Institutional Correction
Institutional Correction
Institutional Correction
An Instructional Material
Second Semester
School Year 2021-2022
2 Police Intelligence Instructional Material Reynaldo M. Esmeralda, M.S.
Crim.
“This is for criminological purposes and therefore not for sale.” S.Y. 2015-2016
ISUE-CAS-InM-065
Effective: September 1, 2013
Revised 0
TABLE OF CONTENTS
II. Course Description: This course covers the study of the nature of institutional corrections both local and
international settings including pertinent laws relative to human rights and victim welfare and various
rehabilitation programs applicable to the offenders’ re-integration to the community.
III. Requirement of the Course:
1. Quizzes, Assignments and Research works (Online/Offline)
2. Periodic Major Exams (Online/Offline)
3. Group/Individual research (Online/Offline)
4. Definition of Terms
5. Outline of Lecture notes
6. Seminar/Training (Offline)
7. Research/Library works (Online/Offline)
8. Innovative/OBE
LEARNING OBJECTIVES: At the end of this lesson, the students should be able to:
1. Discuss the Nature and Trends of Punishment form Pre-Classical School of Penology to the Present
2. Identify the pioneers and contributor of Correction and Correctional process;
3. Understand the Development of Modern Correctional Concepts and Standards; and
4. Conceptualized UN standard Minimum Rules for the Treatment of Prisoners
PART 1
Evolution of Correctional Institutions:
Prisons were unknown in the ancient world. Instead, there were dungeons in the castles, or filthy and
nauseating airless caves serving as detention cells for persons whose crimes are punishable with penalties
other than imprisonment
1. Historical Perspective on Corrections
1. Early History:
a. Tribal Societies
1. Characterized by reliance on religious authorities or families to maintain order
2. Crucifixion, execution of a criminal by nailing or binding to a cross. It was a common form of capital
punishment from the 6th century BC to the 4th century AD, especially among the Persians, Egyptians,
3. Beheading – Is a form of capital punishment. Practiced in ancient Greece and Rome and later in other parts
of Europe, Asia, and the Middle East, execution by decapitation was usually reserved for offenders of high rank
and for notorious criminals. It was originally carried out with an ax, later with a sword, and in France from the
late 18th century until capital punishment was abolished there in 1981, with the guillotine.John The Baptist was
an early victim of the practice, later death by beheading claimed such other notable figures as Anne Belyn,
Mary, Queen of Scots, death Walter Raleigh, Louis XVI of France, and his wife, Marie Antoinette.
Beheading has died out in Europe, but it continues to be employed as a PUNISHMENT IN SOME Muslim
country, along with a variety of Mutilation. It was also widespread in China until recent times.
Guillotine
Proposed in 1789 by French physician Joseph Ignace Guillotin, the guillotine was widely used during the
French Revolution (1789-1799), first to decapitate members of the nobility and Roman Catholic clergy, and
later to behead the revolutionaries themselves. The guillotine remained in use in France until capital
punishment was abolished in 1981. This reduced model belongs to the Museum of the City of Paris, Musée
Carnavalet, Paris, France.
4. Hanging - method of capital punishment by suspending the condemned person by the neck, usually with a
noosed rope or cord, from a frame with a crosspiece commonly known as gallows. Hanging is the official
means of execution in several countries.
Death through hanging may result from compression of the windpipe, obstruction of blood flow, and rupture of
nerve structures in the neck; all may be the causes of death, especially when death is not instantaneous.
Death comes instantly in a hanging in which the spinal cord is damaged or severed through the fracture or
French Bagnes
Transportation – the practice of transporting offenders to remote location, replace bagnes in France by the
mid-1800’s as the method of punishment.
Early Forms of Prison Discipline:
1. Hard Labor – Productive works.
2. Deprivation – Deprivation of everything except the bare essential of existence.
3. Monotony – Giving the same food that is “off diet”, or requiring the prisoners to perform drab or boring daily
routine.
4. Uniformity – “We treat the prisoner alike”. “The fault of one is the fault of all”.
5. Mass Movement – Mass living in the cellblocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prisoners to degrade or break the
confidence of prisoners.
7. Corporal Punishment – Imposing brutal punishment or employing physical force to intimidate a delinquent
inmate.
8. Isolation or solitary confinement – non-communication, limited news. “The lone Wolf’.
Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in prison for the purpose of protecting the public against criminal
activities and at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment
programs.
2. Parole – a conditional release of a prisoner after serving part of his/her sentence in prison for the purpose of
gradually re-introducing him/her to free life under the guidance and supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime, prohibiting him to
get near or enter the 25-kilometer perimeter.
Justifications of Punishment:
1. Retribution – 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 – It is punishment in the form of group vengeance where the purpose is to appease
the offended public or group.
PART III
The Scope of the Correctional Process
PENOLOGY:
- The study of punishment for crime or of criminal offenders. It includes the study of control and prevention of
crime through punishment by 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 efforts to repress criminal activities.
Penal Management:
Incarceration Sentences:
1. Split Sentences and Shock Incarceration – A penalty that explicitly requires the convicted person to serve a
period of confinement in a local state, or federal facility followed by a period of probation (US).
2. Incarceration – The confinement of a convicted criminal in a federal or state prison or a local Jail to serve a
court-imposed sentence.
Non-incarceration Sentences:
PART IV
Standard Minimum Rules for the Treatment of Prisoners
Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of
31 July 1957 and 2076 (LXII) of 13 May 1977
Preliminary Observations
1. The following rules are not intended to describe in detail a model system of penal institutions. They seek
only, on the basis of the general consensus of contemporary thought and the essential elements of the most
adequate systems of today, to set out what is generally accepted as being good principle and practice in the
treatment of prisoners and the management of institutions.
2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is evident
that not all of the rules are capable of application in all places and at all times. They should, however, serve to
stimulate a constant endeavor to overcome practical difficulties in the way of their application, in the knowledge
that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.
3. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to
preclude experiment and practices, provided these are in harmony with the principles and seek to further the
purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison
administration to authorize departures from the rules in this spirit.
(2) Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the
rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of
prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those
categories and are for their benefit.
5. (1) The rules do not seek to regulate the management of institutions set aside for young person’s such as
Borstal institutions or correctional schools, but in general part I would be equally applicable in such institutions.
(2) The category of young prisoners should include at least all young persons who come within the jurisdiction
of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.
PART I
Basic principle
6. (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
(2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group to which
a prisoner belongs.
Register
7. (1) In every place where persons are imprisoned there shall be kept a bound registration book with
numbered pages in which shall be entered in respect of each prisoner received:
(b) The reasons for his commitment and the authority therefor;
(2) No person shall be received in an institution without a valid commitment order of which the details shall
have been previously entered in the register. Separation of categories
8. The different categories of prisoners shall be kept in separate institutions or parts of institutions taking
account of their sex, age, criminal record, the legal reason for their detention and the necessities of their
treatment. Thus,
(a) Men and women shall so far as possible be detained in separate institutions; in an institution which receives
both men and women the whole of the premises allocated to women shall be entirely separate;
9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell
or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the
central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell
or room.
(2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to
associate with one another in those conditions. There shall be regular supervision by night, in keeping with the
nature of the institution.
10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall
meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of
air, minimum floor space, lighting, heating and ventilation.
(a) The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so
constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.
12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature
when necessary and in a clean and decent manner.
13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and
required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical region, but at least once a week in a temperate climate.
14. All pans of an institution regularly used by prisoners shall be properly maintained and kept scrupulously
clean at all times.
Personal hygiene
15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water
and with such toilet articles as are necessary for health and cleanliness.
16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall
be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
17. (I) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing
suitable for the climate and adequate to keep him in good health. Such clothing shall in no manner be
degrading or humiliating.
(2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as
often as necessary for the maintenance of hygiene.
18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the
institution to ensure that it shall be clean and fit for use.
19. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed, and
with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often
enough to ensure its cleanliness.
Food
20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value
adequate for health and strength, of wholesome quality and well prepared and served.
(2) Drinking water shall be available to every prisoner whenever he needs it.
21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in
the open air daily if the weather permits.
(2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training
during the period of exercise. To this end space, installations and equipment should be provided.
Medical services
22. (1) At every institution there shall be available the services of at least one qualified medical officer who
should have some knowledge of psychiatry. The medical services should be organized in close relationship to
the general health administration of the community or nation. They shall include a psychiatric service for the
diagnosis and, in proper cases, the treatment of states of mental abnormality.
(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil
hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and
pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall
be a staff of suitable trained officers.
(3) The services of a qualified dental officer shall be available to every prisoner.
23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal and post-natal
care and treatment. Arrangements shall be made wherever practicable for children to be torn in a hospital
outside the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate.
(2) Where nursing infants are allowed to remain in the institution with their mothers, provision shall be made for
a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their
mothers.
24. The medical officer shall see and examine every prisoner as soon as possible after his admission and
thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of
all necessary measures; the segregation of prisoners suspected of infectious or contagious conditions; the
noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical
25. (1) The medical officer shall have the care of the physical and mental health of the prisoners and should
daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially
directed.
(2) The medical officer shall report to the director whenever he considers that a prisoner's physical or mental
health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.
26. (I) The medical officer shall regularly inspect and advise the director upon:
(b) The hygiene and cleanliness of the institution and the prisoners;
(d) The suitability and cleanliness of the prisoners' clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in cases where there is no technical
personnel in charge of these activities.
(2) The director shall take into consideration the reports and advice that the medical officer submits according
to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take immediate steps to
give effect to those recommendations; if they are not within his competence or if he does not concur with them,
he shall immediately submit his own report and the advice of the medical officer to higher authority.
27. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for
safe custody and well-ordered community life.
28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.
(2) This rule shall not, however, impede the proper functioning of systems based on self-government, under
which specified social, educational or sports activities or responsibilities are entrusted, under supervision, to
prisoners who are formed into groups for the purposes of treatment.
29. The following shall always be determined by the law or by the regulation of the competent administrative
authority:
30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation, and never
twice for the same offence.
(3) Where necessary and practicable the prisoner shall be allowed to make his defense through an interpreter.
31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited as punishments for disciplinary offences.
32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the medical officer
has examined the prisoner and certified in writing that he is fit to sustain it.
(2) The same shall apply to any other punishment that may be prejudicial to the physical or mental health of a
prisoner. In no case may such punishment be contrary to or depart from the principle stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the director if
he considers the termination or alteration of the punishment necessary on grounds of physical or mental
health.
Instruments of restraint
33. Instruments of restraint, such as handcuffs, chains, irons and strait-jacket, shall never be applied as a
punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments of restraint shall
not be used except in the following circumstances:
(a) As a precaution against escape during a transfer, provided that they shall be removed when the prisoner
appears before a judicial or administrative authority;
(b) On medical grounds by direction of the medical officer; (c) By order of the director, if other methods of
control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such
instances the director shall at once consult the medical officer and report to the higher administrative authority.
34. The patterns and manner of use of instruments of restraint shall be decided by the central prison
administration. Such instruments must not be applied for any longer time than is strictly necessary.
