OVERVIEW

Women's correctional facilities refer to a jail or prison, or other place of

incarceration by government officials, dedicated to the female gender. They are used
to confine inmates with the primary objective of rehabilitation, including vocational and
educational programs, which may vary from place to place. Modern correctional
facilities that rehabilitate its inmates which do not involve the brutal methods during
the medieval period started around the 1930s and peaked during the 1950s which
diagnosed the causes of the inmates' criminal behaviors.

The Philippine National Building Code, or Presidential Decree No. 1096, offers
information on a variety of designs, planning, and rules that pertain to women’s
correctional institutions. To identify concepts, international standards and literature, as
well as B.P. 344, often known as the Accessibility Law, were used, and a number of
online books on local standards. Plumbing requirements are also provided, which are
based on the Revised National Plumbing Code of the Philippines. The aesthetics of
the building should not be the sole factor to be considered. Other key variables should
be included, such as strength and utility. This will also ensure that someone with a
disability will never have a hard time roaming around the facility.

Women’s Correctional Facilities have a number of characteristics and highlights

that distinguish them as what they are. These include the elements that are usually
found in Correctional Facilities such as inmates housing units with 3 significant types:
maximum security detention cell, medium security detention cell and minimum security
detention cell. It also includes those spaces with prison services and work areas. A
particular highlight that can also be seen in a women’s correctional facilities are the
rehabilitation areas which are well-planned programs for probationers, parolees, and
pardonees that are aligned to national program thrusts of the government.

A space to establish innovative, financially and technically feasible projects for

the moral, spiritual and economic upliftment of probationers, parolees, and pardonees
utilizing available community resources. Important design features may have been left
out, such as the ability to see into inmate living areas from a single control point or to
move easily through the building. Support spaces may be inadequate or missing
altogether. The building may lack important equipment and capabilities and may use
materials prone to wear and breakage. The completed building may be nothing like
locals imagined or what the public expected for its amount. This research may help in
changing the perspective of designing and planning a Women’s correctional facility.
Definition

Correctional facility is a term that may be used to refer to a jail, prison, or other place
of incarceration by government officials. They serve to confine and rehabilitate
prisoners and may be classified as minimum, medium, or maximum security facilities,
or contain separate divisions for such categories of prisoners. The prisoners may
participate in educational and vocational programs as well as in paid industries
programs or a work release program.

Correctional facilities are subject to federal andstate laws. The U.S. Constitution
guarantees certain minimum standards of living for those incarcerated in correctional
facilities. Abusive and inhumane conditions at a correctional facility may be claimed to
violate a prisoner's rights against cruel and unusual punishment.

Its primary objective is to confine, or at least rehabilitate, prisoners. These facilities are
classified according to the type of prisoners being housed. For non-serial prisoners,
they can be detained in a minimum correctional facility. For the graver type of
prisoners, they can be placed in a medium correctional while the maximum security
facility is only for those prisoners who are very lethal and serial.

Inside, these facilities, the prisoners can do lots of things including the participation in
programs both vocational and educational. Correctional facilities are subject to the
terms of the specific state or federal laws. In the U.S. for example, certain standards
of living are set for the prisoners so as to retain some of their rights and making them
live in a more humane facility.

History and Origins

Many ancient cultures allowed the victim or a member of the victim's family to deliver
justice. The offender often fled to his or her family for protection. As a result, blood
feuds developed in which the victim's family sought revenge against the offender's
family. Sometimes the offender's family responded by striking back. Retaliation could
continue until the families tired of killing or stealing from each other or until one or both
families were destroyed or financially ruined.
As societies organized into tribes and villages, local communities increasingly
began to assume the responsibility for punishing crimes against the community and
its members. Punishments could be brutal—the condemned boiled in oil or fed to wild
beasts. The development of writing led to the creation of lists of crimes and their
respective punishments. The Code of Hammurabi in Babylon (circa 1750 b.c.e.) is
generally considered the first such set of laws. The laws of Moses, as recorded in the
Bible, also cited offenses against the community and their corresponding
punishments. The Justinian Code of Emperor Justinian of the Byzantine or
Eastern Roman Empire (529–565) organized many of the early codes.
As empires developed, the owners of large tracts of land, and later the rulers, wanted
a more orderly legal system than blood feuds and thus established courts. Such courts
often sentenced the offender to slavery in the victim's family for several years as
restitution for the offense. Other punishments included laboring on public works
projects, banishment, or even death.

As in ancient times, medieval Europe had very harsh punishments. Torture and death
were commonly administered. From the depths of the "Dark Ages" came cruel
instruments that tortured as they killed. For example, the rack stretched its victims until
their bodies were torn apart. The Iron Maiden—a box thickly set with sharp spikes
inside and on the inner side of its door—pierced its victims from front and back as it
closed. People came to watch public executions to see the convicts burn, be hanged,
or be beheaded.

Those arrested were usually confined (imprisoned) until they confessed to the crime
and their physical punishment occurred. The medieval church sometimes used long-
term incarceration to replace executions. Some wealthy landowners built private
prisons to enhance their own power, imprisoning those who dared dispute their pursuit
of power or oppose their whims. With the enactment of King Henry II's set of
ordinances, called the Assize of Clarendon (England, 1166), many crimes were
classified as offenses against the "king's peace" and were punished by the state and
not by the church, the lord, or the victim's extended family. At this time the first prisons
designed solely for incarceration were constructed.

The only comfort prisoners had in the cold, damp, filthy, rat- and roach-infested prisons
of medieval Europe was what they could—or rather were required to—buy. The prison-
keeper charged for blankets, mattresses, food, and even the manacles (chains). The
prisoner had to pay for the privilege of being both booked (charged) and released.
Wealthy prisoners could pay for plush quarters but most suffered in terrible conditions,
often dying from malnutrition, disease, or victimization by other prisoners.

In Europe in the 1500s, while most jails still housed people waiting for trial or
punishment, work-houses and debtors' prisons developed as sources of cheap labor
or places to house insane or minor offenders. Those found guilty of serious crimes
could be transported instead of executed. England transported many prisoners to
colonial Georgia in the United States and later to colonial Australia; France sent many
to South America. Although transportation was a less severe punishment than the
death penalty, many prisoners did not survive the harsh conditions either on board the
transport ships or life in the early colonies to which they were sent.

Just as in Europe, physical punishment was common in colonial America. Americans

used stocks, pillories, branding, flogging, and maiming—such as cutting off an ear or
slitting nostrils—to punish offenders. The death penalty was used frequently. In 1636
the Massachusetts Bay Colony listed thirteen crimes that warranted execution,
including murder, practicing witchcraft, and worshipping idols. In early New
York State, 20% of offenses, including pickpocketing, horse stealing, and robbery,
were capital crimes (warranting the death penalty).

The rehabilitation model of corrections began in the 1930s and reached its high point
in the 1950s. Qualified staff members were expected to diagnose the cause of an
offender's criminal behavior, prescribe a treatment to change the individual, and
determine when that individual had become rehabilitated. Group therapy, counseling,
and behavior modification were all part of the approach. These techniques did not
work with all inmates, especially with those convicted of violent crimes; most states
did not budget enough money for their correctional institutions to achieve these goals;
and there were too many prisoners for the prison staff to treat effectively.

In response to an increase in crime during the 1960s, advocates of community

corrections thought that rehabilitation needed to be done within the community, not in
the prisons. They favored probation, educational courses, and job training. In 1965 the
Commission on Law Enforcement and Administration of Justice, a panel of experts on
crime and the justice system, recommended improvements to the correctional system
and initiated the first standards for operating prison facilities. The task force
recommended alternative community-based approaches, educational and vocational
programs, and different treatments for special offender categories. As a result, the
American Correctional Association's Commission of Accreditation established
standards by which it assesses correctional facilities for voluntary accreditation.

As crime increased in the late 1980s, and the community corrections model seemed
unsuccessful, the pendulum once again swung the other way. Pressure began
mounting against rehabilitation, indeterminate sentencing, probation, parole, and
treatment programs. Some penologists advocated putting criminals behind bars for a
determinate amount of time, noting that offenders should be kept off the streets so that
they cannot commit more crimes. As a result, the federal government and a growing
number of states introduced mandatory sentencing and life terms for habitual criminals
(often called "three strikes" laws after a baseball analogy, meaning that after three
convictions "you're out"). They also limited the use of probation, parole, and time off
for good behavior.

As Michael Tonry and Joan Petersilia pointed out in their study Prisons Research at
the Beginning of the 21st Century (Washington, DC: National Institute of Justice,
1999), "The rapid increase in the 1990s in the numbers of people confined in prisons
and jails coincided with falling crime rates." However, experts differed as to why this
decrease in crime occurred. Some reasoned that imprisoning more criminals naturally
led to less crime in society, while others believed that new policing strategies and
tactics—such as community policing and zero-tolerance—reduced crime.
The rising number of offenders on parole and in prisons and jails has taxed the system.
Facilities have become overcrowded and states have had problems securing
sufficiently large budgets to build new prisons and jails or to supply the needed
treatment and educational programs.

Meanwhile, state and federal courts have put caps on how many prisoners each facility
can hold and have told states that certain basic services are required. With
determinate sentencing often eliminating parole, prisons have turned to a system
called gain-time to prevent overcrowding and maintain control. Gain-time, or good
time, allows prison officials to deduct a specified number of days from an offender's
sentence for every month served without the inmate breaking any rules.
 DESIGN STANDARDS FROM BP 344

1. PARKING AREAS

1.1 Parking spaces for the disabled should allow enough space for a person to
transfer to a wheelchair from a vehicle;

1.2 Accessible parking spaces should be located as close as possible to building

entrances or to accessible entrances;

1.3 Whenever and wherever possible, accessible parking spaces should be

perpendicular or to an angle to the road or circulation aisles;

1.4 Accessible parking slots should have a minimum width of 3.70 m.;

1.5 A walkway from accessible spaces of 1.20 m. clear width shall be provided
between the front ends of parked cars;

1.6 Provide dropped curbs or curb cut-outs to the parking level where access
walkways are raised;

1.7 Pavement markings, signs or other means shall be provided to delineate parking
spaces for the handicapped;

1.8 Parking spaces for the disabled should never be located at ramped or sloping
areas;

DESIGN CRITERIA:

1. CATEGORIES OF DISABLED PERSONS. The categories of disability dictate the

varied measures to be adopted in order to create an accessible environment for
the handicapped. Disabled persons under these Rules may be classified into
those who have:

1.1.1 Impairments requiring confinement to wheelchairs; or

1.1.2 Impairments causing difficulty or insecurity in walking or climbing stairs or

requiring the use of braces, crutches or other artificial supports; or impairments
caused by amputation, arthritis, spastic conditions or pulmonary, cardiac or
other ills rendering individuals semi-ambulatory; or

1.1.3 Total or partial impairments of hearing or sight causing insecurity or likelihood

of exposure to danger in public places; or

1.1.4 Impairments due to conditions of aging and incoordination;

1.1.5 Mental impairments whether acquired or congenital in nature.

1.2 ANTHROPOMETRICS AND DIMENSIONAL

Data as Guides for Design.

The minimum and maximum dimensions for spaces in the built environment
should consider the following criteria:

1.2.1 The varying sizes and structures of persons of sexes, their reaches and their
lines of sight at both the standing and sitting positions.

1.2.2 The dimensional data of the technical aids of disabled persons. Included in the
second consideration are the dimensions of wheelchairs; the minimum space
needed for locking and unlocking leg braces plus the range of distance of
crutches and other walking aids from persons using such devices. By applying
at this very early stage dimensional criteria which take into account wheelchair
usage, the physical environment will ultimately encourage and enable
wheelchair users to make full use of their physical surroundings.

1.2.3 The provision of adequate space for wheelchair manoeuvring generally insures
adequate space for disabled persons equipped with other technical aids or
accompanied by assistants. In determining the minimum dimensions for
furniture and fixtures accessible to disabled persons, the following
anthropometric data shall serve as guides for design:

The length of wheelchairs varies from 1.10 m to 1.30 m. The width of

wheelchairs is from 0.60 m to 0.75 m. A circle of 1.50 m in diameter is a suitable
guide in the planning of wheelchair turning spaces. The comfortable reach of
persons confined to wheelchairs is from 0.70m to 1.20 m above the floor and not
less than 0.40 m from room corners. The comfortable clearance for knee and leg
space under tables for wheelchair users is 0.70 m.

Counter height shall be placed at a level comfortable to disabled

persons' reach.

[Refer to Annex B-2 to B-6, Figs. 2 to 8.]

1.3 BASIC PHYSICAL PLANNING

REQUIREMENTS. No group of people shall be deprived of full participation

and enjoyment of the environment or be made unequal with the rest due to any
disability. In order to achieve this goal adopted by the United Nations, certain basic
principles shall be applied:

1.3.1 ACCESSIBILITY. The built environment shall be designed so that it shall be

accessible to all people. This means that no criteria shall impede the use of
facilities by either the handicapped or non-disabled citizens.
1.3.2 REACHABILITY. Provisions shall be adapted and introduced to the physical
environment so that as many places or buildings as possible can be reached by
all.

1.3.3 USABILITY. The built environment shall be designed so that all persons,
whether they be disabled or not, may use and enjoy it.

1.3.4 ORIENTATION. Finding a person's way inside and outside of a building or

open space shall be made easy for everyone.

1.3.5 SAFETY. Designing for safety insures that people shall be able to move about
with less hazards to life and health.

1.3.6 WORKABILITY AND EFFICIENCY. The built environment shall be designed to

allow the disabled citizens to participate and contribute to developmental goals.

FEATURES AND FACILITIES:

Where the following features and facilities are: architectural design

requirements in accordance with generally accepted architectural practice, the same
include the corresponding graphic signs.

2.1 Architectural facilities and features:

2.1.1 A - Stairs

2.1.2 B - Walkways

2.1.3 C - Corridors

2.1.4 D - Doors and Entrances

2.1.5 E - Washrooms and Toilets

2.1.6 F - Lifts/Elevators

2.1.7 G - Ramps

2.1.8 H - Parking Areas

2.1.9 I - Switches, Controls, Buzzers

2.1.10 J - Handrails

2.1.12 K - Thresholds

2.1.12 L - Floor Finishes

2.1.13 M - Drinking Fountains

 2.1.14 N - Public Telephones

2.1.15 O - Seating Accommodations

Group H-1, Group H-4, and Group I

Theatres, Auditoriums and Convention Halls Barrier-free facilities and features

required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.

- Concert Halls and Opera Houses Barrier-free facilities and features required
in: A, B, C, D, E, G, H, J, K, L, M, N, and O.
- Colisea and Sports Complexes and Stadiums Barrier-free facilities and
features required in: A, B, C, D, E, G, H, J, K, L, M, N, and O.

STANDARD OF ACCESSIBILITY FOR SPECIAL TYPE OF FACILITIES

The provision of this section shall apply to the specified type of facilities and
identified specific requirements for accessibility and usability which shall be provided
for each of the listed occupancy uses.

Auditoriums, assembly halls, theaters, and related facilities:

a) Seating for the disabled shall be accessible from the main lobby to primary
entrances, together with related toilet facilities.

b) In all assembly places where seating accommodation is provided, there shall be

spaces for the disabled persons as provided.

c) When the seating capacity exceeds 500 an additional wheelchair seating space
shall be provided for each total seating capacity increase of 100 seats

d) Readily removable seats may be installed in these spaces when such spaces are
not required to accommodate wheelchair users.

COMPUTATION OF ACCESSIBLE UNITS

In the computation for the allocation of accessible units and seating capacity
decimal greater than 0.5 shall be considered as one unit. In all cases a minimum of
one (1) accessible unit shall be provided.

APPLICATION OF BARRIER-FREE FACILITIES AND FEATURES

  Graphic signs shall be bold and conspicuously installed in every access from
point of entry to connecting destination.
 Walkways shall be provided with adequate passageway in accordance with
the provision.
 Width of corridors and circulation system integrating both and vertical access
to ingress/egress level of the building shall be provided.
 Doors and entrances provided herein used as entry points at entrance lobbies
as local points of congregation shall be designed to open easily or accessible
from floor to floor or to any point of destination.
 Washroom and toilets shall be accessible and provided with adequate turning
space.
 Whenever elevator/s is required it should meet the requirements provided.
 Ramps shall be provided as means of access to level of change going to entry
points and entrances, lobbies influenced by condition of location or use.
 Parking areas shall be provided with sufficient space for the disabled persons
to allow easy transfer from car park to ingress/egress levels.
 Height above the floor of switches and controls shall be in accordance with
the provisions.
 Handrails shall be provided at both sides of ramps.
 Floors provided for every route of the wheelchair shall be made of non-skid
material.
 Water fountains shall be installed as required.

Minimum Requirements for Accessibility Illustrations for Minimum

Requirements

A. OUTSIDE AND AROUND BUILDINGS

1. DROPPED CURBS

1.1 Changes in level walkways should be by a dropped curb.

1.2 Dropped curbs should be provided at pedestrian crossings and at the end
of walkways of a private street or access road.

1.3 Dropped curbs at crossings have a width corresponding to the width of the
crossing; otherwise, the minimum width is 0.90 m.

1.4 Dropped curbs shall be ramped towards adjoining curbs with a gradient not
more than 1:12.

1.5 Dropped curbs shall be sloped towards the road with a maximum cross
gradient of 1:20 to prevent water from collecting at the walkway.
 1.6 The lowest point of a dropped curb should not exceed 25 mm from the road
or gutter.

2. CURB CUT-OUTS

2.1 Curb cut-outs should only be allowed when it will not obstruct a walkway or
in any way lessen the width of a walkway.

2.2 The minimum width of a curb cut-out should be 0.90 M.

2.3 Curb cut-outs should have a gradient not more than 1:12.

3. WALKWAYS AND PASSAGEWAYS

3.1 Walkways should be kept as level as possible and provided with slip-
resistant material.

3.2 Whenever and wherever possible, walkways should have a gradient no

more than 1:20 or 5%.

3.3 Walkways should have a maximum cross gradient of 1:100.

3.4 Walkways should have a minimum width of 1.20 meters.

3.5 If possible, gratings should never be located along walkways. When

occurring along walkways, grating openings should have a maximum
dimension of 13 mm x 13 mm and shall not project more than 6.5 mm above
the level of the walkway.

3.6 Walkways should have a continuing surface without abrupt pitches in angle
or interruptions by cracks or breaks creating edges above 6.50 mm.

3.7 In lengthy or busy walkways, spaces should be provided at some point

along the route so that a wheelchair may pass another or turn around. These
spaces should have a minimum dimension of 1.50 m and should be spaced at
a maximum distance of 12:00 m between stops.

3.8 To guide the blind, walkways should as much as possible follow

straightforward routes with right angle turns.

3.9 Where planting is provided adjacent to the walkway, regular maintenance is

essential to ensure branches of trees or shrubs do not overhang walkways or
paths, as not only do these present a particular danger to the blind, but they
also reduce the effective footways width available to pedestrians generally.

3.10 Walkway headroom should not be less than 2.0 m and preferably higher.

3.11 Passageways for the disabled should not be obstructed by street furniture,
bollards, sign posts or columns along the defined route, as they can be
hazardous
4. HANDRAILS

4.1 Handrails should be installed at both sides of ramps and stairs and at the
outer edges of dropped curbs. Handrails at dropped curbs should not be
installed beyond the width of any crossing so as not to obstruct pedestrian flow.

4.2 Handrails shall be installed at 0.90 m and 0.70 m above steps or ramps.
Handrails for protection at great heights may be installed at 1.0 m to 1.06 m.

4.3 A 0.30 m long extension of the handrail should be provided at the start and
end of ramps and stairs.

4.4 Handrails that require full grip should have a dimension of 30 mm to 50 mm.

4.5 Handrails attached to walls should have a clearance no less than 50 mm

from the wall. Handrails on ledges should have a clearance not less than 40
mm.

5. OPEN SPACES

5.1 Where open spaces are provided, the blind can become particularly
disoriented. Therefore, it is extremely helpful if any walkway or paths can be
given defined edges either by the use of planters with dwarf walls, or a grass
verge, or similar, which provides a texture different from the path.

6. SIGNAGES

6.1 Directional and informational sign should be located at points conveniently

seen even by a person on a wheelchair and those with visual impairments;

6.2 Signs should be kept simple and easy to understand; signages should be
made of contrasting colors and contrasting gray matter to make detection and
reading easy;

6.3 The international symbol for access should be used to designate routes and
facilities that are accessible;

6.4 Should a sign protrude into a walkway or route, a minimum headroom of 2.0
meters should be provided;

6.5 Signs on walls and doors should be located at a maximum height of 1.60 M.
and a minimum height of 1.40 meters. For signage on washroom doors, see C.
Section 8.6.

6.6 Signages labelling public rooms and places should have raised symbols,
letters or numbers with minimum height of 1 mm; braille symbols should be
included in signs indicating public places and safety routes;
 6.7 Text on signboards shall be of a dimension that people with less than
normal visual acuity can read at a certain distance.

7. CROSSINGS

7.1 In order to reduce the exposure time to vehicular traffic, all at grade
crossing should

7.1.1 Be as near perpendicular to the carriageway as possible.

7.1.2 Be located at the narrowest, most convenient part of the carriageway.

7.1.3 Have central refuges of at least 1.5 m in depth and preferably 2 m,

provided as a midcrossing shelter, where the width of carriageway to be
crossed exceeds 10 m.

7.2 All crossings should be located close if not contiguous with the normal
pedestrian desire line.

7.3 Provide tactile blocks in the immediate vicinity of crossings as an aid to the
blind. The tactile surface has to be sufficiently high enough to be felt through
the sole of the shoe but low enough not to cause pedestrian to trip, or to effect
the mobility of wheelchair users. See details of recommended pairing slabs
below.

Note: Tactile strips formed from brushed or grooved concrete finishes have not
been proven successful as they do not provide sufficient distinction from the
normal footway surface and therefore should not be used.

7.4 The most beneficial form of crossing as far as any disabled are concerned
is the light controlled crossing having pedestrian phases and synchronized
audible signals and should, wherever possible, be provided in preference to
other types of crossings as determined by the duly authorized agency.

7.5 The audible signal used for crossings should be easily distinguishable from
other sounds in the environment to prevent confusion to the blind. A prolonged
sound should be audible to warn the blind that the lights are about to change.
(Design of such a system shall be developed by the Traffic Engineering
Center.)

7.6 The flashing green period required for the disabled should be determined
on the basis of a walking speed of 0.90 m/sec. rather than 1.20 m/sec. which is
what is normally used. The minimum period for the steady green (for
pedestrians) should not be less than 6 seconds or the crossing distance times
0.90 m/sec., whichever is the greatest.

B. PARKING
1. PARKING AREAS

1.1 Parking spaces for the disabled should allow enough space for a person to
transfer to a wheelchair from a vehicle;

1.2 Accessible parking spaces should be located as close as possible to

building entrances or to accessible entrances;

1.3 Whenever and wherever possible, accessible parking spaces should be

perpendicular or to an angle to the road or circulation aisles;

1.4 Accessible parking slots should have a minimum width of 3.70 m.;

1.5 A walkway from accessible spaces of 1.20 m. clear width shall be provided
between the front ends of parked cars;

1.6 Provide dropped curbs or curb cut-outs to the parking level where access
walkways are raised;

1.7 Pavement markings, signs or other means shall be provided to delineate

parking spaces for the handicapped;

1.8 Parking spaces for the disabled should never be located at ramped or
sloping areas;

C. INSIDE BUILDINGS AND STRUCTURES

1. ENTRANCES

1.1 Entrances should be accessible from arrival and departure points to the
interior lobby;

1.2 One (1) entrance level should be provided where elevators are accessible;

1.3 In case entrances are not on the same level of the site arrival grade, ramps
should be provided as access to the entrance level;

1.4 Entrances with vestibules shall be provided a level area with at least a 1.80
m. depth and a 1.50 m. width;

2. RAMPS

2.2 Changes in level require a ramp except when served by a dropped curb, an
elevator or other mechanical device;

2.2 Ramps shall have a minimum clear width of 1.20 m;

2.3 The maximum gradient shall be 1:12;

 2.4 The length of a ramp should not exceed 6:00 m. if the gradient is 1:12;
longer ramps whose gradient is 1:12 shall be provided with landings not less
than 1.50 m.;

2.5 A level area not less than 1.80 m. should be provided at the top and bottom
of any ramp;

2.6 Handrails will be provided on both sides of the ramp at 0.70 m. and 0.90 m.
from the ramp level;

2.7 Ramps shall be equipped with curbs on both sides with a minimum height
of 0.10 m.;

2.8 Any ramp with a rise greater than 0.20 m. and leads down towards an area
where vehicular traffic is possible, should have a railing across the full width of
its lower end, not less than 1.80 meters from the foot of the ramp;

3. DOORS

3.1 All doors shall have a minimum clear width of 0.80 m;

3.2 Clear openings shall be measured between the surface of the fully open
door at the hinge and the door jamb at the stop;

3.3 Doors should be operable by a pressure or force not more than 4.0 kg; the
closing device pressure an interior door shall not exceed 1 kg.;

3.4 A minimum clear level space of 1.50 m x 1.50 m shall be provided before
and extending beyond a door;

EXCEPTION: where a door shall open onto but not into a corridor, the required
clear, level space on the corridor side of the door may be a minimum of 1.20 m.
corridor width;

3.5 Protection should be provided from doors that swing into corridors;

3.6 Outswinging doors should be provided at storage rooms, closets and

accessible restroom stalls;

3.7 Latching or non-latching hardware should not require wrist action or fine
finger manipulation;

3.8 Doorknobs and other hardware should be located between 0.82 m. and
1.06 m. above the floor; 0.90 is preferred;

3.9 Vertical pull handles, centered at 1.06 m. above the floor, are preferred to
horizontal pull bars for swing doors or doors with locking devices;

3.10 Doors along major circulation routes should be provided with kick plates
made of durable materials at a height of 0.30 m. to 0.40 m;
4. THRESHOLDS

4.1 Thresholds shall be kept to a minimum; whenever necessary, thresholds

and sliding door tracks shall have a maximum height of 25 mm and preferably
ramped;

5. SWITCHES

5.1 Manual switches shall be positioned within 1.20 m to 1.30 m above the
floor;

5.2 Manual switches should be located no further than 0.20 from the latch side
of the door;

6. SIGNAGES

(See "SIGNAGES" under OUTSIDE & AROUND BUILDINGS.)

7. CORRIDORS

7.1 Corridors shall have minimum clear width of 1.20 m.; waiting areas and
other facilities or spaces shall not obstruct the minimum clearance requirement;

7.2 Recesses or turnabout spaces should be provided for wheelchairs to turn

around or to enable another wheelchair to pass; these spaces shall have a
minimum area of 1.50 m x 1.50 m. and shall be spaced at a maximum of 12.00
m.;

7.3 Turnabout spaces should also be provided at or within 3.50 m. of every

dead end;

7.4 As in walkways, corridors should be maintained level and provided with a

slip resistant surface;

8. WASHROOMS & TOILETS

8.1. Accessible public washrooms and toilets shall permit easy passage of a
wheelchair and allow the occupant to enter a stall, close the door and transfer
to the water closet from either a frontal or lateral position;

8.2 Accessible water closet stalls shall have a minimum area of 1.70 x 1.80
mts. One movable grab bar and one fixed to the adjacent wall shall be installed
at the accessible water closet stall for lateral mounting; fixed grab bars on both
sides of the wall shall be installed for stalls for frontal mounting;

8.3 A turning space of 2.25 sq.m. with a minimum dimension of 1.50 m. for
wheelchair shall be provided for water closet stalls for lateral mounting;
 8.4 All accessible public toilets shall have accessories such as mirrors, paper
dispensers, towel racks and fittings such as faucets mounted at heights
reachable by a person in a wheelchair;

8.5 The minimum number of accessible water closets on each floor level or on
that part of a floor level accessible to the disabled shall be one (1) where the
total number of water closets per set on that level is 20; and two (2) where the
number of water closets exceed 20;

8.6 In order to aid visually impaired persons to readily determine whether a

washroom is for men or for women, the signage for men's washroom door shall
be an equilateral triangle with a vertex pointing upward, and those for women
shall be a circle; the edges of the triangle should be 0.30 m long as should be
the diameter of the circle; these signage should at least be 7.5 mm thick; the
color and gray value of the doors; the words "men" and "women" or the
appropriate stick figures should still appear on the washroom doors for the
convenience of the fully sighted;

Note: the totally blind could touch the edge of the signs and easily determine
whether it is straight or curved;

8.7 The maximum height of water closets should be 0.45 m.; flush control
should have a maximum height of 1.20 mts.

8.8 Maximum height of lavatories should be 0.80 m. with a knee recess of 0.60
- 0.70 M. vertical clearance and a 0.50 m. depth.

8.9 Urinals should have an elongated lip or through type; the maximum height
of the lip should be 0.48 m.

9. STAIRS

9.1 Tread surfaces should be a slip-resistant material; nosing may be provided

with slip-resistant strips to further minimize slipping:

9.2 Slanted nosing are preferred to projecting nosing so as not to pose difficulty
for people using crutches or braces whose feet have a tendency to get caught
in the recessed space or projecting nosings. For the same reason, open
stringers should be avoided.

9.3 The leading edge of each step on both runner and riser should be marked
with a paint or non-skid material that has a color and gray value which is in high
contrast to the gray value of the rest of the stairs; markings of this sort would be
helpful to the visually impaired as well as to the fully sighted person;

9.4 A tactile strip 0.30 m. wide shall be installed before hazardous areas such
as sudden changes in floor levels and at the top and bottom of stairs; special
 care must be taken to ensure the proper mounting or adhesion of tactile strips
so as not to cause accidents;

10. ELEVATORS

10.1 Accessible elevators should be located not more than 30.00 m. from the
entrance and should be easy to locate with the aid of signs;

10.2 Accessible elevators shall have a minimum dimension of 1.10 m. x 1.40 m.

10.3 Control panels and emergency system of accessible elevators shall be

within reach of a seated person; centreline heights for the topmost buttons shall
be between 0.90 m to 1.20 m from the floor;

10.4 Button controls shall be provided with braille signs to indicate floor level; at
each floor, at the door frames of elevator doors, braille-typefloor the elevator
car has stopped and from what level they are embarking from; for installation
heights, see Section 6.6, Signages;

10.4 Button sizes at elevator control panels shall have a minimum diameter of
20 mm and should have a maximum depression depth of 1 mm; signs shall be
placed so that blind persons can be able to discern what
ILLUSTRATIONS FOR MINIMUM REQUIREMENTS

A. OUTSIDE AND AROUND BUILDINGS

1. DROPPED CURBS

1.1 Changes in level walkways should be by a dropped curb.

1.2 Dropped curbs should be provided at pedestrian crossings and at the end
of walkways of a private street or access road.

1.3 Dropped curbs at crossings have a width corresponding to the width of the
crossing; otherwise, the minimum width is 0.90 m.

1.4 Dropped curbs shall be ramped towards adjoining curbs with a gradient not
more than 1:12.

1.5 Dropped curbs shall be sloped towards the road with a maximum cross
gradient of 1:20 to prevent water from collecting at the walkway.

1.6 The lowest point of a dropped curb should not exceed 25 mm from the road
or gutter.
2. CURB CUT-OUTS

2.1 Curb cut-outs should only be allowed when it will not obstruct a walkway or
in any way lessen the width of a walkway.

2.2 The minimum width of a curb cut-out should be 0.90 M.

2.3 Curb cut-outs should have a gradient not more than 1:12.
INSIDE BUILDINGS AND STRUCTURES

1. ENTRANCES

1.1 Entrances should be accessible from arrival and departure points to the
interior lobby;

1.2 One (1) entrance levels should be provided where elevators are accessible;

1.3 In case entrances are not on the same level of the site arrival grade, ramps
should be provided as access to the entrance level;
 1.4 Entrances with vestibules shall be provided a level area with at least a 1.80
m. depth and a 1.50 m. width;

2. RAMPS

2.2 Changes in level require a ramp except when served by a dropped curb, an
elevator or other mechanical device;

2.2 Ramps shall have a minimum clear width of 1.20 m;

2.3 The maximum gradient shall be 1:12;

2.4 The length of a ramp should not exceed 6:00 m. if the gradient is 1:12;
longer ramps whose gradient is 1:12 shall be provided with landings not less
than 1.50 m.;

2.5 A level area not less than 1.80 m. should be provided at the top and bottom
of any ramp;

2.6 Handrails will be provided on both sides of the ramp at 0.70 m. and 0.90 m.
from the ramp level;
 2.7 Ramps shall be equipped with curbs on both sides with a minimum height
of 0.10 m.;

2.8 Any ramp with a rise greater than 0.20 m. and leads down towards an area
where vehicular traffic is possible, should have a railing across the full width of
its lower end, not less than 1.80 meters from the foot of the ramp;

3. DOORS

3.1 All doors shall have a minimum clear width of 0.80 m;

3.2 Clear openings shall be measured between the surface of the fully open

door at the hinge and the door jamb at the stop;

3.3 Doors should be operable by a pressure or force not more than 4.0 kg; the
closing device pressure an interior door shall not exceed 1 kg.;

3.4 A minimum clear level space of 1.50 m x 1.50 m shall be provided before
and extending beyond a door;

EXCEPTION: where a door shall open onto but not into a corridor, the required
clear, level space on the corridor side of the door may be a minimum of 1.20 m.
corridor width;

3.5 Protection should be provided from doors that swing into corridors;
 3.6 Outswinging doors should be provided at storage rooms, closets and
accessible restroom stalls;

3.7 Latching or non-latching hardware should not require wrist action or fine
finger manipulation;

3.8 Doorknobs and other hardware should be located between 0.82 m. and
1.06 m. above the floor; 0.90 is preferred;

3.9 Vertical pull handles, centered at 1.06 m. above the floor, are preferred to
horizontal pull bars for swing doors or doors with locking devices;

3.10 Doors along major circulation routes should be provided with kick plates
made of durable materials at a height of 0.30 m. to 0.40 m;

4. THRESHOLDS

4.1 Thresholds shall be kept to a minimum; whenever necessary, thresholds

and sliding door tracks shall have a maximum height of 25 mm and preferably
ramped;
5. SWITCHES

5.1 Manual switches shall be positioned within 1.20 m to 1.30 m above the
floor;

5.2 Manual switches should be located no further than 0.20 from the latch side
of the door

6. SIGNAGES

(See "SIGNAGES" under OUTSIDE & AROUND BUILDINGS.)

7. CORRIDORS

7.1 Corridors shall have minimum clear width of 1.20 m.; waiting areas and
other facilities or spaces shall not obstruct the minimum clearance requirement;

7.2 Recesses or turnabout spaces should be

provided for wheelchairs to turn around or to enable another wheelchair to

pass; these spaces shall have a minimum area of 1.50 m x 1.50 m. and shall
be spaced at a maximum of 12.00 m.;

7.3 Turnabout spaces should also be provided at or within 3.50 m. of every

dead end;
 7.4 As in walkways, corridors should be maintained level and provided with a
slip resistant surface;

8. WASHROOMS & TOILETS

8.1. Accessible public washrooms and toilets shall permit easy passage of a
wheelchair and allow the occupant to enter a stall, close the door and transfer
to the water closet from either a frontal or lateral position;

8.2 Accessible water closet stalls shall have a minimum area of 1.70 x 1.80
mts. One movable grab bar and one fixed to the adjacent wall shall be installed
at the accessible water closet stall for lateral mounting; fixed grab bars on both
sides of the wall shall be installed for stalls for frontal mounting;

8.3 A turning space of 2.25 sq.m. with a minimum dimension of 1.50 m. for
wheelchair shall be provided for water closet stalls for lateral mounting;

8.4 All accessible public toilets shall have accessories such as mirrors, paper
dispensers, towel racks and fittings such as faucets mounted at heights
reachable by a person in a wheelchair;

8.5 The minimum number of accessible water closets on each floor level or on
that part of a floor level accessible to the disabled shall be one (1) where the
total number of water closets per set on that level is 20; and two (2) where the
number of water closets exceed 20;

8.6 In order to aid visually impaired persons to readily determine whether a

washroom is for men or for women, the signage for men's washroom door shall
be an equilateral triangle with a vertex pointing upward, and those for women
shall be a circle; the edges of the triangle should be 0.30 m long as should be
the diameter of the circle; these signages should at least be 7.5 mm thick; the
color and gray value of the doors; the words "men" and "women" or the
appropriate stick figures should still appear on the washroom doors for the
convenience of the fully sighted;
 8.7 The maximum height of water closets should be 0.45 m.; flush control
should have a maximum height of 1.20 mts.

8.8 Maximum height of lavatories should be 0.80 m. with a knee recess of 0.60
- 0.70 M. vertical clearance and a 0.50 m. depth.

8.9 Urinals should have an elongated lip or through type; the maximum height
of the lip should be 0.48 m.

9. STAIRS

9.1 Tread surfaces should be a slip-resistant material; nosings may be provided

with slip-resistant strips to further minimize slipping:

9.2 Slanted nosings are preferred to projecting nosings so as not to pose

difficulty for people using crutches or braces whose feet have a tendency to get
 caught in the recessed space or projecting nosings. For the same reason, open
stringers should be avoided.

9.3 The leading edge of each step on both runner and riser should be marked
with a paint or non-skid material that has a color and gray value which is in high
contrast to the gray value of the rest of the stairs; markings of this sort would be
helpful to the visually impaired as well as to the fully sighted person;

9.4 A tactile strip 0.30 m. wide shall be installed before hazardous areas such
as sudden changes in floor levels and at the top and bottom of stairs; special
care must be taken to ensure the proper mounting or adhesion of tactile strips
so as not to cause accidents;

10. ELEVATORS

10.1 Accessible elevators should be located not more than 30.00 m. from the
entrance and should be easy to locate with the aid of signs;
10.2 Accessible elevators shall have a minimum dimension of 1.10 m. x 1.40
m.;

10.3 Control panels and emergency system of accessible elevators shall be

within reach of a seated person; centerline heights for the topmost buttons shall
be between 0.90 m to 1.20 m from the floor;

10.4 Button controls shall be provided with braille signs to indicate floor level; at
each floor, at the door frames of elevator doors, braille-type signs shall be
placed so that blind persons can be able to discern what floor the elevator car
has stopped and from what level they are embarking from; for installation
heights, see Section 6.6, Signages;
 10.5 Button sizes at elevator control panels shall have a minimum diameter of
20 mm and should have a maximum depression depth of 1 mm;

11. WATER FOUNTAINS

11.1 At least one (1) fountain shall be provided for every 2,000 sq.m. of floor
area and there shall not be less than one (1) on each floor. Water spouts shall
be at the front and shall be push-button controlled. If wall-mounted, the
maximum height of the water fountain shall be 0.85 m. from the floor to the ro,.
Should the floor-mounted type be higher than 0.85 m. up to the rim, either
provide paper cups or another lower fountain.

12. PUBLIC TELEPHONES

12.1 Provide a clear, unobstructed space of 1.50 m x 1.50 m in front of mall-

mounted and free-standing units and telephones mounted at the rear wall of
alcoves or recesses.

12.2 Telephone booth door openings should have a minimum clear width of
0.80 m. with either outswing, folding or sliding doors, coin slots, dialing controls,
receivers and instructional signs shall be locked at a maximum of 1.10 m.
above the floor.

13. PLACES OF ASSEMBLY

13.1 Number of seating accommodations reserved for wheelchair users shall

be in accordance with Section 7 of the Rule III.
 GENERAL COMMERCIAL AND MIXED USE RECOMMENDATIONS FOR
COMPATIBILITY AND CONTEXT

This section provides general design principles for commercial and mixed use
projects in the North 101 Corridor Specific Plan Area. This section provides the basic
concepts for the creation of good community design and quality development. These
general recommendations are to be used in conjunction with other, more specific
recommendations for commercial and mixed use development found in subsequent
parts of this section.

A. Desirable Elements of Project Design

The following design elements are desirable and highly encouraged:

1. Significant wall articulation (insets, pop outs, columns, canopies, wing walls,
trellises)

2. Natural wall materials including stucco, stone, brick, clapboard, and ceramic
tile

3. Multi-planed roofs

4. Full roof treatments

5. Roof overhangs arcades, plazas and outdoor dining areas

6. Traditional storefront design (See Section 4.5.7)

7. Articulated mass and bulk oriented to pedestrian/village scale

8. Significant landscape and hardscape elements

9. Shared access driveways (for new and larger developments)

10. Landscaped and screened parking and loading

11. Pedestrian orientation and village scale

B. Undesirable Elements of Project Design

The following design elements are discouraged:

1. Large blank, flat wall surfaces

2. Unpainted concrete, slumpstone or corrugated metal

3. Highly reflective surfaces (mirror windows)

4. Metal or plastic siding

 5. Large front yard setbacks accommodating parking

6. Visible outdoor storage, loading, and equipment areas

7. Disjointed parking areas and awkward circulation patterns

8. Overabundance of access driveways, or unsafe locations

9. Large commercial development across numerous lots, without pedestrian

orientation

C. Building Height

Building heights should relate to adjacent development to allow compatibility

between new and existing development, promote a village scale and encourage
pedestrian activities.

1. Varied building heights preserve the desired mix of one, two, and three-story
buildings.

2. A transition from the height of adjacent development to the maximum height

of the new development is highly desirable.

3. Building heights which are oriented to a pedestrian scale promote the

intended “village” atmosphere.

4. Transitions from one story or two stories along the street frontage to two or
three stories further back, are desirable.

D. Scale and Bulk

Scale is the relationship between a proposed building’s size and the size of
adjoining buildings. The scale of new buildings should be compatible with existing
buildings in the area and should allow the continued domination of large trees along
the North 101 Corridor Specific Plan Area.

Large scale buildings that give the appearance of square box structures are
discouraged and generally will appear out of place if situated adjacent to the typically
smaller buildings of the North 101 Corridor Specific Plan area. Large developments,
which are constructed on three or more adjacent lots or have a frontage greater than
100 feet are encouraged to utilize a “village” design, such as several small buildings
around a plaza area. There are several ways to reduce the appearance of excessive
bulk in large buildings:

1. Vary the planes of the exterior walls in depth and/or direction.

2. Step back upper floors.

3. Vary the height of the building so that it appears to be divided into distinct
elements.
4. Use varied roof planes and shapes.

5. Articulate the different parts of a building’s facade by use of color,

arrangement of facade elements, and/or change in materials.

6. Use landscaping and architectural detailing at the ground level to lessen the
impact of large buildings.

7. Avoid new buildings with blank walls at the ground floor level. Utilize
windows, wall insets, change in materials or canopies to create interest. Where
blank walls are unavoidable due to storage space or other interior
requirements, these walls should provide opportunities for murals, landscape
backdrop, and decoration.

8. Visual relief is recommended for linear buildings by the use of architectural

projections or recessed areas that create the appearance of smaller adjoining
buildings.

E. Color

The following color recommendations are intended to promote building

colors that are appropriate to the character and orientation of the building, and
which tie together the various elements of the building in a manner which is
compatible with adjacent buildings as well as the intended character of the
area. These recommendations are not intended to dictate all building colors or
rule out color options, but rather to provide a framework of desirable colors, and
color values which are appropriate to the intended character of the North
Highway 101 Corridor Specific Plan area.

1. Light to medium intensity colors are encouraged for the overall background
building color. Bright, intense colors are better reserved for accents, trim or
highlighting architectural features.

2. The dominant color of new buildings should relate to the inherent color of the
building’s primary finish materials.
 3. No limit to the number of colors used on a building is recommended. In fact,
the use of numerous accent colors can be appropriate provided the color
palette is compatible with these recommendations.

4. Fluorescent colors are generally not appropriate to the desired eclectic

village character.

5. Color can be used to break down the scale of a building by highlighting

various architectural elements.

6. Signs and awnings which are color coordinated with the building facade can
successfully be used to introduce brighter or more intense colors.

7. The hues, values, and intensities of a color program should be compatible

with adjoining building colors and landscaping elements, except where adjacent
buildings diverge from these recommendations.

8. Large areas of intense white are discouraged.

9. Murals and supergraphics, not advertising a business, are encouraged.

GENERAL COMMERCIAL AND MIXED USE BUILDING DESIGN

RECOMMENDATIONS

The commercial and mixed use building design recommendations for the
North 101 Corridor Specific Plan area are developed to encourage new buildings
and renovations to have a pedestrian scale, which is compatible with the desired
village character. The following provides design recommendations for single- and
multi-building commercial developments.

A. Mass and Compatibility

New buildings and renovations are encouraged to have pedestrian orientation

and scale and to be compatible with the existing village character. The following
recommendations propose ways to break up building mass and encourage
compatibility between larger and smaller development.

1. Breaking up large volumes or planes into smaller ones can diminish the
scale of a building. Building mass can be varied in form or divided to emphasize
various interior building functions.

2. Large expanses of building facades (approximately 30 feet or greater) with

no architectural variations should be avoided. Building articulation and
setbacks, window and entry variations, patios, plazas or other
landscaped/hardscaped pedestrian areas are highly encouraged.
3. Roofline and height variations utilizing full, multi-planed roofs break up
massing, provide visual interest and can be used to identify individual spaces.

4. The pedestrian scale of the street can be reinforced by distinguishing the

upper floor. This can be accomplished with materials changes, window
variations, overhanging building elements and other devices which focus
attention on the pedestrian level.

5. Special treatment of building entrances is desirable to add interest to a

facade.

6. Long, regular facades should be avoided.

7. Strong vertical elements such as windows, roofs, pilasters, columns, stairs

and towers, or use of wall articulation can break up the length of a facade and
create necessary variation in building style.

8. A diversity of scale throughout the commercial corridor encourages a

village atmosphere.

9. The traditional pattern of development in the commercial corridor has been

small buildings on small lots. If consolidation of lots is proposed, efforts should
be made to preserve this pattern. New development using small individual
buildings or building modules is strongly encouraged.

10. Additions to existing buildings should be designed to be integrated with

the existing building. The new addition should match the existing building in
terms of scale, window and door styles and openings, roof line, materials, color,
and other aspects of design.

11. Where a newer look is desired than that found on the existing building,
the entire building should be renovated to achieve a single design, except
designated historic or architecturally significant buildings as determined by the
Director of Community Development.

12. Terracing of buildings tends to diminish mass and provides an opportunity

to conceal parking or mechanical equipment.
RULE III - SPECIFIC REQUIREMENTS FOR BUILDINGS AND RELATED
STRUCTURES FOR PUBLIC USE

CLASSIFICATION OF BUILDING BY USE OF OCCUPANCY:

1.1 Occupancy classified by categories enumerated in Section 701 of the National

Building Code (PD 1096) are hereby adapted

1.1.1 Category I - Residential -This shall comprise Group A and partly Group B
Buildings

1.1.2 Category II - Commercial and Industrial -This shall comprise partly Groups B,
C, E, F, G, H, and I Buildings

1.1.3 Category III - Educational and Industrial - This shall comprise partly Group C,
D, E, and H Buildings

1.1.4 Category IV - Agricultural - This shall comprise partly Group J Buildings.

1.1.5 Category V - Ancillary - This shall comprise partly Group J Buildings

ARCHITECTURAL FEATURES AND FACILITIES:

Where the following features and facilities are: architectural design

requirements in accordance with generally accepted architectural practice, the same
include the corresponding graphic signs.

2.1 Architectural facilities and features:

2.1.1 A Stairs

2.1.2 B Walkways

2.1.3 C Corridors

2.1.4 D Doors and Entrances

2.1.5 E Washrooms and Toilets

2.1.6 F Lifts/Elevators

2.1.7 G Ramps

2.1.8 H Parking Areas

2.1.9 I Switches, Controls, Buzzers

2.1.10 J Handrails

2.1.11 K Thresholds
2.1.12 L Floor Finishes

2.1.13 M Drinking Fountains

2.1.14 N Public Telephones

2.1.15 O Seating Accommodations

CATEGORY I

The following requirements shall only apply to government-owned buildings.

3.1 Group A

3.1.1 Single detached. Ten percent (10%) of the total units to be constructed.
Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.

3.1.2 Duplexes: Ten percent (10%) of the total units to be constructed. Barrier-free
facilities and features required in: A, B, C, D, E, G, H, I, J, K, and L.

3.1.3 School or company staff housing units: One (1) unit for 26 to 50 units to be
constructed and 1 additional unit for every 100 units thereafter. Barrier-free facilities
and features required in: A, B, C, D, E, G, H, I, J, K, and L.

3.2 Group B

3.2.1 Multiple dwelling units or high-rise residential condominiums or tenement

houses.

One (1) unit from 26 up to 50 units to be constructed and an additional unit for
every 100 units thereafter, with all such units at ingress level in case there is not
barrier-free elevator provided.

Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I, J, K, L,

and M.

CATEGORY II

The following requirements shall apply to both government and privately-

owned buildings.

4.1 Group B

4.1.1 Accessories, tenement houses and/or row houses, apartment houses and/or
town houses. One (1) unit for every 50 units up to 150 units and an additional unit for
every 100 units thereafter. Barrier-free facilities and features required in: A, B, C, D,
E, G, H, I, J, K, and L.
4.1.2 Hotels, motels, inns, pension houses and/or apartels. One (1) unit per every 50
units up to 150 units and an additional unit for every 100 units at ingress level. In
case there is no barrier-free elevators: at least one (1) unit shall be provided at
ingress level. Barrier-free facilities and features required in: A, B, C, D, E, F, G, H, I,
J, K, L, M, and N.

4.1.3 Private or "off campus" Dormitories: One (1) unit per every 50 units up to 150
units and an additional dwelling unit for every 100 units thereafter at ingress level.
Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M, and
N.

4.2 Group C

4.2.1 Amusement Halls and Parlor

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L,

M, N and O.

4.2.2 Massage and Sauna Parlors

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L,

and M.

4.3 Group E-1

4.3.1 Train Stations and Terminals

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N

and O.

4.3.2 Bus depots and terminals

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N

and O.

4.3.3 Transportation Office

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N

and O.

4.3.4 Airport terminal buildings, heliports

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N

and O.

4.3.5 Ports and harbor facilities, landing piers, sheds, ferry landing stations
 Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L,
M, N and O.

4.4 Group E-2

4.4.1 General wholesale and retail stores

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

4.4.2 Shopping centers and supermarkets and public markets

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

4.4.3 Restaurants, dining and drinking establishments

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

4.4.4 Office Buildings

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

4.4.5 Financial Institutions

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, and N.

4.4.6 Funeral parlors, morgues and crematories

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N,

and O.

4.4.7 Memorial and Mortuary Chapels

Barrier-free facilities and features required in A, B, C, D, E, F, G, H, I, J, K, L, M, N,

and O.

