VOLUME 2- CORRECTIONAL ADMINISTRATION

TABLE OF CONTENTS

TABLE OF SPECIFICATION…………………………………………………………………..2

CA1-INSTITUTIONAL CORRECTIONS…………….. ……………………………………..4

CA2-NON-INSTITUTIONAL CORRECTIONS…………………………………………….40

CA3- THERAPEUTIC MODALITIES………………………………………………………..70

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 CORRECTIONAL ADMINISTRATION (COR-AD)
BOARD EXAMINATION SUBJECT
Exam Weight – 10%
SUMMARY OF TOPICS, ITEM, and PERCENTAGE DISTRIBUTION

SPECIFIC PROFESSIONAL PRACTICE OUTCOMES FOR THIS Percentage Number of

SUBJECT: Weight Items
and and Distribution
The registered criminologist can perform the following professional Distribution
practice outcomes for his/her initial entry into the practice of the
profession:

1. Ensure offenders’ welfare and development for their re-

integration.
2. Internalize the concepts of human rights and victim welfare.
3. Conduct criminological research on crimes and crime
causation, victims, and offenders to include deviant
behavior.
4. Apply the principles and jurisprudence of criminal law,
evidence and criminal procedure.
5. Effectively communicate orally and in writing using both
English and Filipino.
6. Act in recognition of professional, social and ethical
responsibility

TOPICS
1. INSTITUTIONAL CORRECTIONS
4.00 40
2. NON-INSTITUTIONAL CORRECTIONS
4.00 40

3. C. THERAPEUTIC MODALITIES
2.00 20

TOTAL 10% 100

A. INSTITUTIONAL CORRECTIONS Percentage Weight Number of

and Items
The registered criminologist can perform the Distribution and Distribution
competencies under the following sub-topics: 10% 100

4% 40
1. Recall and explain the theories and principles of
Penology, Punishment, Penalty, Sentencing, and
Rehabilitation, including the rights, legal limitations, .8% 8
and conditions set forth by the Constitution, Law, and
United Nations Declarations.
2. Describe, understand and apply the functions,
organization, administration, management,
operations, planning, decision-making process, 1.10% 11
training, disciplinary process, and accountability of
personnel in the BJMP, Provincial Jail, BUCOR, and
other facilities.
3. Explain, use, and analyze the admission process of
persons deprived of liberty, release of persons
deprived of liberty, security and safety processes and
requirements of PDLs inside the institution, visitation, 1.10% 11
movement, and escorting procedure, the trial of PDLs,
custody, control and disciplinary process of PDLs in the
BJMP, Provincial Jail, BUCOR, and other facilities.
4. Understand, apply and evaluate the principles,
management, planning, and decision-making of crises
and incidents in the BJMP, Provincial Jail, BUCOR, and 1% 10
other facilities in case of riot, escape, hostage,
contrabands, fire, food poisoning, flood, earthquake,
typhoon, and other calamities and incidents.

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 B. NON-INSTITUTIONAL CORRECTIONS
Percentage Weight Number of
and Items
The registered criminologist can perform the Distribution and Distribution
competencies under the following sub-topics: 10% 100

4% 40
1. Understand, organize, and apply the processes of the
Probation System from petition, investigation, grant,
denial/disqualification, supervision, monitoring,
violation of the condition/s, changes in the condition/s,
suspension, revocation, trial, early discharge, and 1.30% 13
release of the probationer, including the role of the
probation officer, probation aids, and the
victim/complainant in the probation process.
2. Understand, organize, and apply the processes of the
Parole System from petition/review/evaluation of the 1.10% 11
institution BJMP and BUCOR, investigation, grant of the
Board of Pardons and Parole, denial/disqualifications,
the process of supervision and monitoring, violation of
the condition/s, changes in the condition/s,
suspension, revocation, arrest of the parolee, early
discharge, and release of the parolee, including the
role of the parole officer, and the victim/complainant
in the parole process.
3. Understand, use, and evaluate the forms of clemency
such as but not limited to: Executive Clemency -
Pardon, Absolute and Conditional, Commutation of
Sentence, and Reprieve; other relevant remedies
granted by the Court; other clemency such as
Decriminalizing certain criminal acts, Repealed
Penal/Criminal Laws; and Amnesty. Including the 1.0% 10
processes and procedures of the grant
denial/disqualifications, process of supervision and
monitoring, violation of the condition/s, changes in the
condition/s, suspension, revocation, arrest of the
grantee, early discharge, and release of grantee.
4. Understand and apply the relevant provisions of the
law on PDLs preventive imprisonment, allowance for
good conduct, and special time for loyalty. Including
its process and grant of time allowance, .90% 9
qualification/disqualification/cancellation/ revocation
of the grant, and the related provisions of the
extinction of criminal liability both total and partial.

C. THERAPEUTIC MODALITIES Percentage Weight Number of

and Items
The registered criminologist can perform the Distribution and Distribution
competencies under the following sub-topics: 10% 100

3% 20
1. Explain, apply, and critique the rehabilitation and
reformation programs of the BJMP, Provincial Jails, .60% 6
BUCOR, and other similar facilities.
2. Explain, apply, and critique the re-integration
programs of the PDLs of BJMP, Provincial Jails, BUCOR,
and other similar facilities to the community, and the .50% 5
relevant community policies and laws on former PDLs.
3. Critique and design rehabilitation programs,
reintegration programs, and promotion of human .80% 8
rights programs among the PDLs across all institutions.

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 CA1: INSTITUTIONAL CORRECTIONS

CORRECTION – A branch of the Criminal Justice System concerned with the custody, supervision, and
rehabilitation of criminal offenders.

– It is that field of criminal justice administration which utilizes the body of knowledge and practices of the
government and the society in general involving the processes of handling individuals who have been
convicted of offenses for purposes of crime prevention and control.
– It is the study of jail/prison management and administration as well as the rehabilitation and reformation
of criminals.
– It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement, supervision, or
treatment of alleged offenders.

Correction as a Process:

- It refers to the reorientation of the criminal offender to prevent him or her from repeating his
deviant or delinquent actions without the necessity of taking punitive actions but rather the introduction of
individual measures of reformation.

INSTITUTIONAL NON-INSTITUTIONAL
The reformation and The reformation and
rehabilitation of criminal rehabilitation of criminal
offenders are held inside offenders are provided in
a correctional institution community / outside prison
or penal establishment
BJMP, DSWD, BUCOR Parole, Probation, Executive
Jails and Prisons Clemencies

PENOLOGY defined:

- It 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.
- The term is derived from the Latin word “POENA” which means pain or suffering and “POENALIS” which
means punishment.
- Penology is 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.
- Penology has stood in the past and, for the most part, still stands for the policy of inflicting punishment
on the offender as a consequence of his wrongdoing.

Three Divisions of Criminology

1. Sociology of Law – it deals with understanding the nature of criminal law and its procedure of
administration.
2. Criminal Etiology – it is concerned with determining causes and factors of crime occurrence; and
3. Penology / Penal Science – it deals with management and administration of inmates.

Penal Management:
- It refers to the manner or practice of managing or controlling places of confinement in jails or prisons.

Correctional Administration:
- It is the study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.

IMPORTANT TERMINOLOGIES

• CARPETA – It refers to the institutional record of an inmate which consists of his mittimus / commitment
order, the prosecutor’s information and the decision of the trial court, including the appellate court, if any.
• COMMITMENT- The entrusting for confinement of an inmate to a jail by competent authority for
investigation, trial and/or service of sentence.
• CORRECTIONS – It is that branch of administration of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted offender.
• COMMITMENT ORDER – It is a written order of the court or any other competent authority consigning an
offender to jail or prison for confinement.
• CONTRABAND – It refers to any article, item or thing prohibited by law and/or forbidden by jail rules.

Types of Contraband:
1. Illegal Contraband – prohibited by law
2. Nuisance Contraband – prohibited only by jail rules

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 • COED INSTITUTION – or co-correctional institution which holds both male and female offenders who
interact and share the facility except for sleeping areas. They study, eat, dance, work and engage in leisure
activities within one campus.
• CONVICT BOGEY – society exaggerated fear of the convict and ex-convict which is usually far out of
proportion to the real danger they present.
• CORPORAL PUNISHMENT- the infliction of physical pain as a form of punishment.
• DETAINEE – a person who is confined in prison pending preliminary investigation, trial or appeal; or upon
legal process issued by competent authority. A person accused before a court or competent authority who is
temporarily confined in jail while undergoing investigation, awaiting final judgment.
• PRISONER/INMATE – (brief definition) either a prisoner or detainee confined in jail. As defined in Bureau
of Corrections Operation Manual, it refers to a national prisoner or one sentenced by the court to serve a
minimum term of imprisonment of more than three years or to a fine of more than P1,000; or regardless of
the length of the sentence for violation of the Customs law or other laws within the jurisdiction of the Bureau
of Customs or enforceable by it, or for violation of election or immigration laws; or one sentenced to serve two
or more prison sentences or aggregate exceeding the period of three years, whether or not he has appealed.
It shall also include a person committed to the bureau by a court or competent authority for safekeeping or
similar purpose. Unless otherwise indicated, “inmate” shall also refer to a “detainee”.
• DETERRENCE – a crime – control strategy that uses punishment to prevent others from committing similar
crimes.
• CLASSIFICATION – It refers to the assigning or grouping of inmates according to their sentence, gender,
age, nationality, health, criminal records, etc.
– It is a method by which diagnosis, treatment, planning and execution of treatment programs are coordinated
to an individual.
– It refers to the process of assigning inmates to types of custody or treatment programs appropriate to their
needs.
– Also known as = DIVERSIFICATION.
• DIVERSIFICATION – Administrative device of correctional institutions of providing varied and flexible types
of physical plants for more effective control of the treatment programs of its diversified population.
• DIVERSION – Establishment of alternatives to formal justice system such as deferred prosecution resolution
of citizen’s dispute, and treatment alternatives to street crimes.
• DEINSTITUTIONALIZATION – A crime strategy that focuses on keeping the offenders in the community
rather than placing them in long – term institution.
• DETERMINATE SENTENCE – a fixed period of incarceration imposed on the offender by the court.
• ESCAPE – It refers to an act of getting out unlawfully from confinement or custody by an inmate.

– Evasion of service of sentence (Art. 157, RPC)

– It is derived from the Greek word ESCAPIO and from the Latin word ESCAPIUM which means BY CHANCE
OR ACCIDENT.

• MITTIMUS - A warrant issued by a court bearing its seal and the signature of the judge, directing the jail or
prison authorities to receive inmates for custody or service of sentence imposed therein.
• PENANCE – An ecclesiastical punishment inflicted by an ecclesiastical court for some spiritual offense.
• PENAL SERVITUDE – A punishment which consists in keeping an offender in confinement and compelling
him to labor.
• PENALTY – It refers to the suffering that is inflicted by the State for the transgression of the law.
• PENITENTIARY – A prison, correctional institution, or other place of confinement where convicted felons
are sent to serve out the term of their sentence.
• PRISON RECORD – This refers to information containing an inmate’s personal circumstances, the offense
he committed, the sentence imposed, the criminal case numbers in the trial appellate courts, the date he
commenced service of his sentence, the date he was received for confinement, the place of confinement, the
date of expiration of his sentence, the number of previous convictions, if any, and his behavior and conduct
while in prison.
• PROSELYTIZING – This refers to the act of coercing of an inmate to change and practice other religion
• PRISONIZATION – It is a process by which an inmate learns through socialization; in accordance with the
rules and regulation of the penitentiary culture.
• PENOLOGY – It is a branch of criminology which deals with the management and administration of inmates.
The science of prison management and rehabilitation of criminals (Black’s Law Dictionary).
• Rehabilitation – It is a program of activity directed to restore an inmate’s self – respect thereby making him
a law-abiding citizen after serving his sentence.

– to change an offender’s character, attitude or behavior patterns so as to diminish his or her criminal
propensities.

• SAFEKEEPING – The temporary custody of a person for his own protection, safety, or care; and/or his
security from harm, injury or danger for the liability he has committed.
• STATUS OFFENSE – These are certain acts or omissions which may not be punishable socially or legally if
committed by adults but become anti-social or illegal because the offender is a minor.
• BLUE- FLU – The practice of uniformed personnel of taking sick leave EN MASSE to back-up their demands
for improved working conditions, salary increments, and other items on their agenda.
• FURLOUGH – Authorization that permits inmate to leave containment for emergency family crises, usually
accompanied by correctional officer crises include visiting “death – bed”.

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 RULES ON FURLOUGH

– Not more than 30 km. radius from the prison facility

– More than 30 km but you can return in daylight time
– Duration is for 3 hours only
– Cannot join the funeral procession
– Request at least 3 days before the date of visit
– Approved by the trial court
– Inmates confined in maximum security prison compounds are disqualified to avail the privilege of furlough

• HALF-WAY HOUSES – These are non-confining residential facilities for adjudicated adults or juvenile or
those who are subject to proceedings. They are alternative to containment for persons not suited for probation
who need period of re- adjustment to the community after imprisonment.

TYPES OF HALF-WAY HOUSE

1. HALF-WAY OUT – pre-release facility used to orient the prisoner before release for adjustment
purposes in coping in the outside.
a. Pre-release – place for parole eligible
b. Parolees – granted parole but needs assistance in coping outside.
2. HALF-WAY IN – consisting of prisoners who are half way in prison includes:
a. Probation Violators
b. Parole Violators

Note: Halfway house in NBP is a joint project of Asia Crime Prevention Foundation, Nagoya Japan West Club
and UNAFEI from the Japanese end and the Asia Crime Prevention Inc., DOJ, NAPOLCOM, Muntinlupa Lions
Club and other NGO’s on the side of the Philippines

• Quarter houses – for probationers

• Half houses – for parolees
• Three Quarter houses – intensive alternative for prison confinement/committed.

INDETERMINATE SENTENCE – It sets minimum and maximum period of incarceration.

INSTRUMENT OF RESTRAINT – It is a device, contrivance, tool, or instrument used to hold back, keep in,
check, or control an inmate; e.g., hand cuffs, leg irons.

• EXPUNGE – This refers to the process by which the record of crime conviction is destroyed or sealed after
expiration of statutorily required time.
• JAILBREAK - The escape from jail by more than two (2) inmates by the use of force, threat,
violence or deceit or by breaching security barriers such as by scaling the perimeter fence, by tunneling and/or
by other similar means or by burning or destructing of the facility or a portion of the facility with or without the
aid of jail officer or any other person.
• OPERATION GREYHOUND – It is a surprise and unannounced invasion of a cell inside a prison facility
conducted by uniformed personnel of the prison establishment to search for any type of contraband.
• WEEK-END CONFINEMENT / DELAYED SENTENCE – An offender is allowed to retain current
employment and permit sentences to be served during weekends.

ORIGIN OF THE WORD PRISON

Derived from the Greco-Roman word PRESIDIO – PRE means BEFORE and SIDIO means INSIDE. It is
synonymous to a FENCED- CAVE OR DUNGEON.

ORIGIN OF THE WORD JAIL

• It is said to have been derived from the SPANISH word JAULA which means a CAG.E

• Etymologist attributed that it originated from the SPANISH word meaning a place of confinement.

• It is also said to have been derived from the FRENCH word GAOL pronounced as “GEOLE”, a place for
arrested persons who committed a crime.

• The legal definition of jail as stated in the case captioned People vs. Caricaban, 13672-CR dated 09
Sept. 1965, “Jail is a building or place of confinement of arrested or sentenced persons. It is usually made
up of cells which are small rooms or enclosures where prisoners are actually kept. Or confined.”

DIFFERENT TYPES OF JAILS

• Lock – up – It is a security facility for the temporary detention of persons held for investigation or
awaiting preliminary hearing.

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 • Ordinary – It houses both offenders awaiting court action and those serving short sentences usually up
to 3 years.

• Workhouse, Jail Farm of Camp Houses – It detains minimum custody prisoners with constructive work
programs.

HISTORICAL PERSPECTIVE ON CORRECTIONS

Important Dates and Events in the History of Corrections:

13TH CENTURY – SECURING SANCTUARY

- In the 13th Century, a criminal could avoid punishment by claiming refugee in a church for a period of 40
days at the end of which time, he has compelled to leave the realm by a road or path assigned to him.

BENEFIT OF THE CLERGY

In the 13th Century, a compromise between the church and the king, wherein any member of the clergy
brought to trial in the king’s court shall be claimed from the jurisdiction by the bishop or chaplain
representing him and placed under the authority of the ecclesiastical court.
It was provided for the clergies in Europe during the 12th Century by giving them exemption for criminal
punishment
- 1468 (England) – Torture as a form of punishment became prevalent.
- 16th Century – Transportation of criminals in England was authorized. At the end of the 16th Century,
Russia and other European Countries followed this system. It partially relieved overcrowding of prisons.
Transportation was abandoned in 1835.
- Piracy Act of 1717 - It was an act of the parliament of Great Britain that established a 7 years penal
transportation to North America as a possible punishment for those convicted of lesser felonies.
- 17th Century to late 18th Century – Death Penalty became prevalent as a form of punishment.
GAOLS - (Jails) – pre-trial detention facilities operated by English Sheriff.
GALLEYS – long, low, 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 – decrepit transport, former warships used to house prisoners in the 18 th and 19th century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also called
“floating hells”.

THE GULAG

• The term Gulag of Igorot Mountain tribe according to linguist refers to a wooden – fence where
convicted felons were imprisoned by the elders.

• At the height of the Banawe Rice-Terraces construction, the Tribe Chieftain considers it a crime for any
able-bodied male who refuses to work at the terraces, if found guilty of such idleness he will be sent to the
Gulag.

THE GULAG OF GERMANY

• This is the infamous Gulag prison of Aleksandr Solzhenitsyn in Germany where thousands of Jews were
man-slaughtered during the reign of Adolf Hitler.

THE GULAG OF RUSSIA

• It is a corrective acronym for labor camp, a penal institution established in 1918 after Russian
Revolution. It was the most feared prison during the reign of Joseph Stalin between 1934 to 1947.

PENOLOGICAL THEORIES

The first attempt to explain crime was made by the Athenian philosopher, Aristotle. In his book “Nicomedean
Ethics”, he discussed corrective justice, thus – “punishment is a means of restoring the balance between
pleasure and pain”.

THE EMERGENCE OF SECULAR LAW

4th A.D. - Secular Laws were advocated by Christian philosophers who recognized the need for justice. Some
of the proponents of these laws were St. Augustine and St. Thomas Aquinas.

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 Laws were distinguished as:

1. External Law (Lex Externa)

2. Lex Divina (Divine Law)
3. Natural Law (Lex Naturalis)
4. Human Law (Lex Humana)

All these laws are intended for the common good. However, the Human Law only becomes valid if it does not
conflict with other laws.

The Judean—Christian Theory

Following the Secular Theory of punishment was the Judean or Christian Theory which was at its fullest
development during the death of Christ in 30 A.D. This theory of expiation believes that punishment has a
redemptive purpose of repelling sin advocated by the devil.

THE PRIMARY SCHOOLS OF PENOLOGY

1.The Classical School – It maintains the “doctrine of psychological hedonism” or “free will”. That the
individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his
calculations.
Basis of criminal liability – absolute human free will
Purpose of punishment - retribution

2.The Neo-classical School – It maintained that while the classical doctrine is correct in general, it should be
modified in certain details. Since children and lunatics cannot calculate the differences of pleasures
from pain, they should not be regarded as criminals, hence, they should be free from punishment.

Result of the Neo-Classical Theory

✓ Exempting circumstances admitted

✓ Reduction of punishment for partial freedom of the will – only partial responsibility
✓ Punishment was mitigated for lack of full responsibility
✓ It represented the reaction against the severity of the classical theory of equal punishment irrespective of
circumstances

3.The Positivist/Italian School – The school that denied individual responsibility and reflected non-punitive
reactions to crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals
are considered as sick individuals who need to be treated by treatment programs rather than punitive actions
against them.
- treats criminals as sick individuals
- purpose of punishment is treatment is rehabilitation
4.Eclectic - It means selecting the best of various styles or ideas. It is also known as Mixed Theory.

REDRESS (COMPENSATION) OF A WRONG ACT

Retaliation (Personal Vengeance) – The earliest remedy for a wrong act to any one (in the primitive society).
The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender, hence,
“blood feuds” were accepted in the early primitive societies.
Fines and Punishment – Customs has 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. As tribal leaders, elders and later kings came into power, they begun to exert their
authority on the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by Ordeal)
but if they refuse to abide by the law imposed, they will be declared to be an outlaw.

Ancient Forms of Punishment:

1.Death Penalty / Capital Punishment – Affected by burning, beheading, hanging, breaking at the wheels,
pillory and other forms of medieval executions.

DEATH CONVICT- This refers to an inmate were death penalty/sentence imposed by the Regional Trial Court
is affirmed by the Supreme Court.

2.Physical Torture / Corporal Punishment– It is affected by maiming, mutilation, whipping and other
inhumane or barbaric forms of inflicting pain.

CORPORAL PUNISHMENT – It is the infliction of physical pain as a form of punishment.

3.Social Degradation – The act of putting the offender into shame or humiliation.

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 4.Banishment or Exile / ostracism / outlawry – 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.
- Presently known as Destierro

METHODS OF DEATH PENALTY EXECUTED IN THE PHILIPPINES

• GARROTE – This became popular when 3 friars/priests commonly addressed as GOMBURZA were
executed in 1872 by the Spanish colonial rules for exposing the venalities of the church.

– An iron collar attached upon a scaffold formerly used in Spain and Portugal. The convict is seated on the
improvised chair with both hands and feet tied. Then, the victim’s neck is placed on the collar attached to it.
Finally, the iron collar is slowly tightened by the screw at the back chair by the executioner until the death
convict is pronounced dead.
– This method of execution was abolished in the Philippines by virtue of Act 451.

• MUSKETRY – National Hero, Dr. Jose P. Rizal died due to the alleged rebellion to the Spanish
government. Drugl ord Lim Seng met his death sentence by firing squad in1973 at Fort Bonifacio during
Martial Law.

• BEHEADING/DECAPITATION - Guerillas apprehended were beheaded by Samurai Sword at the

Japanese Kempetei Garrison in 1943.

• HANGING - Mostly, the execution is conducted at dawn. The executioner will place a cloth over his
head. Steel weights are strapped to the legs of the death convict to ensure that he/she will die quickly.
Then, the rope will be placed around the neck of the convict, and finally, the platform will be removed.

• ELECTRIC CHAIR/SILIA ELECTRICA – The Muntinlupa electric chair had claimed more than 70 lives
convicted of capital offenses since its installation 4-decades ago.

– The convict is seated on a chair made of electrical conducting materials with strap of electrodes on wrist,
ankle and head. Upon orders, the levers will be pulled-up and the fatal volts of alternating current pas the body
until the convict dies. If ever the convict is still alive, the lever shall be pulled again until he is pronounced dead.

• LETHAL INFECTION – While the 1987 Constitution abolished death sentence, Congress however, in
1996 passed RA 7659 as amended by RA 8177 that imposes death penalty for heinous crime by lethal
injection.

– Developed in 1924 by an anesthesiologist in Nevada. Components of chemicals used in Lethal Injection are:
Non-Lethal Dose / SODIUM THIOPENTAL – a sleep inducing barbiturate commonly used in surgery to put
the patient asleep; Lethal Dose / PANCURONIUM BROMIDE – a drug capable of paralyzing the muscles;
POTASSIUM CHLORIDE – capable of stopping heartbeat within seconds and this is commonly used in
Heart-by-pass operations.

OTHER FORMS OF EXECUTION

• STONING/LAPIDATION – It is a form of execution wherein the condemned person is pelted

with stones

• BEHEADING – A form of capital punishment practiced in ancient Greece and Europe, the
punishment is reserved for offender of high rank and for notorious criminals. The condemned man’s neck is
placed on the wooden curved wood specially designed for the purpose. Most often, the doomed-man is black
hooded with both hands tied at the back before his head is positioned at the chopping block. At a given signal,
the head is axed and the severed head fall on the truck provided therefore. Today, beheading continues to be
the method of executions for capital punishment in many Muslim countries including China.

• CRUCIFICTION – A person convicted to death was nailed on the cross with both hands and
feet to add ignominy to his agony and humiliation he was crowned with the specter of vines of spines on his
head. Then the Roman pears were thrust to his flesh body and died of asphyxiation.

• BURNING AT STAKE – It is a form of execution wherein the convict is tied in a pole and then
sets on fire alive.

• FEEDING TO THE LIONS – The offender is thrown in a lion’s den.

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 • PILLORY – Bouvier’s Dictionary defines pillory as a wooden machine, in which the neck of the
doomed culprit is inserted thereof and usually executed in public as a means of punishing the offenders in
Europe and Colonial America.

– Pillory is a wooden frame with three curved holes in it (two for the left and right wrists and the middle-curved
hole is for the neck) and mounted on the post upon a platform, the condemned man was left to die at the
mercy of unfriendly weather. Other similar forms with holes for the offender’s feet are called as STOCK.

• DECAPITATION – derived from a LATIN word “DE” meaning FROM and “CAPUT” meaning
HEAD. Instead of using axe, the method employed is by the use of a sword and the practice is widespread in
China and Muslim States.

• FLAGELLATION – An X-designed log was cross-joined and decline at 65 degrees backward.

The hooded doomed-man was tied on the cross-x with both hands spread upward while the feet were spread
apart. The con-man is bared naked except with the skimpy short pants.

– The whipping rod is made of stripped hard leather with brass button in laid across and embedded at the tips.
At the given signal, six men will whip 30 lashes each alternately and will continue except upon the intercession
of the victim or the State which intervention of the aggrieved to stop is tantamount to pardon and the co-man
shall be released to freedom.

• GUILLOTIN – A device for cutting off people’s head developed in 1792 by Dr. Joseph Ignacio Guillotin a
member of the French National Assembly, he proposed that all executions must be uniform and painless.

• ELECTRIC CHAIR – The convict is seated in a chair made of electrical conducting materials with strap of
electrodes on wrist, ankles and head. Upon orders, the lever will be pulled-up and the fatal volts of alternating
current pass the body until the convict dies. If ever the convict is still alive, the lever shall be pulled-again until
he is pronounced dead.

• HANGING - Mostly, the execution is conducted at dawn. The executioner will place a cloth over his head.
Steel weights are strapped to the legs of the death convict to ensure that he/she will die quickly. Then the rope
will be placed around the neck of the convict, and, finally, the platform will be removed.

• MUSKETRY – Most often, the convict is black hooded with hands tied and may face or snub the firing squad.

• GAS CHAMBER- Invented after World War I by a Medical Corp’s Officer of the US Army as an alternative to
electric chair. In medical term, the convict will die from Hypoxia which means death due to the cutting-off of
Oxygen in the brain. The convict is placed in a sealed chamber where the carbon monoxide is introduced until
the convict is pronounced dead.

• IMPALEMENT (IMPALING) - a form of capital punishment; it is the penetration of an organism by an object

such as a stake, pole, spear or hook, by complete (or partial) perforation of the body, often the central body
mass. Killing by piercing the body with a spear or sharp pole.

Early Forms of Prison Discipline:

1. Hard Labor - productive works

2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet or requiring the prisoners to perform drab or
boring daily routine.
4. Uniformity – “we treat the prisoners alike”; “the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the prisoners to
degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to intimidate a
delinquent inmate.
8. Isolation or Solitary Confinement / BARTOLINA – non-communication, limited news, “the lone
wolf”.
BJMP = 1 TO 7 DAYS
BUCOR = 1 MONTH TO 2 MONTHS
UN RULES = 22 hours – 15 days

Contemporary Forms of Punishment:

1.Imprisonment / isolation / incarceration / commitment / incapacitation– 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.

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 Duration of Penalties

1. Death Penalty – Capital punishment

2. Life imprisonment – life time imprisonment for Special Penal Law
3. Reclusion Perpetua – 20 yrs and 1 day up to 40 years
4. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
5. Prision Mayor – 6 yrs and 1 day to 12 years
6. Prision Correctional – 6 months and 1 day to 6 years
7. Arresto Mayor – 1 month and 1 day to 6 months
8. Arresto Menor – 1 day to 30 days
9. Bond to Keep the Peace – discretionary on the part of the court.

2.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.
3.Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to the conditions imposed by the releasing court and under
the supervision of a probation officer.
4.Fine – a pecuniary amount given as a compensation for a criminal act.
5.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.

PURPOSES/JUSTIFICATIONS OF PUNISHMENT

1.Retribution (PERSONAL VENGEANCE/ REVENGE)– 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.

2.Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to
appease the offended public or group.

3.Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if
they violate the law. Punishment is imposed to warn potential offenders that they cannot afford to do what the
offender has done.

4.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.

5.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 intensive program of rehabilitation in prison.

THE AGE OF ENLIGHTENMENT / AGE OF REASON

18th Century is a century of change. It is the period of recognizing human dignity. It is the movement of
reformation, the period of introduction of certain reforms in the correctional field by a certain person, gradually
changing the old positive philosophy of punishment to a more humane treatment of prisoners with
innovational programs.

JURIDICAL CONDITIONS (LEGAL REQUISITES) OF PENALTY

Punishment must be:

1.Productive of suffering – without however affecting the integrity of the human personality.
2.Commensurate with the offense – different crimes must be punished with different penalties (Art. 25,
RPC).
3.Personal – the guilty one must be the one to be punished, no proxy.
4.Legal – the consequence must be in accordance with the law.
5.Equal – applicable for all persons. (Uniformity in Application)
6.Certain – no one must escape its effects.
7.Correctional – changes the attitude of offenders and become law-abiding citizens.

THE PIONEERS CORRECTIONAL SYSTEM:

1. William 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 death penalty and torture as a form of punishment.

2. Charles Montesiquieu (Charles Louis Secondat, Baron de la Brede et de Montesiquieu)

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

3. VOLTAIRE (Francois Marie Arouet)

- (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.

4. Cesare Bonesa, Marchese de Beccaria (1738-1794)

- He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting essay on law during this
century. It presented the humanistic goal of law.
- “let the punishment fit the crime”

5. Jeremy Bentham (1748-1832) the greatest leader 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.
- He proposed the philosophy of utilitarianism.
- He advocated the imaginary mathematical formula of felicific calculus

- Bentham was the one who devised the ultimate PANOPTICAN PRISON – a prison that consists of a large
circular building containing multi cells around the periphery. It was never built.
Panopticon – to see everything or to observe.

6. John Howard (1726 – 1790)

– the sheriff of Bedsfordshire 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 - abolition of fee system by which jailers
obtained money from prisoners.
- He is known as the Father of Prison Reform in the world; great prison reforme.r
- A philanthropist and the first English prison reformer.

7. Elam Lynds - A warden of the Auburn and later of Sing Sing (which he built) was one of the
most influential persons in the development of early prison discipline in America. He is described as having been
a strict disciplinarian who believes that all convicts were cowards who could not be reformed until their spirit
was broken. To this end, he devised a system of brutal punishments and degrading procedures, many of which
remained as accepted practice until very recent times.

8. Jean Jacques Villain - He is known as the Father of Penitentiary Science.

- pioneered classification to separate women and children from hardened criminals.

9. James V. Bennett - Director of Federal Bureau of Prisons; he wrote about closing of Alcatraz
Prison; Built the Federal Correctional Institution in Seagoville Texas.

10. Elizabeth Fry - An English reformer sometimes referred to as the "angel of prisons" because of
her driving force behind new legislation to treat prisoners humanely.

The Reformatory Movement:

1. Alexander Maconochie – He was 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 for leave
or conditional release which is similar to parole.
- He is known as the Father of Parole in Australlia.

2. 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.

3. Domets of France / Frederick August Demets – established an agricultural colony for

delinquent boys in 1839 providing housefathers as in charge of these boys. The boys were housed in cottages
with house fathers as in charge. The system was based on re-education rather than force. When discharged
the boys were placed under the supervision of a patron.

4. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the Borstal Institution
for young offenders. The Borstal Institution is considered as the best reform institution for young offenders
today.
Borstal Reformatory – the first juvenile reformatory in England. The Borstal Institution of England is today
considered as the best reform institutions for young offenders.

New York House of Refuge - the first juvenile reformatory in USA.

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 5. Walter Crofton – He was the Director of the Irish Prison in 1854 who introduced the Irish system
that was modified from the Mocanochie’s mark system.

- Progressive mark system

- Irish System
- He is known as the Father of Parole in Ireland

4 STAGES OF IRISH SYSTEM

I. The first stage of the Irish system was solitary confinement for nine months at a certain prison;
II.The second stage was an assignment to the public works at Spike Island . The prisoner worked his
promotion through a series of the grades according to a mark system;
III. In the third stage the prisoner without custodial supervision was exposed to ordinary temptations of
freedom; and
IV. The final stage was the release on supervision under conditions equivalent to present day
parole.

6. Zebulon Brockway – The Director of the Elmira Reformatory in New York (1876) who
introduced certain innovational programs like the following: training school type - compulsory education
of prisoners - casework methods - extensive use of parole - indeterminate sentence

* The Elmira Reformatory (The Hill) is considered the forerunner of modern penology because it had all the
elements of a modern system; extensively used Non-institutional Corrections. A new institutional
program for boys from 16 to 30 years of age.

- ESTABLISHED IN 1876

GOLDEN AGE OF PENOLOGY – 1870 – 1880

Events: (ACA – IPPC – ER – CIW)

1. The National Prison Association, now American Correctional Association (ACA), was
organized and its first annual Congress was held in Cincinati, Ohio.
2. The first International Prison Congress (IPC) was held in London. Representative of the
government of the United States and European countries attended it. As a result of this congress, the
International Penal and Penitentiary Commission , an inter-governmental organization was established
in 1875 with headquarters at The Hague.
3. The Elmira Reformatory, which was considered as the forerunner of modern penology was
opened in Elmira, New York in 1876. The figures of Elmira were a training school type of institutional program,
social casework in the institution, and extensive of parole.
4. The first separate institutions for women were established in Indiana and Massachusetts.

THE TWO RIVAL PRISON SYSTEM IN THE HISTORY OF CORRECTION

A. The Auburn Prison System – the prison system called the “Congregate System” / GROUP SYSTEM
- The prisoners are confined in their own cells during the night and congregate work in shops during the
day. Complete silence was enforced.

HARD WOOD SHOP – A place where prisoners do their labor.

B. The Pennsylvania Prison System – the prison system called “Solitary System” / SILENT
SYSTEM / SEPARATE SYSTEM. Prisoners are confined in single cells day and night where they lived,
they slept, and they ate and receive religious instructions. Complete silence was also enforced. They are required
to read the Bible.

In 1934, the League of Nations adopted the “Standard Minimum Rules for the Treatment of
Prisoners “ drafted by the IPCC. The League requested all governments to give the greatest possible publicity
to the Rules; to take the necessary measures in order that they might be observed; and to submit regular
reports regarding their applications and regarding the prison reforms achieved in their respective countries.

PRISON

- A penitentiary; an institution for the imprisonment (incarceration) of persons convicted of

major/ serious crimes.
- A building, usually with cells, or other places established for the purpose of taking safe
custody or confinement of criminals.
- A place of confinement for those charged with or convicted of offenses against the laws of
the land.
– a public building or other place for the confinement of person, whether as a punishment imposed by the law
or otherwise in the course of the administration of justice

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 – As defined in the Bureau of Corrections Operating Manual, it also refers to a penal establishment under the
control of the Bureau of Corrections and shall include the New Bilibid Prison, the Correctional Institution for
Women, Leyte Regional Prison, and the Davao, San Ramon, Sablayan, and Iwahig Prison and Penal Farms.

PERSON DEPRIVED OF LIBERTY - Refers to a detainee, inmate, prisoner or other person under confinement
or custody in any other manner. However, in order to prevent labeling, branding or shaming by the use of these
or other derogatory words, the term “prisoner” has been replaced by this new and neutral phrase.

General Classification of Prisoners

1.Detention Prisoners – those detained for investigation, preliminary hearing or awaiting trial. A detainee in
a lock up jail. They are prisoners under the jurisdiction of Courts.

ALSO KNOWN AS “DETAINEE” – a person who is confined in prison pending preliminary investigation, trial
or appeal; or upon legal process issued by the competent authority.
– a person accused before a court or competent authority who is temporarily confined in jail
while undergoing investigation or awaiting final judgment.

2.Sentenced Prisoners – offenders who are committed to the jail or prison in order to serve their sentence
after final conviction by a competent court. They are prisoners under the jurisdiction of penal institutions.

3.Prisoners who are on Safekeeping – includes non-criminal offenders who are detained in order to protect
the community against their harmful behavior; ex. mentally deranged individuals, insane person.

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

JAIL VS PRISON

CATEGORIES JAIL PRISON

Purpose Accept inmates Accepts inmates who
who committed committed major offense
minor offense
Agency BJMP BUCOR
Department DILG DOJ
Law RA 6975 Act 1407
RA 9263 EO 292
RA 10575
Date of Creation January 2, 1991 November 1, 1905

Powers Accepts Accepts offenders with

Detainees and above 3 years
Convicts with 3 imprisonment
years and below
of imprisonment
Jurisdiction Controls all City, Supervised all seven (7)
Municipal and insular prisons in the
District Jails Country

Agency Head Chief, BJMP Director General (USec.)

(Director Rank)
Local Head Warden Superintendent
Personnel Jail Officers Correction Officers
Uniform of Yellow Max – Tangerine
Inmates Med – Blue
Min – Brown

Classification of Sentenced Prisoners:

1. Insular or National Prisoners

- Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and
unable to file a bond for their temporary liberty.
2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1,000 pesos, or both.

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 Note:
Provincial Jail (1910) - under the Office of the Governor. Where the imposable penalty for the crime
committed is more than six months but not more than 3 years and the same was committed within the
municipality, the offender must serve his or her sentence in the provincial jail. Where the penalty imposed
exceeds three years, the offender shall serve his or her sentence in the penal institutions of the Bureau of
Corrections.

3. City Prisoners
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000 pesos or both.
- Those detained therein whose cases are filed with the MTC.

4. Municipal Prisoners

- Those confined in Municipal Jails to serve an imprisonment from 1 day to 6 months.

- Those detained therein whose trials of their cases are pending with the MTC.

CLASSIFICATION OF PRISONERS ACCORDING TO DEGREE OF SECURITY:

1. Super Maximum-Security Prisoners (inapplicable to the Philippine setting)

- A special group of prisoners composed of incorrigible, intractable, and highly dangerous
persons who are the source of constant disturbances even in a maximum-security prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners

This shall include highly dangerous or high security risk inmates as determined by the Classification Board
who require a high degree of control and supervision. Under this category are —
• those sentenced to death;
• those whose minimum sentence is twenty (20) years imprisonment;
• remand inmates or detainees whose sentence is above and those whose sentences are under review or the
Court of Appeals;
• those with pending cases;
• recidivists, habitual delinquents and escapees; twenty (20) years and by the Supreme Court
• those confined at the Reception and Diagnostic center;
• those under disciplinary punishment or safekeeping; and
• those who are criminally insane or those with severe personality or emotional disorders that make them
dangerous to fellow inmates or the prison staff.

3. Medium Security Prisoners

This shall include those who cannot be trusted in less-secured areas and those whose conduct or behavior
require minimum supervision. Under this category are —
• those whose minimum sentence is less than twenty (20) years imprisonment;
• remand inmates or detainees whose sentences are below twenty (20) years;
• those who are eighteen (18) years of age and below, regardless of the case and sentence;
• those who have two (2) or more records of escapes. They can be classified as medium security inmates if they
have served eight (8) years since they were recommitted. Those with one (1) record of escape must serve five
(5) years; and
• first offenders sentenced to life imprisonment. They may be classified as medium security if they have served
five (5) years in a maximum security prison or less, upon the recommendation of the
Superintendent. Those who were detained in a city and/or provincial jail shall not be entitled to said
classification.
4. Minimum Security Prisoners

This shall include those who can be reasonably trusted to serve their sentences under less restricted
conditions. Under this category are —
• those with a medical officer
• severe physical handicap as certified by the chief of the prison;
• those who are sixty-five (65) years old and above, without pending case and whose convictions are not on
appeal;
• those who have served one-half (1/2) of their minimum sentence or one-third (1/3) of their maximum sentence,
excluding Good Conduct Time Allowance (GCTA) as provided in Chapter 4, Part III hereof; and
• Those who have only six (6) months more to serve before the expiration of their maximum sentence.

