INSTITUTIONAL-CORRECTION (1)

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CRIMINAL JUSTICE PROGRAM

Gingoog City

INSTRUCTOR : JO1 SERATO,


LIONEL OCLARET., JMP,RCrim.
SUBJECT CODE : C.A. 1
DESCRIPTIVE TITLE : CORRECTIONAL
ADMINISTRATION
(Institutional
Corrections)
UNITS : 3

CORRECTIONS defined as:


the study or methods used or employed
for punishment and a deterrent of such
behaviour also to accompany the
punishment with measures that are
intended to change or correct the
offender.
legally defined as the branch of the
Criminal Justice charged with the
responsibility of custody, supervision
and rehabilitation of convicted offender.
refers to confinement and treatment of
adult offenders and juvenile delinquents.
a generic term that includes all
government agencies facilities,
programs, procedure, custody and
treatment of the offenders.
PENOLOGY – is that part of the science of
criminology that studies the principles of
punishment and the management of prisons,
reformatories and other confinement units. This
term is coined by Francis Liber.
POENALIS – a Latin word which means
“Punishment”.
POENE – a Greek word which means
“penalty or fine”.
ELEMENTS OF CORRECTION:
1. Prison – it is a custodial institution for
the confinement of sentenced prisoners
serving
imprisonment of more than three
years. Operated by the state.
2. Jail – usually called “the cloacal region
of correction”, is a place of confinement for
sentenced prisoners serving imprisonment
of three years and below or for a detained
person under custodial investigation, waiting
for trial and final judgment. This is usually
operated by the city government.
3. Probation – it is a disposition under
which a defendant after conviction and
sentenced is released subject to conditions
imposed by the court.
4. Detention – refers to the holding of a
person in secure custody while awaiting for
criminal charge, trial and final judgment.
5. Parole – is the suspension of sentence
of prisoner granted by the Parole Board
after serving the minimum penalty imposed
on him by the court and is subjected to
certain conditions.
6. Diversion – is thought of any plan,
service or program that will divert an
offender from institutional commitment and
apply control and treatment of the case
through some other case.

7. Reintegration – it is a form of treatment


that will allow the offender to return to the
mainstream of the society.
8. Training School – much more open that
of correctional institutions for adults.
9. Community Based Programs – applied
to a wide variety of programs that attempt to
control and help the correctional client
without taking him/her out of the normal
community.
10. Recidivism – any person who is arrested
again and convicted after having him served
in prison or after being on probation or
following any punishment or treatment for
crime.
11. System – refers to the entire machinery
of the government to include to include the
private sector that are involved in the
treatment program or correctional
administration.
12. Prisonization – is the process by which
the individual inmates acquires the customs,
folkways, mores, institutional behaviour
patterns and the general culture of the
prisoners community.
Approaches in Corrections:
A. Institutional Corrections – agencies and
institution responsible for maintaining
physical custody of an offender. (ex.
Prison, jail, rehabilitation center)
B. Non-Institutional Corrections – also
known as the Community Based
Corrections, it is a correctional activity that
takes place outside the institution/ prison
walls. (ex. parole and probation)
CORRECTIONAL SYSTEM – refers to a
network of governmental agencies that
administers a jurisdiction of prison and parole
system.
PURPOSE OF MODERN CORRECTIONS
A. Retribution – also known as (Retaliation
or Personal Vengeance). The basis of
criminal liability is the human freewill.
B. Deterrence – states want to protect the
society by reducing crime and isolating and
segregating criminals through
imprisonment.
C. Isolation – segregation of criminals from
society to prevent the occurrence of crime
and protecting the public from harm.
D. Reformation – involves punitive and
disciplinary measures to modify or reform
criminal behaviour. (ex. solitary
confinement)
E. Rehabilitation – to restore the
effectiveness or normal life of the offender
by training. (ex. education and vocational
training). Also known as Individualized
Treatment.
F. Reintegration – an effort of corrections
to return the offender to the society as a
productive and law abiding citizen.
THEORITICAL FOUNDATIONS IN DEALING
WITH CRIMINALS:
1) The Classical School of Thought –
(Beccaria) “Let the punishment fits the
crime”. The philosophy of hedonism and
freewill, this is to make a rational choice
between what will cause pain and what
will result in pleasure.
2) The Neo-Classical School of
Thought – Children and lunatic persons
do not have freewill thus they must be
excluded to any punishment since they
do not know what is right or wrong.
3) The Positive School of Thought –
(Lombroso) “Let the treatment fits the
criminal”. People cannot always be held
accountable for their behaviour because
of the factors beyond their control. This
is known as “Determinism”, man’s
freewill can be influenced and dictated
by physical, psychological and
environmental conditions. Therefore,
criminals should not be punished but
rather be treated because he is having
illness which leads him to do wrong.

