1

REVIEW NOTES
IN
CORRECTIONAL ADMINISTRATION

SJO1 DEVER D FANTILAGA JMP

(Criminologist)

PART 1

ORIGIN & HISTORY OF PENALTY OR PUNISHMENT

EXILE OR BANISHMENT- The first penalty ever imposed. This was imposed by god to evil rebels lead by
lucefer by throwing them out of the heaven. Second, when adam and eve broke the law of god, they were
thrown out from the garden of eden.

MARK OF CAIN- The “Mark of Cain” that God placed on the brow of cain was a punishment for killing his
brother Abel and this made him a wanderer in the face of death, as well as cursed his children for the crime he
committed.

GREAT FLOOD AND DISTRUCTIVE FIRE- Examples where God punished groups of people for gross
violating God’s law. This were the great flood which covered the biblical world, wherein it rained for forty (40)
days and nights, and only Noah, his family as well as the animals that were in the Ark survived and the
destruction of fire and brimstone at Sodom and Gomorrha.

LAW OF VENDITTA- Retribution, personal vengeance or revenge. This was the ancient justification of
punishment. Hence, a family whose member was murdered by a member of another family entitled a member of
the aggrieved family to kill the killer of their relative. This resulted to endless killing, which will destroy the
two warring families, clan or tribe.

HAMMURABIC CODE- The oldest written penal law that stopped the ancient practice of retribution or
personal vengeance, and punishment became the responsibility of the state. This was promulgated by the king
Hummurabi of Babylon (circa 1800 B.C.). It instituted the law of the talon (lex taliones), meaning the state will
out punishment equally, as an “eye for an eye or tooth for a tooth”.

CAPITAL PUNISHMENT IN PRIMITIVE SOCIETY- The most common punishment were death through
physical torture, mutilation, branding, flying, crucifixion, beheading, hanging, impaling, drowning and burning,
boiling in hot oil and by throwing to wild beast.

IRON MAIDEN- Was a hollow form shaped like a human and made of iron braced with iron strips used in
torturing suspect to admit the crime he committed. In this process, the more he denied, the more he will
sacrifice to death.

MILK AND HONEY- Mithridates, the Persian general was tortured to death in this way. He was encased in a
box from which his head, hands and feet protruded, forcibly feed with milk and honey, which was also smeared
to his face, and then exposed to the sun for seventeen days. Through this, he suffered a horrible condition until
he had been devoured alive by insect and vermin which swarmed about him and bred with him.

CAPITAL PUNISHMENT IN MODERN SOCIETY- The recent punishment commonly applied were lethal
injection, gas chamber, life sentence, imprisonment, electrocution, asphyxiation, shooting and beheading.
Electrocution was the first used at the Auburn State Prison in the New York State on August 6, 1890.

ROBERT CALDWELL- Author of the Book “ Criminology” described flogging as whipping the culprit with a
whip called “cat of nine tails” in a public plaza, while branding was burning with red hot iron the first letter of
his offense on his forehead or hand.

TRANSPORTATION- means the removal of the convict from his country to another, usually, a penal colony,
there to remain under some restraint for a prescribed period.

EVOLUTION OF CORRECTIONAL INSTITUTIONS

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ST. BRIDGET’ S WELL- also called as Bridewell, is the first house of correction constructed in England about
the year 1552. This was intended for locking up, employing and whipping beggars, prostitutes and night walkers
of all sorts.

GAOLS- are poorly constructed, unsanitary, damp, drafty or airless, gloomy dungeons, foul smelling places of
detention in England in early eighteen century. In this place, the inmates are poorly clothed, without privacy,
and the conditions so deplorable that diseases thrive.

PENITENTIARY ACT OF 1779- An act that mandated the establishment of a prison system based on solitary
confinement, hard labor and religious instruction. This ws authored by SIR WILLIAM BLACKSTONE.

JOHN HOWARD- is a grim and conscientious English Puritan who crusaded for a better and humane
treatment of prisoners, even risked his life in entering the terrible airless, gloomy gaols and dungeons.

HULKS- are old sailing ships that are no longer used for sea voyages or naval operations, but are anchored in
some English port, where they were used as prison or places of confinement of convicted criminals.

THE PANOPTICON – is a building plan made by Jeremy Bentham, a noted English exponent of the classical
school of criminology which called for a tank-like structure, covered by a glass roof. The cells were arranged
around a central apartment from which the custodians could keep all cells under closed supervision. This was
never built, inspite of a contract with the English authorities for its construction at state expense.

MILL BANK PENETENTIARY- was huge, gloomy and many towered prison, which looked like a thick-
spoke wheel, containing (3) miles of corridors and hundreds of cells. The cost was at the time (1812-1821) was
nearly two million five hundred (2,500,000,00) dollars. This was made possible due to the efforts and
revelations of the terrible conditions of English gaols by crusader John Howard.

SIR WALTER CROFTON- He introduced the Irish system. Under this system, the prisoner is meted out an
indeterminate sentence rather than fixed penalty. The provision of stages by means of which, the prisoner was
able to work his way for release by means of his own efforts. This philosophy was developed by Alexander
Maconochie, Superintendent in the penal colony at Norfolk Island who introduced the progressive system to
substitute corporal punishment. He introduced the ticket leave system which is now equivalent to parole.

IRISH SYSTEM- Also called the progressive system where the prisoner was on solitary confinement for 9
months with reduced diet and monotonous work. Later, the prisoners works for promotion thru series of grades.

IN ANANCIENT AMERICA-Prior to the revolution , the colonies were governed by barbaric penal codes
derived from England. William Penn’s colonies of pennsylvania was influenced greatly by the philosophy of the
society of friends or the quakers. No corporal punishment was resorted to and recognized no capital offense
except premeditated murder.