4.5 Group H-1, Group H-4, and Group I

4.5.1 Theaters, Auditoriums and Convention Halls

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and

O.

4.5.2 Concert Halls and Opera Houses

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and

O.

4.5.3 Colisea and Sports Complexes and Stadiums

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and
O.

4.6 Group F

4.6.1 Dairies and Creameries

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.6.2 Factories and workshops using incombustible or non-explosive materials

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.6.3 Breweries bottling plants, canneries and tanneries

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.7 Groups G-3

4.7.1 Wood working establishments, lumber and timber yards.

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.7.2 Pulp, paper and paper board factories

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.7.3 Textile and fiber spinning mills

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

4.7.4 Garment and undergarment factories

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

CATEGORY III

5.1 Group C

5.1.1 Educational institutions (schools, colleges, universities, vocational schools,

seminaries and novitiates), including school auditoriums, gymnasia, reviewing
stands, little theaters and concert halls.

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and

O.

5.1.2 Libraries, museums, exhibition halls and art galleries

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and
O.

5.1.3 Civil Centers

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and

O.

5.1.4 Clubhouses lodges

Barrier-free facilities and features required in: A, B, C, D, E, G, H, J, K, L, M, N, and

O.

5.2 Group D-1

5.2.1 Mental hospitals, mental sanitaria, mental asylums

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.2.2 Jails, prisons, reformatories, correctional institutions

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.2.3 Rehabilitation Centers

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.2.4 Leprosaria

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.3 Group D-2

5.3.1 Homes for the Aged

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.3.2 Hospitals and Sanitaria

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.4 Group D-3

5.4.1 Nursing Homes for ambulatory patients

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.4.2 Orphanages
Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.5 Group E-7

5.5.1 Police and fire stations

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, and M.

5.6 Group H

5.6.1 Churches, temples, chapels and similar places of worship

Barrier-free facilities and features required in: A, B, C, D, E, G, H, I, J, K, L, M, and

O.

CATEGORY IV

6.1 Agricultural buildings

Barrier-free facilities and features required in: A, B, C, D, G, H, I, J, K, and L.

NATIONAL BUILDING CODE OF THE PHILIPPINES
 2004 Revised Implementing Rules and Regulations (IRR) of Presidential
Decree No. 1096, 1977 National Building Code of the Philippines (NBCP)
General USE
Classification
of
Zoning
Use/Characte
Classificatio
r of PRINCIPAL ACCESSORY CONDITIONAL n
Occupancy of
Building/
Structure
Group D – Institutional (Government and Health Services)
Division D-1 1. Mental 1. Welfare 1. Garage for GI (General
(Institutional, hospitals, mental homes, jeepneys and Institutional)
where sanitaria and orphanages, boys taxis not greater -a
personal mental asylums and girls’ town, than six (6) units community
liberties of in- 2. Police and home for the in number to national
mates are fire stations, aged and the like 2. Garage for level of
restrained, or guard houses 2. Rehabilitation bus and trucks institutional
quarters of 3. Jails, prisons, and vocational not greater than use or
those reformatories and training center three (3) units in occupancy,
rendering correctional for ex-convicts, number characterized
public institutions drug addicts, 3. Retailing of mainly as a
assistance and 4. unwed mothers, CHBs, gravel low- rise,
maintaining Rehabilitation physically, and sand and medium-rise
peace and centers mentally and other concrete or high-rise
order) 5. Leprosaria emotionally products building/
and quarantine handicapped, structure
station ex-sanitaria for medical,
inmates; and government
similar service
establishments administrativ
3. Military e and related
camps/reservatio activities,
ns/bases and e.g.,
training grounds hospitals and
4. Penitentiary related health
and correctional care facilities,
institution government
offices,
military,
police and
correctional
buildings and
the like.
SETBACKS:
Table VIII.2. Minimum Setbacks for Residential Buildings/Structures
Type of Residential Use/ Occupancy
R-2 R-3 R-4
YARD R–1 (individual R-5
Basic Maximum Basic Maximum
(meters) lot/unit) (meter)
(meters) (meters) (meters) (meters)
(meters)
Front 4.50 3.00 8.00 3.00 8.00 4.50 6.00
Side 2.00 2.00 2.00 *** 2.00 2.00 3.00
Rear 2.00 2.00 2.00 *** 2.00 2.00 3.00
Notes:
a) The setback requirements in Table VIII.2. above are for newly-developed
subdivisions.
b) Total setback only at grade (or natural ground) level, i.e., 3.00 meters + 5.00
meters = 8.00 meters (to accommodate part of the minimum parking
requirement outside the designated area for the front yard). The second and
upper floors and mezzanine level shall thereafter comply with the minimum 3.00
meters’ setback unless otherwise provided under the Code.
c) Setback required for only one (1) side. Setbacks on two sides shall be optional.
d) Abutments on two sides and rear property lines may be allowed with conditions
as enumerated under Section 804, Subsection 10 of this Rule.
e) Mixed-Use Buildings/Structures in R-5 lots shall be considered a commercial
use or occupancy if a substantial percentage, i.e., 55% of the Gross Floor Area
(GFA) is commercial.
f) In cases where yards/setbacks are impossible to attain or where frontage and
depth of lots are similar to that of Open Market or Medium Cost Housing
Projects, abutments on the sides and rear property lines may be allowed and
1.50 meters’ front yard is left open as transition area.
Table VIII.3. Setbacks for Commercial, Industrial, Institutional and
Recreational Buildings
Road Right-of-Way
Front Side Rear
(RROW) Width
(meters) (meters) (meters)
(meters)
30.00 & above 8.00 5.00 5.00
25.00 to 29.00 6.00 3.00 3.00
20.00 to 24.00 5.00 3.00 3.00
10.00 to 19.00 5.00 2.00 2.00
Below 10.00 5.00 2.00 2.00
BASEMENTS
1. Maximum Configuration of Basement Levels While basements may be developed
for medium to very high density residential, commercial, institutional and mixed-use
developments, its planning, design and construction shall observe the following
limitations:
a. The minimum road right-of-way (RROW) width that services the lot on
which the basement can be constructed should be at least 10.00
meters wide;
 b. For basements to be allowed, the prescribed setbacks and yards must
be satisfied for the building/structure above grade inasmuch as the very
same setbacks shall apply below grade to determine the maximum depth
or width of the basement level;
c. If the Code prescriptions for introducing natural light and ventilation into
all basement levels are first satisfied (refer to Fig. VIII.G.23.), the
maximum depth of the basement can then be made equal to one-half of
the height of the building above grade; if the prescriptions for natural
lighting and ventilation are satisfied, the basement depth can therefore
be as much as one-third of the combined height of the building to be
constructed above grade and below grade;
d. The center portion of all basement levels shall be reserved for the
satisfaction of the basement level may extend by a minimum clear
distance of 1.40 meters from the outermost face of the building (OFB) at
grade level;
e. The OFB at the second and lower basement levels shall follow the line
of the OFB at grade level; and
f. All drainage structures below grade shall not exceed the OFB below
grade.
2. Minimum Provisions for Natural Lighting and Ventilation at Basement Levels
If basements are to be developed, the following minimum provisions for
natural light and ventilation shall be satisfied:
a. A primary or main natural light and ventilation shaft (vertical) with a clear
distance of at least 3.00 meters shall be located at the center of the
building and shall traverse the entire combined height of the building
above and below grade; (refer to Fig. VIII.G.23)
b. Secondary or support natural light and ventilation shaft/s (angular) with
a clear distance of at least 1.20 meters shall emanate from the front and
rear perimeters of the building and shall traverse the entire depth of the
basement; the angular shaft/s shall be at an angle of 60º from the
horizontal, consistent with the maximum Philippine solar angle; separate
angular shafts emanating from the side perimeters of the building are
encouraged; and
c. Both the vertical and angular shafts shall only be used for natural air and
light intake and shall not be used for any form of exhaust or air exchange
to keep the temperature inside the shafts at a minimum.
TTS Building Types
 Understanding the conditions of New Bilibid Prisons:
Implications for Integrated Reforms

By

Raymund E. Narag, Ph.D.

Assistant Professor
Southern Illinois University

Abstract

This comprehensive report analyzes the conditions of the Philippine Bureau Corrections (BuCor)
and its flagship institution, the New Bilibid Prisons (NBP). Utilizing a holistic perspective, this
report documents the interrelatedness of structural, organizational, and cultural characteristics of
a penal facility. Specifically, this paper documents how prison officers and inmates dealt with
the structural limitations of their work environment and the pains of imprisonment, respectively,
the different organizational coping mechanisms that arose, and the cultural narratives that prison
officers, inmates, and volunteers employed to justify their behaviors. Qualitative narratives from
prison guards, inmates, and volunteers suggest the creation of informal organizational coping
structures like the mayores, pangkat, VIP, and kubol, as a response to structural problems of
overcrowding, lack of personnel, and deficiency in resources. These informal structures have
short-term positive effects but long-term negative consequences that perpetuate a corrupt and
predatory style of penal management. Using the mandates of the Modernization Law of the
Bureau of Corrections, an integrated reform agenda that is congruent to the principles of
effective correctional management is presented. In lieu of the 22,000-inmate population NBP,
this paper also outlines the visions for multiple 2000-inmate population Regional Prisons.

1
1. Introduction

The efficient administration of criminal justice is a prerequisite to a country’s national

development. The humane treatment of persons deprived of liberty and their preparation for
reintegration upon release are two of the key indicators of an efficient criminal justice
administration. Current assessments of these two key indicators suggest that the Philippines lag
behind compared to similarly situated countries (ICPS, 2014). With the passage of the
Modernization Law of the Bureau of Corrections (BuCor) in 2013, however, the Philippine
government is currently engaged in multiple efforts to improve the correctional pillar of its
criminal justice system.

The Modernization Law of the BuCor mandates reforms in three key areas. First, it mandates the
professionalism of correctional personnel by increasing the number, quality and basic pay of
staff. Second, it mandates the upgrading of facilities and equipments in order to provide for the
safe and humane custody of inmates. And third, it mandates the restructuring of the organization
and the introduction of modern correctional practices to increase its institutional capacity in
reforming inmates and in preparing them for eventual reintegration to society.

In order to successfully reform the BuCor, a grounded understanding of current problems that
plague the organization needs to be in order. The BuCor, especially its flagship institution, the
New Bilibid Prison (NBP), is always under media spotlight due to observance of practices that
are considered “scandalous” by outside observers. One of the latest scandals that troubled the
BuCor was the incident of “high profile inmates” who feigned sickness and abused their
“medical passes” to conduct business in the outside as shown in CCTV footages that captured
lapses in security protocol among escorting guards (De Jesus, 2014). In previous years, rich
inmates had been discovered to maintain “luxurious lifestyles” inside the prison (Ramos &
Endozo, 2011). The common response to these “media exposé” had been suspensions or
transfers of prison guards, which are short-term solutions to long-embedded problems.

These sensationalized media reporting captures only a small portion of the resultant penal
practices in the NBP and other penal facilities. Given the decades of neglect to the penal
institutions (COA Report, 2005), there emerged practices that were initially introduced as
stopgap measures but have become enduring features of the penal management. Examples of
these practices include the mayores, kubol, inmate patakaran, takal, pangkat and Very Important
Preso (VIPs). These practices are unique adaptations to the inadequacy of resources, personnel,
facilities, and programs that characterize the BuCor. These practices generate short-term benefits
but also induce long-term negative impacts on penal management. These practices are not
officially acknowledged and the absence of formal policies guiding their use translates into abuse
and corruption. Efforts to reform the BuCor, however, necessarily entail a holistic understanding
of these ingrained practices as failure to acknowledge their inter-relatedness may thwart any
reform initiative. For example, efforts to eradicate the practice of mayores may exacerbate the
condition if the root cause of the problem, which is the lack of personnel, is not addressed in the
first place.

This paper presents an analytical framework for understanding the BuCor. It presents empirical
narrative data gathered through participatory workshops, focus group discussions, interviews,

2
and surveys among personnel, inmates, and prison volunteers that were conducted in the
summers of 2013 and 2014. This paper brings disparate information reported by media and
casual observers about life inside Philippine prisons into a holistic and cogent perspective.
Specifically, the aim of this paper is to provide a holistic assessment of the conditions of the
BuCor, especially its flagship institution, the New Bilibid Prison (NBP). It will describe how
current penal conditions subvert the four areas of correctional management, namely: inmate
classification, housing placement, inmate programming, and documentation and assessment.
From the presentation of current conditions, this paper outlines the ingredients of a holistic
reform package toward a modernized BuCor that adhere to principles of effective correctional
management. Specifically, this paper outlines how a 2000-inmate population Regional Prison
can be achieved in the current Philippine context in lieu of the overcrowded, outmoded, and
criminogenic New Bilibid Prison.

2. Analytical framework

To provide a holistic understanding of the Philippine penal conditions, this paper utilizes an
integrated perspective that highlights the structural, organizational, and cultural characteristics of
a penal institution. Against the structural, organizational, and cultural backdrop, a better
understanding of the challenges in prison management and inmate programming can be
illuminated. This perspective assumes that these three characteristics are intimately intertwined
and must be addressed simultaneously in any efforts to reform the penal institution. This
perspective further assumes that failure to address any of these components simultaneously may
negate the gains in other components.

2.1. Structural characteristics

The structural characteristics refer to the basic conditions of the prison. These refer to the
capability of the prison to provide for food, clothing, medicines, and shelter to inmates. These
also refer to level of crowding and amount of cell and yard space allocated as a living quarters to
inmates. The structural characteristics of the penal institution therefore describe the basic living
conditions of inmates and level of services and amenities offered in the penal facility. The
structural characteristics is related to “pains of imprisonment” and “levels of deprivation”
(Sykes, 1958) faced by the inmates.

In an under-resourced penal setting like the Philippines, inmates are not only deprived of their
cell conditions but penal officers are also strained in the conditions of their work environment.
Thus, the structural characteristics of the prison also refer to number of facilities and equipment
that augment the officers’ capacity for security, the number personnel assigned to secure a
number of inmates, referred to as personnel-to-inmate ratio, and the budgetary resources
allocated to support facility maintenance, office operations, and inmate programming. In terms
of structural characteristics, therefore, some penal institutions are more deprived than others and
penal institutions vary in the level of work environment they provide to their staff.

3
2.2. Organizational characteristics

Organizational characteristics refer both to formal policies, rules and practices officially
endorsed by the organization and to informal policies, rules and practices that arose as a coping
mechanism to the limitations of structural conditions. In other words, organizational
characteristics refer to how the employees reconcile the formal goals of a penal institution with
the resources currently available at their disposal. For example, all penal institutions are tasked
with the safe custody and rehabilitation of the inmates; however, penal institutions vary in the
amount of resources under their arsenal. Penal institutions that are provided with material,
technological, and personnel resources are more likely to meet the officially mandated goals.
Penal institutions with limited resources, on the other hand, may be forced to innovate (Merton,
1938) and introduce coping mechanisms to temporarily meet the formally stated goals. These
coping mechanisms are short-term solutions to the structural problems. The coping mechanisms
may soon be regularized and become a functional characteristic of the penal organization.
Organizational characteristics also refer to how penal officers and inmates reconcile the tensions
between the formal and informal policies, rules and practices.

2.3. Cultural characteristics

The interplay of the formal and informal polices, rules and practices is normalized, which in turn
creates the “culture of the penal institution.” Cultural characteristics refer to the different values,
norms, language and thinking patterns that can exist in the penal setting (Clemmer, 1940) and
adhered to by the prison officers and inmates alike. Cultural characteristics are cast in terms of
cultural scripts or narratives (Swidler, 1986) that inmates and prison guards utilize to justify their
behaviors (Sykes and Matza, 1957) in a particular organizational scenario or context (Bourdieu,
1985). Prison officers and inmates are introduced to these different cultural scripts, and in due
time, take these cultural scripts as a justification of their behavior. Prison officers and inmates
who are invested in following the culture of the prison can generate social and political power
within the prison setting. This creates a hierarchy of status in the prison community, the
delineation of particular roles, and the articulation of a prison code that guides the behaviors of
inmates and prison officers alike.

2.4. Illustration

To provide a brief illustration of how structural, organizational, and cultural characteristics are
intertwined in a prison, take the following example. Given the problem of cell crowding and lack
of ventilation (a manifestation of a structural condition), an officer may justify the entry of an
electric fan to a sickly inmate (a manifestation of an organizational coping) and use such
narrative as: “it is okay to break a rule as long as it is for humanitarian considerations” (a
manifestation of a cultural narrative). As this officer continually engages in this behavior, he
gains prestige and status in the prison community. Inmates learn of his status and continually
seek his favor. In the short run, this setup provides a mechanism for inmates to normalize
(Gutierrez, 2012) their conditions, that is, inmates can have access to ventilation. In the long
run, however, this practice can mutate into corrupt practices, as other prison staff can utilize
these dynamics a pretext to generate extra-income: “it is okay to break a rule as long as it is for
hu-money-tarian purposes.” While the obvious problem that can be seen here is “corruption” and

4
abuse of authority by prison guards, the initial structural problem (that is, cell crowding and lack
of ventilation) is usually hidden and not reported. Efforts to discipline the erring guards through
transfer in a far-away penal colony may work in the short-run, but other prison officers will
simply fill in the void caused by the transfer and the practice is again resumed. See Figure 1.

Structural Organizational coping:
conditions: Entry of electric fan


Cell Outcome:
overcrowding, Corruption
lack of Cultural narrative:
ventilation Okay lang tumanggap
ng pera hangga’t
nakakatulong

Figure 1. The interrelatedness of structural, organizational, and cultural characteristics of a penal

facility and its outcome.

The following sections will provide intimate details of the inter-relationship between the
structural, organizational, and cultural characteristics of the penal institution. Utilizing narratives
from prison officers, inmates and volunteers, these sections will provide a voice to the people
experiencing the current situation. The narratives presented here capture the lived experiences of
the research participants and provide a hint of their overall experiences. To protect the
confidentiality of the information, the real names of the persons are not divulged and number
markings are instead provided.

3. Current situation

3.1. Structural conditions

The BuCor currently houses around 42,000 inmates nationwide but its total rated capacity for all
its penal facilities is estimated at 17,000 inmates. It is currently working at more than twice its
capacity. This translates to the creation of mega-prisons, which are defined as prison facilities
with more than two thousand inmates.

The population crowding varies among penal facilities and even among compounds within a
penal facility. The New Bilibid Prison (NBP) located in Metro Manila is the flagship prison
managed by the BuCor. The current population of the NBP stands at 22,000 with a rated
capacity of 9,000 inmates and the Maximum Security Compound of the NBP accommodates
more than 14,000 inmates but its design capacity is only for 3,000 inmates (BuCor, 2014; see
also, Cayabyab, 2014). This population overcrowding translates into multi-occupancy cell
arraignments where as many as 80 to 100 inmates are crammed in a cell designed for 10 people.

5
On top of overcrowding and lack of space, the facilities of the BuCor in all the prison camps are
mostly outmoded and poorly maintained (COA report, 2005). A very small portion of the BuCor
budget is allocated toward capital outlay.

In terms of personnel, the total strength of the BuCor is 2,568 of which 1,328 are assigned in
custodial functions and the rest are either assigned in rehabilitation and administrative functions
(BuCor, 2014). The current custodial officer-to-inmate ratio is 1 is to 80, which could be even
thinner in some shifts. Ideally, the custodial ratio is pegged at 1 is to 7 and rehabilitation ratio is
1 is to 24, both of which are not met. Additionally, there is inadequacy and insufficiency of
training due to the adhoc nature of the training school where trainors are assembled only when
new recruits are brought in. Though guards now are required to have at least a college degree,
the amount and quality of training is minimal. Finally, the starting salary for Prison Guard 1 is
Php 17,255 as of January, 2014, an increase of more than 50 percent from where it was the
previous year. However, given the expensive cost of living in the urban cities like the Metro
Manila, this monthly salary is barely within the poverty level.

In terms of financial resources, the total budget of BuCor in 2014 is 1.9 billion pesos, of which
650 million pesos is allocated for personnel remuneration, 1.2 billion pesos is allocated for
maintenance and operating expenses and 50 million pesos is allocated for capital outlay. In the
aggregate, this translates to around 47,000 pesos per inmate per year or 130 pesos per day. The
budget for food is pegged at 50 pesos per day per inmate and for medicine it is pegged at 3 pesos
per day per inmate. Inmates are also allocated 3 pesos per day to cover basic supplies like
blankets, laundry, mats, and mosquito nets.

3.1.1. Experiencing overcrowding

In the different workshop activities conducted in the summers of 2013 and 2014, correctional
officers repeatedly complained about the effects of overcrowding. One of the major themes is
impact to their security. One correctional officer reports:

“Even if I am a superman, I cannot guard all 80 to 100 inmates in just one cell that is good for
10 people. There is no way you can do that. You will be overpowered. Our life is always in
danger. But you don't hear us complain about that. But these senators and congressmen, when
they come and visit, they think we are the dumbest people on earth. They don’t see that we are
putting our lives daily in the line here” (Prison officer M1).

The statement above captures the sentiments of custodial officers who feel that their plight is not
understood by the outside world. Rehabilitation personnel, on the other hand, lament the impact
of overcrowding to their limited capability to introduce programs. Here is a statement by a
rehabilitation officer and concurred upon by 8 other members of her discussion group:

“It is a difficult situation when we intend to conduct rehabilitation programs but we cannot do so
because of lack of space. We used to have an educational program in building ___ (name of
building), however that building had to be transformed into a living space because there is no
more place to house the inmates. And so we moved our program to the basketball court. But it is

6
extremely hot there, so students stopped attending. Of course! Who will be interested? So the
program died a natural death” (Rehabilitation officer, F1).

This statement captures the sentiments of most rehabilitation officers. They argue that they are
willing to introduce as many programs as they can, however, the attendant facility and space are
not there. And they lament the fact that they when they submit reports that show lack of
activities, “they are the ones being blamed.” Here is a narrative from a rehabilitation officer:

“We had spiritual programs, sports and recreation. However, there is not enough space. There
are no facilities. But they expect us to report something. That is how we are assessed of our
performance. But what can we do, what can we report? And now they blame us for not doing
anything” (Rehabilitation officer, F2).

This “blame game” is key issue among prison officers. The custodial officers echo the same
predicament. They complain that when escapes happen, “they are usually the ones described as
inept, and even corrupt, but in fact the dilapidated facilities are the real culprits.” For example, an
inmate from the Medium Security Compound successfully escaped in the summer of 2013. The
inmate dug a hole in the age-old perimeter fences. Officers on duty are procedurally relieved
pending investigation to establish if they were neglectful of their duties. As one custodial officer
laments:

“I challenge people in the ____ (a department) and the ______(a commission) to come and take
our roles. I ask them to join me in my shift, where we guard hundreds if not thousands of
inmates. And look at our facilities. Panahon pa ni kopong-kopong. It is outmoded. We are
doing our best to keep the prison peaceful. Dumidiskarte kami. We take actions outside the box.
As long as everything is quiet, these outside people do not complain, and they are okay with our
initiatives. But then when problem comes, they tell that our initiatives are wrong and blame us”
(Correctional Officer, M2).

Narratives from the inmates also show similar results. Inmates complain that due to
overcrowding, many inmates easily get sick and mentally imbalanced (may bumubulong bulong).
Inmates complain of the noise:

“It is always noisy. When you take your sleep in the night. You can't have a peaceful and restful
sleep. Especially if you do not have kubol. Those with kubol, they are privileged. They can sleep,
but most us, we are crowded. No peace of mind” (Ordinary inmate, M1).

The lack of space also induces “little conflicts” among inmates that could turn deadly. Lack of
space is a major source of conflict. An ordinary inmate recounts this incident:

“They should take pity on us. It is hard to live here. Especially if you do not have money.
People will step over you when you are sleeping. One time, an inmate accidentally splashed the
water he fetched to a sleeping inmate. The sleeping inmate thought it was done on purpose. He
got a knife and nearly killed him. Just like that” (Ordinary inmate, M2).

7
Prison volunteers echo the sentiment of prison officers and inmates. They noted that lack of
space hinders them from engaging into more rehabilitation activities. Here is a statement by a
long-time prison volunteer:

“Sometimes, due to lack of space, we have difficulty conducting our programs. We compete with
other NGOs for use of space. Sometimes, we are moved around. Other times, our program for a
day is cancelled. It hampers the continuity of the programs” (Prison volunteer, F1).

From these narratives, one can see the hardships faced by prison officers, inmates, and prison
volunteers as they deal with the issue of overcrowding. These lived experiences provide a
glimpse of daily challenges they need to overcome. Later on, we will see that these structural
conditions may induce some of the prison community members to engage in practices that are
unethical, illegal or violent just to get by. Prison overcrowding is understated problem that is
related to many different coping mechanisms and cultural scripts that justify different kinds of
bizarre behaviors in prison.

3.1.2. Experiencing lack of personnel

As prescribed in the BuCor Modernization Law, there should be one custodial guard for every 7
inmates and one rehabilitation officer for every 24 inmates. However, the current ratio of
personnel to inmate can range from 50 to 100 inmates for every custodial officer and 120 to 150
for every rehabilitation officer, depending on where they are assigned. Most prison officers
admit that this situation compromises their security. A prison officer from the Maximum
Security Compound in the NBP laments:

“We can be easily overpowered by the inmates. Look, it is also overcrowded and there are very
few of us. There are only 10 people in this shift right now, and we are guarding as many as
14,000 inmates” (Custodial officer, M3).

The security threat lingers to the minds of every custodial officer. Accordingly, this prompts
them to be always on the look out and not to slack off.

The lack of personnel also means they usually have tasks beyond their original job descriptions.
Although they are assigned as rehabilitation officers, for example, “they can be pulled from their
assignments and do some custodial work.” An officer has this to say:

“We are ‘all-around’ here. Sometimes I work as gatekeeper. But the training school also asks
for my help, and I teach in the training school. That is after my official duty, I still have another
duty. There are no additional payments for that. Just for the love of service, I am doing that”
(Custodial officer, M4).

Most officers concur to the notion that they are doing “a lot of extension work.” For example,
some medical officers help in the rehabilitation work, which is not part of their job description.
It is commonly reported that prison officers usually “go out on their way, do work beyond their
call of duty, just to keep their offices moving.” According to the prison officers, the lack of
personnel translates into job stress, as “they are sometimes held for work even during their free

8
time.” They may be asked to work during their breaks or off duties. Yet while they do these
additional duties beyond their job description and without additional pay, “their efforts are rarely
appreciated.” As custodial officer recounts:

“It was the birthday of my child, I promised to bring them to Jollibee. But then, we were told to
go to work. It was Saturday. That was my off. There are no extra pay because there are no over
time pays. But that is not my problem. My problem is my time off my family. This Bureau, it
takes everything from you. And the worst is when you work on a shift that is not yours and there
arises problems. Say escape of inmate. You will be charged for neglect of duty. Because you are
on duty, even if it is not your duty” (Correctional officer, M5).

The inadequacy of personnel eventually translates to the incapability of the BuCor to attract,
maintain, train and develop quality personnel. Accordingly, officers from the Information and
Technology Unit “cannot maintain their computer personnel as they usually transfer to other
more lucrative jobs.” As such, they reported difficulties in computerizing the inmate files, which
are key ingredients in the documentation of inmate progress. Medical officers, like nurses,
according to officers’ accounts, “use the BuCor to gain experience and then apply for better
paying jobs elsewhere when they acquired the necessary experience.” The high turnover of
personnel, in return, entails additional re-training expenses and disrupts the continuity of
programs. It also creates mismatches on personnel qualifications and job assignments as the
personnel are continually moved around (COA Report, 2005). On the other hand, it was reported
that “those who chose to stay are usually the ones who are attracted to the moneymaking
ventures that arose from the prisons’ informal and underground economy,” which will be
described later. A prison officer, who is about to leave the Bureau for a similar work in a
different government agency, has this to say:

“I love the Bureau. It love it because I grew in this Bureau. My father used to be an officer here.
And I would love to stay here longer. But man, I have a growing family. And two of my previous
staff, after having trained them, they are now doing very well. They are earning three to four
times my monthly income. And they work less. They tell me, bakit ka pa nagtitiyaga diyan. Why
are you suffering there. It is really hard but I have to make choices” (Correctional officer, M6).

The lack of personnel is not also lost to the inmates who suffer its consequences. Accordingly,
inmates suffer from poor or delayed service. As one inmate says:

“I had been requesting to be seen by a medical doctor. There are few doctors and there are
many sick inmates. And even when I am seen by the doctor, there are no available medicines…
sometimes, I am compelled to request to be seen a by doctor outside the compound. But then that
will take time. So many approval letters: from the doctor, to the superintendent, to the director.
And no one is monitoring the request. You need to personally follow up the request… there are
not enough personnel to meet the inmate needs” (Ordinary inmate, M3).

Many inmates concur to this observation. Accordingly, many inmates wanted to join educational
and rehabilitation programs but there are not enough personnel to implement it. The lack of
personnel sometimes translates into longer sentences for inmates. Here is a common
observation:

9
“There are inmates who could have been released because of the expiration of their sentence.
But due to lack of personnel following up the case, sometimes records personnel do not update
the case status… I don't know the reasons why. I only know that there are so few of them
working in the records and documents section” (Ordinary inmate, M4).

Prison volunteers who observe the conditions in the BuCor also lament the lack of personnel. A
longtime volunteer shares the following observation:

“You pity the rehabilitation officers. They are doing a lot. They work double or triple time. They
spend their own money. They talk to recalcitrant inmates. And then sometimes, they are the
objects of tsismis. Gossip. They are accused of keeping the money they generated for
rehabilitation programs to themselves. Sala sa init, sala sa lamig. Catch 22. If they do
something, they are damned, if they don’t, they are also damned” (Prison volunteer, F2).

These narratives highlight the significance of lack of personnel. It provides a glimpse of the lived
experiences faced by prison officers, inmates, and prison volunteers. It also shows the challenges
they need to overcome in a day-to-day basis. It shows that correctional officers can be viewed as
“victims” of their work environment. As a top-level officer of the BuCor mentioned during a
focus group discussion:

“We are like children playing in a dirty house. Of course, we get dirty. And then when we get
dirty, we are blamed of the dirt. But the father should be the one blamed. And the father is the
government” (Correctional officer, M7).

3.1.3. Experiencing lack of funding

Another complaint from the prison officers that characterizes the structural conditions of prisons
is the lack of funding. Custodial officers had long been requesting for CCTVs, firearms, and
other security equipment, and they lament, “it usually takes years before these requests could be
given them, if approved at all.” This lack of funding for security programming and equipment,
accordingly, “compromises their capability to provide a safe environment for the inmates.” The
officers cannot regularly monitor the activities of the inmates. “Once they are in their cells, we
don’t know what they are doing,” admits a custodial officer. Rehabilitation officers, on the other
hand, request for funds to finance spiritual, educational, livelihood, sports and behavior
modification programs. However, the rehabilitation officers report, “These budgetary needs are
seldom incorporated in the annual budget of the Bureau.” As such, the rehabilitation officers
make do with whatever resources they have. For example, the prison psychologists report that
they “had long been requesting for the purchase of a diagnostics tool for the proper classification
of inmates.” Since the requests were not yet approved, they “make do of the classification tools
that they can get from elsewhere.” They also transform any of the unused spaces, like vacant
lots, to conduct their educational and livelihood programs. Prison officers have to be “creative”
to generate income. For example, the correctional officer who complained about working extra
duties without pay also mentions the following:

10
“Just imagine this. I was able to confiscate drugs in an inmate cell. So I did the paper works to
file the appropriate charges. Now, I had to send the drugs to the NBI for certification that it was
indeed a drug. But I have to pay for my own transportation. I can request for gasoline but it will
take time. I requested money from the mayores of the inmate so I can send the drugs to the NBI.
That is how pathetic it is” (Correctional Officer, M5).

The lack of funding for programs forces the BuCor to rely to Non-Governmental Organizations
(NGOs), religious, and educational groups that offer services. These outside organizations
provide programs and material needs of the inmates such as food, clothing, and toiletries
(Gutierrez, 2012). The BuCor also relies on the visitors of the inmates for their day-to-day
sustenance. According to prison officials, “without the outside organizations and inmate visitors,
the BuCor as an institution would have collapsed.”

As one inmate mentions:

“Here in Bilibid, we have cost-sharing measures. We share in the payment of electricity. We

share in constructing buildings. We do not rely to the BuCor. The BuCor rely on us” (Inmate
leader, M5).

3.1.4. Summary of the structural conditions

In summary, the BuCor is characterized by structural deficits. Penal institutions are characterized
by overcrowding and lack of living space, lack of personnel, and lack of resources. The inmates
and personnel alike experience these structural limitations. Inmates are not only punished by the
deprivation of their liberty but they are also punished by the very conditions of their
confinement. Prison officers, on the other hand, are neglected by the nature of their working
conditions.

3.2. Organizational Characteristics

The workshop participants reluctantly but honestly admitted that these structural deficits
exacerbate inmates’ pain of imprisonment and compromise the correctional officers’ working
environment. The correctional officers are tasked with gargantuan responsibilities, that is, to
provide safe custody and to rehabilitate inmates, yet they are not provided with necessary
resources to achieve these responsibilities. As such, inmates and correctional officers developed
shared coping mechanisms to deal with pains of their imprisonment and deficiencies of their
work environment, respectively. Accordingly, correctional officers allow certain informal
practices to mitigate deficiencies of the correctional system. In due time, these coping
mechanisms become ingrained independent structures that complement, but at times contradict,
the formal structures of BuCor. Below are detailed explanations for these different coping
mechanisms.

3.2.1. Overcoming overcrowding, lack of facilities, and lack of space

Prison officials tacitly allow inmates to construct tarima (beds), kubol (private rooms) and kubo
(cottages) (Flores, 2011). They also allow inmates to engage in the construction of offices,

11
basketball courts, tennis courts, parks, church buildings and temples inside the penal compound
(Almasco, 2012; Gutierrez, 2012). Prison officials informally allow inmates to overcome
deficits of space and facilities as a remedy to prison overcrowding. These practices are usually
rationalized using a “humanitarian narrative.” It is common to hear rehabilitation officers to
justify a behavior this way:

“We pity the inmates who stay in overcrowded rooms, especially those inmates who are old and
sick, and since these inmates can build what the government failed to provide, why not allow
them to do it instead?” (Rehabilitation officer, M8).

Accordingly, this practice is a mechanism to maintain prisoners’ dignity (Torres, 2011). By

allowing inmates to construct their own kubol, they are shielded from the dehumanization of
sleeping in a cold damp floor. A rehabilitation officer suggests:

They are still people. Inmates are people. But we cannot treat them humanely, if we do not have
resources. So we allow them to build their own kubol. They are people; they deserve a dignified
place to sleep” (Rehabilitation officer, F3)

Other officers justify this practice on the grounds of “practicality.” For example, a custodial
officer suggested that this is a modified form of Build Operate and Transfer (BOT), where
inmates build the facilities, operate the facilities while they are in prison, and then transfer the
facilities to the Bureau upon their release. Other inmates can then use the facilities upon the
turnover to the Bureau. Due to this scheme, the officers argue, “that basketball courts, tennis
courts, mini-parks, religious temples, and other facilities are constructed.” Accordingly:

“It is a practical way to augment the very meager resources that we had. Admittedly, the Bureau
does not have resources, and these projects are volunteered. It is given on their own free will.
We did not force them. It is just practical, right?” (Custodial Officer, M9).

Other prison officers justify this practice as a way to “maximize prison space.” They argue
“there are spaces that are not utilized properly (nakatiwangwang lang).” Accordingly, “allowing
inmates to built structures from these unused spaces is a creative way to overcome governments’
lack of funding.” A top prison manager says:

“This is operating outside the box. If we don’t utilize all the resources under our arsenal, then it
is useless. For example, before, all these (pointing to the basketball court) were vacant spaces.
We had been repeatedly asking the government to provide us money to develop it. Nothing came
out of our repeated appeals. Here comes an inmate. He has lots of money. He promised to
donate money, contact his friends from the outside. What should we do? We did not ask for it.
Grasya na ang lumalapit. The only request of the inmate is to have a kubol outside the building.
That is okay with us” (Correctional Officer, 10).

This coping mechanism to a lack of space and overcrowding, through construction of kubol,
cottages, and other structures, is what media and casual observers usually see and highlight
(Malig, 2011; Yap, 2011). They see these as “aberrations” to avowed formal goal of punishing
the inmates. They highlight bizarre instances like inmates having “hotel-type” amenities in their

12
rooms. They complain loudly to the “soft treatment” of prisoners. What the media and casual
observers are remiss however is the fact that only few inmates have these types of amenities.
The media is silent to the fact that most inmates succumb to suffocation and tuberculosis due to
cell overcrowding. Destroying the kubol and cottages are short-term media gimmicks; inmates
and prison officers will continue to build them as long as the overcrowding and cell deficits
characterize structural condition of penal facilities.

As one inmate says:

“The media should not put their attention to the kubol. Those are only barong-barong. Small
rooms. The media should instead ask congress “Why they couldn’t provide for the basic housing
of inmates?” It is that simple. All of us would want to go back inside our cells if there is enough
space. But there is none. Then what do you do? That is basic survival… We cannot get inside
the cells because it is too full. Now those who do not have money are the ones who are in a
pitiful condition. The cell space will be even smaller for them. But what can we do. It is a fact of
life here. You need to find a way to have your own kubol. If you work hard and save, you can
have one eventually anyway. Just don't do drugs and gamble. If you lose, you might sell even
your kubol” (Inmate leader, M6).

3.2.2. Overcoming the lack of personnel

Prison officials informally utilize inmates for custodial, administrative, and rehabilitation
functions (see also Narag, 2005; Gutierrez, 2012). Inmate leaders are informally selected and
groomed, and these inmates are tacitly given custodial authority to supervise other inmates.
They assist prison guards in head-counting other inmates; they monitor the whereabouts of
inmates who go out of the cells; and in some instances, they hold the keys of specific cells.
Inmate-marshals assist in providing security to visitors and volunteers. Other inmates are
actively recruited in administrative functions like being a typist in the records sections. Inmates
are also tapped as teachers, church workers, sports officers, kitchen personnel, and other
functions to augment the rehabilitation programs (Gutierrez, 2012). In some cases, inmate
leaders and inmate gangs are utilized to control inmates charged with terrorism (Jones and
Morales, 2012). It is estimated by one long-time prison official that every personnel must have
at least 2 to 3 inmate trustees under their disposal to ease their workloads. As one custodial
officer mentions:

“This is a very unique set up. We fully utilize the inmates. We employ them as marshals. They
are the ones providing security to visitors and volunteers coming and going to the cells and
buildings. Of course, the ____ (a government agency) knows about this. When we have
meetings, ____ representatives talk to the mayores. So they knew that the mayores exists. They
do not formally approve that but they know their existence” (Custodial officer, M11).

Most officers rationalize the use of inmates as “augmentation force” on the grounds of
rehabilitation. They argue that utilizing inmates “instill in them the value of work, that by being
productive inside the prison compound, they still maintain their dignity.” As one rehabilitation
officer mentions:

13
“Most of our rehabilitation workers are inmates. They are a big help. And they take the
assignments seriously because they learn from the experience. For example, inmates who teach
in our Alternative Learning System (ALS) acquire teaching skills. They become even more
competent” (Rehabilitation officer, F4).

Other prison officials justify use of inmate labor in terms of resources that inmates bring. Prison
officers intimate that some inmates in prison are “intelligent, and their skills can be put into good
use.” Officers in the Reception and Diagnostic Center (RDC) justify their use of inmates as
“prison sociologist” and “prison psychologist” on the grounds that “the officers cannot perform
all of their functions without the help of the college educated inmates.” Other custodial officers
say that “idle inmates are more difficult to govern” and that giving inmates some positions
elevates them in the inmate social hierarchy, and thus “develop a sense of identity.” Accordingly,
this practice helps keep the peace (Gutierrez, 2012). A statement by an officer from the RDC
captures this sentiment:

“Some inmates are college- educated. They are good in computers. They can design software
programs. We have one inmate who taught in a (computer) University. We discovered his skills.
He has helped us design software that tracks the participation of inmates in our activities. His
software can also monitor inmates who have visitors. Just amazing talent that most us here do
not possess. If we ask an outsider to design the software, it will cost the Bureau much money…
Just imagine if he stays in his cell. His talents will be wasted. Of course, we know that
employing inmate in our record section is against the rules, so we have to do it informally. It
must be discreet. If people ask us, we will simply say he is an ordinary inmate, but among us, he
is our big helper. He has his own desk here. We simply have to assign an officer to watch over
his use of the computer” (Rehabilitation officer, F5).

Inmates provide a different take on the evolution of the mayores system. For them, the mayores
developed out of the void created by the lack of personnel. Here is narrative by an inmate leader:

The Bureau did not create the mayores system. Inmates created that. We selected our own
leaders, because if there are no structures in the cells, it is more chaotic. And in the end, we are
the ones who suffer the consequences. The guards do not even come to the cells. They do not
know what is happening in the cells unless we report. And so we took upon ourselves to put
order” (Inmate leader, M5).

Most inmates share this sentiment. For them, inmates are left to their own devices and so it is
incumbent on their part to provide order. The inmates are emphatic in their claim that mayores
system provides order in the cells. Another inmate leader has this to say:

It is chaotic here. There are many inmates who are unruly, undisciplined. So we took upon
ourselves the role to discipline our fellow inmates. For example, I myself conduct drug test, to
determine who among my cellmates are drug users so I can request for their immediate transfer.
If I don't do that, if other mayores don't do that, then there will many problems and conflicts.
Without us (mayores) this will be a hellhole (Inmate leader, M7).

14
To maintain order in the cells and brigades, the prison officers also tacitly allow inmates to
develop their own patakaran (rules) with its corresponding mechanisms to resolve conflict and
administer punishment for rule violators. The patakaran encourages inmates to respect the
prison officers, inmate leaders, visitors and volunteers. It encourages inmates to respect the
property of other inmates. It also prohibits inmates from messing with the wife or girlfriend of
other inmates. The custodial officers tacitly endorse the takal or corporal punishments for
recalcitrant inmates. Custodial officers also recognize the request of inmate leaders to transfer
inmates who are unruly in the cells. As one custodial officer recounts:

“The inmates have their own rules. We do not meddle with their affairs. We let them run their
own show. As long as it is within the acceptable limits. They know the limits. No killings. No
maimings. If that happens, then we have to intervene. But as long as they keep the peace inside
the cells, we let them have autonomy” (Custodial officer, M12).

The rehabilitation officials also encourage the inmates to come up with their own sports,
spiritual, and livelihood programs (Gutierrez, 2012). Prison officials openly support inmates
who become pastors of religious groups inside the prison. They also liberally allow the
formation of inmate associations that provide services to their fellow inmates. They even allow
inmates to register their associations to the Securities and Exchange Commission, giving these
groups legal identities to solicit funds for their fellow inmates. In addition, the prison officers
also rely on the help of Non-Governmental Organizations, educational and religious institutions
to augment rehabilitation programs. These NGOs and educational and religious groups, as long
as they follow the basic security requirements, like registering the names of their participants, are
given a free reign to administer programs inside the prison compound. A rehabilitation officer
has this to say:

The NGOs are a big help to us. They provide manpower and resources. Sometimes you have to
be careful because some NGOs abuse their privileges, but most of the time they are okay. They
provide a breath of fresh air. They infuse ideas in the prison. Without the NGOs, it would be
hard to introduce different activities” (Rehabilitation officer, M13).

Custodial and rehabilitation officers justify the use of inmate and NGO initiated-programming as
“alternative self-help mechanisms.” Since prison officials recognize the limitations of their own
Bureau, they justify and allow these initiatives as “mechanisms to fill-in the void.” Additionally,
the rehabilitation officers allow these practices since they gain from it: The inmate and NGO
projects are usually recorded as their own “achievements.” The tolerant approval of this inmate
and NGO initiated programming creates a festive atmosphere inside the prison compound.
Popular bands, TV and movie personalities, renowned religious pastors and other “big shots”
regularly visit the prisons. Basketball and other sports tournaments serve as recreation programs
that entertain inmates, visitors, volunteers, prison officials, and other curious observers.

The media, on their good spirits, also pick up on these “human-interest” stories. The media
would highlight the “inmate music concerts,” “the graduates of the Alternative Learning
programs,” the “inmate paintings and artistic projects” and portray these as common occurrences
inside the prisons. While describing these activities in patronizing terms, such as “its impact on
rehabilitation of the inmates,” they are remiss of the fact that only a few inmates participate in

15
these activities. Worse, as will be described later, some of these activities are not rehabilitative
in nature: they are offered without assessment to the needs of inmates participating in them, and
these programs are sometimes used by inmates and prison officers to advance moneymaking
interests. On the other hand, some media quarters can cherry pick on these “bizarre prison
practices” and portray them as mechanisms of inmates to re-create an entertainment-laden
community. These activities are then portrayed as examples of the “kid-gloves treatment” of
hardened criminals by the government.

3.2.3. Overcoming lack of funding

To deal with the deficits in basic necessities, the prison officials encourage the external support
from the visitors and volunteers. Family supporters and NGOs are allowed to bring food,
clothing, toiletries, medicines and other basic needs of the inmates. NGOs are also allowed to
conduct feeding programs and medical missions. Though formally stated as contraband, cash is
tacitly allowed in the prison compound. In the process, a talipapa (market) where inmates can
purchase foods, crafts, services, and other needs flourish (Gutierrez, 2012). With the free flow of
cash and services, prison inmates can come up with businesses inside the prison compound.
Inmates can raise a bakery, hamburger stalls, livelihood and crafts, and other income-generating
schemes. Accordingly, a few of the more enterprising inmates send money to meet the needs of
family members outside the prison (Gutierrez, 2012). Prison officials justify these practices as
“livelihood” programs for the inmates. Accordingly:

“It keeps inmates busy and they learn some business skills. There are many inmates here who
learn to put up a business and so when they are released, they know the mechanics. They
become hustlers. Make profits” (Custodial officer, 14).

Some prison officers believe that “the hustling skills of the inmates are harnessed inside the
prison, which prepares them for their eventual release.” The rehabilitation officers justify the
reliance on family members as “a way to keep inmates connected to their loved ones.” In this
way, inmates maintain their family connections. An officer confides:

“We simply allow family members and their friends to come. It is a lot of work. Sometimes, it is
abused. ‘Tilapia’ (prostitutes) from the outside come as friends and family members and they
provide sexual services for the inmates. That is why, we are strict. We introduce many
requirements before they can come in. Provide a notice, a letter of certification, etc. But we
don't deny inmates their family visitations. Except when they violate the rules, then we can
suspend it” (Custodial officer, M15).

The prison officials further justify that “by keeping the family members actively involved in the
upkeep of the inmates, they have a powerful tool over the inmates: they can suspend their
visiting privileges if inmates are engaged in infractions.” Again, here are some words from a
custodial officer:

“The inmates know that we can suspend the visitation privileges. Anytime. And so they toe the
line. They follow us. We let their visitors come so that they know what they will be missing. That
is how we keep the peace here” (Custodial officer, M15).

16
Another unique coping mechanism to the lack of funding is the development of the Very
Important Preso (VIP) system. In the VIP system, some inmates are given privileges like
ownership of a kubol in exchange of providing support to the cell and brigade needs. VIPs are
expected to contribute to cell and brigade expenses, like cell maintenance, medicines of sick
inmates, and contribution to “public relations (PR) expenses” to prison guards. There are
different categories of VIPs (ordinary VIP, bigtime VIP, Super bigtime VIP) and their
contributions vary as well. It is estimated that in the Maximum Security Compound, there are
around 20 to 50 super bigtime VIPS for every brigade. As custodial officer, who supports the
VIP system has this to say:

“We all know that the Bureau lacks funds. And so what do we do, we call the VIPs. They know
their roles. We use the money for operational expenses. For gasoline expenses, for example. It is
important that we keep them” (Custodial officer, M16).

Rehabilitation officers also recognize the importance of VIP inmates. These VIPs finance some
of their programs. A rehabilitation officer admits:

“There is nothing to be ashamed of. The VIPs know that the money we are soliciting them goes
back to the inmates. These VIPs want to be recognized of their contributions and so we
acknowledge them as our sponsors” (Rehabilitation officer, M17).

The inmates also provide a different explanation on why VIPs emerge. For the inmates, the
formation of the VIPs is a mechanism to help themselves. It is also based on the Filipino cultural
value of damayan (sharing) and bayanihan (community support). Here is an explanation by one
inmate leader:

“The VIP system is developed by the inmates. The Bureau did not introduce it. The mayores offer
a newly arrived inmate whether he likes to be a VIP. If he says yes, then he will be a VIP, as long
as he fulfills his role. He has to financially contribute to the needs of the cell and brigades. The
mayores will give him sleeping quarters, inmate servers, as long as he gives contributions and
takes good care of the wellbeing of his inmate-servers. Feed them for example. And when
inmates are sick, the mayores can run to the VIPs for assistance. We have to devise this to help
ourselves. It is a damayan and bayanihan” (Inmate leader, M5).

3.2.4. Summary of the coping mechanisms

These coping mechanisms are initially introduced as alternate structures to deal with the inmates’
pain of imprisonment and the staff’s deficiencies in work environment. These informal
mechanisms are palliative solutions to enduring problems. Due to lack of personnel, custodial
officers tacitly allow inmate leaders to supervise other inmates, giving rise to an intricate system
of mayores where inmates play a key role in shared governance, despite the prohibition from the
BuCor Manual on the delegation of custodial responsibilities to the inmates. To have order in
the cells and brigades, correctional officers tacitly allowed inmates to develop their own
patakaran (rules) with its corresponding mechanisms to resolve conflict and impose physical
punishments, even resulting to loss of lives and limbs, despite the BuCor Manual’s strict

17
prohibition on the use of inmate “kangaroo” courts. Due to the lack of sleeping and cell
facilities, inmates are informally allowed to construct their own tarima (beds), kubol (private
rooms) and kubo (cottages) despite the formal prohibitions from the BuCor Manual. Inmates are
also allowed to bring their own resources in the prison compound, like cash, appliances, and
other materials, thus creating a mechanism for private and commercialized properties to develop,
despite the formal designation of these materials as contrabands. The insufficient provisions of
basic necessities like food, clothing, medicines, and other needs, necessitated the external
support from the visitors and volunteers. In the process, a talipapa (market) where inmates can
buy foods, crafts, and other needs flourish, despite the BuCor Manual’s declarations that these
practices are prohibited.

