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Institution AL Correction S: Sorsogon College of Criminology, Inc

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Institution AL Correction S: Sorsogon College of Criminology, Inc

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© © All Rights Reserved
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Sorsogon College of Criminology, Inc.

3928 Rizal St., Piot, Sorsogon City


Tel No: 211-00-17
COLLEGE OF CRIMINAL JUSTICE EDUCATION

CORRECTIONAL
ADMINISTRATION 1

INSTITUTION
AL
CORRECTION
S

1st Semester, AY: 2020-2021


MODULE 1
Pre-finals – Finals Coverage
PENAL SYSTEM IN THE PHILIPPINES

1847 – the Old Bilibid Prison has been operational, main insular penitentiary was
constructed and formally opened by a Royal Decree in 1865. CARCEL Y PRESIDIO
CORRECTIONAL was formed erected at Mayhaligi St., in Sta.Cruz, Manila now the present
site of Manila City Jail. Insular prisoners were subjected to all forms of punishment and many
prisoners died after few months of detention.
1869 – San Ramon Prison and penal Farm in Zamboanga City which was named after
the patron Saint of its founder Ramon Blanco was established primarily to confine political
offenders.
1898 – San Ramon Prison was closed during the Spanish-American War. American tried
to correct the system by introducing some techniques of handling offenders humanely.
November 16, 1904 – Iwahig Penal Colony in Palawan was established with 16
prisoners sailed for Palawan to start building the colony thereat on orders of Governor Forbes,
then the incumbent Secretary of Commerce and police. The most open penal farm in the world.
1904 – The San Ramon Prison was reopened.

The Reorganization Act of 1905 created the Bureau of Prisons under the Department of
Commerce and Police, then transferred to the Department of Public Instruction and finally places
under the deprtment of justice. The three (3) prisons and penal colonies, Old Bilibid, San Ramon,
and iwahig were placed under the Bureua of Prisons jurisdiction including the Corregidor
Stockade and the Bontoc Prison, which was later, phased out of use.
1916 – Propsed Correctional Code was enacted and introduced leniency for convicted
prisoners.
1924 – Commonwelath Act No. 3203 established the Refromatory for Boys and Girs;
November 27, 1929 – Correctional Institution for Women in mandaluyong, Rizal was
established by

authority of Act No. 3579.


January 21, 1932 – Davao Penal Colony was established in accordance with Act No.
3732 and Proclamation 414 Series of 1931.
1941 – prisoners from the Old Bilibid Prison was transferred to its present site in
Muntinplua and renamed the New Bilibid Prison which was later became the main Insular
Prison.
Under the Philippine Republic after World II, two (2) more prisons were created to
decongest the over-crowded condition of the New Bilibid Prison. These are:
Sablayan Penal Colony in Mindoro Occidental which was established on September 27,
1954; and Leyte Regional Prison in Abuyog, Leyte which was established on January 16, 1973.

The Philippine Correctional System


The Philippine Correctional System has two (2) approaches, Institution and Community-
Based Approach.
1. The institution-based has three (3) levels: the national, provincial, and sub-provincial
jails and the district, city and municipal jails.
Presently there are three (3) Executive Departments that supervise and control the
numerous institutional facilities nationwide, which provides incarceration and
rehabilitation to offenders. These are the Department of Justice (DOJ),
Department of the interior and local government (DILG) and the Department of
Social Welfare and Development (DSWD).
2. The community-based approach has probation, parole, conditional pardon and release on
recognizance as mode of release.

Jail Laws
P.D. 765 – enacted on July 16, 1975 creating the office of the Jail Management and
Penology under B/Gen. Laquian, during that time 18-22% of the annual income of the local
government were given to PC/INP as their salarie and allowances. The city and municipal jails
were under the supervision and control of the local PC/INP and supported by the local
government financially.
R.A. 6975 (DILG Act 1990)- it created the PNP, Fire and Jail Services as separate and
distinct bureaus, on July 1, 1991, BJMP was created under the DILG to supervise and control the
administration and operation of all district, city and municipal jails.

Definition of Terms
As used in the Bureau of Jail Management and Penology Manual, the following terms are
defined:
Commitment Order – A written order of the court or any other competent authority
consigning an offender to a jail or prison for confinement.
Contraband – Any article, item, or thing prohibited by law and/or forbidden by jail
rules.

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

Instrument of Restraint – A device, contrivance, tool or instrument used to hold back,


keep in check or control an inmate; e.g. handcuffs, leg irons.

Jail – A place of confinement for inmates under investigation, awaiting or undergoing


trial, or serving sentence.

Mittimus – A warrant issued by a court bearing its seal and signature of the judge,
directing the jail or prison authorities to receive inmates for custody or service of sentence
imposed therein.

Penology – A branch of criminology, which deals with management and administration


of inmates.

Rehabilitation – A program of activity directed to restore an inmate’s self-respect


thereby making a law-abiding citizen after serving his sentence.

Safekeeping – The temporary custody of a person for his own protection, safety or care;
and/or his security from harm, in jury or danger for the liability he has committed.

Inmate – Either a prisoner or detainee confined in jail.


Detainee – A person accused before a court or competent authority who temporarily
confined in jail while undergoing investigation, awaiting final judgment.

Prisoner – An inmate who is convicted by final judgment and classified as insular,


provincial, city or municipal prisoner.

COMMITMENT AND CLASSIFICATION OF INMATES


COMMITMENT – Means the entrusting for confinement of an inmate to a jail by
competent court or authority for investigation, trial and/or service of sentence.

CLASSIFICATION – Refers to assigning or grouping of inmates according to their


sentence, gender, age, nationality, health, criminal records, etc.

2 CATEGORIES OF INMATES
 Prisoners
 Detainees

3 CLASSIFICATION OF PRISONERS
Insular Prisoner – One who is sentences to a prison term of three (3) years and one (1)
day to death.
Provincial prisoner – One who is sentence to a prison term of six (6) months and one (1)
day to three (3) years
City or Municipal Prisoner – One who is sentence to a prison term of one (1) day to six
(6) months.

3 CLASSIFICATION OF DETAINEES
 Undergoing investigation;
 Awaiting or undergoing trial; and
 Awaiting final judgment.

RECEPTION PROCEDURES

 The Jail Desk Officer shall carefully check the credentials of the person bringing
in the inmate to determine his identity and authority.
 He shall examine carefully the arrest report and the authenticity of the
commitment order or Mittimus in due form to determine whether the inmate has
been committed under legal authority as provided for by Section 3 Rule XIII,
Rules of Court.
 The Admitting officer or jailer shall take all cash and other personal property
form the inmate or detainee. Property receipt of the property of inmates in
duplicate.
 All cash and valuables of inmate must be turned over to Property Custodian or
Trust Officer for safekeeping.
 The inmate shall then be fingerprinted and his photograph taken.
 The admitting officer or jailer shall accomplish a jail booking report in four (4)
copies.
 The newly admitted inmate shall accomplish be thoroughly strip search followed
by a careful examination of his clothing for contraband. He shall be checked for
body vermin, cuts, bruises and other injuries.
 The Jail Physician or the Local Health Officer shall immediately conduct a
through medical examination of the inmate.
 When it is not possible for the Jail Physician to be in attendance during the
admission of the inmate, the receiving officers shall observe the mental alertness,
overall apprance and physical abnormalities or appearance of rashes or other
identifying marks of the individual and not them in the inmate’s booking report.
 A medical record shall be accomplished by the jail physician or Local Helath
Officer showing the condition of the inmate at the time of admission, and, to
include, if possible, his medical history.
 A social case study shall be made by a social worker as a basis for the inmate’s
classification and proper segregation.
 The sentences prisoner shall be provided with clothing. The detainee, for his own
safety, may be allowed to wear civilian clothes.
 As soon as possible, the inmate should be briefed or oriented on the jail rules and
regulations.
 If available, the inmate should be issued all the materials that he will be using
during his confinement.
 Detainee id presumed innocent and shall be treated as such. If possible, he shall
be segregated from convicted prisoners.
 If the inmate agrees to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be asked to manifest his “Agreement” in writing.
 Any violation, failure or neglect to perform his assigned work shall be considered
sufficient cause for the cancellation of the “Agreement” and shall not be treated as
sentences prisoner and cease to earn the privilege granted.
 An inmate who is covered by a ‘Certification” shall not be required to work but
he may be made to polish his cell or perform other work as may be necessary for
hygienic or sanitary reasons.
 The Warden shall submit the “Agreement” or “Certification”, as the case may be,
to the proper court before the date set for the arraignment of the detainee and
same shall form part of the records of the case.
 Full time credit for the preventive imprisonment shall commence form the date of
the “Agreement”.

