Chapter 1
Chapter 1
PENOLOGY
Scope of Penology
1. Penal Management
1
2. Rehabilitation
CORRECTION
Correction Administration
Correctional management
2
Correction and the CJS
Punishment
Exemptions of Punishments
3
In the Philippines, the state recognizes several circumstances in
which a person has transgressed the law would not suffer its consequences:
Minority of age Absence of intelligence Absence of freedom or action
Absence of negligence on the part of the accused.
Justifications of Punishment
Incapacitation
Retribution
Deterrence
rehabilitation
Ancient Codes
4
Mosaic Code – this is premised on the concept of retribution and
also carried restitution because it allows the offender and the
victim to come to a settlement and to have such settlement decided
by the legal authorities. It allows extreme punishment but accused
are entitled to such right as freedom from torture and admission of
guilt is admissible only when there is a confirmatory testimony
from at least one other witness.
Judas Cradle
Coffin Torture
5
The coffin was sometimes placed in a public plaza so the
local population would congregate around it and mock the unlucky
victim. Sometimes death occurred because of the hatred towards
the person as others often threw rocks and other objects to further
increase the pain.
The torturer turned the handle causing the ropes to pull the
victim's arms. Eventually, the victim's bones were dislocated with
a loud crack. If the torturer kept turning the handles, some of the
limbs were torn apart, usually the arms.
6
The Water Torture
Dunking
Drops of Water
The Cauldron
Exposure
There are many variants of the chair. They all have one
thing in common: spikes cover the back, arm-rests, seat, leg-rests
and foot-rests. The number of spikes in one of these chairs ranges
from 500 to 1,500.
8
The Pear of Anguish
9
A common variant of the breast ripper is often referred to
as "The Spider" which is a similar instrument attached to a wall.
The victim's breasts were fixed to the claws and the woman was
pulled by the turturer away from the wall; successfully removing
them.
Saw Torture
10
The Virgin of Nuremberg (The Maiden)
Garrotte Torture
The victim was tied to the instrument and his or her neck
forced inside the iron collar. With the handle that can be seen in
the picture, the executioner slowly crushed the victim's neck
causing death from asphyxia.
11
Flagellation (Whipping)
Foot Roasting
12
Burning at the Stake
Thumbscrew Torture
13
Flaying Torture
Lead Sprinkler
Knee Splitter
Pillory Torture
The Brank
Crocodile Shears
Toe Wedging
15
The Copper Boot
Boiling Water
Although it was more common for victims to be
Boiled Alive with the cauldron, torturers could fill the
boot with water and place some fire underneath, slowly
burning the victim's feet until the victim passed out, died,
or confessed.
Molten Metals
Although the boot would become unusable for
later victims, filling it with molten copper, lead or silver
was a common practice as it would produce third degree
burns and even cause intoxication.
Beat it
Another way to prolong pain was by repeatedly
beating the boot with a hammer. Although the legs would
not suffer lethal damage, the pain this incurred often made
the victim pass out.
The Pendulum
Lethal Injection
17
Saline solution is used to flush the IV between each dose.
Within a minute of two after the final dose is given, a doctor
declares the prisoner dead. The body is then sent to the coroner for
verification and sometimes an autopsy and is released to the
family for burial or is buried by the state.
Electric Chair
Gas Chamber
Filipinos have mixed opinions about the death penalty, with many
opposing it on religious and humanitarian grounds, while others advocate
it as a way of deterring crimes.
1946 to 1986
Abolition
On April 15, 2006, the sentences of 1,230 death row inmates were
commuted to life imprisonment, in what Amnesty International believes to
be the "largest ever commutation of death sentences".[3] Capital
punishment was re-abolished via Republic Act No. 9346, which was
signed by President Gloria Macapagal-Arroyo on June 24, 2006. The bill
followed a vote held in Congress earlier that same month which
overwhelmingly supported the abolition of the practice.[4] The penalties of
life imprisonment and reclusion perpetua (indeterminate sentence, 30-year
minimum) replaced the death penalty.[5] Critics of Arroyo's initiative called
it a political move meant to placate the Catholic Church, some sectors of
which were increasing in opposition to her administration.
Aftermath
Methods
The Philippines was the only country except the United States
which used the electric chair (1926–1976). After reintroduction of the
death penalty in 1993, the country switched to lethal injection.
