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CORRECTIONAL

ADMINISTRATION

(Institutional and Community Based Corrections)

DEFINITION OF TERMS
PENOLOGY study of punishment of crime or of
criminal offenders. It includes the study of control
and prevention of crime through punishment of
criminal offenders.
- The term derived from the Latin word poena which
means pain or suffering. Penology is otherwise
known as Penal Science.
PENAL MANAGEMENT refers to the manner or
practice of managing or controlling places of
confinement as jails or prisons.

CORRECTION a branch of the


Criminal Justice System concerned
with the custody, supervision and
rehabilitation of criminal offenders.
CORRECTIONAL ADMINISTRATION the
study and practice of a system
management of jails or prisons and
other institution concerned with the
custody, treatment and rehabilitation
of criminal offenders.

HISTORICAL PERSPECTIVE ON
CORRECTIONS
13TH Century Securing Sanctuary
In the 13th century a criminal could avoid
punishment by claiming refugee in a
church for a period of 40 days, at the end
of which time he is compelled to leave the
realm by a road or path assigned to him.

16th Century Transportation of criminals


in England was authorized. At the end
of the 16th century Russia and other
European countries followed this
system. It partially relieved
overcrowding of prisons. Transportation
was abandon in 1826.
17th Century to late 18th Century Death
penalty became prevalent as a form of
punishment.

GALLEYS
- long, low, narrow, single decked ships
propelled by sails, usually rowed by
criminals.
- a type of ship used for transportation of
criminals in the 16th century
HULKS
- decrepit transport, former warships used
to house prisoners in the 18th and 19th
century.
- abandoned warships converted into
prisons, also called floating hells.

PRIMARY SCHOOLS OF
PENOLOGY
1.

2.

3.

Classical School the doctrine of


psychological hedonism or freewill.
Neo-Classical School children and
lunatics must be free from punishment.
Positivist/Italian School denied individual
responsibility and reflected on positive
reactions to crime and criminality.

EARLY CODES
1. Code of Hammurabi (1760 B.C.)
oldest code prescribing savage
punishment.
2.

3.

Justinian Code written by Emperor


Justinian of Rome in 6th C.A.D.
The Twelve Tables (XII Tabulae)
represented the earliest codification of
Roman law incorporated into the
Justinian Code.

4. Code of Draco a harsh code that


provides the same punishment for both
citizens and the slaves
5. Burgundian Code specified
punishment according to the social
class of offenders.
6. Code of Kalantiao promulgated in
1433 by Datu Kalantiao
7. Maragtas Code by Datu Sumakwel

EARLY PRISONS
1. Mamertine Prison early Roman
place of confinement which is built
under the main sewer of Rome in 64
B.C.
2.

3.

Bridewell Workhouse built in 1557


in London for the employment and
housing of English prisoners.
Wallnut Street Jail first American
Penitentiary

THE AGE OF ENLIGHTENMENT


- 18th century is a century of change,
the period of recognizing human
dignity.
PIONEERS:
1. William Penn (1614-1718)
- first leader to prescribe
imprisonment as correctional
treatment for major offenders.
- responsible for the abolition of
death penalty and torture as a form
of punishment

2. Charles Montesquieu (1689-1755)


- a French historian and philosopher
who analyzed law as an expression of
justice.
3. Voltaire (1694-1778)
- he believes that fear of shame was a
deterrent to crime.
4. Cesare Bonesana Marchese de
Beccaria (1737-1794)
- presented the humanistic goal of law.

5. Jeremy Bentham (1746-1832)


- the greatest leader in the reform of
English Criminal Law. He believes
that whatever punishment designed
to negate whatever pleasure or gain
the criminal derives from crime, the
crime rate would go down.
- the one who devise the ultimate
PANOPTICAL PRISON

6. John Howard (1726-1790)


- Sheriff of Bedfordshire in 1773 who
devoted his life and fortune to prison
reform.

PUNISHMENT
- it is the redress that the state takes
against an offending member of
society that usually involve pain and
suffering.
ANCIENT FORMS:
1. Death Penalty
2. Physical Torture
3. Social Degradation
4. Banishment or Exile
5. Transportation and Slavery

CONTEMPORARY FORMS OF
PUNISHMENT
1.
2.
3.
4.
5.

Imprisonment
Parole
Probation
Fine
Destierro

JUSTIFICATIONS OF
PUNISHMENT
1.
2.
3.
4.
5.

Retribution
Expiation or Atonement
Deterrence
Incapacitation and Protection
Reformation or rehabilitation of
behavior

TWO RIVAL PRISON SYSTEM


A.

The Auburn Prison System


- Congregate System where
prisoners are confined in their own
cells during the night and
congregate work in shops during
the day.

B. The Pennsylvania Prison System


- Solitary System where prisoners
are confined in single cells day and
night
> In both prison system, complete
silence was being enforced.

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

Judicial Conditions of Penalty


1.
2.
3.
4.
5.
6.
7.

Productive of Suffering
Commensurate with the offense
Personal
Legal
Equal
Certain
Correctional

The Philippine Correctional has two


(2) Systems Based Approach,
namely:

Institution Based and


Community Based
Approach

Both systems are being implemented on a


fragmentary basis by three (3)
Departments of the Executive Branch of
the government. These are:

Dept. Of Justice, Dept. of


Interior & Local Govt. ,
Dept. of Social Welfare &
Development

(1) Department of Justice


(DOJ)
takes care of the National Prisoners.
The National Prison and Penal Farms
which is being supervised and
administered by the Bureau of
Corrections (BUCOR) This is headed by a
civilian Director. Tasked to rehabilitate
national prisoners so they can become
useful members of society upon
completion of their sentence

These are the prisoners whose penalty


ranges from 3 YRS AND 1 DAY to LIFE
IMPRISONEMENT and those convicted
with the DEATH penalty or a fine of
more than five thousand pesos, or
regardless of the length of sentence, to
one sentenced for violation of custom law
or other laws under the jurisdiction of the
Bureau of Customs or for violation of
immigration and election laws, or to one
sentenced to serve two or more sentence
the total of which exceeds three years.
NATIONAL PRISONERS are also referred to
under the law as Insular Prisoners.

