Correctional Administration lecture notes
Correctional Administration lecture notes
Basic Terms to Remember: Penology The study of punishment for crime or of crime
offenders, it includes the study of control and prevention of crime through punishment
of criminal offenders.
The term is derived from the Latin word “POENA” which means pain or suffering.
Penology is otherwise known as Penal Science. It is actually a division of
Criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its effort to repress
criminal activities.
Penology has stood in the past and, for the most part, still stands for the policy of
inflicting punishment on the offender as a consequence of his wrong doing.
Correction A branch of the Criminal Justice System concerned with the custody,
supervision, and rehabilitation of criminal offenders.It is that field of Criminal Justice
Administration which utilizes the body of knowledge and practices of the government
and the society in general involving the processes of handling individuals who have
been convicted of offenses for purposes of crime prevention and control. It is the
study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals. It is a generic term that includes all government agencies,
facilities, programs, procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of alleged
offenders.
Correction as a Process:
This refers to the reorientation of the criminal offender to prevent him or her from
repeating his deviant or delinquent actions without the necessity of individual
measures of reformation.
mittimus/commitment order, the prosecutor’s information and the decision of the trial
court, including the appellate court, if any
Types of Contraband:
1. Illegal Contraband – prohibited by law
CONVICT BOGEY – society exaggerated fear of the convict and ex- convict which
is usually far out of proportion to the real danger they present.
Rules on Furlough
Not more than 30 km radius from the prison facility
More than 30 km but you can return in daylight time
Duration is for 3 hours only
Cannot join any funeral procession
Request at least 3 days before the day of visit
Approved by the trial court
Inmates confined in maximum security prison compound are disqualified to avail the
privilege of furlough
1. Halfway Out – prerelease facility used to orient the prisoner before release for
adjustment purposes in coping in the outside. a. Pre-Release – place for parole eligible
b. Parolees – granted parole but needs assistance in coping outside
JAILBREAK – the escape from jail by more than two inmates by the use of force,
threat, violence, deceit or by breaching security barriers such as by scaling the
perimeter fence, by tunneling and/or by other similar means or by burning or
destructing of the facility with or without the aid or jail officer or any other person.
MITTIMUS – a warrant issued by a court bearing its seal and the signature of the
judge, directing the jail or prison authorities to receive inmates for custody or service
of sentence imposed therein.
Benefit of the Clergy – In 13th Century, a compromise between the church and the
king, wherein any member of the clergy brought to trial in the king’s court shall be
claimed from the jurisdiction by the bishop or chaplain representing him and placed
under the authority of the ecclesiastical court. –
It was provided for the clergies in Europe during the 12th Century by giving them
exemption for criminal punishment –
1468 (England) – torture as a form of punishment became prevalent. –
Piracy act of 1717 – was an act of the parliament of Great Britain that established a 7
years penal transportation to North America as a possible punishment for those
convicted of lesser felonies. –
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. These were abandoned warships converted into prisons as means of
relieving congestion of prisoners. They were also called “Floating Hells”
Gulags – the term Gulag of Igorot Mountain Tribe according to the linguist, refers to a
wooden-fence where convicted felons were imprisoned by the elders. – At the height
of the Banawe Rice Terraces construction, the tribe’s chieftain considers it a crime for
any able-bodied male who refuses to work at the terraces, if found guilty of such
idleness, he will be sent to Gulag.
Gulag of Russia – this is synonymous for corrective labor camp penal institution
establisghed in 1918 after the Russian Revolution. It was the most feared prison
during the reign of Joseph Stalin on 1934 to 1947.
Penological Theories:
The first attempt to explain crime was made by the Athenian Philosopher, Aristotle.
In his book “Nicomedean Ethics”, he discusses corrective justice, thus – “punishment
is a means of restoring the balance between pleasure and pain”
4th A.D. – secular laws were advocated by Christian Philosopher who recognizes the
need for justice. Some of the proponents these laws were St. Augustine and St.
Thosmas Aquinas.
Laws were distinguished:
External Law (Lex Externa)
Lex Divina (Divine Law)
Natural Law (Lex Naturalis)
Human Law (Lex Humana)
All these laws are intended for the common good, but the Human Law became valid if
it does not conflict with the other two laws.
The Judean – Christian Theory Following the Secular Theory of punishment was the
Judean or Christian Theory, which was at its fullest development during the death of
Christ in 30 A.D. this theory of expiation believes that punishment has a redemptive
purpose of repelling sin advocated by the devil.
2. The Neo-Classical School – it maintained that while the classical doctrine is correct
in general, it should be modified in certain details. Since children and lunatics cannot
calculate the differences of pleasures form pain, they should not be regarded as
criminals; hence they should be free from punishment. Result of the Neo-Classical
Theory: Exempting circumstances admitted Reduction of punishment for partial
freedom of the will – only partial responsibility Punishment was mitigated for lack
of full responsibility It represented the reaction against the seventy of the classical
theory of equal punishment irrespective of circumstances
3. The Positivist / Italian School – the school that denied individual responsibility and
reflected non-punitive reactions to crime and criminality. It adheres that crime, as any
other act, is a natural phenomenon. Criminals are considered as sick individuals who
need to be treated by treatment programs rather than punitive actions against them.