COLOR OF UNIFORM AS TO SECURITY CLASSIFICATION

The color of the security classification, uniform of an inmate shall be based on his as follows:
a. Maximum security — tangerine
b. Medium security — blue
c. Minimum security — brown
d. Detainee — gray

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 TRANSFER OF INMATES
I. Transfer of inmate to another prison. — An inmate may be transferred by the Director upon the
recommendation of the Superintendent concerned to another prison facility to bring said inmate closer to his
family or as part of his rehabilitation program.
Transfer of insane inmates. — An inmate who has been confirmed to be mentally abnormal or insane may
be transferred to a mental hospital with the approval of the Director.
Transfer of inmates to a provincial jail and vice versa. — The President of the Philippines may direct, as
the occasion may require, the transfer of inmates from a national prison to a provincial jail, or vice versa. The
expenses for such transfers shall be borne by the Bureau except the cost of escort service which shall be
provided by the Philippine National Police.

OUTSIDE MOVEMENT OF INMATES

Movement of inmate outside confinement facility
The Superintendent of a prison may authorize an inmate to be taken out of prison in the following instances:
a. to appear in court or other government agency as directed by competent authority;
b. for medical examination/treatment or hospitalization in an outside clinic or hospital; or
c. to view the remains of a deceased relative

Outside movement of death convict . — A death convict shall not be allowed to leave his place of
confinement except for the urgent treatment or diagnosis of a life-threatening or serious ailment, if the diagnosis
cannot be done or the treatment provided in the prison hospital.

Basis of court appearance. — The court appearance of an inmate shall be based on a subpoena issued by the
court as endorsed by the Director.

APPLICATION TO VIEW THE REMAINS OF A DECEASED RELATIVE; SUPPORTING

DOCUMENTS
-A minimum or medium security inmate may, upon written application, be allowed by the Superintendent to view
, the remains of original or certified true copies of the death certificate, the burial permit and documents
specified hereunder:
a. Wife or husband (marriage certificate);
b.Child (birth certificate of child and marriage certificate of the inmate
c. Brother/sister (birth certificate of brother/sister and birth certificate of the inmate);
d. Father/mother (birth certificate of the inmate);
e. Grandchild (birth certificate f of grandchild and of the latter's parent f. Grandparent (birth certificate of the
inmate and of his/her parent who
DURATION OF PRIVILEGE
The inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the
remains lie in state but shall not be allowed to pass any other place in transit, or to join the funeral cortege.
DISTANCE OF TRAVEL
The privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers by
road from the prison. Where the distance is more than thirty
(30) kilometers, the privilege may be extended if the inmate can leave and return to his place of confinement
during the daylight hours of the same day.

RIGHTS AND PRIVILEGES OF AN INMATE

Rights of an inmate. — An inmate shall have the following basic rights:
a. to receive compensation for labor he performs;
b.to be credited with time allowances for good conduct and loyalty;
c. to send and receive mail matter;
d. to practice his religion or observe his faith;
e. to receive authorized visitors;
f. to ventilate his grievances through proper channels; and
g. to receive death benefits and pecuniary aid for injuries.

PRIVILEGES OF AN INMATE
The following privileges shall also be extended to an inmate:
a. Attend within the or participate in any entertainment or athletic activity prison reservation;
b. Read books and other reading materials in the library;
c. Smoke cigar and cigarettes, except in prohibited places;
d.Participate in civic, religious and other activities authorized by prison authorities; and
e. Receive gifts and prepared food from visitors subject to inspection.

RIGHTS OF A DETAINEE
A detainee may, aside from the rights and privileges enjoyed by a finally convicted inmate, wear civilian clothes
and to grow his hair in his customary style.

CLASSIFICATION OF INMATES AS TO PRIVILEGES

1.3rd Class – committed for three or more times as a sentenced prisoner.

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 2.2nd Class – newly arrived inmate, demoted from 1st class or promoted from 3rd class.
3.1st class – known for character and credit for work while in detention or one promoted from 2 nd class.
4.Colonist – one year after of being promoted from 1st class who served with good conduct the 1/5 of his
maximum sentence or served 7 years of his life sentence.

PRIVILEGES OF A COLONIST

1. Automatic commutation to 30 years of life imprisonment

2. Deduction of 5 days / month (GCTA)
3. Wear civilian clothes
4. Can live with his family
5. Subsidy from the Government
6. Transportation allowance
7. Use of Prison facilities

THE PHILIPPINE PRISON SYSTEM

The Philippine prison system was patterned after the Federal Bureau of Prisons of the United States. It is a
bureau within the Department of Justice.

Bureau of Corrections

Bureau of Prisons was created under the Reorganization Act of 1905 (Act No. 1407 dated November 1,
1905) as an agency under the Department of Commerce and Police.

Bureau of Pisons was renamed Bureau of Corrections under Executive Order 292 (Administrative Code)
passed during the Cory Aquino Administration. It states that the head of the Bureau of Corrections is the
Director of Prisons who is appointed by the President of the Philippines with the confirmation of the
Commission of Appointments.

RA 10575 - ALSO KNOWN AS THE “ACT STRENGTHENING THE BUREAU OF CORRECTIONS AND PROVIDING
FUNDS THEREFORE” ALSO KNOWN AS THE BUCOR LAW OF 2013”

The Bureau of Corrections has general supervision and control of all seven (7) national / insular
prisons or penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined therein or
committed to the custody of the Bureau.
BP 28 - It is a law that changed the name penal colony to penal farm.

PRE-HISTORY & EARLY HISTORY

• Retaliation (vengeance), fines and punishment (expulsion/execution)

Early Codes:

• CODE OF HAMMURABI – A famous code enacted by King Hammurabi of Babylonia at about 2123-2031 B.C.
King Hammurabi was a conqueror and lawgiver through a reign of forty-three years. Under him, the warring
States lower Tigris-Euphrates valley was forced into unity and peace. This code mingles that of the most
enlightened laws with the most barbarous punishments and sets trial by ordeal. Babylonia at this time was one
of the richest cities the world ever known. Its people were Semitic, with dark hair and features. Historically and
ethnically, Babylonia was a product of the union of Akkadians and Summerians. The code of Hammurabi which
was engraved on a diorite cylinder was unearthed at Susa in 1902 had been carried from Babylonia to Elam
about 1100 B.C. This influential code is now in Paris.

• Summerian Codes – were those of Kings Lupit-Ishtar and Eshnuna of Summeria – a kingdom before its
gration to Akkadia to become Babylonia.

• CODE OF DRACO – was a code of excessive harshness codified by Draco. An Athenian statesman who was
known for exacting extremely cruel laws. His laws designated that almost every violation of law was a capital
offense usually punished by death. The penalties were said to have been written in blood. (7th century B.C. or
621 B.C.)

• CODE OF SOLON – was codified by Solon an Athenian ruler who repeated the laws of Draco by eliminating
death penalty for a number of offenses, however, he retained the death penalty for the offense of the murder.
Solon was born to a well-to-do family of Athens. He worked as merchant in export and import trade and
considered himself relatively poor. He is called the immortal legislator because the contemporary legislatures
use the term solon to refer to a law maker.

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 • ROMAN LAW – (12 tables) made in mid-6th century B.C. when Rome was in transition from Kingdom to
Republic. 12 tables were the foundation or Roman Law throughout Roman history drafted by “Decembirs” – the
special commission of patricians. In A.D. 527, Emperor Justinian tasked 12 experts to review laws of Rome and
made a new digest “Institute of Justinian”.

• The Burgundian Code (500 A.D.) ---- Specified punishment according to the social class of offender,
dividing them into nobles, middle class and lower class specifying the value of the life of each person according
to social status.

MIDDLE AGES (execution, corporal punishment, guillotine and gallows)

• CHURCH INFLUENCE- crime and sin were considered offenses against God. Violators of Cannon law were
also punished. Ecclesiastical Prisons were constructed.
• Right of Sanctuary - the right of a person to go to designated places (usually holy places) where he can
escape punishment. This was however abandoned in the 17 th century.
• BENEFIT OF THE CLERGY – a benefit enjoyed by members of clergy to take into custody penitent criminals
and be exonerated from their offense committed. This benefit however was applicable to literates only.

THE GALLEYS, GALLOWS, AND PILLORY

• GALLEYS – are places where offenders were designated to propel a ship. In 1602, Elizabeth I proclaimed
that prisoners convicted of less capital crimes might be reprieved from execution and send to the galleys.
• GALLOWS – instrument used in execution by hanging offenders in public more than 200 crimes (from theft
to murder) were punishable by death during the 1700’s. it is the most prominent method of execution.
• LEX SALICA – payment for death or injury, it varied according to rank, sex and age of the victim.
• WERGELD – means “man –money” payment according to value of the victim to his family.
• FRIENDSGELD – Practice of paying restitution to the crown, in addition to individual for crime.

BANISHMENT (EXILE) AND TRANSPORTATION

BANISHMENT – one of the earliest forms of social vengeance where the offenders are expelled from the
society and force them to live in wildness.

BANISHMENT TO PENAL SERVITUDE – in effect a civil death.

BANISHMENT TO THE GAOLS (JAILS) – usually ends in physical death.

TRANSPORTATION – banishment by deportation to a distant location or other colonies by a court.

1596-1776 – when England economic condition worsened and number of imprisonable crimes (work ethics)
increased filing up available prisons, deportation or transportation to colonies became the solution.

1776 – Transportation to America was halted by the American Revolution.

HULKS – A sordid episode from 1776 to 1875 where abandoned or unusable transport ships anchored in rivers
and harbors throughout the British Isles were used to confine criminals, young and old male and female.

Penology – comes from the latin word “Poena” w/c means pain of suffering. It deals with the management
and administration of inmates.

Correction – A branch of Criminal Justice System concerned with the custody, supervision and rehabilitation
of Criminal offenders.

Early Codes (Philippine Setting)

The Spanish Civil Code became effective in the Philippines on December 7, 1889. The “Conquistadores” and the
“Kodigo Penal” (The Revised Penal Code today, 1930) was introduced by the Spaniards promulgated by the
King of Spain. Basically, these laws adopted the Roman Law principles (Coquia, Principles of Roman Law, 1996).

Sometimes called as – “Ley Engiciamiento Criminal”

Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish Philippines. There were
also laws that were written which include:

1.The Code of Kalantiaw (1433) - most extensive and severe law that prescribed harsh punishment.
✓ In honor to the 3rd ruler of panay Island.
✓ Panay Island before, now Aklan Province.
✓ Composed of 18 Articles
✓ Comparable to Greek, Roman, English and Spanish Law.
2.The Maragtas Code (Datu Sumakwel)
3.Sikatuna Law (Bohol)

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 Commendancias = Equivalent of today’s police station

Guardia Civil = Police today

Brigadas = made up of very strong adobe stone

Manila City Jail =Historical landmark of Old Bilibid Prison

Old Bilibid Prison = First penal institution in the Country

= First insular penitentiary in the country

Mayhaligue State = To where Old Bilibid Prison erected; along Recto Ave. at present.

Azcarraga St. = Recto Ave. at present

Early Prison

1. Fortresses, Castles and Town Gates

2. Mamertine Prison/ Carcere Mamertino - the only early Roman place of confinement which was
built under the main sewer old Rome (64 B.C.)
3. Bridewell Workhouse (London 1557) - built for the employment and housing of English Prisoner.
The most popular workhouse; named after St. Bridget Well.
4. Walnut Street Jail (Philadelphia) - Originally constructed as a detention cell, converted into an
estate prison and became the first American Penitentiary.
5. Elmira Reformatory and Correctional Facility (New York USA) - Known as “the Hill”; it is a
maximum-security prison. During the Golden Age, it used parole extensively.
- Considered forerunner of modern penology because it had all the elements of modern Penology.
6.Ergastulum – it is an ancient prison wherein prisoners are attached to workbenches and are forced to do
hard labor in the period of their imprisonment.
7.Maison de Force (1627) – a house of correction in Ghent, Belgium which separates adult from juveniles
and women from men; an innovation to prison system during the 1600s. It was established by Jean Jaques
Villian (Father of Penitentiary Science).
8.Auburn Prison and Correctional Facility (New York) - Built in the land that was once a CAYUGA Indian
Village. Maximum Security Facility, “A Congregate System”
9.Singsing Correctional Facility/SingSing Prison (New York) - The third prison built by New York State.
It is a maximum-security prison inflicted aside from floggings, denial of reading materials and solitary
confinement. The shower bath was a gadget so constructed as to drop a volume of water on the head
of a locked naked offender. The force of icy cold water hitting the head of the offender caused so much
pain and extreme shock that prisoners immediately sank into coma due to the shock and hypothermia
or sudden drop in body temperature. It became famous to the whole world because of singsing bath.
10. Alcatraz (The Rock) - 1850 – this prison is located on an island in San Francisco Bay. It was
built for the military in the 1850's and used by them as a fort and a prison until 1933 when it was passed to the
Department of Justice thru the recommendation of Dir. John Edgar Hoover and became a civil prison until it
was closed in 1963 thru the writings of James Bennet.
- history where number 1 public enemies are imprisoned like Al Capone.

Alphonse Gabriel Capone (Al Capone)

- Sometimes known by the nickname “Scarface”, was an American gangster and businessman who attained
notoriety during the Prohibition era as the co-founder and boss of the Chicago Outfit. His seven-year reign as a
crime boss ended when he went to prison at the age of 33.

Famous Escapees of Alcatraz (1962):

1.Frank Morris
2.Clarence and John Anglin

Olin Guy Blackwell - He was the last warden of the Alcatraz prison.
11. Borstal Prison (England, UK) - run by prison service and intended to reform seriously delinquent
young people.
12. Witzwill Prison - 1891; Almost Certainly the first open prison
13. Devil's island - French penal colony from 1852 to 1959 where political prisoners were exiled.
14. Robben island - A prison complex located at the coast of Capetown South Africa which served as
a refugee camp for people afflicted with leper before converted into a prison.
15. Port Arthur - Located in Tasmania, Australia; a penal colony which was the destination for the
hardest English prisoners during the middle of the 19th century.
16. New Gate Prison - not a real prison but an abandoned copper mine of Simsbury Connecticut.
Inmates were confined underground (Black hole of horrors).

EARLY PRISONS IN THE PHILIPPINES:

During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village chieftains
administered it. It was historically traced from the early written laws.

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 It was established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally opened
by Royal Decree in 1865; the first Bilibid Prison was constructed and became the central place of confinement
for Filipino Prisoners by virtue of the Royal Decree of the Spanish Crown.

In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended
as a site for boys’ training school. Today, the old Bilibid Prison is now being used as the Manila City Jail,
famous as the “May Halique Estate”.

THE SEVEN OPERATING CORRECTIONAL FACILITIES IN THE PHILIPPINES

Prior to the establishment of Bilibid Prison, prisoners were confined in jails under the jurisdiction of
Commandancias where law enforcement units were stationed. Commandancias were established in practically
every province of the country.

1. BILIBID PRISONS

a. OLD BILIBID PRISON (CARCEL Y PRESIDIO CORRECTIONAL) – the main insular penitentiary
during the Spanish regime. This was constructed in 1847 and was formally inaugurated in 1865 by virtue of
the Royal Decree of the Spanish Crown. This was located at Azcaraga St. (now Recto Ave.) then famous
“May Haligue Estate” at nearby Central Market at Oroquieta St. This was constructed in radical spokes-
of-a-wheel form with a tower in the center spoke for easy command and control.

COMPOSED OF 2 COMPOUNDS:

1.CARCEL – 600 INMATES’ CAPACITY

2.PRESIDIO – 527 INMATES’ CAPACITY

Commonwealth Act No. 67 was enacted appropriating one million (P1,000.000.00) pesos for the construction
of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935. The old prison was transformed
into a receiving center and a storage facility for farm produce from the colonies

In 1936, the City of Manila exchanged its Muntinlupa property with that of the Bureau of Prison lot, the
Muntinlupa property was intended as a site for Boys Training School, but because it was too far, the City
preferred the site of the Old Bilibid Prison, the present site of Manila City Jail (BJMP).

b. NEW BILIBID PRISON, Muntinlupa City (Approximately 552 hectares) – this is where
the Bureau of Corrections Central Office is situated. The New Bilibid Prison has a capacity of 3,000
Prisoners. Within the complex are the three (3) security camps administered by a Penal Superintendent
and assisted by an Assistant Superintendent in each camp.

The New Bilibid Prison has a capacity of 3,000 Prisoners.

THE THREE (3) SECURITY CAMPS

a. MAXIMUM SECURITY COMPOUND (Main Building) is for prisoners whose sentences are 20
years and above, life termers or those under capital punishment, those with pending cases, those under
disciplinary punishment, those whose cases are on appeal, those under detention, and those that do not fall
under medium and minimum-security status.
= wears tangerine shirt
= not allowed to do furlough
- This type of institution is characterized by thick all enclosures, 18 to 25 feet high . On top of the wall are
catwalks along which the guards patrol at night. At corners and strategic places are tower posts manned by
heavily armed guards.

b. MEDIUM SECURITY COMPOUND (also known as Camp Sampaguita) is for prisoners whose
sentences are below 20 years (computed from the minimum sentences per classification interpretation) and
those classified for colony assignment.

- This type of institution is usually enclosed by two layers of wire fence. The inner fence is 12 to 14 feet
high with curb and the outer fence is 8 to 12 feet high . The two fences are from 18 to 20 feet apart.
Usually, the top portion of the fence is provided with barbed wire.
c.MINIMUM SECURITY COMPOUND (also referred to as Camp Bukang Liwayway) is an open camp
with less restrictions and regimentation. This is for prisoners who are 65 years old and above, medically certified
as invalids and for those prisoners who have six months or less to serve before they are released from prison.

▪ The lethal injection chamber is also located here.

▪ This type of institution is usually without a fence and if there is one, its purpose
is to keep away the civilian population from entering the institution rather than preventing escapes.

The New Bilibid Prison specializes in the industrial type of vocational training. It operates a furniture shop,
shoe repair shop, blacksmith and tinsmith shop, auto mechanics and automobile body building

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 shop, tailoring, electronics, watch-repair, carpentry and rattan furniture shop . It is also engaged in
track gardening, poultry, piggery and animal husbandry.

2. SAN RAMON PRISON AND PENAL FARM, Zamboanga del Sur – founded by Capt. Ramon Blanco, a
member of the Spanish Royal Army and named the prison facility after the patron saint. This was initially intended
for the confinement of political prisoners during Spanish era. It was closed during the Spanish-American
War and was reopened during the American occupation. It has three facilities (maximum, medium, minimum). The
penal farm was designed to promote agro-industrial activities.

On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine
Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility which faced the
Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate.

Land area: Currently approximately 1,546 hectares

Principal product: Copra, rice, coffee, etc.
Year established: 1869 – 1870

- 2nd oldest prison after Old Bilibid Prison

San Ramon has an average population of 1,200 prisoners

3. IWAHIG PRISON AND PENAL FARM (Luhit), Puerto Princesa, Palawan

The Americans established in 1904 the LUHIT PENAL SETTLEMENT (now Iwahig Prison and Penal Farm) on a
vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late 1950 s.
Located on the westernmost part of the archipelago far from the main town to confine incorrigibles with little hope
of rehabilitation. The area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by
Governor Newton Gilbert on October 15, 1912.

ENVISIONED BY: Gov. Luke E. Wright

ORDERED BY: Gov. William Cameron Forbes

- Envisioned as an institution for incorrigible criminals. The first contingent of prisoners who were confined
here revolted against the authorities.
- On November 1, 1905, under the Reorganization Act 1407, the policy was changed, instead of putting
hardened criminals, well behaved and obedient inmates were sent to the colony
- The farm is predominantly designed for agro-industrial activities. Within its area are four (4) sub-colonies:

1. Central sub-colony
2. Sta. Lucia sub-colony
3. Montible sub-colony
4. Inagawan sub-colony

- All these colonies are administered by a Penal Supervisor

- It administers the Tagumpay Settlement which is approximately 1, 000 hectares with six hectares
homestead lots distributed to inmates who desired to live in the settlement after service of sentence.
- One of the best open institutions in the world.

Date established: Nov. 16, 1904

By virtue of: Reorganization Act of 1407
Land area: Approximately 36, 000 hectares – 41,007 (1912)
Principal product: rice, corn, copra and other forest product

- Largest penal colony

- Prison without walls
- The most open prison facility
- The best and the finest prison

4. CORRECTIONAL INSTITUTION FOR WOMEN, Mandaluyong City

- The only female institution in the Philippines
- Since 1934, a female Superintendent was assigned to supervise the prison facility.
- LOCATED AT WELFARE VILLE MANDALUYONG CITY

Year established: 1931

By virtue of: Act 3579 which was passed on Nov. 27, 1929
Vocational activities: Dress making, beauty culture, handicrafts
Capacity: 200

Trivia:

First Women's Prison - opened in Indiana in 1873. It is based on the reformatory model.

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 5. LEYTE REGIONAL PRISON, Abuyog, Southern Leyte
Date established: Jan. 16, 1973
- Under Proclamation No. 1101
- It is a prison facility which has a receiving and process station.
- It has three security facilities – maximum, medium, minimum.
- Because of its terrain, prison agro-industrial activities could not be fully developed.
- Youngest prison
- Built during martial law - Ferdinand Marcos.
- Fastest growing prison
- Maximum capacity – 500 prisoners

6. SABLAYAN PRISON AND PENAL FARM, Sablayan, San Jose, Mindoro Occidental

- With four sub-colonies within the prison compound:

1. Central sub-colony
2. Pusog sub-clony
3. Pasugui sub-colony
4. Yapag sub-colony

- This penal farm is intended for agro-industrial activities

Land area: Approximately 16, 408.5 hectares

By virtue of: Proclamation no. 72
Date established: Sept. 26, 1954
Principal product: Rice

- NEAREST PENAL COLONY IN MANILA

7. DAVAO PRISON AND PENAL FARM, Tagum, Davao del Norte

- The Davao Penal Colony was established on January 21, 1932 in accordance, with Act No. 3732 and
Proclamation No. 414, series of 1931. With two sub-colonies:
1. Panabo sub-colony
2. Kapalong sub-colony
- It administers the Tanglaw Settlement for those inmates who desire to live within the compound.

- 30,000 HECTARES
- First headed by: GEN. PAULINO SANTOS
- RICHEST AND HIGHEST INCOME EARNER
- BIGGEST BANANA AND ABACA PLANTATION

NON – OPERATIONAL PRISONS IN THE PHILIPPINES

1. FORT BONIFACIO

A committee report submitted to then President Carlos P. Garcia described Fort Bonifacio, formerly known
as Fort William McKinley as a military reservation located in Taguig which was established after the
Americans came to the Philippines. The prison was originally used as a detention center for offenders of US
military laws and ordinances.

2. CORREGIDOR PRISON

In 1908 during the American regime, some 100 prisoners were transferred from the Old Bilibid Prison to
Corregidor Island to work under military authorities. This move was in accordance with an order from the
Department of Instructions which approved the transfer of inmates so they could assist in maintenance and
other operations in the stockade.

3. BONTOC PRISON

The Philippine Legislature during the American regime passed Act No. 1876 providing for the establishment of
a prison in Bontoc, Mountain Province. The prison was built for the prisoners of the province and insular
prisoners who were members of the non-Christian tribes of Mountain Province and Nueva Vizcaya.

ADMISSION PROCEDURES IN PRISON

1. RECEIVING – the new prisoner is received at the Reception and Diagnostic Center (RDC). The new
prisoner usually comes from a provincial or city jail where he was immediately committed upon conviction by
the court and escorted by the escort platoon during his transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS – the receiving officer checks the commitment papers
if they are in order and that is, if they contain the signature of the judge or the signature of the
clerk of court and the seal of the court.
3. IDENTIFICATION / BOOKING– the prisoner’s identity is established through the picture and
fingerprint appearing in the commitment order. This is to ensure that the person being committed is the
same as the person being named in the commitment order.

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 4. SEARCHING / SHAKEDOWN – this step involves the frisking of the prisoner and searching his personal
things. Weapons and other items classified as contrabands are confiscated and deposited to the property
custodian. Other properties are deposited with the trust fund officer under recording and receipts.
a. Pat – patting of subjects clothing
b. Rub – patting of body over the clothing including the groin, buttocks and breast
c. Strip – naked search
d. Body cavity search – expose body cavities like anus and vagina to look for contrabands.
5. BRIEFING AND ORIENTATION – the prisoner will be briefed and oriented on the rules and
regulations of the prison before he will be assigned to the RDC or the quarantine unit.
6. Issuance of Clothes and Equipment - from the receiving office, the new prisoner goes to the
supply room where he receives his prison uniform, mosquito net and beddings.
7. Assignment to Quarters - after the prisoner is issued his clothings and beddings, he is sent to the
quarantine unit. The quarantine may be a unit of the prison or a section of the Reception Center.

BUCOR’S DIRECTORATE FOR RECEPTION AND DIAGNOSTICS

(FORMERLY RECEPTION AND DIAGNOSTIC CENTER)
RA 10575

This is a special unit of prison (Camp Sampaguita) where new prisoners undergo diagnostics
examination, study and observation for the purpose of determining the programs of treatment and
training best suited to their needs FOR A TOTAL PERIOD OF 60 DAYS and the institution to which they
should be transferred.

It is composed of the following staff members:

1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-
up.
2. The Psychologist – responsible to conduct study on the character and behavior of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude
towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and
recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourages the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of
prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of inmates.

ADMISSION AND CONFINEMENT OF INMATES

Reception and Diagnostic Center; functions. — There shall be a Reception and Diagnostic Center (NOW
DRD) in every prison which shall receive, study and classify inmates and detainees committed to the Bureau.
Quarantine. — Upon admission the Reception and Diagnostics Center, an inmate shall be placed in
quarantine for at least five (5) days during which he shall be —
a. given a physical examination to determine any physical illness or handicap or mental ailment
and to segregate those suspected of having an infectious or contagious disease. If found sick, the inmate shall
be immediately confined in the prison hospital;
b. oriented with prison rules; and
c. interviewed by a counselor, social worker or other program staff officers. The interview shall be
conducted in private.
Assignment of inmate. — After the quarantine period, the inmate shall remain in the Reception and
Diagnostic Center for a period not exceeding fifty-five
(55) days where he shall undergo psychiatric, psychological, sociological, vocational, educational and religious
and other examinations. The results of said examinations shall be the basis for the inmate's individualized
treatment program. Thereafter, he shall be assigned to a prison facility as may be recommended by the Chief
of the Reception and Diagnostic Center

ADMISSION OF INMATES
An inmate shall be admitted in the Reception and Diagnostic Center of a prison upon presentation of the
following documents:
a. Mittimus/Commitment Order of the court;
b. Information and Court decision in the case;
c. Certification of detention, if any; and Certification that the case of the inmate is not on appeal. A female

inmate shall be received only at the CIW. REGISTRATION BOOK

A prison shall keep abound registration book wherein commitments shall be recorded chronologically.
The registration shall contain the following entries:
a. Name of the inmate;
b. Reason for commitment and the authority therefor; c. Sentence;
d. Date and hour of admission; and
e. Date and hour of discharge or transfer and basis therefor.

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 THE CLASSIFICATION PROCESS
DIAGNOSIS – inmates case history is taken and his personality is studied
TREATMENT PLANNING – formulation of tentative treatment program best suited to the needs of the person
EXECUTION OF TREATMENT PROGRAM – actual application of the treatment program
RE-CLASSIFICATION – process of monitoring the response of the prisoner to the treatment program and
conduct review to the previous finding compared to new information available.

CLASSIFICATION OF INMATES
Classification Board. — Every prison shall have a Classification Board that shall classify inmates in accordance
with this Chapter. The Board shall be composed of the following:
• Chairman: Superintendent
• Vice-chairman: Chief, Reception and Diagnostic Center
• Members:
-Medical Officer
-Chief, Education Section
- Chief, Agro-Industries Section
• Secretary: Chief Overseer

THE NATIONAL CORRECTIONS CONSCIOUSNESS WEEK

✓ Every last week of October
✓ By virtue of Proclamation Number 551 signed on March 15, 1995 issued by former President Fidel V. Ramos

REVISED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10575, OTHERWISE
KNOWN AS “THE BUREAU OF CORRECTIONS ACT OF 2013”

PRELIMINARY PROVISIONS

Section 1. Short Title and Purpose. This Revised Implementing Rules and Regulations, hereinafter called
the IRR, is hereby adopted and promulgated pursuant to Section 23 of Republic Act (RA) No. 10575,
otherwise known as the “The Bureau of Corrections Act of 2013” for the purpose of prescribing and applying
the necessary rules and regulations for the strengthening of the correctional services.

GENERAL PROVISIONS (RA 10575 IRR)

Declaration of Policy. It is the policy of the State to promote the general welfare and safeguard the basic
rights of every prisoner incarcerated in our national penitentiary by promoting and ensuring their reformation
and social reintegration, creating an environment conducive to rehabilitation and compliant with the
United Nations Standard Minimum Rules for Treatment of Prisoners (UNSMRTP). It also recognizes the
responsibility of the State to strengthen government capability aimed towards the institutionalization of highly
efficient and competent correctional services.

The concept of imprisonment is stated in Rule 57 of UNSMRTP:

“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.”

THE CONCEPT OF REINTEGRATION TO SOCIETY IS STATED IN RULE 58 OF UNSMRTP:

“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.”

AND THE CONCEPT OF REFORMATION IS STATED IN RULE 59 OF UNSMRTP:

“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.”

DEFINITION OF TERMS

Section 3. Definition of Terms. For purposes of this IRR, the following terms or words and phrases shall
mean or be understood as follows:

Act – refers to R.A. 10575, entitled “An Act Strengthening the Bureau of Corrections (BuCor) and providing
Funds Therefor,” otherwise known as the Bureau of Corrections Act of 2013.

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 Active Service – refers to the services rendered as a civilian official or employee in the Philippine government
including services rendered in the uniformed service prior to the date of separation or retirement.
Admin – refers to Administrative.
Administrative Requirement – refers to the sufficient provision of personnel, facilities, equipment and
supplies.
Admission – refers to the manner of receiving national inmates, a detainee or convicted person in a prison
facility committed by courts or other competent authority to serve sentence for a certain period or for temporary
confinement.
Base Pay – refers to a fixed amount of compensation for regular work rendered, designated in the Salary
Schedule for Uniformed Personnel for all ranks computed on monthly or annual basis, excluding fringe benefits
and other allowances.
BuCor – refers to the Bureau of Corrections.
Bureau of Corrections – refers to the central office and the prison and penal farms which are known as
colonies. The central office headed by the Director General has control and supervision over the prison and
penal farms.
Circumferential – refers to an adjective for a set of activities, programs and areas of concern which are
interdependently concentrated toward accomplishing a core objective or function.
Civil Identity – refers to societal functional identity recognized and/or granted by government agencies and
authorities (i.e. Judge, Attorney, Accountant).
Competent Authority – refers to the President of the Republic Philippines, Supreme Court, Court of Appeals,
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial
Court, Shari’a Court, and Military Courts, House of Representatives, Senate, COMELEC, Bureau of Immigration,
Board of Pardons and Parole and other courts of jurisdiction provided for by law.
Criminal Networks – refers to illegal arrangements and linkages forged by shady characters aimed to conduct
unlawful activities.
Deputy Director – refers to two (2) star rank general officer of BuCor uniformed personnel.
Deputy Director General – refers to the second officer in command of the BuCor with the rank of Assistant
Secretary as civilian employee in the uniformed service who is authorized to wear the two (2) star rank insignia
as symbol of authority and command responsibility.
Deterrence – When retribution is imposed upon a person who has committed a crime, the discomfort inflicted
will dissuade the offender (and others) from repeating the crime. When the theory refers to the specific offender
who committed the crime, it is known as special deterrence. General deterrence describes the effect that
punishment has when it serves as a public example or threat that deters people other than the initial offender
from committing similar crimes.
Director General – refers to the highest officer in BuCor with the rank of Undersecretary as a civilian employee
in the uniformed service who is authorized to wear the three (3) star rank insignia as symbol of authority and
command responsibility.
DOJ – refers to the Department of Justice.
Inmate – refers to person confined in jails/prisons to serve his/her sentence or for safekeeping who is officially
called Person Deprived of Liberty (PDL).
IRR – refers to the Revised Implementing Rules and Regulations of RA 10575.
National Inmate – refers to an inmate sentenced by a court to serve a term of imprisonment for more than
three years or to a fine of more than one thousand pesos; or regardless of the length of sentence imposed by
the court, to one sentenced for violation of customs law or other laws within the jurisdiction of the Bureau of
Customs or enforceable by it; or for violation of immigration and election laws; or to one sentenced to serve
two or more prison sentences in the aggregate exceeding the period of three years, whether or not he has
appealed. It shall also include a person committed to the Bureau of Corrections by a court or competent authority
for temporary confinement for similar purpose.
Person Deprived of Liberty (PDL) – refers to a detainee, inmate, or prisoner, or other person under
confinement or custody in any other manner. However, in order to prevent labeling, branding or shaming by
the use of these or other derogatory words, the term “prisoner” has been replaced by this new and neutral
phrase “person deprived of liberty” under Article 10, of International Covenant on Civil and Political Rights
(ICCPR), who “shall be treated with humanity and with respect for the inherent dignity of the human person.”
Personal Identity – refers to social recognition accorded as member of the family (i.e. parent, brother, sister,
uncle, aunt, grandfather) and the community (i.e. neighbor).
Practitioner Research – refers to research and/or workplace research such as evaluation performed by
individuals who also work in a professional field as opposed to being full-time academic researchers.
Prison – refers to a government establishment where national inmates/prisoners serve their sentence.
Philippine prisons are also known as penal colonies or Prison and Penal Farms. There are a total of seven (7)
penal colonies presently under the control and supervision of the Bureau of Corrections.
Reformation – refers to the rehabilitation component of the BuCor’s present corrections system, shall refer to
the acts which ensure the public (including families of inmates and their victims) that released national inmates
are no longer harmful to the community by becoming reformed individuals prepared to live a normal and
productive life upon reintegration to the mainstream society.
Release – refers to the procedures where an inmate is discharged from prison by expiration of sentence;
granted parole, grant of any other forms of executive clemency, and order of the court or competent authority.
Reservation – refers to a penal/prison land reservation area comparable to a military reservation area.
Restoration – refers to a victim-oriented approach to crime that emphasizes restitution (compensation) for
victims. This intervention advocates restoring the victim and creating constructive roles for victims in the criminal
justice process, rather than focus on the punishment of criminals.
Restraint – refers to confinement to incapacitate or deny a criminal the ability or opportunity to commit further
crimes that harm society.
Retribution – refers to making a person accountable for offense committed, by serving sentence, community
service, fines, and other means.

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 Safekeeping – refers to the custodial mandate of the BuCor’s present corrections system, and shall refer to
the act that ensures the public (including families of inmates and their victims) that national inmates are
provided with their basic needs. The safekeeping of inmates shall moreover comprise decent provision for their
basic needs, which include habitable quarters, food, water, clothing, and medical care, in compliance with the
established UNSMRTP, and consistent with restoring the dignity of every inmate and guaranteeing full respect
for human rights. The complementary component of Safekeeping in custodial function is Security which ensures
that inmates are completely incapacitated from further committing criminal acts, and have been totally cut off
from their criminal networks (or contacts in the free society) while serving sentence inside the premises of the
national penitentiary. Security also includes protection against illegal organized armed groups which have the
capacity of launching an attack on any prison camp of the national penitentiary to rescue their convicted
comrade or to forcibly amass firearms issued to corrections officers.
Secretary – refers to the Secretary of Justice.
Security Camp – refers to a large enclosed area with dormitories, sports facilities, classrooms, medical
facilities, religious facilities, and other necessary facilities where national inmates/prisoners are confined to serve
their sentence. There are at least three (3) types of security camps: Maximum Security Camp, Medium Security
Camp, and Minimum Security Camp. (Jailed inmates are confined in “prison cells” called “jails” – not in security
camps, while undergoing court trials or awaiting court sentence.)
Seniority and Lineal List (SLL) – refers to a document containing the names of all officers in the active
corrections service, arranged by grade and in accordance with their relative seniority for each regular
component, and by service to which they are appointed.
Similar Professional Skills – refers to prison administration, resource management and engineering skills.
Victims – refers to the casualties of the offense committed but is not limited to those who filed the charges
against the offender but also include the family of the offender himself.

OPERATIONS OF THE BUREAU OF CORRECTIONS

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

The DRD shall be responsible for the conduct of classification of each and every inmate admitted to the BuCor.

The Directorate for External Relations (DER) shall be responsible for pre-release and post-release programs of
inmates due for release.

THE MANDATES OF THE BUREAU OF CORRECTIONS

(a) Safekeeping of National Inmates -the safekeeping of inmates shall include decent provision of quarters,
food, water and clothing in compliance with established United Nations Standards. The security of the inmates
shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary
grades similar to its counterpart in the BJMP
(b) Reformation of National Inmates – the reformation programs, which will be instituted by the BUCOR for the
inmates, shall be the following:

(1) Moral and Spiritual Program;

(2) Education and Training Program;

(3) Work and Livelihood Program;

(4) Sports and Recreation Program;

(5) Health and Welfare Program; and

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

The reformation programs shall be undertaken by Professional Reformation Personnel consisting of Corrections
Technical Officers with ranking system and salary grades similar to Corrections Officers.

PROFESSIONALIZATION AND UPGRADING OF QUALIFICATION STANDARDS IN THE

APPOINTMENT OF THE BUCOR PERSONNEL
(a) No person shall be appointed as personnel of the BuCor unless one possesses the following minimum
qualifications:
(1) A citizen of the Republic of the Philippines;
(2) A person of good moral character;
(3) Must have passed the psychiatric/psychological, drug and physical test for the purpose of
determining his/her physical and mental health;
(4) Must possess a baccalaureate degree from a recognized learning institution;
(5) Must possess the appropriate civil service eligibility;
(6) Must not have been dishonorably discharged or dismissed for cause from previous employment.

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

STANDARDIZATION OF THE BASE PAY AND OTHER BENEFITS OF THE UNIFORMED PERSONNEL OF
THE BUCOR.

APPOINTMENT OF PERSONNEL TO THE BUCOR

The appointment of the BuCor shall be effected in the following manner:
(a) Corrections Officer I to Corrections Chief Superintendent – Appointed by the Director General
of Corrections, and attested by the Civil Service Commission (CSC); and
(b) Director General of Corrections and Deputy Director of Corrections –Appointed by the
President upon the recommendation of the Secretary of the DOJ, with the proper endorsement by the
Chairman of the CSC.