35. (1) Every prisoner on admission shall be provided with written information about the regulations governing
the treatment of prisoners of his category, the disciplinary requirements of the institution, the authorized
methods of seeking information and making complaints, and all such other matters as are necessary to enable
him to understand both his rights and his obligations and to adapt himself to the life of the institution.
(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.
36. (1) Every prisoner shall have the opportunity each week day of making requests or complaints to the
director of the institution or the officer authorized to represent him.
(2) It shall be possible to make requests or complaints to the inspector of prisons during his inspection. The
prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the director
or other members of the staff being present.
(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt with and
replied to without undue delay.
37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable
friends at regular intervals, both by correspondence and by receiving visits.
38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with the
diplomatic and consular representatives of the State to which they belong. (2) Prisoners who are nationals of
States without diplomatic or consular representation in the country and refugees or stateless persons shall be
allowed similar facilities to communicate with the diplomatic representative of the State which takes charge of
their interests or any national or international authority whose task it is to protect such persons.
39. Prisoners shall be kept informed regularly of the more important items of news by the reading of
newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by lectures or
by any similar means as authorized or controlled by the administration.
Books
40. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both
recreational and instructional books, and prisoners shall be encouraged to make full use of it.
Religion
41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified representative
of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the
arrangement should be on a full-time basis.
(2) A qualified representative appointed or approved under paragraph (1) shall be allowed to hold regular
services and to pay pastoral visits in private to prisoners of his religion at proper times.
(3) Access to a qualified representative of any religion shall not be refused to any prisoner. On the other hand,
if any prisoner should object to a visit of any religious representative, his attitude shall be fully respected.
42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending
the services provided in the institution and having in his possession the books of religious observance and
instruction of his denomination.
(2) On the release of the prisoner all such articles and money shall be returned to him except in so far as he
has been authorized to spend money or send any such property out of the institution, or it has been found
necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the
articles and money returned to him.
(3) Any money or effects received for a prisoner from outside shall be treated in the same way.
(4) If a prisoner brings in any drugs or medicine, the medical officer shall decide what use shall be made of
them.
44. (1) Upon the death or serious illness of, or serious injury to a prisoner, or his removal to an institution for
the treatment of mental affections, the director shall at once inform the spouse, if the prisoner is married, or the
nearest relative and shall in any event inform any other person previously designated by the prisoner.
(2) A prisoner shall be informed at once of the death or serious illness of any near relative. In case of the
critical illness of a near relative, the prisoner should be authorized, whenever circumstances allow, to go to his
bedside either under escort or alone.
(3) Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer to another
institution.
Removal of prisoners
45. (1) When the prisoners are being removed to or from an institution, they shall be exposed to public view as
little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in
any form.
(2) The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which would
subject them to unnecessary physical hardship, shall be prohibited.
(3) The transport of prisoners shall be carried out at the expense of the administration and equal conditions
shall obtain for all of them.
Institutional personnel
46. (1) The prison administration, shall provide for the careful selection of every grade of the personnel, since it
is on their integrity, humanity, professional capacity and personal suitability for the work that the proper
administration of the institutions depends.
(3) To secure the foregoing ends, personnel shall be appointed on a full-time basis as professional prison
officers and have civil service status with security of tenure subject only to good conduct, efficiency and
physical fitness. Salaries shall be adequate to attract and retain suitable men and women; employment
benefits and conditions of service shall be favorable in view of the exacting nature of the work.
47. (1) The personnel shall possess an adequate standard of education and intelligence.
(2) Before entering on duty, the personnel shall be given a course of training in their general and specific duties
and be required to pass theoretical and practical tests.
(3) After entering on duty and during their career, the personnel shall maintain and improve their knowledge
and professional capacity by attending courses of in-service training to be organized at suitable intervals.
48. All members of the personnel shall at all times so conduct themselves and perform their duties as to
influence the prisoners for good by their example and to command their respect.
49. (1) So far as possible, the personnel shall include a sufficient number of specialists such as psychiatrists,
psychologists, social workers, teachers and trade instructors.
(2) The services of social workers, teachers and trade instructors shall be secured on a permanent basis,
without thereby excluding part-time or voluntary workers.
50. (1) The director of an institution should be adequately qualified for his task by character, administrative
ability, suitable training and experience.
(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time basis.
(3) He shall reside on the premises of the institution or in its immediate vicinity. (4) When two or more
institutions are under the authority of one director, he shall visit each of them at frequent intervals. A
responsible resident official shall be in charge of each of these institutions.
51. (1) The director, his deputy, and the majority of the other personnel of the institution shall be able to speak
the language of the greatest number of prisoners, or a language understood by the greatest number of them.
52. (1) In institutions which are large enough to require the services of one or more full-time medical officers, at
least one of them shall reside on the premises of the institution or in its immediate vicinity.
(2) In other institutions the medical officer shall visit daily and shall reside near enough to be able to attend
without delay in cases of urgency.
53. (1) In an institution for both men and women, the part of the institution set aside for women shall be under
the authority of a responsible woman officer who shall have the custody of the keys of all that part of the
institution.
(3) Women prisoners shall be attended and supervised only by women officers. This does not, however,
preclude male members of the staff, particularly doctors and teachers, from carrying out their professional
duties in institutions or parts of institutions set aside for women.
54. (1) Officers of the institutions shall not, in their relations with the prisoners, use force except in self-defence
or in cases of attempted escape, or active or passive physical resistance to an order based on law or
regulations. Officers who have recourse to force must use no more than is strictly necessary and must report
the incident immediately to the director of the institution.
(2) Prison officers shall be given special physical training to enable them to restrain aggressive prisoners.
(3) Except in special circumstances, staff performing duties which bring them into direct contact with prisoners
should not be armed. Furthermore, staff should in no circumstances be provided with arms unless they have
been trained in their use.
Inspection
55. There shall be a regular inspection of penal institutions and services by qualified and experienced
inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions
are administered in accordance with existing laws and regulations and with a view to bringing about the
objectives of penal and correctional services.
PART II
RULES APPLICABLE TO SPECIAL CATEGORIES
A. PRISONERS UNDER SENTENCE
Guiding principles
56. The guiding principles hereafter are intended to show the spirit in which penal institutions should be
administered and the purposes at which they should aim, in accordance with the declaration made under
Preliminary Observation I of the present text.
57. Imprisonment and other measures which result in cutting off an offender from the outside world are
afflictive by the very fact of taking from the person the right of self-determination by depriving him of his liberty.
Therefore, the prison system shall not, except as incidental to justifiable segregation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.
58. The purpose and justification of a sentence of imprisonment or a similar measure deprivative of liberty is
ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used
to ensure, so far as possible, that upon his return to society the offender is not only willing but able to lead a
law-abiding and self-supporting life.
59. To this end, the institution should utilize all the remedial, educational, moral, spiritual and other forces and
forms of assistance which are appropriate and available, and should seek to apply them according to the
individual treatment needs of the prisoners.
60. (1) The regime of the institution should seek to minimize any differences between prison life and life at
liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human
beings.
62. The medical services of the institution shall seek to detect and shall treat any physical or mental illnesses
or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical and psychiatric
services shall be provided to that end.
63. (1) The fulfilment of these principles requires individualization of treatment and for this purpose a flexible
system of classifying prisoners in groups; it is therefore desirable that such groups should be distributed in
separate institutions suitable for the treatment of each group.
(2) These institutions need not provide the same degree of security for every group. It is desirable to provide
varying degrees of security according to the needs of different groups. Open institutions, by the very fact that
they provide no physical security against escape but rely on the self-discipline of the inmates, provide the
conditions most favorable to rehabilitation for carefully selected prisoners.
(3) It is desirable that the number of prisoners in closed institutions should not be so large that the
individualization of treatment is hindered. In some countries it is considered that the population of such
institutions should not exceed five hundred. In open institutions the population should be as small as possible.
(4) On the other hand, it is undesirable to maintain prisons which are so small that proper facilities cannot be
provided.
64. The duty of society does not end with a prisoner's release. There should, therefore, be governmental or
private agencies capable of lending the released prisoner efficient after-care directed towards the lessening of
prejudice against him and towards his social rehabilitation.
Treatment
65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose, so far
as the length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting lives
after their release and to fit them to do so. The treatment shall be such as will encourage their self-respect and
develop their sense of responsibility.
66. (1) To these ends, all appropriate means shall be used, including religious care in the countries where this
is possible, education, vocational guidance and training, social casework, employment counselling, physical
development and strengthening of moral character, in accordance with the individual needs of each prisoner,
taking account of his social and criminal history, his physical and mental capacities and aptitudes, his personal
temperament, the length of his sentence and his prospects after release.
(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon as possible after
his admission, full reports on all the matters referred to in the foregoing paragraph. Such reports shall always
(3) The reports and other relevant documents shall be placed in an individual file. This file shall be kept up to
date and classified in such a way that it can be consulted by the responsible personnel whenever the need
arises.
(a) To separate from others those prisoners who, by reason of their criminal records or bad characters, are
likely to exercise a bad influence;
(b) To divide the prisoners into classes in order to facilitate their treatment with a view to their social
rehabilitation.
68. So far as possible separate institutions or separate sections of an institution shall be used for the treatment
of the different classes of prisoners.
69. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of
suitable length, a programme of treatment shall be prepared for him in the light of the knowledge obtained
about his individual needs, his capacities and dispositions.
Privileges
70. Systems of privileges appropriate for the different classes of prisoners and the different methods of
treatment shall be established at every institution, in order to encourage good conduct, develop a sense of
responsibility and secure the interest and co-operation of the prisoners in their treatment.
Work
(2) All prisoners under sentence shall be required to work, subject to their physical and mental fitness as
determined by the medical officer.
(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal
working day.
(4) So far as possible the work provided shall be such as will maintain or increase the prisoners, ability to earn
an honest living after release.
(5) Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for
young prisoners.
(6) Within the limits compatible with proper vocational selection and with the requirements of institutional
administration and discipline, the prisoners shall be able to choose the type of work they wish to perform.
72. (1) The organization and methods of work in the institutions shall resemble as closely as possible those of
(2) The interests of the prisoners and of their vocational training, however, must not be subordinated to the
purpose of making a financial profit from an industry in the institution.
73. (1) Preferably institutional industries and farms should be operated directly by the administration and not by
private contractors.
(2) Where prisoners are employed in work not controlled by the administration, they shall always be under the
supervision of the institution's personnel. Unless the work is for other departments of the government the full
normal wages for such work shall be paid to the administration by the persons to whom the labour is supplied,
account being taken of the output of the prisoners.
74. (1) The precautions laid down to protect the safety and health of free workmen shall be equally observed in
institutions.
(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on
terms not less favorable than those extended by law to free workmen.
75. (1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative
regulation, taking into account local rules or custom in regard to the employment of free workmen.
(2) The hours so fixed shall leave one rest day a week and sufficient time for education and other activities
required as part of the treatment and rehabilitation of the prisoners.
76. (1) There shall be a system of equitable remuneration of the work of prisoners.