MANNER OF RELEASING

1. Prisoner may be released by:


 Service of Sentence;
 Order of the Court;
 Parole;
 Pardon;
 Amnesty;
 Any lawful order of competent authority.
2. If feasible, an inmate shall be notified of his release at least one week before the date of
such discharge;
3. Before the inmate is released he shall be properly identified to ensure that he is the same
person received and to be released. His marks and fingerprints shall be verified with
those taken when he was received.
4. No inmate shall be released on a mere verbal order or by telephone.
5. An inmate shall be released promptly and without unreasonable delay.
6. Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release.
7. The released inmate shall be issued a Certificate of Discharge from jail by the Warden
or Jailer.

CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF PRISONERS


AND DETAINEES DUTIES OF THE CUSTODIAL FORCE
 Members of the custodial force shall have the following duties and
responsibilities:
 Supervise and maintain order and discipline of inmates in housing units, those
assembled for religious services, entertainment and athletics, during meals,
classes, work details, baths and visits;
 Censor offender’s mail;
 Inspect security devices;
 Maintain inner and outer perimeter security;
 Escort inmates to court, other authorized places of confinements and to hospitals
in cases of emergencies;
 Insure custody and safety to those confine in jail;
 Escort visitors within the jail premises;
 Report any infringement of rules and regulations to proper authorities;
 Inform the Warden of any emergency case;
 Keep and maintain records of the inmates;
 Perform such other duties as may be assigned by competent authority.
SECURITY AND CONTROL
The following should be strictly observed in jail, security and control:
 Maintain strict control of firearms. Never permit any firearm inside the jail
except in some areas where firearms are authorized.
 Maintain 24-hour supervision of inmates.
 Maintain a system of key control, which shall include an accurate listing of all
keys and of Secure firearms and anti-riot equipment in the armory where they
shall be within easy reach of the jail guard and yet afford maximum security
against access by offenders.
 Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep them out of offenders reach when not
in use.
 Conduct regular inmates’ count at least four (4) time within the 24-hour a day-
period. Establish procedures, which will ensure beyond doubt, that every offender
is physically present or accounted for, at every count.
 Conduct frequent surprise searches of offenders and their quarters to detect
contraband.
 Conduct frequent inspections of security facilities to detect tampering or defect.
 Develop plans dealing with emergencies like escapes, fires, assaults, riots, and
noise barrage. Make plans known and understood by jail personnel.
 Never allow a jail guard to open the inmates’ cells alone. At least, another guard
should be present.
 Select carefully the inmates to be assigned as orderly or aide and maintain rigid
should be present.
 Select carefully the inmates to be assigned as orderly or aide and maintain rigid
control over their activities. No offender should be allowed to assume any of the
authority, which belongs to the jail staff or shall any inmate be allowed to
exercise authority, supervision and control over other prisoners.
It is a part of the institutional procedure that at specified times during each 24-
hour period, all inmates are physically counted, for this type of count, the general
procedures are as follows:
 Each inmate is counted physically at specified times;
 During the count, all movement of inmates shall cease until the count is
completed;
 The Count must be accurate. A positive verification must be made that the
inmates are physically present;
 Result of each of a group of inmates is submitted to the Warden and /or Deputy
Warden; and if the total jail count does not tally with the total jail population in
any given time, verification shall be made. An immediate report shall be rendered
to the Warden and/or Deputy Warden for any unaccounted inmate.

DINING ROOM SECUIRTY


 As a general precaution, individual mess utensils of inmates shall be made of
plastics.
 When dining rooms are provided, the inmates should be marched in column of
two’s along designated routes under the supervision of one or two jail personnel.
Other officials must be stationed along the route to direct the orderly movement
of inmates to and from the mess hall.
 There must be a roving supervisor to handle occasional disturbances or settle
complains.
 After meals, all utensils used by the inmate should be collected. This should be
strictly supervised by jail personnel to be sure by the inmate should be collected.
This should be strictly supervised by jail personnel to be sure that no utensils are
brought out of the dining room.
 Forks, spoons and other kitchen utensils should be checked and accounted for
after every meal.
MAIL CENSORSHIP
Communication with relatives, friends and lawyers are encouraged among inmates
through correspondence. However, this privilege will be extended to inmates subject to
following regulations:
 Duly designated censor, a member of the custodial force will maintain and record all
incoming and outgoing mails of inmates;
 The inmate’s mail shall be opened and searched only by qualified, trained and authorized
jail personnel;
 Letters containing currency, checks or money should be marked with the amount
enclosed and deposited with the Trust Officer or Property Custodian.
 All greeting cards should be carefully examined and fillers of any kind found therein
should be collected for laboratory examination;
 Photographs clearly within the scope of the jail regulations should be marked on the
reversed side and placed in the envelop;
 Prison slang, unusual nicknames and sentences with double meaning should be carefully
studies and analyzed to determine the real meanings;
 All letters containing statements concerning the security or reputation of the jail, like
attempts of escape, smuggling of contraband and statement that may affect the rules and
regulations etc., shall be forwarded to the officer-in-charge of mail censorship;
 All letters passed by censors should bear the stamp at the top of each page and on the
envelope.
 Contents of inmate’s mail should not be discussed with other jail personnel, except for
official purposes;

MOVEMENT/TRANSFER OF INMATES
 Maximum security measures shall be observed at all times in proving escort to
non-bailable in mates following the ratio of one is to one plus one (1:1+1)
security.
 Inmates in transit should always be handcuffed.
 Regard all non-bailable inmates being transferred as extremely dangerous to avoid
being careless.
 Always escort an inmate in going to a toilet or washroom.
 Escort personnel must have issued firearm and at least one (1) basic load of
ammunition.
 Guard/escort must follow the most direct route from jail to court and back.
 Escort should provide their own drinks to avoid being drugged that would affect
their sensorium.
 High-risk inmates should have back-up vehicle and personnel to preempt rescue
and/or abduction.
 A guard must be extra careful not to sit, stand or walk next to an inmate while
carrying a gun as it can be easily grabbed from him.
 Movement or transfer of inmates shall be treated confidentially.
 Transporting prisoners by hired vehicle should proceed uninterrupted while
passing along the highway.
LEAVES FROM JAIL
Leaves from jail shall be allowed only on very meritorious cases, like the following:
 Death or serious illness of spouse, father, mother, brother or sister, or children;
and
 Inmates who are seriously ill/injured may be given leave for hospitalization or
medical attendance under proper escort.