CUSTODIAL RANK REFORMATION RANK

Corrections Chief Superintendent

Corrections Senior Superintendent CorrectionsTechnical Senior Superintendent

Corrections Superintendent CorrectionsTechnical Superintendent

Corrections Chief Inspector CorrectionsTechnical Chief Inspector

Corrections Senior Inspector CorrectionsTechnical Senior Inspector

Corrections Inspector CorrectionsTechnical Inspector

Corrections Senior Officer IV CorrectionsTechnical Senior Officer IV

Corrections Senior Officer III CorrectionsTechnical Senior Officer III

Corrections Senior Officer II CorrectionsTechnical Senior Officer II

Corrections Senior Officer I CorrectionsTechnical Senior Officer I

Corrections Officer III CorrectionsTechnical Officer III

Corrections Officer II CorrectionsTechnical Officer II

Corrections Officer I CorrectionsTechnical Officer I

PROFESSIONALIZATION AND UPGRADING OF QUALIFICATION STANDARDS IN THE

DESIGNATION OF PERSONNEL OF THE BUCOR TO KEY POSITIONS
(1) Sub-Colony Supervisor – Should have the rank of Senior Inspector, who must have finished at
least-second year of Bachelor of Laws or earned at least twelve (12) units in a master’s degree program
(2) Colony Assistant Superintendent – Should have the rank of Chief Inspector, who must have
finished at least second year Bachelor of Laws or earned at least twenty-four (24) units in a master’s degree
program
(3) Colony Superintendent -should have the rank of Superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master’s degree
Provided, That in prison and penal farms with an inmate population of two thousand (2,000) but below three
thousand (3,000), the Colony Superintendent shall have the rank and qualification of a Colony Senior
Superintendent; and
4) Regional Superintendent – Should have the rank of Senior Superintendent or Chief Superintendent, who
must be a graduate of Bachelor of Laws or a holder of a master’s degree
Provided, That in prison and penal farms with an inmate population of three thousand (3,000) but below five
thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Colony Senior
Superintendent: Provided, further, That in prison and penal farms with an inmate population of over five
thousand (5,000), the Regional Superintendent shall have the rank and qualification of a Chief Superintendent.

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 FACILITIES OF THE BUREAU OF CORRECTIONS (RA 10575 IRR)
Classifications of Dormitory
1. Type A Dormitory – above 500 inmates’ capacity and lot area of more than 1.5 hectares
2. Type B Dormitory – 101 to 500 inmates’ capacity and lot area of 1.5 hectares
3. Type C Dormitory – 1 to 100 inmates’ capacity and lot area of 3,000 sq. m.

Cell Capacity (1 Cell: 4.7 sqm per inmate: 10 maximum inmate per cell: 5 Maximum Beds by 2 floors)

1. Ideal habitable floor area per inmate = 4.7 square meters

2. Maximum number of inmates per cell = 10
3. Maximum number of bunks beds = 5 units two level

BUCOR Key Positions

The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy Directors: one (1) for
administration, one (1) for security and operations and one (1) for reformation, all of whom shall be
appointed by the President upon the recommendation of the Secretary of the DOJ who shall have a tenure
of 6 years.

BUCOR MANNING LEVEL

1. 1:7 for three (3) shifts and
2. reformation personnel-to-inmate ratio of 1:24 for one (1) shift.
3. The reformation ratio is broken down into the following:
a) Moral and Spiritual personnel-to-inmate ratio is 1:240; (1 priest: 240 inmates)
b) Education and Training personnel-to-inmate ratio is 1:120; (1 teacher: 120 inmates)
c) Work and Livelihood personnel-to-inmate ratio is 1:180; (1 vocational officer: 180 inmates)
d) Sports and Recreation personnel-to-inmate ratio is 1:225; (1 sports officer: 225 inmates)
e) Health and Welfare personnel-to-inmate ratio is 1:80; and (1 health officer: 80 inmates)
f) Behavior Modification personnel-to-inmate ratio is 1:150. (1 Behavior Mod Officer: 150
Inmates)
• Administrative personnel requirements which shall have a ratio of 1:14.58
• Engineering personnel ratio of 1:58.33
• Directorate for Reception and Diagnostics and External Relations combined personnel ratio of Directorate for
1:120 (at 50% share each)
• Directorate for Inmate Documents and Records personnel ratio of 1:116.7

BUCOR OFFICERS BASIC QUALIFICATIONS

All of the requirements asked by law is very much the same as the PNP, BFP and BJMP but only differs in
mandatory AGE requirement which is 21 to 40 years old for the BuCor.

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is
hereby further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders
or accused who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone preventive
imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects
thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
"1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
"2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.
“ If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners he shall do so in writing with the assistance of a counsel and shall be credited in the
service of his sentence with FOUR-FIFTHS of the time during which he has undergone preventive
imprisonment.

“Credit for preventive imprisonment for the penalty of reclusion perpetua shall be conducted from thirty (30)
years.

Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on
appeal, if the same is under review.

That recidivists, habitual delinquents, escapees and persons charged with Heinous Crimes are excluded from
the coverage of this Act.

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 In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be released
after thirty (30) days of preventive imprisonment”.

Section 4. Article 98 of the same Act is hereby further amended to read as follows:
"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall
be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence
under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."
NOTE:
Art 158 – Evasion of Service of Sentence due to failure to return within 48 hours after passing of
calamity or disorder. Surrendered after 48 hours shall also be charged with Art. 158 but must be given the
mitigating circumstance of voluntary surrender

PRISON LABOR
Prison labor of finally convicted inmate. — A finally convicted able bodied inmate may be required to work at
least eight (8) hours a day, except on Sundays and legal holidays, in and about the prison, public buildings,
grounds, roads, and other public works of the national government. In the interest of the service, however, they
may be required to work on excepted days.
Prison labor of detainee. — A detainee may not be required to work in prison. However, he may be made to police
his cell and perform such other labor as may be deemed necessary for hygienic or sanitary reasons.
Female inmate. — A female inmate shall only be assigned to work on jobs suitable to her age and physical
condition. She shall be supervised only by women officers.
Old inmate. — An inmate over sixty (60) years of age may be excused from mandatory labor.
Place of work assignment. — Only medium and minimum security inmates may be assigned to work in agricultural
field projects within a prison reservation. Maximum security inmates shall not be allowed to work outside the
maximum security compound.

COMPENSATION CREDITS
Inmate compensation. — Six (6) months after being permanently assigned to work in prison, an inmate may
receive compensation credits at rates to be prescribed by the Director, provided:
a. He maintains good conduct; and
b. He shows interest and a definite degree of progress in the particular work assigned to him
WITHDRAWAL OF EARNINGS
The inmate may, at any time from his compensation earnings in an amount not exceeding one-half (1/2) of
his total earnings.
However, in cases of urgent need and at the discretion of the Superintendent, the whole of his earnings
may be withdrawn. But he may, at any time, withdraw any part or all monies received from other sources.
INMATE COMMUNICATION
Right to communicate – An inmate shall have the right to communicate or correspond with persons and
organizations and to send and receive letters, packages, books, periodicals and other materials that can be
lawfully sent by mail.
Collection and delivery of mail. — The mail officer shall collect and deliver mail matters on a daily basis, Monday
through Friday. An inmate shall be advised to claim his mail if he fails to claim his letter within twenty-four (24)
hours after it is received in prison.
Expenses for special delivery mail – Inmates shall be allowed to send letters by registered, certified, stamped
or special delivery at their expense.
Use of telephone- All offender who demonstrates good behavior shall earn one telephone call to an
authorized individual every ninety (90) days. In such a case, the telephone call shall be monitored and shall
have a duration not exceeding five (5) minutes. When making the call, the inmate shall identify himself as an
inmate.
GUIDELINES ON CENSORSHIP OF MAIL MATTER
The sending and receiving of mail by all inmates shall be governed by the following guidelines:
a. Inmate mail shall be secured until such time that the censors are ready to examine
b. Inmate mail shall be opened and searched by qualified, trained and authorized personnel.
c. Greeting cards shall be carefully examined and fillers of any kind found therein shall be marked on the reverse
side and replaced in the envelope.
d. Photographs shall be marked on the reverse side and replaced in the envelope
e. In censoring mail, prison slang, unusual nicknames and sentences with double meaning shall be carefully studied
and deciphered.
f. Letters passed by censors shall bear the censor’s stamp at the top of each page and on the envelope. The letter
shall be replaced in the same enveloped and released.
g. The contents of an inmate's mail shall be confidential and shall not be discussed with other prison personnel.

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 INMATE HEAD COUNT
A head count of inmates shall be conducted four (4) times a day or as often as necessary to ensure that all
inmates are duly accounted for.

PROCEDURE FOR INMATE COUNT

The procedure for conducting a periodic physical head count of inmates shall be as follows:
a. During the count, the inmates shall not be allowed to move until the count is completed.
b.There must be a positive verification of an inmate's presence. Counting an inmate as present on the
basis of seeing any part of his clothing, his hair, or shoes shall not be made.
c. A written report on the results of each head count
shall be submitted to the Chief Overseer.
d. If the inmate count does not tally with the list of inmates, the matter shall be immediately
reported to the Chief Overseer.

PUNISHMENT
Board of Discipline; composition. — The Director shall establish a Board of Discipline in each prison to hear cases
involving an inmate who violates prison rules. It shall be presided over by the Assistant Superintendent.

IMPOSABLE PUNISHMENT
The Board of Discipline shall be authorized to impose any of the following disciplinary measures on an errant
inmate:
a. Caution or reprimand.
b. Cancellation of recreation, education, entertainment and visiting privileges.
c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category e.g., from medium to maximum.

RELEASE OF INMATE
Basis for release of an inmate. — An inmate may be released from prison:
a. upon the expiration of his sentence;
b. by order of the Court or of competent authority; or c. after being granted parole, pardon or amnesty.

WHO MAY AUTHORIZE RELEASE

The following are authorized to order or approve the release of inmates:
a. the Supreme Court or lower courts, in cases of acquittal or grant of bail;
b. the President of the Philippines, in cases of executive clemency or amnesty;
c. the Board of Pardons and Parole, in parole cases; and
d. the Director, upon the expiration of the sentence of the inmate.

APPROVAL BY DIRECTOR OF RELEASE

An inmate with the approval shall only be released by the Superintendent of the Director.

VERIFICATION OF IDENTITY OF INMATE TO BE RELEASED

Before an inmate is released, he shall be properly identified. His fingerprints and other identification marks shall
be verified with those which were taken when he was admitted in prison, and any change in his distinguishing
marks since said admission.

PROHIBITED RELEASE of INMATES BEFORE AND AFTER ELECTION

The Director shall not order or allow prison sixty (60) days before and thirty (30) days after an election except for
valid or legal reasons.

SECURITY PROCEDURES DURING EMERGENCIES, RIOTS, ESCAPES OR MAJOR DISTURBANCES

Control Center shall be under the command of the Superintendent or, in his absence, the Assistant
Superintendent, and in the latter's absence, the most senior prison guard present.

NOTES: Procedure during an escape or jailbreak.

• When a jail break is in progress or has just occurred, the Control Center shall immediately sound the alarm and
the Superintendent or the Commander of the Guards shall be notified.

• At the first sound of the alarm, all inmates shall be locked in their respective cells while those in work detail
shall be marched in orderly manner to their cells

• In case of mass jail breaks, all members of the custodial force shall be immediately issued firearms and
assigned to critical posts to seal off all possible escape routes while teams search the prison premises. Prison
personnel who are off-duty shall be required to report for duty immediately.

• If any prison officer or employee is held hostage by the escapee, reasonable caution to insure safety shall be
taken. If it is the Superintendent who is taken as hostage, the Assistant Superintendent shall assume command.

PROCEDURE DURING RIOTS AND DISTURBANCES

1. Sound the alarm

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 2. All visitors shall be immediately ushered out the prison
3. All guards who are not on duty shall be directed to immediately report to the Desk Officer. The most senior
guard present shall take command of the custodial force and make assessment of the situation.
4. All telephone calls to and from the prison compound shall be controlled
5. The Armorer shall issue the necessary anti-riot equipment and firearms
6. Based on his assessment of the prevailing conditions, the guard in command shall deploy the guards into
the following groups: (1st, 2nd and 3rd group)

BUCOR’S TEAMS UNDER RIOT AND DISORDERS

❑ Group 1 – anti riot assault with shields, head gear, gas mask and baton to disperse the rioters and leaders
❑ Group 2 – backup team with tear gas and gas grenades
❑ Group 3 – fire arms team, use firearms with permission of the guard in charge

VISITATION

BJMP MANUAL BUCOR MANUAL

TUESDAY TO SUNDAY ONLY New:
Wednesday to Sunday 8:00am to 3:00pm
• Monday (Washday)
• Tuesday to Friday Old
(1:00pm to 5:00pm Sunday to Thursday 9:00am to 3:00pm
• Saturday to Sunday (Visitor allowed one sched
only)
8:00am -12:00 noon or 1:00pm to 5:00pm

Ordinary Inmate- Max of 5 visitors

High Risk Inmates – Max of 2 visitors (30 mins

to 1 hour only)

EXECUTION OF DEATH PENALTY

Death penalty, how executed. — The death penalty shall be executed under the authority of the Director
by lethal injection.
Holding cell. — Whenever practicable, the death convict shall, twelve (12) hours prior to the scheduled time
of execution, be confined in an individual cell in a maximum security level facility. The convict shall be provided
therein with a bunk, a steel/wooden bed or mat, a pillow, a blanket and a mosquito net.
Death watch. — Four (4) guards shall keep a close watch over a death convict confined in the holding cell. Said
guards shall keep a detailed log book of their watch.
Visitation. — A death convict shall be allowed to be visited by his immediate family and reputable friends
at regular intervals and during designated hours subject to security procedures. Subject to the approval of the
Superintendent, a death convict shall, seven (7) days before the scheduled date of execution, be allowed daily
visits by his authorized visitors and his attorney of record.
Log book for mail of death convict. — Thirty (30) days prior to the execution date, the Superintendent
shall instruct the mail room officer to forward all the incoming mail of the death convict to the Commander
of the Guards for censorship.
Suspension of execution of the death sentence. — Execution by lethal injection shall not be inflicted upon
a woman within one year after delivery, nor upon any person over seventy (70) years of age. In this last case,
the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalty provided
in article 40 of the Revised Penal Code
Place of execution. — The execution by lethal injection shall take place in the prison establishment and space
there at as may be designated by the Director. Said place shall be closed to public view.
Administering of lethal drugs. — The injection of the lethal drugs to a death convict shall be made by a
person designated by the Director.
Identity of relatives of death convict and of person administering lethal injection – The identity of
the relatives of the death convict and the person who were designated to administer the lethal injection shall be
kept secret

REPUBLIC ACT No. 9346

AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No.
Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death
by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No.
7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as
they impose the death penalty are hereby repealed or amended accordingly.

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 WHAT IS A JAIL?

JAIL – It is a place for locking-up of persons who are convicted of minor offenses or felonies who are
to serve a short sentence imposed upon them by a competent court or for confinement of persons who
are awaiting trial or investigation of their cases.

– It is a place of confinement for inmates under investigation, awaiting or undergoing trial or serving
sentence.

– It is a building or place of confinement of arrested or sentenced persons. It is usually made up of cells which
are made up of small rooms or enclosures where prisoners are actually kept or confined (People vs. Caricaban,
13672-CR, Sept. 9, 1965)

ORIGIN OF THE WORD JAIL

- It is said to have been derived from the Spanish word JAULA / CAULA which means a CAGE.
- It is also said to have been derived from the French word GAOL pronounced as “geole”, a place for
the arrested criminals.

Types of Jails:

1.Lock-up Jails – It is a security facility common to police stations used for temporary confinement of an
individual held for investigation.
2.Ordinary Jails – It is the type of jail commonly used to detain a convicted criminal offender to serve sentence
less than three years.
3.Workhouses, Jail Farms or Camps – facilities that house minimum custody offenders who are serving
short sentences or those who are undergoing constructive work programs. It provides full employment of
prisoners, remedial services and constructive leisure time activities.

AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION

(BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN,
PROVISIONS OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF AND FOR
OTHER PURPOSES
SECTION 1. Title. - This Act shall be known as the “Bureau of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004”

J/DIR. CHARLES MONDEJAR - The first chief of the BJMP way back its establishment.

MISSION

To enhance public safety by ensuring humane safekeeping and development of Persons Deprived of Liberty
(PDL) in all district, city, and municipal jails for their integration to society.

VISION

A premier institution highly regarded by society for the secure and humane treatment of Persons Deprived of
Liberty (PDL) by its competent and motivated corps.

Objectives of the BJMP:

1.To improve the living conditions of the offenders in accordance with the accepted standards set by the United
Nations.
2.To enhance rehabilitation and reformation of offenders in preparation for their eventual reintegration into the
mainstream of society upon their release.
3.To professionalize jail services.

POWERS, FUNCTIONS, COMPOSITION AND ORGANIZATION OF THE BJMP

A. Powers:

The Bureau shall exercise supervision and control over all district, city and municipal jails to ensure
a secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and municipal
prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or transfer to the
National Penitentiary and any violent, mentally ill person who endangers himself or the safety of others.

B. Bureau of Jail Management and Penology (RA 6975)

SECTION 60. Composition. — The Bureau of Jail Management and Penology, hereinafter referred to as the
Jail Bureau, is hereby created initially consisting of officers and uniformed members of the Jail Management and
Penology Service as constituted under Presidential Decree No. 765.
NOTE:
SEC 13 – NAPOLCOM SEC 23 - PNP

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 SEC 53 – BFP SEC 66 - PPSC

C. Organization and Key Positions in the BJMP:

The BJMP, also referred to as the Jail Bureau was created pursuant to Section 60, R.A. No. 6975 and initially
consisting of uniformed officers and members of the Jail Management and Penology service as constituted under
P.D. no. 765.

The Bureau shall be headed by a chief with the rank of Director and assisted by a Deputy Chief with the
Rank of Chief Superintendent.

The Central Office is the Command and Staff Head Quarters of the Jail Bureau composed of 3 Command
Groups, 6 Coordinating Staff Divisions, 6 Special Staff Groups and 6 Personal Staff Groups namely:

1. Command Groups
- Chief, BJMP (Director Rank)
- Deputy C/BJMP (Admin and Operation)
- Chief of Directorial Staff

2. Coordinating Staff Groups

- Administrative Division
- Operations Division
- Logistics Division - EQUIPMENT
- Finance Management Division - COMPTROLLERSHIP
- Research Plans and Programs Division
- Inspection and Investigation Division

3. Special Staff Groups

- General Services Unit – REPAIRS AND MAINTENANCE
- Health Services Unit
- Chaplain Services Unit – SPIRITUAL SERVICES
- Community Services Unit
- Finance Services Unit
- Hearing Office

4. Personal Staff Groups

- Aide-de-Camp
- Intelligence Office
- Public Information Office
- Legal Office
- Adjudication Office
- Internal Audit

Regional Office:

At the Regional Level, each Region shall have a designated Regional Director for Jail Management and
Penology.

Provincial Level:

In the Provincial Level, there shall be designated Provincial Jail Administrator to perform the same
functions as the Assistant Regional Director province wide.

District Office:

In the District Level, where there are large cities and municipalities; a district jail with subordinate jails headed
by a District Warden may be established as necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head each jail.

FUNCTIONS OF A JAIL WARDEN OR PRISON SUPERINTENDENT

1. Decision Making - It is important in the prison setting. The warden limits his role to considering
policy matters and major problems. He delegates with confidence to well-trained subordinate executives,
sufficient authority for management of daily operations in line with established policy.

2. Control prison operations and activities - It has always been important to ensure that the
program and policy are carried out and avoid mismanagement by incompetent personnel or by individual or
group of inmates getting into positions of power. The warden depends more on sound organizational planning,
written manual policies and procedures, and an effective communications system than controlling operations

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 by constant personnel inspection of all areas and frequent contact with all personnel and a large number of
inmates.

3. Public Relation - The warden today provides leadership to involve all personnel in a program aimed
at gaining public understanding, goodwill and community acceptance.

4. Personnel Program - It is the warden’s responsibility to provide leadership and assign responsibility
for recruitment, selection, training and supervision of personnel.
Executive Leadership - must be constantly demonstrated by the administrative head. He must offer
leadership and motivation to his staff in his personal drive, knowledge and sincerity of purpose and must tie
together all programs or discipline in cementing a meaningful administrative course.

RANK CLASSIFICATION OF THE BJMP (RA 9263)

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP President

C/ Supt. Deputy C/BJMP President
Sr. Supt. Asst. Regional Dir. DILG Secretary
Supt. Asst. Regional Dir. Chief, BJMP
Chief Insp. Warden Chief, BJMP
Sn. Insp. Warden Chief, BJMP
Inspector Warden Chief, BJMP
SJO 4 to Jail Guards Regional Director
JO1

The BFP and the BJMP shall be respectively headed by a Chief who shall be assisted by two (2) deputy
chiefs, one (1) for administration and one (1) for operations, all of whom shall be appointed by the
President upon recommendation of the Secretary of the DILG from among the qualified officers with at
least the rank of senior superintendent in the service (RA 9263 Sec. 3).

NOTE: All uniformed personnel of the BJMP shall be trained in the National Jail Training Institute under the
Philippine Public Safety College (PPSC-NJTI)

Lateral Entry of Officer into the BFP and the BJMP (RA 9263)
In general, all original appointments of officers in the Fire Bureau and Jail Bureau shall commence the rank of
fire/jail inspector.
Doctor of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of fire/jail
senior inspector in their particular technical service.
Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to
the initial rank of fire/jail inspector.

A. Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed

Personnel of the BFP and the BJMP to Key Positions. (RA 9263)

1) Municipal Jail Warden. – Should have the rank of chief inspector, who have finished at least second
year Bachelor of Laws or earned at least twelve (12) units in a master' degree program
2) City Jail Warden. – Should have the rank of chief inspector, who must have finished at least second
year Bachelor of Laws or earned at least twenty four (24) units in master's degree program
Provided, That in city jails with a population of one (1,000) or more inmates, the city jail warden shall the rank
and qualification of a district jail warden;
District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for Administration,
Assistant Regional Director for Operations and Regional Chief of Directorial Staff. – Should have the
rank of senior superintendent, who must be a graduate of Bachelor of Laws or a holder of a master's degree
Regional Director for Jail Management and Penology and Director of the Directorate of the
National Headquarters Office. – Should have the rank of senior superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master's degree
Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of the Jail Bureau
and Chief of Directorial Staff of the Jail Bureau. – Should have the rank of senior superintendent, who
must be a member of the Philippine Bar or a holder of a master's degree
Chief of the Jail Bureau. Should have the rank of director who must be a member of the Philippine Bar or a
holder of a master’s degree

FUNCTIONS OF A JAIL WARDEN OR PRISON SUPERINTENDENT

1. Decision Making - It is important in the prison setting. The warden limits his role to considering policy matters
and major problems. He delegates with confidence to well-trained subordinate executives, sufficient authority
for management of daily operations in line with established policy.
2. Control prison operations and activities - It has always been important to ensure that the program and
policy are carried out and avoid mismanagement by incompetent personnel or by individual or group of inmates

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 getting into positions of power. The warden depends more on sound organizational planning, written manual
policies and procedures, and an effective communications system than controlling operations by constant
personnel inspection of all areas and frequent contact with all personnel and a large number of inmates.
3. Public Relation - The warden today provides leadership to involve all personnel in a program aimed at gaining
public understanding, goodwill and community acceptance.
4.Personnel Program - It is the warden’s responsibility to provide leadership and assign responsibility for
recruitment, selection, training and supervision of personnel.

Executive Leadership - must be constantly demonstrated by the administrative head. He must offer
leadership and motivation to his staff in his personal drive, knowledge and sincerity of purpose and must tie
together all programs or discipline in cementing a meaningful administrative course.

Duties and Responsibilities:

A. WARDEN
- Direction, Coordination and Control of the Jail
- Responsible for the:

Security, safety, discipline and well-being of inmates.

The office of the warden may organize the following units:

1. Intelligence and Investigation Team

– It gathers, collates and submits intelligence information to the office of the warden on matter regarding the
jail condition.

2. Jail Inspectorate Section

- Inspect jail facilities, personnel, prisoners and submit reports to the warden.

3. Public Relation Office

- Maintain public relation to obtain the necessary and adequate public support.

B. ASSISTANT WARDEN

- The Office of the Assistant Warden undertakes the development of a systematic process of
treatment.
- Chairman of the Classification Board and Disciplinary Board.

Note: Once the inmate has undergone the registration process; he/she will be temporarily housed at the
Inmate Classification and Counseling Unit (ICCU) in jails where it is available. The inmate shall stay at
the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days or until the
completion of the classification process. At the ICCU, the newly committed inmate will undergo assessment by
the different health professionals.

ICCU – Equivalent of Reception and Diagnostic Center of BuCor.

C. ADMINISTRATIVE GROUPS

The administrative groups take charge of all administrative functions of the jail bureau.

1. Personnel Management Branch

- Assignments of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and Statistics Branch
- Keeps and maintains booking sheets and arrest reports
- Keeps an orderly record of fingerprints and photographs
- Presents/Prepares statistical data of inmates
3. Property and Supply Branch
- Takes charge of the safekeeping of equipments, supplies and materials needed for the operation of the jail.
4. Budget and Finance Branch
- Takes charge of all financial matters such as budgeting, financing, accounting and auditing.
5. Mess Service Branch
- Takes charge of the preparation of the daily menu, prepares and cook the food and serve it to inmates.
6. General Service Branch
- Responsible for the maintenance and repair of jail facilities and equipment. It is also tasked with the cleanliness
and beautification of the jail compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the full completion of the service of sentence of
inmates.

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 Mittimus – is a warrant issued by a court directing the jail or prison authorities to receive the convicted offender
for the service of sentence imposed therein or for detention.

D. SECURITY GROUPS:

- The security groups provide a system of sound custody, security and control of inmates and their movements
and also responsible to enforce prison or jail discipline.

1. Escort Platoon

a) Escort Section – to escort inmate upon order of any judicial body; upon summon of a court; or transfer to
other penal institutions. Ratio of 1:2 (one inmate: 2 jail officers)
b) Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.

2. Security Platoon – a three (3) working platoon shifts responsible for overall security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting and releasing
unit.

JAIL MANNING LEVEL

1.CUSTODIAL RATIO – 1 personnel for every 7 inmates

2.COURT ROOM RATIO – 2 personnel for every 1 inmate
3.ESCORT RATIO – 1 personnel for every 1 inmate plus one personnel for high-risk inmate
4.LONG DISTANCE TRAVEL – Minimum of 3 personnel
5.REFORMATION OFFICER RATIO – 1 personnel to 24 inmates

E. REHABILITATION PURPOSES GROUPS:

- This group provides services and assistance to prisoners and their families to enable them to solve their
individual needs and problems arising from the prisoners’ confinement.

1. Medical and Health Services Branch - Provides medical and physical examinations of inmates
upon confinement, treatment of sick inmates and conduct medical and physical examinations and provide
medicines or recommends for the hospitalization of seriously ill prisoners or inmates. It also conducts psychiatric
and psychological examinations.
2. Work and Education Therapy Services - It takes charge of the job and educational programs
needed for rehabilitation of inmates by providing them job incentives so they can earn and provide support for
their families while in jail.

EDUCATION – CORNERSTONE OF REHABILITATION or THE MOST IMPORTANT PROGRAM OF

REHABILITATION

3. Socio- Cultural Services - It takes care of the social case work study of the individual prisoners
by making interviews, home visits, referral to community resources, free legal services, and liaison works for
the inmates.
4. Chaplaincy Services - It takes charge of the religious and moral upliftment of the inmates through
religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services - Responsible for the individual and group counseling
activities to help inmates solve their individual problems and to help them lead a wholesome and constructive
life.

BJMP MANUAL Section 30. PUNISHABLE ACTS:

1. MINOR OFFENSES:
a. Bartering and Vending;
b. Personal Services;
c.Untidy Appearance;
d. Littering;
e. Groundless complaints;
f. Reporting complaints on behalf of other inmates;
g. Late in headcount; and
h. Waste of food.

2. LESS GRAVE OFFENSES:

a. Absent in prison labor;
b. Failure to render assistance to an injured personnel or inmate and in putting out fires inside the jail;
c.Improper behavior during religious, social and other group functions;
d. Profanity;
e. Malingering;
f. Spreading rumors;
g. Failure to give due respect to any BJMP personnel;
h. Forcing to render personal service to him/her and/or to others;
i. Exchanging uniforms and wearing unauthorized uniforms;

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 j. Loitering;
k. Unauthorized use of telephone;
l. Vandalism;
m. Withholding information;
n. lewd or pornographic literature and/or photographs;
o. absent in headcount; and
p. Failure to turn over any implement/article/s issued after work detail.

3. GRAVE OFFENSES:
a. Malicious lying;
b. Keeping or concealing keys or locks;
c.Direct / Indirect bribery;
d. Possession of contrabands;
e. Tattooing others or allowing him/her to be tattooed;
f. Extortion;
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Concealing or withholding information on plans of attempted escapes;
i. Unruly conduct and flagrant disregard for discipline and instructions;
j. Escaping, attempting or planning to escape from the institution or from any guard;
k. Helping, aiding or abetting others to escape;
l. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot;
m. Indecent, immoral or lascivious acts by himself/herself or others and/or allowing himself/herself to
be the subject of such indecent, immoral or lascivious acts;
n. Willful disobedience to a lawful order issued by any BJMP personnel;
o. Assaulting any BJMP personnel;
p. Damaging any government property or equipment;
q. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or
perversion of legal procedures as a mock court by the inmates in a jail/prison;
r. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate themselves
from others;
s.Failing to inform the authorities concerned when afflicted with any communicable disease such as tuberculosis,
sexually-transmitted diseases, etc.;
t. Engaging in gambling or any game of chance;
u. Committing any act which violates any law or ordinance, in which case, he/she shall be prosecuted
criminally in accordance with law; and
v. Committing any act prejudicial to good order and discipline.

Any personnel, especially warden, found to be allowing and tolerating any violation mentioned above will be
immediately relieved from his/her designation without prejudice to his or her being administratively charged.

Section 26. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD – The Board is tasked to
investigate the facts of an alleged misconduct referred to it. It shall hold sessions as often as necessary in a
room, which may be provided for the purpose. All cases referred to it shall be heard and decided within
forty-eight (48) hours from the date of receipt of the case.

Disciplinary Punishments in Jail / Prison

1.Counsel and reprimand

2.Reduced Diet
3.Loss of Privileges
4.Loss of Good Conduct Time Allowance
5.Close Confinement

THE TREATMENT PROGRAMS

A. The Institutionalized Treatment Programs

1. Prison Education – It is the cornerstone of rehabilitation. It is the process or result of formal

training in school or classrooms intended to shape the mind and attitude of prisoners towards good living
upon their release.

2. Work Programs / Livelihood Programs – these are programs conducive to change behavior in
morale by training prisoners for a useful occupation. It is purposely to eliminate idleness on the part of prisoners
which may contribute to “Prison stupor” and it affects the incidence of prison riot.

a.Industrial Programs – concerned in goods or products production

b. Agricultural Programs – concerned in crops and farm activities and programs

3. Religious Services in Prison / spiritual programs- The purpose of this program is to change
the attitudes of inmates by inculcating religious values or belief.

4. Sports and Recreational Programs - The only leisure program that is conducted during free time
schedule.

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 5. Medical and Health Services - Medical and health services include: Mental and physical
examination - Diagnosis and Treatment – Immunization – Sanitary - Inspections - Participation in Training

6. Counseling and Casework

PENAL SERVITUDE / PRISON LABOR

PENAL SERVITUDE – It is a punishment which consists of keeping an offender in confinement and compelling
him to labor.

-Also known as PRISON LABOR

-Penal servitude is being conducted in HARD WOOD SHOPS
The six systems of prison labor are:

1. Lease System - The State turns the prisoners over to a private lease. The latter feeds, clothes,
guards, and houses and disciplines the prisoners. This system prevailed in the Southern States of the United
States. These systems no longer exist. (Private Controlled with Less Government Supervision)
2.Contract System - The State, under this system retains control of the prisoner and the contractor merely
engages with the State for the labor of the inmates, which is performed within or near the prison. The contractor
supplies the raw material and supervises the work and pays the institution the stipulated amount for the services
of the prisoners. This system no longer exists too. (Government Controlled with Private Paying
Contractor)
3. Price-Piece System - Under this system the contractor supplies the raw materials and pays the
State a determined amount for the work done on each article produced. The institution retains control of the
inmates including the daily quantity of work required. This system has also been abolished. (Government
Controlled Prison with Private company partnership paying per piece of work)
4. Public Account System - In the Public Account System, the State buys the raw material,
manufactures and sells the products and assumes all the risks of conducting a manufacturing business. Today,
prison-made products cannot be sold in the open market. (Full Government Control)
5. State-Use System - Under this system, the State conducts the manufacture of the article but the
use of the article is limited to State-owned institutions. The principle of the system is that the State produces
articles or merchandise for its own consumption alone and in the process, affords the prisoner opportunities to
train for a vocation. (Government Manufactures for its own consumption)
6.Public Works and Ways System — Prison labor is used in the construction and repair of public buildings,
roads, bridges, flood control, reforestation, clearing land, preventing soil erosion, etc. The system does not
involve the application of prison labor to the production of consumption goods. (inmate in public works)
MODES AND GUIDELINES OF RELEASE – The following modes and guidelines shall be observed when
inmates are to be released from detention.

b. An inmate may be released through:

✓ Service of Sentence – released by Director
✓ Order of the Court – through probation or acquittal
✓ Parole – by Board of Pardons and Parole
✓ Pardon – released by the order of the President
✓ Amnesty - released by the order of the President and Congress

c. Before an inmate is released, he/she shall be properly identified to ensure that he/she is the same person
received and will be released. His/her marks and fingerprints shall be verified with those taken when he/she
was received.

Any changes or differences in his/her distinguishing marks and scars shall be investigated to ascertain his/her
real identity in order to prevent the mistaken release of another person.

d. No inmate shall be released on a mere verbal order or an order relayed by telephone. The release
of an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity, of filing of bond, shall
be effected only upon receipt of the Release Order served by the court process server.

The Court Order shall bear the full name of the inmate, the crime he/she was charged with, the criminal
case number and such other details that will enable the officer in charge to properly identify the inmate to be
released.

✓ Upon proper verification from the court of the authenticity of the Order, an inmate shall be released promptly
and without unreasonable delay.
✓ Under proper receipt, all money earned and other valuables held in trust when first admitted shall be returned
to the inmate upon release.
✓ The released inmate shall be issued a Certification of Discharge from jail by the Warden/Wardress or his/her
authorized representative.

PREGNANT FEMALE INMATE

Pregnant women must be given special considerations and if ever that the child was born, the said child will
have to stay to his/her mother for not more than 1 year (BUCOR) and not more than 1 month (BJMP)

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 CAN AN INMATE MARRY?
✓ Yes, but
✓ Be held inside the jail
✓ Request must be produced to the superintendent
✓ Expenses must be shouldered by the inmate
✓ Solemnized by the prison chaplain
✓ No media coverage
✓ No jail personnel sponsors and witness
✓
MISCELLANEOUS TOPICS ABOUT INSTITUTIONAL CORRECTION
✓ The United Nations Standard Minimum Rules for the treatment of offenders prescribe that penal
institution should not exceed 1,200 inmates. Smaller institutions should however not be too small as to
make operating cost too expensive.
✓ Super Security Facility - A small portion of any prison population consists of incorrigibles,
recidivists, escape artists, and chronic troublemakers. This category of prisoners should be confined in
a unit or institution separate from the general population.

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 CA2: NON-INSTITUTIONAL CORRECTION

Community-based approach to corrections as a way to decongest the prisons involve the Public
Attorney’s Office and the National Prosecution Service effecting the immediate release of detainees either on
bail or recognizance and giving priority to the trial of detainees who cannot be released on bail or recognizance.

It involves the efficient performance of the Board of Pardons and Parole in the granting of timely release
of prisoners and the effective supervision of released prisoners on parole or conditional pardon and those
under probation by the Probation and Parole Administration. Probation and Parole are two forms of
non-institutional or community-based corrections.

NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES

The fact that our government is facing severe budgetary crisis does not augur well for the Criminal Justice
System most particularly the Corrections Pillar which is the last destination of society’s convicted offenders.

NON-INSTITUTIONAL CORRECTIONS refer to that method of correcting sentenced offenders without

having to go to prison.

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member because the convict
can still continue to support his family; not to be far away from his children;
2. Rehabilitation will be more effective as the convict will not be exposed to hardened criminals in
prisons who will only influence him to a life of crime;
3. Rehabilitation can be monitored by the community, thus, corrections can be made and be more
effective; and
4. Cost of incarceration will be eliminated which is extremely beneficial especially to a cash-strapped
government. An entire bureaucracy will be eliminated which includes the salaries, benefits and perks of the
officers and staff, capital outlays, operating costs, maintenance of the facilities, subsistence of inmates, and
many others.

TYPES OF NON-INSTITUTIONAL CORRECTION PROGRAMS

1. Probation - It is a disposition under which a defendant, after conviction and sentence, is released
subject to conditions imposed by the court and to the supervision of a probation officer.
2. Indeterminate Sentence Law / Parole Program – It is that type of correctional program that
enables the convicted felon after serving the minimum imposable penalty may be eligible for release on parole.
3. Executive Clemency – It is the power of the Chief Executive to grant amnesty, commutation of
sentence, pardon, reprieve and remit fines and forfeitures to convicted prisoners
4. Restorative Justice Program – It refers to the program enacted under RA 9344 for CICL’s that
requires a CICL’s to undergo after he/she is found responsible for an offense without resorting to formal court
proceeding like diversion, intervention and Community based programs.

PROBATION - A term coined by John Augustus, From the Latin verb "probare" - to prove, to test and
“probatio” – testing period.

HISTORY

The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishments were
imposed on adults and children alike for offenses that were not always of a serious nature. Sentences such as
branding, flogging, mutilation and execution were common. During the time of King Henry VIII, for
instance, no less than 200 crimes were punishable by death, many of which were minor offenses.

Royal pardons - could be purchased by the accused; activist judges could refrain from applying statuses or
could opt for a lenient interpretation of them; stolen property could be devalued by the court so that offenders
could be charged with a lesser crime.

BENEFIT OF CLERGY, JUDICIAL REPRIEVE, SANCTUARY, and ABJURATION offered offenders a degree
of protection from the enactment of harsh sentences.

"BINDING OVER FOR GOOD BEHAVIOR," is a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain courts in due time began suspending
sentences.

In the United States, particularly in Massachusetts, different practices were being developed. "Security
for good behavior," also known as good aberrance was much like modern bail: the accused paid a fee
as collateral for good behavior. Filing was also practiced in cases that did not demand an immediate
sentence. Using this procedure, indictments were "laid on file" or held in abeyance.

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 To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor
technicalities or errors in the proceedings. Although these American practices were genuine precursors to
probation, it is the early use of recognizance and suspended sentence that are directly related to modern
probation.

Two names are most closely associated with the founding of probation: Matthew Davenport Hill, an 18th
century English barrister and judge, and John Augustus, a 19th Century Boston boot-maker.

As a young professional in England, Matthew Davenport Hill had witnessed the sentencing of youthful
offenders to one-day terms on the condition that they be returned to a parent or guardian who would closely
supervise them.

He eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals
who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they
were placed in the hands of generous guardians who willingly took charge of them. Hill had police
officers pay periodic visits to these guardians in an effort to tack the offender's progress and to keep a
running account.

Matthew Davenport Hill – FATHER OF PROBATION IN ENGLAND

John Augustus, the "Father of Probation" is recognized as the “first true probation officer”.

✓ Augustus was born in Woburn, Massachusetts in 1785.