(2) Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles
for their own use and to send a part of their earnings to their family.
(3) The system should also provide that a part of the earnings should be set aside by the administration so as
to constitute a savings fund to be handed over to the prisoner on his release.
77. (1) Provision shall be made for the further education of all prisoners capable of profiting thereby, including
religious instruction in the countries where this is possible. The education of illiterates and young prisoners
shall be compulsory and special attention shall be paid to it by the administration.
(2) So far as practicable, the education of prisoners shall be integrated with the educational system of the
country so that after their release they may continue their education without difficulty. 78. Recreational and
cultural activities shall be provided in all institutions for the benefit of the mental and physical health of
prisoners.
79. Special attention shall be paid to the maintenance and improvement of such relations between a prisoner
and his family as are desirable in the best interests of both.
81. (1) Services and agencies, governmental or otherwise, which assist released prisoners to re-establish
themselves in society shall ensure, so far as is possible and necessary, that released prisoners be provided
with appropriate documents and identification papers, have suitable homes and work to go to, are suitably and
adequately clothed having regard to the climate and season, and have sufficient means to reach their
destination and maintain themselves in the period immediately following their release.
(2) The approved representatives of such agencies shall have all necessary access to the institution and to
prisoners and shall be taken into consultation as to the future of a prisoner from the beginning of his sentence.
(3) It is desirable that the activities of such agencies shall be centralized or coordinated as far as possible in
order to secure the best use of their efforts.
82. (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made
to remove them to mental institutions as soon as possible.
(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in
specialized institutions under medical management.
(3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical
officer.
(4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all
other prisoners who are in need of such treatment.
83. It is desirable that steps should be taken, by arrangement with the appropriate agencies, to ensure, if
necessary, the continuation of psychiatric treatment after release and the provision of social-psychiatric after-
care.
84. (1) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in
police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as
"untried prisoners,' hereinafter in these rules.
(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.
(3) Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be
observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in
the following rules in its essential requirements only.
85. (1) Untried prisoners shall be kept separate from convicted prisoners.
(2) Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate
institutions.
87. Within the limit’s compatible with the good order of the institution, untried prisoners may, if they so desire,
have their food procured at their own expense from the outside, either through the administration or through
their family or friends. Otherwise, the administration shall provide their food.
88. (I) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.
(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.
89. An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he
chooses to work, he shall be paid for it.
90. An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such
books, newspapers, writing materials and other means of occupation as are compatible with the interests of
the administration of justice and the security and good order of the institution.
91. An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is
reasonable ground for his application and he is able to pay any expenses incurred.
92. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all
reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject
only to restrictions and supervision as are necessary in the interests of the administration of justice and of the
security and good order of the institution.
93. For the purposes of his defense, an untried prisoner shall be allowed to apply for free legal aid where such
aid is available, and to receive visits from his legal adviser with a view to his defense and to prepare and hand
to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material.
Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police
or institution official.
D. CIVIL PRISONERS
94. In countries where the law perms its imprisonment for debt, or by order of a court under any other non-
criminal process, persons so imprisoned shall not be subjected to any greater restriction or severity than is
necessary to ensure safe custody and good order. Their treatment shall be not less favourable than that of
untried prisoners, with the reservation, however, that they may possibly be required to work.
95. Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights,
persons arrested or imprisoned without charge shall be accorded the same protection as that accorded under
part I and part II, section C. Relevant provisions of part II, section A, shall likewise be applicable where their
application may be conducive to the benefit of this special group of persons in custody, provided that no
measures shall be taken implying that re-education or rehabilitation is in any way appropriate to persons not
convi
LEARNING OBJECTIVES: At the end of this lesson, the students should be able to:
1. Discuss the history of early Philippine Prisons
2. Understand the Classification Process; and
3. Conceptualized the Correctional Treatment Program
Part 1
HISTORY OF EARLY PHILIPPINE PRISONS
The basic law on the Philippine Prison System is found in the Revised Administrative Code, otherwise known
as the Prison law. The law specially referred to as in Section 1705 to 1751 of the said code. The Bureau of
Prison has general supervision and control of national and provincial prison and all penal establishments, and
is charged with the safekeeping of all prisons confined therein or committed to the custody of the said Bureau.
It was in the year 1847 that the first Bilibid Prison was conducted and became the Central place of confinement
for Filipino prisoners, by virtue of the Royal Decree of the Spanish Crown. The plan of the old Bilibid Prison
was such that the brigades were constructed in a radical spokes of-a-wheel form. For easy command and
control, a central tower was placed at the center of the spokes. This was made of strong adobe stones so
sturdy that even to this day after its transfer to the City Government of Manila; it still stands and has been used
by the city of Manila as the City Jail. The place is still famous for its name as the “May Haligue State, at the
nearby Central Market Manila.
In 1936, the City of Manila exchanged its Muntilupa property of 552 hectares with that of the Bureau of prisons
lot in Manila. This Muntilupa state was originally intended as a site for Boys Training School, because it is too
far from Manila, the city of manila preferred the site of the old Bilibid.
Today, the new Bilibid prison operates two satellites units, namely, Bukang Liwayway Camp and sampaguita
Camp. These two camps are located a few hundred meters back of the New Bilibid Prison compound. Bukang
Liwayway houses minimum security prisoners who work in the various projects of the institution. In Camp
sampaguita are located in the Reception and Diagnostics Center, the Medium Security Unit and the Youth
Rehabilitation Center.
The new Bilibid Prison specializes on the industrial type of vacation training. It operates a furniture
shop; shoe repairing, blacksmith and tinsmith shop, auto-mechanics and automobile body building shop,
tailoring, electronics, watch repairing, and carpentry and rattan furniture shop. It is also engaged in truck
gardening, poultry, piggery and animal industry. The desire to complete their high school education.
Philippine Correctional Agencies:
The correctional system in the Philippines is composed of 6 agencies under 3 distinct and separate executive
departments of the national government, namely:
1. The Department of Justice, under this are:
a. Bureau of Corrections
b. Parole and Probation
c. Board of Pardons and Parole
2. The Department of Interior and Local Government, under this are:
a. Municipal, District and City Jails – Which runs the city, municipal and district jails which is operated by
BJMP.
b. Provincial Jails – Administered and supervised through their respective provincial governments.
3. The Department of Social Welfare and Development under this is:
a. Bureau of Child and Youth Welfare
-Coverage: - Coverage:
* New Bilibid Prisons (Main Bldg.) * cities, municipal and district
jails
- Maximum
Throughout the country.
* Camp Sampaguita
- Medium
* Camp Bukang Liwayway
- Minimum
* Reception and Diagnostic Center
(RDC)
* Correctional Institution for
Women (Mandaluyong)
* The Penal Colonies
- Head – Superintendent; for penal - Head – Warden for municipal and
city jails
Colonies
Note: Offenders convicted by the courts to serve sentences of Three or more are kept at the prison facilities of
the Bureau of Corrections, they are classified as National Prisoner; Those meted lighter sentences as well as
those with pending cases before the lower courts are confined in the Provincial Jails under Provincial
Government; While those awaiting trial in the Municipal trial Courts or serving light penalties. E.g. Infraction of
City or Municipal Ordinances; are detained in the city, municipal or district jails under the BJMP. Juvenile
delinquents are normally sent to youth rehabilitation centers under the Bureau of Child and Youth Welfare,
unless the sentencing judge specifically orders that they be confined at the national penitentiary, such as in
cases where the convict acted willfully or the offense committed is grave
REHABILITATION PROGRAM:
Despite the mandate to carry out the death penalty, the bureau believes those prisoners are entitled to the
same basic needs as those in the free society. It also believes in the inmates to potential to change and
become responsible and productive citizens. Thus, various rehabilitation program are available the desire
transformation.
Training Programs:
Both formal and informal education programs are available to national prisoner. Primary and Secondary
education are extended in coordination with the department of education and Culture. A college degree
program in Commerce is also offered to qualified inmates. Since it started in 1985 more than two hundred
inmates have earned their college degrees in prison. Training program also offer vocational and skills
Development course like practical electricity, electronics, automotive and mechanic, handicraft and other art
work.
Religion:
Recognizing the important role of religion in the rehabilitation of prisoner and preservation of prisoner order
and security, inmates are given freedom of worship and are allowed to participate in religion observance seven
days a week.
Provision of Basic Needs:
Inmates are issued two color coded round neck T-shirt and one prison uniform each year. Only the latter is
considered accountability and must be surrendered by the prisoners upon release.
Medical and Dental services are also available, each prison facility has a hospital or infirmary and has at least
one medical doctor and a nurse. 1 peso per day for medicines.
BUREAU OF CORRECTIONS
The correctional system has the general supervision and control of National Provincial Prison and all penal
settlement and are charged with the safekeeping of all prisoners confined therein or committed to the custody
of the bureau.
PENAL INSTITUTION IN THE PHILIPPINES:
There are several operating institutions under the functional direction of the bureau of prison:
A. The National Penitentiary/Insular Prison:
1. Old Prison is located at Oroqieta, Manila, and Constructed in 1847 by virtue of Royal Decree of the Spanish
Crown.
2. Pursuant to Sec.1708 of the Revised Administrative Code.
3. Constructed in a radical Spokes of a wheel form and made strong adobe stones: Formally opened by a
Royal Decree in 1865.
4. Used today as Manila City Jail.
5. Famous name of its name as “May Haligue Estate”.
*The National Penitentiary known as the
N Compounds. ew Bilibid Prisons found in Muntilupa City has three security
1. The Maximum-Security Camp – specializes in the industrial type of vocational training, offers H.S. courses
which accommodate prisoners who are:
a. Serving sentence of 20 years or more;
b. Under disciplinary punishment; and
c. Placed by the Reception and Diagnostic Center (RDC) Classification board.
2. The Medium Camp also known as Camp Sampaguita- Covers those prisoners whose conduct and character
require only ordinary surveillance and who do not fall under maximum security, also where Reception
Diagnostic Center and youth center located.
3. Minimum Security Camp or Camp Bukang Liwayway – includes those prisoners so classified by reason of
good conduct and character and their work assignment.
B. Correctional Institutional for Women (CIW)
PART II
The Classification Process
R eception and Diagnostic Center
In 1953, the Reception and Diagnostic center was established for diagnostic study of prisoners for more
scientific rehabilitation. This is the most forward step in the recognition of modern trends in correctional
administration and modern methods or treatment of offenders. This was effective by the issue of Administrative
Order No. 11 of the Secretary of Justice. From then on, the Reception and Diagnostic center operated as a
separate institution although still housed in the premises of the New Bilibid Prison.
d. STAFF CONFERENCE
Also called the guidance or case conference where the prisoner, drafter undergoing all the taste, interviews
and examinations, appears before the Center's staff in conference to plan out with him his tentative program of
treatment and training. After every member of the staff have given his report, the body votes on what program
of activities the prisoner should undergo including institutional training, recreational program, religious program,
medical and psychiatric services and social services.
e. ADMISSION SUMMARY
The written reports submitted by center’s staff regarding their findings on the prisoner are compiled and form
the admission summary, which becomes the nucleus of the cumulative case history of the prisoners.
f. PRE-RELEASE TREATMENT
It is the program specifically designed and given to a prisoner, during a limited period, prior to his release, in
order to give him an opportunity to adjust himself from the regimented group like in prison to the normal,
independent life of a free individual.