EARLY FORMS OF CORRECTION: (People


believe that when a person commits a crime he
was possessed by demon. The system of
correction is focused on casting out demons
inside the person’s body.)
 Pungent Potion – drink potion to drive
away evil spirit that leads him to commit a
crime.
 Grotesques Mask – they wear masks
and dance around the person who commits
a crime to drive out evil spirit in his body.
 Trephination Method – a piece of stone
or wood which has very sharp edge that will
use to make a hole at the person’s
forehead.
 Banishment – a person will be rejected
in the community, if he refuse to do so, he
will be killed.
EARLY FORMS OF PUNISHMENT:
 Flogging – is the whipping of stick, rope
or leather to a person who violates the law.
 Mutilation – cutting some parts of the
offender’s body.
 Branding – lesser of that mutilation as
punishment of crime.
 Public Humiliation – gives opportunity to
the members of the community to take
vengeance. Offender was heckled and spit
upon by passers, throwing of tomatoes or
rotten eggs to the offender.
 Exile or Banishment – England
prisoners were sent to America in early
1618 as their captive labor force for the
development of colonies. Aso known as
“Transportation”.
 Work House – inmates will work instead
of punishing them.
Theories of Punishment:
A. Absolute Theory – an act of retributive
justice, a vindication of absolute right and
moral law violated by the criminal.
B. Relative Theory – centered in:
a. Prevention – to prevent or suppress
the danger to the space arising from the
crimes.
b. Self-defense – to protect society
from wrong or threat inflicted by the
offender.
c.Reformation – to correct and reform the
offender.
d. Exemplarity – to deter others from
committing a crime.
A World History, Philosophy and Objective of
Prisons:
 Code of Hammurabi
 1750 BC to 1900 BC (Babylon)
 Found in Manama Dharma of India, and
Hermes Trismegitus of Egypt
 The principle of LEX TALIONES (an eye
for an eye and a tooth for a tooth)
 Two (2) tired concept (not everybody is
equal in imposition of punishment)
 Stiffer punishment in offenders from
upper classes
 Uncivilized due to naked revenge than
modern concept of rehabilitation and
treatment.
 Mosaic Code
 Also retribution
 But allows restitution (settlement)
 Allowed flogging or burning alive
 King Ur-Nammu’s Code
 In city of Ur in ancient Sumerian
 Restitution as a concept of justice
(restorative justice)
 Allows fines, mutilation and other
savage penalties
 Punished offenders and at the same
time will pay the victims as a
reimbursement as a result of the crime
committed
 No death penalty, in case of death is
Fine/ Financial consequences

Retribution defers from Restitution:


Retribution – personal vengeance
(Retaliation)
- Justice flows from the victim to
the offender
- It lowers down the offender
Restitution (restore) – justice flows from
offender to the victim
- Elevates the status of the victim
- Older than the code of
Hammurabi, 350 yrs before
- 2100 yrs before Christ
Early Forms of Imprisonment:
 Furca
 Ancient Greece around 400 BC
 V-shape yolk, worn around the neck
 Outstretched arms of the convict were
tied
 In Ancient Greece
 Testimony of the slaves can only be
accepted if it was acquired through
torture
 Reason of imprisonment is to detain
those who are undergoing trial
 If convicts refuse to be punish or to pay
fines will be imprisoned in Romans Style
 Their justice is not vengeful/ retributive
and must reform the offender also to
deter others to commit crime (humane
method only for Greek citizens or
prominent inhabitants “privileged class
of Greek society have rights”)
 Most brutal find of punishment will only
be inflicted to aliens and slaves (those
who belongs to exploited classes)
 Citizens will be fined for a crime. If
committed by slaves or aliens will likely
be flogged.
 Underground Cistern
 Detainees are those who are
undergoing trial
 Sentenced offenders will be hold and be
starved to death
 Ergastulum (Roman Prison)
 The prisoners and slaves were forced to
do hard labor
 It confines slaves and be attached to
workbenches
 Justinian Code
 In middle ages around 529 AD (Roman
Emperor Justin)
 This became the Standard Law in
Roman Empire particularly in Europe
 A revision of the “12 Tables of Roman
Law”
 12 Tables of Roman Law
 Originated between 500 BC
 Every crime was contained and
specified the penalty for every offense
listed in the said tables
 Burgundian Code (500 AD)
 Existed around same time as Jesus
Christ
 Introduced the concept of restitution
 Punishment were met according to the
social class of the offender
 The offender should pay specific value
in order not to undergo physical
sufferings as penalty. This is only
applied to nobility and middle classes
 Death penalty awaits on slaves who
commit murder, assaults on noble or
middle class women, sexual relations
with the noble and middle class, and
giving aid and comfort to escape
offenders
 Xenophon and Demosthenes suffered
this punishment for their philosophical
beliefs
 Paterfamilias:
 A concept wherein the head of the
family has virtually limitless power to
punish erring family members and
slaves.
 Centuriate Assembly:
 By 509 B.C. a law was passed
prohibiting flogging or execution except
if this assembly will affirmed.
 Stocks:
 A kind of device that was fastened at the
ankle, neck and wrist of offender for a
long period of time.
 Nicomedian Ethics:
 This is a title of a book that was written
by Aristotle (in Athens) in his 1st attempt
to explain crime.
 This is about the corrective justice
stating “Punishment is a means of
restoring the balance between pleasure
and pain”.
 Also forwarded the concept of restitution
when he wrote “punishment is a means
whereby the loss suffered by the victim
is compensated”.
 Stoning to Death:
 This is practiced in the time of Jesus
that is still existed today in Islamic
countries like Afghanistan and Pakistan.
 Breaking on the Wheel:
 The offender’s body is fastened by
metal bands to a board made of wood
and then had their bones systematically
broken.
 Burning Alive:
 Existed in Ancient Greece which was
also practiced by the Romans.
 Roman Catholic Church also resorts to
this punishment during the time of the
inquisition for unbelievers, witches and
heretics.
 Destierro:
 This was Banishment before that was
also practiced by the Spaniards and was
incorporated in Codigo Penal in the
Philippines.
 Ecclesiastical Court:
 A court that conducts trials to priests
offenders and all those connected with
the church.
 More compassionate
 Later granted to anyone who was
literate
 Papal Bull:
 By Pope Innocent VIII, in 1487
 This allowed refugee offenders to be
driven out of the sanctuary if they used
this for committing a crime.
 The Inquisition:
 Another Ecclesiastical court that has
gained historical notoriety throughout
the
Ages for his viciousness.
 Responsible for detection and
punishment of unbelievers and heresy
 Officially begin with declaration of the
Lateran Council, 1215 which allowed
“Torture”.
 Throughout this Dark Age Church can
punish anyone, many become victims of
trumped up charges that they were
witches or advancing scientific studies.
 Galileo Galilee:
 Almost burn at the Stake, if only for his
popularity.
 Because of his discovery that the earth
was not flat.
 Pope Leo 1:
 The 1st Pope that fully express approval
for killing human.
 Sanctioned death as punishment
 Heresy was the crime that was strictly
for death penalty.
 Priscillian:
 The 1st recorded Christian who was put
to death for being a heretic.
 Pope Innocent III:
 Tried to wash hands like Pontius Pelate
when it turned over heretics to secular
authorities for proper punishment
including death.
 Papal Encyclical “Excommunicamus”
 By Pope Gregory IX, in 1231, initiated
inquisition that led to the burning of
hundreds of heretics.
 The burning of non-believers at the
stake.
 Pope Innocent IV:
 Officially introduced torture to the
inquisition procedure in 1252.
 Encyclical “Tertio Millenio Advenicute”:
 By Pope John Paul II, a pro-life pope
who reversed culture of death.
 Formally apologized past intolerance
and use of violence in the defence of
truth.
 Evangelium Vitae:
 By Pope John Paul II, he calls to reject
death penalty, abortion, use of
contraceptives and euthanasia.
 This challenges to break away from the
“culture of death” especially treatment of
killings.
 Galleys:
 From the middle of 14th century to the
beginning of 19th century.
 they were slaves chained to oar the ship
 practiced in Ancient Rome and Greece
 Gaols – also known as Jails
Gaolers – also known as Jailers
 Hard for poor prisoners but not for the
wealthy ones because of the highest
rate of accommodations and other
payments.
 The Brank:
 This is a metal frame that was put in the
head like a hat and a painful mouthpiece
was inserted in the mouth.
 King Henry VIII (In England)
 He decreed corporal punishment for
vagrants in 1531 and penal slavery in
1547.
 Nobility gets their privileged status in the
society.
 Bridewell Institution:
 In 1556 Bridewell England
 Some writers claim that this took place
in 1552 during the reign of King Edward
VI
 Established as a workhouse for
vagabonds, idlers and rogues.
 Employs a system wherein vagrants and
prostitutes were given works while
serving their sentence. This system is
called the Bridewell System.
 This system is utilizing prison labor for
benefits of wealthy individuals and
government officials.