✓ By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business.
✓ It was undoubtedly his membership in the Washington Total Abstinence Society that led him to the
Boston courts.
✓ Washingtonians abstained from alcohol themselves and were convinced that abusers of alcohol could
be rehabilitated through understanding, kindness and sustained moral suasion rather then
through conviction and jail sentences.
✓ In 1841, John Augustus attended police court to bail out a "common drunkard," the first
probationer.
✓ The offender was ordered to appear in court three weeks later sentencing. He returned to court a sober
man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and demeanor had
dramatically changed.
✓ He was also the first to apply the term "probation" to this process of treating offenders.
✓ By 1858, John Augustus had provided bail for 1,946 men and women, young and old. Reportedly, only
ten of this number forfeited their bond.
✓ The first probation statute enacted in Massachusetts shortly after this death in 1859 was widely
attributed to his efforts.
✓ The first juvenile court was established in Chicago in 1899.
✓ Formalization of the concept of Intake is credited to the founders of the Illinois juvenile court.

Probation in New York State had its official beginning in 1901.

Fr. Rufus Cook – a chaplain in Boston, Massachusetts who continued the work of Augustus after the latter’s
death and employed humane but unscientific approach.

The Probation Act of 1925 signed by President Calvin Coolidge provided for a probation system in the
federal courts (except in the District of Columbia). It gave the courts the power to suspend the imposition
or execution of sentence and place defendants on probation for such period and on such terms and conditions
as they deemed best.

HISTORICAL BACKGROUND of Probation in the Philippines

✓ Probation was first introduced in the Philippines during the American colonial period (1898 - 1945) with the
enactment of Act No. 4221 of the Philippine Legislature on 7 August 1935.

ACT 4221 – THE FIRST PROBATION LAW OF 1935

This law created a Probation Office under the Department of Justice. On November 16, 1937, after barely
two years of existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework in the case of People vs Vera
which states that Act 4221 causes undue delegation of legislative power and violation of equal protection of the
law.

In 1972, House Bill No. 393 was filed in Congress by Teudolo C. Natividad and Ramon D. Bagatsing
which would establish a probation system in the Philippines. This bill avoided the objectionable
features of Act 4221 that struck down the 1935 law as unconstitutional.

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 The bill was passed by the House of Representatives but was pending in the Senate when Martial Law was
declared and Congress was abolished.

On 24 July 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976 was signed
into Law by the President of the Philippines.

Fifteen selected probation officers were sent to U.S.A. for orientation and training in probation administration.
Upon their return, they were assigned to train the newly recruited probation officers.

The probation system started to operate on 3 January 1978. As more probation officers were recruited and
trained, more field offices were opened. There are at present 204 field offices spread all over the country
supervised by 15 regional offices.

On November 23, 1989, EO 292 was promulgated which added functions of supervising prisoner under parole
and pardon with parole conditions.

P.D. 968- as amended; otherwise known as the “Adult Probation Law of 1976.

Congressman Teodulo Natividad

Drafted the Decree on Probation in the Philippines
First Probation Administrator
Father of Probation in the Philippines

CONGRESSMAN RAMON BAGATSING AND TEODULO NATIVIDAD- introduced House Bill 393 “An Act
Establishing Probation in the Philippines”.

Ferdinand E. Marcos – Former President of the Philippines who approved and signed P.D. 968, as amended,
on July 24, 1976.

PROBATION

It is a disposition under which a defendant, after conviction and sentenced is released subject to
conditions imposed by the court and to the supervision of a probation officer

PD 968 - THE PROBATION LAW OF 1976

- It was approved on 24 July 1976 and took effect on 3 January 1978
The PPA was created pursuant to Presidential Decree (P.D.) No. 968, as amended, to administer the probation
system. Under Executive Order No. 292, the Probation Administration was renamed as the “Parole and Probation
Administration” and given the added function of supervising prisoners who, after serving part of their sentence
in jails are released on parole or granted conditional pardon. The PPA and the Board of Pardons and Parole are
the agencies involved in the non-institutional treatment of offenders.

PD 603 – The Child and Youth Welfare Code of 1974 that provides probation for minors below the age of 18.
AMENDATORY LAWS TO PD 968
PD 1257 – It took effect on 01 December 1977; it amended the period within which application for probation
must be made.
BP 76 – It took efect on 13 June 1980; it amended the maximum penalty for qualification for probation
PD 1990 - It took efect on 15 January 1986; it amended BP 76 back to original form and made probation and
appeal exclusive remedies.
RA 10707 – New Probation Law of 2015.

PROBATIONER / CLIENT
- is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer)

- is one who investigates (PSI) for the court a referral for probation or supervises a probationer or both.

FORERUNNERS OF PROBATION

1. BENEFIT OF CLERGY

This originated in a compromise with the Church which had maintained that a member of the clergy brought
to trial in a King’s Court might be claimed from that jurisdiction by the bishop or chaplain representing him, on
the ground that he, the prisoner, was subject to the authority of the ecclesiastical courts only.

2. JUDICIAL REPRIEVE

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 This is a temporary withholding of sentence, either before or after judgment; as where the judge
is not satisfied with the verdict, or evidence is suspicious, or indictment is insufficient, or he is doubtful whether
the offense be within the clergy, or sometimes if it be a small felony, or any favorable circumstances appear in
the criminal’s character.

3.RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice involving the release of the person accused of committing a
crime to the custody of a person of reputable character who shall have the responsibility of bringing the
accused to court whenever the court requires.

4. TRANSPORTATION
This was chiefly a way of ridding the country of criminals; it later developed as a plan for supplying new
colonies with cheap labor. It was also an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

JOHN AUGUSTUS

– “Father of Probation” in the US

– American pioneer of probation
– The first true probation officer
–
FR. RUFUS COOK
– The successor of John Augustus that continued that latter’s work on probation in Boston

MATTHEW DAVENPORT HILL

- He is considered as the “Father of Probation” in England.

TEODULO C. NATIVIDAD

- Father of Philippine Probation

- Primary author of HB 393 that later on became PD 968 which was co-authored by Cong. Ramon Bagatsing

Act No. 4221

– The first Probation Law of the Philippines.

– This act became effective on August 7, 1935.
– The Supreme Court declared this Act unconstitutional on November 16, 1937.

In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was challenged because of the following
grounds:
a) The said act encroaches upon the pardoning power of the executive;
b) That it constitutes an undue delegation of legislative power; and
c) It denies the equal protection of the laws.

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1.A more enlightened and humane correctional system;

2.To promote the reformation of offenders;
3.Reduction of the incidence of recidivism;
4.Extending to offenders individualized and community-based treatment programs instead of imprisoning them;
5.Limited to offenders who are likely to respond thereto favorably; and
6.The method is less costly than confinement.

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

1.There is no single cause for delinquent behavior. Human beings are extremely complicated.
2.Delinquent and criminal acts are symptoms of a more serious underlying condition.
3.That the individual has the ability to change and to modify his anti-social behavior with the right kind of
help.
4.The central goal of the Probation Administration is to enhance the safety of the community by reducing
the incidence of criminal acts by persons previously convicted.
5.This is of course not to say that probation should be used in all cases or that it will always produce better
results.
6.By the same token, however, it is to say that probation is a good bit more than the “matter of grace” or
“leniency” which characterizes the philosophy of the general public and of many judges and legislators on the
subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer recognized.
8.It is generally conceded that probation is a matter of privilege to be granted or refused at the discretion
of the State.
9.No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence investigation report (PSIR).

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 BENEFITS OF PROBATION

a. Probation protects society

1.From the excessive costs of detention
2.From the high rate of recidivism of detained offenders

b. Probation protects the victim

1.It provides restitution
2.It preserves justice

c.Probation protects the family

1.It does not deprive the wife and children of a husband and a father
2.It maintains the unity of the home

d. Probation assists the government

1.It reduces the population of prisons and jails
2.It lessens the clogging of courts
3.It lightens the load of prosecutors
4.It sustains law enforcement

e. Probation helps the offender

1.It maintains his earning power
2.It provides rehabilitation in the community
3.It restores his dignity

f. Probation justifies the philosophy of men

1.That life is sacred
2.That all men deserve a second chance
3.That an individual can change
4.That society has a moral obligation to lift the fallen

ADVANTAGES OF PROBATION

a.Probation prevents crime by offering freedom and aids only to those offenders who are not likely to assault
the society again.
b. It protects the society by placing under close supervision non-dangerous offenders while undergoing
treatment and rehabilitation in the community.
c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first-time offenders from turning into hardened criminals.
e.It is a measure of cutting enormous expense in maintaining jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of feeding and guarding detainees.
h. It gives the first and light offenders a second chance in life and provides as opportunity for the
reformation of a penitent offender.
i. It makes offenders productive or taxpayers instead of tax eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that have adopted it.
SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the sentence whether it imposes a term
of imprisonment or a fine only is suspended and the defendant is released on probation.

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant depends upon the discretion of the
court. But it will be declared as a right if (a) the applicant is a minor stated under RA 9344 and (b) when the
probation order is already released by the court.

NECESSITY OF APPLICATION

Probation may not be granted except upon application of the defendant.

TIME FOR APPLICATION

The law says that the application for probation should be made within the period for perfecting an appeal or
within fifteen (15) days from promulgation of notice of judgment.

EFFECT ON APPEAL

The filing of application (for probation) shall be deemed a waiver of the right to appeal. In such case, the
accused cannot, even by withdrawing his application for probation, reinstate his appeal or right to appeal.

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 RA 10707
PROBATION LAW OF 2015

WHEN AN ACCUSED WHO APPEALED MAY STILL APPLY FOR PROBATION

No application for probation shall be entertained or granted if the defendant has perfected the appeal
from the judgment of conviction: Provided, That, when a judgment of conviction imposing a non-
probationable penalty is appealed or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be allowed to apply for probation based on the
modified decision before such decision becomes final.

The application for probation based on the modified decision shall be filed in the court of origin or in the trial
court where such case has been re-raffled. The Petition for Probation must include a Certified True Copy of
the Modified Decision of the Appellate Court. Moreover, the Petitioner should inform the appellate court
of its intention to apply for probation by filing a manifestation or copy furnishing it of its petition to apply for
probation. This notwithstanding, the accused shall lose the right to apply for probation on a modified decision
should he/she seek a review of the modified decision which already imposes a probationable penalty. (As
amended by RA 10707)

PROBATION OF SOME ACCUSED AFTER JOINT TRIAL AND CONVICTION

When two (2) or more accused are tried jointly and convicted, and some have taken further appeal, the other
accused who did not file an appeal may apply for probation by filing a petition for probation within fifteen
(15) days from the promulgation of judgment or notice thereof and attaching thereto a certified true copy of
the judgment of conviction. The trial court shall act on the petition for probation even after it shall have
forwarded the entire records of the case to the appellate court and despite the pendency of the appeal of the
other accused.

The filing of probation of one or more several accused shall make the decision of the trial court final as to them
but not to those who have taken further appeal.

The decision in the appeal shall not affect those who applied for probation except insofar as the judgment of
the appellate court is favorable and applicable to the latter.

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

There is nothing in the Probation Law which indicates that the defendant’s right to move for a reconsideration
of the judgment of conviction or his right to ask for new trial is waived or suspended by his application for
probation, or that such application has the effect of an automatic withdrawal of a pending motion for
reconsideration or new trial, although there is likewise nothing in the law which suggests that the filing of the
application for probation interrupts the running of the period for reconsideration or new trial.

FORM OF APPLICATION

The law does not prescribe any particular form and therefore it may be in any form, written or oral. For
recording purposes, however, oral applications should be reduced into writing.

POST SENTENCE INVESTIGATION

The Probation Law provides that “no person shall be placed on probation except upon prior investigation by the
probation officer and a determination by the court that the ends of justice and the best interest of the public as
well as that of the defendant will be served thereby".

The probation officer shall submit to the court the investigation report on an applicant not later than sixty
(60) days from receipt of the order of the said court to conduct the investigation.

The court shall resolve the petition for probation not later than fifteen (15) days after receipt of said
order.

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR INVESTIGATION

However, there is nothing in the law which requires that such an investigation should be conducted in every
case as an essential condition before the court may deny an application for probation.

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT SERVING SENTENCE

If there is an application and the defendant does not appear to be disqualified, the court may order such
investigation only after a sentence of conviction by the trial court for the reason that the same would be
premature if made prior to said conviction, considering that the judgment might eventually be an acquittal or,
even if it be conviction, the court might find as a fact in its decision that the defendant is a disqualified offender,
in either of which cases the order for investigation would serve no purpose.

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

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 Under our Probation Law, the investigation for probation is a post-sentence, not pre-sentence investigation;
meaning that the investigation is after, not before, the sentence. The sentence referred to is the sentence of
the trial court.

SCOPE OF INVESTIGATION

The inquiry should be a thorough investigation into the character, antecedents, environment, mental and
physical condition of the offender and available institutional and community resources as well as all other
matters bearing the following questions:

(a) Whether or not the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
(b) Whether or not there is undue risk that during the period of probation the offender will
commit another crime; and
(c) Whether or not probation will depreciate the seriousness of the offense committed.

Probation Investigation Procedures

The PSI gathers information on the petitioner’s personality, character, antecedents, environment and other
relevant information, including community resources which shall be utilized in the rehabilitation of the client.
The basic tools used in PSI are interviews, records check, and psychological evaluation and drug tests. All
information gathered is written in the PPA Form 3 or Post-Sentence Investigation Report (PSIR) submitted to
the court for disposition.

Courtesy Investigation

Full Blown Courtesy Investigation (FBCI)

1. Is a transient offender in a place of commission of the crime and/or a permanent resident of another place;
2. Has spent pre-adolescent and/or adolescent life in the province or city of origin;
3. Has attended and/or finished education therein; and
4. Have immediate family members and acquaintances who are residents of the place of origin.

Partial Courtesy Investigation (PCI) – It shall be used for petitioners who do not fall within the
purview of the FBCI and is conducted by another PPO.

NO RIGHT TO COUNSEL

The Probation Law has no provision guaranteeing the right to counsel in the investigation of a petitioner. The
constitutional guarantee of right to counsel will not apply because the investigation by the probation and parole
officer is neither prosecutory nor accusatory in character.

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence investigation report shall be “privileged” and could not be
used as evidence against any person, no matter how incriminating the information may be.

NO SUBPOENA POWERS

Probation and parole officers are not clothed with subpoena powers under the Probation Law. There is nothing
to prevent them, however, from requesting the court to issue subpoenas requiring the attendance of witnesses
in their investigations.

SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation and Parole Officer should submit his
report to the court, “not later than 60 days from receipt of the order of the court to conduct the investigation” .
The same period is merely directory, not mandatory, in the sense that an investigation report submitted after
60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history “shall be privilege and shall not be disclosed directly
or indirectly to anyone other than the Parole and Probation Administration or the court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to submit any comment or demand that
the court should consider the same.

HEARING NOT REQUIRED

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 There is nothing in the Probation Law which requires the court to set for hearing the investigation report or
the application for probation, although it may of course, in its discretion do so, preserving at all times however,
the confidentiality of the report.

The court is mandated to resolve the petition for probation not later than 15 days after receipt of the
investigation report. The period, however, seems to be merely directory, not mandatory.

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

Pending submission of investigation report and the resolution of the petition for probation, the defendant may
be allowed temporary liberty under his bail filed in the criminal case. In case no bail was filed or the defendant
is incapable of filing one, the court may allow the release of the defendant on recognizance to the custody of a
responsible member of the community who shall guarantee his appearance whenever required by the court.

GRANT OR DENIAL OF PROBATION

PROBATION DISCRETIONARY

Barring disqualified offenders, the grant or denial of probation is a matter of discretion on the part of the
court.

Probation shall be denied if the court finds that:

i.the offender is in need of correctional treatment that can be provided most effectively by his commitment to an
institution;
ii.there is an undue risk that during the period of probation, the offender will commit another crime; or
iii.Probation will depreciate the seriousness of the offense committed.

ISSUANCE OF PROBATION ORDER

A probation order shall take effect upon its issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense, he shall serve the penalty impose for the offense under which
he was placed for probation. In the event that violation of any of the conditions of probation is established, the
court need not revoke the probation; it has the discretion to revoke or continue the probation and modify the
conditions thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by the court. He should be allowed
to turn down the same grant especially since he might feel that the terms and conditions thereof are too onerous
for him.

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI MAY LIE

CIVIL LIABILITY NOT AFFECTED

Probation is a substitute for imprisonment (including subsidiary imprisonment in case of non-payment of fine)
and other criminal penalties, not a mode of discharging the civil liability, which is owed not to the State but to
the offended party.

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

Consistently with the concept and purpose of probation, the Decree applies only to offenders.

B. Offenders covered
The Decree declares “it shall apply to all offenders”.

C. Disqualified Offenders

Not all offenders, however, fall within its coverage:

1. sentenced to serve a maximum term of imprisonment of more than six years;

2. convicted of subversion or any crime against the national security or public order;
3. who have previously been convicted by final judgment of an offense punished by imprisonment
of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;
4. who have been once on probation under the provisions of this Decree; and
5. who are already serving sentence at the time the substantive provisions of this Decree became
applicable pursuant to Sec. 33 hereof;
6. It expressly excludes from its operation “those entitled to the benefits of PD 603, as amended
(otherwise known as the Child and Youth Welfare Code) and similar laws.

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 7. Even if the offender does not fall under the terms of the Child and Youth Welfare Code and the
“similar laws” just mentioned, he would not be entitled to the Benefits of the Decree if he has not been convicted
and sentenced.
8. An offender who is already serving sentence or is otherwise specifically disqualified under Sec.
9.
9. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which states, “any person found
guilty of any election offense under this code shall be punished with imprisonment of not less than 1 year but
not more than 6 years and shall not be subject to probation.
10. Sec. 9, PD 1987 (An Act creating the Videogram Regulatory Board, dated October 5, 1985)
states “The provisions of PD 968, as amended shall not apply in cases of violations of this Decree, including its
implementing rules and regulations.
11. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the violators of the law shall
not be entitled to the benefits of the Probation Law.
12. Violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Except sec 12, 14,17
and 70.
✓ SECTION 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs.
✓ SECTION 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social Gatherings or Meetings.
✓ SECTION 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
✓ SECTION 57. Probation and Community Service Under the Voluntary Submission Program.
✓ SECTION 70. Probation or Community Service for a First-Time Minor Offender In lieu of
Imprisonment.

A drug dependent who is discharged as rehabilitated by the DOH-accredited center through the voluntary
submission program but does not qualify for exemption from criminal liability under Section 55 of the Act may
be charged under the provisions of the Act, but shall be placed on probation and undergo community service
in lieu of imprisonment and/or fine in the discretion of the court , without prejudice to the outcome of any
pending case filed in court. Such drug dependent shall undergo community service as part of his/her after-care
and follow-up program, which may be done in coordination with non-government, civic organizations accredited
by the DSWD with the recommendation of the Board.

1. When the time for application for probation already lapsed.

WHEN THE COURT MUST DENY PROBATION

The court shall deny an application for probation whenever it finds that:

a. the offender is in need of correctional treatment that can be provided most effectively by his
commitment to an institution;
b. there is an undue risk that during the period of probation the offender will commit another crime; or
c.probation will depreciate the seriousness of the offense committed.

What will happen if the application for probation is denied?

The offender will be sent by the sentencing court to prison to serve his sentence.

How many times can one be granted probation?

Only once.
PERIOD OF PROBATION

a. The period of probation of a defendant sentenced to a term of imprisonment of not more than one
(1) year shall not exceed two (2) years, and in all other cases, said period shall not exceed six (6) years.
b. When the sentence imposes a fine only and the offender is made to serve a subsidiary imprisonment
in case of insolvency, the period of probation shall not be less than nor more than twice the total number of
days of subsidiary imprisonment as computed in the rate established in Art. 39 of the Revised Penal Code, as
amended.

CONDITIONS OF PROBATION

1. General or Mandatory Conditions

(a) Present himself to the probation (and parole) officer designated to undertake his supervision at such place
as may be specified in the order within 72 hours from receipt of said order;

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

2. Special or Discretionary Conditions

The court may also require the probationer to:

(a) cooperate with the program of supervision;

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 (b) meet his family responsibilities;
(c) devote himself to specific employment and not to change said employment without prior written approval
of the probation (and parole) officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and remain in a
specified institution, when required for the purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social worker to visit his home and place of
work;
(j) reside at premise approved by it and not to change his residence without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience

VIOLATION OF PROBATION CONDITION

1. Fact finding investigation - Based on reasonable cause reported by a reliable informant or on

his/her own findings, the SO concerned or the CPPO himself/herself shall conduct or require the SO to
immediately conduct a fact-finding investigation on any alleged or reported violation of probation condition(s)
to determine the veracity and truthfulness of the allegation.

Report: Violation of Condition. —After the completion of the fact- finding investigation, the SO shall
prepare a violation report thereon containing his/her findings and recommendations and submit the same
to the CPPO for review and approval.

Thereafter, said Probation Office shall file with the Trial Court a Violation Report (PPA Form 8),
containing its findings and recommendation, duly prepared and signed by the SO concerned and duly approved
by the CPPO for the court's resolution.

Arrest of Erring Probationer. — After having duly considered the nature and gravity of such reported
violation based on the submitted Report, the Trial Court may issue a warrant for the arrest of the
probationer for serious violation of his/her probation condition.

Hearing of the Violation of Probation. — Once arrested and detained, the probationer shall immediately be
brought before the Trial Court for a summary hearing of the violation charged.
The probationer shall have the right to be informed of the violation charged and to adduce evidence in
his/her favor.

The court shall not be bound by the technical rules of evidence, but may inform itself of all the facts which
are material and relevant to ascertain the veracity of the charge

The probationer may be admitted to bail pending such hearing. In such case, the provisions regarding
release on bail of persons charged with the crime or offense shall be applicable to probationers arrested under
this provision.

When can the Court Modify the Conditions for Probation?

At any time during supervision after summary hearing when the probationer violated any of its conditions
upon application by the probation officer or the probationer himself.

Note: Only the judge who heard and decided the case has the power to grant, deny, modify, revoke and
terminate probation.

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

A. Period of probation
The period of probation may either be shortened or made longer but not to exceed the period set in the law.

B. Conditions of probation
During the period of probation, the court may, upon application of either the probationer or the probation
officer, revise or modify the conditions of probation.

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

REVOCATION OF PROBATION

A. Concept of violation of probation

“A violation of probation shall be understood to mean any act or any commission on the part of the probationer
with respect to the terms and conditions specified in the probation order.

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 B. Arrest of the probationer
At any time during probation, the court may issue a warrant for the arrest of the probationer for violation of
any of the conditions of probation.

EARLY TERMINATION
Coverage.
The following probationers may be recommended for the early termination of their probation period:
a) Those who are suffering from serious physical and/or mental disability such as deaf mute, the lepers,
the crippled, the blind, the senile, the bedridden, and the like;
b) Those who do not need further supervision
Provided, That the probationers involved have already served one-third (1/3) of the imposed period of
probation: and provided further, that, in no case shall the actual supervision period be less than six (6) months.

d) Those who have:

(I) To travel abroad due to any of the following:

(1) An approved overseas job contract or any other similar documents;
(2) An approved application for scholarship, observation tour or study grant for a period not less than
six (6) months;
(3) An approved application for immigration; or
(4) An approved application to take the Bar and/or Board
Examinations.

(II) To render public service:

(1) Having been elected to any public office; or
(2) Having been appointed to any public office. Provided, however, That the probationers involved have
fully paid their civil liabilities, if any. And, that the probationers were not convicted for offenses involving moral
turpitude.

TERMINATION OF THE PROBATION SUPERVISION CASE

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

B. Other ways of terminating probation:

1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer

If fully terminated, the court will issue a TERMINATION ORDER

LEGAL EFFECTS OF FINAL DISCHARGE: TERMINATION ORDER (PD 968)

A. The final discharge of a probationer shall operate to restore to him all civil rights lost or suspended as a result
of his conviction and to fully discharge his liability for any fine imposed as to the crime or offense for which
probation was granted without prejudice to his civil liability. It is hereby understood that, the probationer's
political rights are not lost or suspended even during the probation period.

B. The probationer and the probation office shall be promptly furnished with copies of such final discharge or
Termination Order.

LEGAL EFFECTS OF FINAL DISCHARGE: TERMINATION ORDER (RA 10707)

A. Upon satisfactory compliance with the terms and conditions of probation, the probationer is entitled to a final
discharge from probation by the court. His/her final discharge shall operate to restore all civil and political rights
lost or suspended as a result of conviction, and to totally extinguish his/her criminal liability as to the
offense for which probation was granted.

B. The probationer and the probation office shall be promptly furnished with copies of such final discharge or
termination order.

Termination Report. — The Probation Office shall submit to the Trial Court a Probation Officer's Final Report
(PPA Form 9) five (5) days before the expiration of the period of probation (NEW)

Termination Report. - The City and Provincial Parole and Probation Office shall submit to the Trial Court a
Probation Officer’s Final Report (PPA Form 9) thirty (30) days before the expiration of the period of probation
(OLD)

CLOSING OF THE PROBATION CASE

(PPA Omnibus Rules on Probation Methods and Procedures)

Reckoning Period. — After actual receipt of the Termination Order finally discharging the probationer, the
Probation Office shall formally close the probation case and keep client's case file.

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 Mode. — Immediately after such closure of the probation case, the corresponding probation records shall be
archived, but not after the proper reporting is done.

THE PROBATION ADMINISTRATION

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

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

Assistant Probation Administrator. - There shall be an Assistant Probation Administrator who shall assist
the Administrator and perform such duties as may be assigned to him by the latter and as maybe provided by
law. In the absence of the Administrator, he shall act as head of the Administration. He shall be appointed by
the President of the Philippines and shall receive an annual salary of at least Thirty-Six Thousand Pesos.

REGIONAL PROBATION OFFICER AND ASSISTANT REGIONAL PROBATION

OFFICER

- APPOINTED BY THE PRESIDENT AND RECOMMENDED BY SECRETARY OF JUSTICE

PROVINCIAL AND CITY PROBATION OFFICER

– APPOINTED BY THE SECRETARY OF JUSTICE AND RECOMMENDED BY THE

ADMINISTRATOR

CONFIDENTIALITY OF RECORDS

The probation records may be found, firstly, in the court concerned. Secondly, in the office of the Chief
Probation and Parole Officer assigned in the city or province. Thirdly and fourthly, copies of these records are
being forwarded to the Regional Parole and Probation Office and the Parole and Probation Administration
(Central Office).

OUTSIDE TRAVEL (OLD)

a. A Probation Officer may authorize a probationer to travel outside his area of operational/territorial
jurisdiction for a period of more than ten (10) days but not exceeding thirty (30) days.
b. A Probationer who seeks to travel for up to thirty (30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least five (5) days before the intended travel schedule a Request
for Outside Travel (PPA Form 7) with said Office properly recommended by the Supervising Probation Officer
on case and approved by the CPPO.
c.If the requested outside travel is for more than thirty (30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for approval.
d. Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6)
months shall be considered as a courtesy supervision

OUTSIDE TRAVEL. (NEW)

a) The SO may authorize a probationer to travel outside his/her area of operation/territorial jurisdiction
for a period of not more than ten (10) days. However, if it exceeds 10 days but not more than thirty
(30) days, approval of the CPPO is required. Accordingly, a Request for Outside Travel (PPA Form 7) with said
Office, properly recommended by the SO, should be duly accomplished.
b) If the requested outside travel is for more than thirty (30) days said request shall be
recommended by the CPPO and submitted to the Trial Court for approval.
c)Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6) months
shall be considered as a courtesy supervision

SECTION 42. CHANGE OF RESIDENCE: TRANSFER OF SUPERVISION

A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or Provincial Parole and
Probation Office, citing the reason(s) therefore this request shall be submitted by the Supervising Probation
Office for the approval of the Trial Court

In the event of such approval, the supervision and control over the probationer shall be transferred to the
concerned Executive Judge of the RTC having jurisdiction and control over said probationer and under the
supervision of the City or Provincial Parole and Probation Office in the place to which he transferred.

ABSCONDING PETITIONER VS ABSCONDING PROBATIONER

Absconding petitioner – a convicted defendant whose application for probation has been given due course
by the court but fails to report to the probation office or cannot be located within a reasonable period of time.
Absconding probationer – a person whose probation was granted but failed to report for supervision or fails
to continue reporting for supervision or whose whereabouts are unknown for a reasonable period of time.

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 PROBATION AIDES (NOW PROBATION ASSISTANTS)

VOLUNTEER PROBATION ASSISTANTS (RA 10707)

Qualifications: —Volunteer Probation Assistant (VPA) must be:
A. Citizens of good repute and probity, who have the willingness, aptitude and capability to act as VPAs;
B. Preferably twenty- five (25) years old and above;
C. Preferably a resident of the same community as the client;
D. Willing to serve without compensation;
E. Capable to prepare reports;
F. No criminal conviction, however, former clients with exemplary behavior fit to be role models may be considered;
and
G. Of good health.

Caseload — VPAs shall supervise Eighty Percent (80%) of the clients. The maximum caseload of each VPA
shall be 5 clients (1:5).
Allowance — VPAs shall not receive any regular compensation except for reasonable transportation and meal
allowance for services rendered as VPA in handling supervision cases, as approved by the Department of Budget
and Management.
Appointment: Term of Office
A. Volunteer Probation Assistants shall be appointed by the Probation Administrator or through the
recommendation of the Regional Director endorsed by the CPPO/OIC within their respective areas of jurisdiction.
B. Volunteer Probation Assistants so appointed may hold office during good behavior for a term of two (2)
years, renewable at the end of each term as endorsed by the CPPO/OIC recommended by the Regional
Director to the Administrator.
C. The term of office shall commence on the date of his/her appointment.

CONTENTS OF AN INVESTIGATION ORDER:

The Investigation Order directs the Chief Probation and Parole Officer to:
• Conduct Post Sentence Investigation (PSI);
• Submit a Post Sentence Investigation Report (PSIR);
• Submit PSIR within (60) days

WHO MAY APPLY for PROBATION?

a.A convicted offender;
b. Sentenced to serve a maximum term of imprisonment of not more than six (6) years;
c. Not convicted of subversion, or any crime against national security;
d. Not previously convicted by final judgment of an offense punished by imprisonment of not less than
one (1) year and one (1) day and/or fine not less than P200.00;
e.Not having been on Probation under the provisions of PD 968;
f. Who is yet to serve his sentence at the time the substantive provisions of PD 968 became applicable.

WHEN TO APPLY?
After conviction and sentence, a convicted offender or his counsel may file a petition for probation.

WHERE TO APPLY?
The Presiding Judge of the sentencing court

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 Probation Investigation Process

Accused

Out from Jail (OJ) InsideJail (IJ)

Convicted Offender – Petitioner

Court (15 days to Act on Application for Probation)

Prosecutor (10 days for comment)

2 ways for temporary liberty

Bail Release on Recognizance (ROR)

Court
-referral (investigation order)

Parole and Probation Office (CPPO)

-Post Sentence Investigation (PSI)
-Post Sentence Investigation Report (PSIR)
-Submit within 60 days

Court

Deny Grant Withdrawn

Jail Probation Supervision Jail

(in the community)

Bail

• bail-jumping - the criminal offense of defaulting on one’s bail

• bailee - a person who receives personal property from another as a bailment
• bailer/bail agent/bail bondsman - one who provides bail as a surety for a criminal defendant’s release
• bail bond - a bond given to a court by a criminal defendant’s surety to guarantee that the defendant will
duly appear in court in the future and, if the defendant is jailed, to obtain the defendant’s release from
confinement
• bail commissioner - a judge empowered to hold an emergency hearing to set bail when a hearing cannot
be held during regular court hours
• excessive bail - bail that is unreasonably high considering both the offense with which the accused is charged
and the risk that the accused will not appear for trial
• personal recognizance - the release of a defendant in a criminal case in which the court takes the
defendant’s word that he or she will appear for a scheduled matter or when told to appear
• surety - a person who is primarily liable for the payment of another’s debt or the performance of another’s
obligation

RULE114
BAIL

SECTION 1. Bail defined. Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the conditions
hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or
recognizance.

Parole
A. Meaning of Parole
- It is a French word and is used in the sense of word of honor or promise. Thus, the implication is that the
released prisoner would give his honor and that he would abide by the terms of his conditional release.
✓ It refers to the conditional release of an offender from a correctional institution after he has served the
minimum of his prison sentence;

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 ✓ It is a procedure by which prisoners are selected for release on the basis of individual response and progress
within the correctional institution and a service by which they are provided with necessary control and guidance
as they serve the remainder of their sentence within the community

ACT NO. 4103

INDETERMINATE SENTENCE LAW
THE LAW ON PAROLE
as amended by Act No. 4225 and Republic Act No. 4203

Purpose

To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of liberty
and economic usefulness. Penalties shall not be standardized but fitted as far as possible to the individual, with
due regard to the imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109). Under
Section 5 of said Act, it is the duty of the Board of Pardons and Parole to look into the physical, mental and
moral record of prisoners who are eligible for parole and to determine the proper time of release of such
prisoners on parole.

PROBATION V.S. PAROLE

PROBATION PAROLE

GIVEN BY THE COURT GIVEN BY THE BPP

GIVEN AFTER CONVICTION GIVEN AFTER SERVING THE MINIMUM

SENTENCE

WITH MANDATORY CONDITIONS

SUPERVISED BY THE PPA

HISTORICAL ACCOUNTS

The first parole law was passed in Massachusetts in 1837. At about the same time, Alexander Maconochie
introduced a system whereby a prisoner was given a “ticket of leave “
(the equivalent of parole) after earning a certain required number of marks – known as the MARK SYSTEM.
From this, Maconochie gained the fame as FATHER of PAROLE.

Parole was also a feature of the Irish Prison system by Sir Walter Crofton which was established in 1856 based
on an indeterminate sentence & the mark system. The Elmira Reformatory by Zebulon Brockway likewise had
a limited form of indeterminate sentence and a method of marks similar to the Irish system and parole based
on marks.

PIONEERS OF PAROLE SYSTEM

ALEXANDER FATHER OF PAROLE (IN
MACONOCHIE AUSTRALIA)
Mark System
WALTER FOUNDER OF PAROLE IN
CROFTON IRELAND
Irish System
Progressive Mark System
ZEBULON FOUNDER OF PAROLE IN
BROCKWAY USA
Extensive Parole in USA
(Elmira Reformatory)
Coverage

1. General Rule: All persons convicted of certain crimes under Philippine courts.
2. Exceptions / Disqualified (Section 2), law will NOT apply to persons who are:
a) Convicted of offense punishable by death penalty or life imprisonment;
b) Convicted of treason, conspiracy or proposal to commit treason;
c) Convicted of misprision of treason, rebellion, sedition or espionage;
d) Convicted of piracy;
e) Who are habitual delinquents;
f)Election offenses;
g) Who escaped confinement or evaded sentence or violated the terms of a conditional pardon;
h) Whose maximum term of imprisonment (imposed) does not exceed one year;
i) Convicted of terrorism, plunder and transnational crimes;
j) Undergoing trial and appeal;
k) Whose penalty is suspension or destierro; and
l) Person already sentenced by final judgment at the time this Act was approved on December 5, 1933.

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 PRIORITIES IN GIVING PAROLE

a) Youth;
b) Aged;
c)Physical disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple or is bind or similar
disabilities;
d) Serious illness and other life-threatening disease as certified by a government physician;
e) Those prisoners recommended for the grant of executive clemency by the trial/appellate court as
stated in the decision; and
f) Alien prisoners where diplomatic considerations and amity between nations necessitate review.

An indeterminate sentence is a sentence imposed for a crime that is not given a definite duration.

In addition, ACT 4103 provides for the creation of the Board of Pardons and Parole, or the Board of
Indeterminate Sentence provided in Section 3 of the said Act, tasked to look into the physical, mental and moral
record of the prisoners who are eligible to parole and to determine the proper time of release of such prisoners.

The court must, instead of a single fixed penalty, determine two penalties, referred to in the Indeterminate
Sentence Act as the ‘maximum’ and ‘minimum’ terms.

It is indeterminate in the sense that “after serving the minimum”, the convict may be released on parole, or if
he is not fitted for release, he shall continue serving his sentence until the end of the maximum. It is the fixing
of the minimum and maximum terms which generates a lot of confusion and is the constant source of error of
some judges.

The act should be applied in imposing a prison sentence for a crime punishable either by special law or by the
Revised Penal Code. Under Section 1 of Act No. 4103, as amended by Act No. 4225, if the offense is punished
by special law, the court shall sentence the accused to an indeterminate penalty, the maximum term of which
shall not exceed the maximum fixed by said law and the minimum term shall not be less than the minimum
prescribed by the same. If the offense is punished by the Revised Penal Code, the court shall sentence the
accused to an indeterminate penalty, the maximum term of which shall be the penalty imposable under the
same Code after considering the attending mitigating and/or aggravating circumstances according to Article 64
of the said Code. The minimum term of the same shall be within the range of the penalty next lower to that
prescribed by the Code for the offense.

BOARD OF PARDONS AND PAROLE

✓ The Board of Pardons and Parole was created pursuant to Act No. 4103, as amended. It is the intent of the
law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty.
✓ It grants parole and recommends to the President the grant of any form of executive clemency to deserving
prisoners or individuals.
✓ It reviews reports submitted by the Parole and Probation Administration (PPA) and make necessary decisions
✓ It is a functional unit under the Department of Justice.

MEMBERS OF THE BPP

Secretary of Justice who shall be its Ex-officio Chairman

Members:
a) Sociologist;
b) clergyman or educator;
c)Psychiatrist;
d) trained and experienced person;
e) a member of the Philippine BAR.
Ex-Officio Member – Administrator of the PPA
✓ At least one member of the board shall be a woman
✓ Appointed by the President for 6 years

BOARD OF PARDONS AND PAROLE VS PAROLE AND PROBATION ADMINISTRATION

BPP PPA
UNDER THE DEPARTMENT OF JUSTICE
HEADED BY A CHAIRMAN (SEC DOJ) HEADED BY AN ADMINISTRATOR
READ THE REPORTS OF PPA CONDUCTS PSI & SUPERVISION
APPROVES & REVOKES PAROLE SUBMITS REPORT TO COURT AND BPP
RECOMMENDS EXECUTIVE CLEMENCIES TO RECOMMENDS THE REVOCATION OF PAROLE
THE PRESIDENT AND PROBATION
RECOMMENDS THE REVOCATION OF CENTRAL OFFICE FOR PPO’S
PARDON

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 WHAT DOCUMENT IS NECESSARY FOR AN INMATE TO BE RELEASED ON PAROLE?

“RELEASE DOCUMENT / DISCHARGE ON PAROLE”

HOW LONG WILL BE THE PAROLE SUPERVISION?

The period of parole supervision shall extend up to the expiration of the maximum sentence which should
appear in the Release Document subject to the provisions of Section 6 of Act No. 4103 with respect to the early
grant of Final Release and Discharge.

TRANSFER OF RESIDENCE

A client may not transfer from the place of residence designated in his Release Document without the prior
written approval of the Regional Director subject to the confirmation by the Board.

OUTSIDE TRAVEL

A Chief Probation and Parole Officer may authorize a client to travel outside his area of operational jurisdiction
for a period of not more than thirty (30) days. A travel for more than 30 days shall be approved by the Regional
Director.

TRAVEL ABROAD AND/OR WORK ABROAD

Any parolee or pardonee under active supervision/surveillance who has no pending criminal case in any court
may apply for overseas work or travel abroad . However, such application for travel abroad shall be approved
by the Administrator and confirmed by the Board.

WHAT IF THE PAROLEE VIOLATED THE CONDITIONS OF PAROLE?

1.The PPO shall produce a progress report.

2.The PPO afterwards shall submit an infraction report to the Board of Pardons and Parole.
3.Upon receipt of an infraction report, the Board may ORDER THE ARREST OR RECOMMITMENT (OAR) of the
client; and
4.The Board may recommend the cancellation of the pardon or cancel the grant of parole.

