History of Correction in the Philippines
History of Correction in the Philippines
HISTORY OF CORRECTION
INTRODUCTION
In this lesson, the students will learn and understand the early forms of punishment and the different types of primitive
form of punishment; the simple definition used in this study is the concept of correction. The primary functions of the five
components of the Philippine Criminal Justice System and also the topics covered the early origins of jails and its treatment of
offender will also be tackled.
OBJECTIVES
READINGS
The government maintained six correctional institutions and penal farms. The nation's largest prison was the National
Penitentiary at Muntinlupa, Rizal Province, near Manila, which also operated the Manila City Jail. The penitentiary served as the
central facility for those sentenced to life imprisonment or long-term incarceration. It was divided into two camps to separate
those serving maximum and minimum penalties. The Correctional Institution for Women was located in Metropolitan Manila.
Combination prison and penal farms also were located in Zamboanga City, and in Palawan, Mindoro Occidental, and in several
Mindanao provinces. Prison conditions in the Philippines were generally poor, and prison life was harsh.
Some prison inmates were eligible for parole and probation. Before serving their sentence, felons, who were not
charged with subversion or insurgency, or had not been on probation before, could apply for probation. Probationers were
required to meet with their parole officers monthly, to avoid any further offense, and to comply with all other court-imposed
conditions. After serving an established minimum sentence, certain prisoners could apply to their parole board for release. The
board could also recommend pardon to the president for prisoners it believed to have reformed and who presented no menace
to society.
The system has five distinct but coordinated components; namely: Law Enforcement, Prosecution, Court, Correction
and the Community. It is distinct because each component has its own respective functions to perform as an institution or as an
integral part of another system aside from the criminal justice system (CJS).
It is coordinated because these components operate in a manner being interdependent and supportive of one another
in order to achieve the very purpose of the system. These established five components are also known as the five pillars of the
CJS; unfortunately, at this point of time there are tendencies for each pillar to act independently from each other, and the worst
is one component blames another component for the failure of the system to effectively deal with offenders already introduced
into it.
Prosecution - Its function is to evaluate the findings of the police submitted to their office, to conduct preliminary
investigation, to receive the complaint filed by the victim and to be responsible to file information to the court and to act as a
legal prosecutor of the offended party.
Court - Its function is to conduct cross examination of the witness before the issuance of the warrant either warrant of
arrest or search warrant; to conduct arraignment and to hold trial before giving final decision of the case.
Correction - is considered as the weakest components of the CJS. Its function is to reform the convicted offender
through the rehabilitation program inside the correction. The function of the correction in our criminal justice system is to
reform the offender through rehabilitation program such as giving an opportunity to every convicted offender to continue his
study by way of Vocational training program.
Community - The function of the community pillar is to help and coordinate the program of the government specifically
on the maintenance of peace and order.
- It defined as that branch of the administration of criminal justice charged with the responsibility for the custody,
supervision and rehabilitation of those who judicially found violated criminal law.
- Correction is in a view of reorientation or re-instruction of the individual with a purpose of preventing a repetition of
the unlawful activities without necessity of taking punitive action.
Correction as a Process - is the orientation of the criminal offenders to prevent them from repeating their delinquent actions
without the necessity of taking punitive action, but rather an introduction of individual measures for reformation.
2. Non-Institutional Correction (Community-based Correction) - rehabilitation or correctional programs take place within the
community. This is otherwise referring to as community-based correction. Is this approach the convict will not be placed or be
released from correctional facility or jails.
Correction is also the name of a field of academic study concern with the theories, policies, and programs pertaining to
the practice of corrections. Its object of study includes personnel training and management as well as the experiences of those
on the other side of the fence-the unwilling subjects of the correctional process. The terminology changes in US academia from
“penology” to "corrections" occurred in the 1950s and 1960s, and it was driven by a new philosophy emphasizing rehabilitation.
It was accompanied by concrete changes in some prisons, like giving more privileges to inmates, and attempting to instill a more
communal atmosphere. At least nominally, most prisons became correctional institutions, and guards became correctional
officers. Although the corrections-related terminology continued thereafter in US correctional practice, the philosophical view
on offenders' treatment took an opposite turn in the 1980s, when the "get tough" program was labeled by academics as "The
New Penology".
Correction is a branch of administration of criminal justice responsible for correction and rehabilitation of those
persons, who are after observance of due process, was found violated penal law by competent judicial authority.