WALNUT STATE PRISON- Otherwise known as Walnut street jail is the first prison in the United States
which was constructed in Philadelphia. It established the principles of solitary confinement by the construction
of additional building which house the worst type of prisoners in separate cells. The long term prisoner ’s wing
of this jail was built with individual cells. Each inmate lived, worked, and ate in solitary confinement. During
confinement, prisoners were supposed to think about their offense and become penitent for their sins.

EASTERN STATE PENITENTIARY- The innovations introduced at Walnut Street Jail influenced prison
architecture and correctional philosophy in America. For example, Pennsylvania’s Eastern State Penitentiary,
built in the early 1800’s was arranged so that inmates would be completely isolated from each other. “Isolation
prisons” were eventually abandoned in the united states because they were expensive to build and difficult to
manage.

AUBURN STATE PRISON- this prison was inaugurated in 1819 in Auburn, New York, after the conditions at
Newgate Prison in New York, has become intolerable. The Auburn system is characterized by locking the
inmates in separate cells at night but worked together in enforced silence in congregate workshops during the
day.
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Another characteristic of the Auburn Prison, is that the builder for reason of economy, placed the cells in tiers
back to back within a hollow building, and the doors of the cells opening out upon galleries which were ten feet
from the outer wall.

SINGSING PRISON- It was also built by Warden Elan Byrd at the Hudson River in 1825. Most of the inmates
at auburn prison were transferred here.

NEW YORK HOUSE OF REFUGEE- The first juvenile reformatory which was opened in January 1825 and
located in New York City, its purpose was to protect children from degrading association with hardened
criminal in the country and state prison. Boston, founded its house of refuge in 1826 and Philadelphia in 1828.
New Orleans erected its Municipal Boys’ Reformatory in 1845 and Massachussettes in 1847.

MACONOCHIES’ MARK SYSTEM- The fundamental principle of this system is by reduction of sentences
vis-a vis proper deportment, labor and study. This was introduced by Captain Alexander Maconochie of the
English Royal Army.

ELMIRA REFORMATORY- A prison constructed like a typical Auburn System in New York which was
opened in 1876. This reformatory housed youthful offenders between 16-30 and were first offenders. Differing
from typical prison were features like Indeterminate Sentence and Prisoners could be released on Parole
depending on the his conduct and performances inside prison.

THE BORSTAL INSTITUTION – Exclusively for male offenders between 16-21 applying individualized
treatment.

THE TWO (2) LASTING CONTRIBUTIONS OF REFORMATORY PERIOD TO AMERICAN

PENOLOGY (1870-1900), WERE:

The introduction of the indeterminate sentence and parole;

The establishment of a positive reform program through education.

PRINCIPLES TO BE OBSERVED GOVERNING THE ADMINISTRATION OF

PRISONERS/DETAINEES IN THE PHILIPPINES.

It is the obligation of jail /prison to confine inmates safely and provide rehabilitative programs that will negate
criminal tendencies and restore their positive values to make them productive and law abiding citizen.

No procedure or system of correction shall deprive any inmates of hope for his ultimate return to the fold of the
law and full membership in society.

Until the guilt of the suspected offender has been establish in court, he should be considered innocent and his
right as a free citizen should be respected, except for such restraints as is indispensable for his confinement.

Inmates are human being entitled to the same basic rights enjoyed by the citizen in the free society, except the
exercise of these rights are limited or controlled for security reasons.

Health preservation and prompt treatment of illness or injury are basic rights of every persons confined in jail, it
is the duty of the jail authorities to arrange for their treatment subject to measures with their own expense.

The religious belief and moral not contrary to law, which inmates hold, must be respected.

Members of custodial force set themselves as example by performing their duties well to influence the inmates
to reform, obey and respect the law and the duly constituted authorities.

Jail personnel shall avoid the use of abusive and indecent language to the inmates particularly in the presence of
his family and fiends.

No. jail personnel shall use force except in legitimate self-defense or incase of active and passive physical
resistance to a lawful order.
No penalty shall be imposed upon any inmates for the violation of any existing rules and regulations except in
accordance with the duly approved and adopted disciplinary procedures.
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Penalties shall not be cruel, inhuman or degrading, and no corporal punishment shall be employed as
correctional measures.

observed the effective and efficient guarding in custodial, the ratio of 1:7 inmates and 1:1t1 in escorting.

members of custodial force must understand that the inmates need treatment and counseling and the primary
purpose of confinement is for reformation and rehabilitation.

PRESENT PHILIPPINE CORRECTIONAL SYSTEM

The Philippine correctional system has 2approaches namely: Institution and Non- Institution- Based Correction.

The Institution –Based Correction has 3 Levels – National, Provincial and Sub-Provincial, District and City
and Municipal Level while the Non-Institution or Community-Based Correction has Probation, Parole,
Conditional Pardon and Release on Recognizance (ROR)

INSTITUTIONAL BASED CORRECTION:

Presently, there are Executive Department that are involved in correction which supervises and controls the
numerous institutional facilities nationwide which provide incarceration and rehabilitation of offenders. These
are: Department of Justice, department of the Interior and local Government and Department of Social Welfare
and Development.

NATIONAL PRISON AND CORRECTIONAL INSTITUTIONS

The Bureau of corrections headed by a non-uniformed Director under the department of justice supervises and
controls the National prisons. These Facilities housed convicted offender whose prison terms range from 3
years, 1 day to life imprisonment and those sentence for capital punishment and waiting the final date of their
execution.

BUREAU OF CORRECTIONS:

Under the new Administrative Code of 1987, the Bureau of Correction shall be headed by a Director who shall
be assisted by 2 Assistant Directors, One for Administration and Rehabilitation and One for the Prison and
Security.

The Director and Assistant Directors of the bureau shall be appointed by the president upon the
recommendation of the secretary of justice.