EFFECT OF RECOMMITMENT OF CLIENT

The client who is recommitted to prison by the Board shall be made to serve the remaining unexpired portion
of the maximum sentence for which he was originally committed to prison.

Parole Probation
Continue the remaining maximum sentence Serve the original sentence in full

TERMINATION / COMPLETION OF PAROLE AND CONDITIONAL PARDON SUPERVISION

After the expiration of the maximum sentence of a client, the Board shall, upon the recommendation of the
Chief Probation and Parole Officer that the client has substantially complied with all the conditions of his
parole/pardon, issue a CERTIFICATE OF FINAL RELEASE AND DISCHARGE (CFRD) to a parolee or pardonee.
However, even before the expiration of maximum sentence and upon the recommendation of the Chief
Probation and Parole Officer, the Board may issue a certificate of Final Release and Discharge to a
parolee/pardonee pursuant to the provisions of Section 6 of Act No. 4103, as amended.

WHAT IS THE DOCUMENT REQUIRED BEFORE THE ISSUANCE OF THE CFRD?

“SUMMARY REPORT” - It refers to the final report submitted by the Probation and Parole Officer on his
supervision of a parolee/pardonee as basis for the latter’s final release and discharge.

WHAT IS THE EFFECT OF CERTIFICATE OF FINAL RELEASE AND DISCHARGE?

Upon the issuance of a Certificate of Final Release and Discharge, the parolee/pardonee shall be finally released
and discharged from the conditions appearing in his release document. However, the accessory penalties of the
law which have not been expressly remitted therein shall subsist.

Historical Background of Parole:

Parole as a penal practice is part of the reformatory idea which originated in the dim historical part in
Europe. Among the practices in the 17 th and 18th centuries wasthe conditional pardon granted to indentured
servants transported to the American colonies.

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 Names to Remember in the History of Parole
1.Capt. Alexander Maconochie – (England) became the Governor/ Supt. of Norfolk Island, a penal colony in the
east of Australia and initiated the famous “Mark System”.
2.Sir Walter Crofton - remedied and perfected the failure and drawbacks in the Mark System. He introduced the
Irish System and was appointed as the Director of Irish Prison System.
3.Dr. S.G. Howe of Boston - first man to use the word “parole”, he used the word in a letter to a prison
Association of New York in 1869, after some American Prison Reformers who observed that the Irish Prison
System paved the way for the approval of the law creating Elmira Reformatory.
4.Zebulon R. Brockway- Superintendent of Elmira Reformatory, compulsorily developed parole which soon
spread to other states in the U.S.A.

Parole in the Philippines

Act. 4103- Otherwise known as the “Indeterminate Sentence law”

(Took effect on December 5, 1933)
Board of Indeterminate Sentence

Amended Executive Order 83, series of 1937

-Gave the Board the authority to advice the Chief executive on the course or courses of action to take on
petitions for executive clemencies.
- It renamed the Board of Indeterminate Sentence to
BOARD OF PARDONS

Amended by Executive Order 94, otherwise known as

“The Reorganization Law of 1947”
which abolished the Board of Pardons and created the
Board of Pardons and Parole

Constitutional and Statutory Mandate

The Board is the administrative arm of the President of the Philippines in the exercise of the constitutional
power to grant, except in cases of impeachment, pardon, reprieve and amnesty after conviction by final
judgment.

The Indeterminate Sentence Law of 1933 was further amended by RA 4203 which provided the qualifications,
term of office, composition and compensation of the Board members on June 19, 1965.

BPP Resolution No. 229 dated April 2, 1991 “Authority of Regional Probation and Parole Officers”
to conduct Pre-Parole Investigation.

The Board resolved as it is hereby resolved, to authorize the parole and probation administration to conduct
Pre- Parole and Executive Clemency of Investigation of provincial and national prisoners confined in city and
provincial jails, the national penitentiary and penal colonies and to submit a report of said investigation sixty
days before the expiration of the minimum sentence of the prisoner concerned.

Likewise, by virtue of the Executive Order No. 292 on November 23, 1989, Probation Administration was
renamed Parole and Probation Administration.

Parole Investigation Process

Process starts upon receipt of the Board of Prison and records and CARPETA of national prisoners, (confirmed
in national penal farms and colonies) from the Director of Prisons.

The Director of Prisons has the responsibility to forward the document to the Board of Pardons and Parole,
30 days before the expiration of the prisoner’s minimum sentence.

The Municipal, City, District and Provincial Jail Wardens have the obligation to transmit to the Director of
Prisons all pertinent records of prisoners in jails 30 days before the expiration of such prisoner’s minimum
sentence. The Director of Prisons shall submit to the Board for its consideration within 15 days after receipt of
aforestated records.

At any time, prisoners or any person in their behalf can file a petition for parole and executive clemency in
view of the fact that NOT ALL prison records and Carpetas of qualified national, provincial, district, municipal
and city prisoners are transmitted to the concerned authorities within the reglementary period.

If the petitioner’s application is considered, the Board will issue a Referral, requesting the Parole and Probation
Administration to conduct the following within 30 days upon receipt thereof:
a.Conduct pre-parole investigation
b. Submit pre-parole investigation report

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 Upon receipt of said reports, the Board shall assess and determines whether the petitioner is qualified for parole.
If the offender deserves to enjoy the benefits of being placed on parole.

“Release Document” or specifically known as “Discharge on Parole” will be issued for prisoner’s temporary
liberty.

Petition for Parole/Executive Clemency filed by convicted aliens who are serving sentence in the Philippines
are referred for comment and recommendation to the Secretary of Foreign Affairs who shall determine in so far
as it is valid and legitimate the grant of executive clemency to a foreigner should be done. The basis of its
approval shall be “Quid Pro Quo” or “something to something”.

The Board can always act on the cases of a national prisoner regardless of where he is confined. However, if
still confined in Municipal, City, District and Provincial jails, the warden shall issue a certification that the
continued confinement of the prisoner in his jail is beyond his or prisoner’s control.

♦Take note that the Board does not take action on prisoners who have pending cases in court.

Duties of the Board:

a. Look into the physical, mental and moral record of prisoners who are eligible for parole and
determines the prescriptive period of their release;
b. Publication of names of Prisoners being considered for parole;
c. Notify the offended party;
d. Review cases of prisoners eligible for parole or executive clemency; and
e. Issue referral to the Parole and Probation Administration.

Eligibility for Review:

Prisoner’s case is eligible for review if:
1.His conviction is final and executory;
2.He has served the minimum period of the sentence imposed upon him.

Disqualifications:
Prisoners are disqualified to be on parole if:
1.Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
2.They were convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion,
sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters;
3.They are habitual delinquents;
4.They escaped from confinement or evaded sentence;
5.They have been on conditional pardon and had violated any of the conditions imposed by the Board;
6.Their sentences do not exceed 1 year or those with definite sentence;
7.They are suffering from any mental disorder as proven by a government psychiatrist or psychologist accredited
by the Department of Health; or
8.They have pending criminal cases.

Parole Investigation Process

Director of Prisons
(Forward Carpeta and Prison Records)

Board

Referral

P.P.A.
-Conduct Pre-Parole Investigation (PPI)
-Submit Pre-Parole/Investigation Report (PPIR)
-Thirty days investigation period

Board

Grant Denied

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 Discharge on Parole Serve the Sentence

Temporary Liberty
-will be placed under Parole Conditions

Parole Supervision Process:

Starts upon the issuance of the “DISCHARGE ON PAROLE” or otherwise known as the “RELEASE
DOCUMENT” from the Board of Pardons and Parole.

Should a prisoner be released because of PAROLE, he will be called a PAROLEE. However, if he will be
placed under CONDITIONAL PARDON, he will be called PARDONEE. Whether a parolee or pardonee, both
will be considered as “CLIENTS”. They will be under the supervision and shall abide with the conditions stated
in their release document.
The mandatory parole conditions:

a.To report to the probation office within 45 days;

b. To report at least once a month for those who are residing outside Metro Manila/to report at least
twice a month for those who are residing within Metro Manila

Substantial compliance during parole supervision would result in the submission of summary report by the
supervising Probation and Parole Officer. In effect, upon evaluation, the board may resolve to issue a
CERTIFICATE OF FINAL RELEASE AND DISCHARGE (FRD) for the absolute freedom of the client.

On the contrary, if the client failed to comply with his any of his parole conditions stated in his discharge on
parole, the supervising Probation and Parole Office may submit a Progress, Infraction or violation Report with
recommendation to issue an ORDER OF ARREST AND RECOMMITMENT (OAR). In this regard; the Board
may grant the same which may result to re-incarceration of the client.

Parole Supervision Process

Board

Release Document (Discharge on Parole)

Director of Corrections or Warden of the Jail

Certificate of Release of the Prisoner

Probation and Parole Officer

Parole Supervision

Client (Parolee/ Pardonee)

Conditions

Complied Do not comply

Summary Report Reports

1. Progress Report
2. Infraction Report
3. Violation Report

Certificate of final release Order of Arrest and Recommitment

Absolute Freedom Prison

-serve the remaining portion of the
maximum sentence to which he has originally
committed to prison

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 SALIENT POINTS OF RA 10592
PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT
1. Full time credit allowance for preventive imprisonment

➢ If the inmate agrees to the rules in writing that he will be treated as like a regular convicted inmate (inmate’s
manifestation).
➢ If didn’t agree to abide with the rules, the inmates will be given 4/5 of the credit

Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal,
if the same is under review.

In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be released after
thirty (30) days of preventive imprisonment."

MODE OF EARLY RELEASE

RA 6127 also known as The Full Time Credit

"If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment."
Section 2. This act shall take effect upon its approval.
Approved: June 17, 1970
Good Conduct Time Allowance

Whenever lawfully justified, the Director of Prison grants allowances for good conduct. Such allowance once
granted shall not be revoked.
a. Authority to grant time allowance for good conduct is exclusively vested in the Director of Prison. (provincial
warden cannot usurp Directors's authority);
b. It is not an automatic right and once granted, cannot be revoked by the Director of Prison. ( Article 99,
Revised Penal Code)

Grant of Good Conduct Time Allowance

a. The Director of Correction shall grant allowances for good conduct. Such allowances once granted shall not
be revoked.
b. The allowance for good conduct shall be granted equally and uniformly to prisoners with good behavior and
without adverse records of branches of discipline or violation of prison rules and regulations that are recorded
in their prison carpetas or file jackets.
To be deducted Good Conduct and Time Allowance (GCTA) from sentence as long as there are no
infractions warranting non-deduction under the law.

The Director of Corrections may grant GCTA to an inmate for good behavior with no record of disciplinary
infraction or violation of prison rules and regulations. GCTA is the statutory reduction of a prisoner's sentence
for good behavior during confinement under Article 97 of the Revised Penal Code. This is automatically applied
to all prisoners as long as he does not commit violations of prison rules and regulations. GCTA is a kind of right
that can only be denied if the prisoner breaks the rules and only after due process is observed.

Good conduct entitles the inmate to the following deductions from his sentence

•During the first two (2) years of imprisonment, he shall be allowed a deduction of five (5) days for each month
of good behavior;
• During the third (3rd) to fifth year(5th), inclusive, of imprisonment, he shall be allowed a deduction of eight
(8) days for each month of good behavior;
•During the following years until the tenth (10th) year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten (10) days for each month of good behavior; and
•During the eleventh (11th) and successive years of his imprisonment, he shall be allowed a deduction of fifteen
(15) days for each month of good behavior.
-Allowance for good conduct is not applicable when the prisoner is release under conditional pardon.
-Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving his
sentence. (Article 97, Revised Penal Code)

GOOD CONDUCT TIME ALLOWANCE

OLD GCTA LAW ART 97. RPC

1) 1st 2 year – 5 days per month
2) 3rd – 5th year – 8 days per month
3) 6th – 10th year – 10 days per month
4) 11th – succeeding years – 15 days per month

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 Granted only by the director of BUCOR to a convicted inmate & cannot be applied in BJMP.

Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a prisoner has
been classified as trusty or penal colonists, he is given an additional 5 days’ time allowance for every
month of service. A prisoner serving life sentence has his sentence automatically reduced to 30 years of
imprisonment upon attaining the classification of trusty or penal colonists

The abovementioned privilege will not apply if,

✓ When they are recidivists, or have been convicted previously twice or more times of any crime; and
✓ When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

NEW GOOD CONDUCT TIME ALLOWANCE

(RA 10592)
1.1st to 2nd year – 20 days / month
2.3rd to 5th year – 23 days / month
3.6th to 10th year – 25 days / month
4.11th up – 30 days / month
5.-15 days / month for study and mentoring

May be granted by the Director of BJMP, Director of BuCor and Provincial, City and Municipal Jail
Wardens and can now be granted even to a detainee while undergoing trial.

DISQUALIFIED FOR GCTA

✓ Recidivist, quasi-recidivist and habitual delinquents

✓ Failed to surrender voluntarily after being summoned to the execution of the sentence

1. SPECIAL TIME ALLOWANCE FOR LOYALTY (STAL)

ART. 98 – deduction of 1/5 if the convict voluntarily surrendered within 48 hours after the declaration of passing
of calamities or conflagration or even man-made crisis.
Art 158 – Evasion of Service of Sentence due to failure to return within 48 hours after passing of calamity or
disorder. Surrendered after 48 hours shall also be charged with Art. 158 but must be given the mitigating
circumstance of voluntary surrender.
RA 10592 – deduction of 2/5 if the inmate stayed while disaster is present.
"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."

OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS

EXECUTIVE CLEMENCY

- collective term for absolute pardon, conditional pardon, reprieve, amnesty and commutation of sentence
HOW TO APPLY FOR EXECUTIVE CLEMENCY?

A formal petition for executive clemency addressed as follows shall be submitted to the Board before the
question of said clemency will be considered.

“The President of the Philippines

Thru: The Chairman
Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue, Diliman, Quezon City”

PARDON

✓ It is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment that the law inflicts for a crime
he has committed. Pardoning power is exercised by the President.

It is a form of executive clemency which is exercised by the Chief Executive. It is an act of grace and the
recipient of pardon is not entitled to it as a matter of right. The exercise of pardon is vested in the Executive,
is discretionary and is not subject to review by the courts. Neither does the Legislative Branch of the government
hs the right to establish conditions nor provide procedures for the exercise of clemency.

History of Pardon

The exercise of the pardoning power has always been vested in the hands of the executive branch of the
government, whether King, Queen, President or Governor. Pardon dates back to the pre-Christian era. In fact,
the Bible contains an illusion where a criminal was released and pardoned by the King at the time Christ was
crucified.

In England, pardon was developed out of the conflict between the King and the Nobles who threatened their
powers. Pardon was applied to members of the Royal family who committed crimes and occasionally to those
convicted of offenses against the royal power. It was the general view that the pardoning power was the

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 exclusive prerogative of the King. In England today the power to extend pardon is vested in the Queen upon
advice of the Minister of the Interior.

In the United States, pardoning among the early American colonists was a carry-over of the English practice.
The pardoning power was exercised by the Royal governor through the power delegated by the King. After the
declaration of Independence, the Federal and State constitutions vested the pardoning power on the President
of the United States and the Governor in federal and state cases, respectively.

In the Philippines, the Jone’s Law Section 21 stated that “the Governor General of the Philippine Islands
is vested with the power to grant pardons and reprieves and remit fines and forfeiture”. The pardoning power
was vested in the Prime Minister by Article IX, Section 14 of the Philippine Constitution which states:

“The Prime Minister shall have the power to grant reprieves, commutations, and pardons, and remit fine and
forfeitures, after convictions for all offenses, except cases of impeachment, upon such conditions and with such
restrictions and limitations as he may deem proper to impose. He shall have the power to grant amnesty with
the concurrence of the Congress.”

GENERAL TYPES OF PARDON

1. Special Pardon – Pardon given to a single individual.

2. General Pardon - pardon given to classes or group of people.

KINDS OF PARDON

ABSOLUTE PARDON - the extinction of the criminal liability of the individual to whom it is granted without
any condition and restores to the individual his civil rights.

The purposes of this kind of pardon are-

A. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE.

Under the present method of judicial procedure justice is not guaranteed. It is possible to convict innocent
person as it is possible for criminals to escape the hands of justice. When an innocent convict has no more
recourse through courts, the remedy is absolute pardon. The power of the President to pardon offenders on
the grounds of innocence is rarely exercised because the criminal procedures are liberal in granting a new trial
in case of an offender has no more legal remedy will pardon of this nature be given. If so exercised, absolute
pardon is granted after an exhaustive investigation is conducted and upon recommendation of the Secretary of
Justice.

a. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT PHILOSOPHY, CONCEPT OR PRACTICE

OF CRIMINAL JUSTICE ADMINISTRATION.

A criminal act, because of changing scheme of social values, may become non-criminal at a later date. Therefore,
persons serving imprisonment at the time of the repeal of the law abolishing the crime may be extended absolute
pardon. For example, a person serving imprisonment for black-marketing of gasoline when this commodity was
rationed may, after the repeal of the law on black-marketing be extended absolute pardon.

b. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS WHO HAVE ALREADY SERVED
THEIR SENTENCE AND HAVE WAITED THE PRESCRIBED PERIOD.

The greatest number of applications for absolute pardon come from ex-prisoners who desire to be restored
their political and civil rights. In the Philippines, the Office of the President laid down the policy to grant absolute
pardon to ex-prisoners ten years from the date of their release from prison. Recently the policy was relaxed,
thereby shortening the waiting period of five years. The waiting period is required to give the offender an
opportunity to demonstrate that he has established a new pattern of conduct.

CRISTOBAL VS LABRADOR

The case where the Supreme Court laid down the doctrine that Absolute Pardon removes all that is left of
the consequences of conviction and that it is absolute in so far it restores the pardonee his full civil political
rights.

1) CONDITIONAL PARDON

The extinction of the criminal liability of an individual, within certain limits or conditions, from the punishment
which the law inflicts for the offense he has committed.

Conditional Pardon serves the purpose of releasing, through executive clemency, a prisoner who is already
reformed or rehabilitated but who cannot be paroled because the parole law does not apply to him. Thus, a

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 prisoner serving a determinate sentence or life imprisonment is excluded from the benefits of the parole law.
However, when this prisoner has already been reformed, he may be released on conditional pardon.

EFFECTS OF PARDON

1) It removes penalties and disabilities and restores full civil and political rights;
2) It does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong;
3) It does not restore offices, property or rights vested in others in consequence of the
conviction. Under our law, a pardon shall not work the restoration of the right to hold public office or the
right of suffrage unless such rights be expressly restored by the terms of the pardon.

LIMITATIONS /DISQUALIFICATION UPON THE PARDONING POWER

1) It may not be exercised in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil and legislative contempt;
4) In case of violation of election law or rules and regulations, no pardon, parole or suspension of
sentence may be granted without the recommendation of the Commission on Elections;
5) It may not be exercised during pendency of case or trial or during appeal
6) Violation of Art. 157 – evasion of service of sentence for 1 year from the time of recommitment;
and
7) It cannot be exercised in cases of violations of tax laws.

It is an elementary principle in political law that pardon can only be given after final conviction. Cases pending
trial or on appeal are still within the exclusive jurisdiction of the courts; hence, pursuant to the theory of
separation of powers, the Chief Executive has no jurisdiction over the accused.

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a
period of one (1) year from the date or their last recommitment to prison or conviction for evasion of
service of sentence

ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half (1/2) of the minimum of his indeterminate sentence or the following
portions of his prison sentence:
- at least two (2) years of the minimum sentence if convicted of Murder or Parricide but not sentenced to
Reclusion Perpetua;
- at least one (1) year of the minimum sentence if convicted of Homicide;
- at least nine (9) months if convicted of Frustrated Homicide; and
- at least six (6) months if convicted of Attempted Homicide.

Nature of Conditional Pardon

Conditional pardon is in the nature of a contract, so that it must first be accepted by the recipient before it takes
effect. The pardonee is under obligation to comply strictly with the conditions imposed therein; otherwise, his
non-compliance will result to the revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of the
conditions of his pardon, he will be prosecuted criminally as a pardon violator. Upon conviction, the accused will
be sentenced to serve an imprisonment of prison correctional. However, if the penalty remitted by the granting
of such pardon be higher than six years, the pardonee will be made to serve the unexpired portion of his original
sentence. (Art. 159, RPC)

How Conditional Pardon is given

Conditional Pardon may be commenced by a petition filed by the prisoner, his family or relative, or upon
the recommendation of the prison authorities. The petition or request is processed by the Board of
Pardons and Parole. The Board shall determine if the prisoner has served a sufficient portion of his sentence;
his release is not inimical to the interest of the community; and that there is likelihood that the offender will not
become a public charge and will not recidivate in crime. If all these factors are favorable, then the Board will
endorse the petition favorably to the President . If the case is premature, the petitioner is so informed.

SOME GUIDES IN PARDON SELECTION

IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON CONDITIONAL PARDON, THE

FOLLOWING POINTS SHALL BE CONSIDERED AS GUIDES:
a.The political, organizational or religious affiliation of the prisoner should be disregarded.
b. Due regard should be given to the attitude of the people in the community from which he was
sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison – social, economic, psychological
and emotional backgrounds – should be carefully investigated.

CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.

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 The purpose of conditional pardon and parole is the same – the release of a prisoner who is already
reformed in order that he can continue to serve his sentence outside of the institution, thus giving him the
opportunity to gradually assume the responsibilities of a free man. Both releases are subject to the same
set of conditions will subject the parolee or pardonee to be recommitted to prison. The only
difference between the two is the granting authority. In parole the granting authority is the Board of
Pardons and Parole, while in conditional pardon, the granting authority is the President .

CONDITIONS OF PARDON

In the Philippines, the pardonee is given the same set of rules or conditions as the parolee. Among the
conditions usually imposed on pardonees and parolees are the following:

a. That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the Board of Pardons and Parole. If the parolee or
pardonee leaves the parole jurisdiction temporarily, he needs not get the permission of the Board, although he
may so inform his parole officer (Municipal Judge) of his whereabouts.

b. That he shall report to the Municipal Judge (of the town where he will reside) or to such officer as
may be designated by the Executive Officer of the Board of Pardons and Parole during the first year once a
month and, thereafter, once every two months or as often as he may be required by said officer.

c.That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons of
disreputable or harmful character.

d. That he shall permit the Provincial Commander, Philippine Constabulary or any officer designated by
the Executive Officer of the Board to visit him at reasonable times at his place of abode or elsewhere and shall
truthfully answer any reasonable inquiries concerning his conduct or conditions.

e. That he shall not commit any crime and shall conduct himself in an orderly manner.

f. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in payment of the
indemnity imposed upon him.

g. That he shall comply with such orders as the Board or its Executive Officer may from time to time
make.

ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.

There are certain safeguards, however, against the abuse of the pardoning power. First is the constitutional
provision that the President may be impeached for a willful violation of the Constitution. This is enough
deterrent for the Chief Executive to abuse this power. Second, is the policy of the Office of the Chief Executive,
ever since the time of the American Governors General, to approve pardon cases which are favorably
recommended by the Board of Pardons and Parole. Although this policy does not wholly bind the
President, seldom, if ever, has it been disregarded.

COMMUTATION OF SENTENCE

- Reduction or lowering, shortening of sentence

- an executive clemency changing a heavier sentence to a less serious one, or a longer prison term to a shorter
one
- granted by the president with the recommendation of the BPP
- granted after conviction but do not erase the fact of conviction of the person
- granted with condition of maintaining good behavior

ELIGIBILITY FOR COMMUTATION OF SENTENCE

1.the prisoner shall have served at least one- third (1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of his indeterminate and/or definite sentences.
2.at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life imprisonment for crimes or
offenses committed before January 1, 1994.

3. at least twelve (12) years for prisoners whose sentences were adjusted to a definite prison term of forty
(40) years in accordance with the provisions of Article 70 of the Revised Penal Code, as amended.
4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined in Republic Act No. 7659 and
other special laws committed on or after January 1, 1994 and sentenced to one or more Reclusion Perpetua or
Life imprisonment.
5. at least twenty (20) years in case of one (1) or more Death penalty/penalties, which was/were automatically
reduced or commuted to one (1) or more Reclusion Perpetua or Life imprisonment;

“Reprieve” refers to the deferment of the implementation of the sentence for an interval of time; it does
not annul the sentence but merely postpones or suspends its execution . The postponement /
withholding or temporary stay of the execution of a death sentence

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 Reprieve is a temporary stay of the execution of the sentence . Like pardon, the President can only
exercise reprieve when the sentence has become final. Generally, reprieve is extended to death penalty
prisoners. The date of the execution of sentence is set back several days to enable the Chief Executive to study
the petition of the condemned man for commutation of sentence or pardon.

WHEN A DEATH SENTENCE MAY BE SUSPENDED?

Death sentence shall be suspended when the accused is:

1.A woman, while pregnant;

2.A woman, within one year after delivery;
3.Person over 70 years of age.
4.The suspension of the execution of the sentence as regards a person over 70 years old is necessary to give
the President time to act because only the President can reduce the sentence.
5.In cases wherein, a convicted prisoner became insane before the actual date of execution.

AMNESTY

- an act of the sovereign power granting oblivion or general pardon for a past offense usually granted in
favor of certain classes of persons who have committed crimes of a political character, such as treason,
sedition or rebellion
- Also known as General Pardon or Blanket Pardon
-
DISQUALIFICATION FOR AMNESTY

1. Proclamation No. 75 made clear that the amnesty "shall not cover rape, acts of torture, crimes
against chastity and other crimes committed for personal ends."

Rules, procedures, and further requirements to implement Proclamation No. 75 were contained in Circular No.
1 of the DND Amnesty Committee.

It included a condition where the applicant should have an " express admission" of participation and guilt,
and a "recantation of all previous statements" that are not consistent with the admission.

2. Cannot also be granted in cases of impeachment

3. Cannot be applied to cases of violation of election laws without favorable recommendation from the
COMELEC
4. Cannot be granted in cases of RA 9745 or anti torture law.
5. Cannot be extended to cases of civil and legislative contempt.

EFFECTS OF AMNESTY

Looks Backward: Extinguishes Criminal Liability

- Amnesty totally extinguishes criminal liability and produces total oblivion.

1. Restore Civil and Political Rights

- Amnesty restores all the civil and political rights lost due to criminal and other actions or proceedings as a
product of conviction.

PROCESS OF GRANT OF AMNESTY

1. Proclamation of the president granting amnesty, specifying the crime committed and specific
names of individual(s) that can avail amnesty
2. Concurrence of majority of the members of Congress
3. Application of the beneficiaries
4. Admission of Guilt
5. Review by the ad hoc committee for qualification
6. Referral clearance by the ad hoc committee to DND if the crime is against national security and to
COMELEC if against election laws for recommendation
7. Decision of the Ad Hoc Committee to grant amnesty

EXECUTIVE CLEMENCY INVESTIGATION PROCESS:

Upon referral from the Office of the President or upon petition of the prisoner, the Board may act on his case.
A formal petition may be submitted to the Board and should be addressed to:

The President of the Philippines

Through the Chairman
Board of Pardons and Parole
Quezon City

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 Under the Rules and Regulations of Board of Pardons and Parole, “The Board may, however, motu propio,
consider cases for commutation of sentence or the conditional pardon of deserving prisoners whenever the
interest of justice will be served thereby”
Petition for Absolute or Conditional Pardon shall be indorsed to the Board by the Secretary of the National
Defense if the crime committed by the prisoner is a crime against national security. However, if it is a violation
against any of the crimes stated in the Omnibus Election Code or any of its rules and regulations, then favorable
endorsement shall be done by Commission on Election.

The guidelines for recommending Executive Clemency

The President has the power to grant Executive Clemency. The Board of Pardons and Parole acts on the cases
of prisoners upon his application or referral by the Office of the President.
The following Extra Ordinary Circumstances shall be considered in the grant of Executive Clemency (E.C): (BPP
Manual 2006)
1. Recommendation granting Executive Clemency for the prisoners given by the trial court or appellate court;
2. Penalty imposed is too harsh compared to the crime committed by the prisoner;
3. Presence of evidence which would have justified an acquittal of the accused which was not considered by
the court even before his/her conviction;
4. Prisoners who are more than nine (9) years but lower than eighteen (18) years at the time of the
commission of the offense;
5. Prisoners who are seventy (70) years old and above and have serve at least five (5) years of their sentences
or whose continued imprisonment would be harmful to their physical conditions.

Other Circumstances:
1. Prisoner is suffering from severe physical disability
according to a certified physician accredited by the Department of Health;

Petition for Executive Clemency may be reviewed only if the petitioner meets the minimum requirements as
stated in the Manual of the Board of Pardon and Parole.

DISQUALIFICATIONS:

Prisoners shall not be granted Executive Clemency if:

1. They had been on conditional pardon and violated any of its conditions;
2. They are recidivist;
3. They were convicted of evasion of service of sentence, kidnapping for ransom, violation of RA 9165
except those convicted of the use and or possession of prohibited or regulated drugs, offenses committed under
influence of drugs;
4. Their release would be a risk to the community; and
5. They are suffering from insanity.

Who may apply?

- A prisoner: not eligible for Parole
- Who has not been sentenced to another prison term within one (1)
year from the date of his last recommitment to the jail or prison from where he escaped;
- Who has not violated any condition of his discharge on parole or conditional pardon;
- Who is not suffering from mental illness or disorders certified by a government psychiatrist.

When to apply?
- Commutation of sentence- once the prisoner has served at least 1/3 of the minimum of his indeterminate
sentence;
- Conditional Pardon- once the prisoner served ½ of the minimum of his indeterminate sentence;
- Absolute Pardon- Ten (10) years must have elapsed from the date of the petitioner’s release from
confinement, or five (5) years from the expiration of his maximum sentence, whichever is more beneficial to
him.

Where to apply?
- The President of the Philippines, through the Chairman, Board of Pardons and Parole, Manila.

Executive Clemency Investigation Process

Office of the President made by the Prisoner

Board
(Referral)

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 P.P.A.
-investigate
-submit required reports within 30 days

Board
-recommends
-resolves
-certifies

Office of the President

Granted Denial

Immediate implementation Retention in Prison

GENERAL GUIDELINES

Executive Clemency

Shall refer to Absolute Pardon, Conditional Pardon, Commutation of Sentence and Reprieve as may
be granted by the President of the Philippines upon the recommendation of the Board of Pardons and Parole.
Under the law, the President has the power to grant pardons, commutations, amnesty for all offenses except
impeachment cases and remit fines and forfeitures after the recipient has been convicted.

Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. Clemency
under the criminal justice system is the act by an executive member of government of extending mercy to a
convicted individual.

The Board of Pardons and Parole is the agency in charge with the release of sentence prisoners based
on modes specified by law. Its action and proceeding is governed by the provisions of Sec. 4 of Act. No. 4103,
otherwise known as The Indeterminate Sentence Law, as amended, and Executive Order No. 292, series of
1987, otherwise known as The Administrative Code of 1987.

An Indeterminate Sentence is a sentence imposed for a crime that is not given a definite duration.
The prison term does not state a specific period of time or release date but just a range of time such as "five-
to-ten years."

Pardon
Pardon is a form of executive clemency granted by the President of the Philippines as a privilege
extended to a convict as a discretionary act of grace. Neither the Legislative nor the Judiciary branch of
government has the power to set conditions or establish procedures for the procedures for the exercise of this
Presidential prerogative. It is highly political in nature and is usually granted in response to popular clamor or
to aid in the return to normalcy of a political situation that might affect the country if not addressed.

Effects of Pardon
The pardoned individual no longer has an active felony conviction and should therefore be eligible
for employment opportunities that were previously unavailable. It restores the individual’s civil rights. Pardon
has generally been regarded as blotting out the existence of guilt so that in the eye of the law the offender is
as innocent as though he never committed the offense, it does not operate for all purposes. The very essence
of a pardon is forgiveness or remission of guilt. Pardon implies guilt. It does not erase the fact of the commission
of the crime and the conviction thereof. It does not wash out the moral stain. It involves forgiveness and not
forgetfulness.

The better considered cases regard full pardon (at least one not based on the offender’s innocence)
as relieving the party from all the punitive consequences of his criminal act, including the disqualifications or
disabilities based on the finding of guilt. But it relieves him from nothing more. “To say, however, that the
offender is a “new man”, and “as innocent as if he had never committed the offense;” is to ignore the difference
between the crime and the criminal. A person adjudged guilty of an offense is a convicted criminal, though
pardoned; he may be deserving of punishment, though left unpunished; and the law may regard him as more
dangerous to society than one never found guilty of crime, though it places no restraints upon him following
his conviction.”

A pardon looks to the future. It is not retrospective. It makes no amends for the past. It affords no
relief for what has been suffered by the offender. It does not impose upon the government any obligation to

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 make reparation for what has been suffered. “Since the offense has been established by judicial proceedings,
that which has been done or suffered while they were in force is presumed to have been rightfully done and
justly suffered, and no satisfaction for it can be required.”

Absolute Pardon
It refers to the total extinction of the criminal liability of the individual to whom it is granted without
any condition whatsoever and remits the penalty imposed for the particular offense of which he was convicted.
Absolute pardon is a pardon which releases the wrongdoer from punishment and restores the offender's civil
rights without qualification.

There are two purposes of absolute pardon. First, to right a wrong. Next, to normalize tumultuous
political situation.

Former Philippine President Gloria Macapagal Arroyo's executive pardon of Joseph Estrada, also a
former president convicted of economic plunder, has ignited controversy. The pardon is perhaps strategically
intended to neutralize the threat that Mr Estrada could rally further opposition to the rule of Ms Macapagal
Arroyo.

Conditional Pardon
It refers to the exemption of an individual, within certain limits or conditions; from the punishment that
the law inflicts for the offense he has committed resulting in partial extinction of his criminal liability.

Conditional pardon is a pardon that will not become effective until the wrongdoer satisfies certain
prerequisites or else the pardon will be revoked upon the occurrence of some specified act. In other words, a
pardon is conditional in nature when its effectiveness depends upon the fulfillment of a condition by the
offender, usually a lesser punishment, as in the commutation of the death sentence.

Amnesty
A special pardon exercised by the President of the Republic is amnesty. Amnesty is a general pardon
extended to a certain class of people who are usually political offenders. On the other hand, Amnesty needs the
concurrence of Congress and the courts also take judicial notice of the act by the President. Amnesty can be
granted before or after conviction.

Amnesty, from the Greek stem amnestia, meaning to forget, is an act of the legislature whose aim is
to erase an accomplished fact which would otherwise be punishable, and so either to prevent or to stop legal
action or as the case may be, to erase any sentence. Amnesty laws have their own particular characteristics:
they are by definition retroactive, since they can only apply to acts committed before they are passed. Their
application is always a matter of public concern.
In the United States, President Harry S. Truman issued two Presidential Proclamations granting
amnesty to groups of unnamed persons who were anti-war activist who opposed the involvement of United
States in two wars. The first amnesty was proclaimed in 1945 right after World War II. The second is after the
Korean War in 1952.

Reprieve
It is applied to death sentences already affirmed by the Supreme Court. Reprieve is the temporary
stay of the execution of a sentence. In death sentences, the date of execution of the death convict is held in
abeyance for a certain period to enable the Chief to temporarily stay execution of sentence.

Commutation of Sentence
Commutation of sentence shall refer to the reduction of the duration of prison sentence. It is another
prerogative of the President. It is an act of clemency by which a heavier or longer sentence is reduced to a
lighter or shorter term. Death sentences or life imprisonment is reduced to a shorter sentence.
The petition for absolute pardon shall be accompanied by the following requirements:
Affidavits of at least 2 responsible members of the community where the petitioner resides. The affidavits shall
among others, state that the petitioner has conducted himself in moral and law-abiding citizen manner since
his release from prison and shall indicate the petitioner’s occupation and the community service he has rendered,
if any;

The clearances from the police, courts and prosecutor’s office where the petitioner resides.

A petitioner shall be eligible for the grant of Executive Clemency if he meets the following minimum
requirements:

1.For commutation of sentence, the petitioner must have served at least 1/3 of the minimum sentence of
his indeterminate sentence or the following portions of his prison sentence consisting of reclusion perpetua (Life
Imprisionment): a. at least 10 years if convicted of Robbery with Homicide, Robbery with Rape or Kidnapping
with Murder; b. at least 8 years if convicted of Simple Murder, Parricide, Rape or violation of Anti-Drugs Laws;
c. at least 12 years if given two or more sentences for Reclusion Perpetua; d. at least 20 years in case of 1
death sentence which was automatically commuted to Reclusion Perpetua; e. at least 25 years in case of two
sentences for Reclusion Perpetua; provided that at least 1 of the sentences had been automatically commuted
from a death sentence.

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 2.For conditional pardon, the petitioner must have served at least ½ of the minimum of his indeterminate
sentence or the following portions of his prison sentence; a. at least two years of the minimum sentence if
convicted of Homicide; b. at least one year of the minimum sentence if convicted of Homicide; c. at least nine
years if convicted of Frustrated Homicide; d. at least six months if convicted of Attempted Homicide.

3. For absolute pardon ten years must have elapsed from the date of the release of petitioner from
confinement or five years from the date of expiration of his maximum sentence whichever is more beneficial to
him.
The following category of prisoners shall not be considered for commutation of sentence or conditional pardon:
a. the petitioner is eligible for parole; b. the petitioner had been sentenced to another prison term within one
year from the date of his last recommitment to the jail or prison from where he escaped; d. the petitioner is
suffering from mental illness or disorder as certified by a government psychiatrist.

DIFFERENCES BETWEEN AMNESTY AND PARDON and OTHER CBRP’S

PARDON AMNESTY
Granted by the president Granted by the president with
concurrence of congress
1 pardon = 1 person 1 amnesty = group
Granted after conviction Even before trial or filing of
complaint
General types of crimes For political crimes only
Accused/inmate’s Granted by When to be
Remedy Availed
Pardon President After final
conviction
Reprieve President After final
conviction
Commutation President After final
conviction
Amnesty President with the Before the
concurrence of the prosecution of
majority of all the criminal action,
Congress during trial or
before the
judgment, or
even after
conviction
Probation The court that heard Within 15 days
and decided the case following the
promulgation
of judgment
Parole The Board of Pardons After service of
and Parole the minimum
period of
indeterminate
sentence
GCTA The Director of the Every month
BUCOR or by the BJMP upon showing
or by Provincial Jail good behavior
OLD RULE =
5,8,10,15
NEW LAW =
20,23,25,30
STAL The Director of the 1/5 of the
BUCOR or by the BJMP sentence if
or Provincial Jail returned to jail
within 48 hours
after the
pronouncement
of the passing
away of
calamity.

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 CA3: THERAPEUTIC MODALITIES

THE CODE OF KALANTIAW

The entire CODE OF KALANTIYAW contains only 18 ARTICLES but enough to bring PEACE and HARMONY.

DATU KALANTIAW
The Code was degreed by Datu Kalantiaw about a hundred years before the coming of the Spanish slavers and
colonizers. It continued to be the governing law long after the death of Kalantiaw and ceased to exist only when
the Spaniards reached Panay and set up their government there.

The laws that exist now in our country are laws that were imposed by the Spaniards and then the next slavers
to replace them, the Americans. The laws they imposed did not reflect the customs, beliefs and practices of the
natives but it reflects the customs, beliefs and practices of foreigners who tailored it to fit their interests in
subjugating the people of this land for their benefits. This is now the reason why our laws have become
complicated, distorted and convoluted. It was remodeled and remodeled to find the correct mix of what is
applicable to us but to no avail. Our present laws are one of the causes why there is so much conflict and un-
peace in our country. And this conflict and lack of peace is the cause of our backwardness and
underdevelopment. We cannot find the true rules that should govern us and be followed by all in the pursuit of
our national destiny.

The entire Code of Kalantiaw contains only eighteen articles but enough to bring peace and harmony. Our
Congress and Senate continuously make hundreds of laws that no one seems to be following.