REHABILITATION SERVICES
 PURPOSE – To change inmates’ pattenrs of criminal behavior and reform them
into a law-abiding and productive citizens through the implementation or
rehabilitation programs in jails.

TREATMENT PROGRAM
The treatment of inmates shall be focused on the provision of services designed to
encourage them to return to the fold of justice and enhance their self-respect, dignity and sense
of responsibility as follows:
 Provisions for basic needs of inmates;
 Health services
 Education and skills training;
 Religious services, guidance and counseling services;
 Recreation, sports, and entertainment;
 Work Program, such as livelihood projects;
 Visitation services; and
 Mail Services

NATIONAL PENITENTIARIES
Bureau of Corrections
The Bureau of Corrections is under the Department of Justice . It is headed by the
Director of Corrections, who is authorized to exercises command, control and direction of the
following prison facilities and staff offices:
1. The New Bilibid Prison (NBP) at Muntinlupa City, Metro Manila – This is where the
Bureau of Corrections Central office is co-located.
3 Security Camps of NBP
a. Maximum Security compound is for prisoners whose sentence are 20 years and
above, life termers of those under capital punishments, those with pending cases,
those under detention and those that do not fall under medium and minimum
security status. (NBP Compound)
b. Medium Security Camp- is for prisoners whose sentences are below 20 years
and those classified for colony assignment. (Camp Sampaguita)
c. Minimum Security Camp – is an open camp with less restrictions and
regimentation. This is for prisoners who are 65 years old and above, medically
certified as invalids and for those prisoners who have 6 months or less to serve
before they released from prison. (Camp BukangLiwayway)

The prison Directorate for Reception and Diagnostic (DRD) is formerly known as the (RDC).
It is a prison facility within the Medium Security Compound of the new Bilibid Prison. It
receives all newly committed national male prisoners and it is the entry point of all incoming
prisoners who will be subjected to classification and distribution to the operation institutions.
Concurrently is has been charged with the responsibility of providing education and training of
inmates at the Medium Security Compound of NBP.
6. The San Ramon Prison and Penal Farm at Zamboanga City – a prison facility intended to
confine Muslim Prisoners. This penal farm is designed to promote agro-industrial activities. It
has a receiving Station of its own and three (3) security facilities.
3 Security Facilities
a. Maximum Secuirty Camp b. Medium Secuirty Camp
c. MinimumSecuirty Camp
7. The Davao Prison and Penal Farm at Tagum, Davao Del Norte – a prison facility for
medium security prisoners only. This penal farm is where the banana concession provides for the
biggest market for prison manpower.

COMPETENT AUTHORITY TO COMMIT A PERSON TO CORRECTIONS


The following are competent institutions authorized to commit a person to prison:
a. Supreme Court
b. RTC
c. Military Courts
d. Intermediate Appellate Court (C.A)
e. Sandiganbayan
f. Sahr’ia Courts

Other authorities that can commit a person to Corrections:


a. Congress
b. Commission on Immigration and Deportation
c. Board of pardons and Parole
d. Commission on Election

RECEIVING PRISONERS
a. Upon arrival, the prisoner is ushered in the Receiving Office of the inmate Reception and
Education Center at the New Bilibid Prison and other prisons authorized to admit prisoners.
b. The following documents shall be presented accordingly by the partly escorting the
prisoner:
 Commitment Order (Mittimus)
 Court Decision of the Case
 Information
 Certification of Detention
 Detainees Manifestation
 Certificate of Non-Appeal
 Certificate of No pending case
c. Thereafter, through routine inspection of articles in his possession is made.
d. Unauthorized articles such as bladed weapons are receipted and reflected in their respective
prison record.
e. Drugs and other forms of medicines are turned over to the Medical officer for proper
administration.
f. The receipted unauthorized articles are returned to the prisoner upon, release, transfer to
other prison or upon request, to be given to his visitor to be brought back to his home.
g. His identification as a prisoner is established by
1. His rolled fingerprint card 2. His photograph
3. His prison number
h. Thereupon, he is taken to the quarantine cell and physically prepared for the following:
1. Staff interview on religious, education, sociological and vocational matters
2. Medical Examination
3. Psychological testing
Initial security classification
i. Issuance of uniforms and other equipment. Each prisoner is provided with the following
articles for which he is held responsible and accountable:
1. Two (2) regulation uniform suits and two (2) T-shirts
2. One (1) blanket 3. One (1) mat and pillow
4. One (1) aluminum plate 5. One (1) mosquito net
j. The prescribed uniform color shall be based on the prisoners security status as follows:
1. Maximum Security – orange 2. Medium Security – brown/gray
3. Minimum-security – Blue

PRISONERS PRIVILEGES
 Good conduct time allowance to reduce his prison sentence.
 To write and send letter to his family and friends
 To receive authorized visitors on any day except Fridays and Saturdays
 To attend or participate in any entertainment or athletic competition in the facility
 To read books and other reading materials in the Prison Library
 To smoke cigar and cigarettes, except in prohibited places
 To receive gifts and prepared food from his visitors, subject to inspection.

SEGREGATION OF PRISONERS
The proper segregation of prisoners shall be maintained in all places of confinement.
As far as practicable, there shall be separate and distinct facilities for inmates under the
following categories:
 Sentenced prisoners who are First offenders
 Detention prisoners
 Juvenile prisoners
 Habitual delinquents and recidivist
 Sexually disoriented prisoners
 Infirmed, aged, and invalids
 Patients or sick prisoners
 Mentally abnormal or insane

The difference categories of prisoners shall be confined in appropriate institutions with due
consideration on their sex, age, criminal record, the legal basis for their detention and the
requirements of their treatment thus:
1. Male and female shall be detained in separate institutions
2. Prisoners under trial shall be separated from convicted prisoners
3. Youth offenders shall be confined separately from adult offenders

CLASSIFICATION OF PRISONERS
Every institution in the Bureua of Corrections must maintain an organized system of
classifying prisoners. Accordingly, each prisoner shall be classified and assigned a security
category as follows:
1. Maximum Security prisoners are prisoners who escape would be highly dangerous to
the public or the police or to the security of the country. Under this category as follows:
 Prisoners whose sentence are 20 years or more;
 Remand or detention prisoners and those whose sentence are under review by the
Supreme Court;
 Recidivist and escapees.
2. Medium Security prisoners are prisoners who can not be trusted in open conditions and
pose less danger to society if they escape.
 Prisoners whose minimum sentence are less than 20 years
 Those that have been processed and recommended by the reclassification Board
to be downgraded form maximum to medium security or upgraded from
minimum to medium security. This includes first offenders who have serve 5
years of good conduct in maximum security facilities.
3. Minimum Security Prisoners are prisoners who can be reasonably trusted to serve their
sentence in open condition. Under this category are:
 Invalids or prisoners who have physical handicaps in normal movement,
hearing, seeing or feeling.
 Prisoners who are aged preferably 65 years old and above.
 Prisoners who 6 months more to serve before the expiration of their
minimum sentence.