PART III
The Correctional Treatment Program
BJMP MANUAL
POWERS:
The BJMP exercises supervision and control over all district, city and municipal jails. As such, it shall ensure
the establishment of secure, clean, adequately equipped sanitary facilities; and ensure the provision of quality
services for the custody, safekeeping, rehabilitation and development of district, city and municipal inmates,
any fugitive from justice, or person detained awaiting or undergoing investigation or trial and/or transfer to the
National Penitentiary, and/or violent mentally ill person who endangers him/herself or the safety of others as
certified by the proper medical or health officer, pending transfer to a mental institution.
FUNCTIONS:
In line with its mission, the Bureau endeavors to perform the following functions:
a. to enhance and upgrade organizational capability on a regular basis; thus, making all BJMP personnel
updated on all advancements in law enforcement eventually resulting in greater crime solution efficiency and
decreased inmate population;
b. to implement strong security measures for the control of inmates;
c. to provide for the basic needs of inmates;
d. to conduct activities for the rehabilitation and development of inmates; and
e. to improve jail facilities and conditions.
1. DISTRICT JAIL - In large cities or a group of clustered municipalities, a district jail headed by a district
warden.
2. CITY AND MUNICIPAL JAILS - The BJMP operates and maintains city and municipal jails, each headed by
a city or municipal warden.
CORE VALUES:
The BJMP’s officers and staff are guided by the following core values:
a. Commitment - strong sense of dedication to the ideals of the organization and to the public that it serves;
b. Respect for Human Rights - to promote and protect the rights of our fellow human beings;
c. Efficiency/Competence - mastery of important skills for delivery of quality services;
d. Cooperation - willingness to share efforts in implementing plans and achieving goals; and
e. Teamwork - the combined effective action of all personnel.
OBJECTIVES:
The broad objectives of the Bureau are the following:
a. To improve the living conditions of offenders in accordance with the accepted standards set by the United
Nations;
b. To enhance the safekeeping, rehabilitation and development of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release; and
c. To professionalize jail services
PRINCIPLES:
The following principles shall be observed in the implementation:
a. Humane treatment of inmates;
b. Observance of professionalism in the performance of duties; and
c. Multi-sectoral approach in the safekeeping and development of inmates can be strengthened through active
partnership with other members of the criminal justice system and global advocates of corrections.
COMMITMENT - means entrusting for the confinement of an inmate to a jail by a competent court or authority,
for the purposes of safekeeping during the pendency of his/her case.
CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty, gender,
age, nationality, health, criminal records, etc.
c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant,
high ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission and which a commander requires for the successful
completion of the same.
d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or association
consisting of three or more members falling into one of the following basic categories: street gangs, prison
gangs, outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and terrorist
organizations.
e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending to
overthrow or undermine an established government.
f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high seas or
in the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal detention,
crimes involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous and nuclear
waste control, violations of atomic energy regulations, anti-piracy and antihighway robbery, illegal and unlawful
possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far
outside the mainstream attitudes of the society or who violates common moral standards and who has adopted
an increasingly extreme ideals and aspirations resorting to the employment of violence in the furtherance of
his/her beliefs.
h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still
require greater security, control and supervision as they might escape from and might commit violence inside
the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit offenses
and generally pose the least risk to public safety. In most cases, they may be first time offenders and are
charged with light offenses.
B. Records Unit- This unit examines the completeness and authenticity of the requirements for Commitment
(Commitment Order, Booking Sheet, Arrest Report and Information) before it refers the inmate for physical
examination by the Health Unit.
C. Health Unit:
1. Checks the authenticity of the entries in the medical certificate; conducts thorough physical examination of
the inmate to determine his or her true physical condition; and asks searching questions to determine
injury/injuries found to have been sustained by the inmate after the conduct of medical examination or those
injuries not diagnosed prior to commitment in jail. Inmate is required to undress while undergoing medical
examination. A female inmate shall be examined by female health personnel. A male inmate may be examined
by either male or female health personnel;
2. In case of any discrepancy found during physical examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to secure another medical certificate of the inmate.
The commitment of an inmate shall be held in abeyance pending the submission of a new medical certificate
with findings congruent to the medical findings of the jail physician/nurse. The reason for the deferment of
commitment shall be recorded in the jail blotter. In case the committing officer fails to return the inmate to jail
within twenty-four (24) hours, the reasons for the deferment of commitment and the grounds thereof shall be
reported immediately to the court that issued the commitment order;
3. In the absence of a jail nurse/medical personnel, the receiving officer shall refer the person to be committed
to the nearest government health facility for medical evaluation (check the medical certificate and observe the
mental alertness, physical abnormalities and the overall appearance of the inmates); and
4. If no discrepancy is found during physical examination, the inmate shall be referred back to the Records nit.
D. Records Unit -Receives the inmate and the documents from the committing officer and conducts the
following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tattoos, etc.;
c. Encode the inmate's information to the NIMS;
E. Property Custodian
1. Checks the inmate’s belongings for presence of contraband. Discovery of any contraband shall be treated in
accordance with existing policies.
2. Takes all cash and other personal properties from the inmate, lists them down on a receipt form with
duplicate, duly signed by him/her and countersigned by the inmate. The original receipt should be given to the
inmate and the duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault. Said cash and valuables may be turned
over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.
F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a reception area, if
any, where he/she shall be scheduled for orientation on jail rules and regulation, and shall undergo risk
assessment and classification, evaluation and conduct of further medical evaluation/screening by the Medical
Officer.
G. Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail rules and regulations
using the Inmate’s Orientation Sheet.
H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for speedy disposition and
to furnish them with copies of the available needed documents. The jail warden shall see to it that all
concerned agencies and persons will be informed of the commitment of the inmate in his/her jail by submitting
a written report. Through his/her paralegal officer, he/she shall ensure that the courts and prosecutors’ office
are attending to the case of the inmate by constantly coordinating with them for the purpose of speeding up the
disposition of the case. For this purpose, the sharing of nonconfidential information with the concerned
agencies is encouraged.
The following agencies/persons shall be notified by the warden upon commitment of the inmate:
1. Presiding Judge - (monthly submission of list of committed inmates to the presiding judge is mandatory)
2. Executive Judge/ Clerk of court - (monthly submission of committed inmates is mandatory)
3. PNP - mandatory
4. NBI – mandatory
5. Family - mandatory
6. PAO lawyer - in case of indigent inmate
7. IBP legal aide - in case of indigent inmate and unavailability of PAO lawyer
8. Private lawyer - upon request
9. Priest or religious minister - upon request
10. Private physician - upon request
11. Commission on Human Rights - as needed/to submit list of committed inmates monthly
12. Public physician - as needed
13. Psychologist/ Psychiatrist - as needed
14. Embassy - mandatory in case of foreign national/alien
CLASSIFICATION BOARD:
Each jail shall maintain a classification board, if facilities and personnel are available, to be composed of the
following:
Chairperson - Assistant Warden
Member – Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
The inmate is required to appear before the Classification Board for validation of his/her profile. Upon
completion of the classification assessment, the inmate is then apprised of his/her cell assignment and welfare
programs appropriate for him/her. He/she is asked if he/she is willing to undergo this program for his/her own
good. If he/she is willing, the Board will see to it that the program planned for the inmate is followed. Then the
inmate is assigned to his/her cell according to the approved classification.
CLASSIFICATION PROCESS
a. Admission of Inmate - Once the inmate has undergone the registration process; he/she will 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 thirty (30) days but not exceeding sixty (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.
b. Medical Examination - The jail medical Officer or the jail officer designated nurse of the Health Unit will
conduct a thorough physical examination on the newly committed inmate and will note down significant bodily
marks, scars, tattoos and lesions based on the medical certificate presented by the committing officer. He or
she must ensure that his/her findings are congruent to the medical certificate presented. Any discrepancy shall
warrant further investigation by and reporting of the same to the CHR.
c. Results of the medical examination shall be recorded and shall bear the signature of the physician or nurse
who conducted the examination. Medical issues will be attended to accordingly.
d. Dental Examination - The jail dentist shall perform a thorough dental examination and recording of his or her
findings. The record shall bear the signature of the dentist who conducted the examination. Dental issues that
need immediate attention shall be so attended to accordingly.
f. Social Case Study - The jail social worker at the ICCU shall conduct in-depth interview with the newly
admitted inmate, an interview that considers the "who the inmate is" from birth up to the present including
his/her familial, educational, social, vocational and other issues that has an impact on his/her personality. The
findings will be recorded and shall bear the signature of the social worker who conducted the assessment. In
jails without ICCU, the interview will be done by the social worker-in-charge upon the order of the court or as
requested by the medical officer, the psychiatrist or the duly designated jail warden for specific purposes.
g. Risk Assessment - A risk assessment tool shall be utilized to determine the level of violence/risk the inmate
poses, either external or internal. This will help in the proper classification and segregation of inmates and in
the design of specific development plans.
h. Psychiatric Evaluation - Using the results of the psychological examination, social case study, and risk
assessment, the psychiatrist conducts a psychiatric evaluation to determine the present mental state of the
inmate and to diagnose any existing psychiatric illness for further treatment. The result will be recorded and
shall bear the signature of the psychiatrist who conducted the examination.
The inmate shall undergo psychiatric evaluation under the following conditions:
1. The jail psychologist refers the inmate for further evaluation;
2. The court orders the psychological/psychiatric evaluation of the inmate;
3. The inmate was/is manifesting behavioral oddities;
4. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had previous
psychiatric consultation or had undergone psychiatric treatment;
5. The inmate discloses or admits upon inquiry by the admitting health staff that he/she had attempted to
commit or had committed suicide or that he or she has noticeable body marks or scars indicating history of
suicidal behavior;
6. The inmate discloses or admits that he or she has a history of recent torture, or he or she has been a victim
of physical abuse or domestic violence;
7. The inmate discloses upon inquiry by the health staff that he/she has recently ingested/abused illicit
substances or that he or she is an alcohol or other illicit substance dependent;
8. The disciplinary board referred the inmate for further evaluation and management; and
9. The inmate is a recidivist for heinous crimes or was charged of a sexual offense or was considered as
violent sex offender. The working diagnosis will be recorded at the inmate’s health assessment card and the
details of the examination will be written in the psychiatrist’s logbook provided by the jail health unit. Every
examination result shall bear the signature of the examining psychiatrist.
i. Case Management - Each inmate will be assigned to a specific case manager who may either be a
psychologist, a social worker or a nurse. The case manager shall be responsible for the consolidation of all the
results and shall make the proper decision as to the classification of the inmates and the identification
development programs for each inmate.
j. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall be oriented on the basic
jail rules and regulations. He/she shall be introduced to the different development programs that would best
promote his/her personal growth. In this phase, the newly committed inmate shall likewise undergo counseling
for him/her to develop better coping skills thereby preventing psychological imbalance in the early phase of
incarceration.
k. Inmate Evaluation and Classification - Using the different tools of assessment, the newly committed inmate
will now be classified based on the level of risk and present physical, mental and emotional state.
m. The newly committed inmate is encouraged to participate in the recommended development programs.
n. Monitoring - After the inmate has been transferred to his/her assigned cell and has been attending the
prescribed development programs, the case manager shall periodically monitor, and change and enhance
inmate's development program/s depending on his or her behavioral progress.