Treats criminals as sick individuals Purpose of punishment is treatment and
rehabilitation
4. Eclectic – it means selecting the best of various styles or ideas, also known as
Mixed Theory.
Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to anyone in
the Primitive Society, the concept of personal revenge by the victim’s family or tribe
against the family or tribe of the offender, hence “Blood Feuds” was accepted in the
early primitive societies.
Fines and Punishment – customs has exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment (cattle, food, personal
services, etc) became accepted as dictated by tribal traditions. As tribal leaders, elders
and later kings came into power, they begun to exert their authority on the
negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by
Ordeal) but if they refuse to abide by the law imposed, they will be declared to be an
outlaw.
Early Codes:
a. Justinian Code – 6th Century A.D. Emperor Justinian of Rome wrote his code of
law. An effort to match a desirable amount of punishment to all possible crimes.
However, the law did not survive due to the fall of the Roman Empire but left a
foundation of Western Legal Codes.
The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest
codification of Roman law incorporated into the Justinian Code. It is the foundation of
all public and private law of the Romans until the time of Justinian. It is also a
collection of legal principles engraved on the tablets and set up on the forum.
b. Greek Code of Draco – in Greece, the Code of Draco, a harsh code that provides
the same punishment for both citizens and the slaves as it incorporates primitive
concepts (Vengeance, Blood Feuds) The Greeks were the first society to allow any
citizen too prosecutes the offender in the name of the injured party.
3. The Burgundian Code (500 A.D.) – specified punishment according to the social
class of offender, dividing them into: nobles, middle class, and lower class and
specifying the value of the life of each person according to social status.
The Spanish Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal” (The Revised Penal Code today, 1930) was
introduced by the Spaniards promulgated by the King of Spain. Basically, these laws
adopted the Roman Law principles (Coquia, Principles of Roman Law 1996).
Sometimes called as “Ley Engiciamiento Criminal” Mostly tribal traditions, customs
and practices influenced laws during the Pre-Spanish Philippines.
Early Prison:
2. Bridewell Workhouse – the most popular workhouse in London which was built for
the employment and housing of English prisoners. It was named after St. Bridget Well
(1557).
7. Sing-Sing Prison – 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 which cause so much pain and extreme shock that
prisoners immediately sank into coma due to the shock and hypothermia or sudden
drop in body temperature.
8. Alcatraz (The Rock) – the prison is located on an island in San Francisco Bay. It
was built for the military in 1850 and used by them as a fort and a prison until 1933
when it passed to the Department of Justice thru the recommendation of Director John
Edgar Hoover and became a civil prison until it was closed in 1963 thru the writing of
James Bennet. – The hardest prison in history where number one public enemies are
imprisoned like Al Capone.
Famous Escapees of Alcatraz (1962): 1. Frank Morris 2. Clarence and John Anglin –
9. Devil’s island – French Penal colony from 1852 to 1959 where political prisoners
are exiled
10. Robben Island – a prison complex located at the coast of Capetown South Africa
ahich serve as a refugee camp for people afflicted with leper before converted into a
prison.
11. Port Arthur – located in Tasmania, Australia, a penal colony which is the hardest
English prisoner during the middle of the 19th Century.
12. New Gate Prison (Black Hole of Horrors)- not a real prison but an abnadoned
copper mine in Simsbury Connecticut. Inmates were confined underground.
During the Pre-Spanish period, prison system in the Philippines was tribal in nature.
Village chieftains administered it. It was historically traced from the early written
laws.
Established in 1847 pursuant to Section 1708 of the Revised Administrative code and
formally opened by Royal Decree in 1865, the first Bilibid Prison was constructed and
became the central place of confinement for Filipino Prisoners by virtue of the Royal
Decree of the Spanish Crown.
In 1936, the city of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys’ training school. Today, the old Bilibid
Prison is now being used as the Manila City Jail famous as the “May Haligue Estate”
Penalty and the Modern Period of Correction
Penalty is defined as the suffering inflicted by the state against an offending member
for the transgression of law.
It is the redress (compensation) that the state takes against an offending member of
society that usually involves pain and suffering.
1. Garrote – this became popular when three Friar’s Priest commonly addressed as
GOMBURZA, were executed in 1872 by the Spanish colonial rulers for exposing the
venalities of the church. – An iron collar attached upon scaffold formerly used in
Spain and Portugal. The convict is seated on the improvised chair with both hands and
feet tied. Then, the victim’s neck is placed on the collar attached to it, finally the iron
collar is slowly tightened by the screw at the back chair by the executioner until the
death is pronounced dead. – This method of execution was abolished in the
Philippines by virtue of Act 451.
2. Musketry / Firing Squad – our national hero, Dr. Jose Rizal, died due to the alleged
rebellion to the Spanish government. Drug Lord Lim Seng met his death sentence by
firing squad in 1973 at Fort Bonifacio during Martial Law.