(2) The Department of the Interior and


Local Government (DILG)
takes care of the municipal, city and
district Jails. The Provincial Jails and
sub-provincial jails are operated by the
Provincial Local government Units
under the supervision and
management by their respective
governors in each province and whose
penalty ranges from SIX (6) MONTHS
and ONE DAY UP TO THREE(3)

the local jails namely, the Municipal


jails, City jails and District jails are
under the supervision and
administration of the Bureau of Jail
Management and Penology (BJMP)
and whose penalty ranges from ONE
(1) DAY to SIX (6) MONTHS for
Municipal Jail inmates, and for City
Jail inmates whose penalty ranges
from ONE (1) DAY TO THREE (3)
YEARS. The district jail may be
created thereat if the monthly jail

What is a district Jail?


DISTRICT Jail is a consolidation
of all inmates in two or four
municipal jails whose inmate
population is less than 10
monthly provided it will be
located near the Metropolitan
Trial Court or Regional Trial
Court .The purpose is to
maximize the manpower and
other logistical requirements.

(3) The Department of Social Welfare


and Development (DSWD)

takes care of the sentenced


Youth offenders. which are
located in the ten (10)
Regional Youth Rehabilitation
Centers nationwide.

There are ten (10) rehabilitation centers for


youth offenders, nine of which are for boys while only
one is for girls. Of the nine centers for boys one is the
National Training School for Boys which also happens to
be the largest RRCY. This is located in Sampaloc, Tanay,
Rizal and it caters to youth offenders coming Regions
IV, V and NCR. The only RRCY for girls is also the
National Training School for Girls located at Marillac
Hills, Alabang, Metro Manila.
The eight other RRCYs are located in Barangay
Urayong, Bauang, La Union for those coming from
Region I, II and the Cordilleras; Barangay Ayala,
Magalang, Pampanga for Region III; Nueva Valencia in
the island province of Guimaras for Region VI;
Barangay Candabong, Argao, Cebu for Region VII;
Barangay Sto Nino, Leyte for Region VIII; Barangay
Anastacio Polanco, Dipolog, Zamboanga del Norte for
Region IX; Gingoog City for Region X; and Barangay
Bago Oshiro, Davao City for Region XI. Youth offenders
from Caraga Region are sent either to Dipolog, Gingoog
or Davao depending on which is most accessible.

RA 9344- Juvenile Justice


and Welfare Act of 2006
Under the law, children 15 years
old and below would be
exempted from criminal liability
while youth offenders ages 15 to
18 years old could only be
criminally charged if they
committed the crime with

It also provides the immediate turnover


of children in conflict with the law to
social workers upon apprehension.
If detention is necessary, the youth
offenders would be transferred to youth
detention homes set up by the local
governments and non-government
organizations.
The law also created the Juvenile Justice
and Welfare Council under the
Department of Justice that would
oversee its implementation and advise

The first penal institution in the country


was established even before the
effectivity of the Spanish Penal Code and
while the Recompilation laws were still the
existing laws of the islands. This prison
facility is the Bilibid Prison which was
constructed in 1847.in Azcarraga, Manila..
it was only recognized and formally
designated as an Insular Penitentiary
through Royal Decree issued in 1865.
The physical layout was constructed in
conformity with the dominant concept of
criminology existing in Europe

Twenty-two (22) years after the


establishment of the Bilibid Insular
Penitentiary, the San Ramon Prison
and Penal Farms was established
1869 in the Southern tip of Zamboanga.
The Zamboanga Peninsula was also a
banishment site for political nonconformists coming from Luzon and the
Visayas. This is one of the reasons why
our own national hero , Dr. Jose P. Rizal
who fought for reforms, which the island
colonial authorities found objectionable
and subversive to their tastes, was exiled

San Ramon Prison and Penal Farms was


named in memory of its founder, Ramon
Blanco, a Spanish Captain in the Royal
Army
It was closed during the SpanishAmerican War of 1898 but reopened in
1904 after the victorious American
grabbed possession of the Philippines
from Spain and the Americans have
established control over this colony. The
land area is 1,524.6 hectares The
principal product is copra, which is the
biggest sources of income of the Bureau

In 1904, another penal colony was


established in Iwahig, Palawan on the
order of Governor Forbes, then the
incumbent Secretary of Commerce and
Police. The establishment of this penal
facility was made on the suggestion of
Governor Luke E. Wright., who felt the
need for an institution designed for
incorrigible offenders. An American
construction foreman left Bilibid on
November 16,1904 with 16 prisoners
and sailed to Palawan to start building
the colony thereat

However, this contingent


turned against their custodian,
hogtied their Superintendent
and the short lived revolt was
quelled with the timely arrival
of Philippine Scout
reinforcement from Puerto
Princesa., the provincial
capital.

In November 1, 1905,
Reorganization act 1407 was
passed into law mandating the
Philippine Commission to create
the Bureau of Prisons under the
department of Commerce and
Police. Later, jurisdiction was
assigned to the Dept. of
Instruction., the predecessor of
the Dept. of Education. Finally to
the Dept. of Justice.