DISCIPLINARY BOARD
A disciplinary board shall be organized and maintained for the purpose of hearing disciplinary cases involving
any inmate who violates jail rules and regulations. It shall be composed of the following:
1. Chairperson - Assistant Warden
2. Member - Chief, Custodial/Security Office
3. Member - Medical Officer/Public Health Officer
4. Member - Jail Chaplain
5. Member - Inmates Welfare and Development Officer
6. Member - Inmates’ Representative If the above composition is not feasible because of personnel limitation,
the warden shall perform the board’s functions and he shall act as the summary disciplinary officer.
2. For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service within the jail premises;
d. Temporary or permanent cancellation of some or all recreational privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar month, provided that
this disciplinary action shall be imposed only in the case of an incorrigible inmate, and when other disciplinary
measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with the Court;
h. Suspension of visiting privileges for a period not exceeding one (1) month, provided that this sanction shall
not apply to the lawyer, physician or religious minister serving the needs of the prisoner.
i. Permanent cancellation of visiting privileges with respect to persons not included in the definition of
immediate family under RA 7438, provided that this sanction shall not apply to the lawyer, physician or
In addition to the above-mentioned punishment, the disciplinary board may recommend to the warden partial or
full forfeiture of good conduct time allowance (GCTA) to be earned for a particular month and subsequent
months depending upon the gravity of the offense.
3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication, transaction, or investigation;
b. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates;
c. Giving gifts, selling, or bartering items 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. Concealing 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. 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 or lascivious acts;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
2. Before an inmate is released, he/she shall be properly identified to ensure that he/she is the same person
received and is subject of release. His/her marks and fingerprints shall be verified with those taken when
he/she was received. Any changes or differences in his/her distinguishing marks and scars shall be
investigated to ascertain his/her real identity in order to prevent the mistaken release of another person;
3. No inmate shall be released on a mere verbal order or an order relayed via telephone. The release of an
inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity, or filing of bond, shall take
effect only upon receipt of the release order served by the court process server. The court order 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 identify the inmate to be released;
4. Upon proper verification from the court of the authenticity of the order, an inmate shall be released promptly
and without unreasonable delay;
5. Under proper receipt, all money earned, other valuables held and entrusted by the inmate upon admission,
shall be returned to him/her upon release; and
6. The released inmate shall be issued a certification of discharge from jail by the warden or his/her authorized
representative.
PROCEDURE ON RELEASING
The procedures shall be observed when inmates are to be released from detention.
1. Desk Officer Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for
verification of the authenticity of said order.
2. Paralegal Officer Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Check’s inmate records to ensure that the data in the release order coincide with the data in the inmate’s
Upon release of the inmate, the warden shall notify the following agencies/persons:
1. Barangay Captain - mandatory
2. Priest or religious minister - mandatory
3. Family - if release is not witnessed by any member of immediate family
4. Court - in case of convicted inmate
BASIC POLICY - As a general rule, inmates with special needs should not be held in jails with other “regular”
inmates. For example, female inmates should be confined in institutions separate from those used for males,
and male youth offenders should not be mixed with adult offenders. However, given the reality relative to
budget constraints, increasing inmate population, insufficient facilities and inadequately equipped detention
homes, wardens and jail officers shall endeavor to provide the best arrangement they can make for such
inmates, in keeping with this rule. It is assumed that the inmates have been properly evaluated and classified
for this purpose.
2. Drug Users/Dependents/Alcoholics
3. Mentally-ill
a. Inmates manifesting signs and symptoms of mental illness must be referred to the jail psychiatrist for
evaluation and treatment;
b. Disturbed inmates (mentally-ill inmates) should be transferred to mental institutions for proper psychiatric
treatment upon the issuance of a court order;
c. Close supervision and medical management of mentally-ill inmates should be maintained by a jail medical
personnel;
d. Place the mentally-ill inmates in separate dorms or in a special restraint room provided for violent cases; and
e. Maintain close supervision over inmates to guard against suicidal attempts or violent attacks on others.
4. Lesbian, Gay, Bisexual, Transgender (LGBT) a. Segregate LGBTs to prevent their maltreatment and abuse
by other inmates and to prevent them from maltreating and abusing other inmates.
5. Sex Offenders a. Inmates charged with sexually-related crimes should be segregated to prevent them from
taking advantage of other inmates; and b. Maintain close supervision and control.
6. Suicidal Inmates
a. Inmates manifesting signs and symptoms of depression/suicidal tendency must be referred to the jail
psychiatrist for evaluation and management;
b. Inmate who attempts to commit or has attempted to commit suicide must be transferred to a government
psychiatric hospital immediately upon issuance of court order;
c. Maintain close supervision over suicidal inmates at all times and designate personnel trained to handle such
cases; and
d. Subject them to frequent strip/frisk searches, and greyhound operation for tools/materials that can be used
for suicide.
7. Sex Deviates
a. Homosexuals should be segregated immediately to prevent them from influencing other inmates or being
maltreated or abused by other inmates; and
b. Likewise, other sex deviates should be separated from other inmates for closer supervision and control.
8. Escape-Prone Inmates
a. Escape-prone inmates should be held in the most secure quarters, preferably in single-inmate cells, to
minimize their contact with one another;
b. Their conduct/behavior should be closely watched/observed during and after visiting hours and their
activities, closely monitored;
c. They should be frequently strip searched and their quarters frequently inspected;
d. Special attention should be given to the examination of items recovered from strip searches; and
e. Telephone calls must be restricted and only calls that can be monitored through an extension line shall be
allowed.
10. Children in Conflict with the Law (CICL) Pursuant to the RA 9344, CICL shall not be confined in jails.
Hence, serious efforts shall be exerted by Wardens to immediately transfer the custody of any CICL to a Youth
Detention Home or Youth Rehabilitation Center.
a. Upon admission, CICL shall be subjected to a thorough physical examination. The results of such
examination shall form part of the records of the case of the CICL;
b. Provide a separate detention cell for CICL;
c. Continuously coordinate with the Public Attorney’s Office (PAO) for the provision of paralegal assistance to
expedite CICL cases;
d. Continuous coordination and follow-up of CICL cases should be made facilitate the provision of appropriate
intervention programs by the DSWD;
e. The “Law on Proportionality" in the implementation of rehabilitation programs should be observed making
said rehabilitation programs distinct and different from those given to adult inmates;
f. Unless absolutely necessary, a child in conflict with law should not be handcuffed nor other instruments of
restraint applied on him/her, when he or she attends hearings or when he or she is brought to the hospital or is
transferred to other institutions;
g. The use of vulgar or profane words should be avoided in dealing CICL;
h. CICL should not be required to wear prison uniforms; and
i. Upon release from confinement, the records of the CICL shall be sealed, and at an appropriate time,
expunged.
B. To ensure that minimum standards in security and control are maintained, the following policies, guidelines
and procedures shall be strictly implemented in all jail facilities:
1. Each newly admitted inmate shall be thoroughly searched for weapons and other contraband immediately
upon arrival in the facility;
2. All inmates must be searched thoroughly by the duty personnel whenever they enter or leave the security
areas;
3. Conduct surprise searches on inmates and inspection of their quarters and other areas accessible to
inmates at least once a week to detect and flush out contraband;
4. Maintain an updated written emergency operation plan such as but not limited to natural and man-made
calamities and other jail disturbances. These plans must be made known to and understood by jail personnel
through the conduct of regular dry runs;
5. Maintain a journal of activities, emergency situations and unusual incidents;
6. Maintain a key control center for storing keys that is inaccessible to inmates and unauthorized persons.
There shall be an accounting system for issuing and returning of keys. There shall be a reporting system for
documenting and repairing broken or malfunctioning keys or locks. Inmates shall be prohibited from handling
jail security keys;
7. There shall be one (1) full set of duplicate keys, secured in a place accessible only to jail personnel for use
10. All firearms, ammunition, chemical agents, related security and emergency equipment must be inventoried
and tested at least quarterly to determine their condition and expiration dates, as the case may be. This shall
include regular inspection of fire extinguishers and other detection and suppression systems available;
11. All tools, toxic, corrosive and flammable substances and other potentially dangerous supplies and
equipment shall be stored in a locked area which is secure and located outside the inmate’s area. Tools,
supplies and equipment which are particularly hazardous shall be used by inmates only under direct
supervision;
12. Conduct daily inspections of all security facilities (i.e. closed circuit televisions, ceilings, window grills, iron
bars, etc.) and document all findings. Any tampering or defects detected must be reported in writing to proper
authority for immediate action;
13. Regular conduct of "guard mounting" for all "incoming duty" of the Custodial Unit and for the members of
Escort Unit before their assumption of duty to remind and update them of the policies/guidelines pertaining to
security and control;
14. Conduct regular count of inmates at least five to six (5-6) times within a 24-hour period and strictly
implement the established procedures in counting inmates (See Section 35). Personnel conducting the count
shall record the result;
15. Prohibit inmate’s visitor to stay inside jail premises beyond authorized visiting period regardless of any
reasons; (Refer to ANNEX “B”)
16. Inmates shall be supervised at all times whenever they are outside their cells;
17. Never allow any personnel under the influence of intoxicating beverage to enter the jail facility or to perform
an official duty;
18. Carefully select the inmates to be utilized as jail aide and maintain rigid control over their activities. Never
allow inmate to be utilized for any janitorial services at jail offices, restricted areas, and/or for errands outside
the jail premises. In no case shall an inmate be allowed to perform clerical duties or to have access to
personnel files and other official documents;
19. Never allow a jail officer to render successive shifts of duty except in cases of emergencies;
20. Never allow jail personnel to open inmate’s quarters alone. At least one (1) other jail officer should be
present and guarding the gate;
21. Inmates should be taken out of jail only upon written order of the Court;
22. Ensure that all vehicles and persons entering the jail premises are properly searched in accordance with
the existing policies/procedures;
23. Regularly inspect and check the availability of emergency lights and other emergency equipment and
ensure that each personnel rendering night shift duties has one (1) flashlight, nightstick/baton and whistle; and
24. As regard the use of force:
a. Use of force shall be limited to instances of justifiable self-defense, prevention of self-inflicted harm,
protection of others, prevention of riot, commission of a crime, escape or other jail disturbance and to
controlling or subduing an inmate who refuses to obey a lawful command or order;
b. Use of force shall be limited to the amount of force necessary to control a given situation and shall include a
continuum of escalating force levels;
c. An examination and/or treatment by health personnel shall be provided to prisoners or staff involved in a use
of force incident when there is obvious physical injury or there is a complaint of injury or request for medical
INMATES COUNT - It is imperative that at specified times during each 24-hour period, all inmates are
physically counted. For this type of count, the general procedures are as follows:
a. Count each inmate physically at specified times or as necessary;
b. During the count, ensure that all movements of inmates are stopped until the count is completed;
c. The count must be accurate. Make a positive verification to ascertain that the inmates are physically present.