PRISONERS AUTHORIZED TO GO OUT OF THE PRISON


A prisoner may be taken out of prison in any of the following instances.
1. For appearance in court or other government agencies.
2. For medical treatment or examination
3. For viewing the remains of relatives

a. Pursuant to executive order no. 70 only medium and minimum security prisoners may be
allowed to view the remains of the immediate members of their families within the
second degree of consanguinity as follows:
- Wife/husband - Children
- Brother and Sister - Father or Mother
- Grandchildren - grandparents
b. The prisoner shall be allowed more or less three (3) hours to view the deceased in the
place where the remains lie in state.
c. The escort guards shall observe all escort procedures to prevent untoward incidents.
d. The privilege may be enjoyed only if the deceased relatives is in a place within a radius
of thirthy (30) kilometers.
e. The relatives of the prisoners shall present the Death certificate of the deceased relative
and birth certificate or marriage contract id the deceased is a direct relative or wife.
RELEASE OF PRISONERS

The following are authorized to order or approve the release or prisoners:

a. The supreme court of the Philippines or lower court in cases of acquittal of the accused
prisoner or grant of bail.
b. The President of the Philippines in cases of executive clemency or amnesty.
c. The Board of Pardon and parole in parole cases.
d. The Director of the Bureau of Corrections upon expiration of the sentence of the
prisoner.
The Director of the BuCor shall strictly comply with the following provisions of the
Revised Penal Code regarding the release of prisoners:
a. No prisoner shall be made to serve more than three (3) times of the most
severe penalty that is imposed upon him, but in no case shall be made to serve
more than forty 94) years.
b. Prisoner with computed forty years of service of sentence shall actually serve
more or less 28 years.
c. A prisoner sentences to life imprisonment shall serve a sentence equivalent to
thirty (930) years excluding good conduct time allowance that he may earn for
good behavior.
d. No prisoners upon expiration of his prison sentence shall be released by the
Superintended or Head of a prison without the approval of the Director.
e. All prisoners convicted by the courts to serve sentences in national prisons
shall be granted good conduct time allowance including those whose cases are
on appeal.

GOOD CONDUCT TIME ALLWOANCE OF PRISONERS


The good conduct or behavior of any prisoner shall entitle him to the following
deductions from the period of his sentence:

Years of Confinement days of Deductions/Month


First two (2) years 5 days
Third to fifth year 8 days
Following years to tenth year 10 days
Eleventh and successive years 15 days

Special Time Allowance for Loyalty


A deduction of one fifth (1/5) of the period of his sentence shall be granted to a prisoner
who having evaded the service of his sentence gives himself up to the authorities within 48 hours
following the issuance of proclamation announcing the passing away of a calamity of
catastrophe.

MANNER OF RELEASING PRISONERS


a. A period of orientation shall be undertaken for all prisoners eligible for release.
b. Before a prisoner is released, he shall be properly identified.
c. No prisoners shall be released merely on the strength of authority relayed through
telegram or telephone.
d. Prisoners shall be released promptly and without unreasonable delay.
e. Upon release of national prisoner, he shall be supplied by the Bureau of Corrections
with transportation fare to his home, including a gratuity to cover the cost of
subsistence route, and a suit of decent travelling clothes.
f. National prisoner shall 30 days before his scheduled date of release be transferred to
Separation and Placement Center for purposes of re-orientation with the ways of free
society.

Republic of the Philippines


Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.

[REPUBLIC ACT NO. 10575]

AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND


PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

SECTION 1. Short Title. – This Act shall be known as “The Bureau of Corrections Act of
2013”.

SEC. 2. Declaration of Policy. – It is the policy of the State to promote the general
welfare and safeguard the basic rights of every prisoner incarcerated in our national
penitentiary. It also recognizes the responsibility of the State to strengthen government
capability aimed towards the institutionalization of highly efficient and competent
correctional services.

Towards this end, the State shall provide for the modernization, professionalization and
restructuring of the Bureau of Corrections (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 benefits, making it at par with that of
the Bureau of Jail Management and Penology (BJMP).

SEC. 3. Definition of Terms. –


(a) Safekeeping, which is the custodial component of the BuCor’s present corrections
system, shall refer to the act that ensures the public (including families of inmates and
their victims) that national inmates are provided with their basic needs, completely
incapacitated from further committing criminal acts, and have been totally cut off from
their criminal networks (or contacts in the free society) while serving sentence inside the
premises of the national penitentiary. This act also includes protection against illegal
organized armed groups which have the capacity of launching an attack on any prison
camp of the national penitentiary to rescue their convicted comrade or to forcibly amass
firearms issued to prison guards.

(b) Reformation, which is the rehabilitation component of the BuCor’s present


corrections system, shall refer to the acts which ensure the public (including families of
inmates and their victims) that released national inmates are no longer harmful to the
community by becoming reformed individuals prepared to live a normal and productive
life upon reintegration to the mainstream society.

SEC. 4. The Mandates of the Bureau of Corrections. – The BuCor shall be in charge of
safekeeping and instituting reformation programs to national inmates sentenced to more
than three (3) years.

(a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent
provision of quarters, food, water and clothing in compliance with established United
Nations standards. The security of the inmates shall be undertaken by the Custodial
Force consisting of Corrections Officers with a ranking system and salary grades similar
to its counterpart in the BJMP.

(b) Reformation of National Inmates – The reformation programs, which will be


instituted by the BuCor for the inmates, shall be the following:

(1) Moral and Spiritual Program;

(2) Education and Training Program;

(3) Work and Livelihood Program;

(4) Sports and Recreation Program;

(5) Health and Welfare Program; and

(6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional Reformation


Personnel consisting of Corrections Technical Officers with ranking system and salary
grades similar to Corrections Officers.
(1) Corrections Technical Officers are personnel employed in the implementation of
reformation programs and those personnel whose nature of work requires proximate or
direct contact with inmates.

(2) Corrections Technical Officers include priests, evangelists, pastors, teachers,


instructors, professors, vocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, therapists,
psychologists, psychiatrists, sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers and similar professional skills relevant to the
implementation of inmate reformation programs.

SEC. 5. Operations of the Bureau of Corrections. – (a) The BuCor shall operate with a
directorial structure. It shall undertake reception of inmates through its Directorate for
Reception and Diagnostics (DRD), formerly Reception and Diagnostic Center
(RDC), provide basic needs and security through its Security and Operations
Directorates, administer reformation programs through its Reformation Directorates, and
prepare inmates for reintegration to mainstream society through its Directorate for
External Relations (DER), formerly External Relations Division (ERD).

(b) The DRD shall be responsible for the conduct of classification of each and every
inmate admitted to the BuCor. Inmates shall be classified according to security risk and
sentence. Included in the classification is determining inmate’s certain skills or talents,
physical, spiritual, social, mental and psychological evaluation and other behavioral
assessments, as reference of the DRD in the preparation of individual inmate
reformation programs.

(c) Aside from those borne of the provisions under Rule 8, Part I, Rules of General
Application of the United Nations Standard Minimum Rules for the Treatment of
Prisoners and that of the existing regulation of the BuCor on security classification (i.e.
maximum, medium and minimum security risk), inmates shall also be internally
classified by the DRD and segregated according to crimes committed based on the
related penal codes such as Crimes Against Persons, Crimes Against Properties,
Crimes Against Chastity, so on and so forth, as well as by other related Special Laws,
Custom and Immigration Laws.

(d) From the DRD, the Custodial Force and Reformation Personnel of respective
security institutions/camps shall be in charge for the security and the implementation of
the recommended inmate reformation program of each and every inmate while serving
sentence, respectively.

(e) The Directorate for External Relations (DER) shall be responsible for pre-release
and post-release programs of inmates due for release. The DER shall also classify
inmates according to skills acquired for referral and endorsement to appropriate
companies or corporations participating in the BuCor On-The-Job Training Programs for
newly reformed inmates. The DER shall also evaluate, classify and apply necessary
programs to inmates for readiness to join the mainstream society upon release.
(f) Apart from handling inmates, the BuCor shall administratively operate like a standard
government agency through its Administrative Directorates with internal control and
internal audit units.

