CA1- INSTITUTIONAL CORRECTION

PENOLOGY
-is the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of
crime through punishment of criminal offenders.
-Its term is derived from the Latin word “POENA” which means pain or suffering.
-Penology is also otherwise known as Penal Science.
-It is actually a division of criminology that deals with prison management and the treatment of offenders, and
concerned itself with the philosophy and practice of society in its effort to repress criminal activities.

Francis Lieber
-the sociologist who coined the term penology which means punishment for criminals.

PRINCIPAL AIMS OF PENOLOGY

a. To bring light on the ethical barriers of punishment, along with the motives and purposes of society inflicting
it.
b. To make a comparative study of penal laws and procedures through history between nations.
c. To evaluate the social consequences of the policies enforced at a given time.
The term Penology was changed to Correction due to its harsh connotation. Thus, penal management is also
changed to Correctional Administration to mean the manner or practice of managing or controlling places of
confinement, as in jails or prisons, including custody, treatment, and rehabilitation of criminal offenders.

CORRECTION
- branch of the Criminal Justice system concerned with the custody, supervision and rehabilitation of criminal
offenders. It is the field of criminal justice administration, which utilizes the body of knowledge and practices
of the government and the society in the general involving the processes of handling individuals who have
been convicted of offenses for purposes of crime prevention and control.
CORRECTION PILLAR
- is considered as the weakest component of the CJS. Its function is to reform the convicted offender through
the rehabilitation program inside the correction. The function of the correction in our criminal justice system
is to reform the offender through rehabilitation program such as giving an opportunity to every convicted
offender to continue his study by way of Vocational Training Program.

PURPOSE OF CONFINEMENT
The Bureau of Correction has its own two purpose of confinement of the offenders or persons committed to prisons:
• To segregate them from the society and;
• To rehabilitate them so that upon return to society they shall be responsible and law-abiding citizens.

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BASIC PRINCIPLE OF CORRECTIONS:
• Seek to promote discipline and to secure the reformation, and safe custody of inmates.
• Justice shall be applied impartially, without discrimination on grounds of race, colors, genders, language, religion
or other opinion, nationality or social origin, property, birth and or other status.
• Justice shall be enforced with firmness but tempered with understanding.

TERMS:
Prison
- refers to a penal establishment under the control of the Bureau of Corrections and shall include the New Bilibid
Prisons and other Correctional Institutions..

Competent Authority
- refers to the Supreme Court, Court of Appeals, Regional Trial Court, Metropolitan Trial Court,Municipal Trial Court,
Municipal Circuit Trial Court, Sandiganbayan, and Military Court, including the House of representative, Senate,
Comission on elections, Bureau of Immigration and the Board of Pardons and Parole.

Inmate
- refers to a national prisoner or one sentenced by a court to serve a maximum term of imprisonment of more than
3 years or to a fine more than one thousand pesos.

Detainee
- a person who is confined in prison pending preliminary investigation, trial or appeal; or upon legal process issued
by competent authority.

Death Convict
-refers to an inmate whose death penalty is imposed by a Regional Trial Court, which is affirmed by the Supreme
Court en Banc.

Superintendent
- refers to the one in charge of prisons.

Carpeta
-refers to the Institutional record of inmates which consist of Mittimus Commitment Order, Prosecutor’s Information
and the decision of the trial court including the Appellate Court.

Prison Record
-refers to information concerning an inmate’s personal circumstances, offense committed, sentenced imposed,
criminal case number in the trial, and appellate courts, the date when the service of their sentence commenced, the
date when the inmate received mittimus commitment order for confinement, the place of confinement, the date of
expiration of sentence, the number of previous convictions, and the behavior or conduct while in prison.

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Carpeta
-refers to the Institutional record of inmates which consist of Mittimus/ Commitment Order, Prosecutor’s Information
and the decision of the trial court including the Appellate Court.

Prison Record
-refers to information concerning an inmate’s personal circumstances, offense committed, sentenced imposed,
criminal case number in the trial, and appellate courts, the date when the service of their sentence commenced,
the date when the inmate received mittimus commitment order for confinement, the place of confinement, the
date of expiration of sentence, the number of previous convictions, and the behavior or conduct while in prison.

HISTORICAL PERSPECTIVES
PRIMITIVE ERA
 Ordeal
-it is a system of trial wherein innocence or guilt is determined through the ability of the accused of
being unscathed through dangerous and painful test.

 Retaliatory or Blood feuds/ personal vengeance

- It is a system of punishment through Kin Policing (the family of the offended individual was expected
to assume responsibility for justice.) Punishment was carried out by the victim personally, along with
the help provided by one’s family. The offender will seek refuge to his family and friends as a result of
this system, blood feuds developed.