The Iwahig Penal Colony, as a


destination for maximum
security incorrigible prisoners.
Instead, convicts who were well
behaved and pliable were
assigned to this facility. The
reason to convert the 38,611
hectares of fertile lands into
production areas for revenue
and as a means to prisoner

Today, this Penal institution is


considered as one of the most
open penal institution in the world.
It was from this facility that the
term Prison without Wall had its
beginning. Iwahig was divided into
four (4) sub-colonies for a more
practical consideration of easier
administration and mangement.
These sub-colonies are 1. Santa
Lucia, 2. Inagawan, 3.
Montible, 4. Central.

Each sub-colony operates as an


autonomous institution under the
management of a Penal supervisor.
The colony allocated 1,000 hectares,
which was distributed to release
inmates who no longer had any desire
to return to their original homes and
who instead want to settle for good in
Palawan. This is the Tagumpay
Settlement. The prisoners were
awarded six (6) hectares farm
lots as homestead.

On November 27,1929, Republic Act 3579


was passed into law establishing the
Correctional Institution for Women.
This Penal institution was constructed on
an 18-hectare piece of land, in
Mandaluyong. Before the construction of
this women institution
Prisoners were confined in portion of the
Bilibid Prison. In 1934, the position of
Female superintendent was created to
superintendent the operation of this penal
facility. Today, the institute is run entirely
by female personnel with the exception of
the perimeter guards who are male.

New Bilibid Prison was constructed


in 1936 in Muntinlupa in a 552
hectares of land and in 1941 the
actual transfer of Muntinlupa facility
was established. This site was
previously acquired by the city to
become the site for the Boys Training
School. The Bilibid Prison in Manila
was renamed Old Bilibid Prison to
avoid confusion and presently known
as Manila City Jail. This was constructed
by virtue of Proclamation 414 in 1931 as
an enabling Order to Commonwealth Act
No. 3732. these official edicts were also
the official basis for the opening of the

The New Bilibid Prison houses


maximum security convicts
including the death row, the
electric chair chamber when it was
still in use and now the lethal
Injection chamber. It is considered
as one of the biggest prisons in the
world in terms of the number of
prisoners population. The central
office of the Bureau of Corrections
are also housed here.

Outside the compound and within the


reservation, three (3) other Satellite Prisons
are situated. These are the minimum
security camp called Camp Bukang
Liwayway, the name implying the coming
release of prisoners destined here. Miminum
Security inmates are those with severe
physical handicap as certified by the
chief prison medical officer, 65 years old
and above and not on appeal or without
pending case; those who served at least of
their minimum sentence or 1/3 of their
maximum sentence excluding Good Conduct
Time Allowance and those with only 6 months
to serve before expiration of maximum

The second is Camp Sampaguita,


which houses medium security
prisoners. Medium Security
inmates are those with less than 20
years sentence, remand inmates or
detainees below 20 years sentence,
18 years old and below regardless of
case or sentence, those who have 2 or
more escape records but have served 8
years since recommitment, those with
one record of escaped but have served
five (5) years as maximum security and
upon recommendation of the

The Director of Corrections may grant GTCA


to an inmate for good behavior with no
record or disciplinary infraction or
violation of prison rules and regulations.
GCTA is the statutory reduction of a
prisoners sentence for good behavior
during confinement under Article 97 of the
Revised Penal Code. This is automatically
applied to all prisoners as long as he does
not commit violations of prisons rules and
regulations. GCTA is a kind of right that
can only be denied if the prisoner breaks
the rules and only after due process is
observed

Good conduct entitles the inmate to the


following deductions from his sentence:
1.

2.

3.

In the first two years of


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

4. From the 11th year, 15 days deduction


for each month of good behavior.
GTCA may also be granted to a detainee
to be deducted from his sentence if
convicted provided that he voluntarily
offers to perform labor as maybe
assigned to him during his detention
period. Such voluntary offer must be in
writing.
An inmate whose sentence is life
imprisonment but is on appeal is not
entitled to GCTA.

GCTA cannot be revoked without a just


cause. GCTAs revoked for a just cause
may be restored at the discretion of the
Director of Correction upon
recommendation of the Superintendent
In addition to the GCTA, a prisoner may
also be entitled to another five days
per month deduction from the
sentence he has to serve when he has
been classified as a trusty or penal
colonist.

This is provided by Act. No. 2489,


otherwise known as the Industrial
Good Time Law. Life imprisonment
is also automatically reduced to
thirty years imprisonment upon
being classified as a trusty or penal
colonist.

Under section 98 and 158 of the Revised


Penal Code, Special Time Allowance
(STA) for loyalty equivalent to one-fifth
of the sentence shall be deducted from
the inmates sentence if, after the
inmate abandoned prison due to
disorder arising from conflagration,
earthquake, explosion, or similar
catastrophes, or during a mutiny in
which the inmate did not participate
voluntarily submits himself to the
authorities within forty-eight hours
following the issuance of a proclamation
announcing the ending of the calamity.

Under Article 99 of the Revised


Penal Code (RPC) GCTAs and STAs
are granted by the Director of
Corrections

- The Youth Rehabilitation


Center for juvenile
offenders is also situated
here.

And the third facility is the


Reception and Diagnostic
Center that receives newly
committed prisoners coming
from the jails nationwide.
Inmates accepted by the RDC
will be studied and classified,
the purpose of which, is the
formulation of the
individualized treatment
program designed to achieve
the most successful

Upon admission, the inmate or


detainee if he has a pending
case, will be put in quarantine in
a designated cell at the RDC for a
minimum of five (5) days during
which he shall be administered
the ff. Physical exam,mental,
orientation, private interview and
etc.