BILIBID PRISON- the first prison ever constructed in the Philippines, by virtue of Royal Decrees by the king
of Spain.

Formerly, known as “ NATIONAL PENITENTIARY” is located in the city of manila. The construction was
started in 1847 and was inaugurated in 1865.

BILIBID PRISON served as national penitentiary up to November 1943, when transferred to Munitilupa for
exchange of property between the government of the City of Manila and the Bureau of Prisons.

Presently, this facility in name Manila City Jail under the stewardship of the Bureau of Jail Management and
Penology.

NEW BILIBID PRISON- the new Bilibid Prison is officially the “National Penitentiary ” as provided in the
Revised Penal Code (Art.84). Being the main prison, it receive all commitment of convicted offenders from all
parts of the country after being sentenced by the respective courts.
It houses most of the Maximum Security Prisoners. It has also 2 satellite Camps – The Bukang Liwayway
Camp (Minimum security Camp) housed prisoners which has 6 months or less to stay and they will be released.
Sampaguita (Medium security Camp) which housed prisoners sentenced to not more than 20 years.

SAN RAMON PRISON AND PENAL FARM- with an area of 1,524.6hectares, San Ramon Prison and Penal
Colony and Farm is located in Zamboanga City. It was established by the Spanish authorities for the purpose of
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housing prisoners from the Mindanao and Sulu sometime in 1869. The biggest source of income of the Bureau
of Correction came to this colony.

IWAHIG PENAL COLONY- this is a minimum security or open institution with an area of 36,000 hectares
which was established in 1904. This is located in Puerto Prencessa Palawan. The maincolony is at Sta Lucia sub
colony,with Inagawan, Montible and Central Sub-colony, is devided into 6 hectares homestead parcel lots, and
released to the inmates who wants to live in the settlement with his family will awarded to him.

CORRECTIONAL INSTITUTE FOR WOMEN- with the approval of Act. No. 3579, on November 27,
1929, the Correctional institute for Women also known as the Correctional Women institute was establish in
1931 on an 18 hectares parcel of land located at Nueve de Pebrero Street, Mandaluyong Metro, Manila.

DAVAO PENAL COLONY- the Davao Penal Colony with an area of 18, hectare is located at Pnabo, Tagum
and Kapulong towns, Davao del Norte. This was opened and established in January 21, 1932. The
Colonyhoused both medium and minimum security prisoners who work in the abacca and banana plantations
under armed
escort.

SABLAYAN PENAL FARM- with an area of 16,408.5 hectares, it is located in the Municipality of sablayan,
Occidental Mindoro was opened in 1954 by virtue of Proclamation No. 72.The rationale for its opening and
establishment was the overcrowding of the New Bilibid Prison.

LEYTE REGIONAL PRISON- Located in Abuyog, Leyte.

INMATE RECEPTION & EDUCATION CENTER – Formerly known as Inmate reception and Diagnostic
Center (RDC) situated inside the Sampaguita Camp. This was established by virtue of Administrative Order #
11 by the Secretary of Justice in 1953. This is a separate institution which serve as a place where scientific
diagnostic study and analysis of prisoner’s personal problem, criminal or non-criminal background, as well as
the possibilities of his rehabilitation by the team of experts, are studied, evaluated and the program of activities
he will follow when he is transferred to prison institution he is assigned in accordance with the classification he
is classified – whether as maximum, medium or minimum security prisoner.

PROVINCIAL AND SUB-PROVINCIAL JAIL- the provincial jail system was first established in 1910
under the American regime. Each of the 76 provinces has a provincial jail which is under the supervision and
control of its respective Provincial government and headed by a Provincial Jail Warden. To solve the problems
of congestion in the provincial jail, 21 provincial governments have constructed their respective sub-provincial
jails to house prisoners whose prison terms range from 6 months, 1 day to 3 years and the court detainees.

Under the local government code, the provincial jails were placed under the effective Jurisdiction of the
Department of the interior and local government (DILG).

DISTRICT, CITY AND MUNICIPAL JAIL- A District is composed of at least 5 adjacent municipal jails
which have an average monthly population of not less than 10 offenders and usually located near the courts. It
also admits offender from nearby congested jails.

CITY JAIL- house prisoners whose sentences range from 1 day to 3 years and other detainees awaiting judicial
disposition of their cases.

THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY- came into existence pursuant to Republic
Act # 6975, which took effect on January 2, 1991. Apparently, this upgraded version of its forerunner, the Office
of the Jail Management and Penology which was created as a special staff of the defunct PC/INP set-up on
January 16, 1976. As mandated by law, the BJMP shall operate under the DILG as a line Bureau, which exercise
jurisdiction over all City/District and Municipal jails nationwide to ensure a secured, clean and adequate
equipped and sanitary place for custody and safekeeping of offenders

DEFINITION OF TERMS:

CLASSIFICATION-is a method by which diagnosis treatment planning and execution of treatment are
coordinated in the individual case. It is a process for determining the needs and requirements if those for whom
correction has been ordered and for assigning them to program according to their needs and existing resources.
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COMMITMENT ORDER- a written order of the court or authority consigning prisoner/offender/inmates to

jail for confinement.

CONTRABAND- anything that enters a jail/prison in violation of its rules or which inmate is prohibited to
posses.

DETAINED OR DETENTION PRISONER/ DETAINEE- a person who is detained for the violation of law
or ordinance and has not yet convicted.

DETENTION CENTERS- a holding facility for juvenile offenders, aged, drug addicts and alcoholics.

CORPORAL PUNISHMENT- physical injury inflicted on the body of a person particularly on one convicted
of crime.

DEGREE OF CUSTODY - extent of strict keeping or charges for person in confinement.

CRUELTY- it is a wanton, malicious and unnecessary infliction of pain upon the body of feelings and
emotions.