4. Hanging – the famous tiger of Malaysia, Yamashita died of hanging from 13th
footstep platform in 1946. – Mostly, the execution is conducted at dawn. The
executioner will place a cloth over his head. Steel weights are strapped to the legs of
the death convicts to ensure that he/she will die quickly. Then the rope will be placed
around the neck or the convict, and finally, the platform will be removed.
5. Electric Hair / Silia Electrica – the Muntinlupa Electric, which was originally used
way back 1926, is chair has claimed more than seventy offenders convicted of capital
offenses since its installation four decades ago. – The convict is seated on a chair
made of electrical conducting materials with strap of electrodes on wrist, ankle, and
head. Upon orders, the levers will be pulled-up and the fatal volts of alternating
current pass the body until the convict dies. If ever the convict is still alive, the lever
shall be pulled again until he is pronounced dead.
2. Crucifixion – a person convicted to death was nailed on the cross with both hands
andd feet to add ignominy to his agony and humiliation. He was crowned with the
specter of spines of vines in his head. Then the Roman pears were thrusts to his flesh
body and died of asphyxiation.
3. Burning at Stake – form of execution wherein the convict ids tied in pole and then
set on fire alive.
4. Pillory is a wooden frame with three curved holes in it (two for the left and right
wrists and the middle curved hole is for the neck) and mounted on the post upon
platform condemned man is left to die at the mercy of unfriendly weather. Other
similar form with holes for the offender’s feet is called a Stock.
6. Guillotine – a device for cutting-off people’s head developed in 1972 by Dr. Joseph
Ignacio Guillotin, a member of the French National Assembly, he proposed that all
executions must be uniform and painless.
7. Gas Chamber – invented after World War I by a medical Corp’s Officer of the US
Army as an alternative to electric chair. In medical term, the convict will die from
HYPOXIA which means death due to the cutting-off of oxygen in the brain.
Duration of Penalties:
1. Death Penalty – Capital Punishment
2. Life Imprisonment – Life time imprisonment for SPL
3. Reclusion Perpetua – 20 years and 1 day up to 40 years
4. Reclusion Temporal – 12 years and 1 day up to 20 years
5. Prision Mayor – 6 years and 1 day up to 12 years
6. Prision Correctional – 6 months and 1 day up to 6 years
7. Arresto Mayor – 1 month and 1 day up to 6 months
8. Arresto Menor – 1 day to 30 days
9. Bond to keep the Peace – discretional on the part of the court.
Purposes/Justifications of Punishment
1. Retribution (Personal Vengeance/Revenge) – the punishment should be provided
by the state whose sanction is violated, to afford the society or the individual the
opportunity of imposing upon the offender suitable punishment as might be enforced.
Offenders should be punished because they deserve it.
2. Expiation or Atonement – punishment in a form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what
would happen to them if they violate the law. Punishment is imposed to warn
potential offenders that they cannot afford to do what the offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has
being held in conditions where he cannot harm others especially the public.
Punishment is effected by placing offenders in prison so that society will be ensured
from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and
responsibility of the offender. Society’s interest can be better served by helping the
prisoner to become law abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of rehabilitation in prison.
1. William Penn (1614-1718) – he fought for religious freedom and individual rights.
He is the first leader to prescribe imprisonment as correctional treatment for major
offenders. He is also responsible for the abolition of death penalty and torture as a
form of punishment.
2. Charles Montesiquieu (Charles Louis Secondat Baron de la Brede et de
Montesiquieu) (1689-1755) – a French historian and philosopher who analyzed law as
an expression of justice. He believe that harsh punishment would undermine morality
and that appealing to moral sentiments as a better means of preventing crime.
3. Voltaire (Francois Marie Arouet) (1694-1778) – he was the most versatile of all
philosophers during this period. He believes that fear of shame was a deterrent to
crime. He fought the legality-sanctioned practice of torture.
4. Cesare Beccaria (Cesare Bonesa Marchese de Beccaria) (1738-1794) – he wrote an
essay entitled”An Essay on Crimes and Punishment”, the most exiting essay on law
during this century. It presented the humanistic goal of law. “Let the Punishment Fit
the Crime”.
5. Jeremy Bentham (1748-1832) – 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. He
proposed the philosophy of Utilitarianism. He also advocated the imaginary
mathematical formula of Felicific Calculus. He is the one who devise the ultimate
Panopticon Prison.
Panopticon Prison – a prison that consists of a large circular building containing multi
cells around the periphery. It was never built. - Panopticon – to see everything or to
observe
6. John Howard (1726-1790) – the sheriff of Bedsfordshire in 1773 who devoted his
life and fortune to prison reform. He is the Father of Prison Reform in the World,
Great Prison reformer, A Philanthropist and the first English Prison Reformer. After
his findings on English Prisons, he recommended the following:
Single Cells for Sleeping , Segregation of Women , Segregation of Youth
Provision of Sanitation Facilities Abolition of Fee System by which jailers obtained
money from prisoners.
6. Elam Lynds – warden of the Auburn and later of Sing-Sing (which he built), was
one of the most influential persons in the development of early prison discipline in
America. He is described as having been a strict disciplinarian who believes that all
convicts were cowards who could not be reformed until their spirit was broken. To
this end he devised a system of brutal punishments and degrading procedures, many
of which remained as accepted practice until very recent times.
