
provided that this
disciplinary action shall
be imposed only in
the case of an
incorrigible
inmate, and when other
disciplinary measures
had been proven
ineffective; and
f. Transfer to another f. Close confinement in
BJMP jail in the area, a cell for a period not
in coordination with the exceeding seven (7)
Court. days in any
calendar month,
provided that this
disciplinary action shall
be imposed only in
the case of an
incorrigible inmate, and
when other disciplinary
measures had been
proven ineffective;
g. Transfer to another
coordination with the
Court;
BJMP jail in the area in
h. Suspension of
visiting
privileges for a period
not exceeding one (1)
month, provided that
this sanction shall not
apply to the lawyer,
physician or religious
minister serving the
needs of the prisoner.
i. Permanent
 cancellation
of visiting privileges
with
respect to persons not
included in the
definition of immediate
family under RA 7438,
provided that this
sanction shall not apply
to the lawyer, physician
or religious minister
serving the needs of
the prisoner. In addition
to the abovementioned
punishment, the
disciplinary board may
recommend to the
warden partial or full
forfeiture of good
conduct time allowance
(GCTA) to be earned for
a particular month and
subsequent months
depending upon the
gravity of the offense.

C. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES

The Disciplinary Board shall consider the following limitations when imposing
disciplinary punishment:

1. No female inmate shall be subjected to any disciplinary punishment

which might affect her unborn or nursing child;
2. No infirm or handicapped offender shall be meted out punishment,
which might affect his/her health of physical well-being;
3. Corporal punishment, confinement in dark or inadequately ventilated
cells and any form of cruel, unusual, inhumane or degrading
punishment are absolutely prohibited;
4. When necessary, the jail physician shall visit the detainee/prisoner
undergoing punishment and shall advise the warden of the need for
the termination of the punishment imposed upon the inmate on
grounds of the inmate’s physical or mental health;
5. Instruments of restraint, such as handcuffs, leg irons and straitjackets
are not to be applied as a form of punishment. They shall only be used
 as a precaution against escape and on medical grounds to prevent an
offender from injuring himself or others;
6. Breaches of discipline shall be handled without anger or emotionalism
and decisions shall be executed firmly and justly; and
7. As a general rule, any violation of jail rules and
Regulations or misconduct committed by the inmate shall be dealt with
accordingly. In extreme cases where the violation necessitates
immediate action, the warden or the officer of the day may administer
the necessary restraints and report the action he or she has taken to
the disciplinary board.
D. PROCEDURES IN THE HEARING OF DISCIPLINARY
CASES
The following procedures shall be followed in the hearing of disciplinary
cases:
1. The aggrieved inmate or any person (visitor, inmate or
personnel) reports the violation to the Desk Officer;
2. The desk officer shall immediately submit a written report to the
warden and the latter shall direct the Investigation Unit to
conduct an investigation within twenty-four (24) hours upon
receipt of the directive.
3. The Investigation Unit shall submit to the Warden their report
together with their recommendations;
4. The warden shall evaluate the report and 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 exists, 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 himself/herself as a in his or her
capacity as summary disciplinary officer in the absence of a
disciplinary board;
5. The inmate shall be confronted of the reported violation and
asked how he/she pleads to the charge. If he/she admits the
violation or pleads guilty, the Board or the Warden, as the case
may be, shall impose the corresponding authorized disciplinary
action;
6. If the inmate denies the charge, a summary hearing shall be held
giving the opportunity for both parties to present their
testimonies and those of their witnesses, if any, and to present
evidence to shed light on the case;
 7. After the hearing, the board shall decide with the merits of the
case as bases;
8. 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 the granting of privileges; and
9. Decisions of the Board are subject to review and approval by the
warden whose decision should be final and executory.

E. PUNISHABLE ACTS

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

1. MINOR OFFENSES

a. Selling or bartering with fellow inmate(s) those items not

classified as contraband;
b. Rendering personal service to fellow inmate(s);c. Untidy or
dirty personal appearance;
C. Untidy or dirty personal appearance
d. Littering or failing to maintain cleanliness and orderliness
in his/her quarters and/or surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf
of other inmates;
e. Reporting late for inmate formation and inmate headcount
without justifiable reasons;

2. LESS GRAVE OFFENSES

a. Failure to report for work detail without sufficient
justification;
b. Failure to render assistance to an injured personnel or
inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during religious,
Social and other group functions;
e. Swearing, cursing or using profane or defamatory language
directed at other persons;
f. Malingering or pretending to be sick to skip work
assignment;
g. Spreading rumors or malicious intrigues to besmirch the
honor of any person, particularly BJMP personnel;
h. Failure to stand at attention and give due respect when
confronted by or reporting to any BJMP personnel;
i. Forcing fellow inmates to render personal service to him/
her and/or to others
j. Exchanging uniforms or wearing clothes other than those
issued to him/her for the purpose of circumventing jail
rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from the desk
officer /warden;
m. Writing, defacing, or drawing on walls, floors or any
furniture or equipment;
n. Withholding information, which may be inimical or
prejudicial to the jail administration;
o. Possession of lewd or pornographic literature and/or
photographs
p. Absence from cell, brigade, place of work during headcount,
or at any time without justifiable reason;
q. Failure to turn over any implement/article/s issued after
work detail.

3. GRAVE OFFENSES
a. Making untruthful statements or lies in any official
communication, transaction, or investigation;
b. Keeping or concealing keys or locks of places in the jail
which are off-limits to inmates;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, cellular phones or
other communication devices and other items classified as
contraband under the rules;
e. Tattooing others or allowing him/her to be tattooed on any part of
the body, or keeping any paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from fellow inmates and
visitors; g. Punishing or inflicting injury or any harm upon
himself/herself or other inmates; Receiving, keeping, taking or
drinking liquor and prohibited drugs;
g. Punishing or inflicting injury or any harm upon himself/herself of
other inmates;. Receiving, keeping, taking or drinking liquor and
prohibited drugs;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;
i. Making, improvising or keeping any kind of deadly weapon;
j. Concealing or withholding information on plans of attempted
escapes;
k. Unruly conduct and flagrant disregard for discipline and
instructions;
l. Escaping, attempting or planning to escape from the institution or
from any guard;
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating therein
and/or agitating to cause such disturbance or riot;
0. Indecent, immoral or lascivious acts by himself/herself or others
and/or allowing himself/herself to be the subject of such indecent,
immoral or lascivious acts;
p. Willful disobedience to a lawful order issued by any BJMP
personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. Participating in kangaroo court, an unauthorized or irregular court
conducted with disregard for or perversion of legal procedures as a
mock court by the inmates in jail/prison;
t. Affiliating with any gang or faction whose main purpose is to
foment regionalism or to segregate themselves from others;
u. Failing to inform the authorities concerned when afflicted with any
communicable disease, such as tuberculosis, sexually-transmitted
diseases, etc.;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance, in which
case, he/she shall be prosecuted criminally in accordance with law;
x. Committing any act prejudicial to good order and discipline.

Any personnel, especially warden, found to be allowing and tolerating any

violation mentioned above will be immediately relieved from his/her
designation without prejudice to his or her being administratively charged.