The earliest form of punishment was death, torture, maiming and banishment. The jail was introduced in Medieval
Europe as a place of confinement of persons arrested and undergoing trial, and for those convicted of minor offenses such as
drunkenness, gambling and prostitution. Death, corporal punishment and banishment were still the penalties for offenses which
today are punishable by imprisonment. Later, convicted offenders were chained to galleys to man the ships of war. England,
France and Spain used the transportation system of punishment by indenturing their convicts to penal colonies where they
served as slaves until they completed their service of sentences.
Transportation of offenders to penal colonies was practiced principally by Europe countries that had acquired distant
colonies because of the need to import labor into these colonies. England, more than any other imperialistic country in Europe,
made extensive e of transportation England first began transporting prisoners in 1718, by sending her convicts to American
Colonies until the American revolution. When the colonies obtained their independence, England diverted her convicts to
Australia and New Zealand. England abandoned transportation of prisoners in the last half of the 19th century, after much
agitations and protests on the part of the colonies.
Definitions of Punishment
- Punishment is a means of social control. It is a device to cause people to become cohesive and to induce conformity.
- Punishment is the infliction of some sort of pain on the offender for violating the law.
- Penalty imposed, as for transgression of law any pain, penalty, forfeiture, or confinement imposed by the court for a
wrong doing.
Every society has various methods of social control ranging from public disapproval to death that hold individuals to
expected standard forms of behavior.
Blood feuds - ancient culture developed the idea of justice based on vengeance, retribution and compensation. When a crime is
committed; the victim is expected to dole out justice with his own hands. Punishment was carried out by the victim personally,
along with help provided by one's family. The offender will seek refuge to his family and friends; as a result of this system, blood
feuds developed.
Early Codes
1. Babylonian and Sumerian Codes
Lex Talionis (eye for an eye) based on Sumerian Code (1860 B.C.)
Code of King Hammurabi (1750 B.C.)- 500 years before of Covenant. Enacted by King Hammurabi, the sixth Babylonian
King. The partial copies exist on a human-sized stone and various clay tablets. The Code consists of 282 laws, with
scaled punishments, adjusting “an eye for an eye, a tooth for a tooth" of lex talionis as graded depending on social
status, of slave versus free man
Book of Covenant (1250 B.C.)
2. Crime and Sin - “Get right with God", directive that the offender must make peace with God through repentance and
atonement. The early codes even the Ten Commandments were designed to make the offender's punishment acceptable to
both society and God.
4. Middle Ages - Reformation was viewed as a process of religious, not secular, redemption. As in early civilizations, the sinner
had to pay two debts, one to society and another to God.
Note: Inquisition-A former Roman Catholic tribunal for the discovery and punishment of heresy; an investigation conducted with
little regard for individual rights through a severe questioning. Emperor Frederick II made the inquisition a formal institution in
1224 and lasted until 1834. The main contribution of the medieval church in the history of correction is the concept of free will.
Death by Sawing
This form of execution is most closely associated with the reign of the Roman Emperor Caligula. The criminal was
attached to an arch of wood and then sawn vertically from the groin down through the skull.
The Garotte
Pictured is a 1901 execution of a prisoner at Bilibid Prison in Manila Garroting was outlawed in the Philippines in 1902.
Garotte was used in Spain for hundreds of years, the garotte is an efficient means of execution by asphyxiation. In an
earlier version, the victim was tied to a stake and a loop of rope was placed around his/her neck. A rod in the loop was turned
until the rope tightened, choking the victim. In later versions, the stake was replaced with a chair in which the victim was bound,
and the rope was replaced with a metal collar. Until 1940, Spain implemented a version of the garotte which included a metal
pike which was driven into the spinal cord as the collar tightened.
Guillotine
Conceived in the late 1700's this was one of the first methods of execution created under the assumption that capital
punishment was intended to end life rather than inflict pain. Although it was specifically invented as a human form of execution
it has been outlawed in France and the last one was in 1977.
Premature Burial
Somewhat self-explanatory, this technique has been used by governments throughout history to execute condemned
prisoners. One of the latest documented cases was during the Nanking Massacre in 1937 when Japanese troops buried Chinese
civilians alive.