DIAGNOSTIC TREATMENT- the process of treatment of a person after determining by examination or

study the nature and circumstances of his diseased condition. The decision reached from such an examination.

ESCAPE PRONE PRISONER- a prisoner having the natural inclination or tendency to evade custody against
the will of custodian or from the place where his lawful custody or confinement.

ESCAPE – an act of getting out unlawfully from confinement or custody by an inmate

ESCAPEE- refers to inmate who, by his act getting out unlawfully from confinement.

FUGITIVE FROM JUSTICE – is one who flees after conviction to avoid punishment, as well as one who,
after being charged, flees to avoid prosecution.

INSTRUMENT OF RESTRAINT- mechanical device or contrivance, tools or instrument used to hold back,
keep in check or under control. E.g. hand cuff and leg iron

GUIDANCE COUNSELING- to lead or direct in any course of action worthy to be followed, suggestions
given by a trained person to one considered in need of guidance.

INMATE – either a prisoner or detainee confined in jail

INMATE’ S COUNTING – is a part of institutional procedure that at specified time during each 24 hrs period,
all inmates are accounted for.

JAIL – a place of confinement for persons awaiting court action and the convicted offenders serving short
sentence.

LOCK-UP- a security facility operated by the police units for temporary detention of persons hold for
investigation.

METTIMUS- a warrant issued by the court bearing its seal and the signature of the judge, directing the jail
/prison authorities to receive the convicted offender for service of sentence.

PRISONER- a person confined in jail to serve a prison sentence after conviction by a competent court or
authority.

PENETINIARY – refers to a place where both crimes and sin could be atoned for penitence to produced
through labor, mediation and communion with god.
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PENALTY – is the suffering that is inflicted by the state for the violation of law. Penalty in general sense,
signifies pain. In the judicial sphere, a suffering undergone, because of the action of human society, by one who
commit crime.

PENOLOGY – a branch of criminology which deals with the management and administration of inmates.

SAFEKEEPING – the temporary custody of a person for his own protection or care from liability to harm,
injury or danger

REFORMATION- The act of restoring to a good condition, re-established in good reputation or accepted
responsibility, restore to a formal standing rank, right or privileges.

INSULAR PRISONER – a person who is sentenced to a prison term of more than 3 years or pay a fine of
more than 1 thousand pesos.

SENTENCED PRISONER – a person who is convicted by final judgment

CITY PRISONER – a person who is sentenced to serve imprisonment for not more than 3 years and a fine of
not more than 1 thousand pesos

MUNICIPAL PRISONER - a person who is sentenced to serve imprisonment for not more than 6 months.

DEVIATES – a person commits abnormal sex practices, sometimes caused by physical , glandular and mental
defects.

SICK CALL – the time when prisoner affected with any disorder or health, or is ill, shall report to the
physician for treatment or examination.

STAIGHT JACKET – an outer covering or coat designed to be fastened about the body for the purpose of
restricting the movement of a boisterous or unruly person.

TATTOOING - the act of picking and making mark patterns on the skin with indelible pigments.

RECIDIVISM – is state of person being called recidivist. A recidivist is one who, at the time of his trail for one
crime, shall have been previously convicted by final judgment of another crime embraced in the same title of
RPC.

REHABILITATION – a program of activity directed to restore inmate’s self respect thereby making them a
law abiding citizen after serving sentence or upon release.

SUICIDE RISK- a person prone to taking his own life

CORRECTIONS- is that branch of administration of justice charged with the responsibility for the custody,
supervision, and rehabilitation of the individuals.

WORK HOUSE , JAIL FARM- minimum custody offenders serving short sentences with constructive work
program.

QUARANTINE UNIT- a unit where new prisoner or section of IREC formerly know RDC where the prisoner
is given thorough examination including drug test.

IREC- refers to inmate reception and education center. RDC- refers to reception and diagnostic center. A
special Unit where new prisoner undergo diagnostic examination, study and observation for the purpose of
determining the program of treatment and training that suited for their needs.

CUSTODY- defined as guarding or penal safekeeping.

CONTROL- involves supervision of prisoner to insure punctual and orderly movement to and from
dormitories, places of works, hospitals, recreational facilities, in accordance with the daily schedule.
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DISCIPLINE- continuing state of good order and behavior
RETRIBUTION- punishment of the offender was carried out in the form of personal vengeance.
PUNISHMENT- redress that the state against an offending member.
EXPIATION - punishment in the form of group vengeance.
DETERRENCE - punishment that gives lesson to the offender
PROTECTION - by placing offender in prison in order that society maybe protected from further criminal
degradation of criminal.
COMMUNITY- a group of people living together under common purpose and objectives
AUBURN PRISON SYSTEM- a prison system that applied solitary confinement of prisoners in their cells
during the days and nights.

CLASIFICATION OF INMATES

Sentenced prisoner
Detention prisoner
Persons held for investigation or safekeeping

COURTS AND COMPETENT AUTHORITIES WHO MAY COMMIT A PERSON TO PRISON

Supreme Court
Court of Appeals
Court of First Instance (CFI) RTC
MTC, MCTC
Court of Agrarian reform (CAR)
Board of Transportation
Military Tribunal
Deportation Board
Comelec
Security of National Defense

DUTIES AND FUNCTION OF THE CLASSIFICATION BOARD

The classification board is tasked with the gathering and collating information and other data of every prisoner
into a case study to determine the work assignment, the type of supervision and degree of custody and
restriction under which an offender must live in jail.

COMPOSITION OF THE CLASSIFICATION BOARD

The assistant Warden ---------------------Chairman

Chief security Officer--------------------- member
Medical Officer---------------------------- member
Chaplain------------------------------------ member
Social Worker as member--------------- member

IS AN INMATE REQUIRED TO APPEAR BEFORE THE CLASSIFICATION BOARD?