 Mercantilism – Capitalism
 Feudalism – Landlords
 Guillotine:
 Introduction of a cleaner and swifter
method of executing convicts.
 Penitentiary Act:
 An act passed in the year 1779,
mandated the establishment of a prison
system based on solitary confinement,
hard, labour, and religious instruction.
 Norfolk Prison:
 At wymondham, England was opened
after five years of P.A. of 1779.
 National Penitentiary:
 Of millbank followed to open in 1821.
 Pentonville National Penitentiary in
1842.
 1895 – A committee tasked to make an
assessment of the entire English prison
system found it to be a failure and
recommended that both deterrence and
reformation should be carried equally as to
goal of imprisoning convicts or training
should be incorporated in the program of
prisoners.
 Fort Santiago in Manila and Fort Pillar
in Zamboanga City:
 Built by Spaniards as a defence against
pirates and bandits groups who refuse
to recognize the colonial authority of
Spain.
 Built thru corvee labour.
Corvee Labour - Services
rendered not for punishment but
thru force labour, abducted at
large from general populace by
Spanish conquistadors.
 Prison Labour in Marseilles, France
( 18th Century )
 Was organized into state factory and
was rented out to a group of merchants.
A M.O.A. is signed by the contracting
merchant on state for utilization of able
bodied prisoners. This development
sowed the seeds of practice of providing
health service.in prisons to treat medical
problems of prisoners.
 Amsterdam, New York (1600’s )
 A place where the first recorded prison
in the colonies was established.
 Incarceration’s common use was for
those undergoing trial and for those who
refused to pay debts other than for
punishment.
 Connecticut and Maine:
 Used underground facilities to
incarcerate offenders for many years
due to lack of funds for the
establishment of formal prison
institution.
 Maine State Prison:
 Contained cells in the pits similar to
underground cistern that used to detain
offenders undergoing trial and hold
sentence offenders where they will be
starve to death.
 These pits are entered through an iron
grate in the ceiling and are being used
(1828 ).
 The State of Connecticut:
 Used a copper mine at Simsbury from
1773 to 1827 as prison facilities.
 Prisoners worked in the mines during
the day and their ankles and necks are
shackled during night time to prevent
escape.
 Sing Sing Prisons:
 Became famous in the world and was
the plot of many movies filmed because
of Sing2x Bath inflicted aside from
floggings, denial of reading materials
and solitary confinement.
 The shower bath was a gadget so
constructed as to drop a volume of
water on the head of a locked naked
offender.
 The force of icy cold water hitting the
head of the offender caused much pain
and extreme shock that prisoners
immediately sank into the comas due to
the shock and sudden drop in the body
temperature.
 The sing sing bath becomes more
frequent when flogging was declared
illegal in 1847.
 St. Michael Prisons:
 Introduced by Roman Catholic as an
innovative prison system for punishing
offenders.
 The prison that was divided into cells
and this was first established in 1704.
 During the reign of Pope Clement XI
 The prototype of the reformatories for
juvenile offenders.
 A proof that retribution and repression is
an object failure in the control of
criminality.
 Emphasized the rehabilitative concept
and pioneered the segregation of
prisoners and force silence to make the
prisoners contemplate their
wrongdoings.
 Physical torture was minimized and
reserved for incorrigibles.
 This was supplanted by mental and
psychological stress due to extreme
loneliness of segregation and force
labour.
 Convicts are chained in one foot and
observing strict rule of silence.
 They listened to religious brothers giving
religious teachings.
 Many of the practices pioneered in St.
Michael were later adopted in U.S. in
what is now known as the Auburn
System of Imprisonment.
 Auburn System:
 Prostituted and convoluted version of
the St. Michael system as espoused by
the Roman Catholic Church.
 In Auburn, New York ( 19th Century )
 Solitary confinement began to be
experimented on some three (3) years
after it started to operate.
 Tiny cells where built for individual
prisoners where he is confined without
any exercise or any activity.
 This system was designed to make the
prisoners not in inactivity while in
solitary confinement.
 Any prisoners who dared speak or make
any sound was severely whipped.
 This system resulted in substantial
number of suicides and insanity and the
practice was abandoned 5 years after it
was introduced.
 Solitary confinement as a method of
punishment was abandoned in the U.S.
because prisoners can’t be made
productive and unprofitable to maintain.
 This system was modified to allow the
prisoner to work during day time in
common areas but must maintain
absolute silence and then spend their
nights in solitary confinement.
 This modification was adopted because
it was found out that people working
collectively in common areas produced
more benefits that working individually.
 Pennsylvania System:
 Late 18th century to early 18th century,
Pennsylvania became a leading
innovator in prisons operation.
 The rival of Auburn system during these
times.
 Based on the concept on solitary
confinement and rendering labor.
 Each cell has small exercise area to
allow the prisoner to maintain physical
condition to be more valuable in
production.
 This facility has a work area for day time
works.
 Allow bible reading for spiritual and
emotional transformation, to be
productive upon release.
 In Pennsylvania, three institution were
built:
a. Walnut Street Jail (1790)
b. Western Penitentiary (1826)
c. Eastern Penitentiary (1830)
Five (5) Major Deployments of Prisoners in
US (20th century)
1. Northern Industrial Prison:
 Found in the Industrial Built of
Northern U.S.
 The state penitentiary at Mc Alester,
Oklahoma is a typical example of the
Industrial emphasis of prison in U.S.
 Prisoners are made to perform labour
to earn revenues for the upkeep of the
facility and profit for the state treasury.
Three (3) Methods Used To Benefit
from Prison labour in through:
a. Contract System - Prisoners
are hired out to businessmen or corporation on
a
daily basis for a set fee
per head.
b. State Account System -
Contractors’ provide raw materials and pay the
state
on a per-piece price for each
item produced or manufactured.
c. State Used System - Is a
more risky venture buy if properly manage,
would
bring bigger profit to the
state. The state operate the
business itself in all aspect,
construct the factory, buy all the
raw materials, processed
this into finished products and then
handle the marketing.