 Lex Taliones
- “An eye for an eye and a tooth for a tooth.”

 Fines and Punishment

-customs have exerted effort and great force among primitive societies. The acceptance of vengeance
in the form of payment (cattle, food, personal services, etc) became accepted as dictated by tribal
traditions.
TH
13 CENTURY
 Securing Sanctuary
-During this period, a criminal could avoid punishment by claiming refugee in a church for period of 40
days.
-In England at about 1468, torture as a form of punishment became prevalent.
TH
16 CENTURY
 Transportation
-of Criminals in England was authorized. It partially relieved overcrowding of prisons.
-Transportation of Criminals was abandoned in 1835.

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17TH TO LATE 18TH CENTURY
 Death Penalty
-became prevalent as a form of punishment.

 GAOLS
-(Jails)were common. These are pre-trial detention facilities operated in England.

 GALLEYS
- long, narrow, single decked ships propelled by sails, usually rowed by criminals, a type of ship used
for transportation of criminals in the 16th century.
 HULKS
-were commonly used-former warships used to house prisoners. Abandoned warships were converted
into prisons as a means to relieve congestion of prisons. They were also called “floating hells”.

THE EARLY LEGAL SYSTEM

History has shown that there are three main legal systems in the world, which have been extended to and
adopted by all countries aside from those that produced by them. In their chronological order, they are:
 Roman Laws
 Mohammedan or Arabic Laws
 Anglo-American Laws
Among the three, it was Roman law that has the most lasting and most pervading influence. The Roman private
law (which include Criminal Law), especially has offered the most adequate basic concepts which sharply define, in
concise and inconsistent terminology, mature rules and a complete system, logical and firm, tempered with a high sense
of equity.

THE EARLY LEGAL CODES

The Babylonian and Sumerian Codes

 Code of Ur-Nammu (2050 BC)
-Through archaeological diggings, scientist have acknowledged that the first law system in the world
belonged to the Mesopotamians, specifically the “Summerans”. One of the most ancient legislators, Ur-
Nammu, who was the ruler of the city of UR had a code detailing the punishments for witchcraft, the
escapades of slaves and assault.

 Code of Eshhunna (1930 BC)-

-A Sumerian code which forbids accepting money or objects “ from the hands of slave” or making loans
(that is, any transactions with a slave). Moneylenders are likewise forbidden from taking hostages,
whether free men or slaves.

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  Code of Lipit-Isthar ( 1860 BC)
- A more popular version the Sumerian Law which chronicles the rights of citizen’s, marriages,
successions, property rights and penalties.

 Code of Hammurabi (1780 BC)

-the Babylonian code that prescribes harsh punishment. Punishments were calculated according to Lex
Taliones- law of retaliation. Death penalties ould also be imposed on crimes such as murder, and several kinds
of execution, depending on the nature of the crime.

GREEK AND ROMAN CODES

 Greek Code of Draco (621 BC)

-in Greece, around 621 BC, the code of Draco was enforced, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts. The penalty for many
offenses was death; so severe, that the word “draconian” comes from his name and has come to mean,
in the English language, as “unreasonably harsh law”. The Draco laws were the first written laws of
Greece. These laws introduced the state’s exclusive role in punishing persons accused of crime, instead
of relying on private justice. Thus, the Greek were the first society to allow citizen to prosecute the
offender in the name of the injured party.

 Solon’s Law (530 BC)

-this law repealed Draco’s Laws and allowed capital punishment only for a limited number of serious
offenses, such as murder or military or political offenses against the state. It also gave the right of
representation, of every person to claim redress on behalf of another to whom wrong was being done.

 The Twelve Tables (450 BC)

-represented earliest codification of Roman Law which was later on incorporated into the Justinian
Code. It is the foundation of all public and private law of the Romans until the time of Justinian. It is also
a collection of legal principles engraved on metal tablets and set up on the forum.

 Justininan Code (6th AD)

-Emperor Justinian of Rome wrote his code of law. This was an effort to match a desirable amount of
punishment to all possible crimes. However, the law did not survive due to the fall of the Roman Empire
but left a foundation of Western Legal Codes.

THE FRENCH CODE

 Burgundian Code (500 Ad)
-also known as Lex Burgundionum, published in about 475 in Burgundy, now Southeastern France.
The codification married German to Roman Law as well as advancing other unique and novel aspects
of written private laws which influenced the course of the law of Europe.