This setup has some positive effects as it provides opportunities for reform-oriented inmates to
be engaged in educational, church, and sports activities, and thus expose them to pro-social
orientations. This setup also gives a venue where inmates maintain a spoiled-free self-concept
and shield them from the corrupting effects of surveillance-laden incarceration (Gutierrez, 2012).
This setup is also rooted to the Filipino culture of damayan and bayanihan.

3.3. Cultural characteristics

The alternative structures had become independent structures that co-existed with the official
organizational structures of the Bureau. A dual structure emerges that accommodate both the
formal and informal practices. According to the workshop participants, correctional officers and
inmates should be familiar with the interplay of the formal and informal mechanisms in order to
successfully navigate the dynamics of correctional management and prison life, respectively.
For example, while correctional officers recognize the presence of a Prison Manual that officially
prohibits these existing alternate informal structures; they also recognize the need to rely on
these alternate structures to perform their jobs. As such, correctional officers acknowledge the
discretion within their disposal as to when to utilize the formal or informal rules of prison
management. The lack of guidelines gives individual prison officers wide latitude on when to
invoke or when not to invoke the formal or the informal rule. While helpful in the short-run, the
coping mechanisms can have far-reaching negative implications to the administration of justice.
These coping mechanisms tend to create cultural scripts that can be utilized to normalize
different corrupt practices. Indeed, some prison officers and inmates had utilized these cultural
scripts to advance personal and monetary gains. The following section describes the mechanics
of this cultural trait.

3.3.1. Discretionary powers

Given the wide latitude on the use of either the formal and informal rules, prison officers
developed discretionary powers within their disposal. The lack of guidelines as to when to
invoke or not to invoke the formal or the informal rule gives prison officers significant powers
over inmates. A prison officer admits:

“This wide discretionary latitude can potentially translate to corrupt practices inside the prison.
No one knows and no one is accountable. For example, an inmate requested you to follow-up his
legal case and then, as an act of gratitude, gave you some cash. Will you accept it or not. Of

18
course, the answer is ‘NO,’ that is a form of bribery. But then you realize, when you follow-up
the case, you spend your personal money to visit the offices. It is okay if it happens only once.
But, what if there are many requests? You cannot shell out money for all of those requests. So
informally, it is your discretion to accept the money in recognition to your service… If I accept
the money, I can use the money to follow up other cases. So, it did not benefit me… By accepting
the money, I can support more inmates… Now, the problem is when this set up is abused. That
is, some officers demand payment even before the service” (Custodial officer, M18).

In local prison parlance, “these become considerations that are convertible to cash.” Prison
guards admit “they can utilize this arbitrary discretion to curry favors with selected inmates and
generate additional income.” According to custodial officers, “some favored inmates are given
access to the coping mechanisms, like owning a kubol, if they cough up the corresponding
amount.” As mentioned earlier, prison officers can utilize a humanitarian narrative to justify
their approval of inmate requests. A prison officer confides:

“The problem is some officers abuse their power. Take for example the electric connections. If
inmates request for electric connections, the SOP (Standard Operating Procedure) is you need to
give 50,000.00 pesos to an officer. Without that money, your request will never be given
attention. They will say it is against the rules. However, if the amount is there, they act quickly.
And they will say, it is for humanitarian considerations” (Custodial officer, M19).

3.3.2. Cynicism

The arbitrary “code switching” (Anderson, 1999) from the formal to informal rules translates
into discriminatory practices. Some moneyed inmates are provided access to a coping
mechanism, while other less-resourced inmates are not granted of similar requests. The
arbitrariness of the rules also becomes a major source of prison officer-to-inmate conflict. It
makes the inmates cynical of the narratives of the guards. They could not immediately figure
what can make a request be granted or denied. An inmate leader provides an example:

“Sometime you don't understand what they want. You provide formal letters of request, but they
sometimes don't act on it. Then you send feelers. Probably they need grease money. But even
then, sometimes, they still don’t give in. It is very unpredictable sometimes. Sometimes, you give
money and they accept, but don't act on it” (Inmate leaders, M8).

Lengthy conversations with inmates suggest that inmates devise different mechanisms to deal
with the prison officers’ discretionary powers. Accordingly, inmates can retaliate by “exposing
the behaviors of prison officers on the pretext that that these prison officers are unfair.” Inmates
use their connection to the outside world to leak some information of the “abuses” going inside
the prison. This practice is called “palundag.” An inmate provides an example:

“For example, we threatened to file administrative or criminal charges to a particular officer.

He keeps getting money from us, but he does not keep his side of the bargain. So we filed a case
against him. Now, he knew that we are serious. He straightened out” (Inmate leader, M7).

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Inmates can also overcome the discretionary power of the prison officers by finding other prison
officers, usually of a higher rank, who can override the decisions of an officer whom they were
at odds with. According to the informants, “inmates usually do this by providing the right
‘considerations,’ say by increasing the amount of bribe.” An inmate explains this mechanism in
this way:

“We already approach an officer. We already made an arrangement. Both legal and otherwise.
But then, suddenly he changed mind. Umayaw. He doesn't want to do it anymore. So we went to
the higher up. We made arrangement to the higher up. That is how you overcome the system”
(Inmate leader, M7).

The leniency practiced by the officers deepens the level of cynicism among their ranks. Upright
prison officers who use the formal rules to justify legitimate decisions are usually frustrated by
higher-ranking prison officers who override their decisions due to informal considerations that
these higher-ranking personnel had with inmates. These inconsistencies in the application of the
formal rules lower the morale of well-intentioned prison guards. Worse, well-intentioned prison
officers admit that “if they do not bend to the whims of other prison officers, they can be
administratively sanctioned, like transferred to other distant penal colonies, and they do not even
know the reasons behind the transfers.” During one of the focus group discussions, a custodial
officer shares this incident:

“So we were following the rule that all visitors must be sent home that night. No conjugal
visitations. But we check one inmate and found that his girlfriend is sleeping in the cell. We told
the inmate to send the visitor out. But the inmate said, he already had permission from a higher
up. And so we called the higher up. And indeed the higher up accordingly gave under-the-table
approval. The inmate is also trying to bribe us. But we did not relent. We drag the visitor out.
The following day, we were the ones called for disciplinary infraction. Kami pa ang mali”
(Custodial officer, M20).

3.3.3. Padrino system

According to the knowledgeable insiders, “it then pays that prison officers and inmates develop a
relationship that both can benefit.” In the process, a padrino-client (Scott, 1972) relationship
between guards and inmates develop. Inmates are forced to cultivate a personalistic relationship
(Hutchcroft, 1998) with prison guards in order to continually curry a favor. A prison guard also
develops a relationship with inmates to be assured of continued financial kickback and political
support. An inmate leader confides the following practice:

“Here are the request I got from the prison officers today. (Showing the text messages). One
prison guard says, ‘Kindly send me a cake, it is my daughter’s birthday.’ Another prison guard
requests, ‘Kindly send me gasoline, my family has an outing in Tagaytay. And still another
guard pleads, ‘Hope you won’t me mind again requesting, but I still need money to buy
medicines for my sick wife. She is undergoing Chemo” (Inmate leader, M9).

All these requests came in a one-hour span. Inmate leaders must thus be able to generate money
from other other inmates and to generate income from either licit or illicit business in order to

20
meet these demands and requests. In return, the inmates are assured of these officers support in
time of need. The same inmate leader recounts:

“All those who come to me for personal request, I am happy to oblige. That way, when I need
their help, I can count on them. For example, some of my cellmates get caught with contrabands
in their bodies. Nababagansya sila. Their cellphones are caught. When that happens, I go to the
guards and tell them, those are my people. And they return the item. When I request something,
for example, one of my members need to bring in a material in prison (like a TV set) then, I can
mobilize my friends in the offices” (Inmate leader, M9).

The padrino system strengthens the relationship of prison officers and inmates who are invested
in this setup. However, not all prison guards and inmates adhere to this style of prison
management. Many prison officers still cling to the formal structures and procedures of the
Bureau. As one prison officer says:

“I had been in the service for almost 40 years, but I can proudly say that I never received any
money from the inmates. Ni isang singkong-duling (Not even a penny)” (Administrative officer,
F6).

However, most officers admit that this “professional mentality” is losing out in the Bureau.
Officers who subscribe to professional ethics are on the defensive. Prison guards without a
support partner or kakampi continually find themselves threatened by other guards. This is even
worse for “upright” prison guards who do not involve themselves in the corrupt practices. These
upright prison citizens are considered pariahs in the prison community and branded as “walang
pakikisama” (do not know how to get along).

Inmates who despise the padrino system are also at a bind. If they don't give in to the request of
the prison guards and inmate leaders, then their hard-fought privileges can be taken from them.
As one inmate narrates:

“Sometimes you are annoyed by all the requests from the guards and even inmates. It is as if
they are expecting you to have private bank here in the prison and give them money every time
they need it. But you cannot do anything. If you deny their request (tablahin mo sila), you know
very well the consequences. They will make stories against you, and then you just find out, you
are already transferred to another cell or camp, or take away your kubol” (Inmate leader, M10).

For most inmates, joining gangs is the practical solution to be protected from abusive prison
guards and other predatory inmates (Castillo, 2012; Gutierrez, 2012). However, once inside the
gangs, their own gang leaders can prey upon inmates. Gang leaders, given the informal powers
accorded to them by the prison officials, act as pseudo-prison officials. In fact, gang leaders
have the power over the lives and limbs of their fellow inmates. Gang leaders can use these
powers to play favorites among the inmates: currying favors to selected inmates and denying
favors to inmates who do not toe their line. Like the prison officers, the gang leaders can convert
their powers to the generation of cash. For example, the gang leaders can decide who among the
inmates can have kubol, who has the right to operate a business, and who has access to other

21
privileges. For the lowly inmates therefore, learning how to cultivate personalistic relationships
with gang leaders, fellow inmates, and prison officers are keys to survival.

Prison officers also need to develop relationships with inmate gangs. Prison officers can serve as
the padrino to the gangs, or be a gang member themselves. As Tesoro, the former
superintendent of the NBP in his widely read blogs laments: “It is not unusual to discover that a
handful of prison guards would rather be recruited to the fold of gangs not necessarily to do its
bidding but out of survival.” They give what the gangs need in exchange of the gangs’ financial
and political support. Prison guards who are supported by inmate gangs are secured of a political
base: they cannot be easily sanctioned by their higher ups even when they are caught committing
a violation. They can use the gang’s political muscle to shield them from criminal and
administrative sanctions. Though gang membership is not full-proof protection from all
potential sanctions, it provides the prison officer-cum-gang member an initial base of support.
An inmate gang leader confides:

“Almost all the top officers here are under the gang’s payroll. It is a tradition here in the
Maximum. During their birthdays, all the gang leaders provide gifts. It is an SOP. They
(officers) don't ask. It is voluntary given” (Inmate leader, M7).

Additionally, prison officers must also ally themselves with other prison officers. They need to
join officers’ cliques based on family ties (kamag-anak system) in order to strengthen their own
local positions. The creation of a base of support is necessary to be protected from the whims
and caprices of people above the prison hierarchy and from the unnecessary demands of people
below the hierarchy. Since prison officers are insecure of their positions as any misstep can have
them transferred, suspended, or removed from the job, the gang and clique support can shield
them from the vagaries of prison life.

The prevalence of the padrino system makes the Bureau even more inefficient. It lowers the
morale of officials dutifully performing their functions. As one custodial officer laments:

“There are so many guards who do not go to work, but then you will see that they are not
officially recorded as absent. They are covered by their kamag-anak (family members who also
work in the Bureau). This could happen for a whole month. They receive a whole month salary
without even showing up. It is us who regularly come to work who suffers. But employees
tolerate it because it is their kamag-anak. This has to stop. You lose interest (nakakawalang
gana)” (Custodial officer, F7).

3.3.4. Inmate prisonization

Newly arrived inmates are “prisonized” (Clemmer, 1940) to the set up and they learn the
acceptable and unacceptable norms and behaviors in due time. They are told to learn the rules
(formal and informal) and know where to position themselves in the inmate structure. Marunong
kang lumugar (know your social location). Inmates who learn how to negotiate successfully
their way into the setup can become inmate leaders, and they may access privileges not given to
other inmates. Inmates who know how to utilize their resources, connections and skills can
slowly rise in the inmate hierarchy. Inmates can thus embark on a “career” while inside the

22
prisons where they can rise to the hierarchy of political and social space, if they learn how to
accumulate the correct political, social and cultural capital.

Inmates who are not up to the task or inmates who fail to grasp the “way of the prison”
(pangungulungan) can be perennially victimized by fellow inmates and corrupt prison guards.
Inmates who do not know how to adjust their pre-prison values (ugaling laya) will have a
difficult time navigating through the prison society. An inmate recounts:

“At first, I did not go out of the cell. I did not join activities. I studied the whole situation first. I
did not want to be dragged in any issues. Eventually, people learn about my character and they
trust me… You need to put yourself in the proper place. Follow the rules. Don’t be flashy. Don’t
seek attention. But don’t be a sissy. Know when and how to fight, if you need to fight at
all…”(Inmate leader, M11)

3.3.5. Summary of cultural characteristics

The structural deficits of the BuCor (lack of facilities, personnel, equipment, and resources),
coupled with the formation of informal coping practices (mayores, kubol, patakaran, VIP),
translated to the evolution of a unique prison culture. While in the short run, this setup has
benefits to the correctional officers in particular, and to the BuCor in general, in the long run, this
set up compromises the overall mandates of the Bureau of Corrections. This ingrained prison
culture, which is recognized by the correctional officers and inmates alike, provides the
foundation for both developmental and predatory relationship among inmates, inmate leaders,
and correctional officers. The wide discretionary latitude accorded to the correctional officers
translates to opportunities for both rehabilitation and corruption. Since inmates are utilized to
co-manage the cells and brigade, inmates are given the opportunities to develop leadership and
social skills that are helpful for their eventual release. Inmates are actively involved in self-
reformation activities, like mentoring of other inmates, providing them with mechanism to
maintain a positive self-concept while in prison. The presence of talipapa and other
moneymaking opportunities also train inmates to be entrepreneurial and anecdotal reports are
ripe with stories of inmates successfully starting their businesses upon release from prison. With
the power to generate income from their fellow inmates, inmate leaders are tasked to contribute
in prison operational expense, like paying the Bureau’s electric bills or providing gasoline for
correctional officers’ visit to other offices.

These rehabilitation potentials of the coping practices, however, come at a huge cost. Workshop
participants admitted that informal coping mechanisms are subject to abuse. In the local prison
parlance, the discretionary powers of correctional officers are “convertible to cash.” For
example, correctional officers can utilize their arbitrary discretion to curry favors with selected
inmates. Favored inmates are given access to alternative coping mechanisms (for example,
access to the use of kubol) if inmates cough up the right amount of bribes. In this scenario, the
correctional officers justify decisions based on the informal rules of the game. However, inmates
who are not at the good graces of a prison officer (tiryado) or are unwilling to give bribe money
are denied access to legitimate services. In this scenario, the correctional officers will utilize the
formal rules of the Prison Manual as basis for denial. The code-switching from the formal to
informal policies and rules is a key power of the prison officers over the inmates. These

23
inconsistencies in the application of the rules lower the morale of well-intentioned correctional
officers and heighten their cynicism.

In the process, a padrino-client relationship between correctional officers and inmates develop.
Inmates are forced to cultivate a personalistic relationship with correctional officers in order to
continually curry a favor. A correctional officer also develops a relationship with inmates to be
assured of continued financial kickback. Inmates and correctional officers without a support
group continually find themselves threatened by other inmates and other correctional officers.
As such, inmates form gangs to protect themselves against other inmates, but once in the gangs,
inmates are preyed upon by their own gang leaders. Correctional officers, on the other hand, can
serve as the padrino to the gangs, become gang members themselves, and to develop cliques
based on family ties (kamag-anak system) with other correctional officers in order to strengthen
their own local positions. The creation of a base of support is necessary to be protected from the
whims and caprices of people above the hierarchy and from the unnecessary demands of people
below the hierarchy.

As such, while a semblance of peace and order is maintained amidst the overcrowding and noise,
a deep-seated violence can erupt anytime. Other inmates can kill inmates if they do not follow
the informal rules. Inmates are continually cautioned to know when to invoke the formal and
informal rules in order to survive. And the correctional officers are insecure of their positions as
any misstep can have them transferred, suspended, or removed from the job.

The interplay of the formal and informal rules is reinforced in every transaction. Newly
recruited correctional officers, idealistic as they may be, are socialized to the ways of the prison,
and those who lack comprehension of its mechanics, or those who do not adhere to its unstated
rules are ostracized. Prison officers admit that they are in a bind: though they do not morally
agree with the practices inside the prisons, they are forced to adapt to it in order to survive. They
concur to the Filipino adage, “kung ano ang tugtog, yun ang sayaw” (dance to the tune of
music). As such, a morally upright prison guard may be forced to accept bribe just to keep
his/her lowly position.

Newly arrived inmates are prisonized to the set up and they learn the acceptable and
unacceptable behaviors in due time. Inmates who know how to negotiate successfully their way
into the setup can become inmate leaders, and they may access privileges not given to other
inmates.

As such, a very tangible prison culture structures the way of life in the prison community. This
culture is so pervasive that it penetrates every components of correctional management: from
classification of inmates, to their housing assignments, to the type of programs offered, and to
the quality of documentation and assessment. The BuCor is fragmented where the different
components of reformation, custody, and administration have become “independent republics”
that do not effectively communicate with each other. In return, stopgap and uncoordinated
programming activities becomes the norm. The following sections provide detailed descriptions
of how these emergent practices affect correctional management. Again, a succinct description
by Venjo Tesoro, a a long-time Superintendent of the NBP, lifted from his popular blog:

24
 Graft and corruption in BuCor is systemic. When a new prison leadership assumes
command and institutes a system through the numerous confidential staff he would bring
into the organization, that is where the real problem on graft and corruption begins. The
entire agency will be parceled according to territory. One will take charge of the
procurement, another with the dispensation of supply, while others will check on the list
of celebrity prisoners wanting any direct line for assistance or whatever arrangements to
be forged. There are those who would monitor if penal farms have surfeit in prison
products, while the rest are seeking any other contracts to be bilked for possible
considerations. Caterers, dealers and suppliers are oftentimes the target of these
personalities. And these characters, having been blessed as part or sinecures of the
leadership have powers over ordinary officers and they do not even have any official
mandate nor (are they) liable if anything unfortunate happens.

4. Implications to correctional management

Correctional literature suggests that inmate prison experiences can be alleviated through an
integrated programming, which starts from a successful classification system (Austin, 1986;
Bonta and Motiuk, 1992; Kane, 1986). In an ideal correctional system, inmates are classified
based on needs and behavioral risks. Upon successful classification of the inmates, a
corresponding individual program is designed. Individualized treatment program are ideal, as
inmates have differing needs and pose different levels of risks. Inmates undergo these
individualized treatment plans in housing locations that correspond to their levels of risk. As
such, housing assignment corresponds to the classification and type of programs inmates must
undergo to. Inmates’ performances are documented and assessed, and these pieces of
information are used to guide the reclassification and potential early release of inmates.

The BuCor officially subscribes to this idealized inmate programming. In fact, a Reception and
Diagnostic Center (RDC) currently exists, whose function is to classify and diagnose inmates. A
housing placement based on sentence length is also prescribed. The BuCor also offers a host of
educational, spiritual, livelihood, sports and other programs. However, due to limitations in
personnel, facilities, and funding that were identified earlier, an alternative system of
classification, housing placement, inmate programming, and assessment and documentation
arose.

4.1. Classification of inmates

Instead of classifying inmates based on needs and risks, the classification system of the inmates
is based on legal variables, such as length of sentence, presence of pending cases, and prior
history. Inmates are automatically classified as “Maximum” if the length of sentence is more
than 20 years and “Medium” if the length of sentence is 20 years and below. Inmates with
pending cases in a lower court or on appeal, and recidivists are also classified as “Maximum.”
Inmates who had served time and nearing the completion of their sentence can be reclassified as
“Minimum.”

Informal discussions with RDC officers suggest that they are trying their best to overcome some
of these limitations. They try their best to incorporate the needs of inmates in their classification

25
schemes. Despite limited number of personnel, they incorporate detailed information in their
diagnosis of the prisoners’ life. They also develop an “inmate reformation plan.” However, the
RDC employees lament the fact that despite their innovations, their findings of classification and
recommendations for inmate programming are never followed. They report that “while inmates
are properly oriented in the RDC during their 60-day reception, and fully introduced to the
Therapeutic Community modality, these gains are not followed through when inmates are sent to
the Medium or Maximum Security Compounds.” They also lament the fact that “inmates with
special needs, like the sickly and the elderly are seldom identified, and even when identified,
there are limited mechanisms and capacity to separate them from the general population.”
Additionally, the RDC officers also complain that “once inmates are transferred from RDC to
their respective housing units, there is no way they can monitor what had happened to inmates,
unless of course, these inmates are committed to prison again.” As one officer in the RDC
mentions:

“When inmates arrive in the RDC, we try our best to orient them. And we can see that they
listen to us. They are very courteous when they are here. But when they are transferred to the
Maximum or Medium, we later hear that they have changed. They are now the mayores or
tirador (warriors). We don’t know what happened to them. We just know that when they were
under us, they used to dutiful inmates” (RDC officer, F8)

Inmates confirm that indeed, the life in the RDC is unrelated to their life in the Maximum or
Medium. There is no continuity in programs. An inmate mentions:

“I actually liked my stay in the RDC. I was very active in the Therapeutic Community program.
I thought that will be the same program in the Maximum. But no, it is totally different. They even
erased my tattoo in the RDC, so I thought there will be no more gangs in the Maximum. But
when I came here, the gangs are very strong. So I become a gang member again” (Ordinary
inmate, M11).

4.2. Housing placement of inmates

As previously mentioned, the classification of inmates, by default, is solely based on the on legal
variables. Upon designation to a particular “security level” (Maximum, Medium, and Minimum),
inmates are placed based on gang affiliations. There are two approaches developed informally
through the years on how to deal with gangs: congregation or diffusion. There is no specific
guidance from the Prison Manual on this issue and prison officers in the different penal camps
had developed their own “traditions” on how to deal with gangs.

The Maximum Security Compound in the NBP follows the congregation practice. In this
practice, inmates of the same gangs are assigned to specific dorm cells (butas). Inmates who
have tattoos in their bodies that signify membership to a gang are automatically placed in their
specific gang cells. Bigger gangs occupy more dorm cells. In the Maximum, there are 12 active
gangs with varying number of inmate members. These gangs have cognitively marked territories
and properties, that is, there are some areas in the prison compound that are claimed by gangs
and are off-limits to non-gang members.

26
The Medium Security Compound in the NBP follows the diffusion practice. In this practice,
inmates can be accommodated in any dorm regardless of gang membership. As such, a dorm can
have inmates that come from different gangs. During daytime, however, gang members can
congregate in their pondohan (a territory claimed by the gang outside of the dorm) to conduct
activities.

This difference in housing policy has both strengths and weaknesses from the correctional
management point of view. In Maximum Security Compound, placing inmates with the same
gangs in a single dorm or brigade, coupled with erecting a wall that separates the gangs from
each other, reduce the risks of inter-gang conflicts. It minimizes occurrences of inter-gang riots.
However, correctional officers admit that “grouping inmates together makes them even more
united and they can easily influence the official policies of the BuCor.” They also admit that “it
makes gang leaders more powerful over their members, and the intra-gang conflicts are harder to
mediate.”

In the Medium Security Compound, placing inmates with different gangs in a cell lessens gang
unity and makes the inmates easier to control. By diffusing the members, prison officers report
“the control of the gang leaders over their members is somehow diffused.” However, the
officers admit “inter-gang conflicts can erupt more occasionally as gang members are frequently
exposed to the hassles of members from opposing gangs.” The congregation and diffusion
models are followed in different penal camps of the BuCor.

Aside from gang considerations, another factor in the determination of inmate housing is the
socio-economic status of inmates. Unaffiliated inmates (querna) are sometimes sold to the
different gangs through a “bidding process.” This practice is locally known as a bilihan ng
bagong commit. Inmates with resources are attractive to the gangs as they can be offered the
position of a gang VIP. “Buying a VIP” therefore is short-term cost with a long-term benefit. The
amount varies from inmate to inmate but super bigtime VIPs can cost to as much as 50,000.00
pesos. This money is usually partitioned among prison officers and can be utilized for
operational and personal purposes. Gang leaders recuperate their losses by charging the VIP
inmates once he is settled in the cell. As one inmate leader mentions:

“You cannot do anything. You need to compete. You have to be on the look out for VIPs.
Especially big time drug dealers. If you don't, then your brigade will be without resources’
(Inmate leader, M12).

Additionally, inmates with financial and cultural resources, that is, those inmates who know how
to negotiate successfully into the prison community, can arrange a better housing arrangement.
Aside from construction of kubol and cottages that were already described in the previous
section, inmates can also avail of better housing assignments. For example, inmates can avail of
“minimum” security assignments, where they stay out of the Maximum Security Compound and
be classified as “living out” inmates. Some inmates can also avail of better areas of the hospital
facility and be classified as “sickly” inmates. These informal housing assignments, accordingly,
“can be arranged if inmates know the proper strings to pull and people to approach.” Through the
presence of an active prison economy, inmates and prison officers privatized and
commercialized the allocation of precious and limited spaces.

27
As such, given the gang and socio-economic considerations, the housing placements designed by
the RDC officers are not followed. Inmates who deserve the most assistance due to need (sickly
and elderly) are not housed in facilities that have capability to support them. Inmates who pose
potential risks (violent, escape prone) and even terrorists are housed in the general population
and they, like all other inmates, can avail of the inmate created-amenities freely available inside
the prison compounds. Finally, housing placement had become a money-making opportunity for
some prison officers (see also Punay, 2011). As one officer laments:

“The housing placement is perverted. Some prison officers make money out of it. They compile
a list of inmates to be transferred in the penal farms in the guise of decongesting the NBP, but if
inmates pay the correct amount, they are off the list. Inmates without money and without
connections are in pitiful state. It is horrible. One inmate pays at least 500 pesos just to get off
the hook” (Custodial officer, M21).

The ordinary inmates support this sentiment. The problem of overcrowding is made worse by
the inequality of treatment in housing placement. An inmate says:

“This cell is good for 10 people, but now, there are more than a hundred of us here. But what
makes it worse is that three kubols of the mayores and VIPs occupy more that half of the cell. So
three people occupy 50 percent of the cell and the 100 inmates the other half. Crazy”(Ordinary
inmates, M13).

4.3. Inmate programming

The lack of proper classification of inmates and the attendant alternative-housing placement
through gang membership and economic status combine with the lack of funding for inmate
programming. As described earlier, the lack of funding forces the BuCor to rely on inmates,
NGOs, volunteers, and visitors for the development of prison programs.

The tolerant policies on inmate programming translate to the free-flowing and unmitigated
programs initiated by inmates and NGOs. This produces a plethora of uncoordinated, stand-
alone activities inside the prisons. These programs are tagged as “behavior modification,”
“spiritual,” “educational,” “livelihood,” “sports and recreation,” and “medical” programs. These
disparate programs are devoid of any holistic philosophy that ties the programs together.
“Rehabilitation” programs are offered to everyone, without proper diagnosis if these are
appropriate, with the assumption that programs are equally applicable to all inmates. Worse,
inmates can participate to these “reformation” programs for the wrong reasons. For example,
college educated inmates can enroll as “students” in “elementary school programs” just to avail
of free time that are given to students. An inmate leader, who is already proficient in computer,
for example, admits that:

“I enrolled in the basic computer literacy because this will be good for my GCTA record. I can
have time deducted” (Inmate leader, M9).

28
Program participation and completion to one program are also not related to other programs.
There are no progressions from one program to another. As such, inmates can choose to
participate in livelihood program (say crafts-making) as they deem necessary for years. An
inmate in livelihood program explains:

“This is the only available program. Sometimes, I already get bored working in this but this is
better than nothing. It would be good if there are openings in other programs soon but it hard to
enlist in those programs” (Ordinary inmate, M13).

Program participation and completion are also not related to improvements in housing status.
Inmates can still remain in Maximum Security Compound even if they had successfully
completed all the “behavioral modification programs.”

Transfer from the different housing units is not based on program completions but rather on
violations to the “rules of the prison” be it the formal or informal rules. As such, a Maximum
Security Compound inmate can be “punished” by transferring him to the Medium Security
Compound. Worse, inmates can be transferred to far-flung penal camps as a ploy to generate
income: inmates can pay prison officials to transfer other inmates whom they are at odds with.
As one inmate says:

“Inmates want to stay in the Maximum because here inmates have maximum privileges.
Everything is here: drugs, alcohol, tilapia (prostitutes), cellphone, recreation, and so when they
are transferred to Medium or Minimum, that is considered a punishment. They need to readjust
again” (Inmate leader, M14).

There is also a mismatch between the programs offered and housing status of inmates. For
example, most of the NGOs providing employment services visit the Maximum Security
Compound whose inmates are not yet due for release but seldom visit the Minimum Security
Compound whose inmates are nearing completion of sentences and are therefore in need of job
referrals. A prison officer from the Minimum Security Compound laments:

“All the benefits are in the Maximum. The Minimum is rarely visited. We are the forgotten
bunch” (Custodial officer, M22).

Since the disparate programs are initiated by different groups (that is, by a particular
rehabilitation office, by a volunteer group, or by an inmate organization, and a gang), an
unhealthy and acrimonious conflict among these groups ensues. These groups compete against
each other over participants, space, time, and resources. For example, a “sports program”
sponsored by the “Sports and Recreation Office” can conflict with the “Spiritual Office” over the
use of limited facilities. A “sports program” can also conflict with a “sports program” initiated
by a rival inmate group for “prestige.” This is exemplified by the quarrel among the different
religious groups:

When religious groups come here, they invite any inmates who are willing to participate. It is
the mayores sometimes who choose to participate in the programs. Sometimes inmates
participate in similar programs. In the morning they attend the Catholic groups, in the

29
afternoon, they attend Protestant groups, in the evening they attend other born again groups.
They sometimes get confused. And different groups try to convert each other’s members to their
sect. The Catholics complain that other groups poach their members. We always have to deal
with this type of conflicts” (Rehabilitation officer, F9).

The quarrel can also be between the employees and inmate leaders. For example, a mid-level
rehabilitation officer complains:

The gangs have so much power. They encroach to our territory. We have this partner, he is a
foreigner. He introduced a certain crafts-making business to the inmates in the maximum
security. He trained the inmates for a couple of months. He really invested a lot of money in the
training. And we thought it would a good livelihood project. We can help the inmates. But then
one day, the inmates whom he trained did not show up. Accordingly, the bosyo of their gang told
them not to show up. The bosyo demanded that they get 30 percent of the profits. The bosyo said
that since, they were using the gang’s facility, then they should have 30 percent of the profits. I
was shocked and dismayed. We cannot do anything. So we just transferred our operations in the
medium security…that is really sad” (Rehabilitation officer, M23).

Rehabilitation programs are also “politicized” activities. Programs are initiated by particular
groups to strengthen their political position in the prison society. Since the capacity to organize
and deliver inmate programming adds to the prestige of groups sponsoring them, lining up of
numerous activities solidify their power. This power can then be utilized to effect policies in the
penal facility. For example, after a successful conduct of a particular activity, say a sports
program, the sponsoring group gains political points, and these points can be utilized to affect
succeeding policies, like appointment of rehabilitation officers. Finally, the lack of coordination
between reformation and security officers make the rehabilitation programs a potential tool or
front to cover some illegal activities or practices inside the prisons. Drug dealers, for example,
can create fake inmate NGOs as conduits to smuggle drugs inside the prisons.

As such, there are no coherent programs in supervising and controlling inmates. The “Maximum
Security Compound” is a misnomer as inmates in this facility can freely roam around the
premises from sunrise to sunset. It is the least secured of the three inmate compounds in the
NBP. On the other hand, the Minimum Security Compound had been in a lockdown status due
to the recent escapes by inmates, thus making it the most secure compound. Worse, some
officers wanted to be assigned to the Maximum Security Compound due to the profit-making
opportunities it offers. One officer confides:

“There are some officers here who will do everything in their powers to be assigned to the
Maximum. Because, in Maximum, inmates have money. Sometimes, I see prison officers who
are about to give birth and should have taken a maternity leave go to work because just showing
up to work gives them a chance to get something from the inmates (Rehabilitation officer, F10).

The concentration of moneyed inmates in the Maximum is a source of envy for those assigned in
the Medium and Minimum. The Medium and the Minimum are considered “dessert” and “dry”.
One officer, who is against this practice, laments:

30
Sometimes, it is hard to believe, we have gotten this low. I even see top officers debating
whether an inmate needs to be transferred to another compound or to another penal facility so
that those compounds or penal facilities can also share from the benefits. Maambunan naman ng
grasya. They need a big time drug lord in so and so camp so that they can also extract resources
from those inmates. They plan their activities based on the corruption opportunities it will bring
(Custodial officer, M24).

The lack of integrated programming activities for inmates, coupled with the absence of effective
classification and housing heighten the criminogenic influences of the prison environment. For
example, inmates with drug cases mingle with inmates with kidnapping cases, and anecdotal
accounts suggest that these inmates combine resources to stage drug dealing activities inside and
outside of the prison compound. An inmate leader says:

They meet here. They become good friends. KFR groups have the manpower. Drug groups have
the goods. They build on each other’s strength. That is why, you hear former inmates with KFR
cases, when they get released, you read from the news, they entered in new ventures (Inmate
leader, M5).

4.4. Documentation and Assessment

Prior to the summer of 2013, officers admitted that there were no systematic ways of
documenting and assessing inmate activities. While rehabilitation officers note participation in
prison program activities, these are not systematically incorporated to the inmate files. As such,
inmates who wish to avail of Good Conduct Time Allowance (GCTA) for good behavior to
support their application for Parole and other forms of early release have to rely on the personal
“memory” of rehabilitation and security officers. As one officer says,

“One inmate came to me and asked me to certify his participation in religious program that
happened 5 years ago. I looked for my records and I cannot find it. But I remember he did
actually participate so I obliged. He is very happy I remember because he can’t locate his old
certification. That is why, I recommended that we should always provide a copy to the
documents section” (Rehabilitation officer, M25).

Inmate infractions and other violations of prison rules were also not routinely collected and
documented. While custodial officers make an official report to any disciplinary infractions,
these are also not systematically incorporated to the inmate files. A cursory look at the inmate
carpeta (physical documents of the inmates) would show that prison officers would not know the
performance of inmates under their care. An officer notes:

“If you read an inmate file, there is only information about the case. But you cannot read
anything about his institutional history. If he had been into fights or used drugs or any
violations. If you look at the files, our inmates are all clean” (Records officer, F11).

The absence of systematic documentation translates in absence of data that can guide policy
decision that are based on empirical evidence. For example, it is difficult to determine which
gang is most involved in drug trade or violence or which NGO groups are responsible for most

31
infractions. Basic questions as to how many inmates have been disciplined in the past year will
be difficult to verify as officers have differing definitions of punishment. The responses to these
questions are also based on individual experiences and loyalties of the prison officers. A prison
officer attached to a particular gang, for example, would never consider that gang problematic
and would view other gangs as the problem even if the data shows otherwise.

In extreme cases, the computation of inmates’ “Good Behavior” is easily convertible to cash as
this practice becomes discretionary. Some prison officers can vouch for the inmates even if those
inmates are notorious in their drug involvement. An inmate complains:

“The important thing is pakikisama. How you get along with the officers. As long as you give
what they want, then you are okay. So many inmates can still be given good certification even if
they deal drugs here” (Inmate leader, M5).

It is also susceptible to the manipulation of powerful politician who practice their political power
the wrong way. As one officer says:

You would wonder why an inmate had been released. That inmate has a long sentence. Then you
realize that he is well connected. He has connections even up until the Office of the President.
He was released on parole. Heck, other inmates are more deserving of parole. And I don’t
know where the certification of good behavior came from. I only knew he lorded over the
inmates and intimidated the guards here and violated all our rules. But he was released on good
behavior. That is penal management to you, Munti style. Justice for sale” (Rehabilitation officer,
F12).

The absence of documentation and assessment also means that there are no bases for re-
classification of inmates. Most inmates are therefore released directly from the Maximum
Security Compound as inmates had never progressed from one housing security level to another.
And if inmates are transferred to Medium or Minimum, it is because transfer to these lower
security camps is conceived as a punishment. Worse, the re-classification of inmates is a major
source of corruption. An informal discussion between an inmate leader and a prison official
yields the following:

“I saw the list of inmates to be transferred, I wonder why the names of my people are there. It
cost me a lot to remove their names from the list” (Inmate leader, M7).

The officer replies:

“You know, it is June. It is payment of tuition fees of their children. They have to do something.
Make a list and those who wanted to get off the hook just pays. It is easy money” (Prison officer,
M26).

4.5. Summary of the current conditions

Taken all together, the current Bureau of Corrections lacks an overall correctional strategy. The
different offices and divisions are fractured and they seemingly operate independently.

32
Management of the prisons is on day-to-day basis and geared towards the control of scandal
breaking out to the media. Thus, the Bureau of Corrections is a continual source of dismay to the
National Government. Media coverage of ineptitude and corruption of prison guards put the
government in a bad light. Drug wars among inmates can escalate in the outside. Inmates can
bribe their way out. And though the gangs and the guards maintain a semblance of peace and
order, conflicts and violence are hidden in the cells and can erupt anytime. In extreme cases,
prison guards who double-cross inmates are murdered. Inmates who do not follow the prison
code or violate its rules are also killed. Prison officers and inmates are thus victims of the
system and victimizers of each other at the same time. And almost everyone is cynical of
reforms.

5. The total reform package

There had been numerous but disparate efforts to reform the Bureau of Corrections. Individual
erring officers had been removed or suspended from the service and inmates involved in the drug
trade had been transported to distant penal colonies. However, these individual level reform
efforts had limited success as other correctional officers and other inmate drug dealers
immediately occupy the vacated positions. There are also current efforts to regularize the prison
services. Recent reforms include articulating and delineating the procedures and standards to be
followed in each department. However, given the current structural limitations of the Bureau,
these idealized procedures and correctional standards are hard to meet. Finally, a series of
trainings to change the prison culture of officers had been introduced. The officers are trained in
anti-corruption practices. However, these cultural trainings are not sustained and prison officers
who follow the tenets from the trainings complain that they are the ones being ostracized. As
such, the systemic corruption in the Bureau of Corrections is so ingrained that a patch-up,
disparate solutions are not enough.

The passage of the Modernization Law is thus a timely development and fits well the overall
visions of the National Government to achieve peace and order and a society based on the rule of
law. The Modernization Law requires a total reform package that addresses key areas of reform:
the structural (lack of facilities, personnel, and resources), organizational (operational manual,
personnel development, and capacity building), and cultural (corruption, padrino, non-
professionalism). A holistic package that addresses these three areas simultaneously are
necessary as change in one component may not be enough without corresponding changes in
other components. A new prison system should also incorporate Filipino traditional values that
can be harnessed towards effective prison management. The idea of a 2,000-inmate population
Regional Prison is introduced.

5.1. Structural change

5.1.1. Facility development

The BuCor Modernization law mandates upgrading of prison facilities and pouring of additional
resources. A physical inspection of the overall status of prison facilities must be conducted to
identify facilities in need of immediate improvements. Prison facilities must be rated of actual
capacities and facilities that are in excess of the current inmate population must be identified. An

33
inmate-population limit must be stated for every penal facility. A program for facility
development in the identified prison camps needs to be in place.

New Regional Prisons must be constructed for Northern, Central, and Southern Luzon and the
existing Regional Prisons in the Visayas and Mindanao must be strengthened. The New Bilibid
Prison (NBP), with its 22,000-inmate population, is one of the few remaining mega-prisons in
the world. A prison facility with such a huge population, as had been documented, is conducive
to the development of criminogenic practices and corruption. Prison literature suggests that
excess in prison populations relative to capacity is related to increases in violence and other
disturbances (Farrington and Nuttall, 1980; Gaes and McGuire, 1985). The current plan to
relocate the NBP must consider breaking up this gargantuan inmate population and construct
multiple Regional Prisons. Prison literature suggests that prisons with inmate populations of
more than 2,000 inmates are hard to control and manage, even if the facilities and personnel
capacity are upgraded (Eklan-Olson, 1986; Griffin and Hepburn, 2013; Johnsen, Granheim and
Helgesen, 2011; HM Inspectorate of Prison, 2009). Specifically, this report advocates for the
construction of multiple Regional Prisons with an inmate population size ranging from 1,000 to
2,000 inmates for each of the administrative regions in the Philippines. The prison population
size will depend on the actual number of inmate population coming from each region.

Construction of multiple Regional Prisons is favorable to the Bureau of Jail Management and
Penology (BJMP), as it would lessen their cost to transfer convicted inmates. A Regional Prison
in Region 1, for example, can cater to inmates coming from the BJMP and provincial jails
located in that geographical area. Constructing regional prisons would also increase accessibility
of the inmates to family visitations, which is a key ingredient in successful reintegration.
Finally, regionalizing the prison can lessen the regional tensions among the inmates, which has
been the basis of gang formation in the NBP.

Construction of Regional Prisons can be done in an incremental evidence-based approach. A

model Regional Prison can be first constructed in a Region willing to host the new Regional
Prison. Upon construction, a new set of prison officers who are trained in the new methods of
correctional management will be deployed. Ideally, these new set of prison officers must be
recruited and trained specifically for this purpose. Prison officers from the existing penal
facilities may apply to the position but will be required to undergo extensive training as the new
recruits. This is imperative so that old penal practices that are so ingrained in the mentality of
current prison personnel will not be transferred to the new Regional Prison. Newly sentenced
inmates who come from the regional area will be placed in this model Regional Prison. Inmates
currently serving time in other penal facilities but who originally resided from the geographical
area may request for transfer. Prior to the transfer, however, inmates need to be oriented to the
regulations of the Regional Prison. Prior gang affiliations, for example, needs to be addressed.
Again, these are important in order not to contaminate the new Regional Prison with the old
penal practices.

The Model Regional Prison shall be the template for constructing additional Regional Prisons.
The physical structures of the buildings, inmate programming, and the operational processes will
be assessed and will become a template for the construction and operation of additional Regional
Prisons. It is envisioned that two Regional Prisons will be constructed in three-year cycles, up

34
until the time that Regional Prisons are constructed in every Region. This will provide the
BuCor with ample time to train personnel and learn from their previous experiences.

5.1.2. Personnel Strength

The BuCor modernization law also mandates the upgrading of personnel. The number of
personnel should be increased and meet the standard personnel of inmate-guard ratio. Given the
ideal custodial ratio of 1 is to 7 and rehabilitation ratio of 1 is to 24, there should be at least 7,500
personnel in the BuCor catering to 40,000 inmates. As such, at least 5,000 personnel need to be
recruited to meet the ideal.

The remuneration of the correctional staff should be made at par with other similar agencies in
order to attract and retain the best professionals. This is mandated by the Modernization Law and
needs to be implemented as soon as possible.

In a 2,000-inmate population Model Regional Prison, at least 370 personnel (286 custodial and
83 rehabilitation officers) need to be recruited and trained. These new personnel must be
thoroughly trained on the principles of effective correctional management. As mentioned earlier,
these personnel must be totally weaned from the old penal practices.

5.1.3. Resource provisions

The Modernization law mandates improvement in the operational capacity of the BuCor. These
include increases in the subsistence cost for inmate food, clothing, medicines, and other needs.
Provision for operational expenses also needs to be increased. This includes increases in the
budget for the day-to-day operations of the Bureau.

In a 2,000-inmate population Regional Prison, the operational costs for running a prison is better
estimated. That is, the corresponding budget for food, medicines, personnel expenses, and
operational cost can be traced to the number of inmates in a prison facility. The expenditures in
a population-capped prison can thus be properly accounted.

5.2. Organizational change

5.2.1. Operational manual

Improving the structures of the penal facility is the first necessary step in a holistic reform
package. However, this needs to be complemented by improvements in organizational capacity.
This can be done by articulating the goals of the Bureau and by delineating the processes to
achieve these goals. The BuCor needs to formally state its policies regarding the conduct of
personnel, inmates, visitors, and volunteer-service providers. A Correctional Personnel Manual
must delineate policies on personnel recruitment, training, promotion and development. A
Correctional Personnel Manual must also delineate policies on staff discipline. A Correctional
Inmate Manual must designate a policy for classification of inmates, housing placement,
participation in inmate programming, and inmate discipline. This includes policies on inmate
transfers, awarding of Good Conduct Time Allowance (GCTA), and participation in

35
programming. A Correctional Service Provider Manual must delineate policies for the
recognition and partnership with service providers. This will include delineation of their roles
and obligations and the bases for termination of their recognition. A Correctional Visitation
Manual must also promulgate specific rules for the conduct of visiting privileges, the roles and
obligations of visitors, time for visitation and who can visit an inmate.

Given the current structural limitations and the time needed to realize the construction of ideal
prisons, the BuCor Manual must, in the interim, officially recognize the presence of informal
practices, like use of inmate nanunungkulan (leaders), kubol (cubicle), patakaran (rules) and
talipapa (market). This research had shown that if used in the “proper” way, these coping
structures augment the lack of manpower, facilities and programs. It provides inmates a social
space to protect their self-identities, and to develop social skills, which are key for their
successful reintegration to the society. These coping mechanisms are also uniquely tied to the
Filipino collectivist culture of damayan (sharing) and bayanihan (community living).

By fully incorporating a guiding policy on these informal structures, the prison officers can
direct its use for rehabilitative purposes. For example, prison officers can set the criteria for
selection of inmate leaders, conduct inmate leaders training programs, and formalize dialogue
with inmate leaders. Additionally, by formalizing the informal rules, the wide discretionary
powers of the correctional officers and inmate leaders can be curbed. This lessens the
opportunity for corruption and abuse of power.

Also, the awarding of informal privileges can be tied to good behavior. Meritorious criteria can
be developed to guide the awarding of the privileges attendant in the nanungkulan, kubol and
talipapa system. With the passage of the Law on Good Conduct Time Allowance (GCTA),
inmates who participated and completed the rehabilitation programs and are supportive of the
formal and official goals of the Bureau (reformation) can be meritoriously awarded these
privileges. This should replace the commercialized and politicized allocation of limited
commodities.

In model Regional Prisons where facilities, personnel and operational resources are fully
provided, there will be no need to rely on mayores, VIPs, kubol, patakaran, talipapa, pangkat,
and other informal structures. In the Model Regional Prisons, all policies will be formalized and
an integrated inmate programming based on the principles of effective correctional management
will be in place. This will be discussed in the succeeding sections.

5.2.2. Personnel development

A modern training school must be constructed. A training school needs to be created to

professionalize the prison service and to improve personnel quality. The training school must be
given resources to beef up its recruitment capacity. The training school must have the capacity
to train at least 200 new personnel and retrain at least 100 current personnel every year.
Retraining is a mechanism to increase the technical expertise of the current personnel. The
trainors must be given single and full-time assignments to the training school. The trainors must
have advanced degrees and experiences in effective penal management.

36
5.2.3. Organizational capacity

Personnel must be knowledgeable on the principles of modern correctional management. Most

of the current officers do not have a background on issues of inmate security and rehabilitation.
Most officers learn of the old penal practices and replicate these practices in their work. In
cooperation with a local university, it is suggested that all the current officers must undergo
training on the principles of modern correctional management. A certificate course can be
offered to selected personnel of the BuCor, the Bureau of Jail Management and Penology
(BJMP), and the Parole and Probation Office (PPA) to sensitize these agencies on the principles
of effective correctional management. It is suggested that, in the next 10 years, at least 10 prison
officers will be sent abroad for a two-year graduate study. This mechanism will expose the
officers on the best and promising practices in other countries.

Exchange program with the BJMP and Provincial Jails can be instituted so that best practices
from the local jail facilities can be adapted. A Correctional Standard shared by BJMP and the
BuCor can be developed so that their practices can be integrated. For example, the classification
system of BJMP and BuCor must jibe, and the rehabilitation programs undertaken by the inmates
in the BJMP jails must have some continuity when they are transferred to BuCor prisons. A
Correctional Journal can be jointly published by the BuCor and the BJMP, with the support of
Universities offering Criminology programs, where best practices are shared, adopted and
evaluated.

5.3. Cultural change

While structural and organizational change are key components of reform, the culture of
corruption, padrino system, kamag-anak and other ingrained practices in the Bureau of
Corrections need to be addressed as well. Improving the facilities and improving the basic pay
of the staff, as mandated in the Modernization Law, will be a start in the right direction.
However, these must be complemented with a cultural change.

5.3.1. Code of ethics

A code of ethics must be promulgated to guide the conduct of prison officers. All prison officers
must be regularly sensitized to the code of ethics. Online and face-to-face trainings must be
regularly conducted. New cultural scripts must be introduced to the personnel that will
overcome ingrained cognitive views that justify corruption. For example, “okay lang na
tumanggap ng pera mula sa inmate hangga’t kusang ibinibigay” must be changed to
“Kailanman ay hindi okay tumanggap ng anuman mula sa inmate.” These new cultural scripts
must be introduced in the training academy and continually reinforced in the different penal
institutions.

5.3.2. Professional development

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The BuCor must also institute a professional development program where personnel are
regularly sent every three years to the training school for Advance Schooling. All personnel
aspiring for promotions must also pass accreditation and/or qualifying exams. Criteria and
procedures for promotions must be properly delineated. These practices can lay the foundation
for developing a culture based on merit and will eliminate the padrino and palakasan
(favoritism) in the promotions. Relatedly, the informal practice of recruiting new personnel from
among the ranks of the relatives of the current prison officials (known as the next of kin
selections) must be discontinued. This can help eliminate the padrino and kamag-anak system.

6. An integrated correctional programming in a modern BuCor

If the structural, organizational, and cultural deficits of the BuCor are addressed, an enabling
environment can be put in place to support the rehabilitation and reintegration of the inmates as
productive citizens upon release. An integrated programming based on the principles of
effective correctional management can be introduced. The ideal programming is spelled out in a
modern 2,000-inmate population Regional Prison.