21
History of Penology in Europe
Pope Leo I – The first Pope who fully express approval for killing
and reigned for more than two decades from the year 440A.D.
22
Jails or Gaols – the use of imprisonment as punishment for an
increasing number of crimes began in the 14th and 15th centuries
were prisoners had to pay for accommodations, food and the cost
of administration and security.
Improving conditions
Prison design
23
Early American Penitentiary
Sing Sing Prison – was the third prison built by New York
State. It became famous or rather infamous because of the Sing Sing
bath, this shower bath was a gadget so constructed as to drop a volume
of water on the head of a locked naked offender.
“Congregate system”
hard labor in shops-day
solitary confinement-night
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strict discipline
rule of silence
Reform through
good work habits
discipline
Model for US-economical
The first prison built according to the separate system was the
Eastern State Penitentiary in 1829 in Philadelphia, Pennsylvania in
the United States. Its design was later copied by more than 300 prisons
worldwide.
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Chapter II
Article I
You shall not kill, neither shall you steal, neither shall you do
harm to the aged, lest you incur the danger of death. All those who infringe
this order shall be condemned to death by being drowned in the river, or in
boiling water.
Article II
You shall obey. Let all your debts with the headman be met
punctually. He who does not obey shall receive for the first time one
hundred lashes. If the debt is large, he shall be condemned to thrust his
hand in boiling water thrice. For the second time, he shall be beaten to
death.
Article III
Obey you: let no one have women that are very young nor more
than he can support; nor be given to excessive lust. He who does not
comply with, obey, and observe this order shall be condemned to swim for
three hours for the first time and for the second time, to be beaten to death
with sharp thorns.
Article IV
Observe and obey; let no one disturb the quiet of the graves. When
passing by the caves and trees where they are, give respect to them. He
who does not observe this shall be killed by ants, or beaten to death with
thorns.
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Article V
You shall obey; he who exchanges for food, let it be always done
in accordance with his word. He who does not comply, shall be beaten for
one hour, he who repeats the offense shall be exposed for one day among
ants.
Article VI
You shall be obliged to revere sights that are held in respect, such
as those of trees of recognized worth and other sights. He who fails to
comply shall pay with one month's work in gold or in honey.
Article VII
These shall be put to death; he who kills trees of venerable
appearance; who shoot arrows at night at old men and women; he who
enters the houses of the headmen without permission; he who kills a shark
or a streaked cayman.
Article VIII
Slavery for a doam (a certain period of time) shall be suffered by
those who steal away the women of the headmen; by him who keep ill-
tempered dogs that bite the headmen; by him who burns the fields of
another.
Article IX
All these shall be beaten for two days: who sing while traveling by
night; kill the Manaul; tear the documents belonging to the headmen; are
malicious liars; or who mock the dead.
Article X
It is decreed an obligation; that every mother teach secretly to her
daughters matters pertaining to lust and prepare them for womanhood; let
not men be cruel nor punish their women when they catch them in the act
of adultery. Whoever shall disobey shall be killed by being cut to pieces
and thrown to the caymans.
Article XI
These shall be burned: who by their strength or cunning have
mocked at and escaped punishment or who have killed young boys; or try
to steal away the women of the elders.
Article XII
These shall be drowned: all who interfere with their superiors, or
their owners or masters; all those who abuse themselves through their lust;
those who destroy their anitos (religious icons) by breaking them or
throwing them down.
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Article XIII
All these shall be exposed to ants for half a day: who kill black
cats during a new moon; or steal anything from the chiefs or agorangs,
however small the object may be.
Article XIV
These shall be made slave for life: who have beautiful daughters
and deny them to the sons of chiefs, and with bad faith hide them away.
Article XV
Concerning beliefs and traditions; these shall be beaten: who eat
the diseased flesh of beasts which they hold in respect, or the herb which
they consider good, who wound or kill the young of the Manaul, or the
white monkey.
Article XVI
The fingers shall be cut-off: of all those who break anitos of wood
and clay in their alangans and temples; of those who destroy the daggers
of the catalonans(priest/priestess), or break the drinking jars of the latter.