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THE SECULAR LAWS
 Secular Laws (4th AD)
- were advocated by Christian Philosphers who recognizes the need for justice. Some of the proponents of
these laws were St. Augustine and St. Thomas Aquinas. During this period, three laws were distinguished;
 External Law ( Lex External)
 Natural Law ( Lex Naturalist)
 Human Law ( Lex Humana)
All of these laws are intended for the common good, but the human law only becomes valid if it does not conflict
with the other two laws.

THE EARLY PRISONS

The word prison has found its roots from the Greco Roman word “Presidio” from word “pre” means before and
“sidio” means inside. The coined term “presidio” is synonymous to fence, cave and or dungeon. The word presidio
started in the reign of King Hammurabi of Babylon in 1729 BC.
Even in the middle ages the term presidio became popular and was feared at the height of the construction of
big temples in the ancient Mesopotamia called Ziggurats, in contrast to the building of royal Tombs in Egypt known as
Pyramids.

 Mamertine Prison/ Carcere Mamertino (600 BC)

- oldest known prison can be traced to the Ancient Rome. Originally designed as a cistern for water.

 Chateau d’If (pronounced as shat-o-deef)- 1524

- fortress that was built on the rocky islet of IF, 2 miles off the French port of Marseilles. In 1580 it was taken
into use as a state prison for those convicted of serious political and religious crimes.

 Bridewell Prison (1557)

- the most popular workhouse in London which was built for the employment and housing of English prisoner.

 Walnut Street Jail (1776)

-was originally constructed as a detention jail in Philadelphia was converted into a state prison and became the
first American Penitentiary.

THE WORLD’S WORST INFAMY PRISONS

Historically speaking, prisons were made not for the reformation of the offenders or violators of rules but it was
intended for punishment of every violators.
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 Alcatraz Prison
-It is an island in San Francisco Bay. It is the site of infamous prison noted for its inhuman treatment
and tortures. The island as discovered by the Spaniards in 1545 and in 1850, it was fortified and used
as military prisons.

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  Auschwitz Prison
-Built by Germans near Cracow Poland, it was popularly known as the Death camp headed by Rudolf
Hoess. More than 2 million innocent victims perished either by torture, mayhem or gas chamber in this
infamous dreaded concentration camp. The tale of blood and tears by the account of Polanders can fill
a thousand Olympic size swimming pool.

DEVELOPMENT OF PRISONS
Early punishment in the form of execution was barbaric. This included offenders being thrown to prisons with
wild animals, staked out in the sun with eyelids propped-open, stoned, disemboweled, dismembered, flogged and even
crucified.

 The Walnut Street Jail

-Originally, constructed as a detention jail in Philadelphia. It was converted into a state prison and became the
first American penitentiary. It became the first United State penitentiary system. When legislation was passed,
provisions were made to establish the principle of solitary confinement, strict discipline, productive work and
segregation of the dangerous offenders.

 The Auburn System (New York)

-is also known as the “Solitary Confinement” method of dealing with prisoners during 19th century. Prisoners
works during the day in groups and were kept in solitary confinement at night, with enforced silence at all times.
Among its features was the confinement of the prisoners in single cell at night and congregate work in shops
during day time. A complete silence was strictly enforced. The system was considered as the most effective
and advantageous because, it has been observed that the prisoners can finish more articles when they work
together as a group rather than working alone in their individual cells.

Characteristics:
1. Complete Silence- Silence was the biggest factor in the line of rules prisoner had to follow. This lack of speaking
takes way the prisoner’s “sense of self”. When the sense of self was taken away, many convicts became
complacent and obedient to the warden’s wishes.
2. Locked in Group- prisoners marched in unison and had to lock their arms to the convict in fornt of them. The
prisoners had to look to one side and were not allowed to look at the guards or the other inmates.
3. Stripped Clothing-clothing of the auburn state prison was very simple: grayish material with horizontal stripes.
4. Corporal Punishment- the use of lash and flogging (whipping), use of “the yoke”-iron bars around the neck and
arms of the prisoner.

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 The Pennsylvania Prison- This is the rival penitentiary system of the Auburn. It is also known as the “Separate
System” or “Solitary Confinement System” established at the Eastern State of the United States. The system was
used to encourage separation of inmates from one another as a form of rehabilitation. Its features consist a solitary
confinement of the prisoners in their own cell day and night where they lived, slept, received religious instructions
and read the bible. Silence also strictly observed.

