Notes on Correctional Administration for 2015 C.L.
E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
 Correction is a branch of the administration of criminal
justice system, charge with the responsibility for
custody, supervision, and rehabilitation of the
convicted offender.
 Classification- is the placing of prisoners into types or
categories for the implementation of the best treatment
programs. It is a method by which diagnostic treatment
planning and execution of treatment programs are
coordinated in individual cases.
 BUPRI – the ship of the Bureau of Prison.
 Departation- imprisonment by designating forced
domicile in a desert or in an island.
 Diversification – is an administrative device of
correctional institutions of providing varied and flexible
types of physical plants for more effective control of the
treatment programs of its diversified population. It is
the separation of different types of inmates for sound
execution of their treatment and custody.
 Fish - the newly arrived inmates.
 Gaol is the old term for a jail.
 Gorilla - an inmate who uses force to take what he
wants from others.
 Golden Age of Penology – 1870-1880/ 18 century.
 Hulks (floating hells) – old and abandoned ships are
used as prison.
 Jail is a primary adult penal institution used for
detention of law violators, which is administered by a
province, city or municipality.
 Lock-up is a security facility usually operated by the
police department for temporary detention of persons
held for investigation or awaiting for trial.
 Manning level – 1:6 inside prison and 2:12 outside the
prison.
 Matron – the keepers of the records inside the prison
such as but not limited to visitorial logbook.
 Mittimus (commitment order or confinement order) - is
a warrant issued by a court directing the jail or prison
authorities to receive the convicted offender for service
of sentence imposed therein.
 Oplan Greyhound – is the search of the offender and
visitors while entering the jail facilities for checking of
contraband.
 Penology (Coin by Francis Leiber) is one of the
principal divisions of criminology with concern with the
study of the principle of punishment and management
of prisons, reformatories and other confinement units.
 Prison Argot – is the slang term of prison language of
the inmate subculture.

 Prison is a confinement facility having custodial
authority over individual sentenced by a court to
imprisonment, which is administered by national
prison.
 Quarantine period – 5 days
 RDC – two months period/ 60 days
 Rat - an inmate who provides information about other
inmates to the prison administration.
 Regalatio – imprisonment in the form of restricting from
the choice of residence.
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 Split sentence- the imposition of penalties such as
imprisonment and fine.
 Trustee - an inmate of a jail or prison who has
assigned to a status of " trust " because he is
considered by the officer or administrator to be
sufficiently responsible given a wider range of work
with less supervision than they others.
 Alexander Macanochie – Superintendent Norfolk Island
Penal Colony in Australia and introduced the Mark
System. A system in which a prisoner is required to
earn a number of marks based on proper department,
labor and study in order to entitle him for a ticket for
leave or conditional release which is similar to parole.
 Aristotle (400 BC) – The Atenian who first attempted to
explain crime in his book NICOMEDIAN ETHICS. He
explains that punishment is a means of restoring the
balance between pleasure and pain. This philosophy is
the forerunner of the Free Will Theory or Classical
Theory.
 Auburn Prison System- This is also called the
Congregate System. The prisoners are confined in
their own cells during the night and congregate work is
shops during the day. Complete silence was enforced,
that is why no communications between prisoners.
 Australia – The biggest penal colony of the world
before it become a country. Prisoners in England were
transported in this place in 1790-1875 to avoid
decongestion.
 Cesare Bonesa, Marchese de Beccaria (1738-1794) –
He wrote the most an essay entitled “An Essay on
Crimes and Punishment”, the most existing essay on
law during this century.
 Charles Montesiquieu (1689-1755) – was a French
historian and philosopher who analyzed law as an
expression of justice. He believe that harsh
punishment would undermine morality and that
appealing to moral sentiments as a better means of
preventing crime.
 Elmira Reformatory – It was established in 1876 for a
substitute for penitentiary, only for young offenders
from the ages of 16-30, convicted for the first time and
limited to indeterminate sentence. Considered the
forerunner of Modern Penology.
 Evelyn Ruggles Brise – The director of prison who
opened the Borstal Institution for young offenders.
Borstal Institution is considered as the best reform
institution for young offenders today. It was established
on 1816.
 Hospicio de San Michelle – It was established at Rome
by Pope Clement XI in 1703 for incorrigible minors
under 20 years of age.
 Jean Jacques Philippe Villain – The founder of Maison
de Force (the Prison of Ghent) and the father of
Penitentiary Science. It divides minor and adult
offenders.
 Jeremy Bentham (1748-1832) – He is the greatest
leader in the reform of English Criminal law. He
believes that whatever punishment designed to negate
whatever pleasure or gain the criminal derives from
crime, the crime rate would go down. Designed
Panopticon Prison, a prison that consists of a large
circular building containing multi cells around the
periphery.
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
 John Howard (1726-1790) – He was sheriff of
Bedsfordshire in 1773 who devoted his life and fortune
to prison reform. After his findings on English Prisons,
he recommended the following: single cells for
sleeping, segregation of women, segregation of youth,
provision of sanitation facilities, and abolition of fee
system by which jailers obtained money form prisoners
 Maison de Force (The Prison of Ghent) – It was
established by Jean Jacques Philippe Villain, who is
considered as the Father of Penitentiary Science at
Ghent, Belgium in 1773. It provides a separate quarter
for minors, men, and women offenders on the bases of
the gravity of the offense committed such as
misdemeanor and felony. Its purpose is to rehabilitate
rather than to punish offender.
 Panopticon – designed by Jeremy Betham, consisted
with a large, cast iron and glass containing multi tiered
cells around the perimeter with an observation tower
that has a special shutter to prevent the prisoners from
seeing the guards.