Here are the eighteen (18) Rules of Kalantiaw:

Rule 1 - Do not kill, steal, or harm old people. Punishment is drowning or boiling
Rule 2 - Pay all your debts promptly. Punishment for first offense is whipping of 100 lashes. If the debt is large,
the violator's hand will be immersed in boiling water three times.
Second offense will be death by beating;

Rule 3 - Do not be too lustful. Do not marry young girls (pedophilia) nor marry more than you can handle and
support.
First offense is swimming for three hours. Second offense in laceration with thorns;
Rule 4 - Respect the dead, do not disturb their graves and burial places. First offense is exposure to the ants
while subsequent offense is beating to death by means of thorns;
Rule 5 - Contracts shall be faithfully fulfilled. First offense is one hour whipping. Subsequent offense is one-
day exposure to the ants;
Rule 6 - Valuable trees and places that are holy should be respected. Fine for violation should be equal to one
month's labor and paid in gold or honey. Subsequent offense is the equivalent of five years labor;
Rule 7 - Cutting sacred trees, shooting arrows at old people treacherously, entering the Chiefs' homes without
permission is punishable by death;
Rule 8 - Setting fire to another's crops, stealing the wives of Chiefs and owning dogs that bit the Chiefs is
punishable by one year slavery;
Rule 9 - Those who sing at night while on the road, kill the manaul bird, destroy the Chief's records, deceive
others and mock the dead will be beaten for two days;
Rule 10 - Mothers should educate their daughters secretly about sex hygiene to prepare them for motherhood;
Men should be kind to their wives and should not harm them if they are caught in adultery. Violators will be cut
to pieces or thrown to the crocodiles;
Rule 11- Those who escape and evade punishment, kill young children and steal the wives pf old men will be
burned alive;
Rule 12 - Slaves who attack their masters or the chiefs, masturbates, or destroy their anitos will be drowned;
Rule 13 - Those who steal from the Chiefs or old men will be exposed to the ants for half a day;
Rule 14 - Those who refuse to marry their daughters to the sons of the chiefs will be slaved for life;
Rule 15 - Those who kill the young of the manaul birds or white monkeys will be beaten;
Rule 16 - Those who break the idols on their altars and temples, destroy the daggers used by the priestesses
for killing sacrificial pigs or break their wine vessels will have their fingers cut off;
Rule 17 - Those who destroy the altars and temples and urinates or defecates in these sacred places will die;
Rule 18 - Chiefs who disobey any of these rules will be stoned or crushed to death while old men who disobey
will be fed to the sharks or crocodiles.

Although our own brand of justice even if adjudged as backward and primitive contains basic characteristics
that respects the old people, women and motherhood and prohibits immoral acts such as masturbation or self-
gratification that is being lobbied hard by the international gay rights and decadent feminist movement
emanating from the West to become an accepted practice.

The Kalantiaw Code also shows a strong respect for a God, the dead and even the environment with each rule
on the protection of valuable trees, the manual birds and white monkeys.

Our primitive laws also contain traces of Restorative Justice especially those from the tribes of the Cordilleras
in Northern Luzon, which have their own brand of justice termed by some as the spat.

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Human Rights
= those rights which are inherent in our nature and without which, we cannot live as human beings.

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 It allows us to develop and use our human qualities, intelligence, talents and conscience and to satisfy
our spiritual and other needs. Supreme, inherent and inalienable rights to life, dignity, and self-development.
The essence of these rights makes man human.
Basic Characteristics of Human Rights:
1. Inherent - Not granted by any person or authority.
2. Fundamental - without them, the life and dignity of man will be meaningless.
3. Inalienable - cannot be rightfully taken away from a free individual. Cannot be given away or be forfeited.
4. Imprescriptible - cannot be lost even if man fails to use or assert them, even by a long passage of time.
5. Indivisible - Not capable of being divided. Cannot be denied even when other rights have already been
enjoyed.
6. Universal- It applies irrespective of one's origin, status, or condition or place where one lives. Rights can be
enforced without national border.
7. Interdependent- The fulfillment or exercise of one cannot be had without the realization of the other.
Human Rights Principles:
The dignity of man and human life is inviolable. From the dignity of man is derived the right of every
person to free development of his personality. A legitimate state should exist to assure that in the discharge of
the government functions, the dignity that is the birthright of every human being is duly safeguarded.
Classification of Rights:
1. Natural Rights- God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail
as norms of the society.
2. Constitutional Rights- Conferred and protected by the constitution and which cannot be modified or taken
away by the law-making body.
3. Statutory Rights- Those rights which are provided by law promulgated by the law-making body. May be
abolished by the body that created them.
Stages of Human Rights
(1). Idealization - Notions about human rights start in the realm of ideas that reflect a consciousness against
oppression or inadequate performance of the State.
(2). Positivization - Where the support for the ideas become 23strong, and thus incorporate them into legal
instruments.
(3). Realization - When these rights are already being enjoyed by the citizens by the transformation of the
social, economic, and political order.
Three obligations of State Parties
(1) Obligation to respect
➢ Article 2(1) of the ICCPR contain this obligation
➢ Indicates that the negative character of civil and political rights, commanding the State to refrain from restricting
the exercise of these rights is not expressly allowed.

(2) Obligation to ensure

➢ Article 2(1) of the ICCPR also encompasses this obligation, that State parties must be proactive to enable
individuals to enjoy their rights
➢ Article 2(2) of the ICCPR points out that to provide for an effective remedy to victims of human rights, it
must adopt executive, judicial and legislative measures.

(3) Obligation to protect - to prevent private individuals, groups, or entities from interfering with the
individual's civil and of el a political right.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW
The 1987 Constitution - The Constitution itself is a source, and not only the Bill of Rights.
➢ The 1987 Constitution is the basic source of human rights law in the Philippines.
➢ As early as Biak na Bato, our forefathers are conscious about the rights of human beings.
➢ A novel feature of the 1987 Constitution is the independent constitutional office of the Commission of Human
Rights, the first national human rights commission in the world.
➢ The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent commission
which investigates on human rights violations and establishes programs of education and information to enhance
respect for the primacy of human rights.
➢ This Constitution is sometimes called as "Human Rights Constitution".
➢ The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights - U Thant, former Secretary General of the UN called the three (3) documents
and the Optional Protocol to the Covenant on Civil and Political Rights as "Magna Carta for mankind" and is "the
essential prerequisite for peace at home and in the world".
Universal Declaration of Human Rights (UDHR)
➢ The Commission on Human Rights of the United Nations drafted the UDHR, while the United Nations passed it.
➢ The chairwoman was former first lady Eleanor Roosevelt.
➢ The declaration was adopted by 48 votes in favor, none against and eight abstentions.
➢ Carlos Romulo was also there during the drafting of the CHR of the UN.
➢ The Preamble to the UDHR refers to the concepts of inherent human dignity and one inalienable nature of
human rights. It also called for inter-cultural consensus by indicating that a common understanding of the rights
and freedoms is to achieve promotion of universal respect for and observance of human rights and fundamental
freedoms.
➢ The UDHR is the first internationally adopted catalogue of human rights.
➢ Mary Robinson, former High Commissioner for Human Rights, said that the common language of humanity, the
language of human rights, is enshrined in the UDHR.

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 International Covenant on Civil and Political Rights (ICCPR)
➢ Adopted unanimously by 106 States and entered into force in 1976.

International Covenant on Economic, Social and Cultural Rights

CIVIL AND POLITICAL RIGHTS
Bill of Rights in the 1987 Constitution - The Bill of Rights is a regular fixture in all Philippine Constitutions,
except in the Biak na Bato Constitution of 1897.
1935 Constitution, 1973 Constitution, 1986 Freedom Constitution - Bill of Rights
1943 Constitution - Duties and Rights of the Citizens.
1899 Malolos Constitution - The Filipinos and their National and Individual Rights.
Bill of Rights - An enumeration of civil and political rights that are self-executing. It also serves as a restriction
upon the powers of the State in order to preserve constitutional harmony and stability.
➢ Father Joaquin Bernas, SJ - The Bill of Rights is to declare some forbidden zones in the private sphere
inaccessible to any power holder.

The provisions in the Bill of Rights can be classified into four (4) types
(1) The completely new provisions.
➢ Section 12(4), 18(1), 19(2)
(2) The old provisions that contain amendments by addition.
➢ Section 4, 6, 7, 11, 12(1), 12(2), 12(3), 13, 19(1)
(3) The old provisions where words and phrases were amended by deletion.
➢ Section 2, 15
(4) The old provisions that remained intact.
➢ Section 1, 3(1), 5, 9, 10, 20, 21, 2

Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law -
this is the fruit of the negotiations of the government and the rebels.
➢ The first substantive agreement signed by the Negotiating Panels of the Government of the Philippines in The
Hague, Netherlands.
➢ This comprehensive agreement consists of seven (7) parts:

o The Preamble - introduces the Agreement and articulates the reasons for and the intention of the parties.
o Declaration of Principles
o Bases, Scope, and Applicability
o Respect for Human Rights
o Respect for International Humanitarian Law
o Joint Monitoring Committee
o Final provisions

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Custodial Rights of a Person
Section 12, Article III of the 1987 Constitution
Sec. 12: (1) Any person under investigation for the commission of an offense shall have the right to be informed
of his right to remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to
and rehabilitation of victims of torture or similar practices, and their families.
Custodial Investigation
= is any questioning by law enforcement after a person has been taken into custody or otherwise
deprived of his freedom of action in any significant way.
= It refers to the investigation conducted by law enforcement immediately after arrest for the
commission of an offense.
= It begins when a person has been arrested and brought to the custody of law enforcers in which
suspicion is focused on him in particular and questions are asked from him (the suspect) to elicit admissions or
information on the commission of an offense.
What is the Miranda Doctrine?
The Miranda Doctrine means that prior to questioning during custodial investigation, the person must
be warned that he has the right to remain silent, that any statement he gives may be used as evidence against
him, and that he has the right to the presence of an attorney, either retained or appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in which the US Supreme
Court laid down the principle of custodial rights of an accused. It held, thus:
"Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is this: the
prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation
of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege
against self-incrimination. By custodial investigation, we mean questioning initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of his freedom of action in any significant
way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform

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 accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following
measures are required:
Prior to any questioning, the person must be warned that he has the right to remain silent, that any
statement he does make may be used as evidence against him, and that he has a right to the
presence of an attorney, either retained or appointed.
The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and
intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult
with an attorney before speaking, there can be no questioning.
Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the
police may not question him. The mere fact that he may have answered some questions or volunteered some
statements on his own does not deprive him of the right to refrain from answering any further inquiries until he
has consulted with an attorney and thereafter consents to be questioned."
What are the rights of a person during custodial investigation?
1. The right to be informed of his rights
-i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries the
correlative obligation on the part of the investigator to explain and contemplates effective communication which
results in the subject understanding what is conveyed.
The right to remain silent and to be reminded that anything he says can and will be used against
him
-This refers not only to verbal confessions but also to acts. However, mechanical acts that does not
require the use of intelligence (such as providing DNA samples) or to answers to general questions are not
protected under this right.
2. The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided
for him
- This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly
the right to independent and competent. An independent counsel is one not hampered with any conflicts of
interest, and a competent counsel is one who is vigilant in protecting the rights of an accused.
3. Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will of the person
4. Right against secret detention places, solitary, incommunicado, or other similar forms of
detention
= Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person.
= This is called the Exclusionary Rule, i.e. it is excluded from the evidence to be considered by the
court during trial. Such confession or admission is tainted and must be suppressed under the "Fruit of the
Poisonous Tree" Doctrine.
**Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Section 1. Statement of Policy. - It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. -
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating officer.
(c)The custodial investigation report shall be reduced to writing by the investigating officer, provided that before
such report is signed, or thumb marked if the person arrested or detained does not know how to read and write,
it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be
in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a valid
waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor,
the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code,
or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences
with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him
or by any member of his immediate family or by his counsel, or by any national non-governmental organization
duly accredited by the Commission on Human Rights of by any international non-governmental organization
duly accredited by the Office of the President. The person's "immediate family" shall include his or her spouse,
fiancé? or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece,
and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person
who is investigated in connection with an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

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 Section 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by the case,
those charged with conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or
grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is
conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting
counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only
be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal
Code.
Section 4. Penalty Clause. - (a) Any arresting public officer or employee, or any investigating officer, who
fails to inform any person arrested, detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos
(P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or
both. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who
has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such
investigating officer or in his place, who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the omission of an offense if the latter cannot the services
of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, from visiting and conferring privately
with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day
or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4) years nor
more than six (6) years, and a fine of four thousand (pesos (P4,000.00).lawphi1
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape.

The United Nations Standard Minimum Rules for the Treatment of Prisoners
(The Nelson Mandela Rules)

RULES OF GENERAL APPLICATION

Rule 1 All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.
No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman
or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a
justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all
times.

Rule 2 The present rules shall be applied impartially. There shall be no discrimination on the grounds of race,
color, sex, language, religion political or other opinion, national or social origin, property, birth or any other
status. The religious beliefs and moral precepts of prisoners shall be respected.

Rule 3 Imprisonment and other measures that result in cutting off persons from the outside world are afflictive
by the very fact of taking from these persons the right of self-determination by depriving them of their liberty.

Rule 4 The purposes of a sentence of imprisonment or similar measures deprivative of a person's liberty are
primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only if the
period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon
release so that they can lead a law-abiding and self-supporting life.

Rule 5 The prison regime should seek to minimize any differences between prison life and life at liberty that
tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

Prisoner File Management

Rule 6 There shall be a standardized prisoner file management system in every place where persons are
imprisoned. Such a system may be an electronic database of records or a registration book with numbered and
signed pages. Procedures shall be in place to ensure a secure audit trail and to prevent unauthorized access to
or modification of any information contained in the system.

Rule 7 No person shall be received in a prison without a valid commitment order.

Rule 8 Prisoner's personal information shall be entered in the prisoner file management system in the course
of imprisonment.

Rule 9 All records referred to in rules 7 and 8 shall be kept confidential and made available only to those whose
professional responsibilities require access to such records. Every prisoner shall be granted access to the records

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 pertaining to him or her, subject to redactions authorized under domestic legislation, and shall be entitled to
receive an official copy of such records upon his or her release.

Rule 10 Prisoner file management systems shall also be used to generate reliable data about trends relating
to and characteristics of the prison population, including occupancy rates, in order to create a basis for evidence-
based decision-making.

Separation of Categories
Rule 11 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.

Accommodation
Rule 12 Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a
cell or room by himself or herself. 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.

Rule 13 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.

Rule 14 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.

Rule 15 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.

Rule 16 Adequate bathing and shower installations shall be provided so that every prisoner can, and may be
required to, have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical region, but at least once a week in a temperate climate.

Rule 17 All parts of a prison regularly used by prisoners shall be properly maintained and kept scrupulously
clean at all times.

Personal Hygiene
Rule 18 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.

Clothing and Bedding

Rule 19 Every prisoner who is not allowed to wear his or her own clothing shall be provided with an outfit of
clothing suitable for the climate and adequate to keep him or her in good health. Such clothing shall in no
manner be degrading or humiliating.

Rule 20 If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to
the prison to ensure that it shall be clean and fit for use.

Rule 21 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
Rule 22
1. Every prisoner shall be provided by the prison 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 or she needs it. Exercise and sport

Rule 23
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.

Health-Care Services
Rule 24 The provision of health care for prisoners is a State responsibility. Prisoners should enjoy the same
standards of health care that are available in the community, and should have access to necessary health-care
services free of charge without discrimination on the grounds of their legal status.

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 Restrictions, Discipline and Sanctions
Rule 36 Discipline and order shall be maintained with no more restriction than is necessary to ensure safe
custody, the secure operation of the prison and a well ordered community life.

Instruments of Restraint
Rule 47 The use of chains, irons or other instruments of restraint which are inherently degrading or painful
shall be prohibited.

Searches of Prisoners and Cells

Rule 50 The laws and regulations governing searches of prisoners and cells shall be in accordance with
obligations under international law and shall take into account international standards and norms, keeping in
mind the need to ensure security in the prison. Searches shall be conducted in a manner that is respectful of
the inherent human dignity and privacy of the individual being searched, as well as the principles of
proportionality, legality and necessity.

Information to and complaints by prisoners

Rule 54 Upon admission, every prisoner shall be promptly provided with written information about:
a. The prison law and applicable prison regulations;
b. His or her rights, including authorized methods of seeking information, access to legal advice, including
through legal aid schemes, and procedures for making requests or complaints;
c. His or her obligations, including applicable disciplinary sanctions; and
d. All other matters necessary to enable the prisoner to adapt himself or herself to the life of the prison.

Contact with the outside world

Rule 58
1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at
regular intervals:
(a) By corresponding in writing and using, where available, telecommunication, electronic, digital and other
means;
(b) By receiving visits

Books
Rule 64 Every prison 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
Rule 65
1. If the prison 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 bon a full-time basis.

Retention of prisoners' property

Rule 67
1. All money, valuables, clothing and other effects belonging to a prisoner which he or she is not allowed to
retain under the prison regulations shall on his or her admission to the prison be placed in safe custody. An
inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

Notifications
Rule 68 Every prisoner shall have the right, and shall be given the ability and means, to inform immediately
his or her family, or any other person designated as a contact person, about his or her imprisonment, about his
or her transfer to another institution and about any serious illness or injury. The sharing of prisoners' personal
information shall be subject to domestic legislation.

Investigations
Rule 71
1. Notwithstanding the initiation of an internal investigation, the prison director shall report, without delay, any
custodial death, disappearance or serious injury to a judicial or other competent authority that is independent
of the prison administration and mandated to conduct prompt, impartial and effective investigations into the
circumstances and causes of such cases. The prison administration shall fully cooperate with that authority and
ensure that all evidence is preserved.

Removal of Prisoners
Rule 73
1. When 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 prison administration and equal conditions
shall apply to all of them.

Institutional Personnel
Rule 74

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 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 prisons depends.

Internal and External Inspections

Rule 83
1. There shall be a twofold system for regular inspections of prisons and penal services:
(a) Internal or administrative inspections conducted by the central prison administration;
(b) External inspections conducted by a body independent of the prison administration, which may include
competent international or regional bodies.
2. In both cases, the objective of the inspections shall be to ensure that prisons are managed in accordance
with existing laws, regulations, policies and procedures, with a view to bringing about the objectives of penal
and corrections 01 /0 services, and that the rights of prisoners are protected.

RULES APPLICABLE TO SPECIAL CATEGORIES

A. Prisoners under sentence Guiding Principles
Rule 86 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 these rules.

Treatment
Rule 91 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.

Classification and Individualization

Rule 93
1. The purposes of classification shall be:
(a) To separate from others those prisoners who, by reason of their criminal records or 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.
2. So far as possible, separate prisons or separate sections of a prison shall be used for the treatment of different
classes of prisoners.

Privileges
Rule 95 Systems of privileges appropriate for the different classes of prisoners and the different methods of
treatment shall be established at every prison, in order to encourage good conduct, develop a sense of
responsibility and secure the interest and cooperation of prisoners in their treatment.

Work
Rule 96
1. Sentenced prisoners shall have the opportunity to work and/ or to actively participate in their rehabilitation,
subject to a determination of physical and mental fitness by a physician or other qualified health-care
professionals.

Education and Recreation

Rule 104
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 illiterate prisoners and of young
prisoners shall be compulsory and special attention shall be paid to it by the prison administration.

Social Relations and Aftercare

Rule 106 Special attention shall be paid to the maintenance and improvement of such relations between a
prisoner and his or her family as are desirable in the best interests of both.

B. Prisoners with Mental Disabilities and/or Health Conditions

Rule 109
1. Persons who are found to be not criminally responsible, or who are later diagnosed with severe mental
disabilities and/ or health conditions, for whom staying in prison would mean an exacerbation of their condition,
shall not be detained in prisons, and arrangements shall be made to transfer them to mental health facilities as
soon as possible.

C. Prisoners Under Arrest or Awaiting Trial

Rule 111
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. Not convicted 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 from a special regime which is described
in the following rules in its essential requirements only.]

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 D. Civil Prisoners
Rule 121 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 favorable than that of
untried prisoners, with the reservation, however, that they may possibly be required to work.

E. Persons Arrested or Detained Without Charge

Rule 122 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, of these rules. Relevant provisions of part II, section A, of these rules 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.

PUNISHMENT AND DIFFERENT FORMS OF HUMAN RIGHTS VIOLATION

Punishment
Is the infliction of some kind of pain or loss upon a person for a missed (I, e, the transgression of a law or
command). Punishment may take forms ranging from capital punishment, flogging, forced, labor and mutilation
of the body to imprisonment and fines.
Deferred punishment consists of penalties that are imposed only if an offense is repeated within a
specified time.
In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was
left to the individuals wronged (or to their families). In quantity and quality such punishment bore no special
relation to the character or gravity of the offense.

The Purposes of Punishment

Punishment has five recognized purposes:
1. Deterrence,
2. Incapacitation,
3. Rehabilitation,
4. Retribution,
5. Restitution.

Specific and General Deterrence

Deterrence prevents future crime by frightening the defendant or the public. The two types of
deterrence are specific and general deterrence.
Specific deterrence applies to an individual defendant. When the government punishes an
individual defendant, he or she is theoretically less likely to commit another crime because of fear of another
similar or worse punishment.
General deterrence applies to the public at large. When the public learns of an individual
defendant's punishment, the public is theoretically less likely to commit a crime because of fear of the
punishment the defendant experienced. When the public learns, for inspire example, sentence a deep that of
life of fear in individual defendant was severely punished by a sentence of life in prison or the death penalty,
this knowledge can inspire a deep fear of criminal prosecution.

Incapacitation
Incapacitation prevents future crime by removing the defendant from society.
Examples of incapacitation are: incarceration, house arrest, or execution pursuant to the death penalty.

Rehabilitation
Rehabilitation prevents future crime by altering a defendant's behavior.
Examples of rehabilitation: include educational and vocational programs, treatment center placement and
counseling. The court can combine rehabilitation with incarceration or with probation or parole. In some states,
for example, nonviolent drug offenders must participate in rehabilitation in combination with probation, rather
than submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while lowering
recidivism, which means reoffending.

Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the form
of assault, battery, and criminal homicide, for example) against the defendant. When victims or
society discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction
that our criminal procedure is working effectively, which enhances faith in law enforcement and our government.

Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the
court orders the criminal defendant to pay the victim for any harm and resembles a civil litigation damages
award.
Restitution can be for physical injuries, loss of property or money, and rarely, emotional distress. It
can also be a fine that covers some of the costs of the criminal prosecution and punishment.
• Specific deterrence prevents crime by frightening an individual defendant with punishment. General deterrence
prevents crime by frightening the public with the punishment of an individual defendant.
• Incapacitation prevents crime by removing a defendant from society.
• Rehabilitation prevents crime by altering a defendant's behavior.

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 • Retribution prevents crime by giving victims or society a ab feeling of avengement.
• Restitution prevents crime by punishing the defendant financially.

What Are Human Rights Violations?

The Universal Declaration of Human Rights (UDHR) was established in response to the atrocities during
WWII, including the Holocaust. The document outlines the human rights that all people are entitled to such as
freedom from torture, freedom of expression, and the right to seek asylum. When those rights aren't protected
or blatantly disregarded, they are violated. What are the types of human rights violations? Who is responsible
for preventing and addressing them?

Definition and Types of Human Rights Violations

A state commits human rights violations either directly or indirectly.
Violations can either be intentionally performed by the state and or come as a result of the state failing
to prevent the violation. When a state engages in human rights violations, various actors can be involved such
as police, judges, prosecutors, government officials, and more. The violation can be physically violent in nature,
such as police brutality, while rights such as the right to a fair trial can also be violated, where no physical
violence is involved.

The second type of violation - failure by the state to protect - occurs when there's a conflict between
individuals or groups within a society. If the state does nothing to intervene and protect vulnerable people and
groups, it's participating in the violations. In the United States, the state failed to protect black Americans when
lynching’s frequently occurred around the country. Since many of those responsible for the lynching’s were also
state actors (like the police), this is an example of both types of violations occurring at the same time.

Examples of Human Rights Violations

Civil and Political Rights
Civil and political rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during times of war, and when a human rights violation intersects with the breaking of
laws about armed conflict, it's known as a war crime.
Conflict can also trigger violations of the right to freedom of expression and the right of peaceful
assembly. States are usually responsible for the violations as they attempt to maintain control and push down
rebellious societal forces. Suppressing political rights is a common tactic for many governments during times of
civil unrest.
Violations of civil and political human rights aren’t always linked to specific conflicts and any occur at any
given time. Human trafficking is currently one of the largest issues on a global scale as millions of men, women
and children are forced into labor and sexual exploitation. Religious discrimination is also very common in many
places around the world. These violations often occur because the state is failing to protect vulnerable groups.

Economic, Social, and Cultural Rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the right to education,
and the right to physical and mental health. As is the case with all human rights, economic, social, and cultural
rights can be violated by states and other actors. The United Nations Office of the High Commissioner for Human
Rights gives a handful of examples of how these rights can be violated. They include:
1. Contaminating water, for example, with waste from State-owned facilities (the right to health)
2. Evicting people by force from their homes (the right to adequate housing)
3. Denying services and information about health (the right to health)
4. Discriminating at work based on traits like race, gender, and sexual orientation (The right to work)
5. Failing to provide maternity leave (protection of and assistance to the family)
6. Not paying a sufficient minimum wage (rights at work)
7. Segregating students based on disabilities (the right to education)
8. Forbidding the use of minority/indigenous languages (the right to participate in cultural life)

Who is ultimately responsible for ensuring human rights violations don't happen?
In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold obligation. They must
respect, protect, and fulfill human rights. When violations occur, it's the government's job to intervene and
prosecute those responsible. The government must hold everyone (and itself) accountable.
This doesn't mean that members of civil society don't also have a responsibility to prevent human
rights violations. Businesses and institutions must comply with discrimination laws and promote equality, while
every individual should respect the rights of others. When governments are violating human rights either directly
or indirectly, civil society should hold them accountable and speak out. The international community also has
an obligation to monitor governments and their track records with human rights. Violations occur all the time,
but they should always be called out.

Basic Principles for the Treatment of Prisoners

Adopted and proclaimed by General Assembly Resolution 45/111 of 14 December 1990
1. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.
2. There shall be no discrimination on the grounds of race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which prisoners
belong whenever local conditions so require.

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 4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime shall
be discharged in keeping with a State's other social objectives and its fundamental responsibilities for promoting
the wellbeing and development of all members of society.
5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall
retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and,
where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and
the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other
rights as are set out in other United Nations covenants.
6. All prisoners shall have the right to take part in cultural activities and education aimed at the full development
of the human personality.
7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use,
should be undertaken and encouraged.
8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment which will
facilitate their reintegration into the country's labor market and permit them to contribute to their own financial
support and to that of their families.
9. Prisoners shall have access to the health services available in the country without discrimination on the
grounds of their legal situation.
10. With the participation and help of the community and social institutions, and with due regard to the interests
of victims, favorable conditions shall be created for the reintegration of the ex-prisoner into society under the
best possible conditions.

11. The above principles shall be applied impartially.

GOVERNMENTAL PROGRAMS FOR THE VICTIMS
Victims Compensation Program
What is the law creating the Board of Claims?
Republic Act No. 7309
is the law creating the Board of Claims under the Department of Justice granting compensation for victims of
unjust imprisonment or detention and victims of violent crimes.
What is the rationale for the enactment of the law?
One of the more vexing problems in the area of justice and human rights is the implementation of the
constitutional provision against the deprivation of life, liberty and property without due process of law.
Persons have been accused and imprisoned for crimes they did not commit, only to be subsequently
acquitted. Government and society have become notably indifferent to victims of crimes and criminals. A judicial
way of filing a claim for compensation may be too long. Congress opted for an administrative procedure of filing
the claims by creating the Board of Claims.

Who may apply for compensation?

1. A person who was unjustly accused convicted and imprisoned and subsequently released by virtue of a
judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal Code under
a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed with malice which
resulted in death or serious physical and/or psychological injuries, permanent incapacity or disability, insanity,
abortion, serious trauma, or committed with torture, cruelty or barbarity.

When should a claim be filed?

The claim should be filed with the Board by the person entitled to compensation under this Act within six (6)
months after being released from imprisonment or detention or from the date he suffered damage or injury;
Otherwise he is deemed to have waived his claim.

How is a claim filed?

A claimant may file a claim with the board by filling up an application form provided for the purpose with the
Secretariat of the Board of Claims, Department of Justice. Thereafter, he will be interviewed and he will be duty
notified of the action taken by the Board.

How much is given to a qualified applicant?

1. For the victims of unjust imprisonment, the compensation shall be based on the number of months of
imprisonment and every fraction thereof shall be considered one month, but in no case shall such compensation
exceed ONE THOUSAND PESOS (P1,000.00) per month.
2. In all other cases the maximum for which the Board may be approved a claim. shall not exceed TEN
THOUSAND PESOS (P10,000.00) or the amount necessary to reimburse of the claimant the expenses incurred
for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the
injury, whichever is lower to be determined by the Board.

May the decision of the Board of Claims be appealed?

Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from receipt
of the resolution of the Board, to the Secretary of Justice whose decision shall be final and executory."

Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity.
Chapter VI Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in Philippine law for
the protection of victims and witnesses, the following measures shall be undertaken:

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 (a) The Philippine court shall take appropriate measures to protect the safety, physical and physiological
well-being, dignity and privacy of victims and witnesses. In so doing, the court shall have regard of all relevant
factors, including age, gender and health, and the nature of the crime, in particular, but not limited to, where
the crime involves sexual or gender violence or violence against children. The prosecutor shall take such
measures particularly during the investigation and ISIS prosecution of such crimes. These measures shall not
be prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial;

(b) As an exception to the general principle of public hearings, the court may, to protect the victims and
witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence
by electronic or other special means. In particular, such measures shall be implemented in the case of the victim
of sexual violence or a child who is a victim or is a witness, unless otherwise ordered by the court, having regard
to all the circumstances, particularly the views of the victim or witness;
(c) Where the personal interests of the victims are affected, the court shall permit their views and concerns to
be presented and considered at stages of the proceedings determined to be appropriate by the court in manner
which is not prejudicial of to or inconsistent with the rights of the accused and a fair and impartial trial. Such
views and concerns may be presented by the legal representatives of the victims where the court considers it
appropriate in accordance with the established rules of procedure and evidence; and
(d) Where the disclosure of evidence or information pursuant to this Act may lead to the grave endangerment
of the security of a witness for his/her family, the prosecution may, for the purposes of any proceedings
conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a
summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with
the rights of the accused and to a fair and impartial trial.

Rome Statute
Article 68 Protection of the Victims and Witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity
and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including
age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not
limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall
take such measures particularly during the investigation and prosecution of such crimes. These measures shall
not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may,
to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the
presentation of evidence by electronic or other special means. In particular, such measures shall be implemented
in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by
the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to
be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a
manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
Such views and concerns may be presented by the legal representatives of the victims where the Court considers
it appropriate, in accordance with of lo the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures,
security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statue may lead to the grave endangerment
of the security of a witness his or her family, the Prosecutor may, for the purposes of any proceedings conducted
prior to the commencement of the trial, withhold such evidence or information and instead submit a summary
thereof. Such measures shall be exercised in a manager which is not prejudicial to or inconsistent with the rights
of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its
servants or agents and the protection of confidential or sensitive information.

Article 75 Reparations to Victims

1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution,
compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own
motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in
respect of, victims and will 6 00mh state the principles on which it is acting.
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in
respect victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order
that the award for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations
from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the
jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this
article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as article. If the provisions of article 109 were
applicable to this article.
6. Nothing in this article shall be interpreted as prejudicing the nelledo rights of victims under national or
international law.

**WHAT IS RESTORATIVE JUSTICE?

Restorative Justice
= is a process through which remorseful offenders accept responsibility for their misconduct,
particularly to their victims and to the community.

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 It creates obligation to make things right through proactive involvement of victims, ownership of the
offender of the crime and the community in search for solutions which promote repair, reconciliation and
reassurance.

Thus, the restorative justice process is actively participated in by the victim, the offender, and/or any
individual or community member affected by the crime to resolve conflicts resulting from the criminal offense,
often with the help of a fair and impartial third party.

Examples of restorative process: include mediation, conferencing, sentencing/ support circle and the like.
The restorative outcome is the agreement obtained as a product of a restorative justice process.
Examples of restorative outcomes include restitution, community work service and any other program or
response designed to accomplish reparation of the victim, and the reintegration of the victims and/or offenders.

HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?

The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a member-
country, through a draft resolution, recommended to the Economic and Social Council of the United Nations
Organization (UNO), the adoption of the "Basic Principles on the Use of Restorative Justice Programs in Criminal
Matters". The said document is a formulation of UN Standard in the field of mediation and restorative justice.
The Philippines, being a signatory member-country should ensure adoption of this resolution.
Consequently, the goal of the government is to establish a more enlightened and humane correctional
system that will promote the reformation of offenders and thereby reduce the incidence of recidivism. This is in
line with the application law, rules, and policies mandating this agency to administer the Parole and Probation
System in the country. As such the Parole and Probation Administration (PPA) is empowered to create innovative
policies, programs and activities to facilitate the reintegration of its clientele into the mainstream of society and
consequently prevent the commission of crime. Therefore, PPA adopts Restorative Justice as one its
rehabilitation programs which utilizes restorative processes and aims to achieve restorative outcomes.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM OF PPA?

Reintegration of the offenders to the social mainstream and encouraging them to assume active
responsibility for the injuries inflicted to the victims; Proactive involvement of the community to support and
assist in the rehabilitation of victims and offenders; Attention to the needs of the victims, survivors and other
persons affected by the crime as participating stakeholders in the criminal justice system, rather than mere
objects or passive recipients of services of intervention that may be unwanted, inappropriate or ineffective;
Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and Prevention of
further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

A. During the Investigation Stage

Information such as victims' version of the offense, effect of victimization to their lives, families, future,
and plans, and victims' appreciation on how the damage/harm inflicted by the crime can be repaired and healed
are gathered to serve as input in the post sentence investigation (PSI) or pre-parole/executive clemency
investigation be submitted (PPI) to the reports Court prepared and the Board by the of investigating Pardons
and officer Parole, to respectively. processes during These the data are vital in the conduct of restorative justice
processes during the supervision phase. Soliciting stakeholders interest for their introduction to the restorative
process commences during this stage.

B. During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in the
client's Supervision Treatment Plan (STP). In applying the various restorative justice processes for the client's
rehabilitation, the supervising officer observes the following points:
The parties are brought within the program out of their own volition. Parties have the right to seek
legal advice before and after the restorative justice process; Before agreeing to participate in the restorative
justice process, the parties are fully informed of their rights, the nature of the process, and the possible
consequences of their decision; Neither the victim nor the offender is induced by unfair means to participate in
restorative justice processes or outcomes; Discussion in restorative justice processes should be highly
confidential and should not be disclosed subsequently, except with the consent of the parties, and should not
be used against the parties involved; Where no agreement can be made between the parties, the case is
withdrawn from the restorative justice process; and In the event agreement is reached by parties, it is put in
writing to give substance/essence to the agreement. The failure to implement any provision of the agreement
made in the course of the restorative justice process is a basis for the withdrawal of the case from the program.

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE IMPLEMENTATION OF
RESTORATIVE JUSTICE?
A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts as
restorative justice planner. As such, he/she undertakes the following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case for Peacemaking
Encounter;
2. Conduct dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for their participation in the
conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares case-notes reflective of restorative justice values and utilizing the following points:

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 ➢ Impact of crime and effect of victimization
➢ Victim inputs and involvement opportunities
➢ Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and
2. Implements and monitors plans and agreements achieved during the conference and sets direction to realize
success of the process.

WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING THE RESTORATIVE

JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING FROMTHE CRIMINAL OFFENSE?
The clients must admit the offense to be eligible for the conference, and if possible, they should be
encouraged to take full responsibility;
A personal visit by the Restorative Justice planner may be necessary to solicit interest and willingness
of stakeholders to participate in the restorative process;
The victims' preference for the time, date and place of the meeting should be given greatest weight;
Restorative Justice planners should also get in touch with community strengths to serve as facilitator
like local officials, members of the Lupon Tagapamayapa or any responsible and respected personalities in the
locality;
A pre-conference meeting with the selected facilitators prior to the actual conduct of peace encounter
conference should be set to carefully plan for all the details, from the sitting arrangements and refreshments to
the box of tissue papers which incidentally would let participants know that display of emotions is okay;
A pre-conference meeting could likewise be arranged separately with individual stakeholders to explain
the process and other vital details of the conference;
The Restorative Justice planner should ensure that everyone knows how to get to the location site of
the conference;
Facilitators should ensure that the conference shall be conducted without interruption in a comfortable
location and shall secure the safety of all stakeholders;
Stakeholders shall also be consulted relative to the composition of the panel of facilitators. Any party
may move to oppose the inclusion of persons by reason of relationship, bias, interest or other similar grounds
that may adversely affect the process; and
Indigenous system of settling differences or disputes shall accordingly be recognized and utilized to
conform with the customs and tradition of that particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter
Peacemaking Encounter is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by providing a safe and
controlled setting for them to meet and speak with the offender on a confidential and strictly voluntary basis.
It also allows the offender to learn about the impact of the crime to the victim and his/her family, and to take
direct responsibility for his/her behavior, Likewise, it provides a chance for the victim and the offender to forge
a mutually acceptable plan that addresses the harm caused by the crime.
As a community-based decision model, the Agency Peacemaking Encounter is being implemented
through the following processes:

1. Victim/Offender Mediation - a process that provides an interested victim an opportunity to meet face-to-
face his/her offender in a secured and structured setting or atmosphere, with the help of a trained mediator,
and engage in a hoy discussion of the past offense and its impact to his/her life. Its goal is to support the
healing process of the victim and allow the offender to learn the impact of his/her offense on the victim's
physical, emotional and financial existence, and take direct responsibility for his/her behavior by mutually
developing a Restorative Justice plan that addresses the harm caused by the said offense.
2. Conferencing - a process which involves community of people most affected by the crime - the victim and
the offender and their families, the affected community members and trained facilitators and community
strength in a restorative discussion of issues and problems arising from an offense or coincidence which affects
community relationship and tranquility. Facilitated by a trained facilitator, the above parties are gathered at
their own volition to discuss how they and others have been harmed by the offense or conflict, and how that
harm may be repaired and broken relationship may be restored.
3. Circle of Support - a community directed process organized by the field office and participated in by the
clients, the Volunteer Probation Aides (VPAs) and selected members of the community in the discussion of the
offense and its impact. Within the circle, people freely speak from the heart in a shared search for understanding
the incident, and together identify the steps necessary to assist in the reconciliation and healing of all affected
parties and prevent future crime or conflict.
In the Agency, the circle of support is facilitated by trained Probation and Parole Officers, Volunteer
Probation Aides or selected community leaders who offered their services free of charge to serve as facilitator
or keeper.
In implementing this process, the probation and parole officer should be the facilitator who is sensitive
to the needs of the victim. Likewise, the probation and parole officer should exert effort to protect the safety
and interest of the victim.

WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE
RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes or interventions may be agreed
upon by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution

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 = is a process upon which the offender accepts accountability for the financial and/or non-financial
losses he/she may have caused to the victim. Restitution is a "core" victim's right which is very crucial in assisting
the redirection of the victim's life. Part of the conditions of probation as imposed by the Court is the payment
of civil liability to indemnify the victim of the offender, and to inculcate to the offender a sense of responsibility
and obligation towards the community.
Consequently, the probation and parole officer should see to it that the offender complies with this
condition.