(g) The BuCor shall employ full computerization in the build-up, maintenance and
transmittal of necessary inmate records to all its Prison and Penal Farms and other
recipient agencies (i.e. Board of Pardons and Parole).

SEC. 6. Lands of the Bureau of Corrections. – (a) Aside from administrative purposes,
all BuCor lands shall be used for inmate security, reformation programs and as a means
to promote sustainability, both for income and non-income generating programs, with or
without partnership among nongovernment organizations, civic organizations or other
government entities.

(b) As a way to maximize its assets’ value for the effective and extensive reformation
(corrections) programs for national inmates, the BuCor shall have the absolute authority
to design, formulate and implement land-use development plans and policies.

(c) The BuCor may propose additional penal farms as may be necessary as possible,
aside from its existing seven (7) prison and penal farms to decongest existing penal
institutions and accommodate the increasing number of inmates committed to the
agency.

(d) All BuCor lands shall have a Certificate of Title registered under its name.

SEC. 7. Facilities of the Bureau of Corrections. – The BuCor shall operate with standard
and uniform design of prison facilities, reformation facilities and administrative facilities,
through all the operating prison and penal farms, such as the following:

(a) Dormitory;

(b) Administration building;

(c) Perimeter/Security fences;

(d) Hospital/Infirmary;

(e) Recreation/Multipurpose hall;

(f) Training/Lecture center;

(g) Workshop facility;

(h) Mess hall/kitchen;

(i) Visiting area;


(j) Water tank and pump;

(k) Reception and diagnostic center; and

(l) Service personnel facilities.

SEC. 8. Supervision of the Bureau of Corrections. – The Department of Justice (DOJ),


having the BuCor as a line bureau and a constituent unit, shall maintain a relationship of
administrative supervision with the latter as defined under Section 38(2), Chapter 7,
Book IV of Executive Order No. 292 (Administrative Code of 1987), except that the DOJ
shall retain authority over the power to review, reverse, revise or modify the decisions of
the BuCor in the exercise of its regulatory or quasi-judicial functions.

SEC. 9. Organization and Key Positions of the Bureau of Corrections. – (a) The BuCor
shall be headed by a Director who shall be assisted by three (3) Deputy Directors: one
(1) for administration, one (1) for security and operations and one (1) for reformation, all
of whom shall be appointed by the President upon the recommendation of the Secretary
of the DOJ: Provided,  That the Director and the Deputy Directors of the BuCor shall
serve a tour of duty not to exceed six (6) years from the date of appointment: Provided,
further, That in times of war or other national emergency declared by Congress, the
President may extend such tour of duty.

(b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and
title of Director General of Corrections. The second officers in command of the BuCor,
with the rank of Assistant Secretary, shall have the position and title of Deputy Directors
of Corrections. The third officer in command of the BuCor, with the rank of Chief
Superintendent, shall have the position and title of Corrections Chief Superintendent.
The fourth officer in command of the BuCor, with the rank of Senior Superintendent,
shall have the position and title of Corrections Senior Superintendent. The fifth officer in
command of the BuCor, with the rank of Superintendent, shall have the position and title
of Corrections Superintendent.

(c) The Department of Budget and Management (DBM) shall rationalize the existing
organizational structure and staffing pattern of the BuCor in accordance with the
provisions of this Act and relevant compensation and position classification laws, rules
and regulations.

SEC. 10. Increase of Personnel. – The BuCor shall maintain the custodial personnel-
to-inmate ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. Hence, it is
authorized to increase its manpower to meet such ratio and may continue to increase
personnel per percentage rate increase of committed inmates annually or as the need
arises.

SEC. 11. Professionalization and Upgrading of Qualification Standards in the


Appointment of the BuCor Personnel. – (a) No person shall be appointed as
personnel of the BuCor unless one possesses the following minimum qualifications:
(1) A citizen of the Republic of the Philippines;

(2) A person of good moral character;

(3) Must have passed the psychiatric/psychological, drug and physical test for the
purpose of determining his/her physical and mental health;

(4) Must possess a baccalaureate degree from a recognized learning institution;

(5) Must possess the appropriate civil service eligibility;

(6) Must not have been dishonorably discharged or dismissed for cause from previous
employment;

(7) Must not have been convicted by final judgment of an offense or crime involving
moral turpitude; and

(8) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male,
and one meter and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver
for height and age requirement/s may be granted to applicants belonging to the cultural
communities: Provided, further,  That a new applicant must not be less than twenty-one
(21) or more than forty (40) years of age. Except for this particular provision, the above-
enumerated qualifications shall be continuing in character and an absence of any one of
them at any given time shall be ground for separation or retirement from the
service:Provided, furthermore,  That those who are already in the service upon the
effectivity of this Act shall be given five (5) years from the date of such effectivity to
obtain the minimum educational qualification and eligibility with subsidiary assistance as
provided for in this Act.

(b) After the lapse of the period for the satisfaction of a specific requirement, incumbent
personnel of the BuCor who fail to satisfy any of the requirements enumerated under
this section shall be separated from the service if they are below fifty (50) years of age
and have served in the government for less than twenty (20) years, or retired if they are
fifty (50) years and above and have served in the government for at least twenty (20)
years without prejudice in either case to the payment of benefits they may be entitled to
under existing laws.

(c) For sustained professionalism in the service, the BuCor is directed to conduct study
for the feasible establishment of the Philippine Corrections Academy, patterned after the
Philippine National Police Academy (PNPA) of the Philippine National Police (PNP) and
the Philippine Military Academy (PMA) of the Armed Forces of Philippines (AFP) for its
commissioned officers.

(d) The BuCor shall continue training its personnel through its Personnel Training
School, which shall be renamed as Corrections Training School/Institute patterned after
the BJMP’s Jail National Training Institute (JNTI), the Bureau of Fire’s Fire National
Training Institute (FNTI) and the PNP’s National Training Institute (PNTI).

SEC. 12. Appointment of Personnel to the BuCor. – The appointment of the BuCor shall
be effected in the following manner:

(a) Corrections Officer I to Corrections Chief Superintendent – Appointed by the Director


General of Corrections, and attested by the Civil Service Commission (CSC); and

(b) Director General of Corrections and Deputy Director of Corrections –


Appointed by the President upon the recommendation of the Secretary of the DOJ, with
the proper endorsement by the Chairman of the CSC.

SEC. 13. Lateral Entry of Officer into the BuCor. – In general, all original appointments
of officers in the BuCor shall commence with the rank of Corrections Inspector wherein
applicants for lateral entry into the BuCor shall include all those with highly specialized
and technical qualifications such as, but not limited to, civil engineers, mechanical
engineers, electrical engineers, chemical engineers, chemists, architects, criminologists,
certified public accountants, nurses, physical therapists, dentists, social workers,
psychologists, sociologists, guidance counselors and teachers. Doctors of Medicine,
members of the Philippine Bar and chaplains shall be appointed to the rank of
Corrections Senior Inspector in their particular technical service.

