Chapter I

Background of the study

The Bureau of Jail Management and Penology (BJMP) is a government agency in the

Philippines responsible for managing city and municipal jails and ensuring the welfare and

rehabilitation of detainees and inmates. BJMP Sorsogon City, within its jurisdiction, is tasked with

implementing these responsibilities.

Republic Act 10575 or The Bureau of Corrections Act of 2013 defined a Person Deprived

of Liberty, as “a detainee, inmate, or prisoner, or other persons under confinement or custody in

any other manner.” The term PDL was adopted by the government in solidarity with the

International Covenant on Civil and Political Rights (ICCPR) which used the more neutral phrase

to prevent labeling or shaming of people in prison.

The study "The Civil and Political Rights of Persons Deprived of Liberty in Bureau of Jail

Management and Penology – Sorsogon City" is contextualized within the Philippine setting, which

brings specific dimensions to the background of the study.

In the Philippines, the Bureau of Jail Management and Penology (BJMP) plays a vital role

in the management and supervision of city, district, and municipal jails across the country. Given

the Philippines' unique socio-political landscape, this study takes into account the national legal

framework, which is enshrined in the 1987 Constitution of the Philippines. The Constitution

guarantees the rights and freedoms of all individuals, even those who are in detention.

1
 Additionally, this study delves into a critical and often overlooked aspect of the criminal

justice system. It examines the rights and privileges that are afforded to individuals who find

themselves deprived of their liberty within the jurisdiction of the Bureau of Jail Management and

Penology (BJMP) in Sorsogon City.

Through a comprehensive analysis of the BJMP's policies, practices, and the experiences

of those in detention, this research strives to contribute to the discourse on criminal justice reform,

human rights, and the advancement of a just and equitable society.

The study also acknowledges the complex challenges faced by the BJMP and the broader

criminal justice system. It aims to be a constructive and evidence-based contribution to the ongoing

efforts to balance the imperatives of security and public safety with the preservation of individual

rights and human dignity.

In conclusion, this research embarks on an exploration of the civil and political rights of

persons deprived of liberty within the BJMP in Sorsogon City, recognizing the importance of

upholding these rights as a cornerstone of a just and compassionate society. This study is

positioned to contribute to the ongoing discourse on prison reform and human rights in the

Philippines and to provide evidence-based recommendations for improvements in the protection

of civil and political rights for those deprived of liberty.

Introduction

“The Framers of the Bill of Rights did not purport to "create '' rights. Rather, they

designed the Bill of Rights to prohibit our government from infringing rights and liberties

presumed to be pre-existing.” – Associate Justice William J. Brennan Jr.

2
 Human rights are rights we have simply because we exist as human beings - they are not

granted by any state. These universal rights are inherent to us all, regardless of nationality, sex,

national or ethnic origin, color, religion, language, or any other status. They range from the most

fundamental - the right to life - to those that make life worth living, such as the rights to food,

education, work, health, and liberty (United Nations, 2018). Human rights aim to protect people

from political, legal, and social abuses from the people and the state by the rights a person acquired

at the moment of birth.

Serious human rights violations have been present in the Philippines for a long time,

especially under President Rodrigo Duterte's administration, which concluded in June. Threats,

intimidation, thousands of extrajudicial murders, and the weakening of democratic institutions

were some of these difficulties. Unfortunately, despite Ferdinand Marcos Jr.'s election to the

presidency, the state of human rights is still grave.

The United Nations Office of the High Commissioner for Human Rights published a report

in September that detailed ongoing concerns about drug-related police killings, as well as chronic

issues like harassment, threats, arrests, attacks, and red-tagging of actors in civil society. Notably,

there are still a lot of barriers to justice for violations of human rights.

Human rights groups and reports from civil society challenge President Marcos' claims that

he is committed to upholding human rights, citing continued breaches. This presents a

disconcerting image of the Philippines' human rights situation.

While part of the prisoner’s punishments are deprivation of certain civil and political rights,

every prisoner is entitled to rights mandated and protected by the United Nations Standard

Minimum Rules for the Treatment of Prisoners, the International Covenant in Civil and Political

3
Rights, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Alfaro, 2005). Particularly, the Human and People’s Rights Declaration of the

Philippines laid out the civil rights of the prisoners, thus stating “Detainees and prisoners have the

right to humane conditions of detention with adequate food, space and ventilation, rest and

recreation, sanitary and health services, and skills training. They have the right to communicate

with counsel, family and friends and be visited by them. The right to practice their religious beliefs

and to express themselves shall likewise not be denied. The State must provide separate detention

facilities for women and children in conflict with the law. Detainees and prisoners shall be given

the opportunity for correction and rehabilitation towards their reintegration into society.” (The

Human and People’s Rights Declaration of the Philippines, 2001). In addition, the right to vote is

a political right enshrined in the Universal Declaration of Human Rights (UDHR), the International

Covenant on Civil and Political Rights (ICCPR) and the Constitution. This right can only be taken

away by disqualification as provided by law or by legal deprivation of the exercise of civil and

political rights as declared by court (Resolution CHR (IV) No. A2009-131). Even with the

deprivation of liberty, prisoners must still be granted their human rights because their rights as

human do not stop the moment they are accused or convicted by final judgment. The state carries

the obligation of protecting the rights of prisoners as provided by the law.

The prison system provide Services for the enforcement of the political and civil rights of

the prisoners and facilitate punishment, retribution, expiation, deterrence, and reformation as well

as the protection of society. However, in some cases these rights are not met, according to the

Bureau of Jail Management and Penology (BJMP), between 85 and 90 percent of the more than

94,000 inmates in its custody are awaiting or undergoing trial. This makes the Philippines the

Southeast Asian country with the highest number of pretrial and remand detainees and the second

4
highest in all of Asia. Prolonged detention without charge or trial violates international human

rights instruments, including Article 9 of the International Covenant on Civil and Political Rights,

which the Philippines ratified in 1986. Moreover, it “shall not be the general rule that persons

awaiting trial shall be detained in custody,” but rather released with guarantees of appearing for

trial.

In contemporary democratic societies, the right to political participation is considered a

fundamental pillar of citizenship, enabling individuals to exercise their voices in shaping the

trajectory of governance. However, one segment of the population often finds this right elusive -

persons deprived of liberty (PDLs), who are detained within the Bureau of Jail Management and

Penology (BJMP) facilities.

The Bureau of Corrections (BuCor) is mandated by the law to accomplish its twin

objectives of safekeeping and effective rehabilitation of national prisoners (Department of Budget

and Management [DBM], 2009). In line with this, the BuCor is in charge of protecting the rights

of prisoners, preventing prisoners from committing additional crimes while in custody, providing

inmates with basic necessities, ensuring that inmates are provided with rehabilitation programs

that will benefit their development, and developing programs that will enable inmates to earn

money and improve their skills (Chan Robles Virtual Law Library, n.d.)

The Commission on Human Rights has visitorial powers over jails, prisons, and detention

facilities as it is anchored on the 1987 Philippine Constitution. It can visit any detention facility

inside military camps, police lock-up cells, jails, prisons, youth homes, and any other similar

facilities without any restriction as provided by R.A No. 9745. Moreover, the Commission or its

5
authorized representatives can carry out regular, independent, unannounced, and unrestricted visits

or inspections to all places of detention or confinement (Canapi, 2017).

On the other hand, the Commission on Elections (COMELEC) in the Philippines has a

crucial responsibility to ensure that eligible Persons Deprived of Liberty (PDLs) are provided with

the opportunity to exercise their right to vote, despite being detained. They are tasked with

disseminating information about the electoral process, including the qualifications of candidates

and details about upcoming elections, to PDLs. They also collaborate with other relevant agencies

including the Bureau of Jail Management and Penology (BJMP), to coordinate the logistics and

security measures necessary for conducting elections within detention centers (Guia, 2021).