B. Community Work
Community Work Service, whether imposed as a condition of offender's conditional liberty or integral
part of his treatment plan, should be purposely motivated to make the offender realize that he/ she incurred an
obligation to make things right. In its application, the offender can be subjected to perform work service
measures, including, but not limited to any of the following:
Mentoring and Intergenerational Service - offenders will develop their nurturing needs thru caring for
other people; example: with senior citizens, with orphanages, or with street children.
Economic Development - to link directly with the business project; examples: cleaning downtown area, tree
planting, maintenance of business zones, housing restoration, garbage and waste management, cleaning of
esteros, recycling, construction, repair of streets, and the like.
Citizenship and Civic participation-experiential activities which involve solving community problems;
examples: puppet shows that showcase values, street dramas, peer counseling.
Helping the Disadvantaged - this will enhance offender's self-esteem; examples: assist handicapped, assist
in soup kitchen, tutor peers, visit the aged in jail and hospitals.
Crime Prevention Project - examples: Brgy. Ronda, giving testimony to the youth.
The probation and parole officer should ensure the adoption of these community work services to
facilitate the reintegration of the offender in the community.

C. Counseling (whether individual, group or family)

It will enhance client's interpersonal relationship and it will help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome painful experiences that drove him/her to
commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those with serious behavioral problems
an opportunity to discuss their problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
I. Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session
This session aims to develop healthy personal relationship within the family and to establish open
positive communication between family members and significant others. Family members should be oriented in
their individual responsibilities and roles.
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

Republic Act No. 8505

February 13, 1998
AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE
PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998."
Section 2. Declaration of Policy. - It is hereby declared the policy of the State to provide necessary assistance
and protection for rape victims. Towards this end, the government shall coordinate its various agencies and
non-government organizations to work hand in hand for the establishment and operation of a rape crisis center
in every province and city that shall assist and protect rape victims in the litigation of their cases and their
recovery.
Section 3. Rape Crisis Center. - The Department of Social Welfare (DSWD) and the Department of Health
(DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ) and a
lead non-government organization (NGO) with proven track record or experience in handling sexual abuse
cases, shall establish in every province and city a rape crisis center located in a government hospital or health
clinic or in any other suitable place for the purpose of;
(a) Providing rape victims with psychological counselling, medical and health services, including their medico-
legal examination;
(b) Securing free legal assistance or service, when necessary, for rape victims;
(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
(d) Ensuring the privacy and safety of rape victims;
(e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender
sensitivity and ser> legal management of rape cases;
(g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.

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 Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it shall be the
duty of the police officer to:
(a) Immediately refer the case to the prosecutor for inquest investigation if the accused is detained; otherwise,
the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c). Immediately make a report on the action taken.
It shall be the duty of the police officer or the examining physician, who must be of the same gender as the
offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical examination is being conducted.
For this purpose, a women's desk must be established in every police precinct throughout the country to provide
a police woman to conduct investigation of complaints of women rape victims. In the same manner, the
preliminary investigation proper or inquest of women rape victims must be assigned to female prosecutor or
prosecutors after the police shall have endorsed all the pertinent papers thereof to the same office.
Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint for rape,
the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize
the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or
the court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial
proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial and that the name and personal circumstances of the offended party and/ or
the accused, or any other information tending to establish their identities, and such circumstances or information
on the complaint shall not be disclosed to the public.
The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a
language or dialect known or familiar to them.

MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES

Like many countries, the correctional system in the Philippines has both an institution-based and a
community-based component. It also has separate treatment systems for youth offenders and adult offenders.
The custodial care of adult offenders is handled by the following:
1. The Bureau of Jail Management and Penology (BJMP) under the Department of Interior and Local Government
(DILG) which has supervision over all district, city and municipal jails and detention centers. These jails house
detainees awaiting judicial disposition of their case and offenders whose sentence range from one (1) day to
three (3) years.
2. The Provincial Governments, which have supervision and control over provincial jails. These jails house court
detainees and prisoners whose prison terms range from six (6) months and one (1) day, to three (3) years.
3. The Bureau of Corrections (BUCOR) under the Department of Justice (DOJ), which has control over the
national penitentiary and its penal farms, houses convicted offenders with prison sentences ranging from three
(3) years and one (1) day, to life imprisonment.
Youth offenders in the Philippines are treated differently. A youth offender is defined as a child over
nine (9) years but below eighteen (18) years of age at the time of the commission of an offense. Under the
country's laws, these youth offenders are entitled to a suspended sentence. Instead of serving their sentence,
they are rehabilitated in regional youth rehabilitation centers, which are managed and supervised by the
Department of Social Welfare and Development (DSWD).
There are ten (10) rehabilitation centers for youth offenders, one of which is a National Training School
for Boys and the other, a National Training School for Girls. Their stay in the center can be shorter than their
sentence term, depending on how they respond to the rehabilitation process therein.
The non-institutional treatment of adult offenders is managed primarily by the Department of Justice
(DOJ) through its Parole and Probation Administration and the Board of Pardons. Probation for adult offenders
is available to those whose penalty of imprisonment does not exceed six (6) years. It is considered as a matter
of privilege and not of right. Hence, the adult offender has to apply for probation before the court upon
conviction. This is also true for the parole system.

THERAPEUTIC COMMUNITY MODALITY BY PAROLE AND PROBATION ADMINISTRATION (PPA)

WHAT IS TC?
The Therapeutic Community (TC) is an environment that helps people get help while helping
others.
= It is a treatment environment with the interactions of its members are designed to be
therapeutic within the context of the norms that require for each to play the dual role of client-therapist.
= At a given moment, one may be in a client role when receiving help or support from others because
of a problem behavior or when experiencing distress. At another time, the same person assumes a therapist
role when assisting or supporting another person in trouble.

HOW DOES TC LOOK LIKE?

The operation of the community itself is the task of the residents, working under staff supervision.
Work assignments, called "job functions" are arranged in a hierarchy, according to seniority, individual progress
and productivity. These include conducting all house services, such as cooking, cleaning, kitchen service, minor
repair, serving as apprentices and running all departments, conducting meetings and peer encounter groups.
The TC operates in a similar fashion to a functional family with a hierarchical structure of older and
younger members. Each member has a defined role and responsibilities for sustaining the proper functioning of
the TC. There are sets of rules and community norms that members upon entry commit to live by and uphold.

WHAT ARE THE SALIENT FEATURES OF TC?

1. The primary "therapist" and teacher is the community itself, consisting of peers and staff, who, as role models
of successful personal change, serve as guides in the recovery process.

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 2. TC adheres to precepts of right living: Truth/honesty; Here and now; Personal responsibility for destiny;
Social responsibility (brother's keeper); Moral Code; Inner person is "good" but behavior can be "bad"; Change
is the only certainty; Work ethics; Self-reliance; Psychological converges with philosophical (e.g. guilt kills)
3. It believes that TC is a place where: One can change unfold; the group can foster change; individuals must
take responsibility; structures must accommodate this; Act as if - go through the motion.
4. There are 5 distinct categories of activity that help promote jerry the change:
• Relational/Behavior Management
• Affective/Emotional/Psychological
• Cognitive/Intellectual
• Spiritual
• Psychomotor/Vocational-Survival Skills

THERAPEUTIC COMMUNITY MODALITY PROGRAM BY THE BUREAU OF JAIL MANAGEMENT AND

PENOLOGY
PHASES OF TREATMENT
TCMP in the BJMP set up is quite unique in the sense that inmates are in custody while undergoing
trial for their individual cases. Their length of stay is determined by how fast is the disposition of their cases.
The cases may be decided upon after a short period of time or may last for years. Though the different phases
of treatment is observed, it cannot be fully implemented or may not be followed as scheduled due to the
uniqueness of the status of the residents.
Phase I- Entry/Orientation Phase
Once an inmate is committed to jail, he undergoes a series of examination to determine his physical, social and
psychological status. Upon his commitment, a resident is placed on orientation at the Reception and Diagnostic
room/ Orientation Room. In here, he is acquainted with the TC program:
• The rules and norms of the community
• TC concepts, written and unwritten philosophy
• The staff and the members of the community
• The tools of the house
• Job functions and TC hierarchy

He is then assigned a static group and a big brother who will provide him with support and will walk him
through the orientation phase. At this phase, the resident is handled gently and is expected to commit mistakes
in the process of learning the program. Sanctions on negative behavior are usually light with emphasis on
teaching.

Phase II- Primary Treatment

After proper orientation on the different TC concepts and tools, the norms and rules of the community
and the staff members, the resident is now ready to undergo the treatment proper. He becomes a part of the
community starting as a crew member of the Housekeeping department until he gradually ascends in the
hierarchy. He must be knowledgeable on the following:
• Proper use of the different tools to address personal issues and concerns and shape behavior
• Managing own feelings and learning how to express self appropriately
• Learning how to follow the rules and norms of the community
• Maximize participation in activities that are appropriate to the resident's need for growth
• Learning how to trust the environment by disclosing self to the community and develop insight in the process
• Developing positive coping skills to deal with difficult life situations
• Enhancing educational and vocational skills to make him productive
• Improve social skills and recognize the importance of other people's help in shaping behavior

Phase III- Pre Re-entry

Under regular circumstances, the resident is expected at this stage to have internalized the TC values
and concept to start life afresh. However, in the jail setting where entry and release are not within the jail
control, residents may not have reached this phase of treatment before they even leave the jail facility.
Regardless of the resident's length of stay, he is expected to undergo this phase prior to release into
society. At this phase, the resident is expected to have proven his ability to take on more responsibility hence
needs lesser supervision. He is considered a role model in the TC community. He should focus on the following
learning:
• Rebuilding of social and family ties
• Going up the ladder of hierarchy by showing leadership
• Realization of his full potential to be a productive member of society
• Mapping out of plans

Phase IV- Re-entry

In the ideal setting, a resident at this stage is now ready to be released back to society as he has
demonstrated adequate self-control and discipline. The inmate is now preparing for his life outside of jail and is
focused on making himself a productive citizen. He may start planning for job hunting and rebuilding family ties
and relationships.
In the jail setting, the residents will stay inside the jail until their cases are resolved or they
have been convicted and need to be remanded to the Bureau of Corrections.
The resident must focus on the following:
• Transition to life outside of jail.
• Creating a new lifestyle applying the tools and concept of TC.
• Learning positive coping skills to deal with day-to-day situations.

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 • Re-establishing and strengthening family ties and support group.
• Reintegration into the mainstream of society.
• Developing realistic and attainable goals in life.

Phase IV- Aftercare

Aftercare is an outpatient program that requires clients to report twice a week to an outreach center.
They are required to attend group sessions to ensure their adjustment to life outside jail to reduce recidivism.
For clients released from jail, they are referred to the Parole and Probation Administration and Local Government
Units for follow up and aftercare. The clients are focused on the following:
• Maintaining positive behavior and prevent recidivism
• Strengthening coping mechanism
• Maintaining relationships and support mechanism
• Sustaining interest in job or vocation to maintain livelihood
• Integration into society

STANDARD PARAMETERS FOR JAIL TCMP

A. Physical Environment:
• The internal and external environment is comfortable, clean and welcoming.
• TC Philosophy and unwritten philosophies are visibly posted around the facility.
• Hierarchical structure and daily activities are displayed.
• There is adequate space to hold activities and rooms for specific meetings that require privacy.
• A clean and well-maintained kitchen that complies with the sanitary standards of BJMP.
• Provision of recreation areas both indoors and outdoors.
• The dining area is equipped with enough tables and chairs to accommodate the inmates.
• Adequate sanitary toilets and bathrooms that provide privacy to users.
• Adequate space for sleeping and habitation that respects the individual's personal space.

B. TCMP Staff:
• The TCMP staff has undergone proper training on TCMP
• Presence of a permanent TCMP staff to supervise the program and conduct the various activities
• The TCMP staff will not be transferred to other jails until properly covered by another TC trained staff
• There is proper shift turn-over of TC trained staff on a daily basis
• TCMP staff can be utilized to handle other tasks but puts priority to TCMP
• Regular meetings are held by staff to discuss progress, issues and concerns about the program
• All the jail staff are involved in the TCMP and are contributing members
• The staff works as a team in delivering services to inmates
• The staff serves as role models and treats inmates with respect and dignity
• Incentives are given to TCMP staff in terms of awards and commendations

C. The Therapeutic Environment -The Inmates/ Residents:

• The residents treat each other with respect at all times regardless of age, religion, cultural diversity, etc.
• The residents practice a culture of honesty and openness in discussing thoughts and feelings, providing and
receiving feedbacks
• Confidentiality is respected and practiced
• The residents are involved in decision making and activities of TCMP
• The participants of TCMP are change agents among peers
• The residents comply with the cardinal and as "watchdogs" for their peers with erring members
• Absence or minimal incidence of jail violence/disturbance
• The residents respect the hierarchy and chain of command.

Participants of the TCMP conducts "Morning Meeting".

Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole community
and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine National Anthem and
the recitation of the TC Philosophy.
Therapeutic Community Program by the Bureau of Corrections (BUCOR)
The Therapeutic Community (TC) Program represents an effective, highly structured environment with
defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is accomplished
by re-shaping an individual's behavior and attitudes through the inmate’s community working together to help
themselves and each other, restoring self-confidence, and preparing them for their re-integration into their
families and friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in
the world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate
rehabilitation. It is implemented primarily but not limited to drug dependents.
BEHAVIORAL MANAGEMENT
INTRODUCTION
The Behavior Management is a component of Therapeutic Community Modality Program (TCMP)
that introduces the concept and mechanics of the various shaping tools to include Morning Meeting in order to
facilitate the management of and shape the behavior of the residents. This shows the essential elements and
significance of the tools which would provide the community common language, increase cohesiveness and
adapt to the moral and behavioral code of the tools application. The behavior shaping tools are ordered in
hierarchy to provide enough room for personal growth and learning. The community serves as a dynamic force
that motivates the individual to achieve positive behavior change.

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 PRE-MORNING MEETING
Duration/Frequency: Fifteen minutes’ daily
Participants: Senior residents, Counselor
Pre-Monitoring Meeting is done early in the morning prior to the Morning Meeting. Senior members of the
community will meet for about fifteen (15) minutes to discuss the attitude of the house the previous day. It is
also where the senior members formulate solutions to the concerns discussed and to be executed during the
day. The attendees will also discuss the activities to be engaged in the Morning Meeting and make sure that all
participants are ready with their corresponding parts and determine the amount of time to be allotted for each
part. The group will agree on the theme or concept of the day. This is to make sure that everything is ironed
out prior to the conduct of the Morning Meeting such as the validation of pull-ups and other concerns.

MORNING MEETING
Duration/ frequency: One-hour daily
Participants: All residents, Counselor
Morning Meeting is a daily ritual that starts the day in a TC facility. It is attended by the whole
community and lasts for an hour. It commences with the Opening Prayer, Singing of the Philippine National
Anthem and the recitation of the TC Philosophy. It is usually facilitated by any member of the community. It is
divided into two (2) parts namely:
(1) public announcements and community concerns and
(2) community-spirit building or up rituals.
The first part of the meeting consists of public announcements regarding important activities or
businesses and other information that the community needs to know. It is a review of how the community
performed in the previous day and check on the behavior of erring members through the conduct of "pull-ups".
A pull up is done as an expression of concern over the lapses of some members and encourage
ownership of mistakes on the violators. The pull-up is followed by affirmations of good deeds, display of
responsible concern towards peers or unselfish acts of some residents. This is to show that good deeds are not
left unnoticed and leave a feeling of self-worth to those concerned.

The first part of the Morning Meeting is a serious business where the members are expected to be formal in their
demeanors. Rules are set such as: no side talking, no cross legging, no laughing, hands on the laps and sit erect.
The Concept of the Day serves as a guide as to what direction the community is headed for the day. It is
elaborated by residents of the community to have a better understanding of the whole concept. The concept of
the day is preferably taken from the Unwritten Philosophies of TCMP.

The second part of the meeting consists of entertaining presentations to lighten up the mood and start the day
on a positive note. It somehow develops some talents and shed off inhibitions of participants.
PARTS OF THE MORNING MEETING
I. COMMUNITY ANNOUNCEMENT/CONCERNS
a. Opening Prayer (Ecumenical)
b. Singing of the Philippine National Anthem (Flag must be displayed) 60
c.TC Philosophy (Adopted translation)
d. Announcements
➢ Staff (Director, Asst. Director, Counselor & other personnel)
➢ Residents (Coordinators, Dept. Heads, Expediters)
➢ Report on Dorm Inspection by Chief Expediter

e. Community Concerns
➢ Pull-ups/ elaboration
➢ Affirmations

f. Concept of the Day

g. Verse of the Day
II. UP - RITUALS
h. News casting (Local, Natl, International, Sports and Weather News)
i. Entertainment (Choose either Song, Dance, Skit, Humorous Story)
j. Community Singing (Any song that has relation to the Concept of the Day)
k. Greetings

HIERARCHY OF BEHAVIOR SHAPING TOOLS

Behavior Shaping Tools (BST) is employed to strengthen the learning process and the practice of more adaptive
behaviors within the social learning environment. The major tools of the BST, such as the Talk to, Pull-up, dealt
with, Haircut, Learning Experience, General Meeting and Expulsion were developed as a means to correct
behaviors of the residents that violated the TC norms. The Hierarchy of Behavior Shaping Tools will serve as a
guide to determine which of the tools are appropriate to be used based on the severity of the infraction or
violations committed by the residents against the TC Rules as shown in Figure 1.
TALK TO
A "Talk to" is an outright correction done by any member of the TC community to another member who has
done a minor infraction but is not aware of it. It is a friendly reminder/advice about an unacceptable behavior
and must be done privately.

During a "Talk to", the resident is made aware of his/her negative behavior and the results it may have on others
and the environment. The feedback given to the resident who committed mistake is done in a positive way. This
is to evoke awareness on the part of the violators to avoid committing the same mistake and be given heavier
sanctions if done in the future.

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 PULL-UP
A Pull-up is done as a result of lack, missed or lapses in awareness in a resident. All the members of the
community are responsible to pull-up minor infractions done by peers. It encourages honesty, demeanor
awareness and owning up to one's mistakes. This is done when the violator is unknown and must be validated
first prior to bringing up in the Morning Meeting.

Pull-ups create a certain degree of dissonance on the guilty party whereby there is a strong internal conflict
whether to practice honesty or continue to live in a lie. When the resident is able to overcome the impulse to lie
and start practicing honesty, his commitment to live by the TC standards increases.

The resident receiving the pull-up is expected to listen without saying a word, assume that it is valid, quickly
display the corrected behavior and express gratitude in receiving it. After one member did the pull-up, other
residents who want to show concern can make elaborations to give emphasis to the infractions and concretize
the admonitions that need to be relayed to the violator. Two to three elaborations are ideal.

Too many elaborations are discouraged as they may take so much time. Focus should be given to the behavior
and not the person. It is meant to raise awareness and not to punish or embarrass the violator. Personal attacks,
shaming or the use of racist language are strictly forbidden during pull-ups. It should be emphasized that pull-
ups are done out of responsible love and concern to avoid creating negative feelings during the process.
In a situation wherein no one stood and owned up a negative behavior raised in the pull-up, the resident doing
the Pull-Up will narrow down the Pull-Up to make it clear and specific, stating the place and time of the occurrence.
In the event that nobody stood to own it up, the resident doing the Pull-Up will instead ask the community to
stand and there, he/she will deliver his pull up addressing the entire family believing that the violator is a
responsibility of the whole community.

Example of a Pull-up:
The moderator asks for someone who has a Pull-up. A member raises his hand and declared: "Who among my
brothers/ sisters did not flush the toilet after using it early in the morning?"
(Sinu-sino sa ating mga kapatid na naririto ang hindi nagbuhos ng tubig sa palikuran (kubeta)
pagkatapos gumamit kaninang umaga?)
A few people stood up to admit the pull up. The resident doing the Pull-Up then gives his/her admonition/advice
to the violators. The moderator asks for elaborations.
All members attending the Morning Meeting must raise their hands to show their concerns. It is noted that a
question must be asked mentioning the circumstances using the 3Ws (What, Where, and When). The violators
are not allowed to talk or respond but just stand, face the community and accept the admonitions. The number
of elaborations depends upon the number of Pull-Ups. The more Pull-Ups brought in, the less elaborations.
1st elaboration: "Brothers/sisters, we should always be aware of our actions. Going to the toilet is a routine
activity. It is a must that we should flush it after using to keep it clean. We should always think of other people
who might use it after us".
2nd elaboration: "Brothers/ sisters, whatever our wrong practices in the past are should be corrected here. We
need to put our lives in order. Flushing the toilet is a basic action that needs no reminders. We should always
practice cleanliness and good hygiene".
3rd elaboration: “Brothers/ sisters the reasons we are here is because of some wrongdoings. Let us leave all of
those behind us. Let us be aware of our actions and give consideration to other people. We should not impose
on others what we don't want to experience ourselves. Before leaving the toilet, make sure that you have done
what you are expected to do. Please be responsible."

DEALT WITH
Dealt with is done when negative behaviors or infractions to the House Rules/Norms are done for the second
time of same offense by a resident.
A panel of three (3) composed of a senior resident, peer and a friend are tasked to deliver a serious and stern
reprimand to the subjected resident.
Although the tool does not strictly require the presence of a staff, to attain its purpose, the staff should monitor
its conduct to ensure that the panel assigned to the task really acted appropriately. It is done privately in a room
or an area with no other else hearing the conversation.

HAIRCUT
Haircut is done when negative behaviors or infractions to the House Rules/Norms in same offense are done for
the third time or more or for first time grave offenses. It is a carefully planned and structured verbal reprimand
given by a Staff with four other residents - Senior Resident, Peer, Big Brother, and Department Head (Figure 3).
The tone is more serious and can be loud, harsher and exaggerated.

This is done to induce anxiety and eventually change the person's behavior. Before the group calls in the person,
they will discuss among themselves the order of speakers, how intense the haircut will be and what sanctions will
be given if any. The resident is then called inside and waits until he is asked to sit.

He will be asked if he knows the reason for his appearance. After the person's response, he will be asked to sit
and remain silent to enable him/her absorb all the advices.

The haircut gives emphasis on the behavior of the resident and the severity of the haircut should be appropriate
to the gravity of the offense. Each member of panel is given ample time to express himself without interruption
from the other members. The staff or peer who booked the haircut should not be part of the team so as to avoid
bias or subjectivity. Before a resident be subjected to Haircut, his/her infraction must be first investigated,
discussed and decided by the Disciplinary Board (Book II, Rule 2, Section 4 of the BJMP Manual. Sanction/Learning

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 Experience that has been decided upon by the jail Disciplinary Board and the TCMP staff will be imposed after
the Haircut.
LEARNING EXPERIENCE
A Learning Experience (LE) is an action or activity given to a resident who was subjected to Haircut or General
Meeting who did an infraction to correct or modify a behavior. LE may be task-oriented, written task or peer
interactions. Since TCMP is educational rather than punitive in its approach to behavioral change, the LE should
be done in a way that would remind the person of the negative attitude he has done without compromising his
human dignity. The intent of the LE is not to stigmatize the person but to motivate him to make restitutions for
the wrong doings he committed and redeem himself in the community.

The LE should be related to the infraction committed for him to focus on the behavior expected of him in the
community. It should not be given as a punishment but rather a motivation to develop more positive attitude.
This will develop a sense of responsibility on him while stressing his inadequacies. LE should be realistic and
humane. Putting a person on LE for more than one (1) week may lessen the learning objective. Putting the person
on LE for an extended period of time or sanctions that are far harsher than the offense or may deny him of the
basic necessities may border on abuse and violation of human rights.

Close supervision with clear goals increases the effectiveness of the sanction. Upon lifting the LE after seven (7)
days, the resident subjected to the tool will be accorded with a Senior Resident coming from his/her Static Group
who will provide guidance and continually monitors the performance in the house of fifteen (15) days on how the
resident assigned will give a self-report after out his responsibilities after the LE and state therein the resident’s
condition whether he/she needs further supervision. The authority in giving LE lies in the Disciplinary Board and
TCMP staff.
Examples of LE:
❖ If a resident has been missing out in his responsibilities in the kitchen, he can be assigned as in charge
of cleaning the kitchen for a specific period of time.
❖ If a resident repeatedly leaves his bed in disarray, he can be asked to provide orientation and
supervision to new residents on how to keep their beds neat at all times.

Categories of Learning Experiences:

a.Task-Oriented LE
➢ Pots and Pans
➢ Grounds and Landscaping
➢ Cleaning and Maintenance
➢ Time keeping (wake up calls, lights out calls)
b. Written tasks
➢ Composition or Essay
➢ Reproduction of TCMP Materials
c. Peer Interaction
➢ Reading and reporting of topic
➢ Announcements (Morning Meeting or House Meeting)
➢ Bans

BANS
Bans are sanctions to members who commit repeatedly infractions or violation to the Cardinal Rules by prohibiting,
disallowing or limiting an activity or affiliation to a group.
It somehow curtails some freedom of movement and association. This sanction causes unpleasant feelings which
people try to avoid hence may evoke behavioral changes in the future. It must be applied consistently after the
adverse behavior to emphasize the negative consequences. Privileges limited should have impact but must not
limit individual ability to meet personal hygiene, nutritional and emotional needs. A resident subjected to Bans
must be first processed in a General Meeting called for the purpose.

Examples of Bans:
• Regulation of visiting privilege
• Banned from attending Entertainment and Recreational activities

GENERAL MEETING
A repeated breach to the Cardinal Rules necessitates a General Meeting. Such issue should be discussed with
the community to point out to the violator the negative effect the behavior had on the community. Such offense
includes sexual acting-out with a fellow resident, taking drugs and engaging in physical fight with another resident.
Other facilities include stealing or even smoking as part of the Cardinal Rules. These behaviors pose a threat to
the community because they violate the established order and safety or the facility.

Procedure in a General Meeting:

1. A General Meeting is called and led by a senior member of the staff, usually the Director of the facility. The
extent of the problem is assessed to determine who among the community members are involved in the incident.
Those guilty of the offense are asked to sit in a prospect chair. This is to arouse anxiety and dissonance.
2. The Director sets the tone of the meeting and leads the community in an open expression of opinions and
feelings regarding the offense brought out into the community. He holds the community accountable for the slip
of its members as each is considered his "brother's keeper". The Director opens the floor for feedbacks, inviting
the community for self-reflection and accountability. The formation of the General Meeting is shown in Figure 4.

Example:

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 Director: "Good afternoon family! We are gathered here this afternoon because two members of our community
badly need our help. They engaged in a physical fight which caused some injuries in both of them. We have to
ask ourselves how we failed them. Why did we miss this brewing hostility between the 2 of them?
Remember, we are their keepers but we let them down by allowing them to harbor the hatred towards each other
without us noticing it or doing something about it. We lack awareness to detect the subtle signs that this incident
is coming. Now, our brothers are in this predicament because we were remiss in our duties to care for them. I
want you to account to me what led to this.

John: "Good afternoon family. I'm Mario and Greg's big brother but I failed to notice that something negative is
going on between them. I was preoccupied with my own business that I failed to talk to any of them these past
few days. Had I tried to reach out, I might have learned something and could have prevented this thing from
happening. I feel guilty about it.

These revelations are open to other members of the community.

3. As soon as the mood is set and the level of awareness of the community is raised, the leader calls for the
violators to face the entire community. The leader encourages the community to express their feelings about the
offense committed by the violators.
Example:
Peter: "Mario and Greg, I am very disappointed with what you did. You were supposed to be our role models but
what you did just showed us how immature the both of you in resorting to violence as a way of resolving your
conflict. You had been in the community for quite some time and we expect you to know how to control your
anger and use the tools of the house to express them. I hope you can be more patient and tolerant of each other.
I really feel bad about what happened.

4. After some members of the community have expressed their feelings, it is time for the violators to account for
what they did, share their deepest feelings and verbalize what they learned from the mistake.
Example:
Mario: "Good afternoon family! I would like to apologize for my behavior. I had been harboring this dislike towards
Greg for quite some time and I just kept it to myself for fear that other people might judge me. It just started as
a petty disagreement. I didn't think that it will develop and pile up until it came to a boiling point.
I should have shared my feelings in the proper forum so lion we could have resolved it without resorting to
violence. I've learned my lesson and I want to apologize to Greg for my behavior. I hope we can start all over
again as friends." Greg will be given the chance to make a statement as well.

5. After the violators made their statements and offer commitments, the Director will mark the closure of the
issue and allow for processing of the events that transpired and provide appropriate emotional support to the
violators who have just been subjected to intense emotional experience. Sanction will then be given to the
violators.

EXPULSION
In extreme cases, when a resident is incorrigible and becomes a threat to the community (Instigator, initiator of
jail disturbances), the Director with the recommendation of the Disciplinary Board may transfer him/her to the
nearest jail facility with an appropriate Court Order.

PSYCHOLOGICAL AND EMOTIONAL ASPECT

INTRODUCTION
Residents who are detained are basically psychologically and emotionally challenged. They share one thing in
common, that is being incarcerated with uncertainties as to the outcome of their individual cases. They feel
isolated, helpless and at times hopeless brought about by separation from their loved ones and society in general
and all their loved ones and society in general and all other issues that confront them while incarcerated. Such
emotional turmoil needs to be addressed to help them bounce back and experience a life of normalcy despite
their unique situation. The TCMP provides activities and services that cater to this particular need. This topic
tackles the discussion on the therapeutic value of processing of feelings which does not only lie on how freely
one expresses them but more so on the person’s ability to identify, acknowledge, and express them
appropriately.

COUNSELING
Counseling is defined as a professional activity of helping individuals, groups or communities enhance
or restore their capacity for psychological, emotional and social functioning and creating an environment
favorable for the attainment of these goals.
Psychosocial Skills and Characteristics of Counseling:
*Empathy is the ability to perceive the client's feelings and to demonstrate accurate perception of the client.
It is merely "putting oneself in the client's shoes". When the client feels understood, a sense of trust or "rapport"
is developed. Rapport paves the way to a more meaningful communication and may enable the client to
understand and accept more of his or her complexity of feelings.
*Warmth is also called "unconditional positive regard". It involves accepting and caring about the client as a
person, regardless of any evaluation or prejudices on the client's behavior or thoughts. It is most often conveyed
through our non-verbal behavior or bodily gestures.
*Respect is our belief in the client’s ability to make appropriate decisions and deal appropriately with his or
her life situation, when given a safe a supportive environment in which to do so. It is often showed best by not
offering advice or cheap comfort. The counselor and shows giving his him utmost respect to the client by
listening in silence and giving him the opportunity to design his own solutions to the problem. A similar term
for this is “empowerment’’ as the counselor likewise demonstrates that the values the integrity of the client.

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 *Congruence or genuineness is being honest and authentic in dealing with the client. It is showing real concern
rather than focusing on techniques during sessions. It is also being aware of the counselor's own unmet needs
and how it may affect his relationship with the client.

*Confidentiality means that anything discussed during counseling sessions is held absolutely private and not
to be discussed anywhere. This contract should be held sacred so as to maintain the client's trust and enable
him to disclose sensitive matters to the counselor without fear of any breach of confidentiality.

Pattern of Counseling Session:

1. Introduction: First 10 minutes
• Greet the client warmly.
• Smile and shake hands.
• Escort to the counseling room.
• Explain how the session is going to be to alleviate fears.
• This is the time to develop rapport.
• Assure client on confidentiality.

2. Information gathering: About 20 minutes

• Know the reason for consultation.
• Client can start anywhere.
• Counselor may take notes.
• Client needs to do almost all of the talking.
• Counselor may ask open questions or use techniques like clarifying, rephrasing, focusing, reflecting, reality,
testing, etc.

3. Discussion/ Counselor Input:

• Counselor tells the client what he thinks the client is saying.
• Counselor develops a list of concerns.
• Client would concur or not to the counselor's understanding.
• Prioritize problems and which one to work on first.
• Client will provide plans of action to work on specific problem.
• Counselor will assist in mapping out plans.

4. Conclusion:
• Motivate the client that "he can do it". If not, he may need to be referred to a Professional.
• Brief client on what to expect the next session (progress based on plan of action).
• End session on a positive note.
• Client should be able to list down things that he has to look forward to over the next few days. If not, this is
a red flag for suicide.

When to break Confidentiality?

1. Children are being neglected or abused
2. Appearance in court as a witness
3. Client expressed plan to commit suicide
4. Client expressed plan to harm others.
INITIAL INTERVIEW/ INTAKE INTERVIEW
TCMP participants in jail are unique as they are not necessarily drug users. TCMP is introduced as a
program for the development of inmates while they are awaiting trial. The intake interview in the jail setting is
done by a Counselor to newly admitted residents. The main purpose is to elicit information about the resident
and provide information about the program and what the expectations are on both parties. Full and honest
disclosure is expected on the resident to elicit adequate and elaborate information and come up with the proper
treatment plan.
Participants: Newly committed residents, Counselor
Duration: 1 hour
Procedure:
1. After the booking procedure, the Counselor/IWDO will conduct the initial intake interview to the newly
committed residents using the intake interview form.
This is done only in a designated area and one resident at a time.

ONE TO ONE COUNSELLING/INDIVIDUAL COUNSELING

Duration and Frequency: One to two hours per session/depending upon the needs as designed by the
counselor.
Participants: Counselor and Resident
Procedure:
1. Individual counseling is a helping tool between the residents and counselor. Residents are usually referred
to the counselor as needed by peers or staff based on the residents' behavior.
2. The counselor uses different techniques and methods in counseling.
3. The resident discusses different issues which causes his/ her difficulties.
4. Follow-up sessions will be done depending upon the needs resident.
5. The length of the sessions will be determined by the progress of the resident.

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 GROUP COUNSELING
STATIC GROUPS
The Static Group is a permanent group of peers and leaders that meet regularly while the residents
are in treatment. It is a sort of "home" group who provides support for one another and to the new members
of the community. This is designed to provide a forum for self-expression and disclosure. It is usually facilitated
by senior members of the group. It focuses on group relationship and patterns of behavior.

Duration/ Frequency: one hour/once a week

Participants: 10-15 residents, Counselor
Procedure:
1. Once a resident enters the jail, he/she is assigned to a particular Static group. It serves as a permanent
group that addresses the general issues in treatment.
2. It utilizes confrontation from peers to evoke changes in behavior though the group is primarily supportive.
The group provides immediate support to new members of the community
3. Each resident member is encouraged in expressing and disclosing personal issues and concerns and receives
feedbacks from the other members. Violence and threat of violence are prohibited.
4. For each session the group may discuss any topic of desire or may follow certain themes for a more systematic
flow of discussion.
5. By using confrontation, identification, support, affirmation and giving feedback, residents learn and practice
the TC norms and values.
6. The residents are oriented to new and positive coping styles which they can utilize to live a new lifestyle and
attain personal growth and better relationships.
7. When their emotional needs and problems are properly addressed, their positive behaviors and attitudes
emerge and they will eventually feel better about themselves.
8. Focuses on the issues of the "here and now". Personal disclosure of the past is allowed if it affects the
present. Confidentiality is strictly observed.
9. The static group does away with negative socialization and employs positive re-socialization through a caring
relationship with peers.

PEER CONFRONTATION GROUP

The group participants in Peer Confrontation group are selected by the staff and group according to peers like
adult members will go with the same date of entry in the facility and same goes with the middle and young
members.
It is done in a more compassionate way where each resident tries to help one another. Participants confront
each other on what they do for themselves while in the facility and ask how they are coping with it.

Duration/ frequency: one hour/ twice a month

Participants: 10-15 residents, Coordinator
Procedure:
1. Participants will sit in a circle position.
2. Staff may sit just outside the circle or there may be no staff.
3. There is no particular order of speaking. It is conventional and free - wheeling.
4. Participants may start with a prayer.
5. Participants may then say "What do you say about me? Or Please give me a feedback on my progress here
"or how do you see me?
6. Any of the other participants may give an honest, straight come forward feedback. Tone and feeling should
be proportionate to the issue.
7. Peer confrontation is done in a compassionate way where each resident try to help one another and identify
certain issues which could be a hindrance to his recovery.
8. At the end of the sharing, the resident is asked a commitment about issue that he feels uncomfortable dealing
with.

SECRETS
Secrets are a group activity where participants are given the opportunity to unload emotional baggage and thus
experience freedom from internal psychological conflicts.
It promotes trust among the participants knowing that each will reveal his utmost secrets to the group. It also
aims to deepen mutual respect among the participants.
Duration/ frequency: 1-2 hours/ once a month
Participants: Staff, 10-12 residents
Procedure:
1. Form a group of 10-12 residents, preferably of variedly different persons.
2. Each one is instructed to go to a place where they can be alone and free from distractions.
3. In a piece of paper, the resident will write a letter to himself about an event in his life which he has been
keeping as a deep secret because it has caused a lot of pain, guilt, shame or anxiety.
4. The letter is written as if he is addressing it to somebody and could start as "Dear friend". He should not
state his name or any name and place which could lead the group as to the writer. He may write it in a way
that would not give away any hint. This is done for 30 minute.
5. The group then converges and all the rolled letters will be placed in a bag. The residents will be seated in a
circle. The first one will be asked to pick up a letter and read it aloud to everyone as if he is reading his own
letter. The rest will provide advice, moral support, motivation or encouragement to the reader. No criticisms or
negative comments are encouraged.
6. The facilitator admonishes the participants to refrain from curiously trying to find out the owner of the letters.
Everyone is likewise admonished to keep the discussions strictly confidential.

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 7. After all the letters were read, the facilitator will do a brief processing focusing on the feelings of the
participants and how it affected each one of them. The group may choose to pray as a closing ritual.
8. Before the group adjourns, the facilitators collect the letters and burn them in a clay bag or garbage bin as
a symbolic ritual of letting go of all the hurts and pains and not allowing them to hinder their future growth.

ENCOUNTER GROUPS
The Encounter Group serves as a "safety valve" within the community which is usually high pressured and
structured. It is a forum for members of the community to verbally express pent-up or negative emotions within
a structured and safe environment without resorting to violence or aggression and without fear of reprisal.
There are strict behavioral norms and rules observed during an encounter group such as no violence or threat
of violence, no attack on personal dignity, speak only for oneself and remain seated at all times. The language
used in expressing their feelings is seldom restricted though in the Filipino culture, use of foul language is
avoided to prevent harboring of negative feelings from the receiver. The primary goal of an encounter group is
to raise awareness of behaviors and explore the underlying feelings that led to such negative emotions.
Duration/ frequency: 1- 1 1/2 hours/ once or twice a week
Participants: Counselor, 2 co-facilitators, 8-10 residents
Procedure:
1. A resident may drop a slip on another resident stating his name, the name of the person he is dropping a
slip and the reason for dropping the slip. Only feelings of hurt, anger and concern can be reasons for encounter.
2. The staff will choose his co-facilitators who are also staff members. Once he has gathered 2 or 3 slips, he
may schedule an encounter group.
3. The facilitator will arrange the group in a circle in such a way that the two parties involved are seated opposite
each other. The facilitator should be able to guide the flow of conversation and should be skilled enough to
interrupt anytime he feels that the safety of the group is being compromised.