6.1. Classification of inmates and the Reception and Diagnostic Center

Current correctional literature suggests that proper classification of inmates is the first step in
safe custody, successful rehabilitation and reintegration of inmates. Inmates must be classified
based on principles of Risk, Needs, and Responsivity (RNR) (Andrews, Bonta and Wormith,
(2006). The Risk principle suggests that the amount of supervision and control accorded to
inmates will be based on their risk levels, that is, high-risk inmates need more programming
supervision and control, and low risk inmates need less programming supervision and control.
The Needs principle suggests that the factors that led inmates to criminal behavior must be
properly and fully diagnosed. The Needs principle assumes that there are different pathways on
why individuals commit a crime and these pathways must be fully identified. Upon
identification, an intervention program for inmate will be introduced that will address the
specific factors that lead to criminal behavior. For example, inmates who maintain criminal
thinking (that is, endorse a criminal and illegal behavior) must be provided with intervention
programs that target to change their criminal cognition. The Responsivity principle suggests that
inmates respond differently to programs and that programs must be specifically tailored to their
capacity to respond. For example, correctional literature suggests that inmates with mental
disabilities are less likely to respond to cognitive restructuring but respond more effectively in
behavioral therapy.

The RNR principle will be put in lieu of the sentence-based classification. As previously
mentioned, the BuCor currently utilize length of sentence as the sole basis for classifying
inmates. A classification and assessment instrument will be constructed based on the RNR
principles. This instrument will be regularly updated based on its capacity to predict inmate
behavior.

The classification of inmates will be conducted in a Reception and Diagnostic Center (RDC). In
the modern corrections, a Regional Prison of 2,000 inmates shall have a fully staffed RDC. The
RDC is the point of entry of the inmates in the correctional facilities. Inmates stay in the RDC

38
for a maximum 60 days. Ideally, at most 10 percent of the inmate population (200 inmates) will
be housed in the RDC for a particular point in time.

Based on this classification, the RDC staff, in consultation with the inmate, will develop an
Individualized Rehabilitation Plan. The Individualized Rehabilitation Plan will guide the
inmates on what rehabilitation modules to undertake while serving their sentences. The Inmate
Rehabilitation Plan will also specify the Length of Housing Placement for each inmate as they
progress through their sentences.

In line with the provisions of the Good Conduct Time Allowance (GCTA) Law, the RDC staff
will also discuss to inmates the different ways in which he or she can be credited with Good
Conduct Time Allowance. A key activity in the RDC is the simulation how good behavior and
participation in rehabilitation programs will translate to early release. This will impress to
inmates that their release will all depend in their own performance.

Thus, while in the RDC, inmates will be properly oriented on desirable inmate behaviors.
Inmates will be oriented on prison rules and regulation. A Correctional Inmate Manual will be
provided to each inmate. The Correctional Inmate Manual spells out the dos and don’ts inside
the prisons. The Correctional Inmate Manual will also spell out the penalties that will be
assessed to the inmates if they violate any of the rules and regulations. The Correctional Inmate
Manual will spell out the disciplinary process and the rights of the inmates in the disciplinary
process.

In line with effective record keeping practices, basic information will be gathered from the
inmates. This includes gathering of demographic information, biometric information, case
information, criminal history, and life history of the inmates. The RDC will maintain a
computerized database of inmate information. All documents pertaining to the inmates will have
an electronic version (case decisions, certification of detention, certification of good moral
character, etc.) These information must be systematically linked to the Records and Document
section database.

The re-structured RDC must be staffed with competent personnel. Masters level psychologists,
social workers, criminologists, and sociologists must be immediately hired to increase technical
capacities of the staff. Computer programmers must also be hired to systematize the data
collected in the RDC.

6.2. Housing placement

The housing assignment is an integral part of inmate programming. In a 2,000-inmate

population prison, there shall be three housing security levels (Level III, II and I). These levels
will have varying levels of control, inmate movement, programs, and privileges. Special housing
will be designated for inmates with special needs.

In each of the housing levels, inmates can be grouped together in dormitories, wings within
dormitories, or cells within wings, where they can be part of dormitory, wing or cell-based

39
programs. This setup is in recognition of the communitarian nature of Filipino inmates where
they tend to create small communities.

6.2.1. Level III housing

Level III housing is designed for inmates with higher levels of risk and needs. The level of
control on inmate activities will be restrictive. Intensive surveillance will be in place. Inmates
will have a restricted movement and privileges will be minimal. Inmate programs are geared
towards cognitive change like psychotherapy, counseling, and substance detoxification. It is
ideal that in a 2,000-inmate prison population, not more 15% of the inmates (350) will be
classified in this category. The number of inmates per cell in this housing unit should NOT
exceed two inmates (double celling). Custodial officers assigned in this housing level are
expected to have training in handling high-risk inmates. Rehabilitation officers assigned in this
housing level should have training on individual counseling and cognitive therapies.

6.2.2. Level II housing

Level II housing is designed for inmates with moderate levels of risk and needs. The level of
control on inmate activities is less restrictive compared to Level III inmates. Moderate
surveillance is in place. Inmates are freer to move around and have more privileges compared to
Level III inmates. Inmate programs are more geared towards social equipping like livelihood,
education, and prison industries. In a 2,000-inmate prison population, it is ideal that 50% of the
inmates (1,000) will be classified under this category. The cell arrangement can be multi-
occupancy where 6 to 8 inmates can form a basic unit. Programs can be implemented in the
cells. Custodial officers assigned in this housing unit are expected to serve as role models for the
inmates. Rehabilitation officers must be knowledgeable in implementing group programs like
community therapies and faith-based programs. Inmates with good behavior can be recruited as
“Peer Mentors” and they can serve to assist rehabilitation officers in implementing the programs.
These “Peer Mentors” must be properly selected, trained and groomed and will serve as role
models for inmates. The “Peer Mentors” however will not be given custodial functions over
other inmates.

6.2.3. Level I housing

Level I housing is designed for inmates with low levels of risk and needs. Inmates who are
nearing the completion of their sentences can also be transferred to Level 1 housing. There is
minimal control on inmate activities. Inmates are allowed to roam freely. Inmate programs are
geared towards reintegration of inmates upon release like establishing ties with family,
employment and community, and reaching out to victims. In a 2,000-inmate prison population,
it is ideal that 35% of the inmates (850) are placed under this category. The cell arrangement can
be cottage occupancy where 15 to 20 inmates can for a basic unit. Programs can be implemented
on the cottages. Custodial officers assigned in this housing unit are expected to be role models.
Rehabilitation officers must be equipped in implementing prisoner reentry programs. Like in the
Level II, “Peer Mentors” can be mobilized in the implementation of rehabilitation programs.

40
6.2.4. Special Housing

Special housing placements shall be in place for inmates with mental and medical health needs.
Inmates in need of protective custody from other inmates or inmates who perennially violate the
rules or engage in violence shall be placed in special housing unit (SHU). Inmates in Special
housing units are single cells or 1 inmate per cell.

6.2.5. Transfer of housing

Transfer of housing must strictly be based on behavioral criteria. Inmates who had dutifully
followed the rules and regulations in higher-level security housing can be transferred to lower-
level security housing. Inmates who failed to follow rules and engaged in infractions can be
transferred to higher security levels. It is ideal that inmates advance to lower levels of security
upon demonstration of good behavior and inmates are released from Housing Level 1 so they can
avail of pre-release programs.

6.2.5. Old Penal practices

These new housing placement suggests that dorm and cell assignments must be reclaimed from
the inmate leaders and their gangs. The Bureau should have the sole prerogative to determine
inmate-housing placement. The “bidding process” where inmates are auctioned to the highest
bidders should also be eradicated. The placement of inmates to “Minimum” due to special
arrangements with prison officials should be eradicated as well.

6.3. Inmate programming

Upon successful classification and housing placement, inmates must undergo a holistic and
sustained programming. The programs inmates undergo to must address the criminogenic
factors that led them to the commission of their crimes. For example, inmates who used and
abused drugs must undergo Drug anti-relapse prevention programs and inmates who committed
sex-related offenses must undergo Sex therapy programs.

6.3.1. Inmate Rehabilitation Plan

The Reception and Diagnostic Center must provide each inmate with an Inmate Rehabilitation
Plan. The plan must identify the programs the inmate will undergo to for at least the first two
years of stay in prison. The Inmate Rehabilitation Plan will form part of the carpeta (files) of the
inmates. The rehabilitation officers, who will design the Rehabilitation Plan for succeeding
years, will conduct assessment of the performance of the inmates.

6.3.2. Program characteristics

The inmates must undergo modular programs. That is, programs must have a beginning and an
ending date. This will ensure that there is a basis to determine inmate completion of programs.
Programs can run for 3 months, 6 months and 1 year. All programs must have clear criteria for
participation and selection so that inmates needs and program content will match. The programs

41
must have a clear description and must identify specific activities that inmates undergo to. There
must be a curriculum or a syllabus that describes the content of the programs. The programs
must also be based on sound criminological theory and needs to be continually evaluated.
Programs that are not effective in reforming the inmates need to be discarded. All new programs
must be pilot-tested for effectiveness prior to wide scale implementation.

6.3.3. Types of programs

The programs can be generally classified in three broad categories: Cognitive change programs,
equipping programs, and reentry programs. Cognitive change programs are programs intended
to change criminogenic thinking and behavioral patterns among the inmates. These programs are
most helpful for inmates in the higher levels of security (III and II) and for inmates who are new
to the prison system. The programs include: Cognitive restructuring, Anger Management,
Psychotherapy, Therapeutic community, Intensive counseling, and Drug detoxification. Faith
based programs and Yoga can also be placed under this category. Equipping programs are
programs intended to improve the social and technical skills of the inmates. These programs are
most helpful for inmates in the lower levels of security (II and I) and for inmates who completed
most of the cognitive change programs. The programs include: educational and vocational
programs, computer literacy, livelihood, crafts making, arts and the like. Reentry programs are
programs that are intended to prepare inmates for their release. These programs are most helpful
for inmates in the lowest security level (level I) and inmates about to be released (at least two
years before release). The programs include: work furloughs, resume development, connecting
with potential employers, locating family members, and reaching out to victims and community.

All these programs can be offered in the different Housing Levels but with varying emphasis.
Cognitive change programs will be emphasized in Security level III, equipping programs in
Security Level II, and reentry program in Security Level I.

6.3.4. Program providers

The BuCor, through its Rehabilitation Section, will supervise the implementation of the
programs. The Rehabilitation Section will come up with a list of program offerings, the number
of inmates that can be accommodated in a particular offering, the type of inmates that will be
accommodated in a program offering, and the length of time the program will be offered. Non-
governmental organizations, religious groups, and other service providers, must provide a
detailed description of their programs. The BuCor shall evaluate whether programs are congruent
to the overall goals of the institution and these programs may be approved (or disapproved) for
implementation.

6.3.5. Inmates role in rehabilitation programs

As mentioned, good behavior inmates can be tapped a “Peer Mentors” and they can help
facilitate the implementation of the programs. Inmates must be trained and groomed for these
roles. They must serve as role models to other inmates. For inmates to become and remain as
“Peer Mentors”, they should continually exhibit good character and should not be involved in

42
rule infractions. In exchange for their participation, “Peer Mentors” can be provided with more
privileges and grant of the GCTA.

6.3.6. Old penal practices

The success of the inmate programming depends on the level of integrity of prison officials. As
such, prison officers should do away with personal fraternization among the inmates and desist
from serving as padrino to the gangs. There should also be a strict prohibition against “orbit”
where prison guards request money from the inmates. Prison guards must also do away with
favoritism and treat the inmates equally.

6.4. Documentation and assessment

6.4.1. Program participation

Inmate participation in all the rehabilitation programs must be fully documented. The
Rehabilitation section and the specific service providers who offered the programs must provide
a certificate of completion. Participation in these programs can count towards the awarding of
the inmates GCTA. This shall also be the basis for application for Parole and other forms of early
release. The rehabilitation officers shall furnish the Documents and Records Section information
of all the rehabilitation participation of the inmates.

6.4.2. Institutional behavior

Aside from program participation, inmates’ institutional behavior must also be documented.
This includes rule violations, conflict with inmates and staff, and other behaviors that are
prohibited in the Correctional Inmate Manual. The Custodial Section shall also furnish the
Documents and Records Section information on all the rule violations committed by the inmates.

6.4.3. Inmate reclassification

The overall body of work of the inmates will be continually assessed. This shall form the basis
for reclassification of inmates and transfer to lower levels of housing security. Inmates may
apply for reclassification upon completion of the programs designated in the Inmate
Rehabilitation Plan or every two years, which ever comes earlier.

6.4.4. Personnel development

The re-structured Documents and Records Sections must also be staffed with competent
personnel. Masters level statisticians, policy analysts, and public administrators must be hired to
increase the competency of these offices. The data collected can be a rich source of information
that can guide the formulation of new policies.

6.4.5 Old Penal practices

43
The re-classification of inmates must be based purely on merit. This suggests that the old
practice of creating a list of inmates to be transferred to a different penal facility and requiring
inmates to pay in order to be removed from the list must be done away with. Additionally, the
creation of certification of participation and good conduct will be based on documentary
evidence. The old practice of providing certifications based on personal memory, a practice
susceptible to abuse needs to be eradicated.

7. Summary and conclusion

Without a doubt, the realization of a modern Philippine Corrections will take time. It took
decades for the existing penal practices to develop, it will equally take decades to undo these
now ingrained penal practices. However, allowing the current penal practices to continue
translates to the perversion of correctional principles, the effect of which can be seen by the
series of scandals reported by the local media. Additionally, the haphazard and knee-jerk
reactions to these reported scandals, like the transfer and suspension of personnel, without
looking at the root causes of the problems, simply deepen the cynicism of the general public on
prison reforms.

This paper provided ample narratives from prison officers, inmates, and volunteers that described
the actual conditions inside a Philippine penal facility. It basically shows that the structural
conditions like overcrowding, lack of personnel, and insufficient resources induce the creation of
informal coping structures. These structures have short-term benefits as they keep a deficient
facility from collapsing, however, in the long-term, it perverts the principles of effective
correctional management.

A holistic strategy that addresses all three components (structure, organization, and culture)
simultaneously must be in place. This is congruent with the mandates of the Modernization Law
of the Bureau of Corrections. This paper provided an outline and numerous suggestions of how
these three components can be addressed. The vision for a Model Regional Prison was also
presented.

44
 Glossary of terms
Bayanihan A Filipino cultural trait that emphasizes community support
Bosyo Top position in an inmate hierarchy
Damayan A Filipino cultural trait that emphasizes helping one another; sharing of
resources
Kamag-anak Kinship system
Kubo Cottage, stand alone private rooms constructed by the inmates outside of
the cell
Kubol Cubicle, private rooms constructed by inmates, either inside or outside of
the cell
Mayores Cell or brigade leader, leadership structure
Nanunungkulan Inmate with a leadership position
Orbit A corrupt practice where prison guards extort from cell to cell, like the
earth orbiting the sun
Padrino A patron
Pangkat Gang or inmate brotherhood
Patakaran Cell rules and regulations promulgated by the inmates and tacitly endorsed
by the prison staff
Palakasan Favoritism
Takal Paddle, a form of punishment
Talipapa Market
Tarima Beds constructed by inmates
Trustee Inmates employed by the prison staff on a personal basis
VIP Literally, very important preso. Inmate who avail of privileges inside the
cell isnexchange of the support he provides

45
 References

Almasco, H. (2012, July 19). Trip to the New Bilibid Prison Muntinlupa: Experiencing
the unexpected. Retrieved from http://hanndyydandyyy.blogspot.com/2012/07/trip-to-
new-bilibid-prison-muntinlupa.html
Anderson, Elija (1999). Code of the streets. Decency, violence, and the moral life of the inner
cirty. WW Norton and Company.
Andrews, D. A., Bonta, J., and Wormith, J. S. (2006). The Recent Past and Near Future of Risk
and/or Need Assessment. Crime & Delinquency.
Austin, J. (1986). Evaluating how well your classification system is operating: A
practical approach. Crime & Delinquency, 32(3), 302-322.
Bonta, J., & Motiuk, L. L. (1992). Inmate classification. Journal of Criminal
Justice, 20(4), 343-353.
Bourdieu, P. (1985). The genesis of the concepts of habitus and field.
Sociocriticism, 2(2), 11-24.
Bureau of Corrections Report 2014.
Castillo, C. (2012). Pagsali sa gang sa New Bilibid Prison. GMA news. Retrieved from
https://www.youtube.com/watch?v=bcitWrHQLuE
Cayabyab, MJ (2014, September 1). BuCor jails congested by as much as 249 percent-report.
Retrieved from http://newsinfo.inquirer.net/634364/bucor-jails-congested-by-as-much-
as-249-percent-report.
Clemmer, D. (1940). The prison community. New York: Rhinehart.
Cohen, A. K. (1955). Delinquent boys: The culture of the gang. New York: Free Press.
Commission on Audit (2005). Performance Audit Report on the Bureau of Corrections.
Retrieved from http://www.coa.gov.ph/GWSPA/2004/BuCor2004-01.htm
Cruz, R.G. (2011). De Lima ipinagiba ang maluluhong kubol sa Bilibid. ABS CBN.
Retrieved from http://rp2.abs-cbnnews.com/video/nation/06/07/11/de-lima-dismantle-
kubols-bilibid
De Jesus, J.D. (2014, June 2). Source: Another convict brought to hospital with starlet and TV
dancers as guests. Retrieved from
http://newsinfo.inquirer.net/607623/source-another convict-brought-to-hospital-with-
starlet-and-tv-dancers-as-guests.
Ekland-Olson, S. (1986). Crowding, social control, and prison violence: Evidence from the post-
Ruiz years in Texas. Law and Society Review, 389-421.
Endozo, P.P (2011, October 19). BuCor wants overstaying Bilibid Visitors gone Philippine Daily
Inquirer. Retrieved from http://newsinfo.inquirer.net/79023/bucor-wants-overstaying-
bilibid-visitors-gone
Farrington, D. P., & Nuttall, C. P. (1980). Prison size, overcrowding, prison violence, and
recidivism. Journal of Criminal Justice, 8(4), 221-231.
Flores, H. (2011, October 31). Bilibid designs uniform kubols for inmates. Phil Star.
Retrieved from http://www.philstar.com/headlines/742778/bilibid-designs-uniform-
kubols-inmates
Gaes, G. G., and McGuire, W. J. (1985). Prison violence: The contribution of crowding
versus other determinants of prison assault rates. Journal of research in crime and
delinquency, 22(1), 41-65.

46
Griffin, M. L., and Hepburn, J. R. (2013). Inmate Misconduct and the Institutional Capacity for
Control. Criminal Justice and Behavior, 40(3), 270-288.
Gutierrez, F. C. (2012). Pangkat: Inmate Gangs at the New Bilibid Prison Maximum
Security Compound. Philippine Sociological Review 60, 193-238
HM Inspectorate of Prisons (2009). The prison characteristics that predict prison being assess as
performing “well”. London . Retrieved from
http://www.justice.gov.uk/downloads/publications/inspectorate-
reports/hmipris/thematic-reports-and-research-
publications/prison_performance_thematic-rps.pdf
Hutchcroft, P. D. (1998). Booty Capitalism: The Politics of the Banking in the
Philippines. Cornell University Press.
International Center for Prison Studies (ICPS)(2014). Country Report: Philippines. Retrieved
from http://www.prisonstudies.org/country/philippines.
Jones, C. and Morales, R (2012). Integration versus Segregation: A Preliminary Examination of
Philippine Correctional Facilities for De-Radicalization. Studies in Conflict &
Terrorism, 35(3), 211-228.
Johnsen, B., Granheim, P. K., and Helgesen, J. (2011). Exceptional prison conditions and
the quality of prison life: Prison size and prison culture in Norwegian closed
prisons. European Journal of Criminology, 8(6), 515-529.
Kane, T. R. (1986). The validity of prison classification: An introduction to practical
considerations and research issues. Crime & delinquency, 32(3), 367-390.
Malig, J. (2011). Bilibid gangs threaten riot: De Lima. ABS CBN News. Retrieved from
http://www.abs-cbnnews.com/nation/06/09/11/bilibid-gangs-threaten-riot-de-lima
Merton, R. K. (1938). Social structure and anomie. American Sociological Review, 3(5),
672–682.
Narag, R.E. (2005). Freedom and death inside the City Jail. Supreme Court. Manila.
Retrieved from http://www.scribd.com/doc/151464671/Freedom-and-Death-Inside-the-
Jail-pdf
Punay, E. (2011, June 7). DOJ probes bribery for penal colony transfers in Bilibid.
PhilStar. Retrieved from http://www.philstar.com/headlines/693452/doj-probes-bribery-
penal-colony-transfers-bilibid
Ramos, M. (2011, June 7). Bribes to NBP execs bared. Philippine Daily Inquirer.
Retrieved from http://newsinfo.inquirer.net/12737/bribes-to-nbp-execs-bared
Ramos, M and Endozo, P. (2011, May 22). DoJ exec discovers Bilibid’s open secret.
Rich are VIPs. Philippine Daily Inquirer. Retrieved from
http://newsinfo.inquirer.net/7953/doj-exec-‘discovers’-bilibid’s-open-secret-rich-are-vips
Scott, J. C. (1972). Patron-client politics and political change in Southeast Asia. The American
Political Science Review, 91-113.
Swidler, A. (1986). Culture in action: Symbols and strategies. American sociological
review, 273-286.
Sykes, G. M. (1958). The society of captives: A study of a maximum security prison.
Princeton University Press.
Sykes, G. M., & Matza, D. (1957). Techniques of neutralization: A theory of
delinquency. American sociological review, 22(6), 664-670.
Tesoro, V. Prison Watch: Notes on the Prison service. Retrieved from
http://philippineprisons.com/

47
Torres, T. (2011, June 16). Convicted ex-congressman says Bilibid ‘kubol’ OK to
maintain prisoner’s ‘dignity. Philippine Daily Inquirer. Retrieved from
http://newsinfo.inquirer.net/15473/convicted-ex-congressman-says-bilibid-
%E2%80%98kubol%E2%80%99-ok-to-maintain-prisoner%E2%80%99s-
%E2%80%98dignity
Yap, D.J. (2011, June 8). 10 gangs hold key to the good life in prison. Philippine Daily
Inquirer. Retrieved from http://newsinfo.inquirer.net/13045/10-gangs-hold-key-to-the-
good-life-in-prison

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 #
11
DIGNITY Publication Series on
Torture and Organised Violence
STUDY

CONDITIONS FOR
WOMEN IN DETENTION
IN THE PHILIPPINES
Needs, vulnerabilities and good practices

Jo Baker and DIGNITY

CONDITIONS FOR
WOMEN IN DETENTION
IN THE PHILIPPINES
Needs, vulnerabilities and good practices

Jo Baker and DIGNITY – Danish Institute Against Torture

Acknowledgements

DIGNITY - Danish Institute Against Torture (hereinafter DIGNITY) would like to extend its
sincere thanks to its longstanding cooperating partner in the Philippines, Balay Rehabilitation
Center (BALAY), for its invaluable support and cooperation in paving the way and assisting in
conducting this study, particularly the research support of programme manager, Karl Arvin
Hapal. Appreciation also goes to BALAY’S Josephine Acuna Lascano, Ernesto A. Anasarias,
and Merlita T. Moises, as well as to all others in the NGO community who informed and
assisted our research in the Philippines. BALAY also kindly acted as an external expert in its
review of the section of this study on the Philippines’ national context.

This study has also benefitted greatly from the cooperation of central state institutions
and officials. Our thanks go to the Bureau of Corrections (BuCor) and The Bureau of Jail
Management and Penology (BJMP), which gave us access to their detention facilities
and permission to interview inmates and prison staff. In the same vein, we wish to thank
the prison directors, prison officials and ministerial employees who participated in the
study and provided valuable information and shared their assessments of the needs and
vulnerabilities of women in detention. It should be acknowledged with gratitude that this
study was made possible by the financial support of the Danish Ministry of Foreign Affairs.

Finally, and although this may not come to their attention, we extend our heart-felt thanks
to the many women in detention who generously and painfully shared their personal
stories and revealed their needs, vulnerabilities and conditions while during, or following,
the deprivation of their liberty. We hope that with this study, we can increase the attention
paid to women in detention by State institutions and other actors engaged in this domain,
and hereby help improve women detainees’ daily lives.
Table of Contents

Executive summary 7
Recommendations 9
Selected Abbreviations 11
Introduction 13
Methodology 14
Terminology 16

National Context 17
Facts and figures 17
Legal and institutional framework 20
Recent reforms, developments and challenges 26

Findings 33
What matters most? 33
Conditions of detention 34
Box: Conditions in police custody 35
1. Admission and classification 36
2. Physical and material conditions 38
Box: Torture and cruel inhuman or degrading treatment or punishment 41
3. Safety and Security 42
4. Healthcare 46
Box: Special Groups 52
5. Information and complaints 53
6. Contact with the outside world 57
7. Work, education and recreation 60

Annex I 65

Bibliography 75
Executive Summary

“Being a woman is damaged. Your sense of female identity is damaged.”

What are the particular needs, issues, risks and vulnerabilities that face imprisoned
women across the world? What challenges and promising practices are common in their
management? And where do these practices fall in relation to international standards?
These questions lie at the heart of DIGNITY’s research into conditions for women in
detention in four countries — of which this Philippines country study is one part.1

The management of women in the Philippines’ vast and fragmented penal system
demonstrates a broad spectrum of approaches. In some smaller, provincial facilities
women are reportedly detained with minimal or no attention to their human rights or
particular needs, including the right to be held separately from male inmates, causing
strong concern for their safety and wellbeing. In other women-only prisons and pre-trial
facilities, visited by DIGNITY in 2013, close attention is given to inmates’ welfare, and
good practices can be found for other resource-constrained countries – particularly in
the management of visits and the use of structured activity to keep inmates active and
motivated.

In speaking to detainees (as summarized in the section, What Matters Most), DIGNITY has
been able to understand the critical importance of ties to the outside world, particularly
to children and lawyers, of dignified spaces in which to meet visitors, and of opportunities
to take on responsibility, and stay busy. We have been told of the acute need for gender-
sensitive healthcare, particularly in areas of reproductive and sexual health, and for
survivors of gender-based violence, and substance abusers. Women have spoken of
gendered risks and dangers that they face while in detention, including sexual exploitation,

1 DIGNITY’s research among women’s prisons and prison communities in five countries — Albania,
Guatemala, Jordan, the Philippines and Zambia — has been published as a comparative qualitative study,
Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series on Torture
and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014 (available at http://www.
dignityinstitute.org/media/1991156/wid_final_0814_web.pdf), and as four individual country studies for
Albania, Jordan, the Philippines and Zambia.

DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 7

mental health risks and harmful forms of misinformation. They have also shared their Recommendations
experiences of abandonment and stigma, which many believe are experienced differently
and disproportionately by women. For the Philippines to align with international standards on conditions for detention of
women, this study has highlighted a number of key recommendations:
Yet in only one of the country’s penal systems, the Bureau of Corrections (BuCor), is
the operational approach gender responsive — and comprehensively so. A series of
operational guidelines circulated among staff of the Correctional institute for Women in Law and policy
2013 has integrated the recently elaborated United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) RR Amend the national laws, policies and regulations that govern the rights of inmates
into the management of the prisons.2 This has ensured that a broad range of measures in detention so that they adequately protect the human rights of women, in line with
respond to the special needs and common histories of women, both generally and as the Bangkok Rules and other international standards on detention;
members of particular groups, to help protect their rights and ensure their wellbeing. These
measures include the development of alternative screening methods to strip searches RR Ensure that these amendments are comprehensively reflected in the national budget,
and invasive body searches, and the recognition that disciplinary sanctions for inmates and the strategies, operational manuals and internal policies of all relevant bureaus and
must never include a prohibition of family contact, especially with children. They ensure detention facilities, including the Philippine National Police and the Drug Enforcement
that a portion of inmates’ earnings are placed in a savings fund to be made available Agency;
on release, and include the development of strategies to provide gender-specific and
individualized psychosocial and psychiatric support, and prevent suicide and self-harm. RR Amend the legal framework to include alternatives to imprisonment for women
The memorandum also commendably requires that: “The treatment of prisoners should offenders, as required by the Bangkok Rules, given the generally lower risk posed by
emphasize not their exclusion from the community, but their continuing part in it,” and women prisoners to others, as well as the disproportionate impact of high security
urges flexibility and assistance for visiting friends and relatives, where needed. In order measures and increased isolation on women, and their children. Ensure that judges’
to ensure that these commendable guidelines offer effective and sustainable protection are sensitized to the existence of and need for such alternatives;
for BuCor detainees, the next step must be to make them legally binding.
RR Train and appoint gender-sensitive managers of women’s prisons, and provide
Meanwhile, as welfare programmes and guidelines are being championed and developed comprehensive core and follow-up training for staff in all related bureaus and agencies
across this vast penal network, and steps to centralize its procedures are taken, the chance on gender issues and women’s human rights, communication and dynamic security
to mainstream gender in policy, operational guidelines and trainings is being missed. approaches;
As the number of female detainees continues to grow, it is critical that their needs and
human rights are adequately reflected in these processes, in accordance with international RR Carefully consider, in the construction of new detention facilities and the allocation of
standards. Given the positive practices found in visits to both BuCor and the Bureau of prisoners, of the need for women prisoners to be close to their home or place of social
Jail Management and Penology (BJMP) facilities, it is clear that coordination and lesson rehabilitation, taking account of their caretaking responsibilities, and the availability of
sharing between staff across these systems could go a long way in achieving this. appropriate programmes and services; and

RR Pay particular and urgent attention in law, policy and practice, to the rights and needs
of especially vulnerable groups among women in detention. These may include older
and disabled women, pregnant women and new mothers, and women from ethnic,
religious and sexual minorities.

2  UN Doc. A/RES/65/229, 16 March 2011, available at: http://www.un.org/en/ecosoc/docs/2010/

res%202010-16.pdf

8 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 9
Conditions of detention RR To overcome gendered barriers to information and complaint, ensure that detainees
are comprehensively briefed on their rights and options, and the rules and regime of
RR Ensure that infrastructure for the detention of women meets international standards the facility, and that information is available in forms that they are able to understand
generally, and meets standards on women’s special needs specifically, with inter alia, and easily access throughout their time in detention. Ensure that all inmates are aware
conditions that are safe and healthy; sufficient space and facilities for comprehensive of and able to access their right to send confidential complaints to State bodies and
vocational, recreation and work programmes; separate and adequate facilities for independent institutions;
mothers with infants; and visiting facilities that allow space, privacy, dignity and physical
contact; RR Establish a system for the employment and equitable remuneration of detainees; and
ensure that women have equal access and opportunities to all trades and areas of work
RR On admission, ensure that thorough screenings take place by medical and social that they are physically suited for;
welfare professionals, which in particular, identify mental health care needs, including
post-traumatic stress disorder and risk of suicide and self-harm; forms of violence that RR Support, fund and train more gender-sensitive welfare officers, who are able to provide
may have been suffered prior to admission; and economic and social needs, in order individualised support, counselling, and information to inmates, and connect them with
to integrate these into rehabilitative programmes and services that match detainees’ needed programmes and services. Empower and enable these officers to pay particular
gender-specific needs; attention to the needs of vulnerable groups among female inmates;

RR Amend the potentially harmful practice of prolonged and close confinement of inmates RR Allow detainees to be accommodated with babies and young children in safe and
on admission so that the procedure conforms to human rights standards, particularly separate facilities, while protecting their right to a balanced and comprehensive
regarding frequent contact with family and children on the outside; programme of activities, and preventing their potentially harmful isolation from others;

RR Ensure that basic items required for human dignity, including sanitary towels, cleaning RR Continue to ensure a positive, humane contact and outreach regime, in line with the
materials, warm water and items for babies and children accommodated in the prison, Bangkok Rules, by allowing longer and more frequent visits with babies and young
are provided in sufficient quantity and for free by the State, in accordance with its State children (overnight where possible), and implementing a programme of conjugal visits
responsibility; that is equal to that enjoyed by male detainees; and

RR Ensure that all prisons are managed in line with international standards on gender- RR Work towards the creation of individualised and rehabilitative gender-sensitive
specific safety and security and the prohibition of torture and cruel, inhuman and treatment plans for each detainee from the time of admission. This should include the
degrading treatment or punishment, which inter alia, prohibit the banning of visits mainstreaming of gender into the operation and manual of the Therapeutic Community
between mothers and their families, and demands the careful separation of female Modality Program (TCMP), and other welfare plans and programmes.
inmates from male inmates and staff. In particular, urgently implement basic safeguards
for women in provincial jails, where they are at greater risk of rape, sexual abuse and
other forms of gendered torture; and in BJMP facilities, end the use of excessive
confinement practices as punishment, and effectively prohibit contact and sexual
relationships between male staff and female inmates;

RR Sufficiently equip and staff institutions to meet the health needs of women detainees
and accompanying children, including pre-and post-natal requirements (such as
nutrition, medical and psychological care), reproductive and sexual healthcare, mental
health and trauma counselling, and health education. Ensure that these respond to
the particular backgrounds common to women in the Philippines, such as histories of
gender-based violence, risk of HIV, and substance abuse;

10 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 11
Selected Abbreviations Introduction
BJMP Bureau of Jail Management and Penology While all human beings are vulnerable when deprived of their liberty, certain groups are at
BuCor Bureau of Corrections particular risk of abuse and other human rights violations. Women in detention constitute
CAT UN Committee against Torture one such group. For women, the discrimination that they face in broader society reaches
CEDAW UN Committee on the Elimination of Discrimination against Women deep into places of detention, such as prisons, which are largely still designed and managed
CHR Philippines’ Commission on Human Rights for men, by men. As a minority — although a growing one in many counties — detained
CIW Correctional Institute for Women in Manila women are often overlooked, at the expense of their dignity, wellbeing and their fundamental
CPT European Committee for the Prevention of Torture human rights. As now well established in international law, women’s specific needs also
DOJ Department of Justice require different and sometimes greater attention in order for women to enjoy their rights
DILG Department of the Interior and Local Government equally to men. As established in the United Nations Rules for the Treatment of Women
DSWD Department of Social Welfare and Development Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),3 there
DIGNITY DIGNITY – Danish Institute against Torture are concrete ways in which this must be done.
GDP General Directorate of Prisons of the Philippines
ICCPR International Covenant on Civil and Political Rights This study seeks to generate an understanding of the particular needs and vulnerabilities
ICESCR International Covenant on Economic, Social and Cultural Rights of women in detention in the Philippines, to identify ‘what matters’ most to them — where
IWD Inmates Welfare and Development the impact of detention mostly lies — and to document positive and negative practices in
NGO Non-Governmental Organisation relation to international standards.
NPM National Preventive Mechanism
OHCHR Office of the UN High Commissioner for Human Rights The study consists of two parts. Part one presents the context of prisons and pre-trial
OPCAT Optional Protocol to the Convention against Torture detention centres in the Philippines – including facts and figures, the legal and institutional
RA Republic Act framework, and recent reforms and developments – with focus on the extent to which
SMRs Standard Minimum Rules for the Treatment of Prisoners women are included or excluded in these. Part two outlines the findings by firstly summarizing
SPT UN Subcommittee on Prevention of Torture the conditions that, according to the detained women interviewed, impact them most.
SRT UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Secondly, it presents the findings on conditions and practices based on visits to one prison
Treatment or Punishment and three pre-trial detention centres for women, along with the experiences and reflections
SRVAW UN Special Rapporteur on Violence against Women, it’s Causes and of current and former inmates. The section on conditions is divided into seven thematic
Consequences sections, structured around categories identified by the Bangkok Rules: admission and
TCMP Therapeutic Community Modality Program classification, physical and material conditions, safety and security, healthcare, information
UN United Nations and complaints, contact with the outside world, and work, education and recreation. All
UNCAT UN Convention against Torture and Other Cruel, Inhuman or Degrading quotes, unless specified, are from women detainees or former detainees.
Treatment or Punishment
UNCED International Convention for the Protection of All Persons from Enforced It is hoped that the findings in this study will provide insight into the needs, vulnerabilities
Disappearance and rights of a long-neglected group in the Philippines, and impetus for change.
UNCEDAW UN Convention on the Elimination of All Forms of Discrimination against
Women
UNCRC UN Convention on the Rights of the Child
UNHRC UN Human Rights Committee
UNODC UN Office on Drugs and Crime
WHO World Health Organisation
3 United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women
Offenders (Bangkok Rules) Un Doc. E/RES/2010/16, 16 March 2011, available at http://www.un.org/en/
ecosoc/docs/2010/res%202010-16.pdf

12 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 13
 law. A number of these are particularly relevant to the situation of detention for women.
For a more detailed understanding of the gendered issues and forms of discrimination These include the norms and standards on non-discrimination, to allow the experiences of
encountered by women in detention across the world, and the related international women specifically to be identified and analysed,5 and UN standards specific to detention. In
standards, please refer to the main study: Women in Detention: Needs, Vulnerabilities particular, we have referenced the Standard Minimum Rules for the Treatment of Prisoners
and Good Practices (referred to in this report as Main Study).4 In this study, published in (Standard Minimum Rules, or SMRs) of 1957,6 under revision as the Mandela Rules7), and
2014, DIGNITY uses the same thematic structure to examine and compare the spectrum the Bangkok Rules, adopted by the General Assembly in 2010 to address the particular
of experiences of detained women across five countries, including the Philippines, to needs and rights of detained women (for more detail on the international legal framework,
better understand the impact that these issues have. Under each theme, the study see Main Study).
firstly presents the international human rights standards relative to women in detention.
Secondly, it analyses the jurisprudence of four key United Nations Treaty Bodies across Secondly, and in parallel, this study builds substantially on qualitative research methodologies,
six years (2008-13) so as to establish to what extent it reflects the relevant international with a focus on life stories and narrative interviewing. This is a more immersive and subjective
human rights standards. Thirdly, the lived experiences of the women in detention – approach, and it provides the opportunity for informants to share their own personal story
including common needs, challenges and rights violations — are explored, theme by and experiences, and hereby express what matters most to them.
theme, and portrayed on the basis of answers to the question ‘what matters most’, along
with negative and positive practices encountered in their management. Finally, the study Each inmate interview session began with semi-structured interviews based on interview
highlights the most common gaps in protection that women in detention encounter guides, to allow the issues and experiences that matter most to the subject to arise naturally.
across the world, and gives recommendations for gender sensitive reform. The more structured set of human rights-based questions on prison conditions – drawn
from international standards – were woven into the latter half of the interviews.

Interviews with former detainees were conducted in private, and confidentiality has been
Methodology ensured. No informants have had their names revealed to authorities or anyone outside
This country study bases its findings on an observational visit to the Philippines’ main women’s the research team, unless agreed with the informant, e.g. when a case was referred to legal
prison and three pre-trial detention facilities for women in September 2013;on private,
semi-structured in-depth interviews among detainees; and on meetings and structured
interviews with prison staff, and others working in and around prison communities in
5  Non-discrimination and equality of rights for women is well established as a fundamental principle
the country — 44 persons in total. The desk review was updated in December 2014, and
of international law, starting with the preamble to the UN Charter, and the basic principle of non-
includes a review of national legislation, policy and procedure in relation to the country’s discrimination on grounds of sex is prescribed in several conventions, among them ICCPR Article 3 and
international human rights obligations, on the basis of research and reporting from the ICESCR Article 3. However, a full working understanding of discrimination against women has developed
UN human rights machinery, NGOs, the national human rights institution, and academics. in both hard and soft law. Of particular importance is CEDAW, which pioneered the understanding of
non-discrimination as any ”distinction, exclusion or restriction made on the basis of sex which has the
The facilities visited are the Correctional Institute for Women (CIW) in the capital city, effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women” of their
human rights and fundamental (Art. 1). CEDAW also provides the legal basis for special measures being
Manila, operated by the BuCor; and Quezon City Jail Female Dorm, Mandaluyong City
taken to ensure de facto equality between men and women, including policies and practices that make
Jail and Davao City Female Jail operated by the BJMP (the first two located in Manila and
up for practical disadvantages faced by women prisoners (Art. 4). The same principles are reflected in
the latter in Mindanao, in the Muslim-majority south of the country).
Principle 5 (2) of the Body of Principles for the Protection of All Persons under any Form of Detention
of Imprisonment.
Research for this study has applied a mixed-methods approach. Firstly, we have partially 6  Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of
applied a human rights-based methodology ordinarily used for detention monitoring, Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions
founded on the standards set by the core international human rights treaties and soft 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.
7  The proposed revision of the SMRs (Mandela Rules) were adopted by the UN Commission on
Crime Prevention and Criminal Justice (24th session, May 2015), E/CN.15/2015/L.6/Rev.1, available at:
4  Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series on Torture http://www.unodc.org/documents/commissions/CCPCJ/CCPCJ_Sessions/CCPCJ_24/resolutions/
and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014, available at http://www. L6_Rev1/ECN152015_L6Rev1_e_V1503585.pdf. The final version of the revised SMRs (Mandela Rules)
dignityinstitute.org/media/1991156/wid_final_0814_web.pdf is to be adopted by the UN General Assembly.

14 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 15
aid services. All persons interviewed provided their informed consent. In recognition of the
fact that many prisoners experience psychological crisis and trauma and/or physical and
social stress, researchers used an interviewing technique developed for torture survivors to
complement the life story approach. This aims to protect inmates from re-activating trauma,
National Context
whilst at the same time gaining access to potentially painful, yet important information.

In consulting those who work with imprisoned women, which includes NGO staff, prison
officers and lawyers, DIGNITY used structured and semi-structured human rights-based
interview guides. As noted above, researchers were also able to informally tour and observe Facts and figures
most areas of the prison during the visit, but a full monitoring procedure was not followed. We
have had no reason to doubt the information provided by the informants. Nevertheless, There are over a thousand places of detention in the Philippines,8 and these fall under a
it has not been being possible to exhaustively triangulate the validity and reliability of all host of different government departments,9 with a lack of centralized data, and varying
information on general conditions of imprisonment, such as availability of food. operating procedures, standards, levels of professionalism and training. This makes the
overall situation of detainees challenging to regulate consistently, monitor and assess.
Terminology
The terms ‘prisoner’, ‘detainee’ and ‘inmate’ are used interchangeably to denominate any However, it is known that women make up about 8% of a rapidly growing prison population
person who is deprived of her liberty, including individual women detained in jails awaiting in a system that is well beyond its capacity.10 The majority of sentenced female prisoners,
arraignment, trial or sentencing; and those who have been convicted and are serving a around 2,200 at the time of the visit, are detained in Manila’s Correctional Institute for
prison sentence. The terms ‘pre-trial detainee’ or ‘remandee’ refer to persons who are Women (CIW),11 governed by the Bureau of Corrections (BuCor) under the Department of
detained in custody before and during trial. Justice. The prison has a capacity of 1,000 prisoners.12 A few hundred convicted women
are also imprisoned in a Mindanao-based BuCor facility.

The Bureau of Jail Management and Penology (BJMP) holds adult women who are awaiting
trial and those sentenced to imprisonment of three years or less, in 49 female dormitories
among 459 total district and city district jails.13 Approximately 6,600 detained women
were awaiting trial during DIGNITY’s visit in November 2013, and 150 were convicted; but
according to figures obtained from the BJMP in January 2015 this total figure has since
risen to 8,035. Facilities are understaffed. For example, according to information provided

8 The Philippines is an archipelago with over 7,000 islands and 96 million people, and is classified as a
low-middle income country by the World Bank. It has 7 national prisons and 1,130 city, district, municipal
and provincial jails.
9  See Institutional Framework, below.
10 The system recorded 110,925 prisoners and detainees in 2013, hugely surpassing the official capacity of
35,000 inmates. See Institute of Prison Studies, World Prison Brief: The Philippines, accessed January 2015.
11  This was according to the director of the CIW in May 2013, but reported figures for 2014 are higher, at 2,343.
12  Bernadette Baquilod Alvor, Mildred, The Philippine Corrections System: Current Situation and Issues, 2005
13 A district jail is a cluster of small jails, each having a monthly average population of ten or fewer inmates,
and is located in the vicinity of the court. Where the imposable penalty for the crime committed is more
than six months and the crime was committed within the municipality, the offender must serve his or her
sentence in the provincial jail, under the Office of the Governor. Where the penalty imposed exceeds three
years, the offender shall serve his or her sentence in the penal institutions of the BuCor. See Bernadette
Baquilod Alvor, Mildred, The Philippine Corrections System: Current Situation and Issues, 2005.

16 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 17
by the Philippines’ Commission on Human Rights (CHR), the average BJMP staff-inmate level of drug or alcohol dependence, histories of sexual and physical abuse and violence
ratio in July 2013 was 1:46. before prison, and primary responsibility for children and other family members.19 Further
deductions can be made using the status of women in the country generally. Nevertheless,
Some provincial jails and police cells are manned by the Philippine National Police targeted research into the profiles of this group in the Philippines, combined with the findings
(PNP), rather than the BJMP, and these reportedly detain a few handfuls of women at below, would be an important step in designing informed and effective rehabilitation,
any one time.14 treatment and reintegration programmes for them, in line with the Bangkok Rules.

As noted in the figures above, almost 60% of detained women are in remand detention.
Despite the 1998 Speedy Trial Act, the average trial takes more than three years.15 DIGNITY
met with women who had been detained for more than six years while waiting for their The status of women in the Philippines
trials on drugs charges.
The Philippines is party to all core treaties to protect women’s human rights and ranks
Statistics from the Correctional Institute in Manila in 2013 help to draw tentative conclusions highly in the Global Gender Gap Index of the World Economic Forum. It comes ninth
about the profiles of women detainees in the Philippines.16 Firstly, the majority of women out of 138 countries, and has made significant strides in recent years in the areas of
are in prison for non-violent crimes: under 10% of detainees in the CIW were convicted economic participation and opportunity; education and employment; empowerment
for crimes against persons, and fewer than 3% were convicted for crimes against personal and decision-making; and health and life-expectancy.20 Simple and functional literacy
liberty, such as kidnapping or crimes against national security. The vast majority were charged rates are higher among women, compared to men.21 However this doesn’t translate
with crimes related to drugs (51.8%) or property (35%). The majority were middle-aged, into the job market or the political sphere, in which women are underrepresented,22
with 61% of women between 40-59 years old.17 In terms of their occupations, many were and underpaid.23
primarily traders and business women (18%) or jobless (15%), with other dominant jobs Various disadvantageous gender norms also remain strong and entrenched, and
including work as vendors (12%), housewives (6%), and housekeepers or caretakers (6%). although women outside of Muslim and indigenous communities are accorded the
Most women were educated: approximately 40% had reached (though not necessarily same rights as men in many areas, this is not always the case in practice; those women
graduated) high school and 30% had attended college, while approximately 20% had only living under Muslim and indigenous women customary or personal laws tend to face
attended elementary school, and fewer than 2% were illiterate. Most were married or much greater restrictions.24 In a study that revealed the extent of discriminatory barriers
common law partners at around 52%, while 24% were single and the rest were separated
or widowed (divorce being largely illegal in the Philippines).18 Finally, statistics revealed
that more than 60% of inmates come from communities located outside of the national 19 United Nations Office on Drugs and Crime & World Health Organisation (UNODC & WHO), Women’s
capital region, and many live relatively far away from the prison. For example 125 women health in prison: Correcting gender inequity in prison health, 2009.
lived as far as the Zamboanga, Davao, Northern Mindanao, Cotabato and Caraga regions 20  World Economic Forum, Global Gender Gap Report: The Philippines, accessed January 2015.
which lie somewhere between 1,200 and 1,700 km from Manila. GMA Network, The status of women in the Philippines: a 50-year retrospective, Lila Ramos Shahani, 3
21 

October 2012.
22 Following the 2012 mid-term elections, six women served in the 24-seat Senate and 79 women in the
While data was not available on other important characteristics of female inmates, research
289-seat House of Representatives; there were six women in the 32-member cabinet, and three of 15
has established commonalities among this group across the world, at least some of which
Supreme Court justices, including the chief justice, were women, as were 17 of 80 provincial governors
are likely to apply. These include a disproportionate experience of mental disorders, a high
and 321 of 1,633 mayors. US State Department, 2013 Human Rights Report: Philippines.
23  No law mandates non-discrimination based on gender in hiring practices, and women in the labour
force reportedly earned 37 to 47 percent less than men. See US State Department, 2013 Human Rights
14  This is out of approximately 800 detainees in total. BJMP, Jail Population Data Table, July 2013. Report: Philippines, 2013.
15 JDI et al. See also British Embassy Manila, Information For British Nationals Arrested And Imprisoned In 24  In Muslim and indigenous communities, property ownership law or tradition grants married males
The Philippines, 2015. more property ownership rights than married females. US State Department, 2013 Human Rights Report:
16  Bureau of Corrections, Monthly Inmate Inventory Report: CIW, October 1-31 2013. Philippines, 2013. Although all laws must conform to the 1987 Constitution, which contains a gender
Less than one percent were aged between 19 and 21; 25% were between 22 and 39; and almost 13%
17  equality provision, in 1977, a Code of Muslim Personal Laws (CMPL) was enacted under the Marcos regime
were aged 60 and above. The age of nine women (0.41%) was unknown. in certain Muslim provinces of the Philippines. Read more in Solamo-Antonio, Isabelita, Dossier 27: The
18  Foreign Policy, The Last Country in the World Where Divorce Is Illegal, 19 Jan 2015. Shari’a courts in the Philippines: Women, men and Muslim personal laws, December 2005.

18 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 19
 is the process of establishing a National Preventive Mechanism (NPM). The NPM will have
to justice for women in the Philippines, findings indicated gender insensitivity in the the mandate to conduct regular visits to all places of detention in order to strengthen
legal system and its actors, stigmatization and re-victimization, economic and cultural the protection against torture and other inhuman or degrading treatment or punishment.
barriers, and impunity enjoyed by the perpetrators of the acts of violence against The Philippines has accepted the competence of the Human Rights Committee (Optional
women.25 Gender-based violence is pervasive,26 and under-reported.27 Despite the Protocol to the ICCPR), and the CEDAW Committee (Optional Protocol to CEDAW) to
passage of various women-friendly laws in recent years, particularly those addressing consider individual complaints. The Philippines has also accepted the inquiry procedures
violence against women,28 effective enforcement of these laws is lagging.29 of CAT and CEDAW. Article II and Section II of the Constitution of the Philippines adopts
the generally accepted principles of international law into domestic law.