The Bureau of Jail Management and Penology (BJMP) manages and controls all district,

city and municipal jails (Bureau of Jail Management and Penology [BJMP], 2010). The BJMP -

Sorsogon city also functions as a crucial component of the Philippine correctional system which

strives to balance the demands of security with the constitutional rights of PDLs to political

participation. Specifically, they ensure that its operations related to political participation are in

compliance with Philippine election laws and regulations. This includes adhering to legal

requirements for voter registration and absentee voting.

However, collaboration between these agencies will not always be easy. In fact, it rarely

is. Effective collaboration requires a shared understanding of the problem. Alignment around aims,

focus, resources and commitment. Willingness to learn from others. When successful,

collaborative action can often achieve stronger outcomes for affected people (GBI, 2015).

Despite the introduction of this collaborative system which aimed at enhancing political

engagement within the correctional facility, there is a pressing need to examine the effectiveness

6
of this system. PDLs' limited access to political information, potential legal constraints, and socio-

cultural barriers may hinder their ability to engage in political activities.

Eight international law firms reviewed the extent of disenfranchisement of detained

persons in dozens of jurisdictions worldwide, and, where applicable, the conditions under which

voting rights were restricted? Particularly in the Philippines, Persons Deprived of Liberty

(detainees/prisoners) not otherwise disqualified by law, are unable to exercise their right to

suffrage because of the failure of the government's necessary special facilities and procedures for

voting inside or near their places of detention (PRI, 2015).

New research confirms what we already know happens to people when they're locked up.

Their physical isolation leads to experiences of social isolation, and their very real political

disenfranchisement leads to feelings of alienation from the government. These psychological

effects remain with people long after the physical and legal constraints of incarceration have ended,

affecting individuals, families, and communities’ years after release. (Widra, 2017).

Regardless of who they’d vote for or which party they backed; the majority of respondents

had little faith in elected officials. More than 80 percent do not believe politicians are generally

acting in their interest. This disenchantment crosses racial lines.

Nonetheless, it's important to note that these potential negatives do not negate the benefits

of a multi-stakeholder approach but highlight the challenges that must be carefully managed to

ensure its effectiveness in facilitating positive outcomes for the political participation of PDLs. It

requires ongoing efforts, policy development, and collaboration to navigate the complexities of

this task successfully. According to Tejaro 2015, “different programs introduced by the

government for the rehabilitation of offenders need a lot of resources for its proper

7
implementation”. The continuity of its implementation would also require a lot of funds allotted

for its proper and timely implementation. With these, a better result is expected and this would

help the offenders adjust to the changes in their lives inside the jail and prepare for their

reintegration.

Thus, there is an urgent requirement to investigate the following key issues. Addressing

these key issues will provide valuable insights into the challenges and potential solutions related

to the Civil and Political Rights among PDLs in BJMP – Sorsogon City. Additionally, it will

contribute to the ongoing discourse on ensuring the protection of the political rights of detained

individuals within the criminal justice system.

The study primarily centers on investigating and analyzing the status and protection of civil

and political rights of individuals who are deprived of their liberty within the jurisdiction of the

Bureau of Jail Management and Penology (BJMP) in Sorsogon City. The focus extends to

understanding how the BJMP operates in ensuring that detainees' civil and political rights are

upheld.

The main objective of this research endeavors to assess the conditions and treatment of

persons deprived of liberty in the BJMP – Sorsogon City and the extent to which their civil and

political rights are respected and protected, to identify any challenges, issues, or violations related

to the civil and political rights of detainees in the facility and to propose recommendations and

potential improvements in the treatment and protection of detainees' civil and political rights within

the correctional facility.

In conclusion, this aims to assess the situation and holds significant relevance in the context

of human rights, legal compliance, institutional improvement, and public awareness. It serves as

8
an important contribution to the protection of detainee rights and the overall promotion of justice

and human dignity within the BJMP – Sorsogon City. Ultimately, it seeks to contribute valuable

insights to the broader discourse on enhancing democracy and human rights within the criminal

justice system, with implications that extend beyond the borders of Sorsogon City.

Statement of the Problem

The Bureau of Jail Management and Penology (BJMP) in Sorsogon City faces a complex

challenge in facilitating the political participation of Persons Deprived of Liberty (PDLs). This

study aims to investigate the Civil and Political Rights of Persons Deprived of Liberty in Bureau

of Jail Management and Penology – Sorsogon City, considering the following key issues:

How does the BJMP ensure that the civil and political rights of Persons Deprived of Liberty

are safeguarded in their custody?

(1) What are the services provided by the BJMP to the PDL's in relation to their civil and political

rights?

(2) What are the other external government agencies involved and their roles in upholding the civil

and political rights of the PDLs?

(3) What are the challenges faced by the Bureau of Jail Management and Penology Personnel in

the implementation of the services and programs for the Persons Deprived of Liberty?

(4) What strategies did the BJMP Jail Personnel employ in order to cope with the challenges?

The research is motivated by the need to address the challenges related to the political

participation of Persons Deprived of Liberty within the BJMP in Sorsogon City. Additionally, this

9
aims to provide a comprehensive understanding of the challenges and opportunities in promoting

political participation among PDLs within the BJMP context and assess the Civil and Political

Rights of Persons Deprived of Liberty in Bureau of Jail Management and Penology – Sorsogon

City. It aims to shed light on these issues and contribute to the improvement of policies, practices,

and outcomes in the correctional system. By addressing these additional aspects, this can provide

a more comprehensive exploration of the multifaceted issues surrounding political participation of

Persons Deprived of Liberty in BJMP – Sorsogon City.

Scope and Delimitation

This study will focus on determining the civil and political rights of people deprived of

liberty in the Bureau of Jail Management and Penology, Sorsogon City.

The research will involve Persons Deprived of Liberty (PDLs) who are currently detained

within BJMP Sorsogon City, particularly those persons deprived of liberty whose cases are under

investigation. Moreover, this study will also involve the Bureau of Jail Management and Penology

(BJMP) and the Commission on Elections (COMELEC) in facilitating the civil and political rights

of detainees in Sorsogon City jail. These agencies will enable the researchers to gather data

regarding the number of registered voters inside the prison and the profiles of those eligible to

vote.

The research will cover a specified period, which will be clearly defined, during which the

effects of the approach on civil rights and political participation will be assessed. The study will

examine various factors related to political participation, such as access to information, voter

registration, and engagement in political discussions, as influenced by the approach of these

agencies.

10
 The research will not extend its scope beyond the confines of Sorsogon City and will not

include BJMP facilities outside this jurisdiction. This study focuses solely on BJMP facilities and

persons deprived of liberty but will not include other types of detention centers or correctional

facilities in the area. Findings and conclusions may not be readily applicable to other geographic

areas or correctional institutions outside of Sorsogon City. This primarily focuses on PDLs. The

civil rights and political participation of other segments of the population, such as prison staff, may

not be extensively covered.

In generating the data and information in this study, the researchers will use a mixed-

methods approach to data collection, wherein they will conduct a survey and an in-depth interview

to comprehensively interpret what participants think and why they think that way.

Significance of the Study

The findings of this study may be beneficial to the following:

Researchers. This study adds to the growing body of knowledge in the academic world about

criminal justice, and political engagement. It expands the body of empirical evidence in the area,

enabling researchers to expand on the findings in future studies.

Political Science Department. This research adds a unique dimension to the field of Political

Science by examining the political participation of a marginalized and often overlooked

population—Persons Deprived of Liberty. This will broaden the scope of Political Science

Department beyond public policy.

Community. Understanding the civil and political rights of Persons Deprived of Liberty

contributes to broader advocacy efforts for human rights, which has a wider societal benefit. This

11
will underscores the importance of community engagement and will serve as a model for other

correctional facilities seeking to build bridges between detainees and their communities.