YES, the inmate is required to appear before the classification board for a frank discussion concerning his assets
and weaknesses and informed the program planned for him. He is also asked to cooperate with program for his
own good.

WHAT ARE THE PROCEDURE IN HEARING OF A DISCIPLINARY CASES?

The aggrieved prisoner or detainee shall inform any member of the custodial force of the violation who in return
shall report the matter to the desk officer. If it is the jail employee who knows of the violation committed by the
prisoner he should make a report in writing.

WHAT DOES THE REPORT CONTAIN?

The written report shall include the names of the inmates, brief description of the circumstances surrounding or
leading to the reported violation and all facts relative to the case.
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WHO SHALL CAUSE THE INVESTIGATION OF THE COMPLAINT?

The Disciplinary Board or Officer of the Day, after which, will submit a recommendation to the Warden for
appropriate action.

WHAT IS THE PROPER ACTION OF THE WARDEN AFTER THE REPORT AND THE
RECOMMENDATION OF THE OD/ DISCIPLINARY BOARD?

The warden shall evaluate the report and if he believed that there is sufficient evidence on the alleged violation,
he shall decide the case and imposed the necessary penalty incase of minor offense.

DOES THE OFFICER OF THE DAY HAVE JURISDICTION TO HEAR AND DECIDE GRAVE AND
LESS GRAVE OFFENSE?

The Officer of the Day cannot decide grave and less grave offenses. He shall endorse it to the Disciplinary
Board. In the absence of the Board, to the warden and he caused or act as a summary hearing officer.

UNDER WHAT GROUNDS CAN THE WARDEN DECIDE ON LESS GRAVE ANDGRAVE
OFFENSES?

In the absence of disciplinary board. He can decide cases in his capacity as summary hearing officer.

HOW ABOUT A PRISONER CONFRONTED FOR A REPORTED VIOLATION, WHAT

PROCEDURE SHALL BE APPLIED TO HIM?

The prisoner confronted with a reported violation shall be asked how he pleads to the charge. If he admits the
violation or pleads guilty, the board shall imposed the corresponding punishment.

However, if the prisoners denies the charge/s, the hearing shall commence with the presentation of evidence and
other witnesses by the desk officer or the Board..

The prisoner shall be given opportunity to defend himself by his own testimony and those of his witnesses if
any, and to present other evidences to prove his innocence .

WHO WILL DECIDE THE CASE?

The Board shall decide the case on its merits.

WHAT ARE THE EFFECTS OF THE DECISION TO THE PRISONER?

He shall be advised to obey the rues and regulations

He should be reminded that good behavior is indispensable for his early release
He should comply with the penalty imposed by the board to him

IS THE DECISION OF THE BOARD FINAL?

Decision of the board may be subject to review and approved by the warden. He may further appeal his case to
the Chief whose decision shall be final.

WHAT IS GOOD CONDUCT TIME ALLOWANCE?

Is a privilege granted to the prisoner that shall entitle him a deduction of his term of imprisonment.

HOW MANY DAYS OF DEDUCTION THAT A PRISONER MAY RECEIVE WHILE SERVING HIS
PRISON TERM IN GOOD CONDUCT?

A prisoner may receive 1 day per week.

A deduction of five days of each month for first 2 years of good behavior
A deduction of 8 days of each month for 3rd to 5th year of good behavior
A deduction of 10 days in each month for the 6th to 10th year
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A deduction of 15 days in each month for the 11th year-ups

WHEN CAN A PRISONER BE RELEASED?

After service of sentence

Upon order of the court
When on parole
When pardoned

CAN A PRISONER BE RELEASED BY MERE VERBAL ORDER OR BY TELEGRAM?

No, prisoner shall not be release on a mere verbal order or by telegram. Prisoner to be released by reason of
acquittal or dismissal of the case, payment of fines or indemnity or after filing of a bond shall only be released
upon receipt of the court order duly signed by the judge or the clerk of court.
The court order shall bear the full complete name of the prisoner, the crime charged, the criminal case number,
and such other details that will enable the officer in charge to identify properly the prisoner to be released.

WHAT LAWS WERE ISSUED TO DECONGEST THE JAIL?

R.A. 6036- is a law issued to decongest the jail by not requiring bail to a person charge with the violation of
municipal or city ordinance or alight felony and or a criminal offense where the prescribed penalty is not higher
than 6 months imprisonment or a fine of two thousand pesos.

RA 6127- is a law that grants full time credit under certain conditions of offenders who have undergone
preventive imprisonment in the service of their sentence.

Probation Law PD 968, as amended by PD 1257- This law provides that an accused may file a petition for
probation after the imposition of the sentence by the court but before the accused shall have started serving
sentence. Under certain conditions.

The Child and Youth Welfare Code (PD 603) as amended by PD 1179- A law which provides that when a
youthful offender is unable to furnish bail, shall from the time of his arrest be committed with the care of the
Department of Social welfare and Development or the local Rehabilitation Center or a Detention House in the
province or City which shall be responsible for his appearance in court whenever required.

HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED?

By the death of convict

By service of sentence
By amnesty
By absolute pardon
By prescription of the crime
By prescription of the penalty
By the marriage with the offended woman in rape case.

WHAT ARE THE KINDS OF PARDON? DISTINGUISH EACH?

Absolute pardon- is a type of pardon that has no condition attached to it

Conditional pardon- is a type of pardon with conditions attached to it.

DISTINGUISHED AMNESTY AND PARDON?

Pardon- includes any crime and is exercised individually by the president. Is exercised when the person already
convicted.

Amnesty-is a blanket pardon to classes of persons or community who may be guilty of political offenses. May
exercised even before trial or investigation.

