Corrections System in the Philippines

Institutional Corrections

Bureau of Corrections (BuCor): The national agency responsible for the

management and rehabilitation of national prisoners serving sentences of
more than three years. BuCor operates seven penal colonies nationwide,
including the New Bilibid Prison (NBP). Advanced concepts include the
complexities of prison management, including issues of overcrowding,
rehabilitation program effectiveness, and human rights within correctional
facilities.

Provincial Jails: Managed by provincial governments, these facilities house

inmates serving sentences of six months and one day to three years.
Advanced concepts include variations in jail management practices across
different provinces due to resource differences and local contexts.

Bureau of Jail Management and Penology (BJMP): A national agency under

the Department of the Interior and Local Government (DILG), responsible for
managing city and municipal jails. Advanced concepts include the challenges
of managing a large number of jails with varying levels of resources and
security.

Types of Prisoners:

Insular Prisoner: Sentenced to three years and one day to reclusion perpetua
or life imprisonment.

Provincial Prisoner: Sentenced to six months and one day to three years.

City Prisoner: Sentenced to one day to three years.

Municipal Prisoner: Sentenced to one day to six months.

Commitment Order: A court order placing an inmate in jail for safekeeping

during the pendency of their case.

Mittimus Order: A court warrant directing jail or prison authorities to receive

inmates for serving their sentence.

Inmate Classification: Inmates are categorized as either prisoners (convicted)

or detainees (awaiting trial or judgment).

Non-Institutional Corrections

Probation: A disposition where a convicted person is released under

supervision, subject to court-imposed conditions. Advanced concepts include
the different types of probation, the role of probation officers, and the
challenges of supervising probationers.

Parole: The conditional release of a prisoner after serving the minimum

sentence, granted by the Board of Pardons and Parole (BPP). Advanced
concepts include the parole process, parole conditions, and the challenges of
reintegrating parolees into society.

Executive Clemency: Acts of grace granted by the President, including

commutation of sentence, conditional pardon, and absolute pardon.
Advanced concepts include the legal basis for executive clemency, the
process of applying for clemency, and the criteria used in granting clemency.

Adult Probation (PD 968): The legal basis for adult probation in the
Philippines, implemented by the Probation and Parole Administration.

Rehabilitation Programs: Programs aimed at reforming offenders and

preparing them for reintegration into society. Advanced concepts include the
effectiveness of different rehabilitation programs, the challenges of
implementing these programs, and the need for individualized approaches.

Community System in the Philippines

Roles and Responsibilities

Barangay: The smallest administrative division in the Philippines, playing a

crucial role in community-based crime prevention and rehabilitation.
Advanced concepts include the challenges of integrating barangay initiatives
with national-level criminal justice policies.

Local Government Units (LGUs): LGUs are responsible for maintaining peace
and order within their jurisdictions, often collaborating with national
agencies. Advanced concepts include the variations in LGU capacity and
resources across different regions.

Civil Society Organizations (CSOs): CSOs play a significant role in supporting

rehabilitation programs and providing reintegration services. Advanced
concepts include the challenges of coordinating CSO efforts with government
agencies.

Mass Media: Mass media plays a role in shaping public opinion and
influencing attitudes towards crime and justice. Advanced concepts include
the ethical considerations of media coverage of criminal justice issues.
Religious Organizations: Religious organizations often provide counseling,
support, and rehabilitation programs for offenders. Advanced concepts
include the role of faith-based rehabilitation programs and their
effectiveness.

Educational Institutions: Schools can play a preventative role by educating

children about the law and promoting positive values. Advanced concepts
include the role of schools in identifying at-risk youth and providing support
services.

Families: Families play a crucial role in supporting offenders during and after
their incarceration. Advanced concepts include the impact of family support
on successful reintegration.

Community-Based Rehabilitation

Reintegration Programs: Programs designed to help ex-offenders

successfully reintegrate into their communities. Advanced concepts include
the challenges of reintegration, including finding employment, housing, and
social support.

Victim-Offender Mediation: A restorative justice approach where victims and

offenders meet to discuss the impact of the crime and find ways to repair the
harm. Advanced concepts include the effectiveness of victim-offender
mediation and the challenges of implementing it.

Community Service: A form of punishment where offenders perform unpaid

work for the community. Advanced concepts include the different types of
community service, its effectiveness as a form of punishment, and its role in
rehabilitation.

Juvenile Justice System in the Philippines

Key Legislation and Concepts

Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006): The primary
law governing the handling of children in conflict with the law (CICL).
Advanced concepts include the amendments to RA 9344 and their
implications.