ELECTRIC CHAIR
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United
States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed
on the head and leg. This execution method, conceived in 1881 by a Buffalo, New York dentist named Alfred P. Southwick, was
developed throughout the 1880s as a humane alternative to hanging and first used in 1890. This execution method has been
used in the United States and, for a period of several decades, in the Philippines (its first use there in 1924, last in 1976).
Historically, once the condemned person was attached to the chair, various cycles (differing in voltage and duration) of
alternating current would be passed through the individual's body, in order to cause fatal damage to the internal organs
(including the brain). The first more powerful jolt of electric current was designed to pass through the head and cause
immediate unconsciousness and brain death. The second less powerful jolt was designed to cause fatal damage to the vital
organs. Death may also be caused by electrical overstimulation of the heart.
FIRING SQUAD
Execution by firing squad, sometimes called fusillading (from the French fusil, rifle), is a method of capital punishment,
particularly common in the military and in times of war. Execution by shooting is a fairly old practice. Some reasons for its use
are that firearms are usually readily available and a gunshot to a vital organ usually kills relatively quickly. Before the
introduction of firearms, bows or crossbows were often used-Saint Sebastian is usually depicted as executed by a squad of
Roman auxiliary archers in around 288 AD; King Edmund the Martyr of East Anglia, by some accounts, was tied to a tree and
executed by Viking archers on 20 November 869 or 870 AD.
A firing squad is normally composed of several military personnel or law enforcement officers. Usually, all members of
the group are instructed to fire simultaneously, thus preventing both disruption of the process by a single member and
identification of the member who fired the lethal shot. To avoid the disfigurement of multiple shots to the head, the shooters
are typically instructed to aim at the heart, sometimes aided by a paper target. The prisoner is typically blindfolded or hooded,
as well as restrained, although in some cases prisoners have asked to be allowed to face the firing squad without their eyes
covered. Executions can be carried out with the condemned either standing or sitting. There is a tradition in some jurisdictions
that such executions are carried out at first light, or at sunrise, which is usually up to half an hour later. This gave rise to the
phrase "shot at dawn."
Execution by firing squad is distinct from other forms of execution by firearms, such as an execution by a single firearm
to the back of the head or neck. However, the single shot by the squad's officer with a pistol is sometimes incorporated in a
firing squad execution, particularly if the initial volley turns out not to be immediately fatal.
Note: Death penalty per se does not violate the constitutional rights against cruel, degrading and unusual punishment.
Punishment so if it involves torture or a lingering death but the punishment of death is not cruel within the meaning of the word
as used in the 1987 Constitution. It implies there something inhuman and barbarous, something more the mere extinguishment
of life. (People v. Mercado,e GR No. 116239, November 29,2000)
Flogging
Otherwise known as whipping, flogging became a common punishment in almost all Western civilizations. The method
was used particularly to preserve discipline in domestic, military, and academic settings. Administration was commonly done by
a short lash at the end of a solid handle about three feet long, or by a whip made of nine knotted wires, lines, or cords fastened
to a handle (cat-o'-nine-tails), sometimes with barbed-wire spikes worked into the knots.
Wheels
Wheels were adapted to many torturous uses. They could be part of a stretching rack, but medieval torturers were far
too creative to leave it at that. Early torturers were fond of tying someone to a large wooden wheel, then pushing it down a
rocky hillside. A more elaborate method involved a wheel mounted to an A-frame that allowed it to swing freely. The victim
would be tied to the wheel, and then swung across some undesirable thing below -fire was always a good choice, but dragging
the victim's flesh across metal spikes also worked well. The wheel itself could also have spikes mounted on it, so the pain came
from all directions. Instead of swinging, the wheel might turn on an axle. The difference was likely immaterial to the victims.
One of the most horrible wheel tortures was akin to crucifixion. The victim would have the bones in all four limbs
broken in two places by strikes from an iron bar. Then, the shattered limbs were threaded through the spokes of a large wheel.
Finally, the wheel would be attached to the top of a tall wooden pole and left out in the sun for days. The victim might be alive
for hours, enduring the agony of his or her mangled arms and legs and the relentless sun, not to mention the attentions of
crows.
BANISHMENT OR TRANSPORTATION
This is the sending or putting away of an offender which was carried out either by a prohibition against coming into a
specified territory, or a prohibition against going outside a specified territory, such as island to where the offender has been
removed.