7. Jean Jacques Villain – Father of Penitentiary Science. He pioneered classification
to separate women and children from hardened criminals.
8. James V. Bennett – Director of Federal Bureau of Prisons. He wrote about the
closing of Alcatraz Prison and built the Federal Correctional Institution in Seagoville
Texas.
9. Elizabeth Fry – An English reformer sometimes referred to as the “Angel of
Prison” because of her driving force behind new legislation to treat prisoners
humanely.
1. Auburn Prison System – the prison system called the “Congregate System” / Group
System. The prisoners are confined in their own cells during the night and congregate
work in shops during the day. Complete silence was enforced. Hard Wood Shops –
place where prisoners do their labor
2. Pennsylvania Prison System – the prison system called “Solitary System” / Silent
System / Separate System. Prisoners are confined in single cells day and night where
they lived, they slept, and they ate, and receive religious instructions. Complete
silence was also enforced. They are required to read the Bible. – In 1934, the League
of Nations adopted the Standard Minimum Rules for the Treatment of Prisoners,
drafted by the IPCC. The League requested all governments to give the greatest
possible publicity to the Rules; to take the necessary measures in order that they might
be observed; and to submit regular reports regarding their application and regarding
the prison reforms achieved in the respective countries.
Prison
A Penitentiary, an institution for the imprisonment (incarceration) of persons
convicted of major/serious crimes.
A building, usually with cells, or other places established for the purpose of taking
safe custody or confinement of criminals.
A place of confinement for those charged with or convicted of offenses against the
laws of the land. A public building or other place for the confinement of person,
whether as a punishment imposed by the law or otherwise in the course of the
administration of justice.
(As defined in the Bureau of Corrections Operating Manual) it also refers to a penal
establishment under the control of the Bureau of Corrections and shall include the
New Bilibid Prison, the Correction Institution for Women, Leyte Regional Prison, and
the Davao, San Ramon, Sablayan, and Iwahig Prison and Penal Farm.
Who are a Prisoner / Inmate? Prisoner A prisoner is a person who is under the custody
of lawful authority.
Inmate
(Brief Definition) either a prisoner or detainee confined in jail. (As defined in the
Bureau of Corrections Operating Manual) refers to a national prisoner or one
sentenced by the court to serve a maximum term of imprisonment or more than three
years or to a fine of more than one thousand pesos or regardless of the length of the
sentence imposed by the court, to one sentenced for violation of the Customs Law or
other laws within the jurisdiction of the Bureau of Customs of enforceable by it, or
violation of immigration and election laws; or to one sentenced to serve two or more
prison sentences in the aggregate exceeding the period of three years, whether or not
he has appealed, it shall include a person committed to the Bureau by a court or
competent authority for safekeeping or similar purpose. Unless otherwise indicated,
“inmate” shall also refer to a “detainee”
2. Sentenced Prisoners – offenders who are committed to the jail or prison in order to
serve their sentence after final conviction by a competent court. They are prisoners
under the jurisdiction of penal institutions.
Safekeeping – the temporary custody of a person for his own protection, safety, or
care, and/or his security from harm, injury or danger for the liability he has
committed.
NOTA BENE:
Provincial Jail (1910) – under the office of the Governor. Where the imposable
penalty for the crime committed is more than six months but not more than three
years and the same was committed within the municipality, the offender must serve
his or her sentence in the Provincial Jail. Where the penalty exceeds three years, the
offender shall serve his or her sentence in the penal institutions of the Bureau of
Corrections.
3. City Prisoners – those sentenced to suffer a term of imprisonment from one day to
three years or a fine of not more than one thousand pesos or both. Those detained
therein whose cases are filed the MTC. Those detained therein whose cases are
cognizable by the RTC and under Preliminary Investigation. Those ‘confined in
Municipal Jails to serve an imprisonment from one day to six months. Those detained
therein whose trials of their cases are pending with the MTC.
The word prison was derived from the Greco-Roman word PRESIDIO PRE means
BEFORE and SIDIO means INSIDE. It is synonymous to a fenced-cave or dungeon.
The Philippine Prison System The Philippine prison system is patterned after the
Federal Bureau of Prisons of the United States. It is a Bureau within the Department
of Justice.
Bureau of Corrections Bureau of Prisons was created under the Reorganization Act of
1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of
Commerce and Police.
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292
(Administrative Code) passed during the Cory Aquino Administration; States that the
head of the Bureau of Corrections is the Director of Prisons who is appointed by the
President of the Philippines with the Commission of Appointments.
RA 10575 – also known as the “Act of Strengthening the Bureau of Corrections and
Providing Funds Therefore” also known as the BUCOR Law of 2013. The Bureau of
Corrections has general supervision and control of all seven national / insular prisons /
penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined
therein or committed to the custody of the Bureau.
BP 28 – law that change the name penal colony to penal farm. The Seven Operating
Correctional Facilities in the Philippines Prior to the establishment of Bilibid Prison,
prisoners were confined in jails under the jurisdiction of Commandancias where law
enforcement units were stationed. Commandancias were established in practically
every province of the country.
