INSTITUTIONAL CORRECTION

Punishment
Alternative to Imprisonment
Correctional Administration
The Bureau of Corrections
Bureau of Jail Management and Penology
 Chapter 3: Punishment
• Primeval sense: is the infliction of some sort of pain
on the offender for violating the law.
• Legal sense: it refers to individual redress or personal
revenge.
• Therefore, it is defined as the system of redress that
the state takes against the offending member. It is a
form of disapproval for certain behaviors that involves
imposing a penalty. It is also the infliction or
imposition of a penalty as a form of retribution for an
offense.
 EARLY FORMS OF PUNISHMENT
• Death penalty
 EARLY FORMS OF PUNISHMENT
• Corporal punishment
 EARLY FORMS OF PUNISHMENT
• Public humiliation
 EARLY FORMS OF PUNISHMENT
• Banishment
Brutal and Ruthless Forms of Punishment

• Iron Maiden
Brutal and Ruthless Forms of Punishment

• The Rack
Brutal and Ruthless Forms of Punishment

• The Scavenger’s Daughter

 Purpose of Punishment
• Deterrence
discourages or intended to discourage someone
from doing something
• General Deterrence
convince potential criminals that the punishment
they face will be certain, swift and severe
• Specific Deterrence
convincing offenders that the pain of punishment
are greater than the benefits of crime
 Purpose of Punishment
• Incapacitation
imprisonment
• Retribution
a punishment should be no more nor less than
what the offender’s actions deserve and must be
based on how blameworthy the person is
Chapter 4: Alternatives to Imprisonment

• Absolute and Conditional Discharge

the most lenient sentence
a discharge may be granted for a minor or first-
time offender that does not carry a minimum sentence
for which the sentence is less than 14 years
 Absolute discharge: even though the accused is
found guilty, the judge sets the person free
 Conditional discharge: a release with terms
attached
Chapter 4: Alternatives to Imprisonment

• Binding Over
means holding a person for trial on bond (bail) or in jail
• Fines
a common punishment for a variety of crimes especially
less serious offenses committed by first-time offenders
• Probation
offenders are released but they have to follow the
conditions fixed by the court and must be under the
supervision of the supervision officers for not less than
Chapter 4: Alternatives to Imprisonment

1 year and not more than 3 years

• Suspension of sentence of imprisonment
this means suspending or putting prison time on
hold provided the defendant complies with certain
other obligations
• Committal to the care of a fit person
if the offender is less than 17 years, the court may
commit him to the care of a person who is deem fit
until he turns 18 years old
Chapter 4: Alternatives to Imprisonment

• Remission or release on license or parole

– Remission: is the reduction of term of a prison
sentence usually due to good behavior or conduct
– Release on license: means that prisoners may be
released at the halfway-point of their fixed
sentence and spend the remaining part of the
sentence ‘on license’ during which, they must
follow strict conditions
– Parole: refers to the release of convicted criminal
Chapter 4: Alternatives to Imprisonment

after serving a portion of their sentence, provided they

are sufficiently rehabilitated and do not pose a threat
to society
• Community service
usually involves rendering unpaid labor by the
offender with assignments
• House arrest, home confinement or home detention
requires the offender to remain within the confines
of the home during the specified times and to
Chapter 4: Alternatives to Imprisonment

adhere to a strict curfew

• Day Reporting Centers
non-residential locations, which offenders must visit
daily to participate in program activities to work out a
schedule detailing their activities outside the center
• Residential Community Corrections
include halfway houses, pre-release centers,
community works treatment center and restitution
centers
 Extinction of Criminal Liability
A. Total Extinction of Criminal Liability
1. By death of the convict.
2. By service of sentence.
3. By amnesty.
4. By absolute pardon.
5. By prescription of the crimes.
6. By prescription of penalty.
7. By marriage of the woman as provided in Article
344 of the Revised Penal Code
 Extinction of Criminal Liability
Justifying Circumstances
1. Self-defense. Anyone who acts in defense of his person
or rights.
2. Defense of relative. Anyone who acts in defense of the
person or rights of his spouses, ascendants,
descendants, or legitimate or adopted brothers or sisters,
and those by consanguinity within the fourth civil degree.
3. Defense of strangers. Anyone who acts in defense of the
person or rights of a stranger and the person defending
be not induced by revenge, resentment or other evil
motive.
 Extinction of Criminal Liability
4. Fulfillment of duty. Any person who acts in the
fulfillment of duty or in the lawful exercise of a right
or office.
5. Obedience to superior order. Any person who acts
in obedience to an order issued by a superior for
some lawful purpose.

B. Partial extinction of criminal liability

6. By conditional pardon
7. By commutation of sentence
 Extinction of Criminal Liability
3. For good conduct allowances, which the culprit may
earn when he is undergoing preventive imprisonment
or serving his sentence

Exempting Circumstances
1. Basis. The exemption from punishment is based
on the lack of any of the elements that make the
act/omission voluntary, i.e., freedom, intelligence,
intent or due care.
 Extinction of Criminal Liability
2. Obligation incurred by a person granted
conditional pardon. Any person who has been
granted conditional pardon shall incur the
obligation of complying strictly with the condition
imposed
3. Effect of commutation of sentence. The
commutation of the original sentence for another
of a different length and nature shall have the legal
effect of substituting the latter in the place of the
former
 Extinction of Criminal Liability
4. Exemptions from punishment. Circumstances like
minority of age, absence of intelligence, absence of
freedom of action or absence of penal code
5. Effect of pardon by the offended party. As a rule, a
pardon by the offended party does not extinguish
criminal action, except as provided under Article 344
of the RPC.
 Chapter 5: Correctional Administration