Future Researchers. The result of the study may serve as baseline data for future researchers who

intend to conduct further studies and related researchers on conventional and pragmatism

approaches. This may also serve as baseline data for them who may decide to conduct similar

studies.

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 Chapter II

The chapter is organized into six (8) parts namely: (1) Related Literature, (2) Related

Studies, (3) Synthesis of the State of Art, (4) Gap Bridged by the Study, (5) Theoretical

Framework, (6) Theoretical Paradigm, (7) Conceptual Framework, (8) Conceptual

Paradigm

Review of Related Literature

This presents the gathered information and researches from different sources with

concepts, theories and research findings from both foreign and local perspectives. Related

Literatures and Studies are taken from books, published journals, internet references and other

published articles that bear relevance to the present investigation.

Safekeeping is evident in jail among inmates as practiced by the Bureau of Jail Management and

Penology. The level of implementation of the safekeeping practices is very high and the level of

implementation of safekeeping is believed to be a product of the frequency of the practices of

safekeeping (Nicholas, et al, 2015). The Bureau of Jail Management and Penology is designated

in the implementation of safekeeping within jails as also it is part of the civil rights of the prisoners

to be treated equally even with the deprivation of liberty. Thus, this study may offer a

comprehensive understanding on the civil and political rights of the persons deprived of liberty in

BJMP – Sorsogon City, as well as it may provide the analysis of the programs and initiatives of

the Bureau of Jail Management and Penology in upholding the civil and political rights of the

prisoners with their jurisdiction.

13
 Weaver Et.al (2014) theorizes that contact with the criminal justice system—which

includes interactions ranging from police stops to spending time in prison—decreases political

participation by depleting citizens’ resources, making them distrust the government, and reducing

commitments to civic norms.

The aforementioned literature is relevant in the said study as it provides a contextual

understanding of the potential impact of contact with the criminal justice system on individuals'

political participation and civic engagement. By acknowledging and building upon this existing

literature, the study can provide a comprehensive analysis of the civil and political rights of persons

deprived of liberty in Sorsogon City, considering how the government may influence their ability

to engage in political processes and exercise their rights. It can also guide the researchers in

proposing potential solutions or interventions to ensure that their civil and political rights are

upheld, thus contributing to a more inclusive and just society.

Furthermore, in line with the experience of prison life as a “total institution”, where

individuals' lives are tightly controlled, and they may experience isolation from the external

community. Lerman, (2014) find that imprisonment, among all forms of criminal justice contact,

is associated with the largest decrease in participation.

The finding that imprisonment has the most substantial negative impact on political

participation is directly relevant to your study. It suggests that detainees who have experienced

incarceration are more likely to face significant obstacles when attempting to engage in political

processes. The literature may inform the development of policies, programs, and interventions to

address the specific needs and challenges of detainees, especially those who have experienced

incarceration. It can guide efforts to mitigate the negative effects of imprisonment on political

participation. In addition, the literature aligns with human rights considerations by emphasizing

14
the importance of upholding detainees' rights and dignity, even in a prison environment. The

present study can draw from these considerations to advocate for the protection of detainees' civil

and political rights.

Fleisher (2001), argues that spending time in prison has particularly negative consequences

for social capital, an important determinant of political participation. Several factors that are

positively associated with the propensity to vote.

The aforementioned literature suggests that individuals who have experienced imprisonment may

encounter unique obstacles related to social capital and factors influencing their voting propensity.

It underscores the interconnectedness of social capital and factors influencing political

participation, providing essential insights for policy development to safeguard detainees' rights.

Thus, this is relevant to the study as it emphasizes the significance of safeguarding the political

rights of all individuals, irrespective of their imprisonment.

There is also the fear of deterioration — the lack of personal choice within the prison

environment which may affect PDLs. After many years of being told on what to do, they may well

lose the ability to think for themselves and make their own decisions and choices freely (Tomar,

2013).

Tomar's findings underscore the importance of promoting informed decision-making

among PDLs. Ensuring that detainees can exercise their civil and political rights effectively

requires measures to address the potential loss of autonomy and personal choice.

According to Chatman (1999) inmates would only seek information outside their inner

circle for three conditions: the information is critical, relevant, and their situation has become

nonfunctional. Most politics and laws do not affect prisoners and change regularly, so political

information is more than likely not critical or relevant. These challenges make it difficult for a

15
prisoner to fully form their political ideology or be aware of most politics when they are released.

Prisoners need enough information to stay on top of policies and determine which candidates will

benefit them or change the process of voting.

This insight is important in assessing the readiness of detainees to participate in the

democratic process. Chatman's work highlights the need to promote political awareness among

detainees. Ensuring that they are informed about politics, policies, and voting procedures is

essential for promoting their active participation in political processes. Thus, incorporating this

literature into the study allows the researchers to offer a nuanced analysis of the information-

related challenges detainees may encounter. It underscores the importance of addressing these

challenges to empower detainees to participate effectively in political activities and exercise their

civil and political rights. Additionally, it can contribute to the development of strategies that

promote political awareness and informed voting among detainees in Sorsogon City.

Sucgang (2006) observed that political participation is defined as behavior that aims to

affect how the government allocates resources, as well as its policies, decisions, and actions

(Barney-Barry & Rosewein, 1985; Milbrath, 1965; Verba, Nie, & Kim, 1980; Washburn, 1982).

It typically has a component oriented toward achieving a shared objective among those who

engaged in it, especially when such conduct is being carried out in a group (Zimmerman &

Rappaport as cited in Duffy & Wong, 2000). The need to comprehend how people participate in

political life, their reasons for getting involved or staying out of politics, and most importantly,

how to improve the quality and quantity of their political engagement, has driven research in this

area.

Political participation, according to Sucgang (2006), is described as conduct that tries to

influence the government's policies, decisions, and actions, and as well as how resources are

16
allocated (Barney-Barry & Rosewein, 1985; Washburn, 1982). Particularly when such conduct is

being carried out in a group, it generally involves a component aimed at reaching a shared objective

among those who engaged in it (Zimmerman & Rappaport as cited in Duffy & Wong, 2000).

Research in this area has been motivated by the need to understand how people participate in

political life, their motivations for getting involved or staying out of politics, and most crucially,

how to increase the quality and quantity of their political engagement.

Comparing older research such as Almond and Verba's cross-cultural study performed in

the late 1950s with more recent studies found that identified types of political engagement were

diverse and dynamic (Leighley, 1991; Seligson, 1980). In response to studies noting a substantial

drop in the reported performance of traditionally defined manifestations of political engagement

(Dalton 2000; Haney, Borgida, & Farr, 2002), the notion of a shifting nature of political

participation was hypothesised. Voting, persuading others to vote for a specific candidate, joining

a political party, donating money to a campaign, and contacting government officials have all been

explored as forms of political participation. Recent studies found citizens increasingly engaging in

behaviours such as joining public interest or issue-based groups, participating in protest rallies,

and refusing to obey unjust laws, lending support to the hypothesis that newer forms of behavior

had supplanted these traditionally measured actions (Dalton, 2000; Haney, Borgida, & Farr, 2002).

