LESSON 4

PENOLOGY

TOPICS
1. Punishment
2. Institutional Framework of Jail and Corrections in the Philippines
3. Rehabilitation Programs for Prisoners in the Philippines
4. Psychological Effects of Imprisonment

LEARNING OUTCOMES
At the end of the lesson, you should be able to:
1. determine the distinction between jail and prison;
2. identify the kinds of prisoners;
3. determine the government functionaries in the Philippine correctional system;
and
4. discuss the measures undertaken to improve treatment of offenders.

Penology is also referred to as a Penal science; it is the third division of criminology that is focused
on the Philosophy and practice of society in its efforts to repress criminal activities. The word penology was
derived from the Latin word “poena”, which means “pain” or “suffering”.
The term penology was changed to correction due to its harsh connotation. Thus, penal
management was also changed into correctional administration to mean the manner or practice of managing
or controlling places of confinement, as in jails or prisons, including custody, treatment, and rehabilitation of
criminal offenders.
Penology is short for the 19th Century phrase Penitentiary Science or the Science of Corrections.
The term Corrections is a 20th century social engineering term for the ability to be technically
proficient at the processing of incarcerated offenders.
The Philippine Corrections System is composed of the institutions in the government, civil society
and the business sector involved in the confinement, correction and restoration of persons charged for and/or
convicted of delinquent acts or crimes. The public sector formulates sound policies and rules on corrections,
penology and jail management, rehabilitation and restoration. All prisons or penitentiaries, jails and detention
centres are under the direct control and supervision of the government. The government, thus, plays a
dominant role in the correction and rehabilitation of offenders.

TOPIC 1: PUNISHMENT
PRINCIPAL GOALS OF PENAL SCIENCE
1. To bring to light the ethical bases of punishment, along with the motives and purposes of society in
inflicting it
2. To make a comparative study of penal laws and procedures through history and between nations;
and
 3. To evaluate the social consequences of the policies in force at a given time.

MODELS OF PENOLOGY
1. Retribution Model
Response to criminal behaviour that focuses on the punishment of lawbreakers and the
compensation of victims. In general, the severity of the punishment is proportionate to the seriousness of
the crime.
Retribution is based on the concept of lex talionis—that is, the law of retaliation. At its core is the
principle of equal and direct retribution, as expressed in Exodus 21:24 as “an eye for an eye.” Destroying the
eye of a person of equal social standing meant that one’s own eye would be put out. Some penalties designed
to punish culpable behaviour by individuals were specifically tied to outlawed acts. Branders who used their
skills to remove slave marks from runaway slaves, for example, had their hands amputated.

Philosophy of Retribution
a. Proportionality – rank order the seriousness of the crime as well as standard progression in the
penalties to administer.
b. Jus Deserts – is the right term if we consider the culpability (degree of intent) of each offender, in
addition to the ranked seriousness of their offense. Punishment is deserved by the wrongdoer simply
because they committed transgression.
c. Equity – all offenders who commit the same crime with the same degree of culpability get the same
punishment.
d. Reciprocity – if we look at the punishment as a natural part of the social order and feel satisfied that
the offender has been appropriately punished.
e. Retributive – if the offender happen to agree to the appropriateness of the punishment or at least
accepts some blame or show some remorse.
2. Justice Model
The justice model of corrections is based on the concept that the criminal justice system should not
be concerned with offender rehabilitation but should limit itself to the fair administration of punishments
appropriate to the severity of the crime committed. The justice model has been implemented in Great
Britain and the United States through determinate sentencing laws, sentencing guidelines, and appeal
court judgments.
1. Utilitarianism Model
The root word of utilitarianism is “utility” which means “useful”. Punishment exits to ensure
continuance of society and to deter people from committing crimes. Deterrence comes, not from trying to be
harsh, but from punishment that is appropriate (severity), prompt (celerity) and inevitable (certainty).
Prisons and penology are of particular interest to utilitarian because prisons are supposed to be the least
costly way to accomplish “pain with purpose”.
The theory of deterrence that has developed from the work of Hobbes, Beccaria, and Bentham relies
on three individual components: severity, certainty, and celerity. The more severe a punishment, it is thought,
the more likely that a rationally calculating human being will desist from criminal acts. To prevent crime,
therefore, criminal law must emphasize penalties to encourage citizens to obey the law. Punishment that is
too severe is unjust, and punishment that is not severe enough will not deter criminals from committing
crimes. Certainty of punishment simply means making sure that punishment takes place whenever a criminal
act is committed. Classical theorists such as Beccaria believe that if individuals know that their undesirable
acts will be punished, they will refrain from offending in the future. Moreover, their punishment must be swift
in order to deter crime. The closer the application of punishment is to the commission of the offense, the
greater the likelihood that offenders will realize that crime does not pay. In short, deterrence theorists believe
that if punishment is severe, certain, and swift, a rational person will measure the gains and losses before
engaging in crime and will be deterred from violating the law if the loss is greater than the gain. Classical
philosophers thought that certainty is more effective in preventing crimes than the severity of punishment.
They rejected torture as a means of eliciting confessions, and the death penalty as an effective method for
punishing murderers and perpetrators of other serious crimes. Capital punishment is beyond the just powers
of the state.
KINDS OF DETERRENCE
There are two basic types of deterrence—general and specific.
a. General deterrence (societal deterrence) is designed to prevent crime in the general population. Thus,
the state’s punishment of offenders serves as an example for others in the general population who have not
yet participated in criminal events. It is meant to make them aware of the horrors of official sanctions in order
to put them off committing crimes.
b. Specific deterrence (individual deterrence) is designed by the nature of the proscribed sanctions—to
deter only the individual offender from committing that crime in the future. Proponents of specific deterrence
also believe that punishing offenders severely will make them unwilling to reoffend in the future. A drunk
driver, for example, would be deterred from drinking and driving because of the unpleasant experience he or
she suffered from being arrested, or having his or her license taken away or his or her car impounded. The
state must apply enough pain to offset the amount of pleasure derived from drinking.

4. Redemptive and Restorative Justice Model

Restorative approaches are sometimes called communitarian, reintegrative, or redemptive
approaches.
Restorative justice is broad field; tends to be about faith-based initiatives, and/or religious-based
correctional interventions. Restorative justice focuses on the relationship between the offender and the victim.

FORMS OF PUNISHMENT
1. Capital Punishment
Capital punishment, also called death penalty, execution of an offender sentenced
to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished
from extrajudicial executions carried out without due process of law. The term death penalty is sometimes
used interchangeably with capital punishment, though imposition of the penalty is not always followed by
execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment.

2. Corporal Punishment
Corporal punishment, the infliction of physical pain upon a person’s body as punishment for
a crime or infraction. Corporal punishments include flogging, beating, branding, mutilation, blinding, and the
use of the stock and pillory.

3. Prison as punishment
A prison, penal penitentiary, or correctional facility, is a place in which individuals are physically
confined or interned and usually deprived of a range of personal freedoms. Prisons are conventionally
institutions which form part of the criminal justice system of the country, such that imprisonment or
incarceration is a legal penalty that may be imposed by the state for the commission of a crime.
A prison system is the organizational arrangement of the provision and operation of prisons, and
depending on their nature, may invoke a corrections system. Although people have been imprisoned
throughout history, they have also regularly been able to perform prison escapes.

Task/Activity
Essay. Answer the questions given below. Write your answers under each question (10 points each).
1. Distinguish capital from corporal punishment. Cite examples.

2. Do you think that the redemption of death penalty through the congress would really be an effective
measure in preventing and controlling crimes in the country? Defend.
 TOPIC 2: INSTITUTIONAL FRAMEWORK OF JAIL AND CORRECTIONS IN THE
PHILIPPINES

A. Adherence to the United Nations (U.N.) Standard Minimum Rules for the Treatment of Prisoners
and the UN Standard Minimum Rules for Non-Custodial Measures
The Philippines adheres to the provisions of the UN Standard Minimum Rules for the Treatment of
Prisoners and UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) and other
international human rights instruments which define and guarantee the rights of inmates. Some of these
provisions are already embodied in the Philippine Constitution and in its laws, rules and regulations and
ordinances. Section 2, Article of the Constitution, moreover, provides that “The Philippines adopts the
generally accepted principles of international law”.

B. Prison/Penitentiary, Jail Distinguished

In the Philippines, there is a distinction between a “jail” and “prison”. A “jail” is defined as a place of
confinement for inmates under investigation or undergoing trial, or serving short-term sentences. It is
differentiated from the term “prison” which refers to the national prisons or penitentiaries managed and
supervised by the Bureau of Corrections, an agency under the Department of Justice. Jails include provincial,
district, city and municipal jails managed and supervised by the Provincial Government and the Bureau of
Jail Management and Penology (BJMP), respectively, which are both under the Department of the Interior
and Local Government. Municipal and city prisoners are committed to municipal, city or district jails managed
by the BJMP. A district jail is a cluster of small jails, each having a monthly average population of ten or less
inmates, and is located in the vicinity of the court.6 Where the imposable penalty for the crime committed is
more than six months and the same was committed within the municipality, the offender must serve his or
her sentence in the provincial jail which is under the Office of the Governor. Where the penalty imposed
exceeds three years, the offender shall serve his or her sentence in the penal institutions of the BuCor.

C. Four Classes of Prisoners (Person Deprived of Liberty)

1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to
death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

D. Three Types of Detainees

1. Those undergoing investigation;
2. Those awaiting or undergoing trial; and
3. Those awaiting final judgment.
Three major government functionaries are involved in the Philippine correctional system, namely:
the Department of Justice (DOJ), Department of the Interior and Local Government (DILG) and the
Department of Social Welfare and Development (DSWD). The DOJ supervises the national penitentiaries
through the Bureau of Corrections, administers the parole and probation system through the Parole and
Probation Administration, and assists the President in the grant of executive clemency through the Board of
Pardons and Parole. DILG supervises the provincial, district, city and municipal jails through the provincial
governments and the Bureau of Jail Management and Penology, respectively. DSWD supervises the regional
rehabilitation centres for youth offenders through the Bureau of Child and Youth Welfare.

A. Bureau of Corrections (BuCor)

BuCor has for its principal task the rehabilitation of national prisoners, or those sentenced to serve
a term of imprisonment of more than three years. Since its creation, the BuCor has evolved with modern
penology and has shifted from the traditional view of imprisonment as society’s retribution against criminal
offenders into one which regards imprisonment as a humanizing and enriching experience. Corrections focus
on rehabilitation and regards inmates as patients who need treatment and guidance in order to become
productive and responsible members of society upon their release.
All prison institutions have their own Reception and Diagnostic Centre (RDC), Classification Board,
Rehabilitation and Vocational Training Programmes, Inmate Complaints, Information and Assistance Centre
(ICIAC), Inmate Council and Board of Discipline. RDC receives, studies and classifies inmates committed to
BuCor. The Classification Board classifies inmates according to their security status. To extend prompt,
efficient and timely services to inmates, BuCor created ICIA which is tasked to act, within seventy-two hours,
on all the complaints, requests for information and assistance of inmates. The common complaints/requests
made by inmates are complaints against employees/co-inmates, status of prisoners’ release, computation of
Good Conduct and Time Allowance and problems regarding visitors’ visits. The Inmate Council, which is
composed of finally convicted inmates, serves as an advisory body of the Superintendent of each institution.
The Board of Discipline hears complaints and grievances with regard to violations of prison rules and
regulations.

B. Bureau of Jail Management and Penology (BJMP)

Also known as the Jail Bureau, BJMP, an agency under the DILG, was created pursuant to Section
60, Republic Act No. 697513, which took effect on January 2, 1991. It is mandated to direct, supervise and
control the administration and operation of all district, city and municipal jails nationwide.

1. Functions
(i) Formulate policies and guidelines on the administration of all district, city and municipal jails.
(ii) Formulate and implement policies for the programmes of correction, rehabilitation and treatment of
inmates.
(iii) Plan and programme funds for the subsistence allowance of inmates.
(iv)Conduct research, develop and implement plans and programmes for the improvement of jail services
throughout the country. After twelve (12) years of existence as a separate agency under the DILG, the
BJMP still shares its responsibilities with the Philippine National Police (PNP). The involvement,
however, of the police in penology and jail management is a temporary arrangement in view of BJMP’s
limited capacity.

C. Bureau of Child and Youth Welfare

Presidential Decree (P.D.) No. 603, as amended, was promulgated to provide for the care and
treatment of youth offenders from the time of apprehension up to the termination of the case. The Bureau
provides intensive treatment for the rehabilitation of youth offenders on suspended sentence. Under the said
law, a youth offender is defined as a child, minor or youth who is over nine years but under eighteen years
of age at the time of the commission of the offence.
D. Provincial Government
Provincial jails, including sub-provincial extensions, are under the supervision and control of the
provincial governments.

E. Parole and Probation Administration (PPA)

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.
Probation is the status of an accused who, after conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation officer. It is a privilege granted by the court; it
cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of
probation, it must first be shown that an applicant has none of the disqualifications imposed by law.

1. Criteria for Probation

In determining whether an offender may be placed on probation, the court shall consider all information
relative to the character, antecedents, environment, mental and physical condition of the offender, and
available institutional and community resources. Probation shall be denied if the court finds that:
(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 offence committed.
2. Disqualified Offenders
Offenders who are disqualified are those:
(i) Sentenced to serve a maximum term of imprisonment of more than six years;
(ii) Convicted of subversion or any offence against the security of the State, or the public order;
(iii) Who have previously been convicted by final judgment of an offence punished by imprisonment of
not less than one month and one day and/or a fine of not more than Two Hundred Pesos ( 200.00);
or
(iv) Who have already been on probation under the provisions of the Decree.

3. Probation Conditions
The grant of probation is accompanied by mandatory or discretionary conditions imposed by the
court:
(i) The mandatory conditions require that the probationer shall (a) present himself or herself to the
probation officer designated to undertake his or her supervision at each place as may be specified in
the order within 72 hours from receipt of said order, and (b) report to the probation officer at least once
a month at such time and place as specified by said officer.
(ii) Discretionary or special conditions are those additional conditions imposed on the probationer which
are geared towards his or her correction and rehabilitation outside of prison and right in the community
to which he or she belongs. A violation of any of the conditions may lead either to a more restrictive
modification of the same or the revocation of the grant of probation. Consequent to the revocation, the
probationer will have to serve the sentence originally imposed.
4. Revocation of Probation
At any time during probation, the court may issue a warrant for the arrest of a probationer for any
serious violation of the conditions of probation. The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing of the violation charged. The probationer-defendant
may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to the arrested probationer. An order revoking the grant of
probation or modifying the terms and conditions of the said order cannot be appealed.

F. Board of Pardons and Parole (BPP)

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.
1. Functions
(i) To grant parole to qualified prisoners;
(ii) To recommend to the President the grant of pardon and other forms of executive clemency;
(iii) To authorize the transfer of residence of parolees and pardonees, order their arrest and
recommitment, or grant their final release and discharge.
2. Basis for Grant of Parole
BPP may grant parole if it finds that:
(i) The prisoner is fit to be released;
(ii) There is a reasonable probability that, if released, he or she will live and remain at liberty without
violating the law; and
(iii) His or her release will not be incompatible with the welfare of society.
The BPP provides invaluable assistance to the President in exercising the power of executive
clemency. It is exercised with the objective of preventing a miscarriage of justice or correcting a manifest
injustice. Executive clemency may be exercised through a reprieve, absolute pardon, conditional pardon, or
commutation of sentence.

“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.

“Commutation of Sentence” refers to the reduction of the duration of a prison sentence of a prisoner.
“Absolute Pardon” refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition. It restores to the individual his or her civil and political rights and remits the penalty
imposed for the particular offence of which he or she was convicted.

“Conditional Pardon” refers to the exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offence he or she had committed resulting in the partial extinction of
his or her criminal liability.

3. Basis for Grant of Executive Clemency

The BPP recommends to the President the grant of executive clemency when any of the following
circumstances are present:
(i) the trial or appellate court recommended in its decision the grant of executive clemency for the
prisoner;
(ii) under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the
crime committed;
 (iii) offender qualifies as a youth offender at the time of the commission of the offence;
(iv) prisoner is seventy years old and above;
(v) prisoner is terminally-ill;
(vi) alien prisoners where diplomatic considerations and amity among nations necessitate review; and
(vii) other similar or analogous circumstances whenever the interest of justice will be served thereby.

4. When Applications for Executive Clemency will not be Favourably Acted Upon Notwithstanding
the existence of any of the circumstances mentioned above, the BPP shall not favourably recommend
petitions for executive clemency of the following prisoners, those:
(i) convicted of evasion of service of sentence;
(ii) who violated the conditions of their conditional pardon;
(iii) who are habitual delinquents or recidivists;
(iv) convicted of kidnapping for ransom;
(v) convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous
Drugs Act of 2002;
(vi) convicted of offences committed under the influence of drugs; and
(vii) whose release from prison may constitute a danger to society. Where the President grants
conditional pardon to a prisoner, the BPP monitors the prisoner’s compliance with the conditions
imposed for the duration of the period stated in the grant of executive clemency. Upon determination
that a prisoner granted conditional pardon has violated the conditions of his or her pardon, the Board
recommends to the President the prisoner’s arrest or recommitment.
7 Facilities under Bureau of Corrections
1. New Bilibid Prison
The projected increase in the prison population prompted the government to plan and
develop a new site for the national penitentiary. The growing urbanization of Manila
and constant lobbying by conservative groups fueled the idea of transferring the Old Bilibid Prison
to a new site, which at the time was considered remote and on the outskirts of the urban
center. Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million
pesos for the construction of a new national prison in Muntinlupa. On November 15, 1940, all inmates
of the Old Bilibid Prison in Manila were transferred to the new site. The new institution had a
capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941.
The prison reservation had an area of 587 hectares, part of which was arable. The prison
compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded
by three layers of barbed wire.
The institution became the maximum security compound and continues to be so. The camp
houses not only death convicts and inmates sentenced to life term, but also those with numerous
pending cases, multiple convictions, and sentences of more than 20 years.
2. Iwahig Prison and Penal Farm
This facility was established during the American occupation. It was however, during the
Spanish regime that Puerto Princesa was designated as a place where offenders sentenced to
banishment were exiled. A specific area of Puerto Princesa was selected as the site for a
correctional facility. The American military carved out a prison facility in the rain forest of Puerto
Princesa. The institution had for its first Superintendent Lt. George Wolfe, a member of the U.S.
expeditionary force, who later became the first prisons director.
 Governor Luke Wright authorized the establishment of a penal colony in the province of
Palawan on November 16, 1904. This penal settlement, which originally comprised an area of 22
acres, originally served as a depository for prisoners who could not be accommodated at the Bilibid
Prison in Manila. In 1906, however, the Department of Commerce and Police (which later became
the Department of Public Instruction) moved to turn the institution into the center of a penal colony
supervised in accordance with trends at the time. Through the department’s efforts, the Philippine
Commission of the United States government passed Act No. 1723 in 1907 classifying the settlement
as a penal institution.
The settlement was at first beset by attempted escapes. But under the supervision of Col.
John R. White of the Philippine Constabulary, whowould become superintendent of Iwahig in 1906,
the colony became a successful settlement. A merit system was devised for the prisoners and
vocational activities were offered. These included farming, fishing, forestry, carpentry, and
hospitalparamedical work. Prisoners could choose the vocational activities they wanted.
3. Sablayan Prison and Penal Farm
Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in
Occidental Mindoro and relatively new. Established on September 26, 1954 by virtue of Presidential
Proclamation No. 72, the penal colony has a total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees arrived in Sablayan on January
15, 1955. Since then several buildings have been constructed, including the colonist’s dormitories,
employees quarters, guardhouse, schoolhouse, chapel, recreation hall, and post exchange.
Three sub-colonies were later organized. One is a reservation which this day remains
part of a protected rainforest. Another is in a coastal area. The third was used by the national
government as a relocation site for refugees from the eruption of Mt. Pinatubo eruption in 1991.
Sablayan prison is a facility where prisoners from NBP are brought for decongestion
purposes. It follows the same colony standards as other penal farms.
4. San Ramon Prison and Penal Farm
According to historical accounts, the San Ramon Prison was established in southern
Zamboanga on August 21, 1870 through a royal decree promulgated in 1869. Established during
the tenure of Governor General Ramon Blanco (whose patron saint the prison was named after), the
facility was originally established for persons convicted of political crimes.
Considered the oldest penal facility in the country, prisoners in San Ramon were required to
do agricultural work.
During the Spanish-American War in 1898, the prisoners in San Ramon were hastily
released and the buildings destroyed. In 1907, the American administration re-established the prison
farm. In 1912, Gen. John Pershing, chief executive of the Department of Mindanao and Sulu,
classified the institution as a prison and penal colony and therein confined people sentenced by the
courts under his jurisdiction. Under Pershing’s supervision, several buildings with a capacity for 600
prisoners were constructed. After several years, the colony became practically self-supporting, with
75,000 coconut trees, which were planted at the beginning of Pershing’s administration, contributing
tothe colony’s self-sufficiency. Aside from coconuts, rice, corn, papaya and other crops were also
cultivated.
5. Davao Prison and Penal Farm
The Davao Penal Colony is the first penal settlement founded and organized under Filipino
administration. The settlement, which originally had an area of approximately 30,000 hectares in the
districts of Panabo and Tagum, Davao del Norte, was formally established on January 21, 1932 by
virtue of Act No. 3732. This Act authorized the Governor-General to lease or sell the lands, buildings
and improvements in San Ramon Prison and Iwahig Penal Colony. It also granted authority to the
Secretary of Justice to establish a new prison and penal colony in a suitable public land. A budget of
P500,000 was allocated. Several committees were created to pick a suitable site for the enal
settlement. In accordance with the recommendation of these committees, Governor Dwight Davis
signed Proclamation No. 414 on October 7, 1931, which reserved a site for the penal colony in Davao
province in Mindandao. The site offered ideal conditions for agricultural activities. Bureau of
Correction of Mandaluyong City.
6. Leyte Regional Prison
The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a year after
the declaration of martial law in 1972 by virtue of Presidential Decree No. 28. While its plantilla and
institutional plan were almost ideal, lack of funds made the prison unable to realize its full potential
and its facilities are often below par compared with those of other established penal farms.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the main
correctional program in addition to some rehabilitation activities. The prison admits convicted
offenders from Region VI and from the national penitentiary in Muntinlupa.
7. Correctional Institution for Women
In a report dated January 22, 1959, submitted to a committee created by Administrative
Order No. 287 by the President of the Philippines, it was noted that “before a separate building was
constructed especially for women prisoners, all female convicts were confined at the Old Bilibid
Prison on Azcarraga St., Manila. The male prisoners were confined in dormitories near the women’s
quarters. Because of these conditions, vocational activities of the women prisoners were limited to
embroidery. When they became ill, the women were confined in a separate building which served
as a hospital with nurses and prison physicians. When women prisoners needed surgery, they were
operated on at the Bilibid Prison. After the operation, they were transferred to the infirmary for
convalescence. Prison authorities were aware of the conditions that the women prisoners had to
endure. Consequently, the transfer of the women to a separate site became inevitable. After a series
of negotiations started by Prison Director Ramon Victorio, the Philippine Legislature passed Republic
Act No. 3579 in November, 1929. It authorized the transfer of all women inmates to a building in
Welfareville at Mandaluyong, Rizal and appropriated P60,000 for the move.
On February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to
the building especially constructed for them. Its old name, “Women’s Prison”, was changed to
“Correctional Institution for Women. This was in keeping with emerging trends in penology, which
emphasized correction rather than punishment. Convicts were brought back into the social
mainstream adjusted and rehabilitated with a better outlook in life.
 Task/Activity

Essay. Answer the questions given below. Write your answer under each question (10 points each).
1. Juan is convicted of murder. Is he qualified to apply for probation? Why?

2. What are the distinction of BJMP and BuCor in terms of their mandates?
 TOPIC 3: REHABILITATION PROGRAMS FOR PRISONERS IN THE PHILIPPINES
MEASURES UNDERTAKEN TO IMPROVE THE TREATMENT OF OFFENDERS
Consistent with its constitutionally-declared policy that “the State values the dignity of every human
person and guarantees full respect for human rights” and its obligations as a State Party to some, if not most,
of the international human rights instruments, the Philippine government has undertaken measures to
improve the treatment of offenders. These measures include:

A. The Muntinlupa Juvenile Training Center

The establishment of a separate facility for juveniles serving sentence at BuCor has long been a
serious concern of the Department of Justice. As stipulated in our laws, and the UN Standard Minimum Rules
for the Administration of Juvenile Rules (the Beijing Rules) and UN Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Rules), youth offenders should be segregated from adult offenders and given
different rehabilitation programmes that will answer their special needs. Unable to establish a separate facility
for juveniles serving sentence at the national penitentiaries, due mainly to limited resources, the Philippine
government successfully sought financial assistance from the Government of Japan, through Japan
International Cooperation Agency, for the construction of a juvenile training centre. Since the completion of
the construction of the training centre in October 2003, youth offenders at BuCor are segregated from adult
offenders and given appropriate rehabilitation programmes and services.

B. Prioritization of Projects
The establishment of a Drug Treatment and Rehabilitation Centre for National Prisoners and DOJ
Intranet were identified as the priority projects.
The Centre, established in 2002, is now providing rehabilitation services to modify the behavioural
dysfunction of drug dependent inmates. It fills the void between an institution that is punishment-oriented and
one that is wholly rehabilitation-centred. While the DOJ Intranet is not yet fully implemented, the BuCor and
BPP have expanded their computerization programmes which facilitated the processing of the release on
parole/executive clemency of qualified prisoners through the use of a computerized inmate monitoring and
tracking database system capable of generating prison records/reports. As a result, BuCor was able to speed
up the processing of prison records and the immediate forwarding of 6,414 prison records to the BPP for
evaluation.
C. Jail Decongestion Programme/OPLAN Decongestion
In 1993, The DOJ launched a jail decongestion programme designed to facilitate the release of
inmates. To implement the programme, a Memorandum of Agreement was entered into between and among
the Public Attorney’s Office (PAO), National Prosecution Service (NPS), BJMP and the three corrections
agencies of the DOJ – BuCor, PPA and BPP. The Agreement aims to help the government decongest jails,
unclog court dockets, provide detention prisoners with a fair and speedy trial, provide access to the
programmes of probation and parole, and lessen expenditures for prisoners’ daily maintenance and
subsistence.
The BJMP has also launched its own OPLAN Decongestion Programme which seeks to help inmates
avail themselves of the benefits of the applicable laws and such other legally recognized means for their early
release from incarceration.
D. Proposed Legislation on Jail Integration
Executive Order No. 324 dated April 12, 1996 created a Review Committee to study the integration
into one department of all government agencies involved in corrections. Its member-agencies include the
DOJ, the National Police Commission, BuCor, BJMP, PPA, BPP, the Bureau of Child and Youth Welfare of
DSWD, the Commission on Human Rights, League of Provincial Governors and three non-government
organizations.
The Review Committee prepared a draft of a proposed legislation integrating all national prisons and
all provincial, city and municipal jails and consolidating the functions of BuCor and BJMP under a new bureau
to be known as the Bureau of Correctional Services under the DOJ. The bill was prepared several years ago
but Congress has yet to enact the same into law.

E. Full Utilization of Early Release Schemes

The full utilization of early release schemes such as release on recognizance, probation, parole and
executive clemency has greatly reduced the number of persons in detention, thus, reducing the congestion
rate of some prison and detention facilities.

F. Increasing Public Awareness on the Plight of Inmates

Proclamation No. 551, series of 1995, issued by then President Fidel V. Ramos, declared the last
week of October as “National Correctional Consciousness Week”, otherwise known as NCCW. The annual
celebration of the NCCW has played a great role in generating public awareness on the plight of inmates and
their need for rehabilitation. It educates the community on the situations prevailing in prisons/jails and making
the people aware that prisoners are human beings that should be accorded full respect for their human rights.
It also encourages public participation in the re-socialization and public acceptance in the reintegration of
prisoners into society as productive and law-abiding citizens after service of sentence in prison.

Task/Activity
Essay. Answer the question given. Write your answers below (5 points each).
Give and explain 5 purposes of prisoner’s rehabilitation.
1.

2.

3.

4.

5.
 TOPIC 4: THE PSYCHOLOGICAL EFFECTS OF IMPRISONMENT
Purpose of Prison
b. Punishment
c. Deterrence
d. Rehabilitation

Responsibilities of Prisoners
a. The safekeeping of all inmates;
b. The maintaining and improving of the welfare of all confined within it;
c. The performance of these objectives with maximum of efficiency and economy.

Safekeeping is generally comprised of keeping inmates locked away, counted, and controlled whilst allowing
for isolated moments of welfare activities to satisfy needs though recreation, education, and counselling.
Unfortunately, the welfare and psychological freedom of the individual inmate do not depend on how much
education, recreation, and counselling inmates receives, but rather, on how inmate manages to live and
relate with the other inmates who constitute his crucial and only meaningful world.

Prison structure – the entire prison structure is based on solitude and separatism to allow prisoners to
rediscover their own conscience and better voice through spiritual conversion.
Pain of confinement is limited to detain psychological deprivations. This includes the loss of liberty where
prisoners experience a limitation of movement. There is also pain of moral rejection implied on confinement.
Isolation is the term used when inmates are separated from the general priosn population.
Prison subcultures – in an attempt to survive within forced conditions, prisoners have resorted to instinctual
community development methods and created their own subculture within prison walls.
Physical victimization includes assault, homicide and homosexual rape.
Psychological victimization involves verbal manipulation and other manipulations by changing their social
structure of physical environment.
4 short-term effects noted by prison psychologists
a. Guilt
b. Shame
c. Suicidal Tendencies
d. Fear
Crowding – increasing number of inmates significantly increased negative psychological effects such as
stress, anxiety, tension, depression, hostility, feelings of helplessness, and emotional discomfort.
Riots – are a collective attempt by inmates to seize control over part or all of a prison as a form of protest.
Role of Prison Psychologists
Psychologists can recommend programs which will best match offender to their needs. This might
include substance-abuse treatment programs, development of reading and writing skill, decision-making,
anger-control meaningful job-training, contact with families or sex offender treatment. Their minimum goal is
to help prisoners cope up with prison life. These programs will be beneficial if prisoners take them voluntarily
and seriously.

Task/Activity
Essay. Answer the questions given below. Write your answers below each question (10 points each).
1. If you are a prison psychologist, what other programs you might recommend to help the prisoners cope up
with prison life?

2. Does imprisonment of offenders can really help them change their behaviour? Defend your answer.
 Rubrics:
Score 25-20 points 19-15 points 14-10 points 9-0 points
Identifies, labels and Demonstrates good Demonstrates Identifies, labels and
understands all main issues understanding of the ideas limited/surface understands few issues
from the assigned chapter. presented in the chapter. understanding of the ideas from the chapters.
presented.
Content Demonstrates a clear and Demonstrates superficial
deep understanding of the understanding of the ideas
lesson. from the lesson.
Presentation contained little
to no valuable material.
Very clear and concise flow Clear flow of ideas. Presentation had moments Hard to follow the flow of
of ideas. where valuable material was ideas.
Demonstrates interest in present but as a whole
Demonstrates passionate topic. The presentation had content was lacking. Lack of enthusiasm and
Presentation interest in the topic and organizing ideas but could interest.
engagement with the have been much stronger
lesson. with better preparation. The presentation lacked
organization and had little
evidence of preparation.
Excellent research with Appropriate research into Most ideas flow but focus is No research into the lesson
clearly relevant examples to the lesson with acceptable lost at times. Limited with inappropriate choice of
reinforce understanding of examples to reinforce evidence of interest in and examples or lacking in
Examples
the topic/lesson. understanding of the engagement with the topic. examples
message and add to the
effectiveness of the lesson.
Activity Excellent points to develop Questions and discussion Weak research into the Little or no attempt to
deep understanding. addressed important lesson with poor choice of engage in learning.
information that developed examples that do not
Appropriate and imaginative understanding. Appropriate reinforce understanding of
activities used to extend activities used to clarify the message and does not
understanding in a creative understanding. aid to the effectiveness of
manner. the lesson.

ASSESSMENT: LONG QUIZ

Identification: Identify the answer that corresponds to each question. Write your answer on the space
provided.

1. _____________ Based on the concept that the criminal justice system should not be concerned with
offender rehabilitation but should limit itself to the fair administration of punishments appropriate to
the severity of the crime committed.
2. _____________ Retribution is based on the concept of lex talionis.
3. _____________ Execution of an offender sentenced to death after conviction by a court of law of a
criminal offense.
4. _____________ Place of confinement for inmates under investigation or undergoing trial, or serving
short-term sentences.
5. _____________ Refers to the national prisons or penitentiaries managed and supervised by the
Bureau of Corrections, an agency under the Department of Justice.
6. _____________ Designed to prevent crime in the general population. Thus, the state’s punishment
of offenders serves as an example for others in the general population who have not yet participated
 in criminal events. It is meant to make them aware of the horrors of official sanctions in order to put
them off committing crimes.
7. _____________ The more severe a punishment, it is thought, the more likely that a rationally
calculating human being will desist from criminal acts.
8. _____________ Designed by the nature of the proscribed sanctions—to deter only the individual
offender from committing that crime in the future. Proponents of specific deterrence also believe that
punishing offenders severely will make them unwilling to reoffend in the future.
9. _____________ Infliction of physical pain upon a person’s body as punishment for a crime or
infraction.
10. _____________ Generally comprised of keeping inmates locked away, counted, and controlled
whilst allowing for isolated moments of welfare activities to satisfy needs though recreation,
education, and counselling.
11. _____________ The loss of liberty where prisoners experience a limitation of movement.
12. _____________ Involves verbal manipulation and other manipulations by changing their social
structure of physical environment.
13. _____________ A place in which individuals are physically confined or interned and usually deprived
of a range of personal freedoms.
14. _____________ One who is sentenced to a prison term of three years and one day to death.
15. _____________ The organizational arrangement of the provision and operation of prisons, and
depending on their nature, may invoke a corrections system.
16. Tends to be about faith-based initiatives, and/or religious-based correctional interventions.
Restorative justice focuses on the relationship between the offender and the victim.
17. _____________ One who is sentenced to a prison term of six months and one day to three years.
18. _____________ 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.
19. _____________ The reduction of the duration of a prison sentence of a prisoner. “Absolute Pardon”
refers to the total extinction of the criminal liability of the individual to whom it is granted without any
condition. It restores to the individual his or her civil and political rights and remits the penalty
imposed for the particular offence of which he or she was convicted.
20. _____________ The exemption of an individual, within certain limits or conditions, from the
punishment which the law inflicts for the offence he or she had committed resulting in the partial
extinction of his or her criminal liability.