Institutional framework
As noted above, the penal system in the Philippines is largely fragmented, with varying
Legal and institutional framework operating procedures and standards.30 Efforts to standardize and centralize these in some
places show promise, but have been slow and piecemeal.31 The advent in the coming year
Under Philippine national law, regional law and international human rights law, prisoners retain or two of the NPM may lead to some improvements in this regard.
their human rights and fundamental freedoms, except for those restrictions necessitated
by the incarceration. These include the right to humane treatment and respect for their The system is made up of three major government functionaries: the Department of Justice
inherent dignity as human beings. (DOJ), Department of the Interior and Local Government (DILG) and the Department of
Social Welfare and Development (DSWD). The DOJ supervises the national penitentiaries
International framework through the BuCor; administers the parole and probation system through the Parole and
The Philippines has ratified all of the core international human rights treaties, including Probation Administration; and assists the President in the grant of executive clemency
the UN Convention on the Elimination of All Forms of Discrimination Against Women through the Board of Pardons and Parole. 32 The DILG supervises the provincial, district, city
(UNCEDAW); the UN Convention Against Torture and Cruel, Inhuman or Degrading Treatment and municipal jails through the provincial governments and the BJMP.33 Those under the
or Punishment (UNCAT); and the Optional Protocol to the UNCAT (OPCAT), under which it provincial government are run by the police. The DSWD supervises the regional rehabilitation
centres for youth offenders through the Bureau of Child and Youth Welfare.34 Places of
detention are also run by the Department of National Defence, the Drug Enforcement
Agency (DEA), and the Bureau of Immigration.
25 The women‘s access to justice (ATJ) study was borne out of the Women‘s Legal and Human Rights Bureau‘s
2010 research on Mapping of Domestic Legal Remedies on Violence against Women. See more in Women’s
Legal and Human Rights Bureau, Unveiling Justice: Women’s Access to Justice in the Philippines, May 2012 Other government human rights bodies relevant to detainees include the Philippines’
26 According to a National Demographic and Health Survey in 2008, 20% or one in five women aged 15- Commission of Human Rights (CHR), which is constitutionally mandated to protect and
49 experienced physical violence since age 15, and 8.7% aged the same have experience sexual violence; promote human rights; investigate all human rights violations, including those against
both of these and other forms of VAW committed by intimate partners. Women’s Legal and Human Rights
Bureau, Unveiling Justice: Women’s Access to Justice in the Philippines, May 2012.
27 For example, according to a National Demographic and Health Survey in 2008 among VAWG survivors,
12% reported to the police; 9% went to social workers; and only 2% sought the help of doctor/medical
personnel. UN Country Team, Compilation Prepared By The UNCT In The Philippines Universal Periodic 30  Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, inhuman
Review, May 2012 or degrading treatment or punishment in the Philippines (2009).
28  Republic Act (R.A.) 8353 or the Anti-Rape Law of 1997 redefined rape from a private to a public offense 31 In recent years there have been efforts to bring the provincial police-operated jails under the operation of
and expanded its scope to include rape by sexual assault. R.A. 9208 or The Anti-Human Trafficking in Persons the BJMP via a Memorandum of Understanding (with a law pending on the standardization of jails), which is a
law passed in 2003, penalizes trafficking with emphasis that the same may be committed with or without the positive step that will allow for a measure of professionalism and oversight, for the benefit of prisoner welfare.
victim‘s consent or knowledge. In 2004, R.A. 9262, the Violence against Women and their Children (VAWC) However without legal force, this is a slow process, still resisted in some provinces. In January 2015 there were
Act was passed into law, penalizing acts of violence committed by husbands and intimate partners. And most several pending bills at the House of Representatives to address these matters, needing to be consolidated. 
recently, in 2009, R.A. 7610 or the Magna Carta of Women has been passed by the Philippine legislature. 32  Bernadette Baquilod Alvor, Mildred, The Philippine Corrections System: Current Situation and Issues, 2005.
29  Women’s Legal and Human Rights Bureau, Unveiling Justice: Women’s Access to Justice in the 33  Ibid.
Philippines, May 2012. 34  Ibid.

20 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 21
women;35 and monitor government compliance with international human rights treaty special needs and human rights of women, and classifies women among inmates with
obligations. However, the CHR remains an institutionally weak body facing numerous special needs, rather than a group in their own right.
challenges, particularly resourcing.36 The Office of the Ombudsman is an independent
agency with jurisdiction to handle complaints regarding all public officials and employees, Among the provisions, under Rule II, it bans any disciplinary punishments of pregnant or
including prison authorities, although national actors report that most cases are handled breastfeeding women.41 A small section (Section 2) under Rule III on the Treatment of
internally with administrative penalties.37 Inmates with Special Needs provides for the strict separation of male and female quarters;
the prohibition of male inmates from female quarters; and provides that female personnel in
Domestic legal framework larger jails may be designated to keep the keys to female quarters and make these available
All penal institutions are governed by the 1987 Constitution. Among other rights, the Bill of at any time. It also ensures that only work “suitable to their age and physical condition”
Rights (Article II) guarantees respect for human dignity; due process of law; the presumption shall be assigned to female inmates.
of innocence; protection from torture and inhuman treatment for all persons; and equality
between men and women. Article II also provides for the protection of persons deprived of Among the neglected areas are comprehensive measures to protect women from gendered-
their personal liberty and circumstances under which personal liberty may be suspended. abuse at the hands of male staff (including the accompaniment of male staff by female
This includes the right to reasonable bail,38 and the application of habeas corpus – except officers), and from degrading treatment; and measures to identify and treat gender-specific
under charges of rebellion. Human rights guarantees for detainees, along with provisions health needs, particularly during admissions processes and among pregnant women
on the management, treatment and care of inmates in places of detention are also found and new mothers - and particularly regarding the disproportionate exposure of detained
in other laws such as the Anti-Torture Act of 2009, the Juvenile Justice and Welfare Act of women to gender-based violence prior to detention.42 The documents do not provide for
2006. Aside from these, the BuCor and the BJMP are governed by separate laws on their women’s specific hygiene needs, or their needs to remain closely connected with family
mandate and organizational structures, and separate manuals for operations. and children, and do not protect the equal right of women to work, and gain skills training
to help them on release into society. (For a thorough review of gender-sensitive provisions
The BJMP was founded pursuant to Chapter IV of the Republic Act No. 6975 of 199039 that in international law, see DIGNITY’s Main Study).43 However, the manual is currently and
mandates it with the direction, supervision and control of the administration and operation promisingly under review, and some of these gaps may therefore be filled to some extent.44
of all district, city and municipal jails. In practice, as noted above, the BJMP still shares its
responsibilities with the national police, although this was intended as a temporary and DIGNITY has also been able to obtain a copy of a BJMP memorandum issued in 2010,
short term arrangement.40 Section 63 of the Act provides for the immediate rehabilitation entitled Policy on Pregnant Inmates and their Infants, which governs the treatment of
of individuals or detention of prisoners, and guarantees the respect and protection of the pregnant inmates, women who just gave birth, and infants whose mothers are detained
human rights and spiritual and physical wellbeing of prisoners. The provisions are very in a BJMP jail. It is not clear to what extent this is circulated and implemented – no BJMP
brief, and are gender neutral. personnel referenced the policy during interviews – and this requires further investigation.
The memorandum also operates in a context which regrettably allows babies to stay with
The BJMP Operations Manual (Book II of the BJMP Manual) governs all facilities, and all their mother in jail for just one month, unless special permission is obtained. One absent
areas of operation, from commitment and classification to the release of inmates. While provision in the policy is Bangkok Rule 42.2 on child care facilities and relevant programmes.
prisoners are referred to consistently as he/she, the document gives little attention to the
However, the document is otherwise comprehensive in its detail and commendably
appears to have been drawn directly from the Bangkok Rules, with some amendments.
35  As provided for by the Magna Carta of Women (Republic Act No. 9710).
UN Country Team, Compilation Prepared By The UNCT In The Philippines’ Universal Periodic Review,
36 

May 2012. 41  BJMP, Treatment of Inmates with Special Needs, Rule III, Book II.
37  Interview with Balay staff. 42 In the context of the State’s duty to provide legal assistance, support and rehabilitation for such persons
38 Except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong under international law.
(Section 13). 43 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series
39  This is also known as the Department of the Interior and Local Government Act of 1990. on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014, http://www.
40  As per the Department of the Interior and Local Government Act of 1990. Bernadette Baquilod Alvor, dignityinstitute.org/media/1991156/wid_final_0814_web.pdf
Mildred, The Philippine Corrections System: Current Situation and Issues, 2005. 44  See section on reforms and development, below.

22 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 23
Its provisions for this group include the need for a separate room/cell; the prohibition of the Bangkok Rules. The memorandum guidelines integrate these standards thoroughly into
disciplinary segregation; an allowance for visits by an infant in the days after separation the management of the prison, along with additional measures to enhance the wellbeing
from the mother (only during visiting hours); and a special diet and dietary advice (subject of female detainees. These commendable guidelines are also the basis of regular internal
to the approved meal budget). Pregnant inmates must receive regular check-ups, and meetings and trainings at the CIW. The memorandum obliges:
provisions must be made to ensure a hospital birth, without instruments of restraint during
labour, delivery and immediately after the birth (but with such instruments permissible RR Recognition of the different needs of women;
during transport if necessary – which, if taking place during labour, contravenes the RR Capacity and willingness by prison staff to communicate openly with inmates and in
Bangkok Rules), and must be provided with medical services that the jail can offer at its a less authoritarian manner;
infirmary. The provision on hygiene stipulates, in the language of the Bangkok Rules, that RR Skills of prison staff, such as active listening, patience in explaining rules and expectations;
‘at least a regular supply of water’ for personal care be provided, but without obligation RR Awareness of emotional dynamics, and the capacity to respond firmly, fairly and
for warm water or soap. consistently; and
RR Recognition of the different needs of female prisoners, including those from different
It is important to noted that this memorandum and the operations manual above are cultural backgrounds, and provision of programmes and services that address these needs.
not issued with legislative authority and do not go through the same rigorous process of
amendment, and therefore do not amount to protection under the law. To ensure effective The memorandum also provides seven pages of operational guidelines, based on the
and sustainable protection of this group, these and other guidelines must now be drafted Bangkok Rules.47 The guidelines well recognize and respond to the needs and histories
into law and policy. that are particular to detained women. These include the development of alternative
screening methods to strip searches and invasive body searches, in order to avoid harmful
The BuCor took its original mandate – the rehabilitation of national prisoners serving psychological and possible physical impact; and the recognition that disciplinary sanctions
sentences of three years or more – from Book IV of Executive Order No. 292.45 It promisingly for inmates must never include a prohibition of family contact, especially with children. The
strengthened this aim in 2013 when the President signed Republic Act No. 10575, which guidelines, which include the development of strategies to provide gender-specific and
replaced an almost 100-year-old prison act.46 The new law aims to modernize the country’s individualized psychosocial and psychiatric support, ensure that part of inmates’ earnings
correctional system, and the BuCor institution, and to further protect the basic rights of are set aside as savings by the administration to be made available to the inmate on release.
inmates according to international standards. This includes providing for an increase in staff; The memorandum also commendably requires that: “The treatment of prisoners should
a raise in staff salaries; and a strengthening of training programmes under the Department emphasize not their exclusion from the community, but their continuing part in it”. It also
of Justice. The document is gender neutral except for Sec. 17, which obliges promotions urges flexibility and assistance for visiting friends and relatives, where needed. Gaps are few,
to be based on merit, and equal opportunity for women personnel. This Act led to the but include a lack of elaboration on the obligation regarding gender-sensitive programmes
formulation and launch of the BuCor’s Implementing Rules & Regulations (IRR) of RA 10575 for HIV/AIDS and substance abuse.
that are not yet available for analysis, and that had notably not been made available to
some BuCor staff during a follow up visit to the CIW in February 2015. These would serve as excellent guidelines for other institutions that detain women, and
their circulation is recommended [Annex I]. However, it is important to note again that these
However, the BuCor has a better record in addressing the needs and rights of women guidelines are not issued by the legislative authority and have not been adopted through the
in its operating procedures and regulations. Although the BuCor manual is not gender same rigorous process of amendment. Thus, the guidelines do not entail enforceable protection
sensitive, in 2013, the CIW Superintendent at the time, Rachel Ruelo issued, to all women’s under the law. Although the Superintendent is no longer directing the CIW (as of 2014), it is
correctional facility staff, a Revised Memorandum on Reintegration of Rehabilitation Programs important to ensure that these guidelines remain an integral part of its operation under the
and Prison Rules and Regulations for a Gender-Sensitive Prison Management [Annex 1]. management of a gender-sensitive director, and that they will be written into law and policy.
Superintendent Ruelo was herself an expert participant in the UN process that formulated

45  Sec. 26, Chap. 8, Title III. This is known as the “Administrative Code of 1987”) and was a consolidation 47 The areas covered include protection of inmates against any form of sexual harassment; physical and
of House Bill 6887 and Senate Bill 3335. mental abuse; body search of inmates; restraints; disciplinary actions; inmates’ activities and programs;
46  An Act Strengthening the Bureau of Corrections and Providing Funds Therefore into Law, also known healthcare; rights to counsel or lawyer’s visit; contact with the outside world; and preparation for release
as the Bureau of Corrections Act of 2013. and post-release support.

24 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 25
Recent reforms, developments and challenges guarded by male corrections officers. This has led to numerous allegations of cases of rape,
sexual abuse and other forms of gendered torture against women detainees.56 For example
Challenges in 2009, an NGO reported to the UNCAT Committee that ten percent of women detainees
The Philippines’ penal system as a whole faces many challenges, particularly in terms of surveyed in a recent study had had sex with jail officials prior to their transfer to the CIW,
resourcing; understaffing;48 overcrowding;49 fragmentation;50 a lack of comprehensive while in another study, four percent of 552 female jail inmates surveyed reported to the
and consistent rehabilitative programmes; and the high number of persons in lengthy DILG that they had experienced sexual abuse while detained, including seven rapes.57 The
remand.51 Regarding the latter, the Republic Act 10592 of 2013 was passed with a view NGO, Just Detention International, observes that this figure was severely underreported,
to ending excessive periods of pre-trial detention; reducing congestion; and releasing and that extreme overcrowding, lack of adequate supervision, and a culture of silence
those who have been detained pre-trial for the time equivalent to the length of the around sexual abuse, have exacerbated this issue.58
sentence with which they are charged. Yet according to officers, this has yet to be
implemented, and without a computerized system the law’s implementation poses a It should be noted that the extremely harsh drug-related penalties across the country,
challenge. Areas of concern, which are regularly raised by human rights bodies, also including for minor crimes, have caused the female detainee population to swell, with no
include the use of torture and ill treatment and sub-standard facilities or even a lack alternatives to detention on offer, except for those who are seriously ill.59 Drugs cases took
of basic facilities.52 up more than 50% of sentences at the CIW according to its records in October 2013, with
drug trials clogging the dockets of regional trial courts throughout the country.60 Many of
Torture takes place in prisons and pre-trial detention facilities53 and is particularly entrenched the women interviewed for this study had been in pre-trial detention for more than two
and systematic in police jails and military detention.54 In the smaller provincial jails, years, with one as long as nine years. Conviction rates are meanwhile low.61 Various other
accountability and adherence to human rights standards are reported to be particularly challenges were identified by DIGNITY’s qualitative research into jails and the CIW, and are
low, and are of urgent concern.55 included in the main findings of this report.

While provincial jails fell outside the scope of our qualitative research, it is nevertheless Reforms and developments
important to highlight the lack of basic safeguards for women in provincial jails, where Recent reforms and developments include the adoption of the Anti-Torture Law that
male and female inmates may be held together, and where female inmates are commonly recognizes torture as a separate crime and provides a number of important guarantees to
aid torture survivors seeking redress. However, few cases have reached the prosecution

48  The BJMP staff to inmate ratio on average was 1:46 in July 2013.
49  See UN Country Team Submission to the Philippines’ Universal Periodic Review, 2012, and UN Human
Rights Committee, Concluding observations on the fourth periodic report of the Philippines, adopted by
the Committee at its 106th session, 2012.
50  As noted by Baquilod Alvor, a state counsel in the Philippines’ Department of Justice, in the fragmented
set-up of the corrections system does not lead to sound management and results in functional overlaps 56  See UN Doc. CAT/C/PHL/CO/2, Committee against Torture, Concluding observations on the
and diffusion in the conduct of corrections and restoration activities. Baquilod Alvor, Mildred Bernadette, Philippines, 29 May 2009.
The Philippine Corrections System: Current Situation and Issues, 2005. 57  Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, inhuman
51  US State Department, 2013 Human Rights Report: Philippines, 2013. or degrading treatment or punishment in the Philippines (2009).
52 UN Doc. CAT/C/PHL/CO/2, Committee against Torture, Concluding observations on the Philippines, 58  Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, inhuman
29 May 2009; Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, or degrading treatment or punishment in the Philippines (2009).
inhuman or degrading treatment or punishment in the Philippines (2009). 59  In most jails, these make up the majority of charges (as high as 90%), and in the CIW they make up
53 UN Doc. CAT/C/PHL/CO/2, Committee against Torture, Concluding observations on the Philippines, just over half of the convictions; the remainder are largely economic crimes. Since the passage of the
29 May 2009 ; US STATE DEPARTMENT, 2013 HUMAN RIGHTS REPORT: PHILIPPINES, 2013. Comprehensive Dangerous Drugs Act (Republic Act 1965), there has been an increasing court backlog
54 UN Doc. CAT/C/PHL/CO/2, Committee against Torture, Concluding observations on the Philippines, of drug cases, due largely to the fact that plea bargains are no longer allowed. Penalties for possession
29 May 2009. and dealing range from 12 years to the death penalty; possession of between 10 to 50 grams receives life
55  JDI reports that local executives or governors are left to decide how these facilities operate and have imprisonment.
no interest in upholding the rights of detainees. Many custodial officers in provincial jails are untrained and 60  Interasksyon, To unclog dockets at RTCs, Sotto proposes drugs court, Ernie Reyes, 3 July 2013.
unqualified and are appointed by the incumbent governor. 61  Philippine Daily Inquirer, Only half of drug cases in court end in convictions, says PDEA, 14 July 2012.

26 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 27
stage and no convictions have yet taken place.62 As a recent party to OPCAT, the Philippines
is developing a NPM that will have the mandate to conduct regular visits to all places of and services inside the prison - from health to recreation - according to a structured
detention in order to strengthen the protection against torture and ill treatment. programme. In women’s prisons this role has the potential to fill important functions and
protect detainees’ rights – particularly as bridges between inmates and their children,
Recently, the BJMP has implemented and supported many early-release measures to families and communities, and as support in the case of economic or health problems.
reduce overcrowding. These have ranged from release on recognizance, probation, parole
and executive clemency63 - to programmes to monitor and help expedite court cases and The IWD officer also oversees a new and important programme: the Therapeutic
secure needed documents from the courts for speedy disposition of inmates’ cases.64 These Community Modality Program (TCMP).65 This model, which constitutes a promising
measures have not given special consideration to women as a group. practice, uses a system of mandatory structured activity, social group work, leadership
roles, trainings and privileges to manage and rehabilitate inmates detainees (although
Measures to improve detainees’ welfare have mainly included the creation of the Directorate many of these are being ‘rehabilitated’ prior to a conviction). It also aims to provide
of Inmate Welfare and Development; plans to build more modern facilities and hire more livelihood opportunities. The intention is for the TCMP to be developed and piloted for
staff; and the development and implementation (in some of the facilities that have sufficient all inmates in BJMP jails country-wide, and was in its first year of evaluation by a BJMP
space and amenable directors) of the Therapeutic Community Modality Program (TCMP). Working Group during the visit by DIGNITY. They were piloted in more jails for women
than those for men because these are often less congested and have more space for
activities. As of 2014, around 200 jails are implementing TCMP in varying degrees.66

The BJMP’s Directorate of Inmate Welfare and Development, However in practice, IWD staff are known to be under-supported and marginalized,
and Therapeutic Community Modality Program with no specific guidance on women’s welfare issues. Interviews suggested that many
struggle to provide individualized care. In the CIW, one officer cared full-time for 2,300
A major development in the field of welfare and rehabilitation for the BJMP was the inmates; she did so by giving priority to pregnant women, new arrivals, older and disabled
creation of the Directorate for Inmate Welfare and Development (IWD) in 2007, based on women, and the terminally ill. TCMP trainings and its manual are also not tailored to the
a memorandum issued by the DILG. This formalized and centralized the role of welfare needs of men or women specifically, and face some resistance by individual directors.
staff in response to the revision of the BJMP’s vision and mission to include development This is an area with much potential for development to fulfil and protect the rights of
alongside ‘safekeeping’. Rather than an original system of focal points, assigned officers are female detainees, if sufficiently gender-responsive.
now considered change agents, who must monitor and attend to welfare-focused activities

Some of these developments have included male and female inmates, with a few being
62  Implementation challenges have included resourcing, a lack of trained medical personnel and effective piloted in female facilities. This includes a micro-savings system that enlists inmates
witness and victim protection. BALAY, the International Rehabilitation Council for Torture Victims (IRCT) into the Social Security (regarding system for informal workers, see more in Section 7).
and the Medical Action Group (MAG), Torture and ill-treatment in the Philippines – Implementation of the
The BJMP has also moved to reduce overcrowding in women’s facilities by establishing
Anti-Torture Act, 2014; Amnesty International, Philippines: Five years later, no convictions under landmark
more detention centres exclusively for women, including two in 2009, located in Metro
anti-torture law, 10 November 2014.
Manila and in Cebu City, to which approximately 1,200 women inmates were transferred.67
63  CAT commended the release of nine per cent of the prison population by the BJMP during its 2009
review, although reiterating concerns about remaining congestion problems. UN Doc. CAT/C/PHL/CO/2, However on the whole, few if any recent developments have given specific and systematic
Committee against Torture, Concluding observations on the Philippines, 29 May 2009. JDI et. al noted that attention to women detainees as a group as a result of their sex and gender-related
the ongoing jail decongestion program by BJMP, using applicable laws, resulted in the release of more
than 3,500 inmates, enhanced by its implementation of the Juvenile Justice and Welfare Act (RA 9344)
of 16 May 2006, which, among other reforms, changed the age of criminal responsibility from nine to 15 See the Comprehensive Policy on the Implementation, Monitoring and Evaluation of the Therapeutic
65 

years of age. Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, Community Modality Training of the BJMP, http://www.bjmp.gov.ph/files/TC%20Policy.pdf
inhuman or degrading treatment or punishment in the Philippines, 2009. 66  Interview with BJMP headquarters staff.
64 Through this program, authorities released over 24,000 inmates from BJMP jails, US State Department, 67  Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, inhuman
2013 Human Rights Report: Philippines, 2013. or degrading treatment or punishment in the Philippines (2009).

28 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 29
needs. As noted above, the BJMP currently categorizes women among “inmates with completed for an estimated five to seven years, and more information is yet to be released.
special needs” rather than treating it as a category in itself. However, the findings of this study on the importance of contact with the outside world
(see Section 6), and Bangkok Rule 4 on allocation and location of detention should be
However, the BJMP Operations Manual is currently under revision and reportedly will treat taken into particular account, as well as inmates’ educational programmes and livelihood
women as a separate category. DIGNITY has also been informed that BJMP plans to integrate opportunities. 71
the Bangkok Rules into the revised manual, which will include special procedures for the
admission of female inmates. This is a promising step, although it has yet to be assessed In late 2013, DIGNITY was informed by the director of the CIW that discussions were
and more detailed information was not available. underway within the bureau on expanding the number of prisons for women, centring on
Iwahig Prison and Penal Farm. The director reported that a BuCor welfare goal at the time
According to NGOs, training remains an area in need of much improvement. Trainings in was to incorporate a women’s prison into every penal farm. Evidence of this approach,
human rights and communication is not comprehensive for BJMP staff and importantly, does other than the project above, remains to be seen. However, as detailed above, under the
not give consistent attention to welfare needs and gender-sensitive management of women command of its former gender-sensitive director, in 2010 the BuCorp’s main correctional
prisoners. This is despite the fact that the Magna Carta for Women mandates all government institute for women began to be managed according to a new series of commendable
agencies to allocate at least 10% of their annual budget to gender programming. These operational guidelines aiming at to bring the institute in line with the Bangkok Rules [Annex 1].
gaps are not filled by training from the Philippines’ Commission on Human Rights (CHR) or
NGOs, although some organizations have delivered ad hoc sessions in recent years. “We It should be noted that while various laws and amendments in the Philippines regarding
sponsored gender-sensitization training for the BJMP senior officials in the past few years,” violence against women and women’s human rights have been passed in recent years,
said one NGO personnel. “During it they told us that it was their first time. There’s a plan these have not given specific attention to women in detention, or led to systemic reforms
for generally for GAD (Gender and Development) but I don’t see it getting mainstreamed within places of detention.72 Regarding non-custodial measures, at the end of 2013, one
in the prison services. As I observe it, they are simply not gender-sensitive.” There remains law maker had proposed the drafting of a bill on the suspension of penalties for pregnant
an impression that issues relating to women detainees are largely marginalized, and, as women, and the CIW Superintendent was reportedly working on a bill relating to women
found by this report, require prioritizing. and mitigating factors in sentencing. Neither of these had been filed as of early 2015.

“When prison issues are discussed here, by organizations, by ministries... they’re

about men. You don’t find regard to the women’s jail system.” – NGO staff member

BuCor, in turn, has been criticised for its lack of progress in detention and working conditions
for staff since the law was passed,68 and public debate has taken place over the steps
required to ensure reforms. The provisions of the law had not yet been implemented in
February 2015, according to BuCor staff, except for a large scale initiative to hire more
personnel. However, a regional prisons construction project has reportedly begun, which
aims to address the shortage in correctional facilities, and modernize those available.69 A
71 An interview with one BuCor staff member revealed concerns that various rehabilitative programmes
plan has been approved that will transfer some inmates from the CIW to a prison in Nueva
would be disrupted and likely cancelled in the event of this transfer. These include education programmes
Ecija, around 300km from Manila.70 Yet for some female inmates, this could regrettably
and vocational training provided by nearby universities, and livelihood opportunities, which are created
result in a reduction in the quality of their conditions and their enjoyment of their human when business persons in Manila agree to take inmates’ handicrafts to sell outside of the prison. Staff who
rights in some areas. Concerns have been raised that due to the semi-remote location, do not want to relocate may also quit.
the prison will be situated far from services and support communities (such as civil society 72 These include the Republic Act 9710 of 2009 or the Magna Carta of Women and the Violence Against
organizations), and will be more difficult for most visitors to reach. The project will not be Women Act 9262 of 2004, under which, according to the State report to the Universal Periodic Review
process, Women and Children’s desks had been made operational in police stations, and interagency
Performance Standards and Assessment Tools for Services Addressing VAW have been developed, under
68  Yahoo, BuCor Chief Not Resigning, Says Reforms Will Work, 2014. The Philippine Commission on Women, which benchmark the quality and effectiveness of services
69  Manila Times, Reforms Long Overdue at Bilibid Prison, 2015. provided to VAW victim-survivors, including trafficked victims, to ensure gender-sensitiveness and needs
70  GMA Network, NEDA Board OKs transfer of Bilibid to Nueva Ecija, 23 Oct 2013. responsiveness.

30 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 31
Key Findings

What Matters Most?

“I live for those visits. When my son is brought to me I hold him tight and try to
understand how he sees me.”

One aim of this research project was to step outside of the human rights framework
momentarily and determine which issues impact female detainees in the Philippines the
most. While these findings are woven into our thematic chapters below on prison conditions,
this section gives an overview of these findings.

One of the strongest findings from the pre-trial facilities and the prison was the extent to
which the inmates rely on contact with, and information about, their children. This topic
would often see women, who had initially been composed, become emotional; cry; or
start to shake, move and fidget anxiously. Inmates and staff frequently linked instances
of depression and emotional challenges among female inmates with separation anxiety,
particularly from young children, and with being unable to fulfill what they see as their
natural caretaking and protective.

“If you would only see how the women cry when their small children are brought by
neighbours, even the toughest ones. I feel this is the source of their depression.”

A number of women indicated the trauma caused by giving birth whilst detained. They
spoke, sometimes very emotionally, about the acute stress, anxiety and guilt that they feel in
the prison environment as pregnant women. They worry - sometimes obsessively - about
the risk that their situation may cause their unborn or newborn children; about having
limited power to ensure their baby’s health; about who should take care of the baby; and
about how they can be sure that it will be safe.

Others - both convicted and non-convicted - dreaded the stigma and feelings of shame
that they expected to face once released back into society, partly because they are women.
“The dignity I upheld for my whole life crumbled,” said one inmate in her 60s, five years
into her remand. “The struggle with my predicament is how to face the society when I’m
out. Being a woman is damaged; your sense of female identity is damaged. There should
be a more human way of dealing with cases of women.”

DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 33

 “From my experience it is more difficult for women to belong to a group such as this The primary aim of this research has been to identify the major needs and risks that are
because usually women are not supposed to be incarcerated. They are supposed common to imprisoned women in the Philippines, and the way that this impacts them, in
to be the ‘weaker sex’. Men are gregarious, active and more expected to get into their own words, rather than to identify and expose conditions of detention in particular
trouble.” facilities. However, it has also been to find challenges and promising practices that are
common in the management of female detainees, with international standards as a
Other sources of frustration among inmates included issues of health and dignity, benchmark. As detailed above, this section has been researched and analysed using mostly
particularly pertaining to overcrowding, worries about nutrition and poor sanitary qualitative methodologies, framed around international standards for detention, with a
facilities. They also struggle with the lack of information about their cases, and the cost particular focus on the Bangkok Rules, and life story and narrative interviewing.
of making phone calls. Aspects spoken of with frequent appreciation were elements of
freedom and flexibility during visits and free periods, and the opportunity to be busy The scope of our research did not include police custody or provincial jails staffed by the
with activities and responsibilities. “Having a measure of control over their lives, being police. However, since both our review of human rights reports and our interviews with
able to get ahead in various ways, and the feeling of usefulness and industriousness is inmates in other places of detention raised this as a concern, and a strong basis for strong
so important, particularly for women here,” said one NGO personnel who works in the causes for further investigation, we have chosen to report the latter in a separate box,
mental health field. below. The indication of prior torture and ill treatment places particular responsibilities
at the door of the next receiving facility for an inmate, whether the BJMP or the BuCor,
Detainees’ uniformly considered visits from their families to be the greatest boost to under the SMRs.73
their spirits. While these are a source of connection and comfort, visitors also often
bring supplies to make detainees’ time in prison more bearable and dignified, particularly
nutritious food and medicine, and money to use on necessities. For the many women
who reported estrangement from families and abandonment by their husbands after Conditions in police custody
their arrest, this ‘lifeline’ is greatly reduced. Various prison staff and NGO staff believed
this abandonment and isolation to be a more common experience for detained women, Places of short-term detention governed by the police and the Drug Enforcement
compared to detained men. Agency (DEA) reportedly breach a range of international standards on detention
conditions – gender-specific and otherwise – while incidents of violence against
“Many husbands leave. We can’t provide what they want.” women and physical abuse are common.

In contrast, the greatest concern among staff was the struggle to meet women’s physical Few measures are taken to protect the human rights of women during their detention
and health needs, given the shortage of staff and facilities, and also the need to offer better in jails and jail cells run by the police or DEA. Although efforts are made to separate
livelihood opportunities and preparation for release. Some staff reported that the structure women from male detainees, limited facilities in police stations means that they may
of the Therapeutic Community programme made the welfare-oriented management of be confined to a precinct’s kitchen or administrative office,74 or not separated at all, at
inmates much easier. Discriminatory attitudes were also evident among staff, on occasion. great risk of sexual and other forms of gendered abuse. Few inmates interviewed had
More than one female senior staff member spoke about women as ‘feeble-minded’ in been supervised, even partially, by female staff during this stage of detention. Some had
contrast to men. been left for a number of days without information, food, medical, or outside contact
with families – some without the ability to contact young children – in violation of

Conditions of detention
73  Standard Minimum Rule 24.
This section presents our findings from interviews with detainees,; those who had recently 74  As noted in Commission on Human Rights of the Philippines, Human Rights Situation of the Philippines
2012. It should also be noted that although ‘Women’s Desks’ became a mandatory service in each police
been released from detention; and personnel working with BuCor, the BJMP, NGOs and
station in 2008, yet these are dedicated to cases of domestic violence, and few women interviewed had
faith-based organizations.
benefited from gender sensitive treatment. Many had been arrested and detained by the Philippine Drug
Enforcement Agency, which has no such desk.

34 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 35
 the most basic international standards. Cells were described as dark and dirty, with men.76 As the Kyiv Declaration on Women’s Health in Prison notes, it is not uncommon
old mattresses, cartons, or only the bare floor to sleep on, with running water only for a woman to enter detention — separated from her family and in a state of great
sometimes accessible. anxiety — and on receiving her first health check in a long time, find that she is both
pregnant and HIV positive.77 To protect and fulfil the rights of women in detention,
Human rights reports and interviews by DIGNITY with NGOs have indicated that women receiving staff must implement classification methods that address these needs and
commonly experience rape and other forms of violence while detained by police [See circumstances, and ensure that plans for their rehabilitation are effective, individualised,
National Context, above], although these incidents are commonly underreported, and and allow for their reintegration into society. Staff must be trained and gender-sensitive,
this treatment was not reported from our interview sample. A few detainees spoke of and admissions processes must attempt to reduce stress and orient women in ways
seeing the torture of male detainees, and one woman was threatened with extrajudicial that they understand. This extends particularly to the use of search procedures, and
execution during her arrest by the DEA. Other inmates experienced inhuman or allowing women to arrange for the care of children left outside, two areas that caused
degrading treatment in police custody, such as verbal abuse and harassment, both with the most distress.78
and without gendered overtones. These short term facilities require immediate review
and reform in line with the Bangkok Rules, SMRs and other international standards. Given
the large proportion of women who are detained for drug offences, this is particularly International standards on admission and classification of prisoners are found in Art. 10
critical for the DEA. of the International Covenant on Civil and Political Rights (ICCPR), while standards to
combat discrimination against women are found in UN Convention on the Elimination of
Discrimination Against Women (UNCEDAW). These legally binding international provisions
are further expanded in soft law standards in the SMRs (Rules 8, and 67-69, and Rules 2
(non-discrimination), 6-11, and Rules 93-94 in the revised SMRs), the Body of Principles
(Principles 24-26) and the Bangkok Rules (Rules 35, and 40-41).
1. Admissions and classification
Admissions practices meet certain international standards while breaching others. A BJMP guidelines on admissions screening require a thorough medical examination, but also
lengthy confinement process causes particular concern in the context of ill treatment allow receiving officers to instead perform a basic physical check when this is not possible.
and inmates’ basic freedoms, while resource challenges were found to promote gaps This was often found to be the case, contrary to SMRs 24. Gaps were therefore evident,
in screenings. including in the areas of sexually transmitted diseases and HIV testing, and mental health
screening. For example, one inmate told us that her medical records were not accessed
from her doctor when she was arrested while eight months pregnant, and then subsequently
Global perspective gave birth while detained. DIGNITY was informed that staff do ask and physically check
For many women, the first days and weeks are among the most distressing and traumatic new arrivals for signs of abuse during medical examinations, as well as test for pregnancy,
of their time in detention. This is particularly so for those from societies in which spheres in line with the Bangkok Rules.
for women are smaller, and limited to their families and communities. There is a fear
of the unknown and a strong sense of helplessness, shock and shame. Research has In prisons and jails the practice of confining and isolating new inmates in a communal
suggested that suicide and self-harm are a particular risk for women at this time.75 ‘holding facility’ for between one and three months was observed. This is intended
to ‘debrief’ and prepare them for prison life, and to identify signs of substance abuse.
Given the common backgrounds of women offenders in much of the world as mothers,
as well as victims of abuse and substance abusers, their needs on entry to detention
and in the planning of their rehabilitation are different and arguably greater to those of 76  Jenni Gainsborough, Women in prison: international problems and human rights based approaches to
reform, William & Mary Journal of Women and the Law, vol. 14, No. 2 (2008), pp. 271-304.
77 United Nations Office on Drugs and Crime & World Health Organisation (UNODC & WHO), Women’s
health in prison: Correcting gender inequity in prison health, 2009.
75 UNODC, Drug Abuse Treatment Toolkit, Substance abuse treatment and care for women: Case studies 78 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series
and lessons learned, United Nations, New York, 2004. on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014.

36 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 37
During this time an orientation is most often given to the group by a senior inmate.
Although some inmates appreciated the slow introduction to the prison regime and impact on women in detention compared to men.80 Research, including that by DIGNITY,
environment at an anxious time, for others the procedure appeared to have a variety has highlighted the harmful consequences for women in detention, whether the shame
of harmful effects, and blocked various rights. In some cases inmates were in crowded of inmates as they struggle to keep themselves clean during menstruation or after giving
cells/dormitories for 23 hours per day, denied basic freedoms such as regular telephone birth, or the fear, guilt and helplessness felt by mothers when they are unable to keep
calls,79 and kept from activities. Cells would be left only for visits (the hours of which children who live with them clean and healthy.81 Such poor conditions can also leave
were restricted compared to regular inmates), court hearings and religious meetings, women vulnerable to exploitation and abuse, if, for example, they must barter sexual
and in some cases visits from children were also restricted. Some inmates report that acts for basic provisions.82
being so confined increased their anxiety and depression. One senior staff member in a
pre-trial facility suggested that the women needed to “learn and condition themselves
in the first period” not to see their children so often. This is a possible source of harm International standards relating to detainees’ physical and material conditions of
for women and their families at an anxious and turbulent time, and stands at odds with detention can be found in the umbrella provision in Art. 10 of the ICCPR, while standards
Bangkok Rules 23 and 26. to combat discrimination against women are found in UNCEDAW. This protection is
further strengthened by soft law provisions in Rules 9-20 of the SMRs (Rules 12-22 of
While dormitory sizes differ, there is a positive practice of classifying and grouping women the revised SMRs, as well as Rule 2 (non-discrimination)), while Bangkok Rule 5 and its
by religion, age, and even educational pursuits, with flexibility on request. Convicted and Chapter II on rules applicable to special categories of prisoners now strengthen this
remand inmates are often but not always accommodated separately. Women mingle freely protection with gender-sensitive provisions.83
during communal hours.

According to national actors and prison staff the conditions in larger women’s institutions
tend to be cleaner and better cared for by inmates compared to those for men. Yet they
are also likely to be very cramped, short on budget and staffing, and not fully within the
2. Physical and material conditions confines of the ‘clean, comfortable, and hygienic’ accommodation of the SMRs. Conditions
in the CIW are less crowded, better maintained and more open than most of the remand
Some facilities excel in staff effort and attitudes, but fall short of international standards, jails visited for this study, although some women are still required to share single bunks,
particularly on personal hygiene and gender-sensitive provisions. Overcrowding, a lack and the number of sanitation facilities are not sufficient for such a large group.
of sufficient space, sanitary installations, beds and free sanitary products and hot water
create a challenging environment for female detainees. “We struggle to fill even their basic needs. We have P50 (approx. USD 1) per day
each. What can we provide with that?” – Senior officer

Global perspective DIGNITY visited a remand jail in which over 500 women were sleeping in two dormitories
Every detainee will be profoundly affected by their physical environment, from the that were built to accommodate about 150 people. Beds here are a privilege that women
amount of light that they get, to the quality of the food and cleanliness of cells. Yet, often earn through status or payment; others will sleep on the floor on cardboard boxes or
some conditions or deprivations can be more common among particular groups, and linoleum. In one facility inmates reportedly pooled their earnings in order to buy linoleum,
can be experienced in different ways, depending on the identity of the prisoner. so that those who slept on the floor would be more comfortable. Some facilities have no
beds at all, ostensibly to reduce the impact of bed bugs.
In 2008, the UN Special Rapporteur on Torture raised the bar for the protection of women
by introducing a gender-sensitive interpretation of torture. In the context of detention,
he acknowledged that poor hygiene, among other conditions, can have a more adverse 80  UN doc. A/HRC/73, para 41.
81 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series
on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014.
82  Ibid.
79  In one facility we were informed that women are not allowed to use the telephone for the first month. 83  Ibid.

38 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 39
In pre-trial jails this was reported as a problem by inmates for women who are pregnant or Regarding the social climate, officers and detainees in a variety of facilities described a largely
who have recently given birth and are housed together with other inmates. By contrast, in neutral or positive relationship between them, and a busy, high functioning atmosphere.
the Manila CIW such women are provided with a comfortable and clean ‘mothers’ ward’ in “Community feeling can’t be attained here easily because of our different backgrounds,” noted
the clinic, with beds, access to healthcare staff, and toys. Women are generally permitted one young inmate, describing the benefits of the Therapeutic Community structure, in which
to keep children with them for one year, extended occasionally to three years, according groups of inmates are responsible for particular tasks [see more in Section 7 on work, education
to the former Superintendent. Here however, loneliness is a concern, since they are largely and recreation]. “But in my brigade we’re active, and little by little it helps.” In one best practice,
barred from mixing with other inmates, ostensibly to protect the health of the child (see staff at the Manila CIW have been directed by memorandum to make a special effort to deal
more in section 4 on mental healthcare). There is a special dormitory for elderly women personally and sympathetically with inmates, with “awareness of emotional dynamics.”
and women with disabilities where fellow inmates also serve as caregivers and assistants.

“It’s not easy to fall asleep, we sleep here like sardines. In your mind you just wish
you could be hugging your kids goodnight.”
Torture and Cruel, Inhuman or Degrading Treatment
Areas that women struggle with include degenerating bathrooms, a lack of cleaning or Punishment
materials, shortages in soap, access to hot and running water and other sub-standard
conditions relating to sanitary installations and personal hygiene.84 Many of these fall short As detailed in our section on National Context, torture and ill treatment is an urgent
of the SMRs, as well as the provision on gender-sensitive hygiene in the Bangkok Rules. In problem in many detention facilities in the Philippines. In 2009 the Committee on
some facilities, for example, both sanitary towels and hot water were charged for. Torture expressed serious concern at the numerous allegations it had received of rape,
sexual abuse and torture committed against women detainees by the police, military
Various positive aspects contribute to the dignity of female inmates in the Philippines. This and prison officials and personnel, and the detention of women with male inmates and
includes the freedom to roam around inside and outside spaces for much of the day. These guards in provincial jails.86 During interviews for this study, some detainees spoke of
spaces varied widely among facilities: in one there is a well-kept garden landscape with feeling unsafe and intimidated during the arrest process, among police, including being
brightly painted concrete bungalows and an outside communal dining area, while in a smaller taken to secluded places and being threatened with harm, although none reported
urban jail there are just four large, dim, high-ceilinged rooms, with high windows and an being physically harmed. NGO staff informed DIGNITY that sexual violence or coercion
enclosed roof space for activities. DIGNITY observed that women are allowed to own and is used commonly during this stage to women who are vagrants or sex workers.87
use body care items and cosmetics – including access to tweezers and scissors under the These incidences nevertheless remain under-reported, due to feelings of shame, fear
supervision of staff — and can sport various hairstyles; many inmates appear to take care of reprisals, and impunity.88
and pride in their appearance, and this contributes to their sense of dignity. They are also
generally able to visit a prison shop daily to buy snacks and hygiene products. Attention is Reports of torture were not received during research among the four women-only
given to creating a nutritionally balanced diet that varies by day and by month and the same facilities visited. Cause was given for concern, however, by inadequate measures to
meals are reportedly shared by staff. However reports and campaigns in the Philippines have separate male staff from female inmates in at least one facility, indicated by reports
also alleged poor condition and implementation gaps regarding food, generally.85
Healthcare staff noted that the nutritional needs of women who are pregnant, breastfeeding
or who recently gave birth are considered and systematically responded too with changes 86 Committee against Torture, Concluding observations, The Philippines, 29 May 2009, UN Doc. CAT/C/
in diet, although some inmates in the same facilities disagreed with this. PHL/CO/2 Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel,
inhuman or degrading treatment or punishment in the Philippines, 2009.
87  See also Just Detention International, Sexual Violence in Philippine Detention Facilities, 2009, Women
84 In some prisons women had access to formal bathing facilities whereas in others two women shared in prostitution and trafficked women are particularly at risk for violence at the hands of government officials
one pail of water for bathing. since being part of prostitution gives space for undue discrimination by law enforcement agencies.
85 A recent article noted that there is a P50 (USD1) food budget allocated by BJMP, which changes 88  Current and former inmates, corrections and prison officials, and NGOs agree that it is fear, shame, and
each month, and is approved by the prisons’ National Food Service Council. As of January 2015 this a belief among inmates that no help is available that prevents survivors of sexual abuse from speaking out
was still the case. See Philippine Daily Inquirer, Three Meals, P50. The Joy of Cooking: Priceless, 3 about their experiences. See Just Detention International (JDI) et al., Joint Civil Society Report on torture
November 2013 and also Philippine Daily Inquirer, Food for Sica detainees ‘inferior’, 6 December 2013. and other cruel, inhuman or degrading treatment or punishment in the Philippines, 2009.

40 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 41
 of sexual relationships between them [see section 3 on safety and security]. While arbitrary use of solitary confinement – even in response to self-harm. To prevent this,
indications of cruel and inhuman treatment were generally few, reports of shackles being required responsive measures range from gender-sensitive admission, complaint and
used on pregnant women during transport to hospital and possibly at the hospital,89 and investigation processes, to the training of staff in gender-sensitive communication and
of prolonged disciplinary confinement of up to six months indicated breaches of human security approaches, in line with human rights obligations.
rights standards [section 3], as did reports of inappropriate and harmful responses of
officers to self-harming by inmates [see section 4 on healthcare].
International standards on prisoners’ safety and security are found in a range of
international human rights treaties, notably the ICCPR, the UN Convention Against Torture
(UNCAT), and the Convention on the Rights of the Child (UNCRC). UNCAT provides the
main yardstick for the responsibility to protect detainees from gender-based violence,
which covers mental, physical and verbal forms perpetrated by States, and also acts
3. Safety and security of violence by other detainees, if prison officials have failed in their responsibilities to
protect. To neglect this responsibility is also a violation of UNCEDAW, as acknowledged
Findings on gender-sensitive security measures were generally positive in the visited by its General Recommendation 19 and reiterated in a raft of soft law documents, such
facilities in areas such as segregation of the sexes, and search and disciplinary practices. as the UN Declaration on the Elimination of Violence Against Women.91 This protection
Causes of concern included the reported excessive use of prolonged confinement, the is further boosted for detainees by soft law standards in Rules 27-34 of the SMRs (Rules
use of shackles on pregnant women, and possible sexual contact between inmates and 1, 36-54 and 73 of the revised SMRs) and Rules 22-24, and 31-32 of the Bangkok Rules.
male staff — particularly among women without outside support or adequate livelihood
opportunities. The authority wielded by untrained inmate leaders is also a cause for
concern and consideration. In line with international standards, women were separated from male inmates in the
facilities visited, although in one small prison there were rare crossover activities, such
as dance classes or Bingo games. These could lead to romances via letter or phone, but
Global perspective were strictly monitored, and largely appreciated by inmates. However, this key protection
The SMRs require States to ensure that prisons are secure, safe and well organized. Yet is not afforded in all places of detention for women. NGO staff spoke of at least one small
implementation gaps remain, and discrimination and gender norms influence the kinds remand jail in which female inmates are able to form and sustain physical relationships with
of abuse and exploitation that detained women face globally. This ranges from their male inmates. Details were scant, but caused considerable concern for the welfare of the
experience of security measures and discipline, and their sense of insecurity and fear, to women involved and the risk of exploitation or ‘survival sex’. “It’s because the [men] can
their ability to respond, and achieve change or justice.90 Meanwhile, since the structural earn money,” said one interviewee. “Women can earn money too, but I think males have
and discriminatory causes of violence against women can reach into and be magnified better access with manly activities like carpentry. Women are limited to baking, making
in places of detention, it is important to understand and prevent the different types, bags or candles, which is not that profitable.” This highlighted discrimination in earning
frequency and impact of this abuse, and to stress the obligations of States to do so. between the sexes as a significant risk factor for female detainees.
There is a female warden and a mostly or fully female staff in all the facilities visited. While
Even where facilities comply with international standards on separating male and female some facilities, such as the CIW, had a strict policy of monitoring and accompaniment
detainees and successfully prohibit violence, female detainees may still face abusive for all male visitors inside the facility, including religious leaders, this was less apparent
treatment and attitudes from staff, including degrading search procedures and the

91  Article 2 of the latter provides that violence against women shall be understood to encompass, but
89  Rule 24 of the Bangkok Rules provides that instruments of restraint shall never be used on women not be limited to, the physical, sexual and psychological violence perpetrated or condoned by the State,
during labour, during birth and immediately after birth. This would include transfer to hospital, if the wherever it occurs. In UN Resolution 61/143 of 19 December 2006, entitled Intensification of efforts
woman is considered to be in labour at this point. to eliminate all forms of violence against women, the General Assembly urged States to take positive
90  Baker, Jo, Women in Prison: The particular vulnerability and risk of abuse, Essex Human Rights Centre measures to address structural causes of violence against women and to strengthen prevention efforts
Blog, 30 September 2014, https://blogs.essex.ac.uk/hrc/2014/09/30/women-in-prison-the-particular- addressing discriminatory practices and social norms, including with regard to women in need of special
vulnerability-and-risk-of-abuse/ attention, such as women in institutions or in detention.

42 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 43
elsewhere. DIGNITY encountered male medical, security and welfare staff in BJMP facilities In one facility an incident (an escape) had resulted in most inmates being confined to
who appeared to be under less rigorous surveillance. Researchers were informed of sexual their cells for months, indefinitely. Detainees were let out to receive visitors, for an hour of
relationships taking place covertly between female inmates and male staff in one facility. As exercise each day, and for Therapeutic Community meetings once every few days. However
above, inmates and NGO staff linked these relationships with limited livelihood opportunities morale was found to be very low, and the cells were small, with much less personal space
for women, particularly among those who have no outside support.92 This was not raised as than that called for by the SMRs. “We call it ‘Buryong’ or Boiling Pot,” noted one NGO staff
an issue of grave concern by inmates interviewed, but this may have been due to the risk of member. “Inmates become depressed, anxious and questioning about themselves. It creates
reprisal. As one inmate acknowledged, quietly: “It’s a secret subject... The walls have ears.” agitation and disharmony, in a sense, undoing any rehabilitation.”