The identified forms of political engagement were shown to be broad and dynamic when

more recent studies were compared to older studies like Almond and Verba's cross-cultural study

conducted in the late 1950s (Leighley, 1991; Seligson, 1980). The idea of a changing character of

political involvement was put forth in response to research (Dalton 2000; Haney, Borgida, & Farr,

2002) indicating a significant decline in the reported performance of previously defined

manifestations of political activity. There are several ways to get involved in politics, including

17
voting, convincing people to support a certain candidate, joining a political party, contributing

money to a campaign, and corresponding with elected officials. According to recent studies,

citizens are becoming more involved in activities like protests, joining issue-based or public

interest groups, and disobeying unjust laws. These findings support the idea that these more

traditional forms of behavior have been replaced by more modern ones (Dalton, 2000; Haney,

Borgida, & Farr, 2002)

These newly emergent modes of political participation were thought to have arisen as a

result of shifts in the sociocultural political context, including people's changing expectations of

their government and fellow citizens. For instance, Zalcita and his colleagues (1995) described

how the Local Government Code (LGC) of 1991 promoted residents to participate in politics

through organized groups. When Bicolanos formed their People's Councils to address their

demands and make it easier for them to receive government services, the impact of the LGC's

implementation on the development of political involvement could also be seen (Santos, 1998). It

was believed that changes in the sociocultural political milieu, particularly people's shifting

expectations of their government and fellow citizens, were the cause of these newly emerging

types of political engagement. Zalcita and his colleagues (1995), for instance, discussed how the

Local Government Code (LGC) of 1991 encouraged citizens to engage in politics through

formalized groups. The impact of the LGC's implementation on the growth of political

involvement could also be witnessed when Bicolanos formed their People's Councils to address

their needs and make it simpler for them to access government services (Santos, 1998).

Based on the information applied, traditional forms of political participation, such as voting

and party identification, have given way to much newer modes of participation, such as joining

issue-based groups and participating in protest. Changes in conceptualization also influenced what

18
was considered the area of political involvement. For example, some academics considered

government service as well as membership in government-organized national and local special

organizations to be types of political engagement.

In connection to the components of the Philippine Criminal Justice System (CJS) is the

correction pillar, to which its goal is to rehabilitate criminal offenders aside from punishing and

deterring the criminals from doing the same crime. Many arrested and convicted criminals seemed

not rehabilitated for they always return to the penal institution they once came. Criminals once

they have been released from prison have the tendency to become a recidivist for some independent

reason such as the lack of jobs, and they are branded as graduates (Vicente, 2007).

Although the Bureau of Correction (BuCor) has undertaken rehabilitation programs in

helping an inmate this should lead a responsible, law abiding and productive life upon release.

Efforts shall be made to ensure an optimum balance between the security of the prison and the

effectiveness of treatment programs. Inmate and public safety, and the requirements for effective

custody, shall, however, take precedence over all other activities at all times and shall not be

compromised. Correctional and treatment programs focused on providing services that will

encourage and enhance the inmates’ self-respect, self-confidence, personal dignity and sense of

responsibility (BuCor 2017).

The cited literature is relevant to the study since it ensures an optimum balance between

the security of the prison and the effectiveness of treatment programs. It encapsulates essential

principles and considerations in programs and management, particularly the delicate balance

between security and rehabilitation. The study also underscores the importance of rehabilitation

within the correctional system. Instead of solely punitive measures, it highlights the value of

programs that aim to reform and reintegrate inmates into society as law-abiding citizens.

19
 On the other hand, the BuCor offers a variety of inmate work programs, from agricultural

to industrial. The purpose of the inmates work program is to keep the inmates busy, and to provide

them money for their personal expenses and their families as well as help them to acquire

livelihood skills; in order that they may become productive citizens once they are released and

assimilated back into the mainstream of the society (Bureau of Jail Management and Penology

Manual Revised, 2007).

Aside from the BuCor there were services provided by the Bureau of Jail Management and

Penology (BJMP) to the inmates includes the provision of basic needs such as food, clothing,

hygienic supplies and others, health services that aids in maintaining the inmates physical and

mental well-being, livelihood services or activities which entails the development of work values,

individual worth and dignity, emotional catharsis and enhancement of individual’s creativity,

educational services and activities in order to minimize the inmates stress as well as giving them

opportunities for socialization, visitation services in order to provide emotional and social support

to the inmates through their significant others and love ones, paralegal services to provide them

with speed disposition of cases and religious services to uplift their spiritual and moral values

(Opagga, 2007).

The BJMP's approach to inmates' work programs aligns with modern correctional

principles that focus on rehabilitation and preparing inmates for a law-abiding life after their

release. Indeed, the information provided by the Bureau of Corrections (BuCor) serves as a

valuable reference for researchers studying Persons Deprived of Liberty work programs and

participation (BJMP, 2017).

20
 The aforementioned literature is relevant to the study considering that it serves as a relevant

reference point, offering a framework for understanding the goals, objectives, and systems that

underpin these programs.

In the article published by Posey (1993), stated that where more people are involved in a

joint process of common interest, the quality of output is higher. The same is true of strategic

planning. High involvement in the process by a variety of stakeholders tends to generate better

outcomes and a greater sense of ownership. Many organizations are using broad engagement

strategies to increase participation in and commitment to strategic planning.

The aforementioned article is relevant to the present study because it emphasizes the

significant benefits of involving a wide range of stakeholders in the strategic participation process.

In that way, the researchers can build on established knowledge and contribute to a deeper

understanding of the role of Multi-stakeholders in the Civil and Political Rights of Persons

Deprived of Liberty.

According to Bovaird, 2007 in his published journal “Beyond Engagement and

Participation: User and Community Coproduction of Public Services”, Participation is considered

central to realizing more democratic, sustainable and responsive public services and can foster

important outcomes including fairness, legitimacy and dignity within the criminal justice system

and amongst individuals detained in custody.

The cited literature is highly relevant to the present study because it highlights the central

role of participation in public services and its potential positive impacts, including those within

the criminal justice system and for individuals detained in custody. This emphasis on participation

aligns with the core theme of the present study as it underscores the importance of participation in

the delivery of public services. Additionally, the study highlights the fundamental importance of

21
participation in promoting democratic values, accountability, fairness, dignity, and the overall

well-being of individuals detained in custody.

Formal participatory mechanisms allow prisoners to express their views on issues of

relevance for their collective life (Bishop, 2006). Examples of formal participatory mechanisms

include legal challenges, complaints, prison councils and lived experience networks (often run by

voluntary/non-profit organizations). (Mika and Thomas, 1988: 57).

The preceding literature about formal participatory mechanisms allowing prisoners to

express their views is highly relevant to the study on "The Civil and Political Rights of Persons

Deprived of Liberty in Bureau of Jail Management and Penology – Sorsogon City because

underscores the importance of inclusivity and ensuring that the voices of persons deprived of

liberty (PDLs) are heard. Recognizing and enabling the participation of PDLs through formal

mechanisms can enhance their representation and ensure that their perspectives are considered in

decision-making processes related to their political participation. It also highlights the importance

of recognizing and enabling formal participatory mechanisms for prisoners, especially in the

context of a multi-stakeholder system. Henceforth, recognizing the importance of formal

participatory mechanisms can foster collaboration and coordination among these stakeholders,

promoting a more effective approach to facilitating the Civil and Political Rights of Persons

Deprived of Liberty.

In general, programs designed in accordance with established principles of effective

correctional intervention that maintain integrity upon implementation should be more successful

than those that deviate from their original designs and compromise evidence-based program

elements ( Dowden et al., 2005).

22
 Programs that adhere to accepted guidelines for efficient correctional intervention and

maintain their integrity after implementation should, in general, be more successful than those that

depart from their original plans and compromise evidence-based program components (Dowden

et al., 2005).

The objective of providing prisoners with programs is to improve their behavior, both

before and after release from prison. Indeed, correctional programs are often intended to not only

enhance public safety by lowering recidivism, but also to promote greater safety within prisons by

reducing misconduct. However, although U.S. correctional systems typically offer some

opportunities within prisons, research suggests many prisoners do not participate in this while

detained (Lynch & Sabol, 2001).

The goal of programs offered to convicts is to improve their behavior, both inside the prison

and once they are released. In fact, correctional programs frequently aim to improve prison safety

by reducing misconduct as well as public safety by reducing recidivism. However, despite the fact

that American prisons normally provide some possibilities for inmates, research indicates that

many offenders do not take use of these while they are detained (Lynch & Sabol, 2001).

