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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 – these are former warships used to house prisoners in the 18th and 19th
century.
Ordeal – is the church’s substitute for a trial until the 13th century wherein guilt
or innocence was determined by the ability of the accused of being unscathed
through dangerous and painful test.
Charlemagne (Carolus Magnus)– gave bishops the power to act as real judges
which enabled bishop tribunal to rule on secular matters.
EARLY CODES:
1. Babylonian and Sumerian Codes
Code of King Hammurabi (Hammurabic Code) – Babylon, credited as the oldest code
prescribing savage punishment. But in fact, Sumerian codes were nearly 100 years
older.
b. Greek Code of Draco – Greece, a harsh code that provides the same punishment for
both citizens and the slaves as it incorporates primitive concepts.
- The Greeks were the first to allow any citizen to prosecute the offender
in the name of the injured party.
3. The Burgundian Code (500 AD) – it specified punishment according to the social
class of offenders, dividing them into: Nobles, Middle class and Lower class and
specifying the value of the life of each person according to social status.
EARLY PRISONS
Mamertine Prison – the only early Roman place of confinement which is built
under the main sewer of Rome in 64 B.C.
Bridewell (1557) – the most popular workhouse in London which was built for
the employment and housing of English prisoners.
Hospicio de San Michelle –the first home for delinquent boys ever
established. Built by Pope Clement XI in Rome for housing incorrigible youths
under 20 years of age.
The Pioneers:
1. William Penn (1614-1716)
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.
He fought for religious freedom and individual rights
2. Charles Montesquieu (Charles Louis Secondat, Baron de la Brede et de
Montesiquieu – 1689 –1755)
A French historian and philosopher who analyzed law as an expression of
justice. He believed that harsh punishment would undermine morality and that
appealing to moral sentiments as a better means of preventing crime.
10. Sir Evelyn Ruggles Brise – The Director of the English Prison who opened the
Borstal institution for young offenders.
Borstal Institution – is considered as the best reform institution for young offenders
today.
11. Walter Crofton – he is the director of the Irish Prison in 1854 who introduced the
Irish system that was modifies from the Macanochie’s mark system.
12. 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 – considered as the forerunner of modern penology because
it had all the elements of a modern system.
13. Jean Jacques Philippe Villain –founded the Maison de Force in Gent, Belgium.
He introduced:
a. felons and misdemeanants should be separated and
b. women and children must have separate quarters
Australia – the place which was a penal colony before it became a country.
- convicted criminals in England were transported to Australia, a colony of Great
Britain when transportation was adopted in 1790 to 1875
CORRECTIONS
- The branch of the administration of Criminal Justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders.
- The fourth pillar of the CJS
- Considered as the weakest pillar of the CJS
2 FORMS OF CORRECTIONS
1. INSTITUTIONALIZED CORRECTION
- The rehabilitation of offenders in jail or prison.
PURPOSES OF CONFINEMENT:
To segregate offenders from society; and
To rehabilitate him so that upon his return to the society he shall be responsible and
law abiding citizen.
Purpose:
to insure that the new prisoner is not suffering from any contagious disease
which might be transferred to other prisoners.
PRE-RELEASE TREATMENT
It is the program specifically designed and given to a prisoner, during a
limited period, prior to his release, in order to give him an opportunity to adjust himself
from the regimented group like in prison to the normal, independent life of a free
individual.
Contraband
- anything that is contrary to prison rules and regulations
Prison Discipline – it is the continuing state of good order and behavior in prison. It
includes the maintenance of good standards of work, sanitation, safety, education,
personal health and recreation.
Bureau of Prisons
- Have the general supervision and control of national, provincial prisons
and all penal settlements and is charged with the safekeeping of all prisoners confined
therein.
Bilibid Prison
Built on 1847. It became the central confinement for all Filipino offenders by
virtue of the Royal Decree of the Spanish Crown. (May Haligui Estate)
1936
o City of Manila exchange its Muntinlupa property composed of 552 hectares
piece of land with the Bureau of Prisons lot in Manila.
N.B. Bilibid Prison is now being used by the Manila City Government as Manila
City Jail
E.O. 292 – otherwise known as Revised Administrative Code of 1987
Sections 1705 – 1751, Revised Administrative Code of 1987
The Prison Law in the Philippines
- It renamed the Bureau of Prisons to Bureau of Corrections
Who is a Prisoner?
- a person committed to jail or prison by a competent authority for any of the ff:
reasons:
1. to serve a sentence after conviction
2. trial
3. investigation
Classification of Prisoners:
1. Sentenced prisoners – those who are convicted by final judgment and under the
jurisdiction of a penal institution.
2. Detention Prisoners – those who were detained for the violation of law and have
not yet convicted.
2. City prisoners – sentenced to less than 3 years or a fine of less than 1,000 or both.
3. Provincial prisoners – 6 months and 1 day to 3 years or a fine not more than 1,000
or both.
2. Medium Security
- This shall include those who cannot be trusted in less secured areas and those whose
conduct or behavior require minimum supervision.
3. Minimum Security
- This shall include those who can be reasonably trusted to serve their sentences under
less restricted conditions.
1. Participating in illegal sexual acts or placing himself in situations or behavior that will
encourage the commission of illegal sexual acts;
3. Possessing articles which pose a threat to prison security or to the safety and well
being of the inmates and staff;
7. Gambling, etc.
b. If the disturbance occurs during visiting hours, all visitors shall immediately ushered
out of prison compound or if this is not possible, brought to a pre-determined area
inside said compound. In the latter case, the visitors shall not be allowed to leave the
said area or the compound until disturbance has ceased and the inmates have been
properly identified.
c. At the same time, all guards who are not on duty shall be directed to immediately
report to the desk officer. All critical posts shall be manned to prevent escapes. The
most senior guard present shall take command of the custodial force and make
assessment of the situation.
d. All telephone calls to and from the prison compound shall be controlled
e. Based on the assessment of the prevailing condition by the OIC, he may deploy the
guards in the following groups:
1. 1st Group – the initial wave of anti-riot contingent whose purpose is to disperse
rioters. They are armed with wicker shields, headgears, gas masks and batons.
2. 2nd Group – equipped with teargas guns and gas grenades.
3. 3rd Group – trained in proper handling and use of firearms.
Types of Jail
1. Lock-up jail – is a security facility for the temporary detention of person held for
investigation or awaiting preliminary hearing.
2. Ordinary jail – houses both offenders awaiting court action and those serving
short sentences usually up to 3 years.
3. Workhouse jail farm or camp – houses minimum custody offenders serving short
sentences with constructive work programs.
B. Deputy Chief
- Shall have the rank of Chief Superintendent in the jail bureau;
- A member of the Philippine bar; or
- A holder of relevant Master’s Degree; or
- A Baccalaureate Degree with at least 9 years experience in jail or police work;
- He must have an adequate experience in positions of responsibility and
leadership of at least one year for each field in the following:
-operations
-Administration
-ARD/Chief of Staff/Chief of Division, Central office
c. To provide humane treatment by affording them human basic needs the correctional
community and prohibiting cruel methods rehabilitation.
f.To perform other functions that maybe directed by the Secretary of Justice of other
competent authorities.
4. To receive books, letters, magazines, newspapers and other periodicals that the jail
authorities may allow.
5. To be treated by the Health Services or by their own doctor or dentist at their own
expense upon proper application and approval.
6. To be treated in a government or private hospital, provided it is authorized by the
court at their own expense.
7. To request free legal aid if available and enjoy the right to be visited by their counsel
anytime.
8. To grow hair in their customary style provided it is decent and allowed by the rules.
9. To receive fruits prepared food, subject to inspection and conformity by the jail
officials.
11. To read books and other reading materials available in the jail premises; and
12. To perform such other works as may be necessary for hygienic and sanitary
purposes.
Except for the wearing of prescribed prisoners uniform, all the privileges of
detainees mentioned above may be enjoyed by sentenced prisoners.
Definition of Terms
a. Penal Management – refers to the manner or practice of managing or controlling
place of punishment or jail.
b. Correction – it is the study of jail/prison management and administration as well
as rehabilitation and reformation of prisoners and detainees.
c. Penology – a branch of criminology which deals with management and
administration of inmates.
d. Jail – a place of confinement for inmates under investigation, awaiting or
undergoing trial or serving sentence.
e. Rehabilitation – a program of activity directed to restore an inmate’s self-respect
thereby making him a law-abiding citizen after serving his sentence.
f. 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.
g. Inmate – Either a prisoner or detainee confined in jail.
h. Detainee – a person accused before a court or competent authority who is
temporarily confined in jail while undergoing investigation, awaiting final
judgement.
i. Prisoner – an inmate who is convicted by final judgement and classified as
insular, provincial, city or municipal prisoner.
j. Commitment – means the entrusting for confinement of an inmate to a jail by
competent court or authority for investigation, trial and/or service of sentence.
k. Commitment Order – a written order of the court or any other competent
authority consigning an offender to a jail or prison for confinement.
l. Mittimus – a warrant issued by the court bearing its seal and the signature of the
judge directing the jail or prison authorities to receive the convicted offender for
service of sentence or detention.
m. Detention Mittimus – is an order issued by a competent court addressed to the
jailer or prison officer to receive a person for having committed a criminal
offense for safe custody, subject to the order of the court.
n. Sentence Mittimus – is an order of a competent court, addressed to the jailer or
prison officer to receive a person after conviction from the offense charged to
serve a penalty of imprisonment or subsidiary imprisonment as the case may be.
o. Contraband – any article, item, or thing prohibited by law and/or forbidden by
the jail rules.
p. Escape – an act of getting out unlawfully from confinement or custody by an
inmate.
i. includes not only actually leaving the institution or grounds thereof
by a detainee or prisoner but also being “out of the place” at any
time since the latter maybe tantamount to attempting to escape.
q. Instrument of Restraint – a device, contrivance, tool or instrument used to hold
back, keep in, check or control an inmate; e.g. handcuffs, leg irons.
r. Classification – refers to the assigning or grouping of inmates according to their
sentence, gender, age, nationality, health, criminal records, etc.
s. Custody – – is the maintenance of care and protection accorded to people who
by authority of law are temporarily incarcerated for violation of law and also
those who were sentenced by the court to serve judgment.
t. Security – is the task given to jail or prison administrators and custodial force
personnel to secure the entire establishment and to keep under constant watch
the movements of inmates or wards purposely to avoid involvement of detainees
or prisoners for possible commission of crimes and foremost to prevent any mass
jail breaks ad bloody gangwars among them while under confinement.
u. Control – is the systematic measures taken in ensuring that the movement of
inmates are in accordance with the standing policies, rules and regulations
granted by the court, authorities or administrators at all times.
v. Degree of Custody – extent or strict keeping or charges necessary for a person in
confinement.
w. Lock –up – security facilities manned by the PNP, as their temporary jail facilities.
x. Disorders – it refers to fighting or causing a disturbance or a riot and also other
behaviors such s ; connivance, politicking, threatening or putting in fear.
y. Good Conduct Time Allowance – are rewards for good conduct or behavior,
whereby a prisoner receives partial remission or reduction of his sentence.
z. Diagnostic Treatment – the process of treating a person after determining by
examination or study the nature and circumstances of his condition.
aa. Homosexual – a person with sexual feeling for a person of the same sex, with an
impulse towards genital expression.
bb. Proselytizing – to convert or induce another to change his religious belief or sect.
cc. Sex Deviates – person who commits abnormal sex practices sometimes caused
by physical, grandular and mental differences.
dd. Sick Call – the time when prisoner affected with any disorder of health or illness
will report to a physician for examination or treatment.
ee. Suicide Risk – a prisoner/detainee prone of taking his own life.
ff. Tattooing – the act of pricking and making mark patterns on the skin with
indelible pigment.
gg. Straight Jacket – an outer covering or coat designed to fasten the body for the
purpose of restricting the movement of a boisterous or unruly person.
hh. Inmate’s Privilege – a special right or power conferred on or possessed by one or
more individuals, in derogation of the general right. It is a peculiar benefit or
favor not enjoyed by all.
ii. is something allowed or provided at the discretion of the Prison Authority and it
should be earned.
jj. Inmate’s Rights – is something the prison must allow to provide; it must be
assured because it is inherent in the “Great and Essential Principles of Liberty
and Free Government”.
NOTES:
1. RA 7659 – reimposition of death penalty on heinous crimes
2. RA 8177 – designating death by lethal injection as the method of carrying out
death penalty
The community-based treatment programs are those programs that are intended
to treat criminal offenders with the free community as alternatives to confinement. It
includes all correctional activities directly addressed to the offender and aimed at
helping him to become a law-abiding citizen.
2. PAROLE
Parole is the process of suspending the sentence of a convict after having served
the minimum of his sentence without granting him pardon, and prescribing the terms
upon which the sentence shall be suspended. (Cirilo Tradio).
* Parole is not a reward per se for good behavior but rather, it is a follow-up of his
institutional program.
* Parole is not claimed as a right but it is granted by the Board as a privilege to a
qualified prisoner.
A quasi-judicial body which was created under Act no. 4103 otherwise known as
the Indeterminate Sentence Law or the Parole Law, the agency that grants parole to
any prisoner who is qualified to enjoy its benefit.
3. Habitual Offenders,
5. Those who have been granted with conditional pardon but violated the terms
and conditions thereof, and
3. CONDITIONAL PARDON
Parole: Probation:
Note:
- Download RA10707
- Parole Procedures
- BUCOR Act 2013
- BJMP Manual 2015