Article XVII
These shall be killed: who profane sites where anitos are kept, and
sites where are buried the sacred things of their diwatas and headmen. He
who performs his necessities in those places shall be burned.
Article XVIII
Those who do not cause these rules to be obeyed: if they are
headmen, they shall be put to death by being stoned and crushed; and if
they are agorangs they shall be placed in rivers to be eaten by sharks and
caymans.
31
Correctional Facilities in the Philippines
Santa Lucia
Inagawan
Montible
Central
34
agricultural and rice is its main product which also supplies rice
needs of NBP.
The Provincial Jail System was first established in 1910 under the
American Regime. Every provinces of the country are mandated by the
American colonizers to establish their own provincial jails under their own
supervision and control.
BJMP
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Chapter 3
Approaches in Correction
BUREAU OF CORRECTIONS
36
The Department of Justice – under this are the Bureau of
Correction, Parole and Probation Administration, and the Board of
Pardons and Parole.
The Department of Interior and Local Government – under this is
the Bureau of Jail Management and Penology, which runs the city,
municipal and district jails; and the Provincial Jails under their
respective Provincial Government.
The Department of Social Welfare and Development – under this
is the child’s program bureau which oversees youth rehabilitation
centers.
ORGANIZATION
The agency has seven (7) operating units located nationwide, namely:
37
2. The Correctional Institution for Women (CIW) in Mandaluyong
City;
38
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.
39
2. Maximum Security
3. Medium Security
c. Those who are 18 years of age and below, regardless of the case
and his sentence.
40
e. First offender sentenced to life imprisonment. They may be
classified as medium security if they have serve five years in a
maximum security prison or less upon recommendation of the
superintendent.
4. Minimum Security
b. Those who are 65 years old and above with pending case and
whose convictions are not on appeal.
d. Those that have only six months more to serve before the
expiration of their sentence.
41
Types of Penal Institution According to Degree of Security
The housing units within the walls are of the interior cell block
types. Inmates confined in this type of institution are not allowed to work
outside the institutions but are assigned to industrial shop within the prison
compound.
42
Classification of Inmates according to Grade or Privilege
1. Detainee
2. Third Class Inmate- one who has been previously committed for
three or more times as a sentenced inmate
3. Second Class- a newly arrived inmate;
4. First Class- one whose character and credit for work is known;
5. Colonist - A first class inmate and has served one year
immediately preceding the completion of the following
qualifications:
Benefits of a Colonist
Information
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the offense he committed
1. Mittimus order
2. Decision
3. Information
8. Medical certificate
1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trial Courts
6. Board of Transportation
7. Deportation Board
8. Commission on Elections
9. National Prosecution Service
10. Police Authorities
11. All other administrative bodies as may be authorized by law.
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Chapter 4
Admission Procedures
1. Receiving;
5. Assignment to quarters
PSYCHIATRISTS
PSYCHOLOGISTS
SOCIOLOGISTS
EDUCATIONAL COUNSELOR
VOCATIONAL COUNSELOR
CHAPLAIN
MEDICAL OFFICER
CUSTODIAL CORRECTIONAL
45
Inmates accepted by the RDC will be studied and classified for the
formulation of an individualized treatment program designed to achieve
the most successful rehabilitation.
After quarantine, the inmate shall stay at the RDC for 55 days to undergo;
Psychological exam
Psychiatric exam
Sociological exam
Vocational exam
Educational exam
Religious exam
IQ test
He may bring his own clothes & other possessions that will not
compromise safety. Electronic equipment may be allowed on condition
that it will be shared with others. Unauthorized items: under custody of
guard & receipted to be returned upon release of the inmate. No
jewelleries or luxurious item is allowed.
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Rights of Inmates
48
3rd – 5th yrs – 8 days for each month of good behavior
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4. To practice his faith or religion
50
assistance from inmates. Action should be taken within 72 hours
from receipt of written request.
3. Obscene language,
7. Giving gifts,
9. Gambling,
1. Caution or reprimand;
52
If the above disciplinary measures prove ineffective, an obstinate
inmate may be confined in a disciplinary cell from 1-2 months depending
on the gravity of the offense. But this punishment can only be imposed if
the prison medical officer, after examination, certifies that the inmate is fit
to undergo said punishment or will not adversely affect the inmate’s
physical or mental health.