Numerous literature have examined the experiences and difficulties faced by individuals

in correctional programs (PDLs) and the policies and initiatives aimed at improving their well-

being. Furthermore, despite the implementation of programs and services by BJMP, studies

consistently reveal severe public issues in the country's overcrowded prisons and jails.

It is for the above reasons that this study was conducted to provide a comprehensive

understanding of the Civil and Political Rights of Persons Deprived of Liberty in Bureau of Jail

Management and Penology – Sorsogon City and offer insights into potential improvements or

interventions in this specific context. Specifically, this study sought an answer to the lessons that

23
can be drawn from the study's findings to improve the The Civil and Political Rights of Persons

Deprived of Liberty in Bureau of Jail Management and Penology – Sorsogon City. The findings

may provide insights to the Philippine Government to contribute to the protection and promotion

of human rights by examining the rights of detained individuals and their ability to engage in

political activities in line with national and international legal frameworks.

Related Studies

The following related studies were reviewed by the researcher in order to verify if a similar

study has been conducted in the past. However, the similarities and differences of the reviewed

studies were considered to establish the direction of this study.

In the study by Whistler (1977), the political engagement of convicts was defined in two

different ways. First, it is seen what goes on during official elections held among convicts to choose

delegates for Inmate Councils. These include voting, participating in campaigns, expressing an

interest, and seeking or holding a prisoner office. This is known as formal inmate engagement, and

it is consistent with the traditional conceptions of political participation used in studies involving

the general American population. The second method involves inmates competing or working

together for valuable items. This is known as informal inmate participation, and it is quantified by

how much an inmate's ideas or opinions are requested or taken into consideration when it comes

to matters important to convicts. Furthermore, he came to the conclusion that both formal and

informal inmate influences typically share comparable traits, with the exception of the fact that

informal leaders tend to be a little more aggressive and motivated to uphold criminal beliefs.

24
 The similarity of the previous research to the present study is the concentration in studying

the political participation of Persons Deprived of Liberty as it is also one of the variable of the

present study. The difference, however, is the study stated above was conducted to conceptualize

and measure the political participation among men in prison, including their influence in other

inmates, and comparing the political participation of two independent samples of prisoners. In

contrast, the present study will focus on the Bureau of Jail Management and Penology and their

roles in upholding the political and civil rights of persons deprived of liberty in Sorsogon City.

As per Tejaro's (2015) study, several resources are required for the proper implementation

of the various government-sponsored initiatives for the rehabilitation of offenders. More

employees would be available for them to concentrate on the various programs if correctional

officers were trained to implement them. A lot of money would need to be set aside for its

appropriate and timely implementation in order for it to continue to be implemented. A better

outcome is anticipated with them, and this will aid the offenders in adjusting to the changes in their

lives within the jail and in getting ready for their reintegration. Structured rehabilitation and

treatment programs, such as general education, drug addiction, individual and group therapy,

religious, recreational, work, and educational release programs, are available to all prisoners who

seek enrollment. All inmates get access to all of the programs, regardless of their gender, race,

ethnicity, religion, political opinions, physical or mental limitations, or legal status. The main

objectives of categorization are to facilitate appropriate treatment and program, assure inmate,

staff, and public safety, and assign inmates to appropriate housing and custody (Roanoke, 2009).

These studies describe the approach to rehabilitative and treatment programs within a correctional

facility, emphasizing inclusivity and safety. The primary goals as mentioned in the study are to

ensure the safety of inmates, staff, and the public, as well as to facilitate appropriate treatment and

25
program participation, and the resources required for the accomplishment of these programs. This

reflects a balance between security concerns and the rehabilitation and treatment aspects of

corrections. By providing structured programs, correctional facilities aim to help inmates address

various issues, including education, substance abuse, counseling, and more. Such programs can

contribute to inmates' rehabilitation and reduce the likelihood of reoffending upon release. The

cited studies and the present study both tackle the government programs for Persons Deprived of

Liberty, it’s implementation, and recognize the importance of government agencies in protecting

the detainees' rights. The difference, however, is the focus of the study, since both Tajero and

Roanoke’s study focused on the implementation of the government programs, centered specifically

on the initiatives of government agencies in upholding the prisoners’ civil rights, while the present

study will focus on both the political and civil rights of Persons Deprived of Liberty in BJMP-

Sorsogon as well as the programs initiated by BJMP in safeguarding these rights.

Haynes (1940) discovered through his study that while every man experiences the universal

components, not every man is imprisoned by the other aspects of prison culture. There are a variety

of determining criteria that will determine whether comprehensive prisonization takes place. It

depends on the following factors: (1) the individual's personality; (2) the kind and depth of his ties

with people outside of jail; (3) his membership in prison organizations; (4) his chance assignment

to a work gang, cellhouse, and cellmate; and (5) his acceptance of the prison culture's tenets or

rules. Age, criminality, race, nation of origin, and regional conditioning are further variables.

The study mentioned above is similar with the present study in terms of its area of coverage

since it focused on prison life of the inmates. The differences are the sociological study explores

the factors that influenced the attitude of the inmates towards the prison community, how inmates

dealt with prison culture knowing that prison norms exist before they were isolated, and the impact

26
of external factor to their political behavior, while the present study will explore the political and

civil rights of persons deprived of liberty in BJMP - Sorsogon City and the means it was practiced

and exercised even with the intervention of the law in connection to their liberty.

The study of Alipoyo (2021) came to the conclusion that the correctional wardens had

several issues and difficulties while dealing with people who were deprived of their freedom

(inmates) and when managing the jail facilities. The implementation of the PDL reformation

process, maintaining peace and order inside the prison, and ensuring the safety of the staff and the

community were all impacted by these issues and their roles and duties in improving the

circumstances in the correctional facilities. Therefore, the Philippine government and the bureau

in charge of managing correctional facilities may take into account the following to improve the

quality of those facilities: installing cutting-edge technology; building a new correctional facility;

quickly renovating old, out-of-date, or destroyed jails; allocating budget or appropriations to

enable the employment of more staff/personnel; and limiting the number of prisoners in a prison.

Similarly, the previous and present study focuses on life within prison walls. The difference,

however, is that the study of Alipoyo explores the perspectives and experiences of jail wardens in

managing jail facilities enabling the previous study to lay down possible solution or actions to be

done by government and other sector, while the present study will focus more on the political and

civil rights of Persons Deprived of Liberty. Besides, accessing the programs implemented by the

Bureau of Jail Management and Penology in accordance with the rights of the prisoners.

According to Chica (2021), the main problem that people deprived of liberty in Ecuador

present in the path of access to justice are the lack of knowledge on the human rights of prisoners

which hindered them from filing a complaint or report regarding the human rights violations that

were already existing within the prison walls. The interviewees believe that the lack of sufficient

27
Penitentiary Guarantees Units, as well as public defenders are great challenges PDL face in order

to activate the justice system. Likewise, corruption within the SRC Turi is mentioned as a serious

problem. It is ensured PDL does not report many situations because they do not know their rights.

The lack of legal literacy of vulnerable socioeconomic strata people is accused as an impediment

to accessing justice.

The study above possessed some similarity and difference with the present study, in terms

of its focus, the previous study give emphasis on the PDLs access on justice which is one of the

rights of prisoners under the civil right while the present study will focus on both civil and political

rights of PDLs and the enforcement of those rights by the BJMP. The study of Chica is relevant in

the present study for it provides a comprehensive analysis on the rights of prisoners for justice and

both studies revolved around the rights of people deprived of liberty.