The Davao Penal Colony


was established in January
21,1932 by virtue of Republic
Act 3732 and Proclamation No.
414. Retired General Paulino
Santos, the incumbent Prisons
Director at the time the first
contingent of prisoners that
opened the colony that
covers an area about 18,000

The Japanese transferred the


prisoners who were destined
here to the Inagawan subcolony if Iwahig Penal Colony.
Before the Japanese left the
facility due to the return of the
Americans, they destroyed all its
buildings, machineries and
industries. By August ,1946,
however, the colony was able to
re-establish its pre war status.

At present the Davao Penal Colony


houses medium and minimum security
prisoners. They work in the open fields
escorted by the colony custodial force.
It is now the biggest abaca plantation
in the country.. It is a major banana
producer having secured a joint
venture agreement with Tagum
Development Company. In a 3,000
hectares banana plantation. These
banana products are exported to
Japan, Saudi Arabia, Egypt and many
other countries.

Davao Penal Colony has two


(2) sub-colonies: (1) Panabo
and (2) kapalong with each
under a penal supervisor. It has
also a settlement site for
released prisoners who no longer
wish to return to their homes but
choose to remain in Davao as
homesteaders. This settlement
area is called Tanglaw
Settlement.

Reception Diagnostic Center which


was established in 1953 by virtue
of Administrative order no. 11
issued by the Secretary of Justice.
The Center was established to
enable the Bucor to conduct a
more effective rehabilitation of
prisoners committed to the
Bureaus care through a more
scientific study and diagnoses of
each and every prisoner
committed to the Bureau.

On September 17,1954, the


president of the Philippines
issued Proclamation No. 72
allocating 16,000 hectares of
land in Sablayan, Occidental
Mindoro for the setting up of
another penal colony. The
Sablayan Penal Colony and Farm
was established to met the
increasing population of
prisoners that is already causing

In those times, the New Bilibid


Prison that was supposed to
confine only 3,000 had a
population more than twice that
capacity. The actual land area
is 16,408.5. The principal
activity is agriculture and
rice is the main product.

The last Penal facility to be


built by the Bureau of
prisons is the Leyte Regional
Prison in Abuyog. This was
established in January
16,1973 on the orders issued
under the Martial law by
President Ferdinand E.
Marcos

The Bureau of Jail Management and


Penology was created pursuant to
Republic Act 6975 signed on
December 13,1990 and became
known as the DILG Act of 1990.
On December 10,1974, Presidential
Decree no. 603 otherwise known as
the Child and Youth Welfare Code of
1974 was promulgated. This Code
became the magna Carta for
Children and was the first in the
entire ASEAN region.

Before P.D.603 went into


effect, however, there is
already a long existing law
covering the probationary
treatment of juveniles in
conflict with the law.
This is Commonwealth Act no.
3203 that went into effect on
December 3,1924. This is the
first youth offenders law of the

this law established the Welfare


Institutions, which took
responsibility of taking charge
of all government child-caring
institutions, Home for the Aged
and Infirm as well the
Philippine training School for
Boys. They were put under the
supervision of the office of
Public Welfare Commission.

All these facilities were centralized and


located at what was known as
Welfareville in Mandaluyong. It has fifty
(50) hectares land with forty (40)
buildings. Five (5) of the buildings were
for orphanage of different types of
orphaned children, homes for the
homeless, neglected, displaced and
abandoned boys picked up by the
Police, the Philippine Training School for
Boys and the Philippine Training School
for Girls which serve for confinement
institution for youths in conflict with the
laws, and home for the aged and infirm.

On November 29,1969 the


Philippine training School for Boys
was transferred to Sampaloc,
Tanay, Rizal where it continues to
stay to this day. It was named
Vicente Madrigal Rehabilitation
Center, in honor of the one who
donated the land. Eventually,
however, it returned to its old
official name, the National
training School for Boys.

On the other hand, the


Philippine training School
for Girls transferred to
Alabang, Muntinlupa City
which became the
MARILLAC HILLS up to this
day.

Safekeeping Functions
RULE I
COMMITMENT AND
CLASSIFICATION OF
PRISONERS OR DATAINEES

A person can be committed to


jail only upon the issuance of
an appropriate order by a
competent court or authority so
mandated under Philippine
laws. This Rule enumerates
these courts and authorities,
and classifies inmates
according to the conditions for
their commitment.

Section 1. COURTS AND OTHER


ENTITIES AUTHORIZED TO COMMIT A
PERSON TO JAIL The following (courts
& entities) are authorized to commit a person
to jail

A. Supreme Court
B. Court of Appeals
C. Sandiganbayan

D. Regional Trial Court


E. Metropolitan / Municipal Trial Court
F. Municipal Circuit Trial Court
G. Congress of the Philippines
H. All other administrative bodies or
persons authorized by law to arrest
and / or commit a person to jail

Section 2. CATEGORIES OF INMATES


The two (2) general classes of inmates
A.

B.

are:
Prisoner inmate who is convicted
by final judgment

Detainee inmate who is


undergoing investigation / trial or
awaiting trial / sentencing

Section 3. CLASSIFICATION OF
PRISONERS The four (4) main
classifications of prisoners are:
A.

Insular Prisoner one who is


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

B.

Provincial Prisoner one who is


sentenced to a prison term of six (6)
months and one (1) day to three (3)
years.

c. City Prisoner one who is


sentenced to a prison term of one (1)
day to three (3) years.

d. Municipal Prisoner one who is


sentenced to a prison term of one (1)
day to six (6) months.