Characteristics:
1. Separate system prison includes a central hall, with several (from 4 to 8) radiating wings of prison blocks,
separated from the central hall and from each other by large metal bars.
2. Prison blocks are visible to the prison staff positioned at the center, individual cells cannot be seen unless the
staff enter individual prison blocks. This is in contrast to the “Panoptican” prisons.
3. Prisoners are incarcerated in separate system prisons were reduced to numbers, their names, faces and past
histories eliminated.
4. The guards charged with overseeing these prisoners knew neither their names nor their prisoner’s crimes, and
were prohibited from speaking to them.
5. Prisoners were hooded upon exiting a cell, and even wore felted shoes to muffle their footsteps.
6. Silence was completely enforced at all times.

PUNISHMENT AND THE CRIMINAL

Punishment is the redress that the state takes against an offending member of society that usually involves pain
and suffering. It is also the penalty imposed on an offender for a crime or wrongdoing.

Early Form of punishment:

 Death- affected by burning, beheading, drowning, hanging, breaking at the wheels, pillory and other forms of
medieval executions.
 Torture- affected by flogging, maiming, mutilation, branding, pillory and other inhumane or barbaric forms of
inflicting pain.
 Social degradation- putting the offender into shame or humiliation.
 Banishment or exile- the sending or putting away of an offender which was carried out either by prohibition
against coming into a specified territory such as an island to where the offender has been removed.
 Other similar forms of punishment like Transportation and Slavery.

Medieval forms of punishment

 Iron Maiden- a box like device with the front half-hinged like a door so that a person could be placed inside;
when the door was shut, protruding spikes both back and front entered the body of the victim.

 The Rack- a kind of device that drags apart the joints in the feet and hands.

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  Tower of London- Originally built as a fortress for defense of the city. This is a infamous symbol for such a
cruel punishment. It was there that an even more torturous contraption was developed. Where the rack stretched
its victims, this machine compressed the body of the victims; it is more dreadful and more complex than the
rack. The whole body is bent that some blood exudes from the tips of the hands and feet.

PRISONS and PENAL FARMS IN THE PHILIPPINES

NEW BILIBID PRISON

SAN RAMON PRISON AND PENAL FARM
DAVAO PENAL COLONY
IWAHIG PENAL COLONY
SABLAYAN PENAL COLONY FARM
LEYTE REGIONAL PRISON
CORRECTIONAL INSTITUTION FOR WOMEN.

PRISONS and PENAL FARMS IN THE PHILIPPINES

OLD BILIBID PRISON

 The First Penal Institution that was constructed in 1847.
 In 1836, Manila exchange its property with the Bureau of Prison . Today , the old bilibid prison is known as
Manila City Jail.
• Old Bilibid Prison
• Bureau of Prison
NEW BILIBID PRISON
 It was constructed on 1936.
 Muntinlupa, Rizal
 552 hectare lot
 New Bilibid
 Camp Sampaguita
 Camp Bukang Liwayway
• New Bilibid Prison
SAN RAMON PRISON AND PENAL FARM
 Established August 21,1869
 Royal Decree 1865
 Zamboanga City
 1,414 hectare
DAVAO PENAL COLONY
 Established January 21, 1932
 Act 3732 and Proclamation 414 series of 1931
 Panabo City, Davao del Norte
 30,000 hectare with prison reservation of 8,000 hectares.

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IWAHIG PENAL COLONY
 March 25, 1954
 EO No. 167
 Puerto Princesa Palawan
 This institution has No walls
 One of the best open institution in the world
 The area was expanded 41,007 hectares
SABLAYAN PENAL COLONY FARM
 Established September 26,1954
 Proclamation no 72
 Sablayan , Occidental Mindoro
 16,000 hectare
• Leyte Regional Prison

Leyte Regional Prison

 Established January 16,1973
 Proclamation no 1101, PD 28 to confine prisoners from visayas
 Abuyog, Leyte
 816.6 hectare
Correctional Institution for Women
 Established November 27, 1929
 Act No.3579
 Mandaluyong and Davao Penal Colony
 18 hectare

Early forms of punishment

Primitive Punishment
• Death
• Torture
• Social degradation
• Banishment or exile

Medieval forms of punishment

 Iron Maiden
 Rack
 Tower of London

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Early Forms of Prison Discipline
- Hard Labor
- Deprivation
- Monotony
- Uniformity
- Mass Movement
- Degradation
- Corporal Punishment
- Isolation or Solitary Confinement

Contemporary Forms of Punishment

Imprisonment- putting the offender in prison for the purpose of protecting the public against criminal activities and
at the same time rehabilitating the prisoners by requiring them to undergo institutional treatment programs.

Parole- a conditional release of a prisoner after serving part of his/her sentence in prison for the purpose of gradually
re-introducing him/her to free life under the guidance and supervision of a parole officer.