Estillore and Aoas (2020) on the study of the Effects of the BJMP Livelihood Program to

the Lives of Released Inmates, concluded that the livelihood programs offered by the BJMP

Cabarroguis is more on skill-based programs in which the inmates learned and developed new

skills, that were very essential in their reintegration in the mainstream society. The livelihood

programs offered by the BJMP yielded a positive effect on the lives of the released inmates. Also,

the livelihood programs experienced by the released inmates contributed to their socioeconomic

status. This livelihood program may also minimize the deny of employment opportunities to

released inmates.

The study above focused on the BJMP rehabilitation program, particularly the livelihood

programs designed for the inmates and its effect to the lives of released inmates, however, the

present study will not just focus on these programs but will cover other initiatives, programs and

activities within the prison that is related in the political and civil rights of the persons deprived of

28
liberty in BJMP - Sorsogon City Jail. It will also explore other agencies involved in safeguarding

these rights of the inmates.

In line with Narag & Jones (2017), the Philippines' overcrowding, lack of staff, and lack

of resources have led to the creation of multi-occupancy cells, which house 100 offenders in a cell

designed for ten. A severe reduction in the number and quality of resources necessary for daily

life, such as wholesome food and clean water, is typically a consequence of overcrowding.

Resources are few, which increases the chance of rivalry and conflict over who gets to keep them.

Considering the fact that convicts may respond to overcrowding in a variety of ways, this implies

that overcrowding generally worsens inmate behavior. In addition, Narag and Jones (2019)

advocated the Philippine government have a long-term solution because it is the only way to

change the government's history of passivity. Their study focused on the prison culture and its

influence in Philippine prisons. A good financial strategy should be used to support reform

initiatives in the three crucial areas of structural, organizational, and cultural change.

The similarity of Narag and Jones studies and the present study is its focus in the life of

Persons Deprived of liberty, in general. On the other hand, it differs in the subject, wherein the

previous research studied the prison conditions in the Philippines, concentrated mostly in the

health aspect and studying on how the Philippine government must improve prison conditions,

while the present study looks out on the political and civil aspect within prison walls,s specifically

their rights. Insufficient resources in correctional facilities can affect the quality and availability

of essential services, including healthcare, education, and rehabilitation programs. This can hinder

inmates' chances of successful rehabilitation and reintegration into society upon release. In

addition, the previous study focused in the national level while the present study will focus only

in the local area. These issues not only affect the quality of life for detained individuals but can

29
also have broader societal implications. Overcrowding and inadequate prison conditions can lead

to increased recidivism rates, as individuals may not receive the necessary support and

rehabilitation to reintegrate into society successfully. Thus, recognizing and addressing these

issues is essential for promoting humane and effective corrections practices in the Philippines.

Moreover, these studies provided the researchers with the existing issues inside the prison that

impacts the civil and political rights of persons deprived of liberty thar are useful in analyzing the

roles of the Bureau of Jail Management and Penology in upholding these rights.

In conclusion, the studies reviewed in this section have provided a comprehensive overview of the

existing knowledge and research pertaining to the topic at hand. It is evident that a diverse range

of studies, theories, and perspectives has contributed to the researchers' present study.

While these prior works have laid the foundation for the researcher's inquiry, they also

highlight several gaps and opportunities for further investigation. As researchers proceed, we aim

to build upon this rich body of study, addressing these gaps and seeking to contribute new insights,

empirical evidence, and fresh perspectives to the field.

Synthesis of the State Art

The factors affecting the civil and political rights of those persons deprived liberty have

been the subject of previous literature and studies, including those by Lowndes et al. (2006),

Whistler (1977), Tejaro (2015), Roanoke (2009), Haynes (1940), Alipoyo (2021), and Narag &

Jones (2017).

The studies under evaluation offer insightful information on a number of prison-related

topics as well as the experiences of PDLs. They discuss issues such as the consequences of

30
institutional norms that are now in place, political activity inside prison walls, rehabilitation

initiatives, overcrowding, and the function of correctional staff. These studies help us grasp the

opportunities and problems in the criminal justice system on a larger scale.

This earlier research may have a diverse focus on different aspects of prison government

and existence, but they all aim to improve the circumstances and results for PDLs. Additionally,

they emphasize the necessity of better tools, programs, and efforts to aid in the rehabilitation and

reintegration of prisoners into society.

The current study intends to investigate, with an emphasis on the regional context, the Civil

and Political Rights of Persons Deprived of Liberty in Bureau of Jail Management and Penology

– Sorsogon City. By doing this, it aims to fill in certain knowledge gaps about political activity in

correctional facilities as well as add to the body of research already done in the field.

The research demonstrates the varied approaches taken in the field of corrections research and the

ongoing initiatives made to better the lives of PDLs through engagement in politics, treatment

programs, etc.

Gap Bridge by The Study

This presents the gap bridged by the study that will be used as a guide to help the readers

further understand The Civil and Political Rights of Persons Deprived of Liberty in Bureau of Jail

Management and Penology – Sorsogon City.

Most studies stated above focused on determining the challenges and participation of the

local citizens and Persons Deprived of Liberty. The literature theorized the willingness of the

Persons Deprived of Liberty to enforce their existing capacities and factors in variables that affect

the level of their participation.

31
 Moreover, many existing studies on civil and political rights of detainees in the Philippines

have a national or urban-centric focus. A gap in the literature may be the lack of research

specifically addressing the conditions and challenges faced by detainees in Sorsogon City or other

similar regional settings. Previous studies often address isolated aspects of detention conditions,

such as overcrowding or access to legal counsel. This study aims to bridge the gap by providing a

more holistic assessment of the civil and political rights of detainees, considering various factors

that collectively influence their experiences and rights.

Some studies have also addressed specific aspects of detainees' rights, such as

overcrowding or access to legal counsel. However, there may be a gap in the literature regarding

comprehensive assessments that consider all civil and political rights collectively. As many studies

rely heavily on quantitative data, such as statistics and numbers, which may not capture the

nuanced experiences and challenges faced by detainees. This study bridges the gap by

incorporating qualitative research methods, including interviews and surveys with detainees and

BJMP staff, to gain deeper insights into their experiences.

A single study was conducted to analyze the impact of Rules-in-use to the political

participation of the citizens in a local area. However, it lacks the discussion and analysis of the

collaboration and roles of other agencies that manage the rules-in-use. It doesn't comprehensively

analyze the roles, motivations, and interactions of various stakeholders (e.g., correctional officers,

advocacy groups, and government agencies), which might leave a gap in understanding how these

stakeholders impact the political participation of Persons Deprived of Liberty. In addition to the

gap, the researchers have also noticed an insufficient focus on policy recommendations. Whereas

most studies don't provide clear policy recommendations or actionable insights based on their

32
findings, that may also leave a gap in terms of practical implications for improving political

participation among Persons Deprived of Liberty.

A major distinction of this study from the other previous studies is that this focuses on the

Civil and Political Rights of Persons Deprived of Liberty that can provide insights into the

rehabilitation and reintegration of Persons Deprived of Liberty into society. Engaging in political

processes can be part of their reintegration journey. Detainees, as persons deprived of liberty, retain

fundamental human rights. Thus, the researchers believe that it is necessary to ensure that these

rights, including civil and political rights, are upheld and protected during their detention.

In conclusion, the reviewed literature and studies underscore the significance of understanding the

Civil and Political Rights of Persons Deprived of Liberty in the unique context of BJMP –

Sorsogon City. While existing studies have shed light on various aspects of this topic, there

remains a notable gap in our understanding, particularly within the specific regional dynamics of

Sorsogon City. This study seeks to bridge this gap by not only identifying issues but also providing

practical recommendations for policymakers, BJMP authorities, and other stakeholders to improve

the protection of detainees' rights. Detainees are individuals who are often marginalized and

vulnerable. This study is conducted to advocate for their welfare and to ensure that their rights are

respected, regardless of their legal status. By building upon the existing body of knowledge and

contextualizing it within BJMP – Sorsogon City, the researchers aim to contribute valuable

insights and recommendations that can inform policy, practice, and advocacy efforts in the pursuit

of justice, rehabilitation, and the protection of human rights.

