Conjugal Visitation in The Philippine Correctional System

CONJUGAL VISITATION IN THE
PHILIPPINE CORRECTIONAL
SYSTEM AS A MEANS OF
EFFECTIVE PRESERVATION OF
THE FAMILY AS A BASIC SOCIAL
INSTITUTION.
A Thesis Proposal Presented to the College of Law of Bulacan State University
Galan, Alicia Gertrudes B.
Abstract
This study seeks to generate an understanding of the particular needs
and vulnerabilities of inmates in detention in the Philippines, to identify
‘what matters’ most to them — where the impact of detention mostly
lies — and to document positive and negative practices in relation to
international standards. This paper reviews research on the social
functions of prisoner-family ties.
Three areas are examined: the preservation of marital units and parent-
child bonds; the individual well-being of prisoners, children and other
family members; and the prisoner's post-release success.
Introduction
Prisons are meant to help rehabilitate the way of life for people who
have committed crimes. However, the criminal justice system of the
Philippines has not proved to be as effective as it should be.
Internationally, two - thirds of people who come out of prison are re-
arrested within three years. Fishman, (1986) believes that this is
because the justice system has failed and individuals are not receiving
the services for a successful transition into the community. Instead,
they remain as criminals.
Conjugal visits help prisoners preserve connection with their beloved
partners. American Jurisprudence states that those prisoners who have
close family ties are more likely to reenter society and return to their
normal lifestyle quicker. The role of prisoners’ communication with
their wives or husbands and children has always been discussed by the
psychologists. Their ideas gave birth to the notion of an “extended
family visit” during which a criminal has a chance to see any of his
family members. Later there appeared a narrowed version of these
meetings, named a “conjugal visit”, defined as “private time that a
prisoner may spend with a spouse or, in California, a registered
domestic partner.”
Statement of the Problem
The main thrust of this research shall focus on the
legal and sociological dimensions of conjugal
visitations in Philippine Prisons. Furthermore, this
study aims to determine if conjugal visitations
would affect the effectivity of the rehabilitation of
the inmate and its effect on the preservation of the
family.
Major Problem
What is the sociological effect of the lack of conjugal visits to the preservation of
the family as a basic social institution?
Minor Problem
1. How will the right of the inmates to procreation survive incarceration?
2. How is such right traceable within our constitutional framework?
3. How does the logical interest of the State permit the creation of facilities for
the exercise of right to procreation during incarceration?
4. How is the right to life & and personal liberty guaranteed under Article 3 of the
Constitution?
a. Does it include the right of convicts or jail inmates to have conjugal visits?
Objective of the Study
Overall, the purpose of this study is to provide a critical analysis of the
present implementation of the conjugal visitation in the Philippine
Correctional System as a means of effective preservation of the family as a
basic social institution.
Specifically, this research aims to accomplish the following:

1. To know the impact of incarceration on a Dependent Spouse and
Children.
2. To know the impact of incarceration on the sociological well-being of both
spouses.
Significance of the Study
1. Filipino inmates
To combat the negative side effects of incarceration, such as loneliness and
seclusion, many inmates seek out different measures, sometimes acts which lead
to the disintegration of the family. This research aims to improve the situation of
conjugal visits which is aimed to the preservation of the family.
2. Filipino Family with an incarcerated member
The findings of this study will rebound to the benefit of the Filipino family,
specifically of families with an incarcerated member. This research aims to
observe the sociological effects of incarceration of a family member, the lack of
conjugal visits, and it’s sociological, mental and emotional effect to the well-being
of the members left, focusing on the spouse.
3. Bureau of Correctional and Bureau of Jail Management and Penology
This research shall also benefit the Government through the Bureau of
Correctional and Bureau of Jail Management and Penology by the analysis
of the measures taken by these agencies. This research shall provide insight
into the needs, vulnerabilities and rights of a long-neglected group in the
Philippines, the incarcerated.
4. Government
Lastly, this study shall also determine the role and the measure taken by
the state as to the protection of the family as a basic social institution.
The greater call for information on the status of the correctional system in
the Philippines and its measures towards protecting the core of the family
justifies the need for to conduct this research through the measurement of
the effectivity of the rehabilitation with and without conjugal visitation.
The Local Setting
In the Philippines, the right of Conjugal visitation is rarely given.
According to Jo Baker and DIGNITY, as stated in Conditions for
Women in Detention in The Philippines, a study conducted in
2015, Inmates in detention often lose contact and intimacy with
their spouses and families. More often than not, after serving
incarceration, the transition back to the society is hard because
the core of the family is weakened during the stay of the inmate.
The following shall be observed:
• The Functions of Family Ties
• The Dissolution and Preservation of Family Units
• Parent-Child Relationships
• Individual Well-being
• Post-Release Success

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CONJUGAL VISITATION IN THE

Specifically, this research aims to accomplish the following:

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