Pardon- looks forward and receive the offender from the consequences of the offense of which he has been
convicted that is abolishes or forgives the punishment.
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Amnesty- looks backward and abolishes and puts into oblivion the crime itself

Pardon- being private act of the president must be pleaded and proved by the person pardon.

Amnesty- being proclamation by the chief executive with concurrence of the congress.

WHAT IS THE PRESCRIPTION OF THE CRIME?

Prescription of crime- is the forfeiture or loss of the right of the state to prosecute the offender after the lapse
of the certain time.

CRIME WITH PRESCIPTION PERIOD ARE THE FOLLOWING?

CRIMES PRESCIPTION PERIOD

1. Reclusion perpetua ------------------------- 20 years

2. Correctional Penalty------------------------ 10 years
3. Libel or similar offense-------------------- 1 year
4. Oral defamation----------------------------- 6 months
5. Light offenses------------------------------- 2 months

WHEN DOES PARTIAL EXTINCTION OF CRIMINAL LIABILITY HAPPEN?

1. by pardon
2. by commutation of the sentence
3. for good conduct time allowance

WHO GRANTS TIME ALLOWANCE FOR GOOD CONDUCT?

-The Director of Bureau of prison shall grant time allowance for good conduct.

WHAT ARE THE EFFECTS OF PARDON BY THE PRESIDENT?

1. A pardon shall not restore the right to hold public office or the right of suffrage, except, when such rights are
expressly restored by the terms of pardon.
2. It shall exempt the culprit from payment of the civil indemnity.

DISTINGUISHED THE PARDON BY THE OFFENDED PARTY AND THE PARDON EXTENDED BY
THE CHIEF EXECUTIVE:
Pardon by the chief executive extinguished the criminal liability of the offender, not on the pardon granted by
the offended party.

Pardon granted by the chief executive cannot include civil liability that the offender must pay, but the offended
party can waive the civil liability that the offender must pay.

Pardon granted by the offended party should be given before the prosecution of the criminal action ,whereas
pardon by the chief executive may be extended to any of the offenders after conviction.

WHAT ARE THE LEGAL GROUNDS IN DETAINING A PERSON?

1. Commission of a crime
2. Violent, insanity or any other ailment requiring compulsory confinement in a hospital

REASONS FOR COMMITING A PERSON TO JAIL

1. To serve a sentence after conviction

2. While on trial
3. While under investigation
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CLASSIFICATION OF PRISONNER

1. Insular
2. City Prisoner
3. Provincial
4. Municipal

AIMS OF INSTITUTIONAL CUSTODY

1. Prevention of escapes
2. Control of contraband
3. Maintenance of good order
4. Protection of lives and properties

ADMISSION PROCDURES IN PRISON:

1. Receiving
2. Checking commitment order
3. Establishing identity
4. Searching the prisoner
5. Assignment of quarter

JUSTIFICATION OF PUNISHMENT

1. Retribution
2. Expiation or atonement
3. Deterrence
4. Protection

WHAT ARE THE DIFFERENT JUDICIAL CONDITIONS OF PENALTY?

1. Must be suffering, without however affecting the integrity human personality.

2. Must be commensurate with the crime committed and different crimes must be punished with different
penalties.
3. Must be personal
4. Must be equal to all
5. Must be certain
6. Must be correctional

SIGNIFICANCE OF COMMUNITY BASE-CORRECTIONS

1. Humanitarian 2. Restorative 3. Managerial

THREE REVOLUTIONSON THE HISTORY OF CORRECTIONS

1. Age of reformation 2. Age of rehabilitation 3. Age of re-integration

ANCIENT FORM OF PUNISHMENT

1. Death penalty
2. Physical torture
3. Social degradation
4. Banishment

CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment
2. Parole
3. Probation
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DEGREE OF CUSTODY OF PRISONERS:

SUPER SECURITY PRISONERS- this is a group of prisoners composed of incorrigible, intractable and
dangerous persons who are so difficult to manage that they are the source of constant disturbance even in a
maximum security institution. This requires a super maximum type of institution , nevertheless, it is not
practical to build a special separate institution for this type of offenders because heavy custodial restraints
requires a large employee inmate ratio and the smallness of about practical way therefore is to build a special
super security facility within the compound of a maximum security institution.

MAXIMUM SECURITY PRISONERS- this group consist of chronic troublemakers but not as dangerous as
the super security prisoner. Their movement is restricted and they are not allowed to work outside the institution
but rather, are assigned to industrial shops within the prison compound. They are house in a maximum Security
institution.

Maximum Security institution is geared to the fullest possible supervision control and surveillance of inmates.
Design and program choices optimized security. Building bad policies restricts over environment. Thick wall
encloses the institutions are also characterized by high internal security and operating regulations that curtail
prisoner movement and maximize control.

MEDIUM SCURITY PRISONER- these are the prisoner who may be allowed to work outside the fence of
the institution under guard escorts. Generally, they are employed as agricultural workers.

Medium Security Institution are designed to confine individuals where they can be observed and controlled,
perimeter security consists of double cyclone fences, the top portions are provided with barbed wire. Tower
security is maintained by locks, bars, and concrete walls clear separation of indoors and outdoors.

MINIMUM SECURITY PRISONERS- this group belongs to prisoners who are already trusted to report to
their places of work assignment without the presence of guards. They are free to move around, subject only to
curfew hours during night time.

The institution for this type, prisoner is relatively open, the inmates living in separate small houses requiring
little or no supervision by guards. This institution serves as therapeutic purposes by removing men the stifling
prisons environment.

ALTERNATIVE TO JAIL CONFINEMENT

Elimination from jail of those who belong elsewhere

Payments of fines in place of imprisonment
Extensive use of probation
Wide use of approved methods of release from custody
Use of delayed sentence.