4. The flow of the encounter should pass through the four (4) phases:
a.) Confrontation: This phase involves verbalization of concerns or honest disclosure of emotions that has
been provoked during interpersonal interactions with another resident. Regardless of the cathartic nature of
expression, the rules of the encounter group should always be respected. The focus should always be about
how one feels because of the behavior of the other. There should never be any attack on one's persona but
rather on his/her behavior. Each should be allowed to express himself before a rebuttal is allowed. Name-calling
and other hostile languages may not resolve the problem and may even heighten the animosity between both
parties. This phase consists mainly of exchange of verbal expressions of emotions as a way of release.
b.) Exploration: In this phase, all the feelings that were expressed are further examined and explored and
find out how it could have resulted in such way in order to evoke awareness on the connection of behavior,
feelings and attitude.
In this phase, blaming or finger pointing at one party is avoided. It will only cause resentment form one party.
This phase hopes to enhance the insight of both parties and encourage ownership of one's mistake and take
accountability for his/her actions. It gives both parties the opportunity to examine themselves in relation to their
conflict with the other party.
c.) Resolution and Commitment: After some realizations and attaining some insights into their behaviors,
the residents are now ready to move to the last phase to practice new behaviors. From the feedbacks received,
the resident involved will now express how he feels about the whole thing and may own up his behavior which
has caused the conflict. He then goes onto make commitments to avoid such occurrence in the future. Such
commitment made by the residents will be monitored to make sure that they are being put to practice to avoid
lapses.
d.) Socialization: This is a structured social event where all those involved in an encounter will have ample
time to mend fences with those they have offended or hurt in the past. The purpose is to achieve closure,
reaffirm relationship and maintain the unity of the community so that all those involved can move on and leave
the past behind.

EXTENDED GROUP
The Extended Group (Probe, Marathon) are usually composed of 5-12 residents and is being facilitated by 2
highly trained staff members.
It may las t for 8-72 hours. The participants must have at least 4 months in the programs and have shown
adequate stability before he can be included in the activity. It is a potentially intimate and intense session which
needs a significant amount of preparation. It focuses on the “here and now’’ but allows a deeper exploration of
issues that affects new behavior. Special subject’s ma y be the focus such as sexuality, trauma, etc.

SPECIALIZED GROUPS
LOSS AND BEREAVEMENT
Duration/frequency: one hour once a week
Participants: 10-15 residents
Procedure:
1.Facilitator is knowledgeable in conducting the sessions and managing the time.
2.The group is very supportive and compassionate.
3.Facilitator discusses the process of grieving and the impact of losses, mad feeling attitudes and behavior
derived from the loss of a loved one.
4.Counselor gives some suggestions on how they would handle the situation appropriately when there was
another similar situation.
5.At the last sessions, each participant was required to write a letter to someone or a buddy to tell about the
past and what they will do in the future regarding losses.

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 WOMEN'S GROUP
Duration/ frequency: one hour once a week/ might last for six sessions
Participants: 8-15 residents, Counselor
Procedure:
1. Held once a week and run by TC personnel. It provides an opportunity for all female residents to share and
discuss their feelings on women's issues: family, relationship, self-identity, self-image, societal role and
reproductive issues.
2. Issues to be tackled are gender specific problems and aims to help female residents identify their challenges
and needs.
3. Residents are helped to explore and understand the relationship between women's issues and their influences
on them. It enhances self-understanding among women.
4. They can also help each other through mutual support and concern.

MEN'S GROUP
Duration/ frequency: 1 hour once a week
Participants: 8-15 residents, counselor
Procedure:
1. Topics include expression of feeling, reveal of true self, dealing with feeling and how to avoid abusive
relationship, family conflicts, sexuality and sexual relationships.
2. Group sessions enabled each of them to identify, express the feeling related to the trauma and lessons
learned from those experiences.
3. The counselor who raised the issue will be the one to conduct it.

MEDICATION SUPPORT GROUP

Duration/ frequency: as long as the residents are on medication
Participants: Residents on medications and Jail health personnel
Procedure:
1. Counselor holds the group once a week who are on medical and psychiatric medication.
2. Group members are educated on different kinds of medical and psychiatric problems and its effects.
3. Sharing on the intake of medicines and its side effects of taking it.
4. Cohesiveness is enhanced.
5. Share and discuss how to face their difficulties, coping with the disease and problems encountered while they
are on medications.

ANGER MANAGEMENT
Duration/ frequency: 1 1/2 hours for 6 weeks/as needed/curriculum based
Participants: 10-15 residents
Procedure:
1. Facilitated by a counselor.
2. Questionnaires are provided to the residents to answer how they demonstrated their anger before they came
for treatment and while in the facility and how they go through it.
3. Participants are selected based on interview and attitude showed while in treatment.
4. The group is an avenue for the residents to know their anger feelings and acquire new knowledge and
information on how to deal with their feelings on different situation and personalities.

PRE-RELEASE INTERVIEW
Participants: Resident/s to be released from jail, IWDO, Admin and OD
Duration: 1 hour
Procedure:
1. IWDO should coordinate with the Paralegal Officer to monitor the status of the case of the residents.
2. If possible, immediate member of the family is/are present ajo before the residents will be released from jail.
3. Do a pre-release interview to conduct an assessment of the resident's potentials and map out plans after his
release from jail.
4. IWD should coordinate with service providers for his/her referral for aftercare.

INTELLECTUAL AND SPIRITUAL COMPONENTS

INTRODUCTION
Can spirituality and intellect go together? Is spirituality and intelligence at odds with each other?
Intelligence and spirituality ultimately follow the same path. By embracing intellect to its fullest extent,
one will eventually arrive at a sense of spirituality. Our actions are governed by intelligence; we achieve the
best results when we make the most intelligent decisions. But if we go home, meditate, and begin asking
questions like, "What is the purpose of my life?" we have to load up a different set of rules. Now we've
supposedly left the territory of the intellect and entered the spiritual realm. We try to interact intelligently with
our outer world and spiritually with our inner world.

Spirituality in TC
Spirituality is any action or activity that reflects or brings out the goodness in a man. Spirituality in
TCMP is designed to respond to the inner longing of residents to find greater faith where they can anchor
themselves within their struggle to find meaning to their existence.
It summarizes a man's relationship with himself, others and the Supreme Being. The spiritual
component provides the residents with activities that would help them explore the meaning and purpose of
their existence and their particular place in the world.

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 Intellectual Component
The intellectual component on the other hand responds to the natural human characteristics of
yearning for knowledge in order to attain a higher level of understanding.
A well-structured and well-implemented Intellectual Component is a factor in establishing a Therapeutic
Community for the residents. It helps the residents restore their self-esteem as their minds become open to
ideas and their intellect does not cease to feed on a free and open interchange of opinions.
Providing worthwhile opportunities for learning/ education will facilitate regaining their - that human
being quality law-abiding and self-respect thereby making self-realization – that being law-abiding and
productive, both during their stay in the facility and their eventual release in the society's mainstream is the
real essence and measure of development.

Procedure:
1. Select a topic related to expertise of the speaker/lecturer beneficial to the residents.
2. Schedule the activity.
3. Preparation Phase
4. Seminar Proper

THE TC PHILOSOPHY
The TC Philosophy is recited daily during the Morning Meeting. It embodies all the challenges and
aspirations of most residents who feel alienated and the desire to overcome the imposed limitations on their
freedom and find their own place where they could feel safe and welcome. It acknowledges the importance of
fellowship in shaping one's behavior and motivating one's fortitude of helping himself and others. It likewise
serves as his anchor in times of emotional turmoil which he can always go back to and reflect. It forms emotional
binding among the participants knowing that they are grounded on the same philosophy.

1. Surrender
"I am here because there is no refuge, finally from myself"
I am where I am right now because I admit that something went wrong with my life that I have no control
over. I admit that I need the help of a Higher Power and of others to bring positive change in my life.

2. Self-disclosure
"Until I confront myself in the eyes and hearts of others. I am running. Until I suffer them to share
my secrets, I have no safety from them. Afraid to be known, I can neither know myself or any
other: I will be alone."
I now know that unless I come out in the open and admit my mistakes, I will forever be running from them. I
need to disclose my deepest secrets to my peers so that I can find the right ways of dealing with them.
By opening myself up for others to see through me, I will be free from my own demons and let others guide
and help me though my ordeals. Nobody can help me unless I let them know my woes and let them understand
that like them, I also need help.

3. Reflection
"Where else but in our common grounds can I find such a mirror?"
There is no better place to disclose my feelings than in a place full of people with similar experiences where I
feel safe and free from prejudices. People are here for different reasons but with a common problem. It is easy
to identify with somebody who is going through the same experience as me.

1. Self-realization

"Here together, I can appear clearly to myself, not as the giant of my dreams not the dwarf of my
fears, but as a person, part of the whole with my share in its purpose"
When I start to understand myself better, I began to realize how all my negative behaviors came to be. It is
easier to deal with something when we understand its roots. I will learn not to look at myself as too big or too
small to handle all my worries. I will learn that I will deal with them as a person among others who are united
together to help each other by relating our similar attitudes and behaviors.

2. Growth

"In this ground. I can take root and grow"

I realize that this environment can help me overcome my mistakes and start a new life. I can anchor myself in
this community to foster permanent change.

3. Self-worth

“Not alone anymore as in death, but a live to myself and to other’’

I begin to believe in my ability to overcome all my challenges and give out all my best for myself and others. I
also believe in my ability to be of help to others who are in similar situation.
TC UNWRITTEN PHILOSOPHIES
The unwritten philosophy of TC consists of slogans or aphorisms that are verbally given to the residents to
impart the beliefs and values of TC in relation to their day to day living. These sayings are used to remind the
residents as to what are considered important to them.

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 1. "Honesty"

A lot of residents continue to live in a lie without the fear of its consequences. This virtue points out the
importance of truth and its relevance to recovery.

2. "Responsible love and concern"

The residents will learn how to give and accept criticisms without resentment. Bonded by trust and confidence,
the residents know that mistakes need to be corrected if the aim is to bring the other towards behavioral
change.
3. "To be aware is to be alive"

Residents learn to be conscious of what is going on in the environment. In TC, minor attitudes are engrossed
to prevent major attitudinal problems to arise.
4. "Trust in your environment"

There will be no change if there is no honesty and disclosure. Before doing so, trust must be established. One
should believe that the program can help him. In doing so, he will learn to accept the program and use its tools
to evoke changes in himself.
5. "Be careful what you ask for, you might just get it"

Man by nature is ambitious. We never get contented with what we have. We want more, even if having so
would lead us to commit mistakes. We should learn to appreciate what we have and use it to better ourselves.
6. "No free lunch"

In reality, nothing really comes easy. If we aim for something, we have to work for it. There is no pride in
getting something the easy way. It is hard to let go of something that we labored for. Change will not come if
we will just wait for it to happen. We have to make it happen.
7. "You can't keep it unless you give it away"

Knowledge or learning is better appreciated if shared with others. Something becomes valuable if used to help
others make positive changes in their lives. Helping others help us in the process as we start to feel good about
ourselves.
8. "What goes around comes around"

"Whatever you do unto others will be done unto you". Any good deed will be rewarded while evil deeds will be
punished in the end. We should always be mindful of our actions as they are the parameters of how we will be
judged in the end.
9. "Act as if"

Learning and accepting the TC program is not easy. Most residents feel resistant towards it. This philosophy
teaches the residents to go with the flow as a way of compliance. In the process, they will learn to embrace it
and the behavior will soon become natural.

10. "Understand rather than be understood"

It is sometimes common for us to be selfish. We find it hard to admit our mistakes hence we tend to blame
everybody but ourselves. We expect everyone around us to understand our wrongdoings but we seldom make
an effort to understand others. Understanding others is a virtue because it speaks of humility and patience. If
we take the first step to know where others are coming from, there would be lesser conflicts in relationships.
11. "Personal growth before vested status"

Sometimes, we become so wrapped up in our own status or positions in life that we tend to forget to develop
relationships with the people around us. We should cultivate our personal abilities before we scale the ladder
to success.
12. "Compensation is valid"

A reward for working hard is well deserved. We get what we put into.
13. "Forgiveness"

To accept what has been done, move on and get over the hurt and anger gives us a feeling of inner peace and
happiness. Failure to get over the pains will pin us down and stunt our progress.
14. "Humility"

To humble one' self before others is a laudable virtue. We are often enveloped by pride that it is difficult for us
to lower ourselves and admit our inadequacies and limitations. By doing so, we develop a fair insight about
ourselves thus giving us the challenge to improve ourselves.
15. "You alone can do it, but you can't do it alone"

Oftentimes, we feel invincible and indispensable knowing that certain tasks can only be accomplished by us.
We don't realize that we have certain limitations that without the help of others, the burden will be too great
for us. We should learn to reach out for help and admit our weaknesses.
16. "Pride in quality"

Time flies so fast that we tend to hurry in everything we do. We lose our focus and do things haphazardly just
for the sake of completion. We should always seek for quality in our work. The product of our labor speaks of
our attitude towards life in general.

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 17. "Feelings don't think"

We usually react impulsively to things around us because of our feelings. Before we can even think, an action
has already been done. Everything starts in the mind. If we think before we act, chances are, we will behave
with contempt as we have analyzed the process before the action.
18. "Guilt kills"

One of the underlying reasons for depression is guilt. It is a feeling of shame and self-blame. If a guilt remains
unresolved, it can be turned inwards, thus resulting to self-inflicted harm.
19. "Hang tough"

Sometimes, we feel that there is no end to our miseries and we feel helpless and hopeless. No matter how dim
life seems to be, there is always hope. In every problem is a solution. Every problem is a learning experience
that would make us tougher in dealing with life's challenges.
20. "You are your brother's keeper"

In TC, each one is responsible for the other members of the community. The failure of one is the failure of all.
This gives all the residents a sense of responsibility in shepherding others. The success of the program is a
reflection of how one cares for the other.

THEME/ CONCEPT OF THE DAY

It refers to a word or saying that will serve as a guide for the community to ponder upon in relation to their
day-to-day interactions and behaviors. It is elaborated during the Morning Meeting by some members of the
community to emphasize its relevance and how it can stimulate the residents' thoughts and help them change
their behavior into something positive. It can also be taken from the Unwritten Philosophies.

MEDITATION: DISCOVERING YOUR INNER SANCTUARY

The visualization meditation is used to help an individual establish a practice of moving his attention within,
finding his place of relaxation and peace by contacting his inner wisdom. This experience is unique for everyone
so much so that one's experience may be different from the others. Some may experience visual imagery while
the others may not. What is important is to do it the most easy and natural way in order to attain the goal and
have the opportunity to relax and enjoy the process. After the activity, ask the participants how they feel and
what have they learned from the experience.
Duration/ frequency: 1-2 hours/ once a month
Participants: Residents, Facilitator
Procedure:
A facilitator is present to give the instruction to the participants. Soft background or meditation music can be
used. The instruction goes this way:
"Ang ehersisyong ito ay magsisimula sa pamamagitan ng paghahanap ng posisyon na komportable sa iyo.
Pwedeng nakaupo o nakahiga. Kapag nakaupo, siguraduhing nakalapat ang likod sa upuan, nakalapat ang
dalawang paa sa sahig at ang mga kamay at braso ay naka-relaks. Kung nakahiga, humiga ng ang likoday
nakalapat sa sahig at ang katawan ay naka-relaks."
"Kapag ikaw ay komportable na, ipikit ang mga mata at damhin ang nararamdaman ng katawan. Kapag
nakaramdam ng tensiyon, huminga ng malalim at isiping dahan-dahang nawawala ang tensiyon ng katawan at
ito ay tuluyang nagiging relaks."
"Una ay isipin ang mga daliri ng paa at mga paa.Isipin na ang mga ito ay dahan-dahang nagiging relaks"
'Susunod ay ang iyong mga binti at tuhod. Dahan-dahang ilagay ang mga ito sa posisiyong nakapahinga"
"Dumako naman sa balakang at puson.Isipin na ang mga parting ito ng katawan ay tuluyang nagiging relaks.
Huminga ng malalaim para tuluyang ma-relaks ang mababang bahagi ng katawan."
"Dumako naman sa tiyan at mga bahagi sa loob nito.Isiping ang mga ito ay dahan-dahang lumalambot at
nagpapahinga."
"Isipin ang mga parte ng dibdib ,likod, balikat, braso, kamay at mgadaliri.llagay ang mga ito sa posisyong
nakapahinga."
"Dumako naman sa leeg, ulo, mata, talukap, tenga at panga.I-relaks ang mga ito.Huminga ng malalim at dahan-
dahang ilabas ang hangin kasama ng paglabas ng lahat ng tensiyon sa mga parting ito. Damhin ang enerhiyang
pumapasok sa katawan at naglalabas ng lahat ng natitirang tensiyon.’’
“Habang humihinga ng malalim, i-relaks ang isip na para bang ito ay bahagi ng katawan. Iwaksi ang anumang
isipin hanggang sa ang itong utal at isip ay nagiging tahimik at walang bumabagabag.’’
“Habang humihinga ng malalim, dalhin ang kamulatan sa isang napakalalim na lugar sa sarili”
“Isipin na iakwa ay naglalakad sa isang napakagandang kapaligiran. Maaring ito ay nakikita sa iyong isip o
pwedeng magkunwari na ikaw ay nasa isang lugar na katulad nito. Habanag naglalakad sa kapaligiran, nakikita
moa ng kagandahan nito ay nararamdaman mon a lalong nagiging relaks ang pakiramdam.
"Isipin na ang napakagandang lugar na ito ay iyong nakikitaat nararamdaman.Napaka-espesyal ng lugar na ito
para sa iyo. Maaaring ito ay may mga puno, naggagandahang bulaklak, ilog, dagat at bukid. Ang napakaganda
at tahimiknalugarna itoay malapit sa iyong puso at ito ay ang iyong sariling "inner sanctuary" na walang
pwedeng makarating kung hindi ikaw lang."
"Damhin mo ang simoy ng hangin sa iyong "inner sanctuary" Nararamdaman mo ba ang sikat ng araw at
hangin? Naririnig mob a nag huni ng ibon at insketo? Naririnig mob a ang hampas ng alon sa dagat? Damhin
mo ang para sa iyo ay nakapagbibigay kasiyahan sa iyo”
"Tingnan moa ng paligid sa iyong ‘inner sanctuary’’ at hanapin ang isang lugar makapagbibigay sa iyo ng
magandang pahingahan. Gamitin ito na lugar para ikaw ay umupo o mahiga kung kailangan.’’
“Damhin ang kapanatagan ng loob habang ikaw ay nasa inner sanctuary mo. Isipin ikaw ay tulad ng isang
spongha na sinisipsip ang lahat ng kabutihan sa paligid”

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 "Ngayon, dalhin ang kamulatan sa isang napakalalim at tahimik na bahagi ng iyong sarili hanggat matagpuan
moa ng iyong lugar na katahimikan at kapayapaan. Dito ikaw ay ligtas sa lahat ng problema at anumang dalhin
sa buhay. Hayaan ang sariling damhin ang kapayapaan kung saan walang kailangan gawin kundi ang hayaan
ang sarili na maranasan ng buo ang kapayapaan at kapanatagan ng kalooban."
"Sa iyong lubos na kapayapaan, mahahanap mo ang iyong sariling kaalaman na makapagtuturo sa iyo ng iyong
mga pangangailangan atnagbibigay ng tamang gabay sa pagtahak sa buhay.Kahit hindi mo ito nararamdaman
o hindi ka nainiwala dito, hayaang maniwala o isiping na niniwala sa presensya nito. Maniwala man o hindi, ito
ay naririyan sa kalooban mo."
"Kung may mga tanong ka sa iyong "gabay", magtanong ka. Maging tahimik at pakiramdaman ang
sagot.Maaaring marinig ito, Makita bilang imahe or maramdaman. Sa papaano mang paraan, maging bukas at
hayaan itong pumasok sa iyong kamulatan.Maaari ding hindi ito maramdaman. Maari itong dumating sa mga
susunod na panahon. Tanggapin ang anumang karanasan.
"Kung may karagdagang tanong sa iyong"gabay", tungkol sa pagibig, problema o anumang nangangailangan
ng sagot, magtanong at ang pinto ay magbubukas upang malaman mo ang sagot. Maaring ang mga sagot ay
kakaiba sa inaasahan subalit ito ay darating.’’

SEMINARS
Seminars are activities in TC that provide intellectual stimulation and seek personal involvement among the
residents. It is a way of providing information, improving the resident's speaking and writing abilities and
enhancing their listening ability so as to understand all the information being presented.
Duration/Frequency: 1-2 hours/ once a week
Participants: Residents, Facilitator
Types of Seminars:
1. Discussion- open format and allow for group participation
2. Data Sessions -given specific information and games
3. Games- mind-expanding activities to elicit thought, creativity, and imagination
4. Seminar series on varied topics
THE DEBATE
The debate is introduced to provide the residents the opportunity to learn how to reason ably and put together
arguments in a logical manner. This is also an exercise on how to listen and formulate ideas and demonstrate
a broader understanding of certain issues. It gives the participants certain insights on other's opinions which
may be opposite to their own.
Duration/Frequency: 1-2 hours/ once a month
Participants: 20-30 residents, facilitator
Procedure:
1. Divide the group into two, according to gender or depending upon the topic for debate.
2. Assign a group for "pro" and the other as "con"
3. Choose the first speaker for each group. Each group is given 5 minutes to gather their thoughts on the issue.
Each speaker is given 2 minutes.
4. The "pro" group is first to give their opinion on the issue for 2 minutes. A rebuttal for 2 minutes is allotted
for the "con" group.
5. The exchange of opinions is allowed for a few minutes more. Once the majority has spoken, the facilitator
will switch the stand so much so the "pro" will now become the "con" and vice versa.
6. After the activity, the facilitator will process how the group felt when they have to defend an issue which is
contrary to their beliefs and if they could see the reasonableness of the other's arguments? What have they
learned from the activity?
GAMES: THE "GRAB BAG"
The "Grab Bag" is a form of seminar which enhances the residents" ability to communicate, analyze ideas and
develop insights about themselves with the use of identification with inanimate objects.
Procedure:
1. Divide the group into small groups of 10 members with one facilitator per group.
2. Each facilitator will have a plastic bag/ container with different items inside
3. Without peeping, each resident will grab one item inside the bag. He/she will be given 3-5 minutes to tell
something about the item, describing it as if he/she were the object, what it is made of and its use.
4. Each resident takes turn until every member of the group has picked an item and speak.
5. The facilitator will process the activity and ask the group how they feel about the activity and what insights
they have gained.

SATURDAY NIGHT ACTIVITIES

This activity is held every Saturday as a recreational event purposely to instill fun, humor and entertainment
after an intense and hectic week. This gives the residents the chance to let loose and socialize. Each static
group is assigned a specific task or presentation to develop talents among the residents.

VOCATIONAL/SURVIVAL SKILLS
INTRODUCTION
The development of vocational and survival skills starts at the beginning of performance in job
functions in the TC Community which has substantial value to the individual. Its aim is not only to detain or
confine residents but also to challenge them to learn vocational skills for their reentry to the community.
Vocational rehabilitation helps the individual to become less dependent, adapt himself and become more
independent by making positive changes.
An attitude is a set of feelings, thoughts and disposition. Attitudes determine how one will act. Attitude
stems from the way one thinks, feels and behave. The ideas formed from one's thinking will be translated into
feelings. Thinking coupled with feelings will determine the reaction of an individual to certain situations. The
person's attitude will shape his ability to learn and absorb all the teachings inside the program.

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 It will design his willingness to take on responsibilities and develop oneself. An individual's attitude is
relevant to his development in the area of vocation and occupation. It speaks of his adaptability and flexibility
to the different tasks and functions. It will predetermine how he will later on perform in the hierarchical ladder.
The development of skills is inseparable with the other components of TC as each component plays a vital part
in the shaping of one's attitude.

ORGANIZATIONAL HIERARCHY OF THERAPEUTIC COMMUNITY

Participants: Personnel and residents
Procedure:
1. The senior member of the staff, usually the Director identifies the counselors coming from the staff/
personnel.
2. As of the soon community as the counselors will submit were application identified, for certain the residents
desired positions as indicated at the hierarchical structure.
3. The applicants will be interviewed by the staff (Director, IWDO, Chief Escort and Custodial).
4. After the interview, selection of applicant for key positions (Coordinator & Department Head) is done through
the use of Socio metric pointing.
5. Crew members will be assigned as per assessment of the IWDO. Chief Escort and Custodial.
6. New residents will be assigned automatically at the housekeeping department for one month for orientation
purposes.

The TCMP Hierarchical Structure (TYPE A)

CLASS- A TC COMMUNITY (JAIL POPULATION - 1,000 UP)
1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING DEPARTMENT - Records
4. GROUNDS/ LANDSCAPING DEPARTMENT - Custodial
5. LAUNDRY DEPARTMENT - Logistics
6. MAINTENANCE DEPARTMENT - Operations
7. SPECIAL SERVICE DEPARTMENT – IWDO
8. EXPEDITING DEPARTMENT – Paralegal/ I&I
The TCMP Hierarchical Structure (TYPE B)
CLASS- B TC COMMUNITY (JAIL POP 500-999)
1. BUSINESS OFFICE DEPARTMENT – Admin
2. KITCHEN DEPARTMENT - Food Service Officer
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - Records
4. GROUNDS/ LANDSCAPING/ MAINTENANCE DEPARTMENT - Custodial
5. SPECIAL SERVICE DEPARTMENT - IWDO
6. EXPEDITING DEPARTMENT - Paralegal/ l&I
The TC Hierarchical Structure (Jail pop-1-499 TYPE C)
CLASS- C TC COMMUNITY (JAIL POP -1-499)
1. BUSINESS OFFICE DEPARTMENT - Admin
2. KITCHEN DEPARTMENT - Food Service Specialist
3. HOUSEKEEPING/ LAUNDRY DEPARTMENT - IWDO
4. EXPEDITING DEPARTMENT - Paralegal/ I&I
Note: The set-up of the Hierarchical Structure depends upon the needs of the facility.
JOB FUNCTIONS
Participants: Residents
Duration/frequency: All year round based on jail schedule
Procedure:
Departmental Meeting is conducted weekly for assignment of tasks which will last for one week in
rotation basis within the department. Each team will be assigned one expediter to monitor the job function. Job
rotation will be primarily based on the progress, performance and capability of each resident. Promotion or
demotion can happen during the process.

FUNCTION OF THE DIFFERENT POSITIONS IN THE HIERARCHY ( FROM HIGHEST TO LOWEST)

Coordinator
1.A positive role model.
2. Deals with the attitudes of the residents and acts as a member of the panel during the haircut and addresses
the resident in general meeting.
3. The leader of a team assigned to oversee a specific department,
e.g. kitchen department
4. Responsible for reporting of job changes and recommends cutting off of learning experience
5. Assigned as Coordinator on Duty of the day and delegates tasks to be covered for the day, i.e.., investigating
and booking.
6. Encourages residents to use behavior shaping tools, i.e.., encounter slips, booking, etc.
7. Responsible for overseeing that each team works efficiently.
8. Supervises the over-all functions of the department in the TC Facility.
9. Reports to staff any incident that is not in the boundaries erit of a resident to deal with.
10. Carries her. out any given task that staff members assigned him/her
11. In-charge to disseminate instructions given by the Director and staff through coordination with co-
coordinator’s.
12. Serves as liaison between resident and staff.

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 Coordinator On Duty (not part of the whole hierarchical structure, each coordinator takes turns to become
Coordinator of the Day)
1. He/she is designated as Coordinator of the Day to conduct inspection in cells, kitchen and other areas where
residents are allowed together with the staff on duty and the chief expediter.
2. Delegates tasks to other coordinators.
3. Under direct communication with the Chief Expediter.
4. Must always be aware and records all the events, incidences of the day to the logbook.
5. Must have direct link with Staff on Duty.
6. Responsible to disseminate information coming from the Staff or Director.
7. Evaluates or validate different incidences and seeks staff's acknowledgement.

Chief Expediter
1. Responsible for managing the daily function and activities of the community.
2. Delegates other responsibilities to the Asst. Chief Expediter and monitors every activity.
3. Oversees the schedule of the day.
4. Communicates with department heads in execution of job functions.
5. Communicates with Coordinator of the Day on an hourly basis.

Assistant Chief Expediter

1. Responsible for execution of directives from the chief expediter.
2. Supervises the activity inside the dormitories.
3. Monitors overall function of the different departments and reports to the chief all the incidences.
4. Facilitates department head meetings in the absence of the chief expediter, job changes and requests. (e.g.
request for phone calls)

Department Head
1. Conducts departmental meetings before job function.
2. Delegates specific tasks to team members and monitors individual conduct.
3. Monitors participation of members to activities of the program (Morning Meeting, Seminars and Group
Sessions)
4. Checks attendance and whereabouts of team members.
5. Attends department heads pre-evaluation meeting regarding job change.
6. Recommends grants or denies team members' in-house requests in the department head meeting.
7. Conducts post evaluation to residents regarding the result of their requests.
8. Screens team members' requests.

Department Crew
1. Responsible for carrying-out tasks, duties and responsibilities of their concerned departments.

TCMP DEPARTMENTS AND FUNCTIONS

Business Office Department (BOD)
1. Welcomes new members of the family and makes sure that policies, rules and their limitations are clear.
2. Responsible in facilitating younger members' group by sharing experiences.
3. Role model that shows how to overcome trying circumstances (coping, adjustment, etc.)
4. Orients in the encounter new residents group, how use to the drop behavior slips, shaping ventilate tools
feelings and internalize the TC Philosophy and Unwritten Philosophies.
5. Provides support to residents when needed.
6. Prepares sequence of program for special events and disseminates all written communications.
7. Maintains and updates bulletin board postages and announcements.
8. Updates profile of residents (Name, Address, Age, Status, Birth date, Ethnic Origin etc.) and provides list of
residents in the Tag board to be posted in every dormitory.
9. Prepares sound system in every activity.

Expediting Team
1. Oversees the day-to-day affairs of the different departments.
2. Reports any incident in the TC facility and the overall attitude of the community.
3. In-charge of the attendance of the residents in groups, seminars, static, specialized groups.
4. Confronts attitudes around the house and make necessary steps to address them through booking.
5. Coordinates with staff regarding announcements, activities, medications and court hearings for proper
information dissemination.
6. Coordinates with Coordinator on Duty and Medical Staff in attending to sick residents.
7. Prepare designated room assignments upon admission of new residents (Assign big brother/ sister).
8. Oversees activities of residents in the Learning Experience structure.

Kitchen Department
1.Prepares and cook food for daily consumption.
2.Maintains quality of food and dietary requirements of every menu.
3.Preserves sanitary working environment and maintains kitchen equipment properly.
4.Manages quantity of food servings to minimize wastage.
5.Prepares menu for special requirements and occasions.

6. Serves meals on time.

7. Ensures proper storage of food items to avoid spoilage and contamination.
8. Conducts regular health screening of kitchen workers.

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 9. Maintains proper washing of dishes and kitchen utensils and proper disposal of waste materials.

Maintenance and Landscaping Department

1. Maintains cleanliness of grounds
2. Responsible in planting, watering and trimming of plants, trees and flower beds
3. Maintains inventory of materials and equipment.
4. Informs staff of any equipment that needs repair or replacement.
5. Responsible in making minor repairs of jail facilities and equipment.
6. Responsible in monitoring proper usage of water and electricity.

Housekeeping Department
1. Maintains the cleanliness of the cell area, mess hall, visitation area and visitor's comfort room.
2. Maintains inventory of housekeeping materials such as brooms, dustpans, rugs, floor wax, etc.
3. Provides proper storage of housekeeping materials.

Laundry Department
1. Assigns and schedules laundry time for every dorm.
2. Designates and maintains hanging area for washed clothing.
3. Collects the dried washed clothing and distributes to the respective dorms.

STAFF FUNCTIONS
Director
The Warden serves as the Director of the facility. He oversees all the activities in the program. He
designates staff to serve as Counselors. He makes final decisions as to what sanctions or learning experiences
will be meted out to erring residents.

Assistant Director
This position is usually occupied by the Assistant Warden. He takes over the responsibilities in the
absence of the Director. He reports directly to the Director and assists him in the conduct of the latter's
responsibilities.

Counselor
A staff is assigned as a Counselor for each department. The jail set up is unique as the Counselors
take on other responsibilities in addition.
Due to the inadequate number of jail personnel, custodial officers are oftentimes assigned as
Counselors. The Counselors are responsible for the conduct of the different activities of TC on a daily basis.
Each Counselor will monitor the activities of their respective departments. They will conduct individual
counseling and facilitate groups. They are present in the conduct of the different behavior shaping tools. Instead
of being the dominant figure, the Counselor's role is to bolster or enhance the community as the primary change
agent and build the community to function around the established hierarchy.
This kind of Job Change will be done regularly every six (6) months. This will be done by the TCMP
Director by calling all the staff/ counselors in order to facilitate the procedural change of positions handled by
department heads and coordinators. Once the meeting is done, the coordinators will now apply for the positions
as to where they want to be assigned that will be evaluated by the staff before giving them their new
assignments. After each assignment is identified, the Director or the IWDO will then announce to the community
the new assignments and positions the applicants are holding.
A sudden change of position and responsibility will occur if a certain resident holding key position
commits infraction such as violation of cardinal rules. Such infraction has been verified and investigated by the
responsible inmates and such investigation report has reached the staff. It is assumed that the members of the
disciplinary board have already sanctioned the resident after which, he will be ousted of his present position
and promotion and demotion will take effect.
For example:
A coordinator of the Kitchen Department was found out using the food container to facilitate entry of
alcoholic beverages. He will be given sanction by the members of the disciplinary board after the investigation
and the department head of kitchen will assume his position and a crew can be promoted to take the department
head position.
The release of a resident particularly the one who occupies a key position will open a vacancy. The
vacated position will be filled up by either succession depending on his/her qualifications.
The Director, IWDO, Chief Escort or Custodial may conduct interview and selection of the applicants
vying for the position and will announce later who qualifies for the vacant position. Never allow the residents to
do the selection and interview without the supervision of any staff.

LIVELIHOOD AND SKILLS TRAINING

Designed Tools: Project Proposals, Training Design, Feasibility Studies
Procedure:
The IWDO will conduct skills inventory of the residents to determine the appropriate skills training needed. With
the help of skilled staff or outsourced trainers, residents are trained on their specific field of interest which could
be their source of livelihood once they are released from jail.

Other suggested vocational skills training:

1. Rug making 2. Wood carving
3. Flower making 4. Massage Therapy
5. Artistry 6. Basic Electricity
7. Automotive 8. Masonry and Carpentry

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 9. Tailoring and Dressmaking
10. Tailoring and Dressmaking
11. Furniture
12. Lantern and Christmas
13. T-shirt printing 14. Basket weaving
15. Shell craft
16. Guitar
17. Organic Farming

SCHEDULE OF DAILY ACTIVITIES

TIME MON TUE WED THU FRI SAT SUN

5:00 - 6:00 AM WAKE- UP TIME / JOB FUNCTIONS

6:00 - 6:45 AM M O R N I N G E X E R C I S E S
6:45 -7:45 AM BREAKFAST AND BATHING TIME

7:45 - 8:00 AM PRE –MORNINGMEETING

8:00 - 9:00 AM M O R NI N G M E E T I N G VISITING PRIVILEGES
9:00 - 9:15 AM DEPARTMENTAL MEETING (once a week) Hygiene Inspection
Specialized House Cleaning
Group Alternative Learning System/Tutorial Recreation Time
9:15 - 11:45 Encounter
AM General Bible Group/ Static Group Athletics Saturday Holy Mass/
Cleaning Sharing Group Activities Family Day
Dynamics
LIVELIHOOD PROGRAM
11:45 - LUNCH SET – UP
12:00PM
12:00 -1:00 L U N C H AND S IE S T A
PM
Static V I S I T I N G P R I V E L E G E S
Group Visiting Privileges
House Cleaning
1: 00 - 5:00 PM Recreation Time

Community
Seminar/ Express Athletics/ Drills Personal
or ive Job /Exercises Hygiene
ART Therap Functions Seminar
Therapy y
LIVELIHOOD PROGRAM / SKILLS DEVELOPMENT WORK-SHOP
5:00 - 6:00 PM Persona l T I m e / Spiritual Enhancement
6:00 - 7:00 PM D I N N E R / W A S H - U P
7:00 - 8:30 PM T V VIEWING Music Therapy
8:30 - 9:00 PM DEVOTION TIME
9:00 LIGHTS –OFF/TAPS

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 TERMS TO REMEMBER

ANGER MANAGEMENT – a specialized group activity discussing issues to control anger.

ANNOUNCEMENT - information given to all residents.
ATTITUDES – the general condition of the TC family as a whole, including incidences, positive and negative.
BANS - a behavior shaping tool to prohibit a resident to a specific area, activity, verbal, another client.
BIG BROTHER - an older member of the community tasked to provide guidance to the newly committed
residents.
BOOKED – logged an incident to the Coordinator of the Day.
CARDINAL RULES - the principal guiding rule observed by all residents in a TC Community with heavier
corresponding consequences.
COERCION- the use of internal and external sources to heighten dissonance on the client and magnify his
choices and the specific consequences of his choices.
COMMUNICATION – a department which oversees the daily census, entry, news and other information to be
disseminated.
COMMUNITY - the residents of the TC Family.
COORDINATOR - the highest position attained by a resident in a TC Hierarchy, who works with the staff in
running the house, implementing rules. With corresponding status, a resident has an authority over the other
residents.
COORDINATOR OF THE DAY – assigned coordinator (resident) to oversee and address the incidents, attitudes
of the house through the use of behavior shaping tools – talk to, dealt with, haircut.
COUNSELOR- staff member position who assists the residents’ needs
DAILY STRUCTURE- list of day-to-day activities
DEPARTMENT HEAD- a ranking resident next to the coordinator in the TC Hierarchy assigned to oversee,
monitor tasks to be done in a particular department.
DISSONANCE - the time period of admitting, denying before coming up with a decision.
DIRECTOR - the highest staff facility officer (Warden) who has direct command to both residents and staff.
DORMITORY – a cell where the residents stays while on confinement.
ENCOUNTER- a group process utilized to vent out concerns, anger and hurt feelings
ENCOUNTER BOX- box used to receive slips being dropped.
ENTERTAINMENT and RECREATIONAL ACTIVITY - an activity in the TC community aimed to aid residents
in treatment.
EVALUATION – an assessment done anytime during the treatment
EXPEDITING TEAM – a department that serves as police of the community to ensure order among residents
EXPULSION - the ejection of one from the community because of his/her serious offense.
FRIEND - a resident who has the closest regard to the other resident.
GENERAL MEETING - a behavior shaping tool addressing serious infraction of a resident.
GENERAL WORKER – the lowest position in the TC hierarchy
GROUNDS- pertains to lawns, pathways and landscape
HAIRCUT - a behavior shaping tool consisting of a five-man panel that addresses a resident’s infraction.
HIERARCHICAL STRUCTURE – the chain of command of residents in TCMP.
HOUSE – pertains to the jail facility.
HOUSE RULES – are day to day standards that need to be followed inside the jail facility to ensure the smooth
and orderly flow of operation.
HOUSEKEEPING TEAM – a department that maintains cleanliness of the facility.
INFRACTIONS - a violation to the House Rules of the TC Family.
LEARNING EXPERIENCE – a form of sanction that aid residents realize the value of correcting infractions.
MORNING MEETING - a daily ritual addressing attitudes of previous days, performed to start the day right.
PEERS – friends of the same entry period.
PRE-MORNING MEETING- the activity preceding the Morning Meeting that discusses attitudes of the house
and eliciting theme of the week and word of the day.
PULL – UP – verbal reprimand done during the Morning Meeting.
RESIDENTS – terms used for inmates who are part of the TCMP community.
SENIOR RESIDENT – a member of the TC community having the position such as Static Group leader and its
Assistant and In Charge of various special services groups.
STAFF – refer to jail personnel.
STATIC GROUP – a group composed of residents known as permanent support group.
TALK TO – friendly reminder for resident violators.
TC FAMILY – refers to all residents of the TC community.
UNWRITTEN PHILOSOPHY – refers to a guiding value which residents reflect and hold on.
VIOLATOR – a resident who commits an act in violation of the TC/Jail Rules.

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