Refrain from conducting a count on the basis of only having seen any part of his clothing, hair or shoes
d. Submit a report of each count of a group of inmates to the warden and/or assistant warden (officer of the
day); and
e. If the total jail count does not tally with the total jail population at any given time, conduct another count.
Render an immediate report to the warden and/or assistant warden (officer of the day) relative to any
unaccounted inmate.
SECURITY PROCEDURES DURING MEAL SERVICE - Security must be considered in serving food inside
the cells/quarters. A jail officer should not enter the inmates’ quarters to distribute food unless another officer is
available to handle the keys and control the entrance door.
DINING ROOM SECURITY - For jail facilities that have separate dining or mess halls, the following shall be
observed:
a. As a general precaution, individual mess utensils of inmates shall be made of plastic;
b. When dining rooms are provided, the inmates should march in columns of two’s along designated routes
under the supervision of jail personnel. Other officials to direct the orderly movement of inmates to and from
the mess hall must be stationed along the routes;
c. Designate a roving supervisor to handle any disturbances or settle complaints;
d. After every meal, all utensils used by the inmates should be collected. Jail personnel should strictly
supervise this to ensure that no utensils are brought out the dining room; and
e. Check and account for all forks, spoons and other kitchen utensils after every meal.
MAIL SERVICES AND CENSORSHIP - Mail service shall be provided to all inmates provided that all outgoing
and incoming mail matters are passed through a designated Censor Officer in order to intercept any
contraband or illegal articles and any information affecting the security of the jail. The following procedures
should be strictly observed when censoring mail:
a. There shall be no limitation on the amount of incoming or outgoing mail or correspondence when the
inmates are responsible for the cost/s of postage;
b. Incoming inmates’ mail, correspondence and packages shall be opened and inspected to intercept cash,
checks, money orders and contraband. The censor officer shall observe the documentary procedures in
disposing of intercepted items;
c. Legal mail or correspondence shall be opened and inspected in the presence of the inmate to intercept
contraband;
d. Mails shall not be distributed to the inmates until the censors have examined them. Mail shall only be
opened and searched by qualified, trained and authorized jail personnel in the presence of inmate addressee;
e. Any currency, checks or money found in the letter should be turned over to the Trust Officer/Property
Custodian. The receiving officer should indicate the amount received on a "receipt form" in duplicate. The
original receipt signed by the receiving officer should be kept for the record and the duplicate copy should be
given to the inmate;
f. Carefully examine all greeting cards and collect fillers of any kind found therein for laboratory examination;
g. Photographs that are clearly within the scope of jail regulations should be marked on the opposite side and
placed in the envelope;
h. Bring to the warden’s attention any item or correspondence or enclosure that does not conform to
regulations or are detrimental to security, order and discipline of the jail;
B. An inmate may be transferred to another institution only upon specific order of the court having jurisdiction
over him/her, except in cases of serious illness where hospitalization is necessary, and the inmate has to be
immediately taken to the nearest hospital upon recommendation of the health officer. In this case, the jail
warden, or in his/her absence, the officer in-charge, shall immediately notify the regional director and the court
concerned within six (6) hours after the inmate is brought to the hospital or within six (6) hours from the first
hour of the following day (BJMP Revised Policy on Hospitalization and Death of Inmates dated 29 July 2010);
C. In the case of inmates classified as high-risk/high-profile and detained in small and remote jail facilities or in
jails not considered as high security facility, their transfer to a better secured jail shall be effected provided a
prior request is made from the executive judge who has administrative supervision over the court in the place
where the jail in which the inmate is detained for his/her immediate action, approval and notification to the
court’s Presiding Judge (See ANNEX “C” - Supreme Court Administrative Circular Nr 68-2005);
D. In any emergency like riot or other jail disturbance that happens on a weekend and when the immediate
transfer to other BJMP-manned jails of inmates involved is necessary to ensure the safety of other inmates and
security of the jail, the warden, under such compelling situation, can recommend to the regional director,
verbally or in writing, their immediate transfer to another jail, provided that, on the first hour of the following
working day, the court concerned must be informed of the said transfer and a commitment order must be
issued, otherwise, the return of the transferred inmates is imperative. Provided, however, that those inmates
F. Inmates who wish to view the remains of a deceased relative within the second degree of consanguinity or
affinity and whose motion for that purpose was approved by the court as proven by a valid court order issued
to the warden shall be required to submit a written request to the warden at least three (3) days before the date
of viewing and which request should be accompanied by the following documents:
1. Death Certificate of the deceased relative duly certified by the attending physician or local civil registrar;
2. The appropriate certificate as indicated after the name of the deceased relative, to wit:
a. Spouse - marriage contract;
b. Children - birth certificates of the deceased child and marriage certificate of the inmate and his/her spouse;
c. Father or Mother - birth certificates of the inmate and his/her deceased parent;
d. Brother or Sister - birth certificates of the inmate and his/her deceased sibling;
e. Grandparent - birth certificates of the inmate and his/her parent who is the child of the deceased
grandparent; and
f. Grandchild - birth certificates of the inmate and his/her child who is the parent of the deceased grandchild.3.
Sketch map of the place where the remains lie in state.
G. Immediately upon receipt of the court order, and with the inmate's written request yet to be submitted, the
warden shall order the Jail intelligence unit to conduct reconnaissance operation in the area where the remains
of the deceased still lie in state, to assess any threat against the inmate and/or his/her security escorts, to
locate the place of burial, and to conduct route survey to establish a safer and better route for the escorts;
H. In case of Muslim inmates, it shall be ascertained whether the date indicated in the Court Order for the
inmate or inmates to view the remains their deceased relative/s within twenty-four (24) hours from the time of
the death of his or her/their relatives. This is view of Muslim customs and traditions, providing among others
burying the dead within twenty-four (24) hours after death.
I. The warden shall timely oppose the request and timely notify the court of his or her inability to comply with
the order allowing the inmate to be escorted out of the jail to view the remains of a deceased relative in any of
the following cases:
1. The deceased relative is lying-in-state in a place beyond thirty-kilometer radius from the jail or, in any case,
where the inmate cannot return to said place during daylight hours;
2. The inmate has a record of escape or attempted escape;
3. The inmate has two (2) or more pending criminal cases or is a material witness in a pending criminal case;
4. The inmate is classified as high risk, high profile, high value or violent extremist offender;
5. The inmate cannot be assured of his safety and security, or his escape is highly possible; and
6. There is an intelligence report that the inmate will escape or will be rescued.
J. If approved, the inmate shall not be allowed to stay more than three (3) hours in the place where the remains
of the deceased relative lie in state. Further, in no case shall the inmate be allowed to join the funeral cortege.
B. Chief Escort
1. Coordinates with the records section chief and determines the number and names of inmates scheduled for
court hearing as well as their respective destinations as approved by the warden;
2. Conducts guard mounting and accounting of the members of escort unit and carefully inspects their service
firearms including other equipment to be used;
3. Coordinates with the custodial unit the list of inmates scheduled for court hearing and assumes responsibility
over them after they are properly accounted for and turned over by the custodial unit;
4. Records in the Jail Blotter the purpose, date, time, branch of court and other destination of each
movement/transfer of inmates. Maintain a logbook or database for Escort Unit indicating there in the same data
to include the date and time of arrival as well as the occurrence of untoward incident, if any, as well as the
C. SPECIFIC FUNCTIONS
1. Officer-of-the-Day (OD)/ Chief Custodial Unit:
a. Assists, advises and recommends to the warden plans or strategies regarding jail situation, personnel
deployment and activities to be undertaken inside the jail facility;
b. Monitors in-coming communications from higher offices, courts, LGU’s, and other offices;
4. Gate Supervisor:
a. Supervises/monitors the conduct of searchers and other duty personnel at the gate;
b. Ensures that the duty personnel at the gate are always courteous/polite to visitors;
c. Ensures strict implementation of the SOP on the conduct of body searches on jail visitors and inspection of
their belongings, and disallows visitor who refuses to be searched to enter the jail
facility;
d. Is responsible for the temporary safekeeping of firearms and other properties not allowed inside jail facility
and brought by organic and non-organic personnel and other law enforcement personnel;
e. Supervises the inspection of all vehicles that pass through the gate, and makes sure that all trips of official
bureau van are for "official business" only;
f. Records activities/events at the gate;
g. Reports to proper authority any unusual incident in his AOR; and
h. Performs such other functions as higher authorities may direct;
8. Roving Guard:
9. Tower Guard:
a. Acts as the eyes of the whole facility for the duration of TOD; hence, must be very alert and observant;
b. lmmediately alerts any personnel via handheld radio or sounds the alarm upon noticing any unnatural
event/s inside and outside of the facility;
c. Gives or sounds the alarm when calamity threatens the facility;
d. Instantly alerts all personnel in the event of any disturbance perpetrated by inmates and that occurs more
often when inmates are to perform tasks/activities in areas or places outside their cells;
e. Using his utmost and sound discretion, fires warning shots during disturbances, attacks from enemy forces,
and when inmates are trying to escape by scaling the wall or when inmates are in the act of actually destroying
parts of the facility;
f. Must not allow any inmate to be in his designated place of assignment;
g. Religiously adheres to the eleven (11) general orders during the tour of duty;
h. Closely monitors the situation within his area of responsibility and immediately reports to higher authority
any unusual circumstances;
i. Alarms the higher authority as the need arises; and
j. Performs such other functions as higher authorities may direct.
D. SEARCHES – PROCEDURES
To attain 100 percent effectiveness of every search, it demands dedication, cunning, wit, and firmness of every
searcher. Searchers should possess qualities and characteristics that are unbendable by temptations, threats
or pressure, demands and intimidations by inmates, visitors or colleagues in the uniform service. Basically,
everything that goes in inside the jail passes through searchers. Searchers comprise the first line of defense to
thwart the entry of all contrabands and the last line of defense when communications aimed to besmirch or
embarrass the jail bureau come from inside the jail. It is a fact though, that contrabands were often slipped into
the jail by erring personnel. It is most imperative therefore that pre-emptive measures to ensure that
proliferation of these items will be curtailed once and for all.
NOTE: Any personnel involved in the confiscation of contraband during his/her official TOD refuses or refuse to
stand as witness during the trial shall put in writing his/her or their reasons, stating therein all circumstances
and compelling grounds of his/her or their withdrawal with the same duly notarized. His/her or their
failure to act in the interest of the bureau will be dealt with accordingly.