1. Bilibid Prisons a. Old Bilibid Prison (Carcel y Presidio Correctional) – the main
insular penitentiary during the Spanish regime. This was constructed in 1847 and was
formally inaugurated in 1865 by virtue of the Royal Decree of the Spanish Crown.
This is located at Azcaraga St. (now Recto Avenue) then famous “May Halique
Estate” at nearby Central Market at Oroquieta St. This was constructed in radical
spokes-of-a-wheel from with tower in the center spoke for easy command and control.
Commonwealth Act No. 67 was enacted, appropriating one million pesos for the
construction of a new National Prison in the Southern suburb of Muntinlupa, Rizal in
1935. The old prison was transformed into a receiving center and a storage facility for
farm produce from the colonies.
In 1936, the City of Manila exchanged its Muntinlupa property with that of the
Bureau of Prison lot, the Muntinlupa property was intended as a site for Boys
Training School, but because it was too far, the City preferred the site of the Old
Bilibid Prison, the present site of Manila City Jail (BJMP)
B.New Bilibid Prison, Muntinlupa City (Approximately 552 Hectares) – this is where
the Bureau of Corrections Central Office. The New Bilibid Prison has a capacity of
3,000 Prisoners. Within the complex are the three security camps assisted by as
Assistant Superintendent in each Camp.
I. Maximum Security Compound (Main Building) – for prisoners whose sentence are
20 years and above, life termers of those under capital punishment, those with
pending cases, those under disciplinary punishment, those whose cases are on appeal,
those under detention, and those that do not fall under medium and minimum security
status. – Wears tangerine shirt – Not allowed to do furlough – This type of institution
is characterized by thick all enclosure, 18 to 25 feet high. On top of the wall are
catwalks along which the guards patrol at night. At corners and strategic places are
tower posts manned by heavily armed guards.
II. Medium Security Compound (Camp Sampaguita) – for prisoners whose sentences
are below 20 years (computed from the minimum sentences per classification
interpretation) and those classified for colony assignment. – This type of institution is
usually enclosed by two layers of wire fence. The inner fence is 12 to 14 feet high
with curb and the outer fence is 8 to 12 feet high. The two fences are form 18 to 20
feet apart. Usually the top portion of the fence is provided with barbed wire.
III. Minimum Security Compound (Camp Bukang Liwayway) – an open camp with
less restrictions and regimentation. This is for prisoners who are 65 years old and
above, medically certified as invalids and for those prisoners who have six months or
less to serve before they are released from prison.
- The Lethal Injection Chamber is also located here. This type of institution is
usually without a fence and if there is one, its purpose is to keep away the civilian
population from entering the institution rather than preventing escapes.
– The New Bilibid Prison specializes in the industrial type of vocational training. It
operates a furniture shop, shoe repairing shop, blacksmith and tinsmith shop, auto
mechanics and automobile body building shop, tailoring, electronics, watch-
repairing, carpentry, and rattan furniture shop. It is also engaged in track gardening,
poultry, piggery and animal husbandry.
2. San Ramon Prison and Penal Farm Founded by Captain Ramon Blanco in
Zamboanga del Sur, a member of the Spanish Royal Army and named the prison
facility after his patron saint. This was initially intended for the confinement of
Political Prisoners during Spanish era. It was closed during the Spanish-American
War and was reopened during the American occupation. It has three facilities
(Maximum, Medium, and Minimum). The penal farm was designed to promote agro-
industrial activities.
On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City were
established to confine Muslim rebels and recalcitrant political prisoners opposed to
the Spanish rule. The facility which faced the Jolo Sea had Spanish inspired
dormitories and was originally set on a 1,414 hectares sprawling estate. Land Area:
currently approximately 1,546 hectares Principal Product: Copra, Rice, Coffee Year
Established: 1869-1870
2nd Oldest Prison after OBP San Ramon has an average population of 1,200
prisoners
3. Iwahig Prison and Penal Farm (Luhit), Puerto Prinsesa, Palawan The Americans
established in 1904 the Luhit Penal Settlement (now Iwahig Prison and Penal Farm)
on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000
hectares in the late 1950. Located in the westernmost part of the archipelago far from
the main town to confine incorrigibles with little hope of rehabilitation, the area was
expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor
Newton Gilbert on October 15, 1912.
Date established: November 16, 1905 By Virtue of: reorganization Act of 1407 Land
Area: Approximately 36,000 hectares – 41,007 (1912) Principal Products: Rice, Corn,
Copra and Other Forest Product
4. Correctional Institution for Women, Mandaluyong City The only female institution
in the Philippines. Since 1934, a female Superintendent was assigned to supervise the
prison facility. Located at Welfare Ville Mandaluyong City Year
Established: 1931 By Virtue of: Act 3579 which was passed on November 27, 1929
Vocational Activities: Dress Making, Beauty Culture, Handicrafts
Capacity: 200
Trivia: First Women’s Prison – opened in Indiana 1873, based on the reformatory
model.