SEC. 14. Professionalization and Upgrading of Qualification Standards in the


Designation of Personnel of the BuCor to Key Positions.–

(a) No person shall be designated to the following key positions of the BuCor unless
one has met the qualifications provided therein:

(1) Sub-Colony Supervisor – Should have the rank of Senior Inspector, who must have
finished at least-second year Bachelor of Laws or earned at least twelve (12) units in a
master’s degree program in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies or
other related disciplines from a recognized institution of learning, and must have
satisfactorily passed the necessary training or career courses for such position as may
be established by the BuCor;

(2) Colony Assistant Superintendent – Should have the rank of Chief Inspector, who
must have finished at least second year Bachelor of Laws or earned at least twenty-four
(24) units in a master’s degree program in management, public administration, public
safety, criminology, penology, sociology, national security administration, defense
studies or other related disciplines from a recognized institution of learning, and must
have satisfactorily passed the necessary training or career courses for such position as
may be established by the BuCor;
(3) Colony Superintendent – Should have the rank of Superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master’s degree in management, public
administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related disciplines from a recognized institution
of learning, and must have satisfactorily passed the necessary training or career
courses for such position as may be established by the BuCor:Provided,  That in prison
and penal farms with an inmate population of two thousand (2,000) but below three
thousand (3,000), the Colony Superintendent shall have the rank and qualification of a
Colony Senior Superintendent; and

(4) Regional Superintendent – Should have the rank of Senior Superintendent or Chief
Superintendent, who must be a graduate of Bachelor of Laws or a holder of a master’s
degree in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or other related disciplines
from a recognized institution of learning, and must have satisfactorily passed the
necessary training or career courses for such position as may be established by the
BuCor: Provided, That in prison and penal farms with an inmate population of three
thousand (3,000) but below five thousand (5,000), the Regional Superintendent shall
have the rank and qualification of a Colony Senior Superintendent: Provided,
further, That in prison and penal farms with an inmate population of over five thousand
(5,000), the Regional Superintendent shall have the rank and qualification of a Chief
Superintendent.

Any personnel of the BuCor who is currently occupying such position but lacks any of
the qualifications mentioned therein shall be given five (5) years to comply with the
requirements; otherwise, the personnel shall be relieved from the position.

SEC. 15. Professionalization and Qualifications Upgrading Program. – The DOJ shall


design and establish a professionalization and qualifications upgrading program for
personnel of the BuCor, in coordination with the CSC and the Commission on Higher
Education (CHED), through an off-campus education program or other similar programs
within ninety (90) days from the effectivity of this Act.

SEC. 16. Attrition System for the Personnel of the BuCor. – There shall be established a
system of attrition for the personnel of the BuCor within five (5) years from the effectivity
of this Act, to be submitted by the said bureau to the DOJ for approval. Such attrition
system shall include, but is not limited to, the provision of the following principles:

(a) Attrition by Demotion in Position or Rank – Any personnel of the BuCor who is
relieved and assigned to a position lower than what is established for the grade in the
respective staffing pattern, and who shall not be assigned to a position commensurate
to one’s grade within two (2) years after such demotion in position shall be separated or
retired from the service;
(b) Attrition by Non-Promotion – Any personnel of the BuCor who has not been
promoted for a continuous period often (10) years shall be separated or retired from the
service, except for those who are occupying a third level position;

(c) Attrition by Other Means – Any personnel of the BuCor with at least five (5) years of
accumulated active service shall be separated from the service based on any of the
following factors:

(1) Inefficiency based on poor performance during the last two (2) successive semestral
rating periods;

(2) Inefficiency based on poor performance for three (3) cumulative semestral rating
periods;

(3) Physical and/or mental incapacity to perform one’s duties and functions; or

(4) Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable cause or reason; and

(d) Separation or Retirement from the BuCor under this Section – Any personnel who is
dismissed from the BuCor pursuant to the above-enumerated principles in this section
shall be separated if one has rendered less than twenty (20) years of service, and be
retired if one has rendered at least twenty (20) years of service unless the concerned
personnel is disqualified by law to receive such benefits.

SEC. 17. Promotion System for the Personnel of the BuCor. – Within six (6) months
after the effectivity of this Act, the BuCor shall establish a system of promotion for the
personnel of the BuCor through the following principles:

(a) Rationalized Promotion System – The system of promotion shall be based on merit
and on the availability of vacant ranks in the BuCor staffing pattern. Such system shall
be gender-fair so as to ensure that women personnel of the BuCor shall enjoy equal
opportunity for promotion as to men;

(b) Requirements for Promotion –

(1) Any personnel of the BuCor shall not be eligible for promotion to a higher rank
unless one has met the minimum qualification standards or the appropriate civil service
eligibility set by the CSC, and has satisfactorily passed the required
psychiatric/psychological, drug and physical test; and

(2) Any personnel of the BuCor who has exhibited acts of conspicuous courage and
gallantry at the risk of one’s life above and beyond the call of duty, or selected as such
in a nationwide search conducted by any accredited civic organization, shall be
promoted to the next higher rank: Provided, That these shall be validated by the DOJ
and the CSC based on established criteria.
SEC. 18. Performance Evaluation System. – (a) There shall be established a
performance evaluation system which shall be administered in accordance with the
rules, regulations and standards, and a code of conduct for the personnel of the BuCor
to be promulgated by the BuCor through the DOJ. Such performance evaluation system
shall be administered in such a way as to foster the improvement of the individual
efficiency and behavioral discipline, as well as the promotion of organizational
effectiveness and commitment to public service.

(b) The rating system as contemplated herein shall be based on standards prescribed
by the BuCor through the DOJ and shall be considered the result of the annual
psychiatric/psychological and physical test conducted on the personnel of the BuCor.

SEC. 19. Standardization of the Base Pay and Other Benefits of the Uniformed
Personnel of the BuCor. – In order to enhance the general welfare, commitment to
service and professionalism, the following are considered uniformed personnel of the
BuCor:

CUSTODIAL RANK REFORMATION RANK


Corrections Chief Superintendent
Corrections Senior Superintendent Corrections Technical Senior Superintendent
Corrections Superintendent Corrections Technical Superintendent
Corrections Chief Inspector Corrections Technical Chief Inspector
Corrections Senior Inspector Corrections Technical Senior Inspector
Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior Officer IV
Corrections Senior Officer III Corrections Technical Senior Officer III
Corrections Senior Officer II Corrections Technical Senior Officer II
Corrections Senior Officer I Corrections Technical Senior Officer I
Corrections Officer III Corrections Technical Officer III
Corrections Officer II Corrections Technical Officer II
Corrections Officer I Corrections Technical Officer I

The DBM shall determine the equivalent rank of the uniformed personnel of the BuCor
patterned after the existing ranks of the military and uniformed personnel of other
departments.

The base pay, allowances and other benefits of the abovementioned personnel shall be
in accordance with the existing compensation and position classification laws and
regulations.

SEC. 20. Retirement Benefits. – Upon compulsory retirement, any custodial officer from
the rank of Corrections Chief Superintendent and below shall be entitled to retirement
benefits computed on the basis of one grade higher than the position last
held: Provided, That the retirement pay shall be subject to adjustment/s based on the
prevailing scale of base pay of the uniformed personnel in the active service.
SEC. 21. Funding Source. – The funds required for the implementation of this Act
including personnel benefits shall be taken from the budget of the BuCor for the current
fiscal year and also from the following:

(a) Collections from clearances and certification fees;

(b) Income from institutional projects subject to memoranda of agreements (MOAs),


contracts or joint venture agreements; and

(c) Other miscellaneous incomes (outside MOAs and contracts), such as:

(1) Penal farm agro-production; and

(2) Inmate handicraft industry.

Thereafter, such amounts as may be necessary to implement this Act shall be included
in the annual General Appropriations Act.