Section 4. CLASSIFICATION OF
DETAINEES The Three (3) types of
detainees are those:

A. Undergoing investigation
B. Awaiting or undergoing trial;
and,
C. Awaiting final judgment

Section 5. INMATES SECURITY


CLASSIFICATION The following are the
classification of inmates according to security
risk
A. High Risk Inmates
B.

High Profile Inmates

C.

Ordinary Inmates

Section 6. REQUIREMENTS FOR


COMMITMENT The following are the
requirements for commitment:
A.

Commitment Order

B.

Medical Certificate

C.

Complaint / Information

D.

Police Booking Sheet

RULE II
RECEPTION PROCEDURES,
CLASSIFICATION AND
DISCIPLINARY BOARDS AND
PUNISHABLE ACTS OF
INMATES

One of the Guiding principles of the


United Nations Standard Minimum Rules
for the Treatment of prisoners states
that Imprisonment and other measures
which result in cutting off an offender
from the outside world are afflictive by
the very fact of taking from a person the
right of self-determination by depriving
him / her liberty. Therefore, the prison
system shall not, except as incidental to
justifiable segregation for the
maintenance of discipline, aggravate the
suffering inherent in such a situation,

Hence, a well-planned and organized


reception of datainees is critical to
achieving this. The inmates first
impression of the correctional process
greatly influences his / her attitude and
behavior toward the custodial and
rehabilitative regimens he / she must
undergo during confinement, and
perhaps, to some extent, affect his /
her outlook and adjustment after his /
her release. This rule provides
guidance on the reception and
disciplinary aspects of jail
management.

Section 1. Reception Procedures


A decent and humane program of
confinement starts with a systematic
reception of inmates for commitment
to the BJMPs jail facilities. The
Following procedures should therefore
be observed:

A. The Jail Desk Officer carefully checks


the credentials of the person(s)
bringing in the inmate to determine
his/her/their identity and authority. The
officer also ascertains from the person
that all law enforcement procedures,
including the verification for standing
warrant / criminal record of the
arrested person therefore before
physical presentation in court, must
have been undertaken prior to the
inmates transfer / commitment to the
jail.

This is understood therefore that


other standing warrants must
have been served when a person
is admitted for jail custody.

B. The jail Desk Officer carefully


examines the arrest report and
the authenticity of the
commitment order or mittimus
in due form to determine
whether the inmate has been
committed under legal authority
as provided for by Section 3,
Rule XIII of the Rules of Court.

C. Person arrested by virtue of


a Warrant of Arrest must
secure a Commitment Order
from the Court where the
Warrant of Arrest is issued
before he can be committed
to jail.

D. The admitting jail officer all cash


and other personal property from
the inmate, lists them down on a
receipt from in duplicate, duly
signed by him / her and
countersigned by the inmate. The
original receipt should be kept for
the record and the duplicate copy
should be given to the inmate.

E. All cash and other valuables


of the inmate must be turned
over to the Property
Custodian for safekeeping
and covered by official
receipts.

F. The inmate is then


fingerprinted and photographed.
G. The admitting jail officer
accomplishes a jail booking
report attaching, there to the
inmates photograph for
reference

H. The newly admitted inmate


shall be thoroughly stripsearched. His / Her clothing
shall also be carefully examined
for contraband. He / she is then
checked for body vermin, cuts,
bruises and other injuries, and
for needle marks to determine
if he / she is a drug dependent.

I. The jail Medical Personnel or


the Local Health Officer
immediately conducts a
thorough Medical
Examination of the inmate.

J. When it is not possible for the Jail


Medical Personnel to be in attendance
during the inmates admission, the
receiving officers shall observe the
mental alertness, overall appearance,
physical abnormalities, rashes,
scratches or other identifying marks
of the individual and note them down
in the inmates jail booking report.
The offender observed to be suffering
from any contagious disease is
immediately isolated.

K. A medical record is accomplished by


the Jail Medical Personnel or Local
Health Officer, showing the condition
of the inmate at the time of
admission and to include, if possible,
his / her medical history.
I. Upon commitment, the inmate should
be briefed or oriented on the jail rules
and regulation by the Chief Custodial
Officer or the Officer of the Day prior
to classification and segregation

M. The sentenced inmates


shall be provided with jail
clothing. His / Her personal
clothing should be properly
received, cleaned and stored
safely until his / her release.
The detainee, for his / her
own safety, may be allowed
to wear civilian clothes.

N. The warden establishes and


maintains a record of all inmates,
consisting of information on the
inmates name and alias, if any;
weight, height and body marks or
tattoos, if any; nationality and, if a
naturalized Filipino, his / her
previous nationality; previous
occupation / profession; prior
criminal convictions; and previous
place of residence

In case of a detainee, the record


shall also indicate the crime of
which he / she was convicted;
the sentencing court, his / her
sentence and the
commencement date thereof;
institutional behavior and
conduct, and date he / she was
received for confinement

In case of a detainee, the record


shall indicate the Criminal Case
number in trial court where the
case is pending; or the Case
number in the Appellate court if
the case is on appeal and the
status of the appeal; or the
reason for his / her detention.

O. Upon completion of the reception


procedures, the detainee is
assigned to his / her quarters.

P. The detainee should be issued all


the materials that he / she will be
using during his / her confinement,
if such materials are available.