FOUR SEPARATE BUT COORDINATED PROCEDURES OF CLASSIFICATION:

Diagnostic- the prisoner’s case history is taken and his personality studied. Through examination and
observation, the reception and diagnostic center’s staff determines the nature and extent of the person’s
criminality and the extent to which he may be rehabilitated.

Treatment planning- this is also performed by the center’s staff which consist in the formulation of relative
treatment programs best suited to the needs and interest of an individual prisoner, based on their finding. Both
diagnosis and treatment planning take place in the reception center.

Execution of Treatment Program – this consist in the application of the inmates changing needs and with new
analysis based on any information not available at the time of inmates cease, which continues from the time of
first classification until the inmate is release.

The Inmate Reception and Education Center (IRED) this is a special unit of prison where new prisoners
undergo diagnostic examination, study and observation for the purpose of determining the program of treatment
and training best suited to their needs, and the institution to which they should be transferred.
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It is not a treatment center but rather, it is specialized diagnostic institution which facilitates the careful study of
offenders by a professional staff. The segregation of prisoner based on the scientific method. The treatment of
inmates based upon careful study of the individual inmate at the time of commitment. The improvement of
institutional programs based on close study of the inmates characteristics and needs made at the center and the
development of research concerning the causes of treatment of delinquency or crime.

ADMISSION PROCEDURE IN PRISON

1. Receiving- the new prisoner is received either in the center. The new prisoners usually comes from
provincial or city where he is first committed, upon conviction by the court, and escorted by the guards of the
committing jail during his transfer to the NBP.
2. Checking Commitment Papers- the receiving officer checks the commitment papers if they are in order,
that is if it contains the signature of the judge or clerk of court & seal of the court.
3 . Establishing the identity of the Prisoner- the prisoner’s identity is established through the picture and
fingerprint of the prisoner appearing on the commitment order. This is to ensure that the person being
committed is the same person being named in the commitment order.
4 . Searching The Prisoner- This steps involved the frisking of the prisoner and searching of his personal
things, weapons and other items classified as contraband are confiscated and deposited to property custodian,
money, watches, rings, and other pieces of jewelry are deposited with the trust fund officer under proper
recording and receipts.
5. Assignment of Quarters- the new prisoner is then sent to the quarantine unit where he spends from 1 to 10
days.

THE QUARANTINE UNIT OR CELL

Takes place within the first few days in center which consists in:

1. Giving the prisoners a booklet of rules and regulations, if this is not available, explaining the rules to them.
2. Conducting group meeting of the center inmates to explain to them the purpose of the treatment program.
3. Holding sessions with the members of the centers staff to explain the basic purpose of the treatment
programs, and what the inmates should do in order to profit most from their experience.

PART III

NON-INSTITUTIONAL BASED CORRECTION- includes all correctional activities that take place in the
community. Community based correction programs embrace any activity in the community directly addressed
to the offenders and aimed at helping him to become a law-abiding citizen. This is a better substitute for the
traditional institutional corrections. The significance of this approach are: Humanitarian Aspect, Restorative
Aspect and Managerial Aspect

What is the first Probation Act- Probation Act No. 4221 but was declared unconstitutional for it encroach the
pardoning power of the president and denies equal protection of law.

What is the old Probation Law- PD 968 as amended, otherwise known as probation law of 1976. Sec. 4 of PD
968 was amended by PD 1990. To make an appeal and probation mutually exclusive remedies. The filling of
application for probation deemed a waiver of right to appeal. Before PD 1990 took effect on July 16, 1990, the
accused is not disqualified or barred from applying for probation even if he has perfected an appeal from
judgment of conviction rendered against him or his appeal there from was unsuccessful.

Probation is a privilege, not a right. It is not demandable as a matter of right by the defendant. Its grant depends
upon the discretion of the court. No person shall be placed on probation except upon prior investigation by the
probation officer and determination by the court that the ends of justice and the best interest of the public as
well as the defendant will be served thereby.

PROCESSES OF PROBATION:
Application for probation with the convicting and sentencing court.
Determination of the eligibility of the applicant
Sending application from the court to the office of probation
Conduct of post-sentence investigation
Submission of report from probation office to the court
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Court decide whether to grant or deny the application

WHO MAY APPLY PROBATION?

A convicted offender:
-Sentence to serve of an imprisonment of not more than 6 years
-Not convicted of any crime against the national security and public order
-Not previously convicted by final judgment of an imprisonment of not less than 1 month and 1 day or fine of
not less than 200.00.
-Not having been on probation under the provision of PD 968.

WHEN TOAPPLY PROBATION?

After conviction and sentenced, a convicted offender or his counsel may file a petition for probation.

WHERE TO APPLY PROBATION?

The presiding judge of the court.

PAROLE- is governed by the indeterminate sentence law, also known as Act No. 4103. This law was
subsequently amended by Act No. 4225 and later by Republic Act No. 4203.

This refers to the conditional release of an offender from penal institution after he has served the minimum
period of his sentence under the continued custody of the state under conditions that permit his reincarceration
if he violates a condition for his release.

WHO ADMINISTERED PAROLE IN THE PHILIPPINES?

-The parole and probation administration.

WHEN TO APPLY PAROLE?