SEC. 22. Implementation. – The implementation of this Act shall be undertaken in


staggered phases, but not to exceed five (5) years, taking into consideration the
financial position of the national government: Provided, That any partial implementation
shall be uniform and proportionate for all ranks.

SEC. 23. Implementing Rules and Regulations. – The DOJ, in coordination with the
BuCor, the CSC, the DBM and the Department of Finance (DOF), shall, within ninety
(90) days from the effectivity of this Act, promulgate the rules and regulations necessary
to implement the provisions of this Act.

SEC. 24. Transitory Provisions. – (a) The incumbent Director and two (2) incumbent
Assistant Directors shall serve under the terms for which they have been appointed
without need of new appointments upon the enactment of this Act.

(b) All incumbent personnel who, upon the effectivity of this Act, shall opt to early or
optionally retire from the service will be entitled to the retirement benefits computed as
follows:

Age Age Basis for Computing Benefits


57 62
58 63
59 64
60 65

(c) All incumbent personnel, upon the effectivity of this Act, may continue to render
services until one reaches the compulsory age of retirement for public officers of sixty-
five (65). Those who shall be newly hired will have a compulsory age retirement of fifty-
six (56) years pursuant to the prevailing provisions on retirement age of those who are
in the uniformed services.

SEC. 25. Annual Report. – The BuCor, through the DOJ and the DBM, shall jointly
submit to the President of the Senate and the Speaker of the House of Representatives
an annual report on the implementation of this Act. This report shall include information
on the application of the budget for the salary and other benefits provided under this
Act. The DBM, in consultation with the BuCor through the DOJ, shall periodically review
and adjust every five (5) years the rates of base pay, taking into consideration labor
productivity, consumer price index, oil price and other similar economic indicators as
may be determined by the National Economic and Development Authority (NEDA).

SEC. 26. Separability Clause. – If any portion or provision of this Act is declared


unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

SEC. 27. Repealing Clause. – All laws, decrees, orders, rules and regulations and other
issuances, or parts thereof, which are inconsistent with the provisions of this Act are
hereby deemed repealed, amended or modified accordingly.

SEC. 28. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.


President of the Senate Speaker of the House
of Representatives

This Act which is a consolidation of House Bill No. 6887 and Senate Bill No. 3335 was
finally passed by the House of Representatives and the Senate on February 5, 2013
and February 6, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP


Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 24 2013

(Sgd.) BENIGNO S. AQUINO III


President of the Philippines

MODERNIZING THE BUREAU OF CORRECTIONS FOR THE BENEFIT


OF INMATES
Posted on July 12, 2013 by Ricardo Ma. P.G. Ongkiko • Posted in Philippines - Law
After a long wait, modernization of the Bureau of Corrections (BuCor) will soon be under way. 
Now, there is hope that the rights and general welfare of inmates will be better protected.

President Aquino has recently signed RA 10575 or “The Bureau of Corrections Act of 2013,”
last May 24, 2013. This law seeks to promote the general welfare and safeguard the basic rights
of every prisoner incarcerated in our national penitentiary. It also recognizes the responsibility of
the State to strengthen government capability aimed towards the institutionalization of highly
efficient and competent correctional services.

Background

The Bureau of Corrections is an agency of the Department of Justice tasked with the
rehabilitation and reformation of prisoners.

“Bureau of Prisons” was the old name of this agency before the Administrative Code of 1987
and Proclamation No. 495, issued on November 22, 1989, changed the agency’s name to the
current “Bureau of Corrections.”

The Bureau of Corrections currently has 7 operating units located nationwide, namely: the New
Bilibid Prison in Muntinlupa City, the Correctional Institution for Women (CIW) in
Mandaluyong City, the Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan, the
Sablayan Prison and Penal Farm in Occidental Mindoro, the San Ramon Prison and Penal Farm
in Zamboanga City, the Leyte Regional Prison in Abuyog, Leyte, and the Davao Prison and
Penal Farm in Panabo, Davao.

Its operations are guided mainly by the Bureau of Corrections Operating Manual which governs
the safekeeping and treatment of inmates confined in national penal establishments.

The Bureau of Corrections Act of 2013

The Act focuses on the modernization, professionalization, and restructuring of the 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 benefits,
making it at par with that of the Bureau of Jail Management and Penology (BJMP).

Section 4 of the Act states that the BuCor shall be in charge of safekeeping and instituting
reformation programs to national inmates sentenced to more than three years.

The safekeeping of inmates shall include decent provision of quarters, food, water and clothing
in compliance with established United Nations standards. The security of inmates shall be
undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and
salary grades similar to its counterpart in the BJMP.
On the other hand, the reformation of inmates shall include Moral and Spiritual Program,
Education and Training Program, Work and Livelihood Program, Sports and Recreation
Program, Health and Welfare Program, and Behavior Modification Program, to include
Therapeutic Community.

 Operations of the BuCor

Section 5 of the Act describes the directorial structure of the Bureau of Corrections wherein the
operations are divided into the following:

 Directorate for Reception and Diagnostics (DRD) (formerly Reception and Diagnostic
Center)- reception of inmates;
 Security and Operations Directorates – providing basic needs and security of inmates;
 Reformation Directorates- administering reformation programs; and
 Directorate for External Relations (DER) (formerly External Relations Division (ERD)-
preparation of inmates for reintegration to mainstream society.
Under the Act, the Department of Justice (DOJ) shall maintain a relationship of administrative
supervision with the BuCor, except that the DOJ shall retain authority over the power to review,
reverse, revise or modify the decisions of the BuCor in the exercise of its regulatory or quasi-
judicial functions.

Section 9 of the Act enumerates the key positions of the BuCor with the Director who shall head
the BuCor and 3 Deputy Directors—for administration, security and operations, and reformation
—who shall assist the Director.

The Director and Deputy Directors of the BuCor shall serve a tour of duty not to exceed six years
from the date of appointment.

The other positions are the following: The Head of the BuCor with the position and title of
Director General of Corrections; the second officers in command with the position and title of
Deputy Directors of Corrections; the third officers in command with the position and title of
Corrections Chief Superintendent; the fourth officer in command with the position and title of
Corrections Senior Superintendent; and the fifth officer in command with the position and title of
Corrections Superintendent.

The BuCor is mandated to maintain the custodial personnel-to-inmate ratio of 1:7 and
reformation personnel-to-inmate ratio of 1:24. It is authorized to increase its manpower to meet
such ratio and may continue to increase personnel per percentage rate increase of committed
inmates annually or as the need arises (Section 10)

Professionalization of the BuCor

Aside from the operational aspect of the BuCor, the Act highlights the professionalization and
upgrading of standards in the appointment of BuCor personnel. (Section 11, 14, 15). It
designated the DOJ to design and establish a professionalization and qualifications upgrading
program for personnel of the BuCor, in coordination with the Civil Service Commission and the
Commission on Higher Education, through an off campus education program or other similar
programs within 90 days from effectivity of the Act.

It also designated the BuCor to establish a system of attrition for the personnel of the BuCor
within 5 years from the effectivity of the Act, to be submitted to the DOJ for approval. The
principles of the attrition system are provided for under the Act (Section 16).

The Bucor was also mandated to establish a system of promotion for the personnel of the BuCor
through the rationalized promotion system wherein promotion shall be based on merit and on the
availability of vacant ranks in the BuCor staffing pattern. It shall be a gender-fair system so as to
ensure that women personnel of the BuCor shall enjoy equal opportunity for promotion as to
men.