“Some women are forced into that kind of situation because they feel desperate. “The padlock on our cell is a nightmare. We can’t wash our clothes properly, we’re all in
It’s a way out – holding on to something, even thoughts it’s dangerous. We have a an emotional state. We didn’t’ feel so much like prisoners before, but now we do.”
phrase in the Philippines: ‘it’s like holding onto a knife, for your life’.” – NGO staff
member “I feel weak when we’re not able to go out of our cells. We old women need
exercise because of our joints. We can’t just be locked in here.”
Search procedures appear to be well regulated by both the BJMP and BuCor systems,
and commendably in line with international standards. Clear and detailed guidelines have As with many prisons across the world, senior inmates in the Philippines take on much of
been issued on strip and visual cavity searches, such as the need for authorization and the control and management of their peers, and a hierarchy is encouraged and facilitated by
private well-lit venues. Only low security pat-down measures tend to be employed on staff. This is often a direct result of understaffing,93 although may also have been integrated
inmates and their visitors, while a waiver and information document is used for visitors if a into the leadership element of the Therapeutic Community programme – this was not clear.
strip search is ever required. No complaints were made to DIGNITY in this area. However, Appointed ‘Mayors’ or dorm officers, who are in some cases elected annually by inmates
we were concerned to hear from senior officers about the practice of using restraints on themselves, become a buffer between detainees and staff. They resolve inmates’ issues,
some pregnant women during hospital visits, possibly during labour (but not during the deal with administrative and medical requests, and hold some power over privileges like
birth itself), which would be a breach of the absolute prohibition of inhuman and degrading bed allocations and work duties.
treatment and others specific standards on detention.
As part of the Therapeutic Community programme, leaders are appointed in various areas,
The disciplinary procedure was well governed and systematized in the facilities visited. from monitoring ‘correct and respectful speech’ to neat clothing and cleanliness. In return
Punishments are officially carried out by Disciplinary Boards, which tend to involve a Deputy they may receive an allowance (P100 per week, equivalent to USD 2.25), a better bed and
Warden and staff from the paralegal, operation and welfare divisions, as well as an inmate some supplies from other inmates. DIGNITY observed that leaders were often but not always
representative. Inmates are able to speak in their defense, and the practice was generally the stronger or more wealthy individuals, but also positively included quieter women, and
appreciated by the detainees interviewed. Some punishments were in line with international sexual, religious and ethnic minorities. Those interviewed rarely commented or complained
standards, such as cleaning, and short periods of confinement alone, though often within about this system and some felt empowered by it. It should be noted that such systems
sight and earshot of other prisoners. However, DIGNITY was also informed that confinement of government are accepted by the SMRs, but with emphasis that these not stretch to
for some infractions, like fighting, could be excessive. We heard of confinement cases for disciplinary duties.94 While this may allow for closer attention and care for detainees in an
as long as six months, during which inmates are reportedly not allowed phone calls or understaffed environment, leadership, gender and other trainings, and close monitoring of
visitors, and rely on others to deliver food to them. Other examples were heard in which ‘mayors’ would prevent gender specific risks and abuse, such as barriers to health care or
women had lost their right to calls and visits. This is a breach of the prohibition on inhuman advice. For example in some facilities non-senior inmates are worryingly only allowed to
and degrading treatment, and carries gendered implications for the welfare of the women approach staff through their mayor (see more in section 5 on information and complaints).
and their families, as highlighted in the SMRs and Bangkok Rules.

93  According to 2013 BJMP statistics, this hovers around 1:46 but dips as low as 1:77. It should be noted
that in one 500-woman facility visited, there were just five security staff, one nurse, a few administrative
92 In one facility DIGNITY was informed that male security staff also paid particular ‘trustees’ among personnel and the officer of the day per shift on duty.
inmates who did their laundry, prepared food and coffee, which could be a gateway to such arrangements. 94  See Rules 28.1, 28.2.

44 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 45
Incidents of violence were not reported from within the prison or jail system, other than
rare fights between inmates. order to protect their fundamental human rights.99 Meanwhile, binding obligations to
actively combat gender inequality mean that prison officials must work to improve the
level of health knowledge and care histories of women, due to gender barriers in their
communities. As recognized in the commentary to the Bangkok Rules, women often
4. Healthcare arrive at prison with greater primary health-care needs compared to men.

Healthcare was a primary struggle in all the facilities visited, due to an acute shortage of It should be noted that the highest indication of depression and the lowest sense
medication, staff and facilities. Large gaps were indicated in general and gender-specific of morale have been found by DIGNITY’s research to exist in prisons where more
treatment, particularly mental and reproductive health, and specific care for substance authoritarian structures and negative relationships between staff and inmates were
abusers, pregnant women and new mothers, and victims of gender-based violence. Some reported, and in which women felt stigmatized and isolated from caring relationships.
steps were being taken to build a semi-therapeutic environment. Welfare officers could Meanwhile, inmates’ morale and sense of identity appeared much better in facilities that
fill some of these gaps if they were given more support from their bureaus. connected them with the outside community – from NGOs and spiritual organizations
to family members and children — and gave them tools to cope, communicate and
prepare for the future.100
Global perspective
Health is a fundamental human right for all. Yet in most countries, largely due to the
living conditions and lack of preventive healthcare in places of detention, prisoners suffer International standards include the basic principle on the right to health that is found in
from poorer health than the general population (particularly mental health diseases and Art. 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR),
infectious diseases, but likely also non-infectious diseases and cancer).95 supplemented by Art. 12 of UNCEDAW. These rights are further expanded in a wide range
of soft law standards in SMRs 22-26 on prison healthcare (Rules 24-35 and 42 of revised
This is especially so for women. Studies have revealed that women have higher prevalence SMRs, as well as Rule 2 (non-discrimination)), and Bangkok Rules 6-18.
than men of most diseases, including mental health illness, HIV, hepatitis and cancer; and
that rates of deliberate self-harm in the year preceding imprisonment,96 and during prison,
is much higher among women than among men.97 In her 2013 report on pathways to and The prison population in the Philippines has greater health needs and worse health
consequences of detention for women, the UN Special Rapporteur on violence against provisions than the community as a whole,101 and the government budgets for around
women highlighted the vulnerability of women to psychological distress, substance P5 (USD 0.1) per prisoner per day for health care.102 DIGNITY was informed by healthcare
abuse, personality disorders, histories of abuse and self-harm.98 staff that facilities for men and women (particularly in BJMP jails) were under-stocked,

International standards have recognized that the different risk factors and backgrounds
of women must be responded to with a gender-specific framework for healthcare in 99 UNODC, Handbook for Prison Managers and Policymakers on Women and Imprisonment, United
Nations Office on Drugs and Crime, 2008.
100 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series
on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014.
101  This is acknowledged by the Prison Reform Trust, and a recent medical study into prison health
95 The higher prevalence of disease among prisoners is due to living conditions in the prison, including conditions in the Philippines, which notes that the prison healthcare system “should focus not only on
high risk of transmission of infectious diseases (overcrowding, sharing of needles), less access to effective the curative, but on the preventive and promotive aspects of nursing by employing more comprehensive
health care, and intake of prisoners who already suffer health problems. See more in Fazel S. Baillargeon J. programs for the community in prison. These include conducting regular check-ups, keeping updated and
The health of prisoners. The Lancet 2011; 377:956-65. accurate medical records, as well as encouraging responsible individual health care. In the field of Nursing
96  Ibid. Education, the researchers highly suggest the inclusion of prison as one facet of Community Health
97 Hawton K, Linsell L et al. Self-harm in prisons in England and Wales: an epidemiological study of Nursing, since it is actually a part of the society though often neglected.” P 69 Blood Pressure Behind Bars:
prevalence, risk factors, clustering, and subsequent suicide. The Lancet 2014;383:1147-54. A Descriptive-Correlational Study Of Lifestyle Factors And The Increase In Blood Pressure Among New
98 UN Doc. A/68/340, Report of the Special Rapporteur on Violence Against Women, Pathways to, Bilibid Prison Inmates, Clute Institute International Conference, March 2012, Bangkok, Thailand.
conditions and consequences of incarceration, 21 August 2013. 102  ABS CBN News, Gov’t spending P 64K/year per prisoner, 26 May 2011.

46 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 47
with only basic medication available, such as painkillers, low grade antibiotics, analgesics facilities do not have full equipment for pre-natal care, such as ultrasound machines,
and anti-spasmodics. Some lacked any medication for hypertension, diabetes or asthma, and most women are taken to government hospitals for final check-ups, and the birth.
or supplements for iron deficiency – the latter being a common complaint among female Yet DIGNITY was informed that pregnant women may have to pay around P450 (USD10)
inmates. Most facilities lacked specific treatments for substance abusers, even though for lab tests and medication, and that there is little or no aftercare. One woman spoke of
a majority of women in remand are convicted of drug-related crimes.103 Clinic space in relying largely on warm water and help from inmates to heal after labour. This is particularly
the BJMP facilities was also very tight,104 with inpatients sometimes needing to sleep on problematic in facilities in which hot water is charged for, and a serious violation of the
make-shift beds and benches. One facility for over 200 women featured just one clinic right to health. A few inmates spoke of not being able to get the traditional medicines that
bed. There is a full 30-bed clinic wing in the CIW. they would usually use to heal, although CIW staff report working with NGOs and service
providers to try and source provisions for such women.
“All we can provide is security, food and shelter. If we didn’t have outside help from
NGOs, religious groups, I don’t know what we’d do. They need much more medical “It was my first baby. I had stitches. Fellow inmates advised me on how to take care
and emotional care here.” – BJMP welfare officer of them, and we can heat water here. It wasn’t easy. I coped.”

Staffing is a considerable problem. Among BJMP jails there is often just one duty nurse in According to one superintendent, restraints are sometimes used on pregnant women in
each facility. Other roaming doctors and nurses, who cover regions made up of several hospital if they are ‘high risk’, although not during the birth itself. This breaches a range of
provinces, visit facilities anywhere from four times per week to just a few times per month. international principles and conventions.106 Because a court order is required for hospital
In some cases officers who are nursing graduates are instead reportedly required to attend visits in all but emergency cases, transfer delays can stretch from three days to a number
to medical issues, whether fully certified or not. Inmates are sometimes used as assistants of weeks, with potentially harmful consequences.
with tasks such as looking after the medicine supply and treating wounds.
Mental healthcare
One gendered gap is found in the reporting process. Because women are usually required
to first report their health concerns to a cell leader and duty officer, this has led to common “Almost all the women here are mothers, and a lot have maltreatment and
yet embarrassing conditions being underreported, with potentially harmful consequences. molestation in their histories. I can look around this room and count more than ten
“Women keep STDs (sexually transmittable diseases) and UTIs (urinary tract infections) to women who have been raped at one point in their lives. Some have been prostituted
themselves,” noted one health worker. “It’s the Filipino culture.” Preventative health care such by their families. This is a glaring pattern and drug use comes in and makes this a
as HIV tests and Pap Smears are rarely performed, while hepatitis screening appeared to be vicious cycle.” — Prison healthcare personnel
more regular. 105 Health education is minimal and not systematic or resourced, although
some nurses may offer seminars on their own initiative. Given the disproportionate need among women generally for mental health support and
care, very little has been made available in place of detention for women in the Philippines.
Some pregnant or formerly pregnant women reported regular check-ups from a prison Facilities do not meet Bangkok Rules 12-13 on mental health care. There is a great shortage
midwife, or via NGO assistance, which sometimes plugs care gaps. But DIGNITY spoke to of psychological staff, and inmates in obvious need of care are sometimes referred to
at least one woman who received no check-up or blood tests, when arrested less than a the National Centre for Mental Health; this reportedly tends to require a court order and
month before her due date, and detained during and after labour, despite comprehensive severe symptoms of mania. While one woman’s jail benefitted consistently from a staff
BJMP policy on pregnant inmates [see section above on the legal framework]. Onsite member with psychiatric training, she also carried out custodial duties and has found that
the two are difficult to reconcile: she was unable to gain inmates’ full trust and treat them
effectively, and had too little time to try. “I think a psychologist would help us,” said one
103  In most jails, drug charges make up the majority of charges (as high as 90%), and in the CIW they make inmate at the same facility. “But they need to approach and ask us if we want help, not just
up just over half of the convictions. Interasksyon, To unclog dockets at RTCs, Sotto proposes drugs court, say hello and expect us to ask. Many women wouldn’t do that.”
Ernie Reyes, 3 July 2013; Philippine Daily Inquirer, Only half of drug cases in court end in convictions, says
PDEA, 14 July 2013.
104  In one facility for over 200 women, there was one clinic bed.
In one city, we were informed that the City Health Office offers tests to some of the higher risks
105  106 See Articles 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR), Article 16 of
inmates, but not on a systematic basis. the Convention Against Torture (CAT), SMR 33 and Bangkok Rule 23c. 

48 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 49
 “To be taken away from children and family? That’s a kind of torture for women in officer.107 The programme aims to teach responsibility, good behaviour and communication
the Philippines, more than men, especially younger women with smaller children.” skills within a framework of mandatory activity, referred to as a more ‘community-like’
— NGO health worker environment. This starts with a morning meeting, and carries through — via duties and
activities — until early evening.
“You see depression, certainly. The women are far from family, with no normal
life.” — Welfare officer While this study did not make a thorough assessment of the programme, researchers
notably found detainees to be generally more active, hopeful and engaged than female
Depression was visible and referred to regularly during interviews, often in relation to inmates encountered during research in various other countries.108 “It helps because it’s
separation from families and children. This was also acute among women who had given about looking into yourself, why you are here, and how you should be responsible for
birth in prison but did not keep their children with them. Yet no particular programme or each other,” said one inmate. “You feel an enthusiasm coming from the women,” noted
treatment is offered for signs of post partum or other forms of depression. In the CIW, one healthcare personnel, describing the morning TC Meeting. “You see them learning to
where pregnant women and new mothers are separated from other inmates, and not express problems in a constructive way, show off their talents and build their confidence
able to join communal activities, this appeared to be a particular risk. and presentation.”

Issues of violence and trauma were not often discussed by inmates. According to Nevertheless, the programme operates without strong guidance or input from trained
health workers however, these tend to be very common, are not freely spoken of, and counsellors, and is not a sufficient replacement for specialist mental healthcare. Importantly,
require significant treatment in order to address the related trauma and shame. DIGNITY the TCMP training and manual are not yet designed for the different needs of men or women
encountered one woman in remand jail who had received no special treatment or attention specifically. As noted above in the section on reforms, this offers a valuable opportunity for
although she suffered from learning difficulties and had experienced near-lethal domestic gender-responsive development. During interviews, welfare officers also indicated that they
violence, and violence during sex work. “I keep my mind busy, listen to the radio, dance, could play a much greater support and counselling role, in response to women’s special
and try to pretend I’m a child again,” she said. The shame and stigma of detention was needs, if they were better supported by their bureaus.
also an issue raised by inmates, which contributed to their anxiety.
There is no gender-specific treatment programme for substance abuse, as required by the
“Being a woman is damaged. Your sense of female identity is damaged.” Bangkok Rules. Prisoners in the CIW with substance abuse problems are kept in a different
”The stigma of being incarcerated can be strong among women. They feel wing near the clinic, where they receive closer attention and supervision from medical staff.
shame that they haven’t done their role as mothers. They have a need to be busy, In the BJMP facilities visited, staff rely largely on the TCMP structure. “We can offer them
productive.”— Health worker mainly advice. Tell them to bear with us, think of your children and loved ones, and when
you’re out we wish and hope you don’t go back to old habits,” said one officer.
Self-harm was reported, although this appears to take place infrequently in the facilities
visited. One long-term remand inmate had known of two incidents in five years. However Inmates cited daily religious services and group sessions as a strong source of comfort.
in at least one case staff responded in a degrading and harmful manner, suggesting the These are held by religious groups of all denominations and feature a strong religious
need for training. “One girl used the edge of a seafood shell on her wrists,” said one advocacy component; this may exclude those who are not, or not strongly, religious.
inmate. “The [staff] scolded her: ‘If you want to die, go ahead, do it now!”

Most of the NGO and prison staff interviewed by DIGNITY attribute the Therapeutic
Community Modality Program (TCMP) with helping to significantly combat depression
among inmates, as did some inmates. The model, adapted from a US-designed rehabilitation
tool for substance abusers, uses structured activity, social group work, leadership roles,
trainings and privileges to manage and ‘rehabilitate’ detainees (although many have See the Comprehensive Policy on the Implementation, Monitoring and Evaluation of the Therapeutic
107 

Community Modality Training of the BJMP, http://www.bjmp.gov.ph/files/TC%20Policy.pdf, and read

not yet been convicted of a crime), and is overseen by the Inmate Welfare Development
more in the section on Reforms, Developments and Challenges, above.
108  One exception, as noted in Safety and Security, was the prison operating a mass confinement policy
in response to an escape.

50 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 51
Special Groups Lesbians: Some signs of discrimination were evident in the treatment of gay women,
and staff appear to take a ‘rehabilitative’ approach to homosexuality. However we were
Efforts were made to balance interviews among a broad range of detainees, including informed by NGO staff that this has improved in the past few years. In one example
those of varying ages, religions, and marital and motherhood status, and where of discrimination, lesbian detainees were among some groups of women who were
possible, gay, foreign and indigenous women, those with disabilities, and those living specifically assigned to inadequate sleeping arrangements on the floor in an activity hall.
with HIV. However the scope of this study did not allow for thorough research into the This measure was necessary due to overcrowding, but the group was chosen because
common experiences among particular groups of women, or forms of intersectional this would place them under closer night time surveillance. “Most are openly Tom Boys,”
discrimination. It should nevertheless be noted that the following groups were highlighted said one senior staff member. “If they denounce their lesbian feelings they can go back
during interviews as being particularly vulnerable to rights violations. Further research up.” At least one openly gay woman in a visited facility held a leadership position.
and consideration is certainly required into the ways in which women belonging to
particular groups may experience detention differently. 

Pregnant women and mothers: Many of the deprivations detailed above will have
a particularly strong impact on pregnant women and new mothers. These include 5. Information and complaints
matters of nutrition, physical healthcare, psychological and emotional support, access
to information on medical and custody options, and adequate contact with the outside Information barriers are a concern among a number of the jails visited, largely due to
world (to ensure bonding between mother and child once it leaves her care, and to understaffing and the informal management hierarchy among inmates; however this is
ensure regular contact with its carers). Yet provisions in BJMP facilities are limited, and an area of promise at the Manila CIW. To prevent abuse and discrimination, information
DIGNITY found that new babies rarely stay with their mothers for more than a few days. and complaint channels must be made accessible specifically to women, particularly
In the CIW inmates can keep their children with them for one year, or longer on special regarding the birth, care and custody of children.
request; however, DIGNITY was informed of cases in which women gave their babies to
outside carers early because they could not afford to provide enough food, clothing or
other necessary items for them. This suggests that provisions from the authorities are Global perspective
inadequate. It should also be noted that, where mother and child stay together, both Barriers to information or complaint can block the full spectrum of rights. Therefore,
must remain in a form of quarantine in a mother’s ward, ostensibly to reduce health while this area is often given little attention in penal policy, it is important to recognize
risks for the children. If there are no other new mothers in the ward at this time, they such barriers from a gender perspective, and the ways in which these may exacerbate and
may be alone for many months. This as noted above, may not ensure their emotional create gender-based harm and disadvantage. Although women face many vulnerabilities
wellbeing, and may increase their risk of post-partum depression. in prison, some differently to men, the latest research by DIGNITY suggests that they
may be less likely to complain, make requests or challenge authority compared to
Minorities: It was observed and often commented that women belonging to religious and men, particularly if they have a history of domestic abuse or sexual violence, are from a
ethnic minority groups are often less assertive in the prison environment. This indicates minority group, or are keen to protect children accompanying them - or if the channels
that they may be less likely to thrive in certain areas, such as: being assigned leadership of complaint and request are not within reach.109 Furthermore, gender-based violence
roles (which often come with privileges), making complaints, accessing resources or is considered grossly under-reported in broader society because of gendered biases
demanding rights. Actions to address this may be important to avoid discrimination. and barriers, and this can be mirrored in places of detention.

Older women: In one facility, older women complained that they were sometimes DIGNITY’s findings also suggest that information on complaints procedures, the prison
excluded from livelihood opportunities (such as handicrafts) because of staff concerns regime and its rules may need to be delivered differently to be fully grasped by different
about health risks related to stress and hypertension. This leaves them with less income
and less frequent activity, which may result in a greater risk of depression and other
emotional harm. However, our research indicated that welfare staff do tend to pay older
109 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series
women more attention.
on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014.

52 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 53
 “Most people are clueless when it comes to the law. But when it comes to
groups, due to cultural norms. Some women, particularly in countries where they may demanding rights, women would be more timid than men, generally. Insisting on
receive lower levels of formal education compared to men, are less likely to ask questions your rights is a precarious dance in prison.”
and pursue information for the reasons given above, or due to their acute anxiety during
the admissions period. This affects the ability of such detainees to access healthcare, legal aid, or visits and
communication with family and children, among other things. DIGNITY spoke with
There are also such areas, such as information on the welfare and custody of children women who, because of information barriers, had made decisions that they regretted, or
on the outside, which disproportionately impact women and may not receive adequate were not able to claim particular rights. One pre-trial detainee, for example, had chosen
attention. Measures are therefore required to encourage information flow between staff to give birth inside a small ill-equipped jail clinic because of rumours that she would be
and inmates; in particular, welfare officers in prison should be supported and trained to shackled if she were transferred to the government hospital. She was new to the jail, and
act as personal bridges between female inmates and service providers.110 uncomfortable approaching staff for information, despite her pregnancy. Other detainees
reportedly based decisions about the custody of their new-born children with limited
information about their options, and on rumours about the Department of Social Welfare
International standards on the right to complain of torture and other ill treatment, have (DSW). According to one NGO staff member, inmates have expressed concerns that if
your complaint investigated promptly, and to be protected from reprisals, are found in they complain or are considered as trouble-makers in detention, their cases might be
Arts. 12-13 of UNCAT, and standards to combat discrimination against women are found impacted negatively in court.
in UNCEDAW. This legally binding international protection is further boosted by soft law
standards on information to and complaints by prisoners in Rules 35-36 and 55 of the “After my sentence I just want to go home and be with my parents, but I’ve heard
SMRs (Rules 54-57 and 83-85 (inspections) of the revised SMRs) and Rules 25 and 31 of the that I can’t go back. I don’t know why. Something about security. But I don’t want to
Bangkok Rules. However, when assessing the needs above regarding information against ask staff about it.”
the protection afforded by international legal standards, DIGNITY has found that the latter
need to be further developed in order to adequately protect women. Other than at the CIW, neither staff nor inmates were able to give DIGNITY a clear idea
about the official process by which the custody of new babies is arranged and implemented.
Answers fluctuated – sometimes within the same facility – on the number of days that
Those interviewed commonly believe that dominant gender norms in the Philippines children are permitted to stay. Most inmates were unclear about their right to maintain
require that women be less assertive than men. These norms were also perceived as more custody while they were in prison, and their future right to gain custody once released,
likely to impact (or have a stronger effect on) women from low-income or certain minority nor about the role and reach of the DSW.
backgrounds, women with lower levels of education, and those who have experienced
violent abuse – all common amongst female detainees. “I was told that my baby couldn’t stay with me here because of health reasons.
Inmates told me the Department of Social Welfare might take custody, and then
DIGNITY observed that while NGOs sometimes provide legal aid and religious groups offer it would be difficult for me to get him back when I got out. So I asked [my friend]
advice and support, BJMP detention facilities do not appear to keep its inmates sufficiently to take him, by cell phone. I got ten minutes. It was OK. Well, it was hard but we
informed, in a way that allows them to exercise their human rights. Interviews indicate that understand that it’s a privilege to use the phone. She doesn’t like to visit [here], but
women may often be more likely to rely on information from fellow inmates on their rights, I’m grateful. Without her, maybe I’d lose him.”
options and problems, rather than approach staff or seek other avenues.
Most mothers interviewed had appeared to make decisions affecting their children with
insufficient or ad hoc support (often from an overworked duty nurse or welfare officer),
at a time in which their levels of anxiety, fatigue and emotional distress were high.
Special arrangements, such as home leave or extra telephone allowance, that would help
110 Baker, Jo, Women in prison: Information vacuums, harms and human rights, 22 September 2014,
detainees to make these arrangements satisfactorily, do not appear to be common. One
http://www.penalreform.org/blog/women-prison-information-vacuums-harms-human-rights/DIGNITY,
prison welfare officer spoke of children “falling through the cracks”, particularly those
Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series on Torture
who already live on the street; others, she said, move between the homes of different
and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014

54 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 55
friends. “There are no black and white rules on this,” noted a BJMP official. This is not 6. Contact with the outside world
covered adequately in the BJMP policy document on pregnant women.111
A beneficial visiting environment was indicated in all facilities visited, allowing for
The Superintendent at the CIW spoke more promisingly of individual treatment plans that frequent, sustained and relaxed contact with family, children and friends. Causes for
are developed by the resident welfare officer with pregnant women, in close coordination concern included restrictions on contact with the outside world as punishment, and for
with families. This is an approach that should be formalized and expanded on throughout new arrivals, and on contact between mother and babies; and the difficulties for women,
the system. particularly at the Correctional Institute, whose families live far away.

A number of women interviewed were unsure about the progress of their cases -- although
lawyers reportedly are permitted daily access to their clients – and many felt helpless in Global perspective
the face of long court delays. Visitors and outside contact are vital to the morale and rehabilitation of inmates generally,
while also often helping to prepare them for release, and supplying extra food, medicine
There were indications that women do complain by post to authorities outside of the prison, or other provisions.
to constitutionally established independent government agencies.112 These are often also
submitted by families or lawyers, since prisoners’ letters are reportedly subject to censorship. This can be of particular value to women because of their identities and responsibilities
Inmates also submit complaints to the prison or jail officers, although management attitudes as primary care-givers and family members, and the greater likelihood that they are not
vary. In the correctional institute DIGNITY were able to review organized files of complaints economically independent.114 Research by DIGNITY for example, has indicated that most
by inmates and responses by staff, along with schedules by which inmates can meet with mothers in detention have an intense emotional and psychological need to stay closely
the Superintendent or her staff to discuss complaints. One warden in a BJMP jail was less involved with their children, experienced differently to most men, and which significantly
constructive in her attitude, referring is a dismissive manner to “professional complainers” impacts their health and wellbeing in prison. This of course is important for children, families
and noting with satisfaction that “no complaints have prospered so far”. This attitude is and communities themselves too. Meanwhile, since women tend to rely more heavily on
not compatible with international standards and good practice. Meanwhile few reports outside support to meet their basic needs -- which should but are often not met by the
were known of among inmates, staff or NGOs about disciplinary measures that have been State -- few visits hold a range of implications for their rights. Our research suggested, for
taken against staff in recent years, and NGOs reported accountability in the prisons and example, that those women most vulnerable to abuse or exploitation in prison are often
jails to be relatively low.113 those who do not have support on the outside, and cannot access basic provisions.

It should be noted that although morning Therapeutic Community meetings are used as Yet, there are gendered barriers to outside contact that prison authorities are obliged
a way for inmates to air complaints and grievances, most inmates feel comfortable only to help overcome or compensate for. DIGNITY has found that the greater stigma
expressing very minor complaints about their group mates, and it does not serve as a surrounding women and criminality in many societies may result in fewer visits from
measure of accountability regarding staff. friends and relatives, which impacts and prevents visits from their children. In countries
where women-only facilities are centralized, relatives of detainees may need to travel
a great distance from their homes to visit. Yet when women are detained in facilities
111  Point 15 notes only that “the removal of the child from jail shall be undertaken with sensitivity, proper
throughout a country, closer to their homes, they are often housed in makeshift wings
documentation and only when adequate alternative care arrangements for the child have been identified,”
that are attached to facilities for men – and visiting and communications facilities for
while 16 notes that “an infant which was already removed from jail may be brought to its detained mother
in the succeeding days.” them may be worse, and considered inadequate for children.115
These include courts; independent government agencies; the Department of Justice; the House of
112 

Representatives; or the Senate.

113  NGO staff had heard only of a warden’s transfer, but no other disciplinary measures. The Philippines has
not pushed through or taken its torture cases seriously despite the existence of the 2009 Anti Torture Law, 114  Bangkok Rules, Commentary to Rule 23; and UN doc. A/68/340, Report of the Special Rapporteur on
which indicates that precedent for complaint is not strong. The 2013 US State department human right violence against women, its causes and consequences, para 52.
report notes for example that the BJMP received three complaints in 2012 alleging inhumane conditions; 115 Jo Baker, Women in Prison: The Particular Importance of Contact With the Outside World, Oxford Human
follow-up reports were confidential and released only to concerned parties. US State Department, 2013 Rights Hub, November 2014, http://ohrh.law.ox.ac.uk/women-in-prison-the-particular-importance-of-
Human Rights Report: Philippines, 2013. contact-with-the-outside-world/

56 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 57
 International standards on prisoners’ right to family life and to maintain contact with their use. These include inmates not knowing about them, while others inform us that
the outside world include Art 17.2 (d) of the International Convention for the Protection they lack the skills to use the computers, feel intimidated by them and/or do not believe
of All Persons Against Enforced Disappearance (UNCED), Arts 17 of the ICCPR, and that their families are able to access Skype at their end.
Art 10.1 of the ICESCR, while standards to combat discrimination against women are
found in UNCEDAW. These provisions are supplemented by the Rules 37 -39 of the Phone calls are allowed once a week in some facilities, and more often in others. One
SMRs (Rules 58-63 and 68-70 of the revised SMRs), Principles 15 & 20 of the Body of warden noted that she would never revoke calls as a disciplinary measure, but DIGNITY
Principles, and the Bangkok Rules 26 – 28. The importance of prisoners’ connection heard of this practice in other facilities, which is a concern and may breach international
to the outside world and family relationships more generally has also been recognized standards.119 Inmates must pay for calls using phone cards, which some cannot afford.
in international law. Under the ICESCR, the family must be given the widest possible This, as noted elsewhere, features a gender component and may constitute indirect
protection and assistance, particularly while it is responsible for the care of dependent discrimination in cases where livelihood opportunities and outside economic support
children. Maintaining family ties during the imprisonment is recognized as an important, are fewer for women than men, and additional support is not provided.
positive factor contributing to social reintegration upon release.116
“I want to call to find out how my baby is doing, but you have to pay and I don’t
have much budget.”
BJMP and other jails are distributed across the country, which means that, as with men,
women will be held in remand facilities close to home unless their alleged crime was Our research indicates that visits are generally well managed, with specific needs often
committed elsewhere.117 This is a positive practice. Yet once convicted, women from across met at the discretion of the warden. On average, women in jails can receive visitors for
the country will be housed in the central CIW in Manila or a small facility in Mindanao.118 at least three hours on most week days, and for longer with children on Saturdays and
Sundays. Visitors are permitted to spend time quite freely inside the prison’s communal
“I love Sundays when many people visit, particularly the families. Even though I areas, which includes eating together, and lying down to take naps with children. In the
don’t have visitors it makes me happy to watch others.” – Inmate CIW, family can stay for the full length of time on any visiting day, while friends can do so
on two days per week. Conditions appear comfortable, dignified, informal and only loosely
DIGNITY met with many women who struggle emotionally and economically because monitored, commendably allowing women and their visitors close contact and privacy.
of distance from friends and family, and do not have the support of state-sponsored
outreach or assistance programmes, as encouraged by Bangkok Rule 26. One young “Seeing their families lifts their spirits in the way that conjugal visits for men can lift
prisoner – whose mother reportedly travels for three days on a boat each way to visit theirs.” – Welfare officer
her, once a year – has repeatedly been denied her request to transfer closer to home
in Mindanao, and her requests to find out why have not been answered. Other women However, separate policies on the age of visiting children vary, and should be improved
had been transferred however, and there are reportedly discussions within BuCor about and systematized, along with outreach to children’s guardians and legal representatives,
creating more regional facilities (see Facts & Figures), which – if accessible – would align as advised by Bangkok Rules 26 and 28. In most facilities visited, babies and toddlers are
better with provisions in the Bangkok Rules. permitted just once per week, or on special occasions. New mothers may therefore miss
out on crucial bonding time with their babies, which is harmful to both.
Two of the prisons visited have promising options for ‘electronic visitation’ by Skype, which
can fill this gap to a limited extent, but cannot substitute the value of visits in person. We “The most difficult thing? Leaving my children. I have six. Most of us are mothers
were told that these were used on request, yet researchers found there to be barriers to and some of us have been here a long time, and our husbands left us while we
were here. I worry all the time, and I can’t think of anything else. I can’t sleep.”

116  See Article 17(2) (d) of the International Covenant on the Protection of All Persons from Enforced
Disappearance. This was preceded by Article 10(1) of the ICESCR, on the importance of maintaining family
relationships in general.
117  Inmates are also held in the location of their alleged crimes.
118 BuCor statistics from October 2013 show that more than 60% of the inmates in the Manila-based A/RES/43/173, Body of Principles for the Protection of all Persons under Any Form of Detention or
119 

correctional institute come from outside the capital region, as far as Zamboanga, and Caraga. Imprisonment, 9 December 1988, Principle 15.

58 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 59
Direct discrimination was found in the area of conjugal visits, which are allowed for male
inmates, but not for women, contrary to Bangkok Rule 27. Two senior staff members Women detainees are often provided with fewer, poorer and less varied programmes
commented that they did not have the capacity, and were too worried about new pregnancies than male detainees.122 This may have harmful implications for female prisoners’
to facilitate this. health and material needs in prison, as well as their rehabilitation and preparedness
for release. In many cases female inmates are in even greater need of income or skills
DIGNITY is also concerned at restrictions on visits and phone calls as a disciplinary measure, training because of the caretaking responsibilities, stigma, abandonment and financial
and for new arrivals.120 “Here it’s very difficult to have communication with family, to ask difficulties and dependence that they commonly face as women. Our research has also
for that,” said one new arrival, confined to her cell. “But I know that they’re still waiting for found that certain groups of women, such as foreign migrants, pre-trial detainees, and
me, so I try.” All facilities make efforts to forge contacts with community organizations and mothers who have children with them in prison may be further barred from activities
activities, and this is well formalized as a guideline in the CIW. and opportunities. This study therefore emphasizes that in order to protect the rights
of women in detention and prevent discrimination prisons must design and deliver
programmes — which include life skills of particular use to women, such as financial
management or primary healthcare — that have women, and different groups of
women, in mind.
7. Work, education and recreation
Commendable efforts to keep women busy and engaged were observed as part of a International standards on the right to work, education, recreation, and protection from
structured welfare programme; yet a lack of facilities, funding and staff made this a forced labour, can be found in Arts 6, 11, 13 and 15 of the ICESCR, Art 8 of the ICCPR, and
challenge to implement fully and formally, and livelihood programmes are less lucrative Arts 10, 11 and 13 of UNCEDAW. This legally binding international protection is further
than those for men. boosted by soft law standards relating specifically to prisoners in Rules 71 to 78 of the
SMRs (Rule 4, 23, 64-66, 96-105), and Bangkok Rules 37 and 42.

Global perspective
Every inmate needs purpose and stimulation to stay healthy, and cope with the Prison systems for women in the Philippines place strong focus on handicraft production
monotony and distress of prison life. Many prisons are accordingly strengthening their to boost both inmates’ morale and income. Women in the facilities visited tend to earn
programmes for work and education, as required by their human rights commitments P1-200 (USD2-4) per week, and this amount will depend on the prison’s location and
and rehabilitation goals. Yet these may not be equally accessible or suited to women, connection with buyers. Although this can sometimes make them higher earners compared
whether because of safety concerns, the capacity of the prison, or bias and gender to male counterparts, the technical work available to male inmates, such as carpentry
blindness among staff. This can lead to harmful and discriminatory consequences for and metal work, often provides a better and more stable income. It is also questionable
female inmates. Research by DIGNITY has revealed that this is a priority issue for many whether there is a system of equitable remuneration, as required by the SMT Rule 76,
women in detention, and a key gap.121 for both male and female inmates.

122 For example, there may not be the staffing or expertise to allow separate classes for a female minority
or to transport women to and from mixed classes; or there may also be a prevailing belief that teaching
women is less important, or that only specific (often low income) tasks such as tailoring are appropriate.
Women may have lower access to the recreational spaces or facilities offered to men. For example, in the
120 In the CIW a memorandum had been issued forbidding prohibition of family contact as a disciplinary European Committee for the Prevention of Torture’s 2010 and 2008 concerning Malta, the UK and Ireland
measure, or for new arrivals, noting that “women have a very strong need for regular contact with their the committee points out among other issues that women prisoners are still offered a limited selection of
families, especially if they have children outside prison,” and that such action would be “an extreme form work activities compared to the male prisoners (paras 16, 29, 51). In its reports from 2009 concerning Austria
of punishment on women, while also punishing their families.” (para 83) and Hungary (para 67) the CPT finds that female prisoners are offered less out-of-cell time. See
121 DIGNITY, Women in Detention: Needs, Vulnerabilities and Good Practices, DIGNITY Publication Series also the report of the UN Special Rapporteur on Violence Against Women, Pathways to, conditions and
on Torture and Organised Violence No. 7, by Jo Baker, Therese Rytter and DIGNITY, 2014. consequences of incarceration for women, UN Doc. A/68/340, 21 August 2013, paras 67-68.

60 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 61
We were informed that the livelihood programmes empower many of the female participants “They’re thinking, I’m here so I must earn a living, and not burden my family. We tell
by allowing them to provide their children with an allowance for school when they visit.123 them no, it’s your job to learn.” — Prison education personnel
A promising micro-savings system has also recently been taken on in a few women’s jails,
and the CIW, to allow them to enlist in the Social Security System for informal workers, Other options for earning included formal employment within the prisons,127 and working
and may be rolled out to other institutions.124 as assistants or ‘trustees’ for other inmates and staff. The latter is informal and unprotected,
though also highly sought after, and although no complaints were made during interviews,
There are growing efforts to bring a vocational training and education elements element it should be carefully monitored for signs of abuse or exploitation. Trustees can earn P30 -
into prison rehabilitation, although staff note that this depends largely on the warden. “If 200 (USD 0.7 – 4) per week for washing, fetching and queuing tasks, and assisting visitors.
the Warden has more trainings on security and is former military, or was a graduate of the In some facilities, payment for certain tasks such as acting as a messenger for visitors, is
Police Academy, then these kinds of welfare and education activities are not his priority,” saved in a dormitory kitty, with groups decisions made on its use.
notes one NGO staff member. “Most of the jails where there are good education and welfare
activities, and the TC Program, are either women wardens or those who are graduates of In terms of recreation, the larger and better organized facilities make good efforts to keep
Social Work, Psychology or Nursing.” Vocational trainings encountered during research women inmates stimulated. As well as TCMP-oriented tasks and responsibilities,128 there
were limited mostly to traditionally ‘womanly’ activities such as sewing, baking, massage is one daily exercise session (often dance or aerobics) and regular festivals or special
and pedicure skills, but did also include computer training. celebrations, while some wardens were also adept at bringing in outside support. In the
CIW in particular there are various interest clubs, including a dance troupe and a music
Efforts to promote education are also notable, such as in Quezon City jail women’s dormitory, band, and a programme of short courses, ranging from problem solving and computer
which recently saw its first classroom constructed. Formal education classes, where provided, skills, to social graces, and sign language. In the smaller facilities this was much reduced,
cater from basic to high school levels;125 however, materials and staff are very short for but women still reported regular exercise sessions, study sessions and seminars by visiting
both vocational and education courses, say staff. Some facilities successfully apply to the religious figures. One or two televisions were often visible, and used for a few hours per
Department of Education for teachers, others rely on volunteers or inmates. Meanwhile, day. This may be a factor in the higher levels of morale among female inmates, compared
one teacher working at the CIW explained that inmates have a choice between livelihood to other countries reviewed by DIGNITY during this study.
trainings or education, and that because income is so important, enrolling inmates into the
latter can be difficult. This is an unfortunate and ill-advised barrier. However importantly,
as a good practice, the administration tries to encourage this by rewarding it with ‘good
conduct’ time deductions from sentences.126

123  Items include beaded crafts, candle and soap making and crocheting. The administration provides the
materials (at a price), allocates time for livelihood work in daily schedules, and often helps inmates set up
sales opportunities However the process is informal, and inmates rights within it are unclear. Some inmates
outsource their work to those who can’t afford to buy the materials themselves. One woman complained
that craft supplies from visitors were banned, and that the prison was too concerned with profit.
124  The AlkanSSSya microsavings programme makes use of cabinet-like ‘piggy banks’ to help members
save the needed P312 per month. Inmates can deposit 10 pesos per day or 300 per month into the coin
bank, situated in the jail’s offices. See more in the parallel section (prison regime) in our main study.
125  In the CIW, statistics in October 2013 indicated that while under 2% of women are illiterate,

approximately 20% attended elementary school, 40% attended high school; and 30% attended college. Kitchen assistants can receive as much as P3,000 (USD69) per month, say staff, and higher educated
127 

The dominant job description (18%) was as a business woman; with 15% jobless, 12 vendors; 6% housewife, inmates may work as paid clinical assistants.
and 6% housekeepers or caretakers, among others. 128 The TCMP system in one prison included a group under the following themes: maintenance, medical,
126 In one prison this amounted to around 25% of inmates, with 20 on the basic learning course, 8 in senior citizens welfare, sports and recreation, livelihood, education, paralegal, religion, kitchen work, and
elementary and 27 in high school. housekeeping.

62 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 63
Annex I

Republic of the Philippines

Department of Justice
Bureau of Corrections
CORRECTIONAL INSTITUTION FOR WOMEN
9 de Pebrero St., Mandaluyong City
Tel. no.: 532-1726; Telefax no.: 533-9986

MEMORANDUM TO:
DR. EDILINDA G. PATAC – Asst. Superintendent
EPIFANIA B. GARDUQUE – Penal Institution Supervisor
PG III NEIL A. BUOT – External Security-in-Charge
PG III MA. CECILIA N. ALCALA – COG, Female Custodial Force
Internal Security-in-Charge
PG II RENANTE H. HAFALLA – Commander of the Guards, Male
WII ELSA M. MARTORILLAS – ACOG, Subpoena-in-Charge
DRA. LILA A. DACUMA – Medical Officer III
DRA. MERCEDES M. JUSTO – Dentist II
Ms. DOROTHY C. BERNABE – Education Supervisor
MS. HERMINIA S. AREVALO – Administrative Assistant
MS. AIMEE S. AREVALO – Teacher II
MS. JEANEFER M. LLANES – Teacher II
MS. CHERRY HUET – Social Welfare Officer
MS. LUCIA E. SANTOS – Acting Religious & Recreations Officer
MS. ELLEN B. SUMAWAY – Food Supervisor
W1 EDNA T. MIRANDA – Documents Section

SUBJECT: REVISED MEMORANDUM ON REINTEGRATION OF REHABILITATION

PROGRAMS AND PRISON RULES AND REGULATIONS FOR A GENDER-
SENSITIVE PRISON MANAGEMENT

DATE: MAY 9, 2013

DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 65

References: 1) United Nations Rules on the Treatment of Women Prisoners and Non- f. To assist inmates in filing complaints against any employees or fellow Inmates
Custodial Measures for Women Offenders (Bangkok Rules); who have committed sexual harassments, physical and mental abuses against
2) Handbook for Prison Managers and Policymakers on Women and them. During the process, inmates shall be protected from any kind of mental
Imprisonment, United Nations Office on Drugs and Crime (UNODC); and physical torture, threats, ill treatments and other possible harm from any
3) Guidance Document Bangkok Rules by Penal Reform International and UK party. All complaints must be acted upon with dispatch, prompt and impartial
Aid. investigation be made and findings submitted to the Superintendent within
48 hours from receipt of the complaint or any incident report;
To realize the objectives of Gender-Sensitive Prison Management the following requisite g. During prison tours inside the prison compounds, inmates shall stay in their
ingredients have been identified: dormitories; No inmate/s shall be allowed to loiter in any area/s inside the
- the recognition of the different needs of women; prison compound;
- a capacity and willingness by prison staff to communicate openly with inmates h. During the mass being celebrated at the Chapel, CIW personnel, their families
and a less authoritarian manner; and other civilians who enter the Prison compound who join the Mass must
- skills, such as active listening, patience in explaining rules and expectations; stay in area/s separate from the inmates in attendance, and must be prohibited
- awareness of emotional dynamics, and the capacity to respond firmly, fairly from getting near or talking with the inmates;
and consistently; and i. During special occasions, at the stage area or any other areas in the inner court
- recognition of the different needs of female prisoners, including those from where male personnel or male civilian visitors may be allowed to participate
different cultural backgrounds, and providing programmes and services that in or watch the program/s, they are prohibited from mingling or talking with
address these needs. the inmates; they should be seated in areas separate from the Inmates;

Adopting in principle what are appropriate and applicable in the treatment of our female II. BODY SEARCH OF INMATES:
inmates, you are hereby directed, in adherence to international standards in the treatment
of women inmates, (United Nations Standard Minimum Rules, Bangkok Rules), to implement a. Alternative screening methods, such as scans, shall be developed to replace
the following, in addition to existing rehabilitation programs and prison rules and regulations strip searches and invasive body searches, in order to avoid the harmful
and memoranda issued by BUCOR Directors, and CIW Superintendents: psychological and possible physical impact of invasive body searches;
b. Individual inmates, particularly those subject to medium or maximum Security
I. PROTECTION OF INMATES AGAINST ANY FORM OF SEXUAL HARASSMENT, restrictions, may have to be personally searched on a regular basis to make
PHYSICAL AND MENTAL ABUSE. sure that they are not carrying items which can be used in or which are not
allowed, such as illegal drugs;
a. Male custodial and civilian personnel are not allowed to enter the Prison c. Male personnel either in the custodial or civilian staff are prohibited from
compound except in emergency cases and with approval of the Superintendent; conducting personal searches of female inmates, such as pat down and frisk
b. No inmate shall be brought out of prisons compound without approval Of searches. All searches on women should be carried out by female staff only;
the Superintendent; d. In exceptional circumstances that intimate body searches are required or
c. In outside movements like medical referrals, court appearances, or view the necessary, they should be carried out by the Medical officer, female nurses
remains, inmates shall be escorted by a female and male custodial personnel or female staff in a private room. No inmate should be humiliated and be
d. Male religious volunteers or Male Pastors, Muslim Imam, Male priests, duly required to strip completely during the search;
accredited by BuCor, shall be limited in number, for a one day in a month e. Staff should also demonstrate sensitivity when searching infants of mothers
religious visit, with female companions and shall perform religious services in prisons and children visiting female inmates. During the searching of
only in designated areas the activities to be supervised and monitored by infants and children (such as underwear, baby food, feeding bottles, diapers,
Keepers on Duty; etc) care should be taken to cause minimal distress to the child and mother
e. Implement the standing order of BUCOR Director prohibiting personal services and to act on it in compliance with hygiene rules;
of inmates at employees’ quarters; also massage or therapy services to male f. Inmates shall never be allowed to conduct searches on their fellow inmates
personnel. and their visitors;

66 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 67
 g. Custodial personnel shall demonstrate competence, professionalism and prohibition of contact between women prisoners and their families would
sensitivity and shall preserve respect and dignity when searching both constitute an extreme form of punishment on women, while also punishing
children in prison with their mother and children visiting their mothers in their families, including their children. Such a prohibition would clearly not
prison. be in the best interests of the children involved, violating provisions of the
CHR.
III. RESTRAINTS:
V. INMATES ACTIVITIES AND PROGRAMS:
a. Instruments of restraint should always be used as a last measure and for the
shortest possible period of time. They should never be used as punishment; 1. WORK
b. The use of restraints on pregnant women during medical examinations,
transport to hospital to give birth and during birth shall never be allowed; a. Prison labor must not be of an afflictive nature;
c. Security personnel are hereby tasked to adopt other means of restraints or b. All inmates shall be required to work, subject to their physical and mental
other security measures to be used during medical referrals or examinations, Illness as determined by the Medical Officer;
transport, birth and court hearings; c. Sufficient work of a useful nature shall be provided to keep inmates actively
employed for a normal working day;
IV. DISCIPLINARY ACTIONS: d. So far as possible the work provided shall be such as will maintain or increase
the inmates’ ability to earn an honest living after release;
a. Discipline and order shall be maintained with firmness, but with no more e. Vocational training in useful trades shall be provided for inmates able to profit
restriction than is necessary for safe custody and well-ordered prisons thereby;
community life; f. Within the limits compatible with proper vocational selection and with the
b. Strictly prohibited as punishment for disciplinary offenses are corporal requirements of institutional administration and discipline, the inmates shall
punishment, confining inmate/s in a dark cell, and all cruel, inhuman or be able choose the type of work they wish to perform;
degrading punishments; g. There shall be a system of equitable remuneration of the work of inmates.
c. Punishment by close confinement or reduction of diet shall never be allowed - under the system inmates shall be allowed to spend at least a part of their
under any circumstances; earnings on approved articles for their own use and to send a part of their
d. The same shall apply to any other disciplinary action that may be prejudicial earnings to their family;
to the physical or mental health of an inmate; - the system should also provide that a part of the earnings should be set
e. The Medical Officer shall visit daily inmates undergoing such disciplinary aside by the administration so as to constitute a savings fund to be handed
punishments and shall advise the Superintendent or in her absence her Deputy over to the inmate/s on her release;
if she considers the termination or alteration of the punishment necessary on
grounds of physical or mental health; 2. EDUCATION AND RECREATION
f. Solitary confinement is strictly prohibited. Disciplinary segregation shall be used
only as a last resort for all inmates and for the shortest possible period of time. a. Programs shall be made for further education of all inmates. The education
Prison officials and staff should demonstrate sensitivity to the distress caused of illiterates and young inmates shall be compulsory and special attention
by isolation on female inmates, the particular risk of self-harm and suicide shall be paid to it by the administration;
among women, and use this measure only in exceptional circumstances; b. So far as practicable, the education of inmates shall be integrated with the
g. Punishment by close confinement or disciplinary segregation shall not be educational system of the country so that after their release they may continue
applied to pregnant women, inmates with infants and breastfeeding mothers their education without difficulty;
in prison; c. Recreational and cultural activities shall be provided for the benefit of the
h. Disciplinary sanctions for inmates shall not include a prohibition of family mental and physical health of inmates;
contact, especially with children. Women have a very strong need for regular
contact with their families, especially if they have children outside prison. Total

68 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 69
 3. PHYSICAL EDUCATION AND SPORTS may not be suspended or restricted save in exceptional circumstances, to be
specified by law or lawful regulations, when it is considered indispensable by
a. Engaging in physical activities and, where possible, training in sports of a judicial or other authority in order to maintain security and good order;
inmates are simple and effective ways of preventing the development of d. Interviews between the inmate and her legal counsel maybe Within sight, but
psychosocial disabilities such as depression, while maintaining physical health not within the hearing, of prison staff;
and encouraging team work.
6. CONTACT WITH THE OUTSIDE WORLD
4. HEALTHCARE
a. Inmates shall be allowed under necessary supervision to communicate with
a. The medical officer shall see and examine every inmate upon their commitment their family and reputable friends at regular intervals, both by correspondence
or admission and thereafter, as necessary with a view particularly to the and receiving visits;
discovery of physical or mental illness and the taking of all necessary measures; b. The treatment of prisoners should emphasize not their exclusion from the
the segregation of inmates suspected of infections or contagious diseases, community, but their continuing part in it. Community agencies should,
recording of physical or mental defects which might hamper rehabilitation; therefore, be enlisted wherever possible to assist the staff of CIW in the
and the determination of the physical capacity of every inmate for work; task of social rehabilitation of the inmates. There should be in connection
b. The medical officer and staff shall have the care of the physical and mental with our Social Welfare Officer charged with the duty of maintaining and
health of the inmates and should daily see all sick inmates, all who complain improving all desirable relations of an inmate with her family and with valuable
of illness, and any inmates to whom her attention is specially directed; social agencies. Steps should be taken to safeguard, to the maximum extent
c. She shall report to the Superintendent whenever she considers the physical compatible with the law and the sentence, the rights relating to civil interests,
or mental health of the inmate will be seriously affected by the continued social security rights and other social benefits of the inmates;
confinement and will thus recommend the grant of executive clemency; c. Special attention shall be paid to the maintenance and improvement of such
d. Outside referrals be it in government or private hospital must have the approval relations between an inmate and her family as are desirable in the best interest
of the Secretary of the Department of Justice which must be obtained by of both;
recommendation thru BUCOR Director; The approval must be renewed every d. Disciplinary action shall not include a total prohibition on family contact;
after six (6)months; e. Newly arrived inmates will not be deprived of family contact. They shall be
e. The Medical Officer shall also endeavor to make programs available for the allowed to be visited by immediate family members for a maximum of three
comprehensive HIV prevention, treatment, care and support for our inmates; hours most especially if the visitors came from far away places;
f. The Medical Officer shall also provide specialized programs for female f. In maintaining family links – It is a good practice to allow longer visiting
substance abusers; hours if the visitors have to travel a long distance.
g. The Medical officer shall develop strategies to prevent suicide and self-harm g. Visiting area must maintain an atmosphere allowing more privacy and intimacy
and to provide gender-specific and individualized psychosocial and psychiatric particularly important for visits with all the family including children;
report to those at risk need to form a comprehensive element of mental h. The Prison administration must encourage visits to female Inmates, and
healthcare in prisons. She is to coordinate with NBP doctors for assistance where possible assist with transportation, especially where visits to mothers
by their Psychiatrists; are concerned, Never charge for prison visits;
i. The Social Welfare Officer is tasked to coordinate with social services and
5.  RIGHTS TO COUNSEL OR LAWYER’S VISIT NGOs to assist with contact between women inmates and their families;
j. Extend the length of visits when families confront difficulties in visiting due
a. An inmate shall be entitled to communicate and consult with her lawyer; to the long distances involved, lack of resources and accommodation for
b. She shall be allowed adequate time and facilities for consultation with her families traveling a long way, free-of-charge;
lawyer; k. Children may be tired and restless during visits, especially if they have traveled
c. The right of an inmate to be visited by and to consult and communicate, long distances and have to wait for extended periods before they can see
without delay or censorship and in full confidentiality, with her legal counsel their mothers. Staff should show understanding;

70 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 71
 l. Contacts with the community – One of the most important and useful ways a. There shall be special accommodation for all necessary pre-natal and post-
of maintaining links between inmates and the outside world, is enabling natal care and treatment. Arrangements shall be made wherever practical for
community participation in the daily activities of inmates, as far as practicable. children to be born in a hospital outside the institution. If a child is born in
In this way, life in prison can be brought closer to resembling normal life, prison, this fact shall not be mentioned in the birth certificate;
while the burden on prison authorities in fulfilling their obligation to provide b. Where nursing infants are allowed to remain in prisons with their mothers,
a varied and balanced regime, as well as other services, is lightened. Involving provision shall be made for a nursery where the inmate mothers could stay
the community in prison activities is also a good way of increasing public with the infants for one year. The Nursery should be placed in a facility ideal
awareness about prisons and encouraging public support to efforts made by for nurturing the child or children without compromising security;
prison authorities to improve the quality of prison administration and services c. The children should be provided with ongoing good quality primary health care
provided to inmates. services and their development monitored by a Psychologist and specialists
in child development (on Regular visits from community healthcare services).
7. PREPARATION FOR RELEASE AND POST-RELEASE SUPPORT Mothers should be provided with the maximum possible opportunities to
spend time with their children.
a. To carry out programs for the successful re-entry of inmates to the community d. The Medical Officer shall collaborate with health clinics for vaccinations and
which is one of our objectives; periodic examinations of children for administering their vaccinations and
b. To coordinate and seek the assistance of Probation Office, Department of monitoring their physical development.
Social Welfare and Development and NGOs to design comprehensive pre- e. The child may stay with the mother for a period of one year and may be
and post release reintegration programs for women; extended if advantageous for the welfare of both mother and child. After said
c. The Minimum Security Compound is designed similar to an open prison or period, the child will be placed under the care of relatives or in an orphanage
halfway house to ease the transition of minimum security inmates from prison if no relative would come to take care of the child.
to liberty. f. The Social Welfare Officer shall see to it that the mother and child shall have
d. Therapeutic community must maintain sustainable programs to inmates continuous communication and periodical visits of the child to the mother
with history of drug use or abuse which are comprehensive and integrated arranged, providing financial assistance to cover the cost of travel to CIW,
approach to treatment in prison and the community; with assistance from NGOs.
e. The Psychologist, Social Welfare Officer and the Reformation Officers are
tasked to provide continued to support to women with history of abuse and
domestic violence. They are directed to keep and maintain list of inmates For faithful compliance.
known in these categories, stating the programs of rehabilitation implemented
or their participations in the rehab programs in preparations to their release; RACHEL D. RUELO
They must be ready to provide the data once the prison authorities or other Superintendent IV
parties, government or NGOs’ request for data or information;

8. PREGNANT WOMEN AND WOMEN WITH CHILDREN IN PRISON

(1) The number and personal details of the children of a woman being admitted
to prison shall be recorded at the time of admission. The records shall
include, without prejudicing the rights of the mother, at least the names
of the children, their ages and, if not accompanying their mother, their
location and custody of guardianship status.
(2) All information relating to the children’s identity shall be kept confidential,
and the use of such information shall always comply with the requirements
to take into account the best interests of the children.