5. Leyte Regional Prison, Abuyog, Southern Leyte Date Established: January 16,
1973 Under Proclamation No. 1101 It is a prison facility, which has a receiving and
process station It has three security facilities (Maximum, Medium, and Minimum)
Because of its terrain, prison agro-industrial activities could not be fully developed.
Youngest Prison Built during Martial Law – Ferdinand Marcos
Fastest growing prison Max. Capacity – 500 prisoners
6. Sablayan Prison and Penal Farm, Sablayan, San Jose, Mindoro Occidental With
four Sub-Colonies within the prison compound:
I. Central Sub-Colony
II. Pusog Sub-Colony
III. Pasugui Sub-Colony
IV. Yapag Sub-Colony
7. Davao Prison and Penal Farm, Tagum, Davao del Norte The Davao Penal Colony
was established on January 21, 1932, in accordance with Act No. 3732 and
Problamation No. 414, series of 1931.
Administer the Tanglaw Settlement for those inmates who desire to live within the
compound 30,000 hectares
First Headed by: General Paulino Santos Richest and Highest Income Earner Biggest
Banana and Abaca Plantation
2. Corregidor Prison In 1908 during the American regime, some 100 prisoners were
transferred from the Old Bilibid Prison to Corregidor Island to work under military
authorities. This move was in accordance with an order from the Department of
Instructions, which approved the transfer of inmates so they could assist in
maintenance and other operations in the stockade.
3. Bontoc Prison The Philippine Legislature during the American regime passed Act
No. 1876 providing for the establishment of a prison in Bontoc in Mountain Province.
The prison was built for the prisoners of the province and insular prisoners who were
members of the Non-Christian Tribes of Mountain Province and Nueva Vizcaya.
Admission Procedures in Prison
1. Receiving – the new prisoner is received at the RDC. The new prisoner usually
comes from a provincial or city jail where he was immediately committed upon
conviction by the court, and escorted by the escort platoon during his transfer to the
National Prison.
4. Searching /Shakedown – this step involves the frisking of the prisoner and
searching his personal things. Weapons and other items classified as contraband are
confiscated and deposited to the property custodian. Other properties are deposited
with the trust fund officer under recording and receipts.
a. Pat – patting of subjects clothing
b. Rub – patting of body over the clothing including the groin, buttocks, and breast
c. Strip – naked search
d. Body Cavity Search – expose body cavities like Anus and Vagina to look for
contrabands
5. Briefing and Orientation – the prisoner will be brief and oriented on the rules and
regulations of the prison before he will be assigned to the RDC of the Quarantine
Unit.
6. Issuance of Clothes and Equipment – from the receiving office, the new prisoner
goes to the supply room where he receives his prison uniform, mosquito net, and
beddings.
7. Assignment to Quarters – after the prisoner is issued his clothing’s and beddings,
he is sent to the quarantine unit. The quarantine may be a unit of the prison or a
secation of the Reception Center.
The Quarantine Cell or Unit This may be a unit of the prison or a section of the RDC
where the prisoner is given thorough physical examination including blood test, X-
rays, vaccinations, and immunity for 5 to 10 days. This is for the purpose of insuring
that the prisoner is not suffering from any cantagious disease, which might be
transferred to the prison population.
What is Jail? Jail is a place foe locking-up of persons who are convicted of minor
offenses or felonies that are to serve a short sentence imposed upon them by a
competent court, or for confinement of persons who are awaiting trial or investigation
of their cases.
Origin of the Word Jail It is said to have been derived from the Spanish word
JAULO / CAULA which means CAGE. It is also said to have been derived from the
French word GAOL pronounced as “geole”, a place for the arrested criminals.
Types of Jails:
1. Lock-up Jails – a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – the type of jail commonly used to detain a convicted criminal
offender to serve sentence less than three years.
The enactment of Republic Act No. 6975 created the BJMP and further amended by
RA 9263 of the BFP and BJMP Professionalization Act of 2004.
It operates as a line Bureau under the Department of the Interior and Local
Government (DILG). J/DIR. CHARLES MONDEJAR – the first chief of the BJMP
way back its establishment.
Vision A premier institution highly regarded by society for the secure and humane
treatment of Persons Deprived of Liberty (PDL) by its competent and motivated
corps. Objectives:
1. To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their
eventual reintegration into the mainstream of society upon their release.
3. To professionalize jail services.
A. Powers The Bureau shall exercise supervision and control over all districts, city,
and municipal jails to ensure a secured, clean, sanitary, and adequately equipped jail
for the custody and safekeeping of city and municipal prisoners, any fugitive from
justice or persons detained awaiting investigation or trial and/or transfer to the
National Penitentiary, and any violent, mentally ill person who endangers himself or
the safety of others.
B. Organization and Key Positions in the BJMP The BJMP, also referred to as the Jail
Bureau, was created pursuant to Section 60, RA No. 6975, and initially consisting of
uniformed officers and members of the Jail Management and Penology service as
constituted under PD No. 765.
The Bureau shall be headed by a Chief with the rank of Director, and assisted by a
Deputy Chief with the rank of Chief Superintendent.