2. Southern Agricultural Plantations


Prison:
 Located in agricultural deep South in
U.S.
 Possess vast landholdings and uses
prison labour to produce agricultural
products out of the land.
 Have minimal facilities, inexpensive to
operate.
TRUSTEES – are minimum security
convicts whose task to guard their fellow
inmates. These convicts are secured
with certain privileges that are not
granted to ordinary prisoners.
3. Chain Gangs:
 Prisoners were brought out from their
incarceration cells and made to work
in reconstruction projects.
 Secured by being chained together.
Sweat Box – used as punishment
wherein prisoners were put to this steel
box in the hot sun. Also called as the
“Plantsa” in the Philippines.
4. Custody-Oriented Prison:
 Prisoners are punished by confining
them only to their cells and isolating
them from the rest of society.
 Custodial force provides only
custodial care.
 Used in Super Maximum Prison
facilities where the occupants are
hardened criminals who are likely to
escape when given a little freedom.
 Riots generally occur due to
boredom.

5. Treatment – Oriented Prison:


 Involved educational, vocational,
counselling and other services which
were made available to the inmates.
 Treatment programs were even
individualized to suit the particular
treatment need of every inmate
involving psychological, sociological,
social and many other components.
Huber Act – a law in the state of
Wisconsin in 1913 that legalized work
release program in the state.
Furlough Program – a law enacted in
the state of Mississippi in 1918, it allows
qualified and deserving prisoners to be
released and be employed in the free
community while returning only to the
penal facility after work hours.

CENTRALIZATION OF STATE PRISONS:


This enabled many isolated rural
prisons to implement
sophisticated, centrally directed,
uniform treatment programs using
knowledge, skills, personnel and
other resources provided by state
correction agencies.
Immanuel Kant:
 (18th century) a philosopher who gave a
definite expression to the concept of
retribution as a philosophy.
 He argues that there are no reasons for
imposing punishment against offenders
save for the fact that they have broken the
law.
 In his views, criminals are inherently evil
and have to be punished therefore.

John Howard:
 A sheriff from Bedfordshire, England
 Concerned at the savage and inhuman
conditions obtained in his country’s prisons.
 Visited hundreds of incarceration facilities
across many countries in Europe and found
them to be as bad as the English prisons.
 He wrote this into a book and made
numerous recommendations to reform the
prison system.
 Many of his landmark recommendations
were incorporated into the Penitentiary Act
of 1779 and adopted as standard procedure
in the first modern prison constructed in the
year 1785 in Norfolk, England.
Some of his notable Recommendations:
a. Maintenance of facilities
b. Separation of children and women
from other offenders
c.Provision of sanitation
d. Adequate salary for the Jailers
William the Conqueror:
 The ruler of England who ordered the
abolition of death penalty but this does not
mean that he is more civilized, just and
humane ruler.
 He decreed that no one should be deprive
of life but the replacement punishment is
just as brutal and inhuman.
 Offender’s eyes shall be gouged out and his
feet, hands and testicles were cut off.
Reformatory Movement:
 Resulted in the establishment of 14 juvenile
institutions known as Houses of Refuge by
the year 1856.
Houses of Refuge:
 Young prisoners here have to work hard
producing many products all day and
receiving no pay.
 In return, basic education classes and
religious indoctrination.
 Infractions of prison rules and regulations
will merit corporal punishment, solitary
confinement and deprivation of the privilege
to play.
 In 1876, young female prisoners began to
be admitted to these Houses of Refuge.
Elmira Reformatory:
 Opened in 1876, the 1st penal institution to
remodel its penal philosophy away from
punitive and retributive practices and veered
it towards reformation and treatment.
 Educational and Vocational Trainings were
imparted to the prisoner as a way to treat
his lack of skills to survive according to the
rules of the outside society.
 Religious programs were also provided as a
way to instil spirituality and correct values
that are necessary ingredients for his
reformation.
Shot Drill:
 A punishment inflicted on prisoners
 Done by carrying heavy loads from one
place to another and then returned to the
same place over and over again every day.
Treadmill:
 Another form of punishment wherein
prisoner is made to climb up 14,000 feet of
stairs per day.

Robert Dugdale (1877):


 Conducted studies regarding the New York
family whose lineage has produced a lot of
criminals.
 Also investigate other branches of the family
studying seven (7) generations of the
JUKES family.
 Dugdale assumed that heredity could only
be the underlying factor but he was forced
to concede that environment is a
contributory factor working in the same
direction as heredity due to the living
conditions of the family.

A STUDY OF INSTITUTIONAL AGENCIES


IN THE PHILIPPINES

 George Santayana – a Spanish


Philosopher who wrote that those who fail to
learn from the lessons of history are
condemned to repeat his mistakes.
 Code of Kalantiaw:
 Decreed by Datu Kalantiaw, about
hundred years before the coming of the
Spanish colonizers.
 The most extensive code which is
comparable to the Greek, Roman,
English and Spanish Laws.
 This code contains only eighteen (18)
articles but enough to bring peace and
harmony.
 This code also shows strong respect for
God, the dead and even the
environment with each rule on the
protection of the valuable trees, manual
birds and white monkeys.
 Father Conrado Balweg:
 The priest who turned rebel during the
Martial Law years in the 1970s.
 In 1980s, he surrendered to the
government and formed the Cordillera
People’s Liberation Army.
 One of his group’s demands is for the
Philippine government to recognized the
“BODONG”
BODONG – some kind of a court that
settles tribal and even individual people’s
conflict.
 Recopelacion de las Leyes de India:
 A rough translation of which runs like
Recompilation of the Laws of the Indies.
 An incorporation of the additional laws,
rules and regulation issued by the King
of Spain.
 “Ley Engiciamiento Criminal” and
“Legislacion Ultramarina”:
 The Royal Decrees issued by the King
of Spain.
 Became enforceable in the Philippine
Island on March 13, 1887.
 Commandancias:
 Is the equivalent of today’s police
stations or precincts while the laws are
enforced by the “Guardia Civil”
equivalent of today’s police.