72 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 73
Bibliography Solamo-Antonio, Isabelita, Dossier 27: The Shari’a courts in the Philippines: Women, men and
Muslim personal laws, December 2005
Tan., B Cristina et al, Blood Pressure Behind Bars: A Descriptive-Correlational Study Of Lifestyle
Books and Articles Factors And The Increase In Blood Pressure Among New Bilibid Prison Inmates, Clute Institute
ABS CBN News, Gov’t spending P 64K/year per prisoner, 26 May 2011, International Conference, 2012, http://conferences.cluteonline.com/index.php/IAC/2012BK/
http://www.abs-cbnnews.com/nation/05/26/11/govt-spending-p64kyear-prisoner paper/viewFile/10 20/1029
Bernadette Baquilod Alvor, Mildred, The Philippine Corrections System: Current Situation and Yahoo, BuCor Chief Not Resigning, Says Reforms Will Work, 16 Dec 2014,
Issues, 2005, https://anc.yahoo.com/news/bucor-chief-not-resigning--says-reforms-will-work-042258804.
http://www.unafei.or.jp/english/pdf/RS_No67/No67_09PA_Alvor.pdf html
Baillargeon J, Fazel S. The health of prisoners. The Lancet, 2011; 377:956-65
Baker, Jo, Women in prison: Information vacuums, harms and human rights, Penal Reform International United Nations Human Rights Treaties
Blog, 22 September 2014, International Covenant on Civil and Political Rights (ICCPR), UN Doc. A/2200A (XXI), 16 December
http://www.penalreform.org/blog/women-prison-information-vacuums-harms-human-rights/ 1966,
Baker, Jo, Women in Prison: The Particular Importance of Contact with the Outside World, Oxford http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Human Rights Hub, November 2014, International Covenant on Economic, Social and Cultural Rights (ICESCR), UN Doc. A/2200A (XXI),
http://ohrh.law.ox.ac.uk/women-in-prison-the-particular-importance-of-contact-with-the- 16 December 1966,
outside-world/ http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
Baker, Jo, Women in Prison: The particular vulnerability and risk of abuse, Essex Human Rights Convention on the Elimination of All Forms of Discrimination Against Women (UNCEDAW); UN
Centre Blog, 30 September 2014, Doc. A/34/180, 18 December 1979,
https://blogs.essex.ac.uk/hrc/2014/09/30/women-in-prison-the-particular-vulnerability-and- http://www.ohchr.org/Documents/ProfessionalInterest/cedaw.pdf
risk-of-abuse/ Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
InterAsksyon, To unclog dockets at RTCs, Sotto proposes drugs court, Ernie Reyes, 3 July 2013, (UNCAT), UN Doc. A/39/46, 10 December 1984,
http://www.interaksyon.com/article/65519/to-unclog-dockets-at-rtcs-sotto-proposes-drugs- http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspx
court Convention on the Rights of the Child, UN Doc. A/44/25, 1989,
Foreign Policy, The Last Country in the World Where Divorce Is Illegal, 19 Jan 2015, http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
Gainsborough, Jenni, Women in prison: international problems and human rights based approaches Optional Protocol to the Convention against Torture (OPCAT), A/RES/57/199, 18 December 2002,
to reform, William & Mary Journal of Women and the Law, vol. 14, No. 2 (2008), pp. 271-304. http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCAT.aspx
GMA Network, The status of women in the Philippines: a 50-year retrospective, Lila Ramos Shahani, International Convention for the Protection of All Persons from Enforced Disappearance (UNCED),
3 October 2012, UN Doc. A/61/448, 20 December 2006,
http://www.gmanetwork.com/news/story/276661/news/specialreports/the-status-of-women- http://www.ohchr.org/EN/HRBodies/CED/Pages/ConventionCED.aspx
in-the-philippines-a-50-year-retrospective 
Hawton K, Linsell L et al. Self-harm in prisons in England and Wales: an epidemiological study United Nations Resolutions
of prevalence, risk factors, clustering, and subsequent suicide. The Lancet 2014;383:1147-54 Standard Minimum Rules for the Treatment of Prisoners, Adopted by the First United Nations Congress
Inter Press Service, Philippines: Welcome to the Women-Friendly Jail, 23 Nov 2010 on the Prevention of Crime and the Treatment of Offenders, 1955, and approved by the Economic
http://www.ipsnews.net/2010/11/philippines-welcome-to-the-women-friendly-jail/ and Social Council by its resolutions 663 C (XXIV), 31 July 1957 and 2076 (LXII), 13 May 1977,
Manila Times, Reforms Long Overdue at Bilibid Prison, 7 Jan 2015, http://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_
http://www.manilatimes.net/reforms-long-overdue-bilibid-prison-bucor/150107/ of_Prisoners.pdf
Philippine Daily Inquirer, Only half of drug cases in court end in convictions, says PDEA, 14 July 2012, Revised United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela
http://newsinfo.inquirer.net/228827/only-half-of-drug-cases-in-court-end-in-convictions- Rules), Adopted by the United Nations Commission on Crime Prevention and Criminal Justice,
says-pdea#ixzz3XUC9OvYi E/CN.15/2015/L.6/Rev.1, 21 May 2015 (expected to be adopted in a resolution by the General
Philippine Daily Inquirer, Three Meals, P50. The Joy of Cooking: Priceless, 3 November 2013, Assembly in December 2015)
http://lifestyle.inquirer.net/134501/three-meals-p50-the-joy-of-cooking-priceless#ixzz Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment
32VUtAIHS   (‘Body of Principles’) UN Doc A/RES/43/173 of 9 December 1988,
Philippine Daily Inquirer, Food for Sica detainees ‘inferior’, 6 December 2013, at http://www.un.org/documents/ga/res/43/a43r173.htm
http://opinion.inquirer.net/66775/food-for-sica-detainees-inferior#ixzz32VVPEnVT  Basic Principles for the Treatment of Prisoners (‘Basic Principles’), UN Doc. A/RES/45/111 of 14
Philippines’ Star, Noy signs law on prison system reform, Camille Diola, 30 May 2013, December 1990,
http://www.philstar.com:8080/headlines/2013/05/30/948146/noy-signs-law-prison-system-reform http://www2.ohchr.org/english/law/basicprinciples.htm

74 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 75
Intensification of efforts to eliminate all forms of violence against women, UN Doc. 61/143, Adopted Report of the Special Rapporteur on violence against women, its causes and consequences, Pathways
by the General Assembly on 19 December 2006. to, conditions and consequences of incarceration for women, 2013, UN doc. A/68/340,
United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women http://www.ohchr.org/Documents/Issues/Women/A-68-340.pdf
Offenders (Bangkok Rules), UN Doc. A/RES/65/229, 16 March 2011,
http://www.un.org/en/ecosoc/docs/2010/res%202010-16.pdf UN country Reports and other UN documents
Salvador Declaration on Comprehensive Strategies for Global Challenges, Crime Prevention and Committee against Torture, Concluding observations, The Philippines, 29 May 2009, UN Doc.
Criminal Justice Systems and Their Development in a Changing World, UN Doc. A/RES/65/230 CAT/C/PHL/CO/2
of 21 December 2010, Committee on the Elimination of Discrimination against Women, Concluding comments, the
http://daccess-ddsny.un.org/doc/UNDOC/GEN/N10/526/34/PDF/N1052634.pdf?Open Philippines, 25 Aug 2006, UN Doc. CEDAW/C/PHI/CO/6
Element Compilation [UN Information] prepared by the Office of the High Commissioner for Human Rights in
Standard Minimum Rules for the Treatment of Prisoners, Adopted by the United Nations Congress accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21 Philippines*,30
on Crime Prevention and Criminal Justice, and recommended to the Economic and Social March 2012, Philippines, UN Doc. A/HRC/WG.6/13/PHL/2
Council for approval, UN Doc. E/CN.15/2014/L.9, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council
http://daccess-ddsny.un.org/doc/UNDOC/LTD/V14/024/39/PDF/V1402439.pdf?OpenElement resolution 16/21, 19 March 2012, Philippines, UN Doc. A/HRC/WG.6/13/PHL/1
Human Rights Committee, General Comment 16: The right to respect of privacy, family, home and Summary [Stakeholder’s Submissions] prepared by the Office of the High Commissioner for Human
correspondence and protection of honour and reputation (Article 17), UN Doc. A/43/40, 1988, Rights in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21,
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=A%2f43% Philippines,12 March 2012, UN Doc. A/HRC/WG.6/13/PHL/3
2f40&Lang=en UN Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines,
Human Rights Committee, General Comment No. 20: Replaces general comment 7 concerning adopted by the Committee at its 106th session, 2012.
the prohibition of torture and cruel treatment or punishment (Article 7), UN Doc. A/44/40, 1989, United Nations Office on Drugs and Crime (UNODC) Drug Abuse Treatment Toolkit, Substance abuse
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=A%2f44% treatment and care for women: Case studies and lessons learned, United Nations, New York, 2004.
2f40&Lang=en United Nations Office on Drugs and Crime & World Health Organisation (UNODC & WHO), Women’s
Human Rights Committee, General Comment No. 21: Replaces general comment 9 concerning health in prison: Correcting gender inequity in prison health, 2009.
humane treatment of persons deprived of liberty (Article 10), UN Doc. A/47/40 (SUPP), 1992,
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=A%2f47%2f4 Other Reports and Documents
0(SUPP)&Lang=en Amnesty International, Amnesty International submission to the UN Universal Periodic Review of the
Committee on Economic, Social and Cultural Rights, General Comment No. 14 (2000): The highest Philippines, 13th session of the UPR Working Group, June 2012,
attainable standard of health (Article 12), UN Doc. E/C.12/2000/4, 2000, http://www.upr-info.org/sites/default/files/document/philippines/session_13_-_may_2012/
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2f aiuprphls132012amnestyinternationale.pdf
2000%2f4&Lang=en Amnesty International, Philippines: Five years later, no convictions under landmark anti-torture law,
Committee on the Elimination of Discrimination Against Women, General Recommendation No. 10 November 2014,
19 on Violence Against Women (1992), http://www.amnestyusa.org/news/news-item/philippines-five-years-later-no-convictions-under-
http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19 landmark-anti-torture-law
Human Rights Council, Resolution on the protection of human rights in the context of human Balay Rehabilitation Centre (Balay), the International Rehabilitation Council for Torture
immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS), UN Doc. A/ Victims (IRCT) and the Medical Action Group (MAG), Torture and ill-treatment in the Philippines –
HRC/RES/16/28, 2011, Implementation of the Anti-Torture Act, 2014
http://www2.ohchr.org/english/bodies/hrcouncil/docs/16session/A.HRC.RES.16.28_en.pdf The Bureau of Jail Management and Penology, Jail Population Data Table, July 2013
British Embassy Manila, Information for British Nationals Arrested And Imprisoned In the Philippines, 2015
United Nations Special Procedures Reports Bureau of Corrections, Monthly Inmate Inventory Report: CIW, October 1-31 2013
Interim report of the Special Rapporteur on the right to education, 2011, UN.Doc. A/66/269, Commission on Human Rights of the Philippines, Human Rights Situation of the Philippines 2012
http://daccess-ddsny.un.org/doc/UNDOC/GEN/N11/445/89/PDF/N1144589.pdf?OpenElement Institute of Prison Studies, World Prison Brief: The Philippines, accessed January 2015
Report of the Special Rapporteur on torture and other cruel, inhuman and degrading treatment or Just Detention International (JDI) et al., Joint Civil Society Report on torture and other cruel, inhuman
punishment, 2008, UN doc. A/HRC/7/3, or degrading treatment or punishment in the Philippines, 2009
http://daccess-ddsny.un.org/doc/UNDOC/GEN/G08/101/61/PDF/G0810161.pdf?OpenElement Just Detention International, Sexual Violence in Philippine Detention Facilities, 2009,
Report of the Special Rapporteur on torture and other and other cruel, inhuman or degrading http://www.justdetention.org/pdf/PhilippinesShadow.pdf
treatment or punishment, Mission to Denmark, 2009, UN doc. A/HRC/10/44/Add 2, UN Country Team, Compilation Prepared By The UNCT In The Philippines’ Universal Periodic Review, May 2012
http://www2.ohchr.org/english/bodies/hrcouncil/docs/10session/A.HRC.10.44.Add.2.pdf US State Department, 2013 Human Rights Report: Philippines, 2013

76 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES DIGNITY PUBLICATION SERIES ON TORTURE AND ORGANISED VIOLENCE NO. 11 77
World Economic Forum, Global Gender Gap Report: The Philippines, accessed January 2015,
http://reports.weforum.org/global-gender-gap-report-2014/economies/#economy=PHL
Women’s Legal and Human Rights Bureau, Unveiling Justice: Women’s Access to Justice in the
Philippines, May 2012

Laws and Policies

The Bureau of Jail Management and Penology, Comprehensive Policy on the Implementation,
Monitoring and Evaluation of the Therapeutic Community Modality Training of the BJMP, 17
February 2010,
http://www.bjmp.gov.ph/files/TC%20Policy.pdf
The Bureau of Jail Management and Penology, Revised Memorandum on Reintegration of Rehabilitation
Programs And Prison Rules And Regulations for a Gender-Sensitive Prison Management, 9 May
2013
The Bureau of Jail Management and Penology, Policy on Pregnant Inmates and Their Infants, 2010
Bureau of Corrections, Bureau of Corrections Operating Manual,
http://www.bucor.gov.ph/publication/Bucor%20Manual/bucor_manual.html
Book IV of Executive Order No. 292, Sec. 26, Chap. 8, Title III. Known as the “Administrative Code
of 1987. The Act was a consolidation of House Bill 6887 and Senate Bill 3335,
http://www.lawphil.net/executive/execord/eo1987/eo_292_1987.html
Republic Act No. 6975, The Department of the Interior and Local Government Act of 1990,
http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html
Republic Act No. 10575, an Act Strengthening the Bureau of Corrections and Providing Funds
Therefore into Law, also known as the Bureau of Corrections Act of 2013,
http://www.gov.ph/2013/05/24/republic-act-no-10575/
Republic Act 10592, the Revised Penal Code of 2013,
http://www.gov.ph/2013/05/29/republic-act-no-10592/

78 CONDITIONS FOR WOMEN IN DETENTION IN THE PHILIPPINES

 Standard Minimum Rules for the Treatment of Prisoners

Adopted by the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in 1955, and approved by the Economic
and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII)
of 13 May 1977

PRELIMINARY OBSERVATIONS

1. The following rules are not intended to describe in detail a model system of penal institutions. They
seek only, on the basis of the general consensus of contemporary thought and the essential elements
of the most adequate systems of today, to set out what is generally accepted as being good principle
and practice in the treatment of prisoners and the management of institutions.

2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is
evident that not all of the rules are capable of application in all places and at all times. They should,
however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their
application, in the knowledge that they represent, as a whole, the minimum conditions which are
accepted as suitable by the United Nations.

3. On the other hand, the rules cover a field in which thought is constantly developing. They are not
intended to preclude experiment and practices, provided these are in harmony with the principles and
seek to further the purposes which derive from the text of the rules as a whole. It will always be
justifiable for the central prison administration to authorize departures from the rules in this spirit.

4. (1) Part I of the rules covers the general management of institutions, and is applicable to all
categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to "security
measures" or corrective measures ordered by the judge.

(2) Part II contains rules applicable only to the special categories dealt with in each section.
Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally
applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict
with the rules governing those categories and are for their benefit.

5. (1) The rules do not seek to regulate the management of institutions set aside for young persons
such as Borstal institutions or correctional schools, but in general part I would be equally applicable in
such institutions.

(2) The category of young prisoners should include at least all young persons who come within the
jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.

Part I

RULES OF GENERAL APPLICATION

Basic principle

6. (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth
or other status.

(2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group
to which a prisoner belongs.

Register
 2

7. (1) In every place where persons are imprisoned there shall be kept a bound registration book with
numbered pages in which shall be entered in respect of each prisoner received:

( a ) Information concerning his identity;

( b ) The reasons for his commitment and the authority therefor;

( c ) The day and hour of his admission and release.

(2) No person shall be received in an institution without a valid commitment order of which the details
shall have been previously entered in the register.

Separation of categories

8. The different categories of prisoners shall be kept in separate institutions or parts of institutions
taking account of their sex, age, criminal record, the legal reason for their detention and the
necessities of their treatment. Thus,

( a ) Men and women shall so far as possible be detained in separate institutions; in an institution
which receives both men and women the whole of the premises allocated to women shall be entirely
separate;

( b ) Untried prisoners shall be kept separate from convicted prisoners;

( c ) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons
imprisoned by reason of a criminal offence;

( d ) Young prisoners shall be kept separate from adults.

Accommodation

9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by
night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes
necessary for the central prison administration to make an exception to this rule, it is not desirable to
have two prisoners in a cell or room.

(2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being
suitable to associate with one another in those conditions. There shall be regular supervision by night,
in keeping with the nature of the institution.

10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation
shall meet all requirements of health, due regard being paid to climatic conditions and particularly to
cubic content of air, minimum floor space, lighting, heating and ventilation.

11. In all places where prisoners are required to live or work,

( a ) The windows shall be large enough to enable the prisoners to read or work by natural light, and
shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial
ventilation;

( b ) Artificial light shall be provided sufficient for the prisoners to read or work without injury to
eyesight.

12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of
nature when necessary and in a clean and decent manner.

13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled
and required to have a bath or shower, at a temperature suitable to the climate, as frequently as
 3

necessary for general hygiene according to season and geographical region, but at least once a week
in a temperate climate.

14. All parts of an institution regularly used by prisoners shall be properly maintained and kept
scrupulously clean at all times.

Personal hygiene

15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with
water and with such toilet articles as are necessary for health and cleanliness.

16. In order that prisoners may maintain a good appearance compatible with their self-respect,
facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave
regularly.

Clothing and bedding

17. (1) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of
clothing suitable for the climate and adequate to keep him in good health. Such clothing shall in no
manner be degrading or humiliating.

(2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed
as often as necessary for the maintenance of hygiene.

(3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an
authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.

18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission
to the institution to ensure that it shall be clean and fit for use.

19. Every prisoner shall, in accordance with local or national standards, be provided with a separate
bed, and with separate and sufficient bedding which shall be clean when issued, kept in good order
and changed often enough to ensure its cleanliness.

Food

20. (1) Every prisoner shall be provided by the administration at the usual hours with food of
nutritional value adequate for health and strength, of wholesome quality and well prepared and
served.

(2) Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport

21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable
exercise in the open air daily if the weather permits.

(2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational
training during the period of exercise. To this end space, installations and equipment should be
provided.

Medical services

22. (1) At every institution there shall be available the services of at least one qualified medical officer
who should have some knowledge of psychiatry. The medical services should be organized in close
relationship to the general health administration of the community or nation. They shall include a
psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental
abnormality.
 4

(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to
civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and
pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there
shall be a staff of suitable trained officers.

(3) The services of a qualified dental officer shall be available to every prisoner.

23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal and
post-natal care and treatment. Arrangements shall be made wherever practicable for children to be
born in a hospital outside the institution. If a child is born in prison, this fact shall not be mentioned in
the birth certificate.

(2) Where nursing infants are allowed to remain in the institution with their mothers, provision shall be
made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in
the care of their mothers.

24. The medical officer shall see and examine every prisoner as soon as possible after his admission
and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and
the taking of all necessary measures; the segregation of prisoners suspected of infectious or
contagious conditions; the noting of physical or mental defects which might hamper rehabilitation, and
the determination of the physical capacity of every prisoner for work.

25. (1) The medical officer shall have the care of the physical and mental health of the prisoners and
should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention
is specially directed.

(2) The medical officer shall report to the director whenever he considers that a prisoner's physical or
mental health has been or will be injuriously affected by continued imprisonment or by any condition of
imprisonment.

26. (1) The medical officer shall regularly inspect and advise the director upon:

( a ) The quantity, quality, preparation and service of food;

( b ) The hygiene and cleanliness of the institution and the prisoners;

( c ) The sanitation, heating, lighting and ventilation of the institution;

( d ) The suitability and cleanliness of the prisoners' clothing and bedding;

( e ) The observance of the rules concerning physical education and sports, in cases where there is no
technical personnel in charge of these activities.

(2) The director shall take into consideration the reports and advice that the medical officer submits
according to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take
immediate steps to give effect to those recommendations; if they are not within his competence or if
he does not concur with them, he shall immediately submit his own report and the advice of the
medical officer to higher authority.

Discipline and punishment

27. Discipline and order shall be maintained with firmness, but with no more restriction than is
necessary for safe custody and well-ordered community life.

28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.

(2) This rule shall not, however, impede the proper functioning of systems based on self-government,
under which specified social, educational or sports activities or responsibilities are entrusted, under
supervision, to prisoners who are formed into groups for the purposes of treatment.
 5

29. The following shall always be determined by the law or by the regulation of the competent
administrative authority:

( a ) Conduct constituting a disciplinary offence;

( b ) The types and duration of punishment which may be inflicted;

( c ) The authority competent to impose such punishment.

30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation,
and never twice for the same offence.

(2) No prisoner shall be punished unless he has been informed of the offence alleged against him and
given a proper opportunity of presenting his defence. The competent authority shall conduct a
thorough examination of the case.

(3) Where necessary and practicable the prisoner shall be allowed to make his defence through an
interpreter.

31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading
punishments shall be completely prohibited as punishments for disciplinary offences.

32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the medical
officer has examined the prisoner and certified in writing that he is fit to sustain it.

(2) The same shall apply to any other punishment that may be prejudicial to the physical or mental
health of a prisoner. In no case may such punishment be contrary to or depart from the principle
stated in rule 31.

(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the
director if he considers the termination or alteration of the punishment necessary on grounds of
physical or mental health.

Instruments of restraint

33. Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied
as a punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments of
restraint shall not be used except in the following circumstances:

( a ) As a precaution against escape during a transfer, provided that they shall be removed when the
prisoner appears before a judicial or administrative authority;

( b ) On medical grounds by direction of the medical officer;

( c ) By order of the director, if other methods of control fail, in order to prevent a prisoner from
injuring himself or others or from damaging property; in such instances the director shall at once
consult the medical officer and report to the higher administrative authority.

34. The patterns and manner of use of instruments of restraint shall be decided by the central prison
administration. Such instruments must not be applied for any longer time than is strictly necessary.

Information to and complaints by prisoners

35. (1) Every prisoner on admission shall be provided with written information about the regulations
governing the treatment of prisoners of his category, the disciplinary requirements of the institution,
the authorized methods of seeking information and making complaints, and all such other matters as
are necessary to enable him to understand both his rights and his obligations and to adapt himself to
the life of the institution.
 6

(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.

36. (1) Every prisoner shall have the opportunity each week day of making requests or complaints to
the director of the institution or the officer authorized to represent him.

(2) It shall be possible to make requests or complaints to the inspector of prisons during his
inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting
officer without the director or other members of the staff being present.

(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to substance
but in proper form, to the central prison administration, the judicial authority or other proper
authorities through approved channels.

(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt
with and replied to without undue delay.

Contact with the outside world

37. Prisoners shall be allowed under necessary supervision to communicate with their family and
reputable friends at regular intervals, both by correspondence and by receiving visits.

38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with
the diplomatic and consular representatives of the State to which they belong.

(2) Prisoners who are nationals of States without diplomatic or consular representation in the country
and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic
representative of the State which takes charge of their interests or any national or international
authority whose task it is to protect such persons.

39. Prisoners shall be kept informed regularly of the more important items of news by the reading of
newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by
lectures or by any similar means as authorized or controlled by the administration.

Books

40. Every institution shall have a library for the use of all categories of prisoners, adequately stocked
with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

Religion

41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified
representative of that religion shall be appointed or approved. If the number of prisoners justifies it
and conditions permit, the arrangement should be on a full-time basis.

(2) A qualified representative appointed or approved under paragraph (1) shall be allowed to hold
regular services and to pay pastoral visits in private to prisoners of his religion at proper times.

(3) Access to a qualified representative of any religion shall not be refused to any prisoner. On the
other hand, if any prisoner should object to a visit of any religious representative, his attitude shall be
fully respected.

42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by
attending the services provided in the institution and having in his possession the books of religious
observance and instruction of his denomination.

Retention of prisoners' property

 7

43. (1) All money, valuables, clothing and other effects belonging to a prisoner which under the
regulations of the institution he is not allowed to retain shall on his admission to the institution be
placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to
keep them in good condition.

(2) On the release of the prisoner all such articles and money shall be returned to him except in so far
as he has been authorized to spend money or send any such property out of the institution, or it has
been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a
receipt for the articles and money returned to him.

(3) Any money or effects received for a prisoner from outside shall be treated in the same way.

(4) If a prisoner brings in any drugs or medicine, the medical officer shall decide what use shall be
made of them.

Notification of death, illness, transfer, etc.

44. (1) Upon the death or serious illness of, or serious injury to a prisoner, or his removal to an
institution for the treatment of mental affections, the director shall at once inform the spouse, if the
prisoner is married, or the nearest relative and shall in any event inform any other person previously
designated by the prisoner.

(2) A prisoner shall be informed at once of the death or serious illness of any near relative. In case of
the critical illness of a near relative, the prisoner should be authorized, whenever circumstances allow,
to go to his bedside either under escort or alone.

(3) Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer
to another institution.

Removal of prisoners

45. (1) When the prisoners are being removed to or from an institution, they shall be exposed to
public view as little as possible, and proper safeguards shall be adopted to protect them from insult,
curiosity and publicity in any form.

(2) The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which
would subject them to unnecessary physical hardship, shall be prohibited.

(3) The transport of prisoners shall be carried out at the expense of the administration and equal
conditions shall obtain for all of them.

Institutional personnel

46. (1) The prison administration shall provide for the careful selection of every grade of the
personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the
work that the proper administration of the institutions depends.

(2) The prison administration shall constantly seek to awaken and maintain in the minds both of the
personnel and of the public the conviction that this work is a social service of great importance, and to
this end all appropriate means of informing the public should be used.

(3) To secure the foregoing ends, personnel shall be appointed on a full-time basis as professional
prison officers and have civil service status with security of tenure subject only to good conduct,
efficiency and physical fitness. Salaries shall be adequate to attract and retain suitable men and
women; employment benefits and conditions of service shall be favourable in view of the exacting
nature of the work.

47. (1) The personnel shall possess an adequate standard of education and intelligence.
 8

(2) Before entering on duty, the personnel shall be given a course of training in their general and
specific duties and be required to pass theoretical and practical tests.

(3) After entering on duty and during their career, the personnel shall maintain and improve their
knowledge and professional capacity by attending courses of in-service training to be organized at
suitable intervals.

48. All members of the personnel shall at all times so conduct themselves and perform their duties as
to influence the prisoners for good by their example and to command their respect.

49. (1) So far as possible, the personnel shall include a sufficient number of specialists such as
psychiatrists, psychologists, social workers, teachers and trade instructors.

(2) The services of social workers, teachers and trade instructors shall be secured on a permanent
basis, without thereby excluding part-time or voluntary workers.

50. (1) The director of an institution should be adequately qualified for his task by character,
administrative ability, suitable training and experience.

(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time basis.

(3) He shall reside on the premises of the institution or in its immediate vicinity.

(4) When two or more institutions are under the authority of one director, he shall visit each of them
at frequent intervals. A responsible resident official shall be in charge of each of these institutions.

51. (1) The director, his deputy, and the majority of the other personnel of the institution shall be able
to speak the language of the greatest number of prisoners, or a language understood by the greatest
number of them.

(2) Whenever necessary, the services of an interpreter shall be used.

52. (1) In institutions which are large enough to require the services of one or more full-time medical
officers, at least one of them shall reside on the premises of the institution or in its immediate vicinity.

(2) In other institutions the medical officer shall visit daily and shall reside near enough to be able to
attend without delay in cases of urgency.

53. (1) In an institution for both men and women, the part of the institution set aside for women shall
be under the authority of a responsible woman officer who shall have the custody of the keys of all
that part of the institution.

(2) No male member of the staff shall enter the part of the institution set aside for women unless
accompanied by a woman officer.

(3) Women prisoners shall be attended and supervised only by women officers. This does not,
however, preclude male members of the staff, particularly doctors and teachers, from carrying out
their professional duties in institutions or parts of institutions set aside for women.

54. (1) Officers of the institutions shall not, in their relations with the prisoners, use force except in
self-defence or in cases of attempted escape, or active or passive physical resistance to an order based
on law or regulations. Officers who have recourse to force must use no more than is strictly necessary
and must report the incident immediately to the director of the institution.

(2) Prison officers shall be given special physical training to enable them to restrain aggressive
prisoners.
 9

(3) Except in special circumstances, staff performing duties which bring them into direct contact with
prisoners should not be armed. Furthermore, staff should in no circumstances be provided with arms
unless they have been trained in their use.

Inspection

55. There shall be a regular inspection of penal institutions and services by qualified and experienced
inspectors appointed by a competent authority. Their task shall be in particular to ensure that these
institutions are administered in accordance with existing laws and regulations and with a view to
bringing about the objectives of penal and correctional services.

Part II

RULES APPLICABLE TO SPECIAL CATEGORIES

A. Prisoners under sentence

Guiding principles

56. The guiding principles hereafter are intended to show the spirit in which penal institutions should
be administered and the purposes at which they should aim, in accordance with the declaration made
under Preliminary Observation 1 of the present text.

57. Imprisonment and other measures which result in cutting off an offender from the outside world
are afflictive by the very fact of taking from the person the right of self-determination by depriving him
of his liberty. Therefore the prison system shall not, except as incidental to justifiable segregation or
the maintenance of discipline, aggravate the suffering inherent in such a situation.

58. The purpose and justification of a sentence of imprisonment or a similar measure deprivative of
liberty is ultimately to protect society against crime. This end can only be achieved if the period of
imprisonment is used to ensure, so far as possible, that upon his return to society the offender is not
only willing but able to lead a law-abiding and self-supporting life.

59. To this end, the institution should utilize all the remedial, educational, moral, spiritual and other
forces and forms of assistance which are appropriate and available, and should seek to apply them
according to the individual treatment needs of the prisoners.

60. (1) The regime of the institution should seek to minimize any differences between prison life and
life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity
as human beings.

(2) Before the completion of the sentence, it is desirable that the necessary steps be taken to ensure
for the prisoner a gradual return to life in society. This aim may be achieved, depending on the case,
by a pre-release regime organized in the same institution or in another appropriate institution, or by
release on trial under some kind of supervision which must not be entrusted to the police but should
be combined with effective social aid.

61. The treatment of prisoners should emphasize not their exclusion from the community, but their
continuing part in it. Community agencies should, therefore, be enlisted wherever possible to assist the
staff of the institution in the task of social rehabilitation of the prisoners. There should be in connection
with every institution social workers charged with the duty of maintaining and improving all desirable
relations of a prisoner with his family and with valuable social agencies. Steps should be taken to
safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to
civil interests, social security rights and other social benefits of prisoners.
 10

62. The medical services of the institution shall seek to detect and shall treat any physical or mental
illnesses or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical and
psychiatric services shall be provided to that end.

63. (1) The fulfilment of these principles requires individualization of treatment and for this purpose a
flexible system of classifying prisoners in groups; it is therefore desirable that such groups should be
distributed in separate institutions suitable for the treatment of each group.

(2) These institutions need not provide the same degree of security for every group. It is desirable to
provide varying degrees of security according to the needs of different groups. Open institutions, by
the very fact that they provide no physical security against escape but rely on the self-discipline of the
inmates, provide the conditions most favourable to rehabilitation for carefully selected prisoners.

(3) It is desirable that the number of prisoners in closed institutions should not be so large that the
individualization of treatment is hindered. In some countries it is considered that the population of
such institutions should not exceed five hundred. In open institutions the population should be as small
as possible.

(4) On the other hand, it is undesirable to maintain prisons which are so small that proper facilities
cannot be provided.

64. The duty of society does not end with a prisoner's release. There should, therefore, be
governmental or private agencies capable of lending the released prisoner efficient after-care directed
towards the lessening of prejudice against him and towards his social rehabilitation.

Treatment

65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its
purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding
and self-supporting lives after their release and to fit them to do so. The treatment shall be such as
will encourage their self-respect and develop their sense of responsibility.

66. (1) To these ends, all appropriate means shall be used, including religious care in the countries
where this is possible, education, vocational guidance and training, social casework, employment
counselling, physical development and strengthening of moral character, in accordance with the
individual needs of each prisoner, taking account of his social and criminal history, his physical and
mental capacities and aptitudes, his personal temperament, the length of his sentence and his
prospects after release.

(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon as possible
after his admission, full reports on all the matters referred to in the foregoing paragraph. Such reports
shall always include a report by a medical officer, wherever possible qualified in psychiatry, on the
physical and mental condition of the prisoner.

(3) The reports and other relevant documents shall be placed in an individual file. This file shall be
kept up to date and classified in such a way that it can be consulted by the responsible personnel
whenever the need arises.

Classification and individualization

67. The purposes of classification shall be:

( a ) To separate from others those prisoners who, by reason of their criminal records or bad
characters, are likely to exercise a bad influence;

( b ) To divide the prisoners into classes in order to facilitate their treatment with a view to their social
rehabilitation.
 11

68. So far as possible separate institutions or separate sections of an institution shall be used for the
treatment of the different classes of prisoners.

69. As soon as possible after admission and after a study of the personality of each prisoner with a
sentence of suitable length, a programme of treatment shall be prepared for him in the light of the
knowledge obtained about his individual needs, his capacities and dispositions.

Privileges

70. Systems of privileges appropriate for the different classes of prisoners and the different methods of
treatment shall be established at every institution, in order to encourage good conduct, develop a
sense of responsibility and secure the interest and co-operation of the prisoners in their treatment.

Work

71. (1) Prison labour must not be of an afflictive nature.

(2) All prisoners under sentence shall be required to work, subject to their physical and mental fitness
as determined by the medical officer.

(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a
normal working day.

(4) So far as possible the work provided shall be such as will maintain or increase the prisoners, ability
to earn an honest living after release.

(5) Vocational training in useful trades shall be provided for prisoners able to profit thereby and
especially for young prisoners.

(6) Within the limits compatible with proper vocational selection and with the requirements of
institutional administration and discipline, the prisoners shall be able to choose the type of work they
wish to perform.

72. (1) The organization and methods of work in the institutions shall resemble as closely as possible
those of similar work outside institutions, so as to prepare prisoners for the conditions of normal
occupational life.

(2) The interests of the prisoners and of their vocational training, however, must not be subordinated
to the purpose of making a financial profit from an industry in the institution.

73. (1) Preferably institutional industries and farms should be operated directly by the administration
and not by private contractors.

(2) Where prisoners are employed in work not controlled by the administration, they shall always be
under the supervision of the institution's personnel. Unless the work is for other departments of the
government the full normal wages for such work shall be paid to the administration by the persons to
whom the labour is supplied, account being taken of the output of the prisoners.

74. (1) The precautions laid down to protect the safety and health of free workmen shall be equally
observed in institutions.

(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational
disease, on terms not less favourable than those extended by law to free workmen.

75. (1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or by
administrative regulation, taking into account local rules or custom in regard to the employment of free
workmen.
 12

(2) The hours so fixed shall leave one rest day a week and sufficient time for education and other
activities required as part of the treatment and rehabilitation of the prisoners.

76. (1) There shall be a system of equitable remuneration of the work of prisoners.

(2) Under the system prisoners shall be allowed to spend at least a part of their earnings on approved
articles for their own use and to send a part of their earnings to their family.

(3) The system should also provide that a part of the earnings should be set aside by the
administration so as to constitute a savings fund to be handed over to the prisoner on his release.

Education and recreation

77. (1) Provision shall be made for the further education of all prisoners capable of profiting thereby,
including religious instruction in the countries where this is possible. The education of illiterates and
young prisoners shall be compulsory and special attention shall be paid to it by the administration.

(2) So far as practicable, the education of prisoners shall be integrated with the educational system of
the country so that after their release they may continue their education without difficulty.

78. Recreational and cultural activities shall be provided in all institutions for the benefit of the mental
and physical health of prisoners.

Social relations and after-care

79. Special attention shall be paid to the maintenance and improvement of such relations between a
prisoner and his family as are desirable in the best interests of both.

80. From the beginning of a prisoner's sentence consideration shall be given to his future after release
and he shall be encouraged and assisted to maintain or establish such relations with persons or
agencies outside the institution as may promote the best interests of his family and his own social
rehabilitation.

81. (1) Services and agencies, governmental or otherwise, which assist released prisoners to re-
establish themselves in society shall ensure, so far as is possible and necessary, that released
prisoners be provided with appropriate documents and identification papers, have suitable homes and
work to go to, are suitably and adequately clothed having regard to the climate and season, and have
sufficient means to reach their destination and maintain themselves in the period immediately
following their release.

(2) The approved representatives of such agencies shall have all necessary access to the institution
and to prisoners and shall be taken into consultation as to the future of a prisoner from the beginning
of his sentence.

(3) It is desirable that the activities of such agencies shall be centralized or co-ordinated as far as
possible in order to secure the best use of their efforts.

B. Insane and mentally abnormal prisoners

82. (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be
made to remove them to mental institutions as soon as possible.

(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in
specialized institutions under medical management.

(3) During their stay in a prison, such prisoners shall be placed under the special supervision of a
medical officer.
 13

(4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric
treatment of all other prisoners who are in need of such treatment.

83. It is desirable that steps should be taken, by arrangement with the appropriate agencies, to ensure
if necessary the continuation of psychiatric treatment after release and the provision of social-
psychiatric after-care.

C. Prisoners under arrest or awaiting trial

84. (1) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained
either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be
referred to as "untried prisoners" hereinafter in these rules.

(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.

(3) Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure
to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which
is described in the following rules in its essential requirements only.

85. (1) Untried prisoners shall be kept separate from convicted prisoners.

(2) Young untried prisoners shall be kept separate from adults and shall in principle be detained in
separate institutions.

86. Untried prisoners shall sleep singly in separate rooms, with the reservation of different local
custom in respect of the climate.

87. Within the limits compatible with the good order of the institution, untried prisoners may, if they so
desire, have their food procured at their own expense from the outside, either through the
administration or through their family or friends. Otherwise, the administration shall provide their food.

88. (1) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.

(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.

89. An untried prisoner shall always be offered opportunity to work, but shall not be required to work.
If he chooses to work, he shall be paid for it.

90. An untried prisoner shall be allowed to procure at his own expense or at the expense of a third
party such books, newspapers, writing materials and other means of occupation as are compatible with
the interests of the administration of justice and the security and good order of the institution.

91. An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there
is reasonable ground for his application and he is able to pay any expenses incurred.

92. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be
given all reasonable facilities for communicating with his family and friends, and for receiving visits
from them, subject only to restrictions and supervision as are necessary in the interests of the
administration of justice and of the security and good order of the institution.

93. For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid
where such aid is available, and to receive visits from his legal adviser with a view to his defence and
to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be
supplied with writing material. Interviews between the prisoner and his legal adviser may be within
sight but not within the hearing of a police or institution official.

D. Civil prisoners
 14

94. In countries where the law permits imprisonment for debt, or by order of a court under any other
non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or
severity than is necessary to ensure safe custody and good order. Their treatment shall be not less
favourable than that of untried prisoners, with the reservation, however, that they may possibly be
required to work.

E. Persons arrested or detained without charge

95. Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political
Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that
accorded under part I and part II, section C. Relevant provisions of part II, section A, shall likewise be
applicable where their application may be conducive to the benefit of this special group of persons in
custody, provided that no measures shall be taken implying that re-education or rehabilitation is in any
way appropriate to persons not convicted of any criminal offence.
Architectural Programming

The architectural space program is developed from the information provided

in the operational program. Using appropriate standards and guidelines, the
architectural program provides a list of each space required in the facility and its
assigned square footage. Functional proximities and relationships identified in the
operational program are noted and a building "footprint" is drafted, which allows
investigation of site requirements. Again, review of these spaces by the "user
agency" is important to ensure that the space program reflects the desired operation.
Preliminary estimates of capital and operating costs result from this work, which
provides the facility owner with an understanding of the overall costs required over
the life of the facility.

Design Review

The planning process does not end with development of the architectural
program. Senior corrections staff who will operate the facility should also be part of
the design review process to ensure that the intent of the operating and architectural
program is interpreted into design. In addition, potential users should be included in
any decisions to cut overall square footage to meet budget guidelines. The users
should also be involved in selecting equipment, furnishings, and colors and materials
for wall coverings and floors since the immediate environment has a psychological
impact on the behavior and mood of the women who will be incarcerated there. As
the design is refined, staffing needs can be more accurately assessed and posts
defined.

Activation

While the facility is under construction, the corrections department should

begin the process of planning the activation of the new facility. Adequate planning for
occupation is critical, especially if the management/operational concept of the new
facility is different from that of the existing facility and the older facility is to be
vacated when the new one comes on line. A transition team including the facility
administrator and other key senior staff who will work in the new facility should be
assembled to plan for the facility opening. Tasks associated with this include refining
staffing patterns; developing hiring schedules; defining position responsibilities;
developing procedural and operational manuals; and planning staff training, inmate
orientation, and the many other details of a smooth transition.

Planning and Legal Issues

The types of litigation being pursued by inmates--both male and female--serve

as a basis for identifying potential problems for those who plan, design, and operate
women's facilities. The courts provide few specific design imperatives; instead, they
indicate many important design principles that should be considered. While it is
virtually impossible to design a "litigation-proof" facility, the following suggestions
may help keep jurisdictions conscious of the important issues being raised in the
courts.

• View the Facility in Its Totality. Designers should avoid focusing too closely on
specific design elements or features in an effort to meet court requirements. Rather,
it is clear that courts will evaluate the entire physical and operational environment to
determine its adequacy. Therefore, while providing additional toilets, showers, or a
bathtub might seem reasonable attempts to be sensitive to the special needs of
women, failure to provide proper staffing, programs, or services can quickly obviate
such design features.

• Provide Flexibility. Case law in the area of prison design is evolving slowly. It
is impossible to predict what requirements may be established in the future--just as
the future character of inmate populations is difficult to predict. Therefore, facilities
should be designed to permit flexibility for future operators. For example, an industry
that seems well suited for women inmates today may be found to be discriminatory
in the future, requiring a change in the use of the industry space. There are many
ways to design and construct a correctional facility to provide options for changing
users and uses; all of these should be systematically employed in a women's facility.

• Prepare for Diversity of Programs. Some recent cases suggest that

vocational, educational, and even industrial programs must be provided with
comparable diversity for women. Designers should consider the need to deliver
many different programs, even though the number of women inmates may seem too
low to make them efficient. It may not be unusual to find several small classes
required at the same time.

• Prepare for Crowding. Many corrections experts believe that crowding is more
severe for women inmates than for their male counterparts. When this is true, the
likelihood that litigation will be initiated is much higher. Some believe that female
populations will grow disproportionately faster than male populations. If this is the
case, new women's facilities may face space pressures sooner than expected.
Again, there are many design techniques that can be used to anticipate crowding
and mitigate its impact; all of these must be employed for women's facilities. Further,
the ability to efficiently expand such facilities must be ensured.

• Location. There are hints in recent litigation that the location of a women's
facility may be considered in the determination of parity. If possible, women's
facilities should not be located in remote regions, causing traveling hardships for
family, friends, and counsel. The location decision should be carefully considered
and the decision process well documented to demonstrate that it was done properly.

• Diversity of Classification. Courts have demanded that all levels of

classification and all types of alternatives be provided to women inmates. While the
number of male inmates in a system would allow separate facilities to be constructed
for each distinct classification, smaller women's facilities must necessarily provide
this diversity on one site or in one structure. Designers must be sure that a full range
of settings is available, including low-security options (e.g., prerelease, work
release). It may not be sufficient to house work release inmates with other
classifications.

• Provide Privacy from Male Staff. Designers would be wise to assume that
male staff will work in all areas of a facility. With that in mind, provisions should be
made to offer women inmates a degree of privacy without compromising security.
This will be especially important in housing areas. Further, sufficient staff facilities
should be provided for both genders.

• Legal Materials. Legal facilities and services approved for male inmates by
the courts may be found to be insufficient for women inmates. Designers should
make provisions to expand legal libraries and legal assistance activity areas.