Q. Upon receipt of a detainee, he / she


shall be apprised, preferably in the
dialect which he / she understands, that
under Article 29 of the Revised Penal
Code, as amended by the Republic Act
No. 6125, his / her preventive
imprisonment shall be credited in the
service of his / her sentence, consisting
of deprivation of liberty for the whole
period he / she is detained if he / she
agrees voluntarily in writing to abide by
the same disciplinary rules imposed
upon convicted prisoners;

Provided, that he / she is not a


recidivist or has not been
previously convicted twice or
more times of any crime; and
when, upon being summoned for
the execution of his / her
sentence, he / she surrendered
voluntarily.

R. If the inmate agrees to abide by the


same disciplinary rules imposed
upon convicted inmates, he / she
shall be asked to sign a Detainees
Manifestation. Otherwise, the warden
issues a Certification under oath to
the effect that the detainee was
apprised of the provisions of Article
29 of the RPC, as amended, and that
the detainee refused to abide the
rules imposed upon convicted
inmates.

S. An inmate who signs a Detainees


manifestation shall be treated as a
sentenced inmate insofar as work
and discipline are concerned. Any
failure or neglect to perform his /
her assigned work shall be
sufficient cause for the cancellation
of the Manifestation. Thereafter, he
/ she shall not be treated as a
convicted inmate cease to earn the
privilege granted.

T. A Detainee who is covered by a


Certification is not required to
work but he / she may be made to
clean his / her cell and perform
such other work as may be
necessary for hygienic or sanitary
reasons. He / She shall be credited
with the service of his / her
sentence with four-fifths (4/5) of
the time during which he / she
was detained.

U. The warden submits the Detainees


Manifestation or Certification as the case
may be, to the proper court before the date
set for the arraignment of the inmate and
the same shall form part of the records of
the case.
The same procedure shall be followed with
respect to all accused persons who have
been convicted but whose cases are
pending appeal before a higher court. The
Detainees Manifestation or Certification as
the case may be, shall form part of the
records of the case.

V. Full credit for the preventive


imprisonment shall commence
from the date of the Detainees
Manifestation.

SECTION 2. CLASSIFICATION BOARD


Each jail shall maintain Classification board, if
facilities and personnel are available, to be
composed of the following.

Chairman Member
Office
Member
Health Officer
Member
Member
Development

Deputy Warden
Chief, Custodial/Security
Medical Officer/ Public
Jail Chaplain
Inmates Welfare and

SECTION 3. DUTIES AND


FUNCTIONS OF THE
CLASSIFICATION BOARD
The Classification Board is tasked to
conduct background investigation of inmates
to determine the work assignment, type of
supervision and degree of custody and
restrictions under which an inmate must live
in jail. The investigation shall focus on:

A. Facts and data of the present case;


B. Earlier criminal history and if he /
she is a recidivist or habitual
delinquent, the facts about his /
her attitudes and behavior while
confined in other institutions.
C. Biography or life history;
D. Medical History

E. Vocational, recreational, educational


and religious background / interest;
and,

F. Psychological characteristics as
evaluated by the psychiatrist and
psychologist.

The inmate is required to appear before


the classification Board for a frank
discussion concerning his / her
strengths and weaknesses. After this,
he / she is informed of the program
planned for him / her. He / She is asked
if he/ she is willing to undergo this
program for his / her own good. If
necessary, the Board will see to it that
the program planned for the inmate is
followed.

Section 4 . DISCIPLINARY BOARD


A disciplinary Board shall be
organized and maintained by jails for
the purpose of hearing disciplinary
cases involving any inmate who
violate jail rules and regulations. It
shall be composed of the following:

Chairman
Deputy Warden
Member
Chief, Custodial /
Security Officer
Member
Medical Officer /
Public Health Officer
Member
Jail Chaplain
Member
Inmates, Welfare and
Development Officer
Member
Inmates Representative

If the above composition is not feasible


because of personnel limitations, the
Warden shall perform the Boards
functions as a Summary Disciplinary
Officer

Section 5. DUTIES AND FUCTIONS


OF THE DISCIPLINARY BOARD
The Board is tasked to investigate
the facts of an alleged misconduct
referred to it. It shall hold sessions as
often as necessary in a room, which
may be provided for the purpose. All
cases referred to it shall be heard
and decided within forty-eight (48)
hours from the date of receipt of the
case.

Section 6. AUTHORIZED DICIPLINARY


PUNISHMENT FOR INMATES
The Board is authorized to impose any of
the following disciplinary punishments:
A. Reprimand ;
B. Temporary or permanent cancellation
of some or all recreational privileges;
C. Cancellation of visiting privileges;
D. Extra-fatigue duty for sentenced
inmates;

E. Confinement in a cell, provided that


this punishment shall be imposed
only in the case of an incorrigible
inmate, when other disciplinary
measures had been proven
ineffective; and,
F. Transfer to another BJMP jail in the
area, in coordination with the court.

In addition to the above-mentioned


punishment, the Disciplinary Board
may recommend to the Warden
partial or full forfeiture of Good
Conduct Time Allowance (GCTA) to
be earned for that month and
subsequent months depending upon
the gravity of the offense.

Section 7. LIMITATIONS ON
DICIPLINARY PUNISHMENT FOR
INMATES
The Disciplinary Board shall consider
the following limitations when
imposing disciplinary punishment:
A. No pregnant inmate or one who
breastfeeds a baby shall be subjected
to any disciplinary punishment.

B. No infirmed or handicapped inmate


shall be meted out punishment which
might affect his / her health or
physical well-being.
C. Corporal punishment, confinement
in dark or inadequately ventilated
cells and any form of cruel, unusual,
inhuman degrading punishment are
absolutely prohibited.