2. Corporal punishment
5. Forced labor
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Chapter 5
Reception Procedure
1. The jail desk officer shall carefully check the credentials of the
person bringing in the inmate to determine his/their identity and
authority.
2. He shall examine carefully 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 by section 3, rule xii, Rules of Court.
3. The admitting officer or jailer shall search carefully the inmate for
weapons and other contraband;
4. The admitting officer or jailer shall take all cash and other
personal property from the inmate or detainee, list them down on a
receipt from in duplicate, duly signed by him and countersigned
by the offender. To preclude any possibilities or allegations of
graft, these should be prepared in quintuplet and furnished the
Central Office, the Regional Office, Provincial Administrator’s
Office, the Jail and a copy of the inmate.
5. All cash and other valuables of the prisoner must be turned over to
the Trust Officer or Property Custodian for safekeeping covered
by official receipts.
6. The inmate shall then be fingerprinted and his photograph taken;
7. The admitting officer or jail officer shall accomplish a jail booking
report in four copies, attaching thereto the photograph of the
inmate to be distributed as follows:
a. BJMP central office
b. Regional Office
c. Provincial Administrator’s Office
d. Jail File
8. The newly admitted inmate shall be thoroughly strip-searched
followed by a careful examination of his clothing for contraband.
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9. The Jail Physician or the Local Health Officer shall immediately
conduct a thorough medical examination of the offender;
10. When it is not possible for the jail physician to be in attendance
during the admission of the inmate, the receiving officer shall
observe the mental alertness, over all appearance and any physical
abnormalities or appearance of rashes or scratches or other
identifying marks of the individual and note them down on the
inmate’s jail booking report.
11. A medical record shall be accomplished by the jail physician or
local health officer showing the condition of the inmate or
detainee at the time of admission.
12. A social case study shall be made by a social worker as a basis for
the inmate’s classification and proper segregation;
13. As soon as possible, the offender should be oriented on the jail
rules and regulations;
14. The Warden shall establish and maintain a prison record of all
inmates i.e.;
a. Inmate’s name and alias
b. Weight and height
c. Body marks or tattoos
d. Nationality
e. Previous occupation
f. Prior criminal convictions
g. Previous place of residence
h. Crime for which he was convicted
i. Sentencing court
j. His sentence and commencing date
k. Institutional behavior and conduct
l. Date received for confinement
15. Upon completion of the reception procedure, the inmate shall be
assigned to his quarters;
16. If available, the inmate should be issued all the materials that he
will be using during his confinement;
17. Detainee is presumed innocent and shall be treated as such. If
possible, he shall be segregated from convicted prisoners.
18. If the detainee agrees to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be asked to manifest
his “agreement” in writing. Otherwise, the Warden shall issue a
“certification” under oath to the effect that the detainee was
apprised of the provisions of article 29 of the revised penal code.
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19. A detainee who signs an “agreement” shall be treated as a
sentenced prisoner insofar as work and discipline are concerned.
20. A detainee who is covered by “certification” shall not be required
to work but he may be made to polish his cell and perform such
other work that is necessary for hygienic or sanitary reasons.
21. The Warden shall submit the “agreement” or “certification”, as the
case may be, to the proper court before the date set for the
arraignment of the detainee and the same shall from part of the
records of the case.
22. Full credit for the preventive imprisonment shall commence from
the date of the “agreement”.
Classification Board
Disciplinary Board
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perform the functions of the Board as Summary hearing Officer. The
Board is tasked to investigate the facts of the alleged misconduct referred
to it by the Warden. All cases referred to it shall be heard and decided
within 48 hours from the date of receipt of the case. It is authorized to
impose any of the following disciplinary punishment;
1. Reprimand;
2. Temporary or permanent cancellation of some or all recreational
privileges;
3. Cancellation of visiting privileges;
4. Extra-fatigue duty; and
5. Close confinement in a cell, which shall not exceed 7 days in any
calendar month, provided that this punishment shall be imposed
only in the case of incorrigible prisoner, when other disciplinary
measures had been proven ineffective.
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himself by his testimony and those of his witnesses to prove his
innocence.
6. After the hearing, the Board shall decide the case on the merits;
7. Whether the offender is found guilty or not, he should be advised
to obey the rules and regulations strictly and be reminded that the
good behavior is indispensable for his early release and/or
granting of privileges.