NATIONAL PENITENTIARY

A. BILIBID PRISON:
 The 1st penal institution in the country
that was constructed sometime in the
year 1847 in the Bilibid district of the
CITY OF MANILA.
 Already in operation since 1847 but was
only recognized and formally designated
as an Insular Penitentiary through a
Royal Decree issued in 1865.
 Constructed in a radial shape similar to
the spoke of a wheel.
 Commanding tower was erected at the
center of the spokes.
 The buildings “Brigadas” are made of
very strong adobe stones.
 Specializes industrial type of vocational
training.
 Offers High School Education

B. SAN RAMON PRISON AND PENAL


FARM:
 Since 1869, constructed near the
southern tip of Zamboanga Peninsula
nearby what is now ZAMBOANGA
CITY.
 Originally intended for the confinement
of convicted Moro “Insurrectos” fighting
subjugation by the Spanish
“Conquistadors”.
 Founded by Capt. RAMON BLANCO of
the Spanish Royal Army.
 It was closed during the Spanish-
American War of 1898 but reopened in
1904.
 Has an aggregate area of 1,524.6
hectares
 Principal Product: Copra, Rice, Corn,
Coffee, Cattle and Livestock.
 Presently, it houses maximum, medium
and minimum-security prisoners.

C. IWAHIG PENAL COLONY:


 Established on November 16, 1904
 Founded by GOV. FORBES through the
suggestion of Gov. Luke E. Wright who
felt the need for an institution designed
for incorrigible offenders.
 After years, convicts who were well
behaved and pliable were assigned to
this facility to convert 38,611 hectares of
fertile virgin lands into production.
 The most open institution in the world,
“Prison without walls”.
 This was divided into four (4) sub-
colonies: Santa Lucia, Inagawan,
Montible and Central.
 Allocated 1,000 hectares, which was
distributed to released inmates who no
longer had any desire to return to their
original homes and wanted to settle in
Palawan, the so called “TAGUMPAY
SETTLEMENT”.
 Each released awardee prisoners were
given six (6) hectares farm lots.
 Principal Products: Rice, Corn, Copra,
Logs, Cattle

D. CORRECTIONAL INSTITUTION FOR


WOMEN:
 Established by Republic Act 3579,
November 27, 1929.
 Constructed on 18 hectares in
Mandaluyong City.
 Conducts vocational courses:
Dressmaking, Handicraft, Cloth
Weaving and Slipper Making.

E. DAVAO PENAL COLONY:


 Established in January 21, 1932 by
virtue of R.A.3732 and Proclamation
#414.
 Founded by Gen. Paulino Santos
 With a total land area of 18,000
hectares
 Engaged in a joint venture with Tagum
Development Company in a 3,000-
hectare banana plantation.
 Banana products exported to: Japan,
Saudi, Arabia, Egypt
 Principal Products: Abaca, Banana,
Rice, Copra, Cattle and other farm
products.
 Administers TANGLAW Settlement.
 Two (2) sub-colonies: Panabo Sub-
colony and Kapalong Sub-Colony.

F. NEW BILIBID PRISON:


 Established in 1941, Muntinlupa City
 Constructed by virtue of Proclamation
No. 414 in 1931
 With a land area of 552 hectares
 Three (3) satellite:
o Camp Bukang Liwayway – houses
the MINIMUM-Security Prisoner who
works in the various projects in the
institution.
o Camp Sampaguita – houses the
MEDIUM Security Prisoner and is
also the Youth Rehabilitation Center
for Juvenile Offender
o Reception and Diagnostic Center –
receives newly committed prisoner
from the jail nationwide. Established
in 1953 by virtue of A.O. #11

G. SABLAYAN PENAL COLONY:


 Allocating 16,000 hectares of the land in
Sablayan, Occidental Mindoro
 Principal Product: Rice
 Established during the Directorship of
Atty. Alfredo M. Bunye.

H. LEYTE REGIONAL PRISON:


 Established in January 16, 1973
 Order issued under Martial Law by Pres.
Ferdinand E. Marcos
 Located at Abuyog, Leyte