D. Whenever the penalty of extra-fatigue


duty or solitary confinement imposed
may affect the health of the inmate, he /
she shall be made to undergo medical
examination to determine his / her
physical fitness to serve his / her
punishment.
E. When necessary, the Jail Physician shall
visit the inmates undergoing
punishment and shall advise the Warden
for the termination of the punishment
on grounds of physical or mental health.

F. Instruments of restraint, such as


handcuffs, leg irons and straitjackets
are not to be applied as the form of
punishment. They shall only be used
as a precaution against escape and
on medical grounds to prevent an
inmate from injuring himself or
others.
G. Breaches of discipline shall be
handled objectively and decisions
shall be executed firmly and justly.

H. As a general rule, every violation of


discipline shall be dealt with
accordingly. In extreme case where
the violation necessitates immediate
action, the Warden or the Officer of
the Day may administer the
necessary restraints and report the
action taken to the Disciplinary
Board.

Section 8. PROCEDURES IN THE


HEARING OF DISCIPLINARY CASES
The Following procedures shall be
followed in the hearing of
disciplinary cases:

A. The aggrieved inmate informs any


member of the custodial force of the
violation; the latter in, turn officially
reports the matter to the Desk
Officer. If one of the jail employees
knows the violation committed by
the inmate, a brief description shall
be made of the circumstances
surrounding or leading to the
reported violation and all facts
relative to the case;

B. The desk officer simultaneously


informs the Warden and shall
immediately cause the investigation.
He / She submit to the Warden his /
her report together with his / her
recommendations;

C. The Warden evaluates the report if he /


she believes that there is no sufficient
evidence to support the alleged
violation, he / she shall dismiss the case.
If he / she believes that sufficient
evidence exist, he / she shall decide the
case and impose the necessary penalty
in case of minor violations. If the offense
is less grave or grave, he / she shall
endorse it to the Disciplinary Board for
hearing or decide it him / herself as a
Summary Disciplinary Officer if there is
no Disciplinary board;

D. The inmate shall be confronted of


the reported violation and asked how
he / she pleads to charge. If he / she
admits the violation or pleads guilty,
the Board of the Warden, as the case
may be, shall impose the
corresponding punishment;

E. If the inmate denies the charge, the


hearing shall commence with the
presentation of evidence and other
witnesses by the Desk Officer. The
inmate shall the be given the
opportunity to defend him / herself
by his / her testimony and those of
his / her witnesses, if any, and to
present other evidences to prove his
/ her innocence;

F. After hearing, the Board decides the


case on the merits;

G. Whether the inmate is found guilty


or not, he / she should be advised to
obey the rules and regulations
strictly and be reminded that good
behavior is indispensable for his / her
early release and / or granting of
privileges; and.

H. Decisions of the Board or Summary


Disciplinary Officer are subject to
review and approval by the warden
and/ or higher authority, respectively.
The inmates may request by the
Warden and / or higher authority,
respectively. The inmates may
request a review of findings of the
board or summary disciplinary officer
and the propriety of the penalty from
the National Headquarters, BJMP,
whose decision shall be final.

SECTION 9. PUNISHABLE ACTS


An inmate is strictly prohibited from
committing any of the following acts:
A. Minor Offenses
1. Selling or bartering with fellow inmate
(s) those items are not classified as
contraband
2. Rendering personal service to fellow
inmates;
3. Untidy or dirty personal appearance;

4. Littering or failing to maintain


cleanliness and orderliness in his /
her quarters and / or surroundings;
5. Making frivolous or groundless
complaints;
6. Taking the cudgels for or reporting
complaints on behalf of other
inmates;

7. Late in formation during inmate


headcount without justifiable reason;
and,
8. Willful waste of food.

B. LESS GRAVE OFFENSES


1. Failure to report for work detail of
sentenced inmates without sufficient
justification;
2. Failure to render assistance to an
injured personnel or inmate;
3. Failure to assist in putting out fires
inside the jail;
4. Behaving improperly or acting
boisterously during religious, social
and other group functions;

5. Swearing, cursing or using profane or


defamatory language directed at other
persons;
6. Malingering or pretending to be sick
to escape work assignment;
7. Spreading rumors or malicious
intrigues to besmirch the honor of any
person, particularly BMJP personnel;
8. Failure to stand at attention and give
due respect when confronted by or
reporting to any BJMP personnel;

9. Forcing fellow inmates to render personal


service for him / her and / or to others;
10. Exchanging uniforms or wearing clothes
other than those issued to him / her for the
purpose of circumventing jail rules;
11. Loitering or being in an authorized place;
12. Using the telephone without authority
from the Desk Officer / Warden
13. Writing, defacing, or drawing on walls,
floors or any furniture or equipment;

14. Withholding information which may


be inimical or prejudicial to the jail
administration;
15. Possession of lewd or pornographic
literature and / or photographs;
16. Absence from cell, brigade, place
of work during headcount, or at any
time without justifiable reason and;
17. Failure to turn over any
implement / article issued after work
detail

C. GRAVE OFFENSES
1. Making untruthful statements or
lies in any official communication,
transaction, or investigation.
2. Keeping on concealing keys or locks
of places in the jail which are offlimits to inmates;
3. Giving gifts, selling, or bartering
with jail personnel

4. Keeping in his her possession


money, jewelry, cellular phones or
other communication devices and
other items classified as contraband
under the rules;
5. Tattooing others or allowing him /
her to be tattooed on any part of the
body, or keeping any paraphernalia
to be used in tattooing;
6. Forcibly taking or extorting money
from fellow inmates and visitors;