8. Decisions of the Board/Summary Disciplinary Officer is subject to
the review and approval by the Warden and other higher authority.
1. Female
a. The women’s quarters should be fully separated from
men’s quarter;
b. All handling and supervision of female
offenders/detainees must be done by female jail staff;
c. No male offender shall be allowed to enter the women’s
quarter; and
d. Only work suitable to their age and physical conditions
should be assigned to female offenders.
2. Drug addicts
a. They should be segregated especially during withdrawal
period;
b. Close supervision to prevent attempts of suicide;
c. No sedatives or stimulants shall be prescribed or
administered except by a physician;
d. Strict compliance to jail physician’s advice regarding diet
and other treatment measures;
e. Prompt search of his quarters.
3. Alcoholics
a. Separate from other offenders and maintain close
supervision to prevent suicide attempts;
b. Abnormal behavior should be reported to the jail
physician;
c. Close supervision to guard against smuggling of liquor.
4. Mentally-ill
a. Should be under close supervision of a physician;
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b. Should be placed in individual cells and special restraint
rooms for violent cases;
c. Close supervision to guard against suicide attempts or
violent attacks;
d. Transferred to mental institution for proper psychiatric
treatment.
5. Sex Deviants
a. Homosexuals should be segregated immediately to
prevent them from influencing other offenders to
abnormal behavior and;
b. Other sex deviants, likewise, should be separated from
other inmates fro closer supervision and control.
6. Escape-prone
a. Should be held in the most secured quarters, preferably in
single cells;
b. Closely supervised and observed during and after visiting
hours;
c. Quarters should be searched frequently and subject to
frequent strip-searches;
d. Telephone calls should be restricted and allowed only if
monitored on an extension.
7. Suicide-risk
a. Should be given close and constant supervision;
b. Subjected to frequent searches.
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c. A detention home in the province or city shall be
responsible fro his appearance in court whenever required.
Provided, that in the absence of any such center or agency,
the city or municipal jail shall provide quarters for CICL.
d. Whenever it is for the best interest of the community and
the effective rehabilitation of the child considering the
age, immaturity and gravity of the offense, situation of the
offender and other circumstances, the BJMP in
coordination with DSWD and the prosecutor’s office may
recommend to the court the release of the child on
recognizance to the custody of his parents or other suitable
person who shall be responsible for his appearance
whenever required.
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Chapter 6
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2. Inmates who are selected as member of the crew shall be housed
in a close proximity
3. At the sight of fire, an alarm should be sounded
4. All keys should be immediately distributed to personnel concerned
5. All inmates in affected areas should be required to help in putting
out the fire
6. Fire crew shall immediately respond to the fire scene
7. Conduct immediate evacuation of all affected equipment and
inmates
8. Evacuation should be in orderly manner
9. When the all-clear alarm is sounded, first aid shall be immediately
administered
10. All evacuated inmates shall be returned to the facility if it is still
intact
11. Thorough investigation relative to the fire shall be immediately
conducted
4. The control center shall take into consideration the readiness of all
communication lines.
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b. 2nd group – to serve as back-up force of the first
contingent
8. The second alarm shall be sounded when all efforts of the officers
in command had failed.
9. The first group is tasked in quelling the riots and getting the
leaders of the riot.
10. The second group shall not use riot gasses except on orders of the
officer in command.
12. When the condition becomes critical, the third alarm may be
sounded. And police assistance may be needed.
13. As a last resort to prevent mass jail break or serious assault upon
jail officers, the officer in command may direct the third group to
fire on selected targets.
14. Finally, after any such incident, the following steps should be
undertaken:
b. Conduct a headcount
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e. Conduct thorough investigation of the incident
f. Repair damages
Movement/Transfer of Prisoners/Detainees
65
Exceptions:
TREATMENT PROGRAMS
Cornerstone of Rehabilitation
Vocational Education
Physical Education
Educational Assignment
Maintenance Assignment
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Agricultural and Industrial Assignment
Religious services
Function of Chaplain:
Recreational Activity
Objectives:
67
Medical and Health services
Immunization
Sanitary inspections
Participation in training
Objectives of Counseling:
Objectives of Casework:
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REFERENCES
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