The creation of the BJMP


R.A. 6975 – An act establishing the Philippine
National Police under a reorganized department
of the Interior and Local Government.
(otherwise known as The Department of the
Interior and Local Government Act of 1990 –
sec.1).
Chap.5-Sec.60: The Bureau of Jail
Management and Penology, hereinafter
referred to as the Jail Bureau, is hereby created
initially consisting of officers and uniformed
members of the Jail Management and Penology
Service as constituted Presidential Decree No.
765.
R.A. 9263 – An act providing for the
professionalization of the Bureau of Fire
Protection (BFP) and the Bureau of Jail
Management and Penology (BJMP).
Sec.1. Title - otherwise known as “Bureau
of Fire Protection and Bureau of Jail
Management and Penology Professionalization
Act of 2004”
Sec.2 – Declaration of Policy and
Principles:
 To maintain peace and order, protect
life, liberty and property and promote
the general welfare essential for the
enjoyment by all the people of the
blessings of democracy. (Art.II, Sec.5 of
the Phil. Cons.)
 The task of jail management and
penology shall be the responsibility of
the BJMP.
 In time of national emergency, BFP and
BJMP along with the PNP shall, upon
the direction of the President, assist the
AFP in meeting the national emergency.
(sec.3, RA 8551 of 1998).
 The state shall provide for the
professionalization and restructuring of
the BFP and the BJMP by upgrading
the level of qualifications of their
uniformed personnel and standardizing
their base pay, retirement and other
benefits, making it par with those of the
PNP and AFP.
Sec.3 – Organizations and Key Positions
of the BFP and the BJMP.
 The BFP/ BJMP shall be respectively
headed by a Chief who shall be assisted
by two (2) deputy Chiefs, one (1) for
administration and one (1) for operation,
all of whom shall be appointed by the
President upon the recommendation of
the Secretary of the DILG from among
the qualified officers with at least the
rank of senior superintendent in the
service.
 Retirable within six (6) months
from his compulsory retirement age
(cannot be appointed as the Chief of
BFP/BJMP).
 Chief of the BFP/BJMP (shall
serve a tour of duty not to exceed
four (4) years)
 In times of war or other national
emergency declared by the
Congress (the President may extend
such tour of duty).
 The Heads of the BFP/BJMP with the
rank of director shall have the position
title of Chief of the Bureau.
 The second officer in command of the
BFP/BJMP with the rank of Chief
Superintendent shall have the position
title of Deputy Chief for Administration of
the Bureau.
 The Third officer in command of the
BFP/BJMP with the rank of Chief
Superintendent shall have the position
title of Deputy Chief for Operation of the
Bureau.
 The Fourth officer in command of the
BFP/BJMP with the rank of Chief
Superintendent shall have the position
title of Chief of the Directorial Staff of
the Bureau, who shall be assisted by the
directors of the directorates in National
Headquarters office with at least the
rank of Senior Superintendent.
 Regional offices shall be operated and
maintained by the Regional Director with
the rank of senior superintendent and
shall be assisted by the following
officers with the rank of superintendent:
 Assistant Regional Director for
Administration (ARDA)
 Assistant Regional Director for
Operation (ARDO)
 Regional Chief of Directorial
Staff
Sec.4 – Professionalization and
Upgrading of Qualification Standards in
the Appointment of Uniformed Personnel
to the BFP and the BJMP.
 A citizen of the Republic of the
Philippines
 A person of good moral character
 Must have passed the
psychiatric/psychological, drug and
physical test for the purpose of
determining his/her physical and mental
health.
 Must possess a baccalaureate degree
from recognized institution of learning
 Must possess the appropriate civil
service eligibility
 Must not have been dishonourably
discharged of dismissal for cause from
previous employment
 Must not have been convicted from final
judgement of an offense or crime
involving moral turpitude
 Must be at least (1.62m) in height for
male, and (1.57m) for female. A waiver
for height and age requirement shall be
automatically granted to applicants
belonging to the cultural communities
 Must weight not more or less than (5
kgs.) from the standard weight
corresponding to his/her height, age and
sex
Sec.5 – Appointment of Uniformed
Personnel to the BFP and BJMP:
 JO1 to SJO4 – appointed by the
Regional Director for the regional office
or by the Bureau Chief for the National
Headquarters Office and attested by the
Civil Service Commission (CSC).
 JAIL INSPECTOR to JAIL
SUPERINTENDENT – appointed by the
Bureau Chief as recommended by their
immediate superiors, and attested by
the CSC.
 JAIL SENIOR SUPERINTENDENT –
appointed by the Secretary of the DILG
upon the recommendation of the Bureau
Chief with the proper attestation of the
CSC.
 JAIL CHIEF SUPERINTENDENT to
JAIL DIRECTOR – appointed by the
President upon the recommendation of
the Secretary of the DILG with the
proper endorsement by the Chairman of
the CSC.
Sec.6 – Lateral Entry of Officer into the
BFP and the BJMP:
 Appointed to the rank of Jail Senior
Inspector are the following:
 Doctor of Medicine
 Member of the Philippine Bar
 Chaplain
 Appointed to the rank of Jail Inspector
are the following, but not limited to:
 Engineers (civil, electrical,
mechanical, chemical)
 Chemist
 Architect
 Criminologist
 CPA
 Dentist
 Psychologist
 PNPA graduate shall automatically be
appointed to the initial rank of Jail
Inspector.
SALARY GRADE SCHEDULE
RANK SALARY GRADE

Jail Director 28
Jail Chief 27
Superintendent
Jail Senior 26
Superintendent
Jail Superintendent 25
Jail Chief Inspector 24
Jail Senior Inspector 23
Jail Inspector 22
Senior Jail Officer IV 19
Senior Jail Officer III 18
Senior Jail Officer II 17
Senior Jail Officer I 16
Jail Officer III 14
Jail Officer II 12
Jail Officer I 10

Mandate (Chapter 1, Rule 1 – Section 1 of


the BJMP Manual):
The BJMP was created on January 2,
1991 pursuant to RA 6975, replacing its
forerunner, the Office of the Jail
Management and Penology of the defunct
PC/INP. The BJMP has jurisdiction over all
district, city and municipal jails. It shall
ensure the establishment of secured, clean,
adequately equipped and sanitary facilities
and provision of quality services for the
custody, safekeeping and development.
VISION (Chapter 1, Rule 1 – Section 2 of
the BJMP Manual)
The BJMP envisions itself as a dynamic
institution highly regarded for its sustained
humane safekeeping and development of
inmates.
MISSION (Chapter 1, Rule 1 – Section 3 of
the BJMP Manual)
The Bureau aims to enhance public
safety by providing humane safekeeping
and development of inmates in all district,
city and municipal jails.
FUNCTIONS (Chapter 1, Rule 1 – Section 3
of the BJMP Manual)
a. Formulate policies and guidelines in the
administration of all district, city and
municipal jails nationwide.
b. Implement strong security measures for
the control of inmates.
c.Provide for the basic needs of inmates.
d. Conduct activities for the development
of inmates.
e. Improve jail facilities
f. Promote the general welfare and
development of personnel.