In order to boost commitment to service and professionalism, the Act also provided for a
standardization of the base pay and other benefits of the uniformed personnel of the BuCor
(Section 20).

The Act took effect on June 15, 2013, 15 days after its publication in two newspapers of general
circulation.

The law’s implementing rules and regulations will be promulgated by the DOJ, in coordination
with the BuCor, the Civil Service Commission, the Department of Budget and Management, and
the Department of Finance, within 90 days from effectivity of the Act.

PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR


AND FOR OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more enlightened and
humane correctional systems that will promote the reformation of offenders and thereby reduce
the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and

WHEREAS, there is a need to provide a less costly alternative to the imprisonment of offenders
who are likely to respond to individualized, community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of


the powers vested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the Probation Law of
1976. It shall apply to all offenders except those entitled to the benefits under the provisions of
Presidential Decree numbered Six Hundred and three and similar laws.
Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless the context
otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction and


sentence, is released subject to conditions imposed by the court and to the supervision of
a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral for probation
or supervises a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation except upon


prior investigation by the probation officer and a determination by the court that the ends of
justice and the best interest of the public as well as that of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted by the


probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer shall submit to
the court the investigation report on a defendant not later than sixty days from receipt of the
order of said court to conduct the investigation. The court shall resolve the petition for probation
not later than five days after receipt of said report.
Pending submission of the investigation report and the resolution of the petition, the defendant
may be allowed on temporary liberty under his bail filed in the criminal case; Provided, That,
in case where no bail was filed or that the defendant is incapable of filing one, the court may
allow the release of the defendant on recognize the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether an offender


may be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit
another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.

Section 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt of said
order;

(b) report to the probation officer at least once a month at such time and place as
specified by said officer.

The court may also require the probationer to:


(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said employment without
the prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of


persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his home and place
or work;

(j) reside at premises approved by it and not to change his residence without its
prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequences thereof and
explain that upon his failure to comply with any of the conditions prescribed in the said order or
his commission of another offense, he shall serve the penalty imposed for the offense under
which he was placed on probation.

Section 12. Modification of Condition of Probation. During the period of probation, the court
may, upon application of either the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either the probationer or the probation
officer of the filing such an application so as to give both parties an opportunity to be heard
thereon.

The court shall inform in writing the probation officer and the probationer of any change in the
period or conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual
supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another court,
control over him shall be transferred to the Executive Judge of the Court of First Instance of that
place, and in such a case, a copy of the probation order, the investigation report and other
pertinent records shall be furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the power with respect to him
that was previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of imprisonment of not


more than one year shall not exceed two years, and in all other cases, said period shall not
exceed six years.

(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to
be more than twice the total number of days of subsidiary imprisonment as computed at
the rate established, in Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during probation, the
court may issue a warrant for the arrest of a probationer for violation of any of the
conditions of probation. The probationer, once arrested and detained, shall immediately be
brought before the court for a hearing, which may be informal and summary, of the violation
charged. The defendant may be admitted to bail pending such hearing. In such a case, the
provisions regarding release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the court may revoke or
continue his probation and modify the conditions thereof. If revoked, the court shall order the
probationer to serve the sentence originally imposed. An order revoking the grant of probation or
modifying the terms and conditions thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms and conditions of his probation
and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to
the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such order.

Section 17. Confidentiality of Records. The investigation report and the supervision history of a
probationer obtained under this Decree shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation Administration or the court concerned, except that
the court, in its discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the probationer make
such disclosure desirable or helpful: Provided, Further, That, any government office or agency
engaged in the correction or rehabilitation of offenders may, if necessary, obtain copies of said
documents for its official use from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the Department of
Justice an agency to be known as the Probation Administration herein referred to as the
Administration, which shall exercise general supervision over all probationers.

The Administration shall have such staff, operating units and personnel as may be necessary for
the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the Probation
Administrator, hereinafter referred to as the Administrator, who shall be appointed by the
President of the Philippines. He shall hold office during good behavior and shall not be removed
except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His powers and
duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improvement of the probation
system;

(d) promulgate, subject to the approval of the Secretary of Justice, the necessary rules
relative to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate personnel
of his Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant Probation


Administrator who shall assist the Administrator perform such duties as may be assigned to him
by the latter and as may be provided by law. In the absence of the Administrator, he shall act as
head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an annual salary of at
least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation Administrator. To be


eligible for Appointment as Administrator or Assistant Probation Administrator, a person must
be at least thirty-five years of age, holder of a master's degree or its equivalent in either
criminology, social work, corrections, penology, psychology, sociology, public administration,
law, police science, police administration, or related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar with at least seven years of
supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall have regional
offices organized in accordance with the field service area patterns established under the
Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be appointed by
President of the Philippines in accordance with the Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all probation officer
within his jurisdiction and such duties as may assigned to him by the Administrator. He shall
have an annual salary of at least twenty-four thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation Officer who shall
also be appointed by the President of the Philippines, upon recommendation of the Secretary of
Justice, with an annual salary of at least twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one probation
officer in each province and city who shall be appointed by the Secretary of Justice upon
recommendation of the Administrator and in accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen
thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper court or the
Administrator;

(b) instruct all probationers under his supervision of that of the probation aide on the
terms and conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his charge
and use all suitable methods to bring about an improvement in their conduct and
conditions;

(d) maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction over the probationer under
his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who
are willing to act as probation aides;
(f) supervise the training of probation aides and oversee the latter's supervision of
probationers;

(g) exercise supervision and control over all field assistants, probation aides and other
personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers. Provincial or City
Probation Officers shall have the authority within their territorial jurisdiction to administer oaths
and acknowledgments and to take depositions in connection with their duties and functions under
this Decree. They shall also have, with respect to probationers under their care, the powers of
police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation
Officers. No person shall be appointed Regional or Assistant Regional or Provincial or City
Probation Officer unless he possesses at least a bachelor's degree with a major in social work,
sociology, psychology, criminology, penology, corrections, police science, administration, or
related fields and has at least three years of experience in work requiring any of the
abovementioned disciplines, or is a member of the Philippine Bar with at least three years of
supervisory experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed from among
qualified residents of the province or city where he will be assigned to work.

Section 26. Organization. Within twelve months from the approval of this Decree, the Secretary
of Justice shall organize the administrative structure of the Administration and the other agencies
created herein. During said period, he shall also determine the staffing patterns of the regional,
provincial and city probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation Officers shall
be assisted by such field assistants and subordinate personnel as may be necessary to enable
them to carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good repute
and probity to act as probation aides.

Probation Aides shall not receive any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be determined by
the Probation Administrator. Their qualifications and maximum case loads shall be provided in
the rules promulgated pursuant to this Decree.
Section 29. Violation of Confidential Nature of Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and a fine ranging from hundred to six
thousand pesos shall be imposed upon any person who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the sum of Six
Million Five Hundred Thousand Pesos or so much as may be necessary, out of any funds in the
National Treasury not otherwise appropriated, to carry out the purposes of this Decree.
Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so much as may
be necessary shall be included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and regulations contrary to
or inconsistent with this Decree are hereby repealed or modified accordingly.

Section 32. Separability of Provisions. If any part, section or provision of this Decree shall be
held invalid or unconstitutional, no other parts, sections or provisions hereof shall be affected
thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided, However, That,
the application of its substantive provisions concerning the grant of probation shall only take
effect twelve months after the certification by the Secretary of Justice to the Chief Justice of the
Supreme Court that the administrative structure of the Probation Administration and of the other
agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen hundred and
seventy-six.

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