The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3
Command Groups, 6 Coordinating Staff Divisions, 6 Staff Groups and 6 Personal
Staff Groups namely:
1. Command Groups
Chief, BJMP (Director Rank)
Deputy C/BJMP (Admin and Operation)
Chief of Directorial Staff
2. Coordinating Staff Groups
Administrative Division
Operations Division
Logistics Division – Equipment
Finance Management Division – Comptrollership
Research Plans and Investigation Division
At the Regional Level, each region shall have a designated Regional Director for Jail
Management and Penology.
Provincial Level In the Provincial Level, there shall be designated a Provincial Jail
Administrator to perform the same functions as the ARD’s province wide.
District Office In the District Level, where there are large cities and municipalities, a
district jail with subordinate jails headed by a District Warden may be established
necessary.
City and Municipal Office In the City and Municipal level, a City or Municipal
Warden shall head each jail.
Functions of a Jail Warden or Prison on Superintendent
1. Decision Making – important in the prison setting the warden limits his role to
considering policy matters and major problems. He delegates with confidence, to
well- trained subordinate executives sufficient authority for management of daily
operations in line with established policy.
2. Control Prison Operations and Activities – it has always been important that the
program and policy are carried out and avoid mismanagement by incompetent
personnel or by individual or group of inmates getting into positions of power. The
warden depends more on sound organizational planning, written manual policies and
procedures, and an effective communications system than controlling operations by
constant personnel inspection of all areas and frequent contact with all personnel and
a large number of inmates.
3. Public Relation – the warden today provides leadership to involve all personnel in a
program aimed at gaining public understanding, goodwill and community acceptance.
4. Personnel Program – it is the warden’s responsibility to provide leadership and
assign responsibility for recruitment, selection, training, and supervision of personnel.
5. Executive Leadership – must be constantly demonstrated by the administrative
head. He must offer leadership and motivation to his staff in his personal drive,
knowledge, and sincerity of purpose and must tie together all programs of discipline
in cementing a meaningful administrative course
The BFP and the BJMP shall be respectively headed by a Chief who shall be assisted
by two deputy chiefs, one for administration and one for operations, all of whom shall
be appointed by the President upon recommendation of the Secretary of the DILG
from among the qualified officers with at least the rank of Senior Superintendent in
the service (RA 92633 Sec. 3)
NOTE: All uniformed personnel of the BJMP shall be trained in the National Jail
Training Institute under the Philippine Public Safety College (PPSC-NJTI) Duties and
Responsibilities
a. Warden Director, Coordinator, and Control of the Jail Responsible for the:
Security, Safety, Discipline, and well-being of Inmates The office of the Warden may
organize the following Units:
Public Relation Office – Maintain public relation to obtain the necessary and adequate
public support.
b. Assistant Warden The office of the Assistant Warden undertakes the development
of a systematic process of treatment. Chairman of the Classification Board and
Disciplinary Board.
NOTE: Once the inmate has undergone the registration process; he/she willl be
temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in jails
where it is available. The inmate shall stay at the ICCU for a minimum period of 30
days but not exceeding 60 days or until the completion of the classification process.
At the ICCU, the newly committed inmate will undergo assessment by the different
health professionals.
2. Records and Statistics Branch Keep and maintain record sheets and arrest reports
Keep an orderly record of fingerprints and photographs Present / Prepare
statistical data of inmates
3. Property and Supply Branch Take charge of the safekeeping of equipment and
supplies and materials needed for the operation of the jail
4. Budget and Finance Branch Take charge of all finance matters such as
budgeting, financing, accounting, and auditing.
5. Mess Service Branch Take charge of the preparation of the daily menu prepares
and cook the food and serve it to inmates
6. General Service Branch Responsible for the maintenance and repair of jail
facilities and equipment. It is also task with the cleanliness and beautification of the
jail compound.
7. Mittimus Computing Branch Tasked to receive court decisions and compute the
date of the full completion of the service of sentence of inmates.
c. Security Groups The security groups provides a system of sound custody, security,
and control of inmates and their movements and also responsible to enforce prison or
jail discipline.
1. Escort Platoon
a. Escort Section – to escort inmate upon of any judicial body; upon summon of a
court; or transfer to other penal institutions.
Ratio of 1:2 (one inmate : two jail officers)
2. Security Platoon – a three working platoon shifts responsible for overall security of
the jail compound including gates, guard posts and towers. They are also responsible
for the admitting and releasing unit.