Upon proving that the prisoner, who is confined in jail or prison to serve an indeterminate prison
sentence has served the minimum period of said sentence.
WHERE TO APPLY PAROLE?
The executive Director of the Chairman Board of Pardons and Parole, DOJ Agencies Bldg., Diliman,
Quezon City.
WHAT IS THE BOARD- Refers to the board of Pardon and Parole

COMPOSITION OF THE BOARD OF PARDON AND PAROLE:

1. Chief Justice ---------Chairman

2. Clergy man------------- member
3. Psychologist------------ member
4. Educator---------------- member
5. Expert in correction--- member
6. Psychiatrist----------- member
7. PPA Director -------- Ex officio member

WHAT IS PARDON- is an act of grace of the chief executive. This does not work for the restoration of the
rights to hold public office, of the right to suffrage, unless such right was expressly restored by the terms of
pardon.
KINDS OF PARDONS ARE: Absolute and Conditional Pardon. Absolute pardon is granted by the president
without condition while the Conditional pardon usually granted and imposed to applicant who has served a
portion of his sentence with parole conditions.
WHAT IS EXECUTIVE CLEMENCY- refers to Commutation of sentence, absolute pardon and conditional
pardon.
Who grant the executive clemency- The president of the Philippines upon the recommendation of the Board of
Pardons and Parole.

Who may apply executive clemency- A prisoner not eligible for parole, who has not violated any condition of
his discharge on parole or conditional pardon, and is not suffering from mental illness or disorders as certified
by the government psychiatrist.
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WHEN TO APPLY?

-For commutation of sentence-

1. once the prisoner has served at least 1/2 of the maximum of indeterminate sentence.
2. At least 10 yrs for prisoners sentence to 0ne (1) life or reclusion perpetua for offenses not punishable by RA
7659.

3. At least 12 yrs for prisoners whose sentence were adjusted to 40 yrs.

4. At least 15 yrs for prisoners convicted heinous crime

5. At least 17 yrs for prisoners sentenced to 2 or more life or reclusion perpetua.

6. At least 20 yrs for prisoners convicted for death which automatically reduced to life or reclusion perpetua.

FOR CONDITIONAL PARDON- Once the prisoner has served ½ of the maximum of indeterminate sentence
or of definite prison term.

FOR ABSOLUTE PARDON- The prisoner should have serve the maximum sentence or granted final release
and discharged or court termination of probation . However, the Board may consider the petition for absolute
pardon even before the grant of final release or discharged under the provision of sec. 6 of act No- 4103, as
when the petitioner : 1. Seeking an appointive/ elective public position or reinstatement in the government
service; 2. will take any government examination; 3. Is emigrating, provided the petitioner shall submit an
approved immigrant application.

WHERE TO APPLY EXECUTIVE CLEMENCY?

The president of the Philippines, through the chairman, Board of Pardons and Parole, Manila.

DEFINITION OF TERMS:

AMNESTY- is a general pardon extended and granted to a groups of law violators, usually those who
committed political crimes, with the concurrence of the law making body. This maybe granted before, during
trial or after conviction.

BAIL- is the security required by the court and given by the accused to ensure that the accused appears before
the proper court at the scheduled time and place to answer the charges brought against him or her.

PROBATIONER- means person placed on probation

PROBATION OFFICER- means one who investigates for the court a referral for probation or supervises a
probationer or both.

PROBATION –is a disposition under which a defendant, after conviction and sentence, is released subject to
the conditions imposed by the court under the supervision of the probation officer.

PAROLE- refers to the conditional release of an offender from penal or correctional institution after he has
served the minimum period of his sentence under the continued custody of the state and under conditions that
permit his reincarceration if he violates a condition of his release. Parole in the Philippines is administered by
the Parole and probation administration.

CONDITIONAL PARDON- is the clemency granted by the Chief Executive to the accused after conviction
and upon the recommendation of the Board of Pardons and Parole subject to certain conditions.

TWO KINDS OF PARDON ARE:

Absolute Pardon- is granted by the Chief executive without conditions of any kind.
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Conditional Pardon- Usually granted and imposed to applicant who has served a portion of his sentence with
conditions.

RELEASE ON RECOGNIZANCE (ROR)- It is a simple obligation personal obligation or undertaking

entered into before a court and having no money penalty attached. This is one form of bail aside from cash,
property and surety bond.

ART 29 OF THE REVISED PENAL CODE AS AMMENDED BY REPUBLIC ACT 6127- deducts the
period of offender’s preventive detention from the sentence imposed by the courts. If detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, he is entitled
full time credit of period of detention to be deducted from his total sentence. if detention prisoner does not agree
to abide by the same disciplinary rules, he shall be credited in the service of his sentence with four-fifths (4/5)
of the time during which he has undergone preventive imprisonment.

BATAS PAMBANSA BILANG 85- authorizes the release of a detainee who has undergone preventive
imprisonment equivalent to the maximum imposable sentence for the offense he is charged with.

ART 96 OF THE RPC- provides that in meritorious cases, the commutation of the prisoner’s sentence through
presidential action shall be upon the recommendation of the court which imposed the same.

ART 97 OF RPC- provides that shall entitled to a deduction from his prison term for good conduct. The good
conduct of any prisoner in any penal institution shall entitle him to the following deduction of sentence:

During the first 2 years of his imprisonment, he shall be allowed a

deduction of five days for each month of good behavior;

During the 3rd to the 5th year inclusive, of his imprisonment, he shall be allowed a deduction of 8 days for each
month of good behavior;

During the following years until the 10th year inclusive, of his imprisonment, he shall be allowed of 10 days for
each month of good behavior; and

During the 11th and successive years of his imprisonment, he shall be allowed a deduction of 15 days for each
month for good behavior.

NOTE: The authority to issue GCTA lies to the director of the BUCOR. The BJMP, since has no authority, must
request to the latter for the issuance of the same. At present, BJMP is working legal remedies on this.

ART 98 of the revised Penal Code - Provides for a deduction for a deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who, having evaded the service of his sentence under circumstances of
occasion of disorder; conflagrations; earthquakes; and other calamities and surrendered himself to the
authorities within 48 hours following the issuance of a proclamation announcing the passing of the calamity
referred to in this article. Whenever lawfully justified, the Director of BUCOR shall grant allowances for good
conduct. Such allowances once granted shall not be revoked.