V. Escort procedures
1. Escorting inmates from Jail Unit to another or to other destination is an intrinsically risky function considering
that both personnel and inmates are vulnerable to any sorts of danger from unfriendly forces. In escorting, an
inmate has contact with the outside world which makes him more psychologically pumped up to seek freedom
using any means necessary for him to escape either by the help of other people or himself. Lawless elements
or civilians will have the best opportunity to abduct or assassinate inmate/s that may itself endanger escort
personnel in the process.
2. Escorting is authorized by law but there have been many cases where it is abused by erring personnel.
Eventually, this leads to escape by prisoners and sometimes results in casualties of personnel, more so;
henceforth, putting the Bureau in a bad light and embarrassment. Strategic and careful planning prior to any
movement by the warden and chief escort is indeed necessary. Thus, members of escort team shall first be
briefed and notified about any scheduled movement. Proper coordination with friendly forces in the locality
while en route to any destination is a must. Intelligence gathering shall be made inside jail units and around
AOR before any movement is done. Therefore, escorting procedures must be strengthened and strict
compliance with the same by escort personnel ensured. It is not enough that escorting personnel adhere to
existing rules and SOP’s. Equally or even more important is the assumption by the personnel concerned of the
“sense of great responsibility." Professionalism, team work, proficiency and cohesion must also be
inculcated in them. Stiffer penalty shall be imposed those who shall be found violating SOP’s, most especially
in cases resulting in escape by an inmate or inmates.
1. Before Leaving for Court:
a. The prisoners’ van must be thoroughly checked (BLOW BAGETS) and inspected for the presence of
explosives;
b. The inmate/s must be searched or frisked at the cell gate for any weapon, key and other prohibited items
before he/she or they step or step out his/her or their cell;
c. Before letting the inmate or inmates board the prisoners' van, proper identification of the inmate or inmates
must be conducted by both custodial and escort personnel to ensure that such inmate or inmates is/are the
same as the one or those whose name or names appears or appear in the list of inmate or inmates to be
escorted for the court hearing;
d. Otherwise notified in Open Court, names of inmates for the day’s scheduled hearing shall be announced
“only” in the morning to deter inmate’s plan to escape;
e. A Standard Operating Procedure (SOP) must be practiced, Right-to Right or Left-to Left in placing handcuff
to inmate in pairs; and
f. Aside from the issued standard two-way radios, “NO” escort personnel including the official driver shall use
personal cellular phone while escorting en route to and from the court. Only the chief escort shall have the
privilege to use cellular phone while escorting but he or she limited to official communication/s only.
4. Medical Referrals:
a. Authentic court order for the inmate to undergo Medical check-up must be obtained;
b. In cases of "between life and death situations," whether the cause is natural or one that resulted from a fatal
injury inflicted inside the jail, the inmate or inmates must be referred to personnel concerned for
appropriate medical care and attention;
c. In emergency cases, the duty doctor, medical staff or jail nurse shall immediately assess the inmate or
inmates to determine whether or not the inmate or inmates is/are in great danger or whether or not the life of
the inmate or inmates is in peril if he/she or they is/are left unattended.
d. During confinement of an inmate or inmates in a hospital, the escort duty must not exceed an eight (8) hour
tour of duty especially when the illness of the inmate or inmates is contagious;
e. Always adheres to the buddy system when escorting at hospital;
f. Must strictly limit the number of relatives, friends or civilians visiting inmate patient or patients especially
when the inmate patient or patients is/are a high risk /a high profile inmate or high risk high
profile inmates VEO’s; and
g. When the confinement of an inmate or inmates in a hospital or when the medical evaluation of an inmate or
inmates is deemed too risky or when the escorts are reasonably few, the warden shall immediately
make a formal letter to the court stating therein valid reasons for their inability to bring the inmate or inmates to
the hospital and he/she shall request the court to direct a government physician to treat or conduct
checkup of the inmate or inmates inside the jail.
7. Movement Schemes:
a. Prior to any movement of HR/HP inmates and VEO’, unit intel shall coordinate with the intel community in
his AOR and in the place where the inmates/s will be taken. The result of his work shall be relayed
immediately to the warden and escort team leader evaluation and concomitant planning for counter intelligence
operations, as the need be;
b. The warden is duty bound to personally coordinate with the local chiefs of police and other friendly forces for
assistance and/or back up en route to the destination. In his absence, the assistant warden shall do
the task;
c. Upon assurance of assistance or back up from the PNP or other friendly forces, the warden shall initiate
strategic planning, tactical briefing or brainstorming with team for other possible options that will ensure
safety of all personnel and inmate/s;
d. The team shall then without delay proceed, maintaining an open communication with PNP counterparts or
friendly forces as regards route security. However, the details of any route to be taken shall solely rest under
the discretion of the Escort Team Leader and members as planned;
e. Personnel aboard the main and back up vehicles shall maintain open communication while in transit and
shall treat other vehicles especially those vehicles without plate numbers or conduction stickers as carrying
would be rescuers or assassins of the HR/HF inmate and VEO’s. Personnel shall make hand signal for other
vehicles to go slow or to overtake the convoy;
f. Deviation is not allowed. However, to deviate from the shortest route when there is a clear and present
danger shall be allowed swiftly with prudent assessment of the team leader and/or members of the team to
ensure everyone’s safety;
g. As much as possible, the route taken in going to the destination must be avoided during the return of the
team to the jail unit. Alternate routes should be pre-identified, and security threats assessed for smoother travel
with delay in returning to the jail unit avoided, and
h. When engine malfunctioning is experienced while on transit, pull over in a safe part of the way is
recommended. The driver shall immediately assess the cause of the engine's malfunctioning and solve the
same. The team members must be on high alert making sure that the safety of the inmate and all escort
personnel is in place. If the vehicle is totally broken, the other vehicle shall be used immediately and notice
about the possible delayed arrival should be provided the warden and the court concerned.
Escort Personnel
2. Receives the inmate and documents related thereto from the committing officer, and conducts the following:
a. Start the booking procedures;
b. Accomplish the jail booking sheet;
c. Strip-search the inmate to check for any birth marks, tattoos, etc;
d. Encode the inmates’ information in the NIMS; e. Fingerprint and photograph the inmate with mug shot
background; and
f. List the names of the visitors authorized by the inmate.
3. Apprise the inmate about the provisions of Art 29 as amended by R.A.10592 in the dialect that he or she
understands;
4. Facilitate the signing of the detainee’s manifestation if he/she agrees to abide by the same disciplinary rules
imposed upon convicted inmates. Otherwise, the Warden issues a certification under oath manifesting that
C. Other Functions
1. To escort and secure dangerous inmates in high-risk situations;
2. To provide services for major jail operations;
3. To resolve siege and hostage situations, as well as armed offender situations;
4. To provide a negotiation service in high-risk and critical situations;
5. To undertake searches of jail premises in high-risk situations; and
6. To neutralize jail disturbances that may arise at any of the BJMP facilities, using the necessary force to
maintain and restore peace, discipline and order inside jail premises.
C. Team Composition
a. Team Leader
A former STAR Team member or have undergone Quick Response Training.
b. Assistant Team Leader
Have undergone Quick Response Training.
c. Members
Have undergone Quick Response Training.
NATIONAL INMATES’ MONITORING SYSTEM (NIMS) – A dynamic stand-alone client application software is
used in Bureau of Jail Management and Penology (BJMP) Jails nationwide in automating the inmates’
records.
A. SCOPE
NIMS is currently installed in all BJMP jails nationwide. Which includes, but not limited to:
1. 460+ Jails
2. Jail Provincial Administrator’s (JPA) Offices
3. BJMP Regional Offices
B. PROCESS FLOW
1. Jail Level
a. Committed inmate will undergo a jail booking; b. Inmates’ information will be encoded thru NIMS within jail
level;
c. 100% data within the jail; and
d. Will be submitted to provincial/regional Office for consolidation.
2. Provincial/Regional Level
Consolidates and submits consolidated data from jail level for regional level consolidation.
3. National Level
a. Submitted data from Provincial/Regional Level will be Consolidated for National Level Consolidation;
b. Consolidation of database will be on the National Level; and
c. BJMP National Headquarters having a nationwide database for inmates’ records.
B. OPERATIONS GROUP
1. Security Teams – They shall ensure the security of operatives throughout the span of the operation.
a. Perimeter Security Elements – They shall secure the perimeter of the facility.
b. Holding Area Security Elements – They shall secure the holding area of the inmates.
2. Contraband Search and Seizure Teams - They shall be responsible in thoroughly searching and checking
the quarters of inmates and personnel for contraband and such other items that may pose hazards to the
overall security of the facility.
a. Team Supervisor - Other than the team leader and the assistant team leader, a team supervisor will be
designated to directly oversee the inspection of each cell. He shall be responsible in making sure that
all items confiscated are properly documented, tagged and turned-over to the contraband custodian.
b. Searching Elements - They shall be primarily responsible in the search and seizure of contraband and the
removal of unauthorized structures inside the facility.
c. Inmate Representative - An inmate made to witness the operation must come from the particular cell being
searched. He will act as the representatives of his fellow inmates to validate the claims of
ownership of the items seized.
3. Friskers
a. Friskers of Personnel - They shall have all operatives designated to frisk inmates and cell searchers frisked
before the conduct of the search and seizure operations. They have to make sure those
designated friskers of inmates and cell searchers do not bring any of their personal belongings with them in the
conduct of their function to preclude malice that these possessions were ill-gotten; hence, they have to have
their personal belongings turned-over to their designated assistant team leader for safekeeping. They will
likewise ensure that personnel directly handling contraband do not furtively take any of the
items they have confiscated.
b. Friskers of inmates - They shall have all inmates lined up and frisked before sending them to the holding
area. Any contraband found to have been concealed by the inmate will be confiscated and
turned over to the recorder for proper documentation.
c. Strip Searching-in-Charge - He shall primarily be responsible, when deemed necessary, to have inmates
stripped in search for contraband. It will likewise be his primary responsibility to coordinate with the legal
services group in executing legal procedures as not to infringe the rights of the inmate being subjected to strip
search. In no manner will the person supervising the strip search be allowed to touch his subject
SCHEDULE OF JAIL PERSONNEL - The jail warden shall draw a plan or a schedule of leave of absence for
his men and a plan or schedule of rotation/designation of jail designation of personnel within his/ her AOR to
avoid depletion of manpower at any time of the day.
MAIL SERVICES
a. Mail service shall be provided to all inmates provided that all outgoing and incoming mail matters shall pass
through the designated censor officer in order to prevent the entry of contraband or illegal articles and entry or
exit of information affecting the security of the jail.
b. The inmate sending out any mail matter shall open his mail/package and have it read and inspected by the
designated censor officer. If the mail is cleared for dispatch, the inmate shall close and seal the mail and place
the same in the outgoing mail box. He shall likewise receive incoming mail or mails that has or have been
previously cleared by the Censor Officer. If the outgoing or incoming mail has contraband or harmful
information, such matter shall be registered as violations of jail rules and regulations and
shall be to the Disciplinary Board for immediate adjudication.
c. The designated jail staff shall collect the inmates’ mail matters on a daily basis, Monday through Friday.
d. Inmate’s letters or any other mail matter shall be sent as registered, certified, stamped or special delivery if
they so desire at their expense. The letters will be processed in accordance with procedures for the handling of
mail.
e. An inmate under disciplinary segregation shall be allowed full correspondence privileges, unless this
misconduct involves a serious violation of correspondence regulations.
f. Inmates who receive or send money through the jail mail service shall be under the supervision of the
Warden.
OTHER SERVICES– Other services such as legal assistance or specialist services shall be provided subject
to jail policies and guidelines as approved by the Chief, BJMP.
GENERAL RULES - Regardless of the types of functions to be performed and/or jail operations to be
conducted, all BJMP units and personnel shall comply with and apply the following rules:
a. Under all circumstances, use of force is justifiable only by virtue of the Doctrines of Self-Defense and
Defense of a Stranger;
b. The use of force shall not be resorted to except when strictly necessary for the maintenance of security and
order, or when personnel’s safety is threatened;
c. The use of force shall not be resorted to except in self-defense or in the defense of others against grave and
imminent threat of death or serious injury, or when strictly necessary such as escape of an inmate;
d. As far as possible, non-violent means must be exhausted prior to use of deadly force;
e. Whenever the lawful use of force and firearms is unavoidable, jail officers shall:
1. Exercise restraint in such use and act in proportion to the seriousness of the offense and the legitimate
objective to be achieved;
2. Minimize damage and injury, and respect human rights and preserve human life;
3. Ensure that assistance and medical aid are rendered to the injured as soon as possible; and
4. Ensure that relatives or close friends of the injured or affected person are immediately notified as early or as
earliest possible.
USE OF FORCE CONTINUUM - The use of force continuum is an escalating level of force commencing from
no force, to non-deadly force and ultimately, to deadly force. In dealing with the use of force continuum,
the following rules shall be observed:
A. The decision on the appropriateness of the level of force to be used in a given situation depends entirely on
the judgment of the warden or his duly authorized representative or other jail personnel confronted with
situation requiring the use of force.
B. NO FORCE CONTINUUM
1. General Principles
Any Jail Officer in the performance of his duty shall:
a. Display an authority figure tempered with patience to maximize efforts to listen and discern between
institutional and personal issues, demands, and sentiments of the individual or group of individuals;
b. Use tactful persuasive language to gain willing cooperation in discussing and addressing the various
concerns that triggered the disturbance;
c. Exhaust all persuasive efforts to settle the issues, demands, and sentiments without compromise to security
matters pertaining to escape, attempt of escape, threat of harm or injury to the staff, other
inmates, or visitors;
d. Not, in any instance, use unacceptable language that would demean or antagonize the status of the inmate
as a person;
e. Not, in any instance, draw, un-holster or point any firearm to anyone that may cause reactions that will
aggravate the situation or necessarily antagonize anyone; and
f. Exercise maximum tolerance in dealing with hostile, arrogant taunting inmates.
2. Specific Principles
a. Riot
a.1Open Field
a.1.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue, and control incident.
a.1.2 Assessing the danger of the situation by considering the number of inmates involved in the riot, whether
or not inmates are armed, the violent reputation of apparent leaders, and external factors such as the weather,
time, possibility of escalation, and other external threats.
a. 2Close Field a.2.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue and control
incident.
b. Noise Barrage
b.1 Lock up inmates to ensure perimeter security.
b.2 Dialogue and negotiate with inmates. If inmates are compliant, gather all inmate leaders for further
dialogue and open forum.
b.3 Never resort to any use of force as long as inmates are only doing noise barrage and the incident does not
escalate into a more serious one.
c. Hostage taking
The warden or his duly authorized representative must consider the following factors before making any
decision regardless of the demands of the hostage takers:
d. Lockdown
d.1 Immediately contain the controlled facility. If the inmates control only a portion of the facility, immediately
evacuate nonparticipating inmates to the unaffected portion for their safety.
d.2 Immediately conduct a dialogue with the inmates. As much as possible, find out their demands and
negotiate surrender of the controlled portion of the facility.
d.3 Ensure tight security of perimeter fence to avoid inmates taking advantage of the situation.
e. Rescue
The warden or his duly authorized representative must consider the following factors in decision-making:
- The firepower and number of rescuers; and
- In rescue while in transit, presence of civilians and danger of cross-fire.
e.1 Negotiation must be used to pacify, control, and subdue the situation. It is also used to ascertain the goal of
the rescuers and may help the warden or his duly authorized representative arrive at a better decision.
e.2 Secure the rest of the inmates who are not involved in the incident.
f. Assault
The warden or his duly authorized representative shall consider the following factors in decision-making:
- Whether or not inmates are armed; and
- Whether or not the victim is a civilian, jail personnel or fellow inmate.
f.1 Negotiation must be used to pacify, control, and subdue the situation. No use of force is authorized if, after
the assault, the authorities have regained control of the situation and that there is no possibility that the
assaulting inmate may attack again.
b. Evaluate the situation and decide on the degree of non-deadly force to be employed taking into
consideration the following circumstances:
- The possibility that the incident could escalate into a more serious one;
- The skill and experience of the jail personnel who will administer the non-deadly force; and
- The compliance of inmates or their sincerity to negotiate for surrender.
c. Continue negotiation notwithstanding the use of non-deadly force. Resume negotiation if inmates show
willingness to cooperate.
d. Resort to non-deadly force when the use of words does not control and the use of deadly weapon is
e. Authorize the use of non-deadly force in cases where inmates are noncompliant despite verbal containment
or the gravity of the situation dictates that verbal containment is not appropriate.
f. Authorized use:
f.1Physical contact
Jail Officers must be adequately and appropriately trained for the purpose. The height, built and age of the
inmate must also be taken into consideration in selecting the most appropriate jail officer.
Inmates must not be armed.
Blows must be directed to non-fatal parts of the body such as hands, legs etc.
f.2Chemical/Electrical/Inflammatory (CEI) agents
Resort to or use of this kind of weapon only when there are personnel trained for the purpose. Prior to use
of CEI agents, a paramedic must be available to provide first aid.
The use of CEI weapon should be exercised with due diligence since sparks from these weapons are
capable of igniting flammable materials thus causing more serious harm (e.g. fire
and explosion) and injury;
The health and physical condition of inmates must be taken into consideration in choosing this non-deadly
force for this may be fatal to inmates with asthma, etc.;
The ventilation of the area should also be taken into consideration.
f.3 Impact weapons
Only trained jail officers are authorized to use impact weapons.
Fatal parts of the body must be avoided since these weapons are also capable of inflicting serious and
even deadly harm.
g. The use of non-deadly force shall be authorized only to temporarily incapacitate inmate and bring him/her
back the control of the authorities.
2. Specific Principles
a. Riot
a.1Open Field
a.1.1 With continued verbalization, ascertain whether inmates
are armed or not to determine the appropriate force to be used.
a.1.2 Isolate and secure non-participating inmates.
a.1.3 If inmates are unarmed but resistant, use impact weapons.
a.2Close Field
a.2.1 Carefully assess the situation to minimize the risk to inmates and responding personnel.
a.2.2 Physical contact may be discouraged since this is a close field incident and it might endanger the life of
the responding jail officer.
a.2.3 Determine whether the use of chemical weapon is appropriate. Consider ventilation and amount of
chemical weapon to be used as it may put the lives of the personnel or
inmates at risk.
a.2.4 Impact weapons shall only be applied by trained personnel
a.2.5 Use other means of non-deadly force in a proper and considerate manner.
b. Noise barrage
b.1 At the first stage of violence, non-deadly force shall be considered.
b.2 CEI weapons may be used to pacify or subdue inmates only if incident is escalating to violence.
b.3 Non-deadly impact weapons shall be deployed only when there is apparent threat to life and property.
c. Hostage
c.1 If the hostage-taker is unarmed, use of non-deadly force may be authorized. However, try to minimize the
d. Lock down
d.1 Determine how long do the inmates have controlled the facility. Reasonable time is dependent on each
situation and within the discretion of the authorities.
d.2 If inmates are unarmed, physical force is possible by individual restraint. It is also important to consider the
number of inmates involved in the incident and the availability of manpower to individually restrain each inmate
and eventually pull them out of the facility.
d.3 If inmates are armed, use chemical, electrical and other inflammatory agents to control inmates.
d.4 Notwithstanding the use of non-deadly force, negotiation should be continuous.
d.5 Non deadly force shall be immediately discontinued when it is apparent that the inmates are ready to give
up the controlled facility.
e. Rescue
e.1 Immediately alert the proper authorities as regard the rescue. e.2 In case of rescue inside the jail facility
and the rescuers are heavily armed, use CEI weapon to incapacitate the rescuers and rescue inmates. The
ventilation and the space must be taken into consideration when using chemical weapons.
e.3 Never use CEI weapon in case of rescue while on transit if there are innocent civilians who might be
affected.
e.4 As much as possible, in cases of rescue while on transit, the nearest police station or the jail must be
immediately informed of the incident for proper back up.
e.5 Physical force and impact weapons shall be used only when rescuers are armed.
f. Assault
f.1 CEI weapon may be used to temporarily incapacitate the assaulting inmate, and to rescue the victim.
Authorities may also use this to control the situation.
f.2 Use physical restraint if the assaulting inmate is not armed.
f.3 Use impact weapons if inmates remain non-compliant after several hours of negotiation and if they are
unarmed.
2. Specific Principles
a. Riot
b. Noise Barrage
Deadly force shall be employed if in case a situation escalates into a serious condition or other inmates have
resorted to violence and have posed grave and imminent danger to the lives of inmates and jail personnel.
c. Hostage taking
c.1 Deadly force may be used if there is total failure of negotiation and the inmates remain non-compliant
despite the use of nondeadly force;
c.2 If the hostage takers are armed;
c.3 A hostage or hostages had been killed; and c.4 Immediately discontinue use of deadly force if there are
signs that the use of force is not already appropriate such as when hostage takers already show signs of
surrender.
d. Lockdown
d.1 When the erring inmates have assaulted fellow inmates who refused to participate in the lockdown.
d.2 If there is a reasonable ground to believe that there is grave and imminent danger to the lives of inmates
and personnel in the facility.
e. Rescue
e.1 In case of rescue by outside forces or in any situation during rescue where lives of inmates and personnel
are on grave and imminent danger, or when it is established that the rescuers are determined to inflict harm or
injury.
e.2 If part of the facility is destroyed or if the jail security is severely jeopardized by rescue attempt.
e.3 Never use firearms in case of rescue while on transit if it such would pose grave and imminent danger to
the lives of the people living in the area.
f. Assault
f.1 When use of deadly force is authorized to incapacitate the assaulting party and prevent him from attacking
other people.
WARNING SHOT
1. Disadvantages of warning shot
a. Warning shots may pose risks to innocent civilians, inmates and jail personnel.
b. Warning shots may cause an armed fleeing inmate to fire back believing that the shot was intended to kill
him.
c. Jail personnel could inadvertently shoot the inmate on fatal part of the body resulting to his death.
d. When exercised negligently, warning shots may cause injury to persons or damage to property.
3. Authorized situations