Corrections
is a branch of the criminal justice system
concerned with the custody, supervision and
rehabilitation of criminal offenders.
Correctional Administration
refers to the planning and managing of institutional
facilities and programs for housing and rehabilitating
prisoners in the public and/or private sectors.
 Chapter 5: Correctional Administration

3 Basic Components of Corrections

1. Safekeeping and rehabilitation of offenders
BuCor ensures the national prisoners serve their
sentence and rehabilitated while in custody
2. Pardon, parole and probation
BPP grants parole to qualified offenders and
recommends pardon.
PPA conducts investigation and supervises offenders
granted parole, pardon and probation as well as first-time
minor drug offenders for rehabilitation and reintegration.
 Chapter 5: Correctional Administration

3. Victim compensation
The government provides monetary compensation
for victims of violent crimes and unjust imprisonment
through the Victims Comensation Programs.
Different Models of Correctional Administration

Responsibility Model
Responsibility for assuring prescribed behavior
lies on the prisoners themselves and not on the
system of administrative control.
Custodial Model
Discipline is strictly applied and most aspects of
behavior are regulated. Security and order are
maintained through the subordination of the prisoners
to the authority of the warden.
Different Models of Correctional Administration

Control Model
puts emphasis on prisoner obedience, work and
education
Rehabilitation Model
security and housekeeping activities are viewed as
key to rehabilitation efforts
Reintegration Model
based on the assumption that it is important for the
prisoners to maintain or develop ties with free society
Different Models of Correctional Administration

Total Institution Model

every minute spent inside the facility must be in
accordance with the rules enforced by the staff
Penitentiary Model
Separate system uses solitary confinement and
manual labor. The prisoners are separated from one
another and from the outside world.
Congregate system allows prisoners to sleep in
solitary cells and work together, but must observe
complete silence.
Different Models of Correctional Administration

Progressive Model
a more humanitarian model that combines
reformatory and scientific penitentiary
 Chapter 6: The Bureau of Corrections

The BuCor Mission

1. maximizing the asset value of the BuCor to
effectively pursue its responsibility in safely
securing and transforming national prisoners
through responsive rehabilitation programs
managed by professional correctional officers
2. Mandating the principal task of rehabilitating
national prisoners
 Chapter 6: The Bureau of Corrections

The BuCor Mission

1. maximizing the asset value of the BuCor to
effectively pursue its responsibility in safely
securing and transforming national prisoners
through responsive rehabilitation programs
managed by professional correctional officers
2. Mandating the principal task of rehabilitating
national prisoners
Chapter 6: The Bureau of Corrections
BuCor mandates
a. Safekeeping of national inmates: include decent provisions
of quarters, food, water and clothing
b. Reformation of national inmates:
– Moral and spiritual programs
– Education and training programs
– Wok and livelihood programs
– Sports and recreation programs
– Health and welfare programs
– Behavior modification program
Chapter 6: The Bureau of Corrections
c. Professional reformation personnel
– Corrections technical officers are personnel
employed in the implementation of reformation
programs and thoe personnel whose nature of
works requires proximate or direct contact with
inmates.
Chapter 6: The Bureau of Corrections
c. Professional reformation personnel
– Corrections technical officers are personnel
employed in the implementation of reformation
programs and thoe personnel whose nature of
works requires proximate or direct contact with
inmates.
Chapter 6: The Bureau of Corrections
7 Prison Facilities in the Country
1. New Bilibid Prison in Muntinlupa
2. Correctional Institute for Women (CWI) in
Mandaluyong City
3. Iwahig Penal Colony in Sta. Lucia, Palawan
4. Davao Penal Colony in Davao
5. Sablayan Penal Colony in Occidental Mindoro
6. San Ramon Prison and Penal Farm in Zamboanga
del Norte
7. Leyte Regional Prison in Abuyog, Leyte
Chapter 6: The Bureau of Corrections
Degrees of Custody of Prisoners
• Super Security
intended for a special group of prisoners composed
of incorrigibles and dangerous persons who are
difficult to manage for being the source of constant
disturbance in the maximum security institution
• Maximum Security
is for habitual troublemakers who may not be as
dangerous as the super security prisoners and they
wear orange uniforms
Chapter 6: The Bureau of Corrections
• Medium Security
is for prisoners who may be allowed to work outside the
institution under guard escorts and they wear blue uniforms
• Minimum Security
is for prisoners who can already be trusted to report for
work places of work assignment without presence of guards
and they wear brown uniforms
• Detention
is for individual held in custody, prior to formal charges
and they wear gray uniforms
Chapter 6: The Bureau of Corrections
The Bureau of Correction Act of 2013
– May 28, 2013, Pres. Benigno Aquino III signed the the
Bureau of Corrections Act of 2013 or Republic Act 10575
– it seeks to modernize, professionalize and restructure
BuCor by upgrading its facilities, increasing the number of
its personnel, upgrading the level of qualifications of their
personnel and standardizing their base pay, retirement and
other befits
– Under RA 10575, operating prisons and penal farms
should have dormitories, an administration building,
security fences, a hospital, a recreation center, a training
center, a workshop center an a visiting area.