ADMINISTRATIVE OFFENSES (Chapter 3,


Rule IV of the BJMP Manual)
a. Sec.2 Neglect of Duty – It is the
omission or refusal, without sufficient
excuse, to perform an act or duty, which is
the personnel’s legal obligation to perform
and which the law requires him to perform
by reason of his office.
b. Sec.3 Misconduct – it is the doing,
either through ignorance, inattention or
malice, of that which the officer had no
legal right to do at all, as where he acts
without any authority whatsoever, or
exceeds, ignores or abuses his powers.
(Wrongful, improper or unlawful conduct
with intentional purpose).
c.Sec.4 Violation of Reasonable Office
Rules – (ex. failure to appear in court,
comply with directives, failure to salute
officials).
d. Sec.5 Dishonesty – It is incurred by
any member of the Jail Bureau who shall
conceal, alter or distort the truth in a
matter of fact relevant to this office.
e. Sec.6 Being Notoriously Undesirable
– those who are engaged directly or
indirectly in the illegal activities. (Physical
or mental incapacity or disability due to
vicious habits, inefficiency and
incompetence in the performance of
official duties).
f. Sec.7 Conviction of a Crime involving
Moral Turpitude – it implies something
immoral in itself, regardless of the fact that
it is punishable by law or not. It must not
merely be mala prohibita, but the act itself
must be inherently immoral.
g. Sec.8 Engaging directly or indirectly
in Partisan Political Activities –
h. Sec.9 Nepotism – it is the bestowal of
patronage or the appointment made in
favour of the relative of the appointing or
recommending authority. (within 3rd
degree either by consanguinity or affinity).
i. Sec.10 Oppression – it imports an act of
cruelty, severity, unlawful exaction,
domination, or excessive use of authority.
j. Sec.11 Disgraceful and Immoral
Conduct – It depicts moral depravity. It
includes immoral and lewd advances
projecting the abnormality of one’s
behaviour consisting of libidinous desire
for the opposite sex or the same sex and
the propensity to sexually harass
members of the opposite or the same sex
working with him.
k.Sec.12 Insubordination – it is the
deliberate refusal of a subordinate to obey
lawful orders from a superior. Either
express or implied direction, synonyms to
rebellious, mutinous, and disobedient.
l. Sec.13 Conduct Grossly Prejudicial to
the Best Interest of the Service – The
willful, deliberate and malicious
commission and omission which is
repugnant or nugatory to the Bureau’s
mission or objectives, dishonouring or
disgracing his uniform, and placing the
Bureau in a bad light.
m. Sec.14 Habitual Drunkenness While
on Duty – It includes reporting for work
while under the influence of alcohol or
intoxicating liquor during office hours
habitually.
n. Sec.15 Discourtesy in the Course of
Official Duties – Discourtesy implies
failure to observe the protocol and social
usage and likewise the customs and
traditions mandated by the service.
o. Sec.16 Violation of Existing Civil
Service Laws and Rules – It includes the
failure to observe the mandatory
provisions of the Civil Service Laws.
p. Sec.17 Frequent Unauthorized
Absences –

ADMINISTRATIVE PENALTIES (Chapter


3, Rule V of the BJMP Manual)
a. Sec.3 Dismissal from the Service
– carry with it cancellation of eligibility,
forfeiture of retirement benefits except
and the disqualification for
reemployment in the government
service.
b. Sec.4 Demotion in Rank – imposed
in lieu of dismissal, carry with it
disqualification for promotion for a
period of six (6) months and such
demotion shall not exceed more than
one (1) rank.
c.Sec.5 Suspension – a temporary
separation or cessation of work of the
respondent for the duration of the
sanction. In no case shall it exceed one
(1) year.
d. Sec.6 Transfer – in lieu of
suspension, imposed the penalty of
transfer to erring BJMP personnel.
However, only the Chief BJMP may
impose the penalty of transfer to a non-
uniformed personnel.
e. Sec.7 Fine – the penalty of fine may
be imposed in lieu of suspension. In no
case it shall exceed the equivalent of six
(6) months’ salary.

CATEGORIES OF INMATES:
a. Prisoner – inmate who is convicted
by final judgement.
b. Detainee – inmate who is
undergoing investigation/trial or awaiting
trial/sentencing.
CLASSIFICATION OF PRISONERS:
a. Insular Prisoner – sentenced to a
prison term of three (3) years and one
(1) day to death.
b. Provincial Prisoner – sentenced to a
prison term of six (6) months and one
(1) day to three (3) years.
c.City Prisoner – sentenced to a prison
term of one (1) day to three (3) years.
d. Municipal Prisoner – sentenced to a
prison term of one (1) day to six (6)
months.
CLASSIFICATION OF DETAINEES:
(according to security risk)
a. High Risk Inmates
b. High Profile Inmates
c.Ordinary Inmates
REQUIREMENTS FOR COMMITMENT:
a. Commitment Order
b. Medical Certificate
c.Complaint/ Information

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