Probation- a disposition whereby a defendant after conviction of an offense, the penalty of which does not exceed
6 years imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision
of a probation officer.

Fine- an amount given as a compensation for a criminal act.

Destierro- the penalty of banishing a person from the place where he committed a crime, prohibiting him to get near
or enter the 25 kilometer perimeter.

Justification of Punishment

Retribution- the punishment should be provided by the state whose sanction is violated, to afford the society or the
individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should
be punished because they deserve it.

Expiation or Atonement- It is punishment in the form of group vengeance where the purpose is to appease the
offended public or group.
Deterrence- punishment gives a lesson to the offender by showing to others what would happen to them if they
violate the law.
Incapacitation and Protection- the public will be protected if the offender has been held in conditions where he
cannot harm others especially the public. Punishment is effected by placing offenders in prison so that society will
be ensured from further criminal depredations of criminals.

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Reformation or Rehabilitation- it is the establishment of the usefulness and responsibility of the offender. Society’s
interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return
to the community by requiring him to undergo an intensive program of rehabilitation in prison.

Age of Enlightenment

The Pioneers of Reformation

Wiliam Penn (1614-1718)- He fought for religious freedom and individual rights. He is the first leader to prescribe
imprisonment as correctional treatment for major offenders. He is also responsible for the abolition of the death
penalty and torture as a form of punishment.

Charles Montesiquieu (1689-1755)- He was a French historian and philosopher who analyzed law as an
expression of justice. He believed that harsh punishment would undermine morality and that appealing to moral
sentiments as a better means of preventing crime.

Voltaire (1694-1778)- He was the most versatile of all philosophers during this period. He believes that fear of
shame was a deterrent to crime. He fought the legality-sanctioned practice of torture.

Cesare Beccaria (1738-1794)- He fought for a humanistic goal of law.

Jeremy Bentham (1748-1832)- He was one among the greatest leaders in the reform of English criminal law. He
believes that whatever punishment designed to negate whatever pleasure or gain the criminal derives from crime,
the crime rate would go down. Bentham was the one who proposed about the ultimate PANOPTICAN PRISON- a
prison that consists of a large circular building containing multi-cells around the periphery.

John Howard (1726-1790)- He was sheriff of Bedfordshire in 1773 who devoted his life and fortune to prison reform.
After his findings on English Prisons, he recommended the following; single cells for sleeping, segregation of
women, segregation of youth, provision of sanitation facilities, and abolition of fee system by which jailers obtained
money from prisoners.

THE REFORMATORY MOVEMENT

Alexander Macanochie
He is the Superintendent of the Penal Colony at Norfolk Island in Australia (1840) who introduced the “Mark System”.
A system in which a prisoner is required to earn a number of marks based on proper department, labor and study
in order to entitle him for a ticket to leave or conditional release which is similar to parole.

Manuel Montesimos
The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners into companies and appointed
certain prisoners as petty officers in charge, which allowed good behavior to prepare the convict for gradual release.

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Auguste Demetz of France
established an agricultural colony for delinquent boys in 1839 providing house fathers as in charge of these boys.

Sir Evelyn Ruggles Brise-

The Director of the English Prison who opened the Bostal Institution for young offenders. The Bostal Institution is
considered as the best reform institution for young offenders today.

Walter Crofton-
He is the Director of the Irish Prison in 1854 who introduced the Irish System that was modified based from the
Macanochie’s Mark system.

Zebulon Brockway-
The Director of the Elmira Reformatory in New York (1876) who introduced innovative programs adopted in the
Elmira Reformatory, hence this was considered forerunner of modern penology because it had all the elements of
a modern system.

PENALTY
Penalty is defined as the suffering inflicted by the state against an offending member for the transgression of law.
.
Juridical Conditions of Penalty

Productive of suffering- without however affecting the integrity of the human personality.

Commensurate with the Offense- different crimes must be punished with different penalties.
Personal- the guilty one must be the one to be punished, no proxy.

Legal-the consequences must be in accordance with the law.

Equal- equal for all persons.

Certain- no one must escape its effect.

Correctional- changes the attitude of offenders and become law-abiding citizens

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Penalties as to Gravity

Death Penalty- capital punishment

Reclusion Perpetua- life imprisonment, a term of 20-40 yrs imprisonment

Reclusion Temporal- 12 yrs and 1 day to 20 years

Prision Mayor- 6 years and 1 day to 12 years

Prision Correctional- 6 months and 1 day to 6 years

Arresto Mayor- 1 month and 1 day to 6 months

Arresto Menor- 1 day to 30 days

Bond to keep the peace- discretionary on the part of the court.

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