Child at Risk (CAR): A child vulnerable to becoming a CICL due to various

factors such as abuse, neglect, or exposure to crime.

Child in Conflict with the Law (CICL): A child who has committed an offense
under Philippine law.
Discernment: The capacity of a child to understand the consequences of
their actions. Advanced concepts include the legal standards for determining
discernment and the challenges of assessing it in individual cases.

Diversion: An alternative process to formal court proceedings, focusing on

rehabilitation and restorative justice. Advanced concepts include the
different types of diversion programs and their effectiveness.

Bahay Pag-asa: Youth rehabilitation centers where CICLs may be placed

instead of detention facilities. Advanced concepts include the challenges of
managing Bahay Pag-asa and ensuring the quality of rehabilitation
programs.

Procedures and Rights

Initial Contact: The apprehension of a CICL by law enforcement. Advanced

concepts include the specific procedures for apprehending a CICL, ensuring
their rights are protected, and avoiding any form of violence or humiliation.

Initial Investigation: The gathering of evidence and information about the

CICL and the offense. Advanced concepts include the challenges of
conducting a fair and thorough investigation while protecting the child's
rights.

Preliminary Investigation: The process of determining whether there is

sufficient evidence to file charges against a CICL. Advanced concepts include
the role of the prosecutor and the child's right to legal counsel.

Arraignment and Plea: The formal reading of charges and the child's plea of
guilty or not guilty. Advanced concepts include the implications of different
pleas and the child's right to legal representation.

Trial: The court hearing where evidence is presented and a judgment is

rendered. Advanced concepts include the rules of evidence in juvenile court
and the child's right to a fair trial.

Disposition Conference: A meeting to determine the most appropriate

disposition measures for the child's rehabilitation. Advanced concepts
include the different types of disposition measures and the criteria for
selecting them.

Rights of the CICL: The rights of a CICL are protected under RA 9344 and
other laws. Advanced concepts include the specific rights of the CICL,
including the right to legal counsel, the right to remain silent, and the right
to a fair trial.
Court System's Role in the Three Systems

Jurisdiction and Procedures

This section will cover the different courts involved in handling cases related
to corrections, community-based rehabilitation, and juvenile justice. It will
also detail the specific procedures followed in each court for these types of
cases. This includes the roles of judges, prosecutors, and defense attorneys
in each system.

Municipal/Metropolitan Trial Courts: Jurisdiction over minor offenses and

preliminary hearings.

Regional Trial Courts (RTCs): Jurisdiction over more serious offenses.

Court of Appeals: Appellate jurisdiction over RTC decisions.

Supreme Court: Final appellate jurisdiction.

Sandiganbayan: Special court for cases involving graft and corruption.

Family Courts: Special courts for family-related cases, including juvenile

cases.

Key Differences in Handling Cases

System Focus Primary Legal Basis Key Procedures Corrections Custody,

rehabilitation, reintegration RA 10575 (Bureau of Corrections Act of 2013),
PD 968 (Probation Law) Sentencing, parole, probation, executive clemency
Community Prevention, reintegration, support Various local ordinances,
national policies Community-based programs, victim-offender mediation,
restorative justice Juvenile Justice Welfare, rehabilitation, restorative justice
RA 9344 (Juvenile Justice and Welfare Act of 2006) Diversion, intervention
programs, special court proceedings, suspended sentence

Facts to Memorize

BuCor: Manages national prisons (sentences >3 years).

BJMP: Manages city and municipal jails.

Probation: Post-conviction release under supervision.

Parole: Conditional release after serving minimum sentence.

Executive Clemency: Presidential pardon or sentence reduction.

RA 9344: Juvenile Justice and Welfare Act of 2006.

CICL: Child in Conflict with the Law.

CAR: Child At Risk.

Discernment: A child's capacity to understand their actions' consequences.

Diversion: Alternative to formal court proceedings for CICLs.

Bahay Pag-asa: Youth rehabilitation centers.

Presumption of Innocence: Applies to all, including CICLs.

Best Interest of the Child: Guiding principle in juvenile justice.

Suspended Sentence: Automatic for guilty CICLs, often with rehabilitation

programs.

Confidentiality: Maintained throughout juvenile justice proceedings.

No Labeling: CICLs should not be stigmatized.

Family Courts: Handle many juvenile cases.

Restorative Justice: Focus on repairing harm caused by crime.

Community Involvement: Crucial for rehabilitation and reintegration.

LGUs' Role: Collaboration with national agencies on peace and order.