Correctional Administration
Correctional Administration
Administration
Institutional Corrections
Therapeutic Modalities
History has shown that there are three main legal systems in the world,
which has been extended to and adopted by all countries aside from those
that produced them. In their chronological order, they are the Roman, the
Mohammedan or Arabic and the Anglo-American Laws. Among the three,
it was Roman Law that has the most lasting and offered the most adequate
basic concept which sharply define, in concise and inconsistent terminology,
mature rules and a complete system, logical and firm, tempered with a high
sense of equity.
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) - Babylon, about 1990 BC,
credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were
nearly one hundred years older.
a. Justinian Code - 6th A.D. , Emperor Justinian of Rome wrote his code of law. An
effort to match a desirable amount of punishment to all possible crimes. However, the law did
not survive due to the fall of the Roman Empire but left a foundation of Western legal codes.
* The Twelve Tables (XII Tabulae), (451-450 BC) - represented the earliest
codification of Roman law incorporated into the Justinian Code. It is the foundation of all
public and private law of the Romans until the time of Justinian. It is also a collection of legal
principles engraved on metal tablets and set up on the forum.
b. Greek Code of Draco - in Greece, the Code of Draco, a harsh code
that provides the same punishment for both citizens and the slaves as it
incorporates primitive concepts (Vengeance, Blood Feuds).
*The Greeks were the first society to allow any citizen to prosecute
the offender in the name of the injured party
The Philippines is one of the many countries that came under the
influence of the Roman Law.
Eventually, the Spanish Civil Code became effective in the
Philippines on December 7, 1889, the “Conquistadores” and the
“Kodigo Penal”(The Revised Penal Code today, 1930) was introduced
by the Spaniards promulgated by the King of Spain. Basically, these
laws adopted the Roman Law principles.
Mostly tribal traditions, customs and practices influenced laws during
the Pre-Spanish Philippines. There were also laws that were written which
includes:
1770 - 1880
The Pioneers
1. William Penn (1614-1718)
- Originated Pennsylvania Prison System
- He is the first leader to prescribe imprisonment as correctional treatment for
major offenders.
- He is also responsible for the abolition of death penalty and torture as a
form of punishment.
Afflictive Penalties
Reclusion Perpetua 20Y & 1D to 40Y
Reclusion Temporal 12Y & 1D to 20Y
Prision Mayor 6Y & 1D to 12Y
Correctional Penalties
Prision Correccional 6M & 1D to 6Y
Arresto Mayor 1M & 1D to 6M
Light Penalties
Arresto Menor 1D to 30D
Institutional Corrections
Institutional Correction - rehabilitation or correctional programs
takes place inside correctional facilities or institutions such as
penitentiaries and jails.
1. Commission of Crime
3. City Prisoners - Those sentenced to suffer a term of imprisonment from 1 day to 3 years or
a fine of not more than 1,000 pesos or both.
The BJMP exercises supervision and control over all cities and
municipal jails throughout the country. The enactment of Republic
Act no. 6975 created the BJMP. It operates as a line bureau under
the Department of the Interior and Local Government (DILG).
Powers - shall exercise supervision and control over all districts, city and municipal jails to ensure a secured,
clean, sanitary and adequately equipped jail for the custody and safekeeping of city and municipal prisoners,
any fugitive from justice or persons detained awaiting investigation or trial and/or transfer to the National
Penitentiary, and any violent, mentally ill person who endangers himself or the safety of others.
1. Command Group
- Chief, BJMP
- Deputy C/BJMP
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and Investigation Division
3. Special Staff Groups
- General Services Unit
- Health Services Unit
- Chaplain Services Unit
- Community Services Unit
- Finance Services Unit
- Hearing Office
4. Personal Staff Groups
- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit
Rank Classification of the BJMP
Rank Position/Title Appointing Authority
1. Probation
2. Parole
3. Conditional Pardon
Probation
- it is a disposition whereby a defendant, after conviction of an offense, the
penalty of which does not exceed 6 years of imprisonment, is released
subject to the conditions imposed by the releasing court and under the
supervision of a probation officer.
A quasi-judicial body which was created under Act No. 4103 otherwise
known as the Indeterminate Sentence Law or the Parole Law, the
agency that grants parole to any prisoner who is qualified to enjoy its
benefit. It employs the service of Parole Officers in providing supervision
and guidance to parolees.
Who are disqualified for Parole?
1. Those prisoners who are sentenced with capital punishment or life
imprisonment
2. Those who are convicted of treason, conspiracy or proposal to commit
treason, misprision of treason, rebellion, sedition or piracy
3. Habitual Offenders
4. Those who escaped from confinement or evaded sentence
5. Those who have been granted with conditional pardon but violated the
terms and conditions thereof
6. Those prisoners who are serving a maximum term of imprisonment not
exceeding one year.
Parole vs. Probation
Parole Probation
Executive Function Judicial Function
Granted only after he has served minimum of Granted immediately after conviction
his sentenced.