Jail Manning Level
1. Custodial Ratio – 1 personnel for every 7 inmates
2. Court Room Ratio – 2 personnel for every 1 inmate
3. Escort Ratio – 1 personnel for every 1 inmate plus one personnel for high risk
inmate
4. Long Distance Travel – minimum of 3 personnel 5. Reformation Officer Ration – 1
personnel to 24 inmates
4. Grave Offenses
a. Making untruthful statements or lies in any official communication, transaction, or
investigation;
b. Keeping or concealing keys locks of places in the jail which are off-limits to
inmates;
c. Giving gifts, selling, or bartering with jail personnel;
d. Keeping in his/her possession money, jewelry, cellular phones or other
communication devices and other items classified as contraband under the rules;
e. Tattooing others or allowing him/her to be tattooed on any part of the body, or
keeping any paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from fellow inmates and visitors;
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;
i. Making, improvising or keeping any kind of deadly weapon;
j. Counseling or withholding information on plans of attempted escapes;
k. Unruly conduct and flagrant disregard for discipline and instructions;
l. Escaping, attempting or planning to escape from the institution or from any guard;
m. m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating therein and/or agitating to cause
such disturbance or riot;
o. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing
himself/herself to be the subject of such indecent, immoral, lascivious acts;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. Participating in kangaroo court, an unauthorized or irregular court conducted with
disregard for or perversion of legal procedures as a mock court by the inmates in a
jail/prison;
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or
to segregate themselves from others;
u. Failing to inform the authorities concerned when afflicted with any communicable
disease, such as tuberculosis, sexually-transmitted diseases, etc.;
v. Engaging in gambling or any game of change; w. Committing any act which
violates any law or ordinance, in which, he/she shall be prosecuted criminally in
accordance with the law; and
w. Committing any act prejudicial to good order and discipline. Any personnel,
especially warden, found to be allowing and tolerating any violation mentioned above
will be immediately relieved from his/her designation without prejudice to his or her
being administratively charged.
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 48 hours from the
date of receipt of the case.
Disciplinary Punishment in Jail / Prison
1. Counsel and Reprimand
2. Loss of Privileges
3. Loss of Good Conduct Time Allowance
4. Close Confinement
5. Reduced Diet
Types: 1. Lease System – the state turns the prisoners over to a private lease. The
latter feeds clothes, guards, and houses and disciplines the prisoners. This system
prevailed in the southern states of the United States. These systems no longer exist.
2.Contract System – the state, under this system, retains control of the prisoner and
the contractor merely engages with the state for the labor of the inmates, which is
performed within or near the prison. The contractor supplies the raw material and
supervises the work and pays the institution the stipulated amount for the services of
the prisoners. These systems no longer exist.
3. Price-Piece System – under this system the contractor supplies the raw materials
and pays the state a determined amount for the work done on each articles produced.
institution retains control of the inmates including the daily quantity of work required.
This system has also been abolished.
4. Public Account System – in the Public Account System, the state buys the raw
material, manufactures and sells the products and assumes all the risk of conducting a
manufacturing business. Today, prison-made products cannot be sold in the open
market.
5. State-Use System – under this system, the state conducts the manufacture of the
article but the use of the article is limited to state owned institutions. The principle of
the system is that the state produces articles or merchandise for its own consumption
alone and in the process affords the prisoner opportunities to train for a vocation.
6. Public Works and Ways System – Prison Labor is used in the construction and
repair of public buildings, roads, bridges, flood control, reforestation, clearing land,
preventing soil erosion, etc. the ,system does not involve the application of prison
labor to the production of consumption goods.
Modes and Guidelines of Release – the following modes and guidelines shall be
observed when inmates are to be released from detention.
a. An inmate may be released through:
Service of Sentence – released by director
Order of the Court – thru probation or acquaintance
Parole – by BPP
Pardon - released by the order of the President
Amnesty – released by the order of the President and Congress
The Court shall bear the full name of the inmate, the crime he/she was charged with,
the criminal case number and such other details that will enable the officer in charge
to properly identity the inmate to be released.
Upon proper verification from the court of the authenticity of the Order, an inmate
shall be released promptly and without unreasonable delay.
Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release.
The released inmate shall be issued a Certification of Discharge fron jail by the
Warden/Wardress or his/her authorized representative.
Pregnant women must be given special considerations and if ever that the child was
born, the said child will have to stay to his/her mother for not more than one year.
The United Nations Standard Minimum Rules for the treatment of offenders
prescribes that penal institution should not exceed 1,200 inmates. Smaller institutions
should however not be too small as to make operating cost too expensive.
Group 1 – anti riot assault with shields, head gear, gas mask, and baton to disperse the
rioters and leaders
Group 2 – back up team with tear gas and gas grenades
Group 3 – fire arms team use firearms with permission of the guard in charged
Salient Points on RA 10575 “BUCOR LAW OF 2013”
Classification of Dormitory
1. Type A Dormitory – above 500 inmate capacity and lot area of more than 1.5
hectares
2. Type B Dormitory – 101 to 500 inmate capacity and lot area of 1.5 hectares
3. Type C Dormitory – 1 to 100 inmate capacity and lot area of 3,000 aq. m.
Cell Capacity
1. Ideal habitable floor area per inmate = 4.7 sq. m.
2. Max. number of inmates per cell = 10
3. Max. number of bunks beds = 5 units two level
Key Positions The BUCOR shall be headed by a Director who shall be assisted by
three Deputy Director: 1 for Administration, 1 for Security and Operations, and 1 for
Reformation, all of whom shall be appointed by the President upon the
recommendation of the Secretary of the DOJ who shall have tenure of 6 years.
BuCor Officers Basic Qualification *All of the requirements asked by law is very
much the same of the PNP, BFP and BJMP but only differs in mandatory AGE
requirement which is 21 to 40 years old for the BuCor.