DEVELOPMENT OF PRISON
Prisons grew as a substitute for transportation, exile, public degradation, particularly corporal punishments, and the
death penalty. In the United States where prisons were first established, imprisonment was introduced as a substitute for
corporal punishment and death penalty when, by the provision of the Pennsylvania reform Law of 1790,corporal punishment
was abolished and the list of offenses punishable by death was reduced to only one-that of the first degree murder as the United
States and Europe curtailed the use of the Death Penalty, prisons and penitentiaries arose to take care of the unexecuted and
un-pardoned criminals long sentences required prisons and penitentiaries, that were not places of detention for those awaiting
trial or short sentences but places for lengthy stay.
Penitentiary - referred to a place where crime and sin may be atoned for and penitence produced.
Early Prisons:
1. Mamertine Prison - An early place of confinement in Rome in 64 BC using primitive dungeons built under the main sewer.
2. Sanctuary - Asylum that placed the wrongdoer in seclusion or arrest in cities followed by Christian Church. Since the time of
Constantine, placing the wrongdoer in seclusion to create an atmosphere conducive to penitence is common. This form of
imprisonment was modified into more formalized places of punishment within the walls of monasteries and abbeys.
Early Workhouses:
1. Bridewell - a workhouse created for the employment and housing of London's "riffraff" in 1557 and was based on the work
ethic that followed the breakup of feudalism and increased immigration of rural populations to urban areas.
Workhouses was so successful that by 1576, Parliament required the construction of a Bridewell in every country in
England. The same unsettled social conditions prevailed in Holland, and the Dutch began building workhouses in 1596 that were
soon to be copied all over the Europe.
2. Hospice of San Michele - A correction facility designed for incorrigible boys and youth, and included silence, large work areas,
and separate sleeping cells. Both expiation and reform were intended goals.
3. Walnut Street Jail - Originally constructed as detention jail in Philadelphia created by the Quakers, it was converted into a
state prison and became the first American Penitentiary. It was converted into a state prison and became the first American
penitentiary. It became the first United States penitentiary system. When legislation was passed, provisions were made to
establish the principle of solitary confinement, strict discipline, productive work and segregation of the dangerous offenders.
4. The Auburn System - Among its features was the confinement of the prisoners in single cell at night and congregate work in
shops during day time. A complete silence was strictly enforced. The system was considered as the most effective and
advantageous because, it has been observed that the prisoners can finish more articles when they work together as a group
rather than working alone in their individual cells.
5. The Pennsylvania Prisons - This is the rival penitentiary system of the Auburn. Its features consisted a solitary confinement of
the prisoners in their own cell day and night where they lived, slept, received religious instructions and read the bible. Silence
also strictly observed (Fox, 1998).
Bastille Prisons
A fortress prison in Paris, France; Bastille was a symbol of royal absolutism before the French revolution in 1370.
Originally, it was intended to augment the Cities defense. In 17th century, it was used as prisons where hundreds of political
prisoners were tortured and executed. The known political leaders who were imprisoned in Bastille prisons, were Voltaire and
Marquis de Sade, who were victims of ruthless persecutions.
On July,14,1789 beginning of the French revolution, a mob in the nature of People's Power, stormed the building after
commander Marquis de Launay refused to surrender; thereafter the mystic of Bastille was demolished and on the 14th of July
was set aside as French National Holiday since 1880 with pomp and pageantry.
Alcatraz Prison
It is an island in San Francisco Bay. It is the site of infamous prison noted for its inhuman treatment and tortures. The
island was discovered by the Spaniards in 1545 and in 1850, it was fortified and used as military prisons.
In the year 1933, it became a federal prison and it was considered as escape proof because of its fortress-like structure
and the cold currents in the surrounding waters. The Alcatraz prison was closed in 1963, not for the reason that there was an
escape committed but because of its high cost of maintenance. Before it closed one of its known personality prisoners was
known as the Godfather of Mafia family in the person of Al Capone.
Today the Alcatraz prison is opened as the Golden Gate National Recreation area. It offers boat riding in a fisherman's
boat.
Sachsenhausen Prison
Built in 1939 outside the Berlin proper as Germany's concentration camps for the dreaded Nazi's SS elite force. Its
notoriety became famous when it was transformed into gas chambers wherein by conservative estimates more than hundred
thousand of people died mostly of Jew's descent.
Auschwitz Prison
Built by Germans near Cracow Poland, it was popularly known as the death camp headed by Rudolf Hoess. More than
two (2) millions innocent victims perished either by torture, mayhem or gas chamber in this famous dreaded concentration
camp. The tale of blood and tears by the account of Polanders can fill a thousand Olympic size swimming pool.