33
Theoretical Framework

The study is anchored on the theory of role accumulation postulated by Sieber (1974).

Part of the thinking and rationale behind using a theoretical framework – namely, role

accumulation theory (Sieber, 1974) – is to understand how prisoners do their part and what should

be encouraged to allow them to do their part. Although services referred and provided to prisoners

are certainly helpful, the extent of services available or given will have little to no effect if prisoners

do not select or engage in appropriate social roles or do not interpret their involvement in a positive

light, (Martinez 2010).

The assumption that multiplicity of roles produces a strong tendency toward role strain as

a consequence of role conflict or role overload is disputed. The benefits of role accumulation tend

to outweigh any stress to which it might give rise, thereby yielding net gratification. Four types of

rewards derived from role accumulation are discussed: role-privileges; overall status security;

resources for status enhancement and role performance; and enrichment of the personality and ego

gratification. Taken together, as the number of social roles increases, the more privileges the

person will enjoy as a result. A distinction also must be made between rights and obligations in

this context, such that rights exceed and increase in excess of one’s obligations. The importance

of taking rights more fully into account in research and theory is emphasized. The possibility that

barriers to role accumulation are a source of social instability is briefly assayed. A key assumption

underlies current theories of social roles-those multiple relationships with diverse role partners is

a source of psychological stress and social instability. Goode in particular supports this viewpoint,

although it is more or less implicit in the writings of most role theorists. Goode introduced the term

34
"role strain" to signify the difficulty of performing multiple roles, asserting that the resultant

tendency toward strain is a ubiquitous feature of social life, (Reamico , 2022)

Sieber (1974) defines a role according to that of Merton (1957) and Gross et al. (1958) as

“pattern of expectations which apply to a particular social position and which normally persist

independently of the personalities occupying the position” (p. 569). The benefits of role

accumulation lead to gratification by outweighing any stress that may arise by involving oneself

in multiple roles. Sieber (1974) proposes four types of rewards that can be gained by an individual

from role accumulation: role-privileges; security; resources for status enhancement & role

performance; enrichment of the personality & ego gratification.

Role Accumulation Theory suggests that individuals occupy multiple roles in society, and

these roles may influence their behavior and experiences. In the context of this research on the

civil and political rights of persons deprived of liberty in the BJMP in Sorsogon City, Role

Accumulation Theory could be applied to understand how various roles within the prison system

contribute to the overall rights and experiences of individuals.

For instance, roles such as prison guards, administrators, legal representatives, and even

the detainees themselves each play a distinct role within the BJMP. Analyzing how these roles

interact and accumulate can provide insights into the dynamics affecting the civil and political

rights of those deprived of liberty. This is significant to explore the impact of these roles on

decision-making, access to justice, and the overall treatment of individuals within the prison

system.

Applying Sieber's Role Accumulation Theory to the study on the Civil and Political Rights

of Persons Deprived of Liberty in the Bureau of Jail Management and Penology – Sorsogon City

35
involves analyzing how individuals within the institution accumulate various roles and

responsibilities. Sieber's theory explores potential conflicts and synergies arising from holding

multiple roles. In this context, it means examining how diverse roles, such as law enforcement,

administration, and rights protection, intersect and impact the civil and political rights of persons

deprived of liberty. This approach provides a lens to understand how overlapping roles may

influence the dynamics within the institution and, consequently, the rights of detainees. Hence,

this role accumulation theory will prove as a foundation for this research purpose.

Theoretical Paradigm

Figure 1. Theoretical Paradigm

36
Conceptual Framework

The study is being organized in accordance with the Retributive Theory, which can be

applied to the examination of the justice system’s treatment of individuals in confinement. When

analyzing the civil and political rights of persons deprived of liberty, this theory prompts an

exploration of whether the conditions and restrictions imposed on incarcerated individuals align

with the principles of just desserts and proportionality. The primary objective of this study is to

thoroughly analyze and assess the civil and political rights of those incarcerated in Bureau of Jail

Management and Penology (BJMP) facilities in Sorsogon City.

The framework's fundamental principle is the recognition of the inherent civil and political

rights that every person—even those who are imprisoned—is guaranteed by the law. These

freedoms include the freedom of expression, the right to a trial that is impartial, the right to equal

protection under the law, and the right to take part in political activities. The study recognizes the

significance of protecting fundamental rights in the setting of prisons.

It strives to comprehend how BJMP-Sorsogon City administers, safeguards, and secures

the protection of the civil and political rights of those who are deprived of liberty. The functions

and responsibilities of the BJMP as the governing body in charge of managing these facilities. This

covers the creation and execution of laws and initiatives that support these rights.

The study examines the specific initiatives, programs, and actions that the BJMP initiated

to protect these rights. These might include a program of learning, access to legal counsel,

opportunities for political engagement inside the walls of the prisons, and protections against abuse

of these rights.

37
 Additionally, the interaction between BJMP-Sorsogon City and other important

government agencies, non-governmental organizations, and advocacy groups may be extremely

important in ensuring that the needs of those who are deprived of their liberty are taken care of

and that their rights are protected.

The study also considers the difficulties and problems that may hinder the full realization

of these rights within the BJMP-Sorsogon City facilities. To comprehend the obstacles that might

hinder the preservation of civil and political rights, factors including overcrowding, shortages of

resources, and societal attitudes toward inmates are addressed.

This seeks to offer a thorough understanding of the state of civil and political rights within

BJMP-Sorsogon City, illuminating current mechanisms and practices, areas for development, and

the wider societal implications of upholding or disregarding these fundamental rights within the

correctional system.

Through a survey questionnaire for the PDL and an interview guide for the BJMP

personnel, the answers will be gathered. The result will serve as useful information for the BJMP

of Sorsogon City to have a guide for the programs to be carried out in accordance with the civil

and political rights of PDLs.

38
Conceptual Paradigm

Figure 2. Conceptual Paradigm

Definition of Terms

For a better understanding of the study, the following terms were conceptually and

operationally defined:

Person Deprived of Liberty. Detainees whose cases are still under investigation, awaiting

judgment or undergoing trial, or awaiting final judgment from the courts (e.g. lower court

judgment or case is under appeal).

Political Participation. Political participation refers to voluntary activities undertaken by the mass

public to influence public policy, either directly or by affecting the selection of persons who make

policies. It includes a broad range of activities through which people develop and express their

39
opinions on the world and how it is governed, and try to take part in and shape the decisions that

affect their lives.

Prison Culture. Prison culture refers to the customs, beliefs, attitudes, values, and behaviors of

inmates within a specific prison. Prison culture also includes the prison code, which is an unwritten

set of rules that inmates are expected to follow. The prison code is based on loyalty from one

inmate to another. In addition, prison culture includes the language or slang that is commonly used

throughout the prison system.

Rehabilitation. It is the process of reintegrating people, for example, criminals, into society as

functioning members, able to reestablish themselves as useful and constructive.

Incarceration. Incarceration is the long-term confinement of convicted and sentenced offenders.

Recidivism. Recidivism is one of the most fundamental concepts in criminal justice. It refers to a

person's relapse into criminal behavior, often after the person receives sanctions or undergoes

intervention for a previous crime.

Correctional System. The Correctional System refers to the supervision of persons arrested for,

convicted of, or sentenced for criminal offenses. Correctional populations fall into two general

categories: institutional corrections and community corrections. Corrections data, with a few

exceptions, covers adult agencies or facilities and adult offenders.

Political Rights. Political rights refer to an individual's ability to participate in the civil and

political life of the society and state without fear of discrimination or repression, and is tied closely

to citizenship status. Such rights include not only the right to vote in an election, but also the rights

to join a political party; run for office; and participate freely in political rallies, events, or protests.