• Per Capita Cost. Courts have stated that parity for women will be achieved,
regardless of costs. Design, construction, and operating expenses may be
significantly higher for women's prisons when measured on a per capita basis
because of the lack of economies of scale enjoyed in men's facilities. When costs
threaten to constrain a design, careful consideration should be given to potential
legal ramifications. When in doubt, it is better to provide the space (or other design
feature) than risk triggering expensive court inquiry into the entire operation.
Industries

Choosing Industries. The choice of what prison industries programs have to

offer is influenced by several factors: the need of the correctional jurisdiction to have
the inmates manufacture goods for use in the prison environment; the area
marketplace; the constraints imposed by legislation that can require prison industries
to only provide goods and services for government agencies; the level of training
demanded by a potential industry, and the amount of space and resources the
jurisdiction decides to dedicate to its development. In addition, the mission of the
prison industries component must be defined: Are the industries to be profit-making
business enterprises? Are they to provide needed products or services to
correctional department facilities and be break-even operations? Are they to be
designated to run at a loss because their benefit is to augment vocational training or
reduce inmate idleness? Furthermore, special programs that include involvement of
the private sector can also be considered. The mission of prison industry programs
will affect the industries selected for inclusion in the women's prison, the amount of
space devoted to them, and the way in which these spaces are designed.

Industries vocational programs in women's facilities have tended to cluster

around occupations traditionally viewed as "femal": sewing, food service, secretarial
skills, nursing aide training, etc. In recent years (and in response to recent litigation)
efforts have been made to introduce "heavier" industries to the women population
(construction trades, auto mechanics, etc.). While the move toward parity of
industries opportunities to those provided in prisons for men is understandable, it
should be noted that these programs may not equip female inmates to find
employment in the community any better than traditionally "female" industries. Both
the garment industry and the number of heavy industrial jobs are steadily declining.
Even secretarial positions demand an increasing skill level. As the economy
becomes more technology and service oriented, the correctional system needs to re-
evaluate what prison industries should be--both to continue providing meaningful job
training and to run commercially viable shops.

The required skill level of a potential industry deserves special consideration.

Telemarketing, for example, may provide a cost- effective operation and meaningful
job experience, but a fairly high level of verbal skills--and often some computer skills-
-are required to get a telemarketing job in the community. Data entry presents similar
problems. Unless the jurisdiction is willing to commit substantial resources and time
to training industries participants, these industries may not prove viable because the
number of inmates with adequate skills may not be large enough. In addition,
industries work should be available to more inmates than just the few who are highly
skilled and better educated. Therefore, jurisdictions should consider planning for
several industries shops, even though, in a women's facility, those shops are likely to
be small. A garment shop, a food service program, and a data entry or telemarketing
shop, for example, could provide work experience for inmates with varying skill levels
and interests.
Prison industries offerings, like vocational education, varied widely among the
facilities surveyed, although they tended to cluster around traditionally "women"
occupations such as sewing and sit-down assembly work (See Table 4). The states
running tourism package assembly industries (Kentucky, Minnesota, and North
Carolina) reported that these industries do very well; in North Carolina, inmates will
soon begin staffing an "800" phone line to answer questions about the state's
tourism opportunities, thus enabling inmates to gain customer service skills.

Three respondents indicated the need for expanded industries programming

and identified parity with industrial offerings in male correctional institutions as an
important issue in identifying new programs.

Number of Participants. The number of inmates who will be employed in

prison industries is influenced by available space, the type of program, and whether
or not double shifts will be operated. Some industries, such as engraving or
upholstery, are labor intensive and do not employ a high number of inmates. Others,
such as a garment factory, employ more inmates but do not necessarily offer
meaningful job training. Telemarketing, customer service/tourism, and data entry
provide the most viable "middle ground"--employing a fairly large number of inmates
while offering a meaningful job experience. The six surveyed institutions with
industries operations employed an average of 19.6% of their populations.

Design/Environmental Concerns. Like vocational training, prison industries

space should be flexible to accommodate changing and expanding programs; the
ability to expand is particularly important since women inmate populations are
anticipated to continue to grow and additions to existing facilities are not uncommon.
The size of newly planned industrial shops and facilities should be adequate to serve
an expanding population. Wiring and electrical voltage should be provided that can
accommodate a variety of industrial opportunities to allow for flexibility and change;
the ability to accommodate oversize equipment is also important. Noise levels in a
large space can be reduced through acoustical treatments on walls and ceilings;
space can also be subdivided with materials that absorb sound.

If the jurisdiction intends to install industries that will require the delivery and
pickup of a large amount of materials and goods, the industries component should
be located in close proximity to the service vehicular entrance and should be
equipped with its own loading dock. Adequate spaces should also be provided for
receiving, inventory, and bookkeeping functions. The latter two spaces should be
designed for computerization.

The respondent from Minnesota reported having the most problems with the
facility's industries space. In that facility, the data entry and telemarketing industries
run two shifts to accommodate the number of inmates eligible for work; the
respondent reported that it would be preferable to run one larger shift, but that the
space will not accommodate more workers. Both Iowa and Montana reported a
desire for more industry offerings, but indicated that space or other considerations
(e.g., inadequate wiring) hampered the installation of new equipment or the setup of
new shops.

Exemplary Programs. Particularly considering its limited space, the

Minnesota facility runs industries programs that provide training in marketable skills.
While parity is an issue, it should be noted that overall trends indicate that "heavy"
industry will become increasingly less important in the economy and that service jobs
or computer applications will grow. Therefore, the Minnesota programs in data entry
and telemarketing are good industrial choices for women inmates, as is North
Carolina's addition of the inmate-staffed "800" telephone service.

Family Programs

The majority of incarcerated women are mothers, and they tend to be very
anxious about the effect their incarceration will have on their children. In addition,
custody problems may complicate parent-child relations, and the isolated location of
many correctional facilities may decrease the frequency of visits. Family (and
particularly parent-child) programs are essential to helping women inmates deal with
their anxiety, maintain strong relationships with their children, and become more
effective parents.

The provision of these programs has a significant impact on facility design.

The facility should not be an intimidating place for children and inmates should feel
comfortable bringing their children to it. In addition, space should be available so that
mothers and children can spend private time together in a normalized, homelike
atmosphere.

Parent-Child Programs. The most important parent-child activity that takes

place in the facility is visiting. Survey respondents agreed that, if possible, these
visits should take place in a dedicated environment. The surveyed facilities have met
this need in several different ways: in Pennsylvania, for example, parent-child visits
are held in a trailer on the facility grounds. The trailer is divided into areas for infants,
young children, and adolescents, and inmates conduct visits under the supervision of
a social worker. Minnesota has incorporated trundle beds into the cell design,
allowing overnight visits on the housing unit. Kentucky and Montana offer overnight
visiting, but space is extremely limited. Both of these facilities must limit participation
to one inmate per week; in Kentucky, the inmate and her visiting children sleep on
mattresses in the chapel. The Minnesota, Iowa, and Pennsylvania facilities provided
some dedicated space for children in the general visiting area; the other respondents
indicated that such space would be desirable. North Carolina did not have any indoor
children's space, but a landscaped playground was available on the facility grounds.
 Two respondents raised questions about the effectiveness of special holiday
activities, picnics, or other large-scale family activities. These events tended not to
be poorly attended; the respondents added that they thought this was partially
because of the location of the facility and partially because caretakers are reluctant
to allow children to interact with many inmates and many children--distrust of other
mothers is difficult to overcome, particularly if these mothers are also incarcerated
women. Smaller-scale or more private activities tend to work better, they reported.

Additional space for parent-child programs can be obtained economically if

trailers or a small modular unit can be placed on the facility grounds (such as the
trailer used at the Pennsylvania facility). A dedicated modular unit could
accommodate visiting (including a number of rooms for overnight visits) and play
areas and provide a more normalized or "homelike" atmosphere away from the main
institution. The child can be taken on a tour of the main facility or can attend activities
there, but the visit can be kept private; moreover, the child need not disrupt regular
visiting and facility routines.

New facilities should incorporate space for play, day visits, and overnight
visits. Multipurpose rooms can be used for some of these activities, but it is important
that children feel comfortable in the facility--and that process is helped by having
dedicated space furnished for children.

Other types of programs can also foster better relationships between parents
and children. Letter writing, phone calls, and using craft classes to make gifts for
children allow inmate mothers to feel closer to their children and to improve their
communication with their children.

Parenting Classes. All of the surveyed facilities offered some parenting

classes. In Minnesota, completion of the STEP (Systematic Training for Effective
Parenting) course was a prerequisite for participation in overnight visiting. The
Minnesota and Pennsylvania facilities also offered parent support groups outside of
formalized classes. All respondents reported that demand for these classes was
high. Any such programs should focus on teaching the mother how to deal with her
children during the transition period when she first returns home; few packaged
parenting programs provide this critical information. After home visits during the
prerelease stages and work release, inmates should be counseled by
knowledgeable staff to enhance the value of the visits.

Parenting classes do not necessarily require a specialized environment.

Academic classrooms, the life skills lab or a multipurpose room can be used.
Sufficient space should be available for role-play activities and the showing of films.
Mental Health Services

The surveyed respondents agreed that ready access to mental health

services was critical in women's institutions. Several facilities reported problems with
arranging transfers for the mentally ill inmates; treatment beds in other facilities are
often filled and the inmate must wait longer than is advisable for transfer.
Respondents agreed that a multilevel system of mental health intervention is most
advisable, and that a sheltered workshop would be beneficial as a component of
mental health programming.

The surveyed institutions provided for their mentally ill inmates in a variety of
ways. Only the Pennsylvania Women's Facility at Muncy has dedicated mental
health housing (beyond an infirmary or psychiatric observation housing). This facility
operates a state-licensed, 12-bed mental health facility on the grounds of the
institution to serve its 546 inmates. This unit has a complete psychiatric staff and
dedicated space for counseling and other activities. Patients can be held there for up
to 25 days pending a hearing for transfer to a state psychiatric facility. The
respondent noted that this unit is adequate "at the moment" but that she sees the
need for more mental health housing in the institution.

North Carolina began construction in the fall of 1989 on a 30-bed dedicated

mental health unit providing three levels of treatment programming.

Jurisdictions have several options for managing treatment of their mentally ill
women inmates. If the corrections department already operates or is planning a
special needs or mental health facility, treatment units can be dedicated for women
requiring inpatient care. In some jurisdictions, routinely transferring more highly
disturbed women to state hospitals may be the best solution because there are not
sufficient numbers of these patients to warrant a dedicated treatment unit at the
facility. However, if this is the case, then a sheltered and supportive living
environment should be planned for the returning patients. Regardless of the inpatient
solution, however, a continuum of mental health service delivery should be
developed to identify and support the mentally or emotionally disturbed woman
according to her level of need. This includes the provision of transition and linkage
services to prepare her for return to the community on parole.

Inpatient Mental Health Care. The decision to provide intensive treatment in-
house for mentally ill inmates is influenced by several factors: the size of the
mentally ill population, their level of dysfunction, the proximity of the facility to a
professional community from which mental health staff can be hired, local community
treatment resources, and correctional department policy. Because mentally ill
women form a small percentage of a jurisdiction's inmate population, development of
intensive inpatient treatment services for them in the correctional environment has
not, until recently, been seen as a priority; older facilities have not been designed to
accommodate this need.
 The ability of correctional jurisdictions to treat an inmate in acute crisis against
her will varies. For the most part, strict administrative rules or legislation governs this
process to prevent abuse in the correctional setting; traditionally, the mission of
corrections has not been to provide mental health treatment. Many jurisdictions have
found that the due process system that must be followed to commit an inmate into a
mental hospital is long and arduous, causing the inmate to suffer unduly. For the
most part, this dilema is resolved through an emergency transfer to a local
community or state mental health facility based on a finding by two psychiatrists that
the inmate is an immediate "danger to herself or others commitment"; the due
process system takes over after this emergency.

Once in the hospital environment the inmate is assessed, medicated, quickly

stabilized, and then returned to the correctional institution.

Unfortunately, unless the correctional jurisdiction has a dedicated mental

health unit, the inmate is returned to the general population or placed in protective
custody, neither of which is the optimal solution. Despite the best attempts on the
part of medical and psychological staff to provide support in this environment, the
inmate often decompensates and the cycle begins anew; transfer to the mental
hospital becomes a revolving door. Therefore, at a minimum, a dedicated housing
unit designed to facilitate the delivery of a higher level of mental health care than is
available for the general population is advisable.

In planning a special jurisdiction unit within its women's facility for mental
health treatment, one must define levels of care to be provided and develop a data
base to quantify the necessary services. This information is vital to the unit design
and size; treatment planning, and unit staffing. Treatment beds represent an
expensive resource and the most intensive option in a continuum of services;
therefore, assessment of need will help to ensure that enough beds are built and that
plans have been made to use them effectively.

In planning a special mental health treatment unit, it is important to clearly

define the population to be served in this unit in behavioral terms. If the institution will
be required to hold women in acute crisis pending authority to transfer them to a
mental hospital for treatment, a higher number of cells that are sized to
accommodate the use of medical restraints will be needed than if inmates are
treated against their will in this mental health unit. Acute crisis rooms should be
located so that the staff can directly observe the patients; the rooms also need to be
stripped of all equipment that an inmate could use to harm herself. A separate acute
care unit for women in mental health crisis is desirable but may not be feasible if the
women inmate population is small. If this is the case, then care should be taken to
develop an acute care area within the unit that provides visible access, but that also
has some sound separation.
 An acute mental health unit should be located adjacent to an intermediate
treatment unit that provides a less restrictive environment and a more active
treatment program. Both of these units should be located close to the medical
infirmary to facilitate the proximity of medical and mental health staff in the care of
mutual clients. The mental health environment as "normalized" as is feasible and the
interior of the unit so that it is conducive to treatment and does not exacerbate
symptoms. For example, colors used in the unit should be chosen carefully since
some colors can overstimulate an aggressive patient and some colors can
understimulate a depressed one. Acoustical treatments should be provided to buffer
sound and textures should abe chosen carefully.
The jurisdiction also needs to determine the treatment approach, model, and
mode of service delivery, because this will impact the number and type of spaces to
be included in the design. For example, if the facility chooses to develop a
therapeutic environment in which to provide intensive treatment, that particular
housing unit should include offices for the treatment staff, rooms for group therapy
and therapeutic recreation rooms, instead of separating the treatment staff from the
inmates, as is usually done in correctional institutions. Placing treatment staff in the
housing unit promotes behavioral observation and interaction between patients and
staff, which in turn creates a more supportive therapeutic milieu, provides treatment
staff with a higher degree of familiarity with the patients and their issues, and
decreases the tensions and fears that exacerbate acting-out behavior. When
treatment staff are separated from the population they serve, there is a tendency for
them to interact with the patient only by appointment and many benefits are lost.

A diagnostic process should be established for assessing mentally ill inmates

so that they are identified and assigned to the appropriate level of care in the least
restrictive environment; a mentally ill woman should not be kept in an intensive
treatment environment if she is sufficiently stable to be treated in an environment
that allows her to be more actively involved in everyday programs and activities. The
intake process should include a mental health screening, and even though an inmate
may not be in need of services at that time, a system for periodic checking and
referral for evaluation should be in place throughout the inmate's sentence in the
event she begins to exhibit signs of decompensating.

General Population Services. Inpatient treatment beds alone are not

sufficient to meet the needs of mentally ill inmates. Follow-up mental health services
need to be provided for women when they are discharged from the special mental
health unit and returned to the general population. Just as the discharged mental
patient must find support in the community (specialized housing, clinics, therapy,
etc.), the inmate who is discharged from inpatient care must find support in the
institution. Services for mentally/emotionally disturbed women who may never be
sufficiently disturbed to be housed in a special mental health unit are equally
important. Institutional programming should include psychological services,
psychiatric review, medication monitoring, counseling or follow-up therapy, and
transition/linkage services as need dictates. One option could be a sheltered living
situation where inmates live together but receive day treatment services or
mainstream into general population activities during the day. A mental health clinic
area could be located adjacent to the mental health unit that provides space in which
inmates from the general population can receive these services. This area should
be designed to accommodate group therapy, individual counseling, and therapeutic
recreation. This will facilitate the ability of mental health staff located in the mental
health unit to provide some of these services.

Decisions regarding the management and treatment of mentally ill inmates

can have tremendous spatial impact. A jurisdiction must carefully evaluate the extent
of services needed, the types of treatment to be provided and the delivery system to
be establishedin order to cost-effectively meet the needs of these inmates.
Augmenting general population services, contracting for local mental health beds in
the community, and providing a sheltered living environment in the institution, for
example, may prove more cost-effective in a jurisdiction with a low number of acutely
dysfunctional inmates. If the facility is being renovated or expanded, existing housing
units can be modified to include spaces in which to provide mental health services
and be redesignated for inmates requiring a sheltered living environment, rather than
the jurisdiction investing in construction of new treatment beds. Housing the more
acute and chronically mentally or emotionally disturbed population together,
assigning specialized staff to that unit, and providing a higher level of programming
for these inmates than is available to those in general population may enable a
jurisdiction to meet its needs with minimal construction costs.
MAXIMUM SECURITY DETENTION CELL

High security detention

cells are reserved for the
most violent and
dangerous offenders.
These prisons include far
more guards than both
minimum and medium
security, and very little
freedom. Each person
confined to such a prison
is considered to be a
high-risk individual.
Maximum security prison
and supermax prisons
are grades of high security level used by prison systems in various countries, which
pose a higher level of security to prevent prisoners from escaping and from doing harm
to other inmates or security guards. is a "control-unit" prison, or a unit within prisons,
which represents the most secure levels of custody in the prison systems of certain
countries.

The objective is to provide long-term, segregated housing for inmates classified as the
highest security risks in the prison system and those who pose an extremely serious
threat to both national and global security. According to the National Institute of
Corrections, an agency of the United States government, "a supermax is a stand-alone
unit or part of another facility and is designated for violent or disruptive incarcerated
individuals. It typically involves up to 23-hour-per-day, single-cell confinement for an
indefinite period of time. Those incarcerated in supermax housing have minimal
contact with staff and other inmates," a definition confirmed by a majority of prison
wardens. supermax prison, correctional facility, or collection of separate housing
units within a maximum-security prison, in the American prison system that is designed
to house both inmates described as the most-hardened criminals and those who
cannot be controlled through other means.

Maximum security detention cells were constructed to increase the safety of prison
staff, other inmates, and the public. These facilities specialize in the secure control of
inmates who have engaged in violent behaviour against other inmates or staff in
another institution or who have had difficulty following the rules in lower-security
prisons. Some supermax facilities also house prisoners who require protective custody
or are part of a “special population” (such as death row prisoners).
MEDIUM SECURITY DETENTION CELL

Medium security detention cells are the standard facilities used to house most
criminals. They feature cage-style housing, armed guards, and a much more
regimented daily routine than minimum security. Medium-security prisons tend to be
a mixed bag. Some are relatively easy and safe institutions, while others are incredibly
violent. Due to this diversity, it is essential to know the medium-security federal
prisons’ culture.

According to the Federal Bureau of Prisons, medium-security prisons have

strengthened perimeters, typically house inmates in cells, and have a high staff-to-
inmate ratio. Double-fenced perimeters with electronic detection systems usually
surround them. Additionally, prison staff exerts greater control over the inmate
population. Medium-security federal prisons house all manner of federal inmates.

This includes inmates convicted of federal drug offenses, white-collar crimes, sexual
offenses, and others. As such, there are no specific medium-security prison crimes.
Inmates designated to medium-security prisons may have a history of violence. History
of escape, in-prison alcohol and substance abuse, and a lengthy disciplinary record
will not preclude an inmate from being placed in a medium-security prison.

Medium security detention cells are much more likely to have violent offenders as
inmates. This is the security level that moves to cell-based housing, more rigorous
treatment programs and perimeter fencing that often includes razor wire with electronic
detection systems.
MINIMUM SECURITY DETENTION CELL

Minimum security facilities often house those who committed white collar crimes, or
low level drug offenses. Medium and maximum security prisons house more serious
offenders, but inmates can also be sent to serve time in a lower security facility for
things like good behavior at the end of a sentence. The three types of prisons differ in
how inmates are housed ranging from dorm-like housing to individual cells. These
prisons, sometimes called Federal Prison Camps (FPCs), have the lowest level of
security and are used to house non-violent offenders with a relatively clean record.
Some think FPCs resemble college campuses more than prisons since they offer little-
to-no perimeter fencing and prisoners are housed in dorm-style units. FPCs typically
offer work programs and classes to rehabilitate inmates, who are sometimes allowed
to work off-site.

Minimum security detention cells are

usually reserved for white collar criminals
who have committed acts such as
embezzlement or fraud. Although these
are serious crimes, they are non-violent in
nature and therefore the perpetrators are
not considered to be a risk for violence.
These perpetrators are sent to facilities
that offer a dormitory-type living
environment, fewer guards, and more
personal freedoms.

Minimum security institutions, also known as Federal Prison Camps (FPCs), have
dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter
fencing. These institutions are work- and program-oriented.

SURVEILLANCE AND SECURITY

The levels of security within a
prison system are categorized
differently around the world, but
tend to follow a distinct pattern. At
one end of the spectrum are the
most secure facilities ("maximum
security"), which typically hold
prisoners that are considered
dangerous, disruptive or likely to
try to escape. Furthermore, in
recent times, super max prisons
have been created where the
custody level goes beyond maximum security for people such as terrorists or political
prisoners deemed a threat to national security, and inmates from other prisons who
have a history of violent or other disruptive behavior in prison or are suspected of gang
affiliation. These inmates have individual cells and are kept in lockdown, often for more
than 23 hours per day. Meals are served through "chuck-holes" in the cell door, and
each inmate is allotted one hour of outdoor exercise per day, alone. They are normally
permitted no contact with other inmates and are under constant surveillance via
closed-circuit television cameras.

HEALTHCARE FACILITY
Prison medical facilities
include primary care, mental
health services, dental care,
substance abuse treatment,
and other forms of specialized
care, depending on the needs
of the inmate population.
Health care services in many
prisons have long been
criticized as inadequate,
underfunded, and
understaffed, and many
prisoners have experienced
abuse and mistreatment at the hands of prison medical staff who are entrusted with
their care. Additionally, prison medical staff play a major role in monitoring, organizing,
and controlling the prison population through the use of psychiatric evaluations and
interventions (psychiatric drugs, isolation in mental health units, etc.). Prison
populations are largely from poor minority communities that experience greater rates
of chronic illness, substance abuse, and mental illness than the general population.
This leads to a high demand for medical services, and in countries such as the US
that don't provide tax-payer funded healthcare, prison is often the first place that
people are able to receive medical treatment (which they couldn't afford outside).

ORDINARY PRISON CELL

The typical prison cell is eight by six

feet (about 2.5 by 1.8 meters), with a
metal bed tray (either bolted to the
wall or free-standing on metal legs),
a sink and a toilet. There may be a
window allowing a view outside the
prison. Prison overcrowding has
forced most prisons to keep two
prisoners in each cell, so an
additional metal bunk is placed above the bed. In severe cases, three prisoners have
been placed in a cell. A few cell blocks have a dormitory set-up, with eight or more
prisoners in a larger cell with multiple bunks, but this is uncommon. The typical
maximum security prison is divided into wings or blocks, each of which has its own
staff and can be sealed off from the rest of the prison. A block may have multiple tiers.
The cells are arranged around an open central space that contains a security booth,
a kiosk protected by metal mesh and glass for a clerk/guard who keeps an eye on the
prisoners. Additional armed guards may be positioned in glassed-off cubicles
(bubbles) in observation posts within each cell block.

VISITATION AREA

Prisoners and inmates are

human beings entitled to the
same basic rights enjoyed
by citizens in a free society,
except that the exercise of
these rights are limited or
controlled for security
purposes. It is in this context
that rights for prisoners
have been drafted, and
standards for treatment of
prisoners have been set.
During the visitation, the personnel may find prisoners that need assistance, in the
form of legal, medical, financial assistance. A procedure for providing the necessary
assistance to prisoners shall therefore be established. Provision of assistance shall be
decentralized to all regional offices. The system for human rights assistance has
already tackled the procedures to be implemented for the provision of human rights
assistance to all victims of human rights violations, including those detained in jails.

PROGRAMS AND SERVICES

A variety of programs and services can be provided to enhance staff

management capabilities and fulfill the mission of the facility, whether that focuses on
restraint, reintegration, reform, or rehabilitation. Some programs and services are
required by state standards and decisions, such as religious services and legal library
resources.

This component addresses the functional design issues regarding the following
inmate programs and services. (Jail industries would also be included in this
component, if the jail decides to implement such a program.)

- counseling,
- religious services,
- legal and recreational library,
- education, and
- recreation.

A common response for small and medium-sized jails is to create multi-purpose

areas that are sufficiently large and/or flexible to meet the needs of a wide variety of
programs and services that might be provided instead of creating separate spaces for
each. Practically speaking, the extent to which programs and services are provided
must be balanced against the relatively short stays of the majority of inmates and the
availability of qualified service providers, including community services and citizen
volunteers.

REHABILITATION FACILITIES

1. Individual and counseling Facility

This activity intends to assist the clients

in trying to sort out their problems,
identify solutions, reconcile conflicts
and help resolve them. This could be
done either by individual or group
interaction with the officers of the
Agency.

2. Moral, Spiritual, Values Formation Space

Seminars, lectures or trainings offered

or arranged by the Agency comprise
these rehabilitation activities. Active
NGOs, schools, civic and religious
organizations are tapped to facilitate the
activities. ikewise, linkages with
educational Foundation, other GOs and
NGOs are regularly done for free school
supplies, bags and uniforms for client’s
children and relatives.
3. Vocational/Livelihood and Skills Training Facility

The program includes the setting up

of seminars and skills training
classes like food preservation and
processing, candle making, novelty
items and handicrafts making, etc.,
to help the clients earn extra income.
Likewise, vocational and technical
trade classes are availed of such as
refrigeration, automotive mechanic,
radio/television and electronics
repairs, tailoring, dressmaking,
basic computer training, etc. through coordination with local barangays, parish
centers, schools and civic organizations.

4. Health, Mental and Medical Services

To address some of the basic needs of

clients and their families, medical missions
are organized to provide various forms of
medical and health services including
physical examination and treatment, free
medicines and vitamins, dental examination
and treatment, drug dependency test and
laboratory examination.

5. Literacy and Education facility

In coordination with LGU programs, adult

education classes are available to help
clients learn basic writing, reading and
arithmetic. Likewise, literacy teach-ins
during any sessions conducted for clients
become part of the module. This is
particularly intended for clients who are “no
read, no write” to help them become
functionally literate. Likewise, linkages with
educational Foundation, other GOs and
NGOs are regularly done for free school supplies, bags and uniforms for client’s
children and relatives.
6. Community Service Area

This program refers to the services in the community

rendered by clients for the benefit of society. It
includes tree planting, beautification drives, cleaning
and greening of surroundings, maintenance of public
parks and places, garbage collection, blood donation
and similar socio-civic activities.

7. Client Self-Help Organization Rooms

This program takes the form of

cooperatives and client associations
wherein the clients form cooperatives
and associations as an economic
group to venture on small-scale
projects. Similarly, client associations
serve another purpose by providing
some structure to the lives of clients
where they re-learn the basics of
working within a group with hierarchy,
authority and responsibility much like in the bigger society.

8. Environment and Ecology Facilities

To instill awareness and concern in

preserving ecological balance and
environmenta lhealth,
seminars/lectures are conducted
wherein clients participate. These
seminars/lectures tackle anti-smoke
belching campaign, organic farming,
waste management, segregation
and disposal and proper care of the
environment.

9. Sports and Physical Fitness Facilities

Activities that provide physical exertion like sports, games and group play are
conducted to enhance the physical well being of clients. Friendly competition of clients
from the various offices of the sectors, together with the officers, provide an enjoyable
and healthful respite.Although prison
can present a critical opportunity to
engage with offenders through
interventions and programming,
reoffending rates among those
released from prison remain
stubbornly high. Sport can be a
means through which to engage with
even the most challenging and
complex individuals caught up in a
cycle of offending and imprisonment,
by offering an alternative means of
excitement and risk taking to that gained through engaging in offending behaviour, or
by providing an alternative social network and access to positive role models.

LIBRARY

For prisons to achieve the objectives of reformation and rehabilitation, there is the
need for the exposure of prison inmates to library services. Exposure of prison inmates
to adequate and timely information is
necessary because a mind that is
informed is opened to a reformed
character. Information is a major
resource in the development of human
beings and the world entirely. As with
many prison-based programmes and
services, the provision of library
services has changed over time in line
with the shifting goals of the criminal
justice system. Throughout the 19th
century, reading was considered to be
part of the cure for a prisoner’s sinful nature, and literature was provided to encourage
moral reform

EDUCATIONAL ROOMS
Prison education is any
educational activity that occurs
inside prison. Courses can
include basic literacy programs,
secondary school equivalency
programs, vocational education,
and tertiary education. Other
activities such as rehabilitation
programs, physical education,
and arts and crafts programs
may also be considered a form
of prison education. Programs
are typically provided,
managed, and funded by the prison system, though inmates may be required to pay
for distance education programs. The history of and current practices in prison
education vary greatly among countries.
Those entering prison systems worldwide have, on average, lower levels of education
than the general population. Prison education often aims to make the inmate more
employable after release. Administrating and attending educational programs in
prisons can be difficult. Staff and budget shortages, a lack of educational resources
and computers, and the transfer of prisoners between facilities are common barriers.
Prisoners may be reluctant to participate, often due to past educational failures or a
lack of motivation.
Studies consistently show that education in prison is an effective way of reducing the
rates of recidivism, which saves the expense of future prison sentences. In the United
Kingdom, it is estimated that every pound spent on prison education saves taxpayers
more than two pounds, and in the United States, the rate is four to five dollars saved
for every dollar spent. Despite the benefits of prison education programs, rates of
education within prisons remain low in many countries, and attempts to increase
funding for prison education have been opposed. Opponents argue that prison
education is a waste of money and that prisoners are not deserving of the benefit.

INTAKE - RELEASE AREA

The intake-release area provides the arrestee with first impression of the facility
and sets the tone for stay, much in the same way that the public lobby and reception
areas of a jail (and all other buildings for that matter) affect the public. It affects the
immediate behavior of new intakes as well as the behavior of inmates. Architecturally
and operationally, the stage is set at the intake-release area for subsequent inmate
behavior by what is communicated verbally and non-verbally.

The intake-release area of a jail -- often referred to as booking, admissions, or

receiving -- is an active, vital component. It performs three key roles: Conducting all
intake activities involved in initially receiving arrestees or inmates from court or other
facilities:

-secure entry/ verify arresting authority;

- frisk, receive and temporarily store selected property;

- book, fingerprint, and photograph;

-temporarily hold;

- visit (in person or via the telephone);

- screen / interview

- provide minor first aid.

Conducting all intake activities involved in arrestees inmates into residency in

a housing unit:

- exchange clothing, dress;

- shower / decontamination
- - search;
- store clothes / property
- orient to facility
- classify;
- move to housing unit.

Conducting all activities involved in releasing arrestees or inmates from either

the receiving area or a housing unit:

- verify identity;
- execute release paperworks
- exchange clothing, dress;
- return property;
- provide secure exit.
SPECIAL HOUSING

The special housing areas of a small and medium-sized jail accommodate male
or female inmates who by behavior, condition, or unique security risk require spaces
with special design characteristics and/or spaces separate from those used by the
general population. Inmate groups for whom special housing is described in this
functional-architectural component include the following.

- Work inmates who are regularly released from, and readmitted to, the jail to go
to a job or school during the time they are serving a sentence or being detained
prior to trial.

- Inmate workers are given work assignments within the facility, and outside of
their housing unit, such as kitchen or laundry duty and/or general facility
maintenance.

- Protective custody inmates need protection or separation from the rest of the
inmate population but do not pose a threat to others or themselves.

- Juveniles detained as adults are typically 16 to 18 year olds to who are to be

tried as adults because of the nature of the crime with which they are charged.
(Local laws should be consulted to determine the definition of "juvenile" and
criteria regarding assignment of "adult" status in criminal proceedings.)

- Medically isolated inmates must be separated from others because of their

medical status, most commonly because they are infected with a communicable
disease.

- Disciplinary detainees must be separated from others because of serious rule

violations.

- Suicidal inmates have already attempted suicide or have suicidal tendencies so

apparent that they need special observation and protection. They do not
necessarily include inmates who may have suicidal tendencies but can be
detained in a general housing unit that is observed in a constant manner.
 - Mentally disturbed inmates are known to have serious mental problems or
demonstrate sufficiently abnormal behavior to merit special observation.

- Intoxicated inmates are under the influence of alcohol or drugs.

Some of the typical spaces that might be provided to meet special housing needs
follow.

Work Release/ Periodic

- vestibule from jail security

- envelope sleeping rooms
- dayroom
- shower/toilet
- search
- street clothes storage/ change area
- clean clothes storage / change area secure
- secure entry
VISITING AREA

Visiting is one of the crucial links between inmates and the community. It provides a
way for inmates to communicate other than by telephone or mail with people outside
the jail with whom they need contact. Visiting is extremely important to inmates
because it enables them to keep in touch with family members, friends, business
associates, ministers, and attorneys. Because visiting is so important to inmates, it is
one of the jail's most effective tools in managing their behavior.

Contact visiting tends to be limited to attorneys, counselors, and other "official" visitors;
contact visits with family are usually limited to security inmates such as inmate workers
or to others for special occasions at the discretion of jail officials. In some jurisdictions,
contact visiting is accommodated in outdoor recreation yards.

Many varied spaces are needed for visiting, including:

- places for both non-contact and contact visiting -- for both personal and
professional visitors;
- visiting facilities that accommodate the disabled;
- a visitor reception desk or area in or adjacent to the public lobby;
 - a visitor waiting area, with public restrooms, telephone, and drinking fountain;
a storage area for visitors' personal property that is prohibited from visiting
areas (essential for contact visiting);
- an area in which to search inmates in privacy following their visit (essential for
contact visiting);
- an area for occasional searches of visitors suspected of carrying contraband;
- and a means for "telephone visiting" from the dayroom to people outside the
jail.

Courts have generally held that inmates should be allowed to visit with family, friends,
religious advisers, prospective employers, and the news media within a reasonable
jail schedule. Virtually all states and national agencies with jail standards require and
address the provision of visiting opportunities and facilities. Planners should check
applicable state standards for mandatory requirements.

INMATE COMMISSARY

An inmate commissary allows inmates to purchase personal items not normally

supplied by the jail. Items necessary to basic hygiene soap, toilet paper) should be
provided by the facility at no cost.

The inmate commissary is generally viewed as a privilege, not necessarily a

right, as long as basic sanitation and food service are adequate and not implemented
from a commissary. The trend nationwide is to provide commissary services at the jail
or by using outside sources in lieu of allowing friends or family to bring items to the
because of the potential for the introduction of contraband.

Providing inmates with an opportunity to purchase certain small items gives them
some control over their lives. It also provides the jail administration with an effective
management tool for controlling inmate behavior since the commissary privilege can
be withdrawn for violations of institutional rules. Commissary operations have often
been troubled by problems related to loss control and fiscal accountability. However,
the commissary need not be a problem as long as secure storage and proper
distribution and account.

In a small or medium-sized jail, administration of the operation is often assigned to

either the food services staff or the inmate program staff, depending on the jail's
personnel situation and management philosophy. To some degree, the decision as to
who will manage the commissary will determine where the commissary should be
located. Sound practice and many state standards require that inmates with funds on
account be provided with an opportunity to purchase discretionary items not provided
by the jail. It is important to check state standards or statutes with regard to
commissaries since a few states prohibit the establishment of petty cash funds or other
such accounts outside the usual county financial chain of control.
FOOD SERVICES

Food service has a major impact on operational routines, annual operating costs, and
initial construction costs. It presents many security concerns, is a regular disruption to
other jail operations and supervision needs, and is a major factor affecting inmate
attitudes and behavior. The quantity, quality, and means of preparing and serving food
have often been at issue in inmate grievances and legal suits. In these instances,
inadequate documentation of meal planning or difficulties maintaining equipment to
current standards for institutional food service can become very troublesome for jail
administrators.

Constructing sufficient work space and providing adequate storage area and
equipment to respond to inmate dietary needs can be quite expensive, making a
substantial dent in the normally limited jail construction budget. Thus careful
consideration must be given to how food service will be implemented.

The food service component encompasses a variety of basic activities:

- menu planning and ordering,

- receiving and storing foods and related supplies,
- food/ beverage preparation,
- food/ beverage delivery
- dining,
- dishwashing after meals, of waste, and
- record keeping.

The current direction in the design of food service areas in small and medium-sized
jails is to focus on providing quality facilities that minimize the time of food preparation,
enhance the ease of delivery without compromising food quality, and accommodate
future capacity needs without requiring later expansion of food service areas. The
character of the food service area and the materials and finishes used are similar to
those used in conventional institutional kitchens, with the exception that perimeter and
internal security must be provided.

ACA standards focus primarily on policies, procedures, and documentation of an

inmate food service operation. Besides requiring three meals per day, these standards
are aimed primarily toward ensuring the dietary and hygienic adequacy of a jail food
service operation. They do not attempt to dictate specifically how that service is to be
provided.
Special consideration should be given to convenient tray assembly p r o - cedures, a
typical problem in many jail kitchens. Ample work surfaces on which to place the trays
prior to placement on a cart, or the provision of a small conveyor belt assembly line
for rapid training and immediate placement on a cart, are practical solutions to this
problem. It should be noted, however, that tray assembly systems sometimes require
numbers of inmate workers or staff that may not Be available in a small or even
medium-sized jail.

Deciding the size of the should also include consideration of future expansion of bed
capacity. While kitchen spaces can be located along an exterior wall to allow
expansion, this is sometimes an impractical ALTERNATIVE given frequently limited
growth needs and the disruption to existing equipment and functional space
arrangements that must operate during renovation (preparation areas, cooking areas,
training areas, dish wash areas, etc.). Over-sizing the kitchen and storage areas for a
future expanded capacity usually requires only a modest increase in floor area and
provides the operators with welcome initial flexibility in storage and work areas.

In determining the size of the food service area, consideration should be given to
providing meals to other facilities local juvenile detention and detox facilities). Some
jurisdictions have consolidated food service areas of one or more facilities in the new
jail. Cost savings are realized by eliminating duplication of facilities, equipment,
maintenance, and cooking staff and by reducing food purchase costs by buying larger
quantities.

Some of the typical spaces that might be found within the food component follow.

- Delivery vestibule
- Food storage
● dry
● refrigerated
● frozen
- Food preparation
- Tray assembly
- Cook's work area/ office
 - Cart storage
- Cleanup (pot wash, dish wash)
- Central dining
- Inmate dining
- Staff locker area
- Staff toilet
- Inmate worker toilet
- Waste disposal
- Temporary garbage retention.

LAUNDRY AREA

The jail laundry should be adequate in size and equipment for the laundering
of bedding, linen, towels, and clothing on a scheduled basis consistent with standards
and good correctional practice. In addition, the laundry should provide for cleaning
soiled clothes removed from arrestees at intake.

Laundry facilities in many small and medium-sized jails tend to be staffed by

inmate workers responsible for all clothing, linen, and bedding used in the system. The
work flow typically follows this pattern: collection, sorting, washing, drying, folding,
mending, storage, and distribution.

In older small and medium-sized jails, laundry areas were quite modest, located
in such areas as basements, corridors, and the sheriffs residence. The areas provided
little room in which to work and were rarely adjacent to key areas, such as the intake-
release area, or readily observable by jail security staff. Laundry services were
provided relatively infrequently.

Inmate workers are commonly assigned to provide laundry service to minimize

the cost and to help justify providing it in-house (beyond citing the obvious
convenience and control it provides). However, the use of inmate workers has not
been without problems. The problems experienced have included their using
inappropriate amounts of detergent or bleach, the need for premature replacement of
laundry equipment and clothing due to misuse or vandalism, and difficulties in
monitoring and supervising small groups of inmate workers.

When inmate workers help with laundry services, the laundry must be within
the security envelope of the jail, which is advisable in any case. Because the noise
and residual moisture of a laundry operation can hamper the use of electronic
monitoring devices, it is important to locate the laundry so that observation of the area
can be maintained from a constantly staffed post or at least from outside the space by
a passing officer. Additionally, blind spots in the arrangement of the equipment should
be minimized or eliminated to facilitate remote observation. Two-way intercoms should
be provided in the space for communication between staff and inmate workers.

ADMINISTRATION / PUBLIC
The administration and public reception areas of the jail are essential to the
organization and management of daily business. They are also essential to
accommodate the public's need for access to the facility and to information about
inmates and other aspects of the jail operation. Among the many activities performed
in this area are:

- Establishing and ensuring the execution of operational and security policies and
procedures.
- Managing the business affairs of the jail, including general accounting, ordering
supplies and goods, and managing inmate and bond monies.
- Maintaining essential records, with the possible exception of medical records.
- Receiving and distributing monies, mail, packages, and clothing for inmates
- Conducting inventories of all facility supplies and equipment.
- Maintaining security and restraint equipment unless it is located elsewhere in
the facility.
- Managing personnel, including the organization of training, daily briefings, and
incidental meetings.
- Dealing with the public in person and by mail and telephone
- Accommodating outside groups for tours and presentations.
- Responding to requests for information and reports from county commissioners
and other officials.
- Meeting with local media personnel.
- Storing miscellaneous supplies related to administrative functions.
- Conferring with other criminal justice system officials

Work spaces for administrative staff, for records, and for meeting with the public
have usually been severely lacking in older small and medium-sized jails. In some
jails, administrative office areas were created out of corridor space or niches in
basement areas. Record storage was sometimes accommodated by using a much-
needed cell. The public frequently penetrated the security perimeter to reach law
enforcement dispatch or jail office areas responsible for public reception.

With the increased emphasis on professional jail administration and

accommodating public contact, administration and public areas are receiving more
attention in the development of new small and medium-sized jails. However, the
adequacy of space is still a problem and is not getting the attention it deserves during
planning and design. This deficiency may result from oversights by the planning team
or from an inclination to reduce administration and staff areas when building budgets
are limited.

Many diverse spaces are associated with the component and typically
include:

- public lobby and related spaces (public toilets);

- public reception area;
- administrative staff offices;
- conference and meeting areas;
 - clerical areas, including records and work areas;
- security equipment storage space (unless otherwise accommodated);
- general supply storage space;
- staff toilets; and
- janitor's closet.

STAFF AREAS

In this functional-architectural component, "staff areas" are defined as those spaces

that are specifically intended for the private use of jail staff. This includes a lounge or
breakroom, training areas, rooms, and toilets. It does not include staff control posts,
which are dealt with under "Master Control" and "General Housing."

Newly built small and medium-sized jails around the country have some -- and a few
have all of the staff areas identified. Some jails have cleverly consolidated some of the
spaces under the heading of a staff "multipurpose" or "multi-use" room. It is recognized
that consolidation of selected functions and activities is and in fact prudent in a small
jail. Therefore, it is not necessary to view every staff space as having a mutually
exclusive purpose. The trick is to avoid taxing any one area with too much staff or
traffic or with activities that are inappropriately combined, as in one small jail where
the coffee room and weight room occupied the same space.

A key sharing concept in a small or medium-sized jail is that of creating common staff
areas for both law enforcement and jail personnel. With few exceptions, there is no
substantial reason to separate many of the areas. It is important, however, to consider
providing equal accommodations for each to help avoid the age-old problem of
perceiving law enforcement work as more important and desirable than jail work.

Spaces in the staff areas:

- Locker / Shower Areas

- Physical Conditional Area
- Staff Break room
- Staff Training
- Staff Toilets
- Parking

STORAGE AREAS

Storage space must be provided in virtually every functional component of a jail. While
less prominent, it is as vital as any other space to attaining efficient and convenient
operations. The presence of files, mattresses, and paper goods in corridors, fire stairs,
interview rooms, and staff offices of existing jails is testimony to the fact that storage
space has been consistently underestimated in planning and designing new jails.

While various storage needs have been documented throughout this chapter,
miscellaneous storage needs are addressed here. Additionally, since storage is often
an overlooked aspect of jail design, this functional-architectural component
summarizes all typical storage needs for all components in a small or medium-sized
jail and thereby focuses attention on them.

Central storage. This storage area serves as a catch-all for a variety of

important items, some of which might be identifiable before design and others after
the facility is opened.

- Bulk supplies: toilet paper, soaps, detergents, etc.

- Items used in routine maintenance: air filters, fan belts, oil, car parts, grease
guns, etc.

Replacement parts. Every facility should store replacement parts for vital
elements of facility operations and security. For example, it would be wise to provide
storage for replacement locks, hinges, security glass panels, toilet fixtures, food
passage doors, door closers, door handles, etc. as a precaution against damage that
compromises the effective operation of the facility. Storage of such parts would avoid
delays in obtaining replacement items, especially special detention items.

Mattresses. Mattress storage needs are important to identify because most

mattresses require significant amounts of space. Storage needs will depend on the
facility's approach to distributing mattresses to inmates. Pillows might be stored in the
same area as the mattresses, given that they probably will be purchased and issued
together and will likely be of identical materials.

Outdoor equipment. Every facility needs storage space for outdoor

equipment, such as lawn mowers, garden hoses, ladders, yard tractors, rakes, hoes,
etc. This need increases if the facility has an inmate gardening program. Outdoor
equipment should not be stored in a vehicle sally port, which has been a common
practice in the past. Rather, it should be in a secured space in another location
accessible directly from the outside, if possible

Cleaning equipment. Every facility needs to maintain cleanliness. This

principally involves keeping the floors, furnishings, and windows clean by the use of
mops, buckets, cleaning fluids, cloths, floor buffers, etc. Storage space for these items
should be provided liberally throughout the facility. Cleaning equipment is normally
stored in a general janitor's closet that also includes a "slop" sink or wash tub and a
capacity for storing such items as cleaning fluids and dust cloths. Care should be taken
to keep toxic, flammable, and caustic materials secured from unauthorized inmate
access.

Typical storage needs in a jail include the following.

Master Control

- restraint gear
 - walkie - talkie / battery chargers
- keys
- paper supplies / forms
- manuals, directories
- active records
- first-aid kit
- self-contained breathing apparatus
- fire extinguisher

Intake / Release

- active records
- paper supplies/forms
- personal property
● clothing (including suits for court appearances, jackets, hats, boots)
● valuables
● money
● bulky items (suitcases, duffel bags, attach6 cases)
● restraint devices
- jail clothing
● shirts/ pants or jumpsuits
● undergarments
● footwear
● socks
● jackets
● hats
● gloves
- linens / reusables
● blankets
● sheets
● pillowcases
● towels
● washcloths
- mattresses
- toiletries
● shaving gear
● soap
● toothpaste and toothbrushes
● deodorant
● toilet paper
- weapons

General and Special Housing

- cleaning supplies
- linens
- toiletries
 - records, manuals
- fire extinguishers
- self-contained breathing apparatus
- first-aid kit

Health Care

- supplies instruments
- equipment carts
- records
- emergency equipment
- medications
- first-aid kits

Visiting

- visitor log
- visitor property (clothes, purses, attache cases, hats, etc.)

Indoor and Outdoor Exercise

- exercise equipment (balls, nets, poles, weights, etc.)

Inmate Programs and Services

- records, miscellaneous equipment

- stackable and foldable furnishings
- paper supplies
- books, brochures, magazines, newspapers
- religious materials
- audiovisual equipment
- flip charts, marker boards, markers
- recreational equipment (folding ping pong tables, balls, paddles, etc.)

Commissary

- commissary goods (dry, refrigerated, frozen)

- carts
- records
- writing materials and forms
- containers (bags, boxes)

Food Service

- utensils, cutlery
- dishware
- pots and pans
- carts and trays
- refrigerated, frozen, and dry foods
 - garbage, recyclables
- records, books

Laundry

- detergents, bleaches
- carts and bags
- records
- temporary clothing and linen
- miscellaneous cleaning implements

Administrative / Public

- records
- paper and office supplies
- manuals, directories, books
- security equipment
- audiovisual equipment
- staff coats, hats, boots, other items
- security keys

Staff Areas

- clothing, extra uniforms

- gym bags
- books, manuals, brochures, newsletters memos,
- paper records
- break area supplies
- audiovisual equipment

Miscellaneous Storage

- central supplies
- outdoor equipment
- replacement parts
- maintenance equipment
- mattresses
- cleaning supplies and equipment
- recycled items (cans, glass, plastic, paper, cardboard)
Las Colinas Women’s Detention and Reentry Facility
HMC Architects

Auckland Women’s Correctional Facility

 Riker’s Island Jail Complex

Denver Women's Correctional Facility

Baylor Women’s Correctional Institution

Central California Women’s Facility

A Radical New Approach to Prison Design

NY Anstalt Correctional Facility

Female Prison OOIIO Architecture

Anstalten Correctional Facility

A. PUBLISHED JOURNAL
 2004 Revised Implementing Rules and Regulations (IRR) of Presidential
Decree No. 1096, 1977 National Building Code of the Philippines (NBCP)
 TTS Building Types
 RA 10575 An Act Strengthening the Bureau of Corrections (BuCor) and
Providing Funds Therefor
 Understanding the conditions of New Bilibid Prisons: Implications for
Integrated Reforms By: Raymund E. Narag, Ph.D. Assistant Professor
Southern Illinois University
 Conditions for women in detention in the Philippines Needs, vulnerabilities
and good practices
 Jo Baker and Dignity

B. ONLINE REFERENCES
 http://www.differencebetween.net/miscellaneous/difference-between-prison-
and-correctional-facility/
 https://archive.attn.com/stories/2968/differences-between-
prisons#:~:text=Minimum%20security%20facilities%20often%20house,the%2
0end%20of%20a%20sentence.
 https://definitions.uslegal.com/c/correctional-facility/
 https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=5904&context=libp
hilprac
 https://prisonerresource.com/prison-life/prison-security-levels/medium-
security-prisons/
 https://probation.gov.ph/correction-rehabilitation/
 https://www.bop.gov/about/facilities/federal_prisons.jsp
 https://www.britannica.com/topic/supermax-prison
 https://www.crimemuseum.org/crime-library/famous-prisons-
incarceration/types-of-prisons/
 https://www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-
and-maps/history-corrections-punishment-prevention-or-rehabilitation
 https://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/2013/01/jail-
visitation-system.pdf
 https://www.prisonpolicy.org/visitation/
 https://www.rasmussen.edu/degrees/justice-studies/blog/different-types-of-
prisons/
 Jail%20Design%20Guide%20Nationa.PDF (correction.org)
 https://www.dinf.ne.jp/doc/english/intl/z15/z15007le/z1500712.html?fbclid=IwA
R2UpvKrVNodtfvpc7zWuKulEd5rGGgS9JprLe59EWwReJsPptzrK4jUhXs
 https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.26.4693&rep=rep1
&type=pdf&fbclid=IwAR31AxFefBjtvOSV-
pttaAdFCLoABBqK3BSk2brST_j4W8Tc205hgXwgeoo