Insein Prison
Insein Prison is situated in Rangoon Burma, now Myanmar. At the height of political unrest, the country's stability was
under siege. The Insein prison is a pygmy in size compared with other prisons in western countries, but it became the focus of
world attention when political dissents were placed behind bars. Human rights international advocates further inflamed the
world's outrage when the daughter of assassinated general Aung san, who planned a Coup de etat and the father of known
Democratic fighter in Myanmar in the person of Suu Kyi were imprisoned for advocating freedom and democracy on their land
(Macasiano, 1999).
A. PRE-CLASSICAL THEORIES
Secular Theory of Punishment - The first person who attempted to explain crime is Aristotle, an Athenian philosopher. In his
book entitled "Nicomedean Ethics", he discussed the philosophy of corrective justice. According to him, punishment is a
means of restoring the balance between pleasure and pain, whereby the loss suffered by the victim is compensated by the
suffering of the offender hence, restoring the balance between the injured and the transgressor".
Judean-Christian Theory - This theory adhered that punishment has a redemptive purpose of repelling sin advocated by the
devil. This theory was at its fullest development during the death of Christ in 30 A.D.
The Rise of Canonical Courts (Church' Court) - In the history, a system of trial and punishment was established in the 4th
Century A.D. The rivalry existed between church and state in trying offense. In the early Christian era, the church forbids its
adherence to resort to state court and later in the medieval period the power of state courts declined and the power of
Canonical court was mainly reformatory in purpose.
Individualization of Punishment - the lawmakers and judges had the practical task of making and administering law not only
in the light of such theories of free will and responsibility, but also face to face with the indignation of the community at a
particular offense.
Abuse of Judicial Individualization - the law gave judges wide discretion to impose additional penalties in view of the
circumstances. This theory gave the judges tyrannical power which led to abuses. Class discrimination in the administration
of justice arose.
B. CLASSICAL SCHOOL
This theory considered man as a free moral agent therefore he is responsible for his acts. The classical theory came
about as a direct result of two influences: (1) It came about as a protest against the abuses of discretionary power of judges; and
(2) Influenced by the School of French philosopher and writer ROUSSEAU and his writings contained in his book "Social
Contract”.
This school of thought was advocated by Dr. Cessare Baccaria who maintained the doctrine of psychological hedonism;
that an individual calculates pleasure and pain in concordance to his actions and regulations. His conduct is the result of his
calculations. It means that a person who commits a crime knows already what the possible consequence is. The doctrine of
school of thought is the “Doctrine of Free Will.”
C. NEO-CLASSICAL SCHOOL
This approach to penology arose at the time of French Revolution and the period immediately thereafter. It maintains
that while the Classical school doctrine in general is correct, it should be modified in certain details. It argues that since children
and lunatic persons cannot calculate pleasure and pain hence, they should not be regarded as criminals and as such they should
not be punished. The reaction to crime, therefore, under this school is no longer punitive; punishment is imposed on some
lawbreakers but not on others. By implication, individual responsibility is taken into account.
Subsequently, it would be necessary for the administrators of justice to consider the psychology and sociology of crime
(Tradio, 1996).
The principles of classical school remained intact but the system of defined and variable punishment was modified. The
judge was given discretion in certain crimes to vary punishments between the maximum and minimum fixed by law.
Defined individual responsibility and reflected an essentially non-punitive reaction to crime and criminality. Since the
criminal was held to be not responsible for his acts, he was not be punished. The adherents of this school maintained that a
crime, as any other act, is a natural phenomenon.
According to him, crime can be understood only as it is studied by scientific methods. The criminal is not a free moral
agent, but is the product of circumstances. He traced roots of criminal behavior to psychological equivalents to stigmata called
"moral anomalies". Likewise, natural crimes found in all society, regardless of the views of lawmakers, and no civilized society
can afford to disregard them.
These are among the beliefs of Garofalo regarding natural crime and peculiarities of offender:
1. Peculiarities: Particular characteristics that place offenders at risk for criminal behavior
2. Extreme criminals: Execution for punishment
3. Impulsive criminals: Imprisonment for punishment
4. Professional criminals: Punishment is "elimination," either by life imprisonment or transportation to a penal colony
overseas
5. Endemic criminals: Controlled through changes in the law This.