INSTITUTIONAL CORRECTION

CORRECTIONS – branch of the criminal justice system charged with the responsibility for the custody,
supervision and rehabilitation of the convicted offender.

Legal grounds for detaining a person:

• commission of a crime
• violent insanity or any other ailment requiring compulsory confinement in a hospital

A person can be committed to jail only upon the issuance of an appropriate order by competent
court or authority so mandated under the Philippine law
Commitment means the entrusting for confinement of an inmate to a jail by a competent court or
authority for purposes of investigating the individual's offense or transgression of the law.

History
• Jails began in the Stone age where caves were used as detention cells.
• In 18th century, century jails re primarily set-up in towns and cities for detention purposes.
• Jails are primarily designed as adult penal institution used for detention of law violators.
• Classical School – this was the result of the movement to reform the judicial system through the
effort of Cesare Beccaria

• Positivist School - referred to Italian School of Criminology through the effort of Cesare
Lombroso

Early Forms of Punishment (during primitive era)

Death Penalty - It was carried out by hanging, immersing in boiling water, burning and feeding
to wild animals
RA 9346 – An act prohibiting the imposition of death penalty in the Philippines enacted on June 24, 2006

• Corporal Punishment - in which the offender is inflicted with penalties such as mutilation,
disfiguration, flogging and maiming
• Public Humiliation - Shaming; it causes shame to the offender wherein they are shaved of their
hair, branded and the use of stocks, pillory and docking stool.
• Banishment - wherein the offenders are transported to barren, newly discovered territory and
are not permitted to gain re-entry to their homeland.

Justification of punishments:
• Retribution - this was the primitive form of inflicting punishment by the way of personal
vengeance.
• Atonement or expiation - the penalty is commensurate with the gravity of offense based on the
norms observed by the society
• Deterrence - it is based on the belief that the offender when punished and inflicted with
suffering would learn the lessons the hard way
• Protection - served as a social defense wherein the society would gain protection by putting
 criminals behind bars
• Reformation - it is resorted to by imposition of punishment

Development of Prisons
• Auburn Prison System - established in 1819; its features were single cell confinement at night
and congregate work for convicts at day. consider as the predecessor of modern technology;
isolation and individual prison system with absolute silence
• Zebulon Brockway - he was the superintendent at the Elmira Reformatory in New York. He
introduced a system of grades for prisoners
• 1876 -Elmira Reformatory - established as a result of Cincinnati Prison Congress where an effort
was made for scientific classification of prisoner system with absolute silence
• Alexander Maconochie and Sir Walter Crofton - who introduced mark system in the prison system which
motivated "residents" to behave themselves in order to obtain higher grade early release.
• 1850-1930 - characterized prison system as mandatory labor, harsh discipline, overcrowding and
fortress like structures
• Kenneth Pray former clean of the University of Pennsylvania School of Social work who maintained that
social workers could feel at home and provide an important service in the authorization steeling of the
prison
Minimum Security - who can be reasonably trusted to serve their sentence under less restricted condition:
• Severe physical handicap as certified by the Chief medical officer of the prison
• 65-year-old and above without pending case and whose convictions are on appeal
• Served 1/2 of their minimum or 1/3 of their maximum sentence, excluding Good Conduct Time
Allowance; and
• 6 months more to serve before the expiration of their maximum sentence

Color of uniform as to Security Classification

• Maximum Security - Tangerine
• Medium Security - Blue
• Minimum Security - Brown
• Detainee - Gray

Classification of Inmate as to Privileges

• Detainee
• Third Class Inmate - previously committed for three (3) or more times as sentence inmate, except non-
payment of fine or reduced from a higher class;
• Second Class Inmate - newly arrived inmate; inmate demoted from first class; or one promoted from
third class
• First Class Inmate - known character and credit work while in detention earned assignment to this class
upon the start of sentence, or one promoted from second class; and

Colonist
• Be at least first-class inmate and has served one year immediately preceding the completion period:
• Has served imprisonment with good conduct for a period equivalent to 1?5 of the maximum prison term
or 7 years in case of life sentence
• Privileges of a Colonist
-Additional 5 days GCTA under Art 97 of RPC;
-Automatic reduction of life sentence imposed on a colonist to 30 years;
-Subject to approval of the Director, have his wife and children or the women he desires to marry, live
with him in the prison and penal farm with transportation to and from the government commissary in addition
to free subsistence; and wearing of civilian clothes on such special occasions as designated by Superintendent

Colonist status shall entitle spouse prisoner of living together, Revocation of colonist status may be lost for
cause by the Superintendent with the approval of the director,
Confinement and Accommodation of inmate
• Place of Confinement - prison nearest the residence of the inmate designated b the President as place of
confinement of national prisoner
• Security Compounds - separate prison compounds for the segregation of inmates according to security
classification
-Separate Facilities - separate dormitories under the following categories:
Finally, sentenced inmates;
Inmates who are likely to exercise a negative influence on other inmates;
Detainees
youthful offender or who under 18-year-old;
first offender

Application to view the remains of deceased relative; supporting documents - a minimum or medium security
inmate may upon written application at least 2 before the viewing and submission of original or certified true
copies of death certificate, the burial and the documents specified therein:
• wife or husband (marriage certificate)
• Brothers/sister (birth certificate of brother /sister and that of inmate)
• Child (birth certificate and marriage certificate of inmate)
• Father/Mother (birth certificate of inmate)
• Grandchild (birth certificate of grandchild and parents of the latter)
• Grandparent - (birth certificate of inmate and his parents)

in case of NBP or CIW inmate, the application and its supporting documents together with the application and its
supporting documents together with the prison record and favorable recommendation of the superintendent
shall be forwarded to the secretary for the final action at least one working day before the privilege is to be
enjoyed

Duration of privilege - more or less three hours where the remains lie

Distance to travel - radius of 30 kilometers if more than the time of leaving and returning during daylight hours
of the same day.

Rights and privileges of an inmate

Rights
- to receive compensation for labor he performs
- to be credited with time allowances for good conduct and loyalty;
- to receive and send mail matter;
- to practice his religion or observe his faith;
- to receive authorized visitors;
- to ventilate hid grievances through proper channels; and
- receive death benefits and pecuniary aid for injuries

privileges of an inmate:
 - Attend or participate in any entertainment or athletic activity within the prison reservation;
- Read books and other reading materials in the library;
- smoke cigarettes, except in prohibited places;
- participate in civic, religious and other activities authorized by prison authorities and
- receive gifts and prepared food from visitors subjected to inspection;
- a detainee, aside from the aforementioned, may wear civilian clothes and to grow his hair in his
customary style

Prison Labor

Able bodies convicted prisoner - 8 hours a day, except Sundays and legal holidays in and out the prison
Detainee - only for hygienic or sanitary reasons of his cell except the agreed in writing to abide by the same
rules imposed on finally convicted inmates who is not a recidivist or previously convicted twice or more times of
any crime

In case of detainee does not agree, the Superintendent shall issue certificate that the detainee was apprised of
his right to be credited in the science of his prison sentence
- Only medium and minimum-security inmates may be signed to work in agriculture field projects
within prison reservation. except those over 60 years of age
- work program shall be conducted in person to promote good work habits and self-esteem among
inmates, not t exploit cheap labor or as a punishment for deviant behavior

Compensation Credits
right to compensation - 6 months after being permanently assigned to work in prison provided:
- he maintains good conduct; and
- he shows interest and definite degree of progress in the particular work
assigned to him
- habitual delinquents, recidivist, escapees:
- Infirm, aged, invalids and other finally convicted inmates who physical
condition seriously impair their mobility;
- mental disease or abnormal, including sexual deviates;
- female offenders
- Drug dependents
- Foreign nationals; and
-members of cultural minorities
Outside movement of inmates
movement of inmate outside confinement facility - the superintendent may authorize, and in case of pars C
and D by an approval of the Secretary of DOJ, an inmate under the following;
- Appearance in court or other government agency as directed by competent authority
- for medical examination/treatment or hospitalization in an outside clinic or hospital or
- to view the remain of the deceased relative

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 illness, if it cannot be done in the prison hospital

Death and life Termer shall be brought outside for count appearance only when the presiding judge who issued
the subpoena has prior authority from the supreme court to affect the transfer of the said convict. NBP shall
request the hearing within the premises of the NBP
Compensation earned - except in urgent need and the discretion of Superintendent only 1/2 of the earning may
be withdrawn; however, the whole or part may be forfeited to the payment damages resulting from inmate
negligence or misconduct

All monies received by the inmates from wherever source shall be deposited to the trust fund and may be
withdrawn in whole and in part, except those of the compensation earned; however, all shall be released to the
inmates upon his release

Inmate Communication
- an inmate shall 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.
- All letters sent or received by an inmate, as well as magazine, books, periodicals and all reading
matters, shall be subjected to prevent the entry or contraband and the entry or exit of information that may
adversely affect the security of the prison

Visiting Rights
An inmate shall have the right to be visited by his family and reputable friends on Sunday to Thursday
from 9:00AM to 3:00PM at the visitor's room (BUCOR) and on Tuesday to Friday from 1:00PM to 4:00PM and on
Saturdays and Sundays from 9:00AM to 4:00PM (BJMP)
Married male inmate may have conjugal visits from his spouse in prison in a facility
The inmate Complaint, information and assistance center in each prison compound shall act on all
written complaints of inmates within 72 hours from receipt
the inmate-representatives of the inmate council shall meet the superintendent to discuss issues and
matters affecting the prison population

Pecuniary Aid to inmates - in case of death, injury or disability of inmate due to preventive of riot, or jailbreak,
or while in the performance of work, without negligence, entitled him to pecuniary aid
as fixed by the director and approved by the secretary of justice

Discipline and punishment of inmates

• self-discipline is an essential characterized of well-adjusted person. ll breach discipline in prison shall be
reported to authorities with observance of due process before any imposition of punishment by the
Board of discipline headed by the assistant superintendent
• Prohibit acts
- illegal sexual acts or encouraging the commissions of the same
- openly displaying obscene or lewd photographs, pictures and drawing
-possession of articles which pose threat to prison security or to the safety and well-being of the
inmates and staff
- giving gifts, selling or battering with the prison personnel;
- maligning or insulting ant religious belief or group
-rendering personal services to or requiring the same from fellow inmate;
- gambling
- exchanging his uniform with another inmate or wearing another’s uniform
- using profane, vulgar, or obscene language or making loud or unusual noise;
- loitering in the prison compound or reservation;
- giving gift or providing material or other assistance to fellow inmate or to the prison authorities or
personnel;
 - engaging in any private work for the benefit of a prison officer or employee;
- controlling the activities of others;
-tattooing himself or allowing himself to be tattooed;
- disobeying legal orders of prison authorities promptly and courteously
- threatening verbally or in writing another
- possession of any cellular, pager, or radio receiver, or any communication device;
- making frivolous or groundless complaints; and
-displaying behavior which might lead to disorder or violence or other which may endanger the facility
or outside community

Procedure:
- written complaint filed at the office of the superintendent by the aggrieved or any inmate
- if after initial investigation, the superintendent may dismiss the complaint if baseless, otherwise he
shall endorse the complaint to the board from hearing;
- the hearing shall be summary and is not bound by the technical rules on evidence
- the inmate charged shall be allowed to present evidence in the hearing;
- the decision of the board shall be subjected to review and approval by the superintendent;
- the decisions s approved by the superintendent shall be final

imposable punishment
-caution or reprimand;
- cancellation of recreation, education, entertainment and visiting privileges;
- deprivation of GCTA for specific period;
-change of security status to the next higher e.g. from medium to maximum;
- confinement in disciplinary cell shall be done from one (1) to two (2) months depending on gravity of
the offense, if any of the mentioned penalties prove to be ineffective; and
-Use of handcuff or any instrument of restraint is not allowed except to prevent an escape during
transfer or movement or from harming himself or others or destruction of property

Rehabilitation and treatment of offenders

-the bureau shall undertake rehabilitation and treatment programs to help an inmate lead a
responsible, law-abiding and productive life upon release, inmate, public safety and the requirements for
effective custody shall take precedence over all other activities.
-program of rehabilitation
- health
- education
- elementary
- secondary
- college and
- vocational
- religious
- related rehabilitation services

release of inmates
basis
- expiration of sentence;
- order of the court or competent authority; or
- after being granted parole, pardon, or amnesty
transmittal of Carpeta and prison records
- for commutation (1/3) of the minimum period of the inmate's indeterminate sentence and in special
sentence and in special cases, at least one (1) month before the period specified by the board;
- for conditional pardon - at least one month before the expiration of the one half of the minimum
period of the inmate's indeterminate sentence and in special cases, at least 1 month before the period
as specified by the board;
for parole - at least 1 month before the expiry date of his minimum sentence

Bureau of jail management and penology

-created by RA 6975
-government act of 1990
-passage of RA 9263 "Bureau of fire protection and bureau of jail management and penology
professionalization act of 2004
-has control and supervision over the city and municipal jails, provincial jails shall b under the
supervision and control of the provincial government

Mandates:
-safekeeping
-development of inmates (rehabilitation rather than retribution and punishment)

organizational structure of BJMP: Chief BJMP, Deputy Chief (Administrative and Operation), Chief of Staff,
Directorates for Operations, Logistics, Controllership, Research Plans and Programs, and Inspection and
Investigation, 6 staff group: General Services Unit, Supplies and Accountabilities office, Finance Service Unit, and
Hearing Unit

Personal Staff Group - inspectorate Office, Community Relation Office, Legal Office and Internal Audit Office.
Reception Procedures (BJMP)
- Checking of documents/credentials
-examination of arrest report, medical certificate
- checking the authenticity of complaint/ information, or commitment order or mittimus)
- Searching of inmate’s things (cash and contraband)
- issuance of receipt of cash and other property by the property custodian
-fingerprinting and photographing
- accomplishment of jail booking report
-conduct of interview (medical record, social case study)
- strip searching
-briefing or orientation of jail rules and regulations
- assignment of dormitory
- issuance of jails materials (jogging pants and t shirts) also used for hearing
- (in case of safekeeping, the warden is entitled to receive compensation for their support and
custody)
- in case of detainee - information on the provision of RA 6125, Detainees Manifestation except for
recidivist or previously convicted twice or more or failed to surrender voluntarily for the execution of
sentence
-Issuance of certificate on the appraisement of Art 29 of the Revised Penal Code
-submission of agreement or certification
Classification Board
Chairman – Assistant warden, Member: Chief, Security Officer, Medical Officer and Social worker
Disciplinary Board: Chairman – Assistance Warden, Members: Chief, Security Officer, Medical Officer and Social
worker. Its function is top investigate the alleged misconduct referred to it by the Warden
Disciplinary Punishment:
Reprimand
Temporary/permanent cancellation of some or all recreational privileges
Cancellation of visiting privileges
Extra fatigue duty and
Close confinement of not more seven days in any calendar month

Inmates count – ideal is four times in every 24 hours

When dining, the inmates shall march in column of two
All utensils must be made in plastic
All letter after censor shall be properly posted in conspicuous place, if unclaimed within 24 hours shall be
delivered to the inmate

Emergencies riots – all inmates must be locked un their respective cell; work crew shall be brought immediately
to designated areas and after head count shall be locked; all visitors shall be immediately ushered to most
secured portion

Definition of terms:

Jail – is a place of confinement for city and municipal prisoners, any fugitive from justice, or person detained
awaiting or undergoing investigation or trial
Carpeta – otherwise known as “inmate record or jacket” it contains the personal and criminal records of inmates
Commitment order – a written order of the court or any other competent authority consigning an inmate to jail
or prison for confinement
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 the sentence impose therein
Contraband – any article, item or things prohibited by law and/or forbidden by jail rules that would pose as
security hazards or endanger the lives of inmates
Inmate – is a generic term used to refer to a detainee or prisoner
Custody – is defined as penal safekeeping which includes measures and activities such as the implementation od
security measures, locking and counting routines, supervision to prisoners and orderly movement