7. Punishing or inflicting injury or any


harm upon him / herself or other
inmates
8. Receiving, keeping, taking or drinking
liquor and prohibited drugs;
9. Making, improvising or keeping any
kind of deadly weapon;
10. Concealing or withholding information
on plans of attempted escapes;
11. Unruly conduct and flagrant disregard
or discipline and instructions;

12. Escaping, attempting or planning to


escape from the institution or from any
guard;
13. Helping, aiding or abetting others to
escape;
14. Fighting, causing any disturbance or
participating therein and / or agitating
to cause such disturbance or riot;
15. Indecent, immoral or lascivious acts
by him / her or others and / or allowing
him / herself to be the subject to such
indecent, immoral or lascivious acts;

16. Willful disobedience to a lawful


order issued by any BJMP personnel;
17. Assaulting any BJMP personnel;
18. Damaging any government
property or equipment;
19. Participating in kangaroo court, an
unauthorized or irregular court
conducted with disregard for or
perversion of legal procedures as a
mock by the inmates in a jail / prison.

20. Affiliating with any gang or faction


whose main purpose is to foment
regionalism or to segregate
themselves from others;
21. Failing to inform the authorities
concerned when afflicted with any
communicable disease, such as
tuberculosis, sexually-transmitted
diseases, etc;
22. Engaging in gambling or any game
of chance;

23. Committing any act which is an


violation of any law or ordinance, in
which case, he / she shall be
prosecuted criminally in accordance
with law and;
24. Committing any act prejudicial to
good order and discipline.

RULE III
TREATMENT OF INMATES
WITH SPECIAL NEEDS

The United Nations Standard Minimum


Rules for the Treatment of prisoner
provides that so far as possible,
separate institutions or separate
sections of an institution shall be used
for the treatment of the different
classes of prisoners. The BJMP has
adhered to this principle since its
creation; however, the rise in criminality
in recent years, coupled with the
passage of more stringent laws
(especially for drug-related offenses)

And the adoption of better crime


solution methods, resulted to a
marked increase in inmate
population in BJMP detention
centers. The lack of funds to
expand existing jails or to build new
ones aggravates the situation. This
Rule, therefore, provides guidance
to Wardens and Jail Officers on how
to treat inmates with special needs,
given and limited resources.

SECTION 1. BASIC POLICY


As a general rule, inmates with special needs
should not be held in jails with other regular
inmates. For example, female inmates should
be confined in institutions that are separate
from those used for males. However given the
reality of budget constraints, increasing inmate
population, insufficient facilities and
inadequately-equipped detention homes,
Wardens and Jail Officers shall endeavor to
provide the best arrangement they can for
such inmates, in keeping with this Rule. It is
assumed that the inmates have been properly
evaluated and classified for this purpose.

SECTION 2. HANDLING INMATES


WITH SPECIAL NEEDS
The following guidelines shall be
observed in handling of inmates
with special needs:
A. Female
1. The female quarters should be fully
separated from the male quarters.

2. In larger jails, a female personnel


may be designated to keep the keys
to the female quarters and make the
same available at any time.
3. No male inmate shall be allowed to
enter the female quarters; and,
4. Only work suitable to their age and
physical condition should be
assigned to female inmates

B. Drug Users / Dependents / Addicts


1. Inmates found to be drug users /
dependents / addicts / should be
segregated from other inmates,
especially during the withdrawal period;
2. Maintain close supervision of inmates
to prevent attempts to commit suicide
or self-mutilation;
3. Only a qualified physician shall
prescribe sedatives / stimulants
deemed necessary for the inmates
treatment;

4. Appropriate measures should be taken


to enable inmates to follow strictly the
jail physicians advice regarding diet
and other medical interventions /
treatments during the withdrawal
period; and,
5. Conduct regular search of the inmates
quarters and maintain constant
alertness to prevent the smuggling of
narcotics and other dangerous drugs.

C. Alcoholics
1. Place alcoholics in quarters separate
from other inmates and maintain
close supervision to guard against
suicide attempts;
2. Any symptoms of abnormal behavior
among inmates should be reported
immediately to the jail physician;
and,
3. Exercise close supervision to guard
against the smuggling of liquor and
other intoxicating drinks or products
containing alcohol.

D. Mentally-ill
1. The mentally-ill should be under the
close supervision of a jail medical
personnel;
2. Place the mentally-ill in separate cells
and special restraint rooms provided for
violent cases;
3. Exercise close supervision to guard
against suicide attempts or violent
attacks on others; and
4. The mentally-ill should be transferred as
soon as feasible to mental institutions
for property psychiatric treatment.

C. Sex Deviates
1. Homosexuals should be segregated
immediately to prevent them from
influencing other inmates or being
maltreated or abused by other
inmates, and,
2.

Other sex deviates should be


separated from other inmates for
close supervision and control.

F. Suicidal Inmates
1. The suicidal inmate should be given
close and constant supervision;
2.

Search their quarters and premises


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

3.

They should be subjected to


frequent strip searches.

G. The Handicapped, Age and Infirmed


1. These inmates should be housed
separately and closely supervised to
protect them from maltreatment or
abuse by other inmates; and,
2.

Special treatment should be given to


these inmates who shall be required
to work in accordance with their
physical capabilities for their own
upkeep and to maintain the
sanitation of their quarters and
surroundings.

I. Non-Philippine Citizen Inmates


1. The Warden shall report in writing
to the Bureau of Immigration and
the respective embassies of the
detained foreigners the following:
A. Name of Jail
B. Name of Foreigner
C. Nationality & number of her Alien
Cert. or Registration if any.
D. Age / Sex
E. Offense charged

F. Case Number
G. Court / Branch
H. Status Case