40
Civil Rights. Civil rights protect an individual’s right to equal social opportunities and equal

protection under the law. The right to equal employment, a fair trial, public education, public

facility access, marriage equality, and freedom of religion are examples of civil rights.

41
 Chapter III

Research Design and Methodology

This chapter presents the research design and methodology which will be used in answering

the problems. This also included the Sources of Data, Respondents of the Study, Data Gathering

Procedure, Research Instrument and Statistical Method.

Research Method

The study, "The Civil and Political Rights of Persons Deprived of Liberty in Bureau of Jail

Management and Penology (BJMP) – Sorsogon City" will use a mixed-method to

comprehensively explore the exercise of civil and political rights of those individuals deprived of

liberty within the BJMP in Sorsogon City, as well as assessing the roles of Bureau of Jail and

Management in upholding these rights.

Surveys and in-depth interviews are just two of the quantitative and qualitative techniques

this study will use. In order to assess inmates' opinions and experiences regarding the initiatives

and governance of the Bureau of Jail Management and Penology and its implications on civic and

political engagement, organized surveys will be given to inmates and BJMP personnel. The

qualitative component involves carrying out in-depth interviews with a small number of

participants in order to obtain accurate data about their perspectives and the less obvious

implications of the programs implemented by the Bureau of Jail Management and Penology.

With the help of these techniques, the study attempts to offer a thorough knowledge of the

civil and political rights of persons deprived of liberty and how the designated agency of the

government guarantees these rights even with the deprivation of liberty.

42
Sources of Data

Both primary and secondary data sources will be used in this study. As primary data

sources, interviews with detainees, BJMP personnel, and other relevant government authorities

will be conducted. Surveys will also be administered to learn what people think of Civil and

Political Rights. The researcher will use secondary data sources to enhance the study on "The Civil

and Political Rights of Persons Deprived of Liberty in Bureau of Jail Management and Penology

– Sorsogon City." This will involve reading up on related initiatives in other areas or nations,

looking at official BJMP reports, and gaining access to government articles regarding the

program's implementation and its effects on political involvement. Utilizing both primary and

secondary data sources will enable a thorough analysis of the study's goals and outcomes in the

future.

Respondents of the Study

The respondents of the study on "The Civil and Political Rights of Persons Deprived of

Liberty in Bureau of Jail Management and Penology – Sorsogon City" would likely include:

1. Persons Deprived of Liberty (PDLs) - Inmates within BJMP facilities in Sorsogon City who are

the primary focus of the study.

2. BJMP- Correctional officers, administrators, and other personnel working within these agencies

who are involved in the specific initiatives, programs, and actions that protect the civil and political

rights of PDLs.

The respondents would be essential for gathering data and insights into how the said agencies

initiate programs to uphold the civil and political rights of those deprived of liberty within the

43
BJMP in Sorsogon City. However, the researchers are currently in the process of gathering data to

determine the total population of Persons Deprived of Liberty (PDLs) in Sorsogon City.

Nevertheless, the population will represent the entire group from which the study's sample (the

respondents) will be selected for data collection and analysis.

Data Gathering Procedure

In the future study, the researchers will follow a specific set of procedures. Initially, the

researchers will draft a formal letter seeking permission from the Regional Director of the Bureau

of Jail Management and Penology (BJMP) Region V to carry out their research within the

jurisdiction of BJMP – Sorsogon City. This letter will include the signatures of the researchers,

endorsed by their Thesis Adviser and Research Professor, and it will have the supporting consent

of the Head of the Political Science Department and the Dean of the College of Social Sciences

and Philosophy.

Additionally, another letter will be presented to the BJMP in Sorsogon City, requesting

approval to create a structured questionnaire aimed at exploring the civil and political rights

awareness of persons deprived of liberty, the services and programs they are receiving about these

rights and the effectiveness of the Bureau of Jail Management and Penology in upholding these

rights of the inmates. The researchers will seek permission to conduct surveys and interviews under

the supervision of jail personnel. Alongside this request, the researchers will attach the interview

guide and survey questionnaires, which will serve as the instrument for their research.

In addition to the procedural steps outlined, the researchers will take several additional

measures to ensure the smooth execution of their study:

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Informed Consent: Before conducting surveys and interviews with PDLs, the researchers will

obtain informed consent from each participant. This process will include explaining the purpose

of the study, the voluntary nature of participation, and the assurance of confidentiality.

Security Protocols: Given the sensitive nature of the research conducted within a correctional

facility, the researchers will comply with security protocols established by the BJMP. They will

cooperate fully with BJMP staff to ensure the safety and security of both researchers and

participants.

Coordination with other Government Agencies: Throughout the research process, the researchers

will maintain open communication and coordination with external stakeholders, including NGOs,

community leaders, and local government representatives that accommodates the inmates’ civil

and political rights outside the jurisdiction of the Bureau of Jail Management and Penology.

Research Instrument Piloting: Prior to full-scale data collection, the researchers will conduct a

pilot test of their structured questionnaire and interview guide to identify and address any potential

issues or ambiguities in the instruments.

Ethical Considerations: The researchers will adhere to ethical guidelines and principles throughout

the study, prioritizing the well-being and rights of all participants, including PDLs, BJMP staff,

and external agencies and organizations that will contribute to the study.

Data Security: All collected data, including survey responses and interview transcripts, will be

securely stored and anonymized to protect the identities of participants.

Data Validation: Preliminary findings and data interpretations will be shared with BJMP

authorities, staff, and external stakeholders for feedback and validation, ensuring the accuracy and

credibility of the research.

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These additional measures will underscore the researchers' commitment to conducting a rigorous

and ethical study while working within the confines of a correctional facility and collaborating

with other agencies.

Research Instrument

The researchers will use an interview guide and survey questionnaire as their research

instrument. The interview guide will use Filipino language and will not contain all the questions

to be asked since the researcher will use the informal type of interview which will enable the

respondents to deepen their answers and share their experiences. The researchers will prepare two

interview guides, one for the personnel in the BJMP, and another one for the Persons Deprived of

Liberty. Aside from the interview guide to be asked to the Persons Deprived of Liberty, the

researchers will also prepare a survey questionnaire organized in checklist form listed in Filipino

language in order for the PDLs to have a pure view of the queries which they are going to answer.

The questionnaire for the PDLs will be covering two parts: first part will include their

profile such as their name which is optional, age and sex. The second part covers their experiences

and perceptions regarding the programs initiated by the Bureau of Jail Management and Penology

in upholding their civil and political rights.

Statistical Treatment of Data

In this study, in order to get the total number of respondents, the researchers will use

percentage to measure the central tendency of the responses of the respondents, frequency count

and ranking.

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 In the broadest definition, statistical: of relating to, based on or employing the principles

of statistics. Statistics deals with the branch of mathematics dealing with the collection, analysis,

interpretation and presentation of masses of numerical data.

Percentage. This method involves expressing a portion of the responses as a rate out of 100. For

example, if 30 out of 50 respondents agree with a statement, the percentage agreement would be

calculated as (30/50) * 100 = 60%. It provides a clear comparison of parts within a whole.

Frequency Count. The frequency count measures the number or proportion of items falling into

specific categories within the dataset. For instance, if a survey includes responses like "Agree,"

"Neutral," and "Disagree," the frequency count would reveal how many respondents fall into each

category. It offers a quantitative overview of categorical data.

Ranking. Ranking is utilized to establish the order of variables, either in ascending or descending

order. This method helps prioritize or sequence items based on their significance or magnitude.

For instance, if survey participants rank different factors influencing their decisions, the

researchers can identify the most influential factors.

In the broader context, statistics as a field of study involves the application of mathematical

principles to collect, analyze, interpret, and present large sets of numerical data. It provides a

systematic framework for understanding patterns, relationships, and trends within data, facilitating

informed decision-making.

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