 Pennsylvania Prison System - It was first introduced at
the Eastern State Penitentiary, designed by JOHN
HAVLAND, erected at the State of Philadelphia. This is
also called Solitary System (Separate system).
Prisoners are confined in single cells day and night
where they lived, they slept, and they ate and receive
religious instructions. Complete silence was enforced.
They are required to read the Bible.
 Singsing Prison – it was built by Warden Elam Lyands
at the abandoned silver mine 30 miles away from the
New York City on the bank of Hudson River in
Ossining 1825. Silence was enforced among prisoners
that even the movement of their lips would result them
to being beaten or flogged.
 The London House of Correction in 1956
(BRIDEWELL) – Bridewell was used for locking-up
employee and whipping beggars, prostitutes and
others misfits. This institution was built for giving
importance to regular work and formulations of habits
of industries. This was renamed Bridewell, because
inside of this compound there was a well, known of its
medicinal properties and was called St. Bridget’s Well
(First house of correction in England)
 Walnut Street Jail - the first American penitentiary
adopting the principles of John Howard of segregating
offenders based on sex, age and mental capacity.
 Walter Crofton – Director of Irish Prison in 1854, who
introduced the Irish System.
 William Penn (1614-1718) - was the governor of the
state of Pennsylvania initiated early reforms in their
prison system. He fought for religious freedom and
individual rights. And 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.
 Zebulon Brockway – Director of Elmira Reformatory in
New York in 1876. Elmira Reformatory is considered
forerunner of modern penology because it had all the
elements of a modern system.
Admission Procedure in Prison:
1. Receiving – prisoners from city or provincial jails
where transferred in the national prison after
conviction by final judgment if the penalty is more
than three years. The prisoners are received at the
Reception and Diagnostic Center for examinations.
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2. Checking – this include the checking of papers and
other documents of prisoner by the prison
administrator, such as travel document or
commitment order issued by judge.
3. Identification – proper identification of prisoner is
done through his picture and fingerprint.
4. Searching – this involves frisking and searching
hidden dangerous things or weapons and other
contraband.
5. Orientation – this is the reading of rules and
regulations of the prisons.
6. Assignment – prisoner is sending to quarantine
unit for a period of seven to ten days.
Admission Summary:
A written report submitted by the RDC staff regarding
their findings on the prisoner, had compiled and forms
the prisoner’s history. The purposes of these are: (1) it
serves as guide for the classification committee in
carrying out programs intended for rehabilitations of
prisoners or prisoner; and (2) guide for parole officer in
parole program, supervision and planning.
Classification Process
Classification is a method by which diagnosis,
treatment, planning and executive of treatment
programs are coordinated in the individual cases. Its
objectives are:
1. The development of an integrated and realistic
program for prisoner.
2. To arrived a through the coordination of the
diagnosis, planning and treatment activities.
3. To informed continuity of these activities from the
time of the arrival to the release of the prisoner.
Three Phases of Classification Process
1. Diagnosis
2. Treatment planning
3. Executive of treatment program
The first two take place at the reception center,
which is a special unit separate from the prison or in
the classification clinic of the prison. The third takes
place at the operating institution or prison.
It is necessary that prisoners should undergo a
diagnostic examination, study and observation for the
purposed of determining the program of treatment and
training best suited to their needs and the institution to
which they should be transferred. These processes
take place in the Reception and Diagnostic Center.
Prison Discipline, Security, Custody and Control:
One of the most important phases of prison
management is the custody and control of prisoners.
The rehabilitation program in prison cannot be carried
out if prisoners are not effectively controlled.
The authorities should consider the
rehabilitation of prisoners as its ultimate goals, though
the primary objective of prison program is security.
Security aims should focused on the prevention of
escape, control of contraband and maintenance of
good and order.
a. Prison Discipline – is the state of good order
and behavior. Includes maintenance of good
standards of works, sanitation, safety,
education, health and recreation.
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
1. Employment of Prisoners - Employment of
b. Preventive Discipline – early correction of prisoners provides for the development or reviving
minor violations committed by prisoners before the skills and work habits, which are instrumental
it become serious one. These includes: to the rehabilitation of inmates and their
1. Hard labor occupational adjustment in a free society. Prison
2. Deprivation administrator will provides reasonable incentive in
3. Monotony time credit and wages in order to encourage other
4. Uniformity prisoners to derive benefits from participation in
5. Mass movement this employment program.

c. Security – safety measures for the
maintenance and order of the prison.
d. Custody – security measures to control the
prisoners in the prison.
e. Control – supervision of the movement
prisoners.
a) Purposes:
 Prevention of escape
 Control of contraband
 Maintenance of good order
b) Canon of sound security and control:
 An adequate system of classification of
prisoners.
 Regular and proper inspection of
security facilities.
 Proper control of firearm.
 Adoption of an adequate system of
counting inmates
 Constructive control of contraband
 Standardized key control, tools and
equipment.
 Other necessary precautionary measure
that will ensure for effective security
control
2. Religious Service - It is employed to guide, sustain
and inspired prisoners to live in a normal life while
they are inside the prison cell.
3. Educational Program - Is an instrumental that
shapes the destiny of man in the field of
correction? It is the most important tools for the
rehabilitation, treatment and training of prisoners.
Goals of education program.
a. To offer inmates sufficient academic education
to enable him to face the needs of the world as
better equipped person.
b. To provide vocational training so that he might
take his proper places in society and
economically free.
c. To offer cultural and hobby activities that will
enable him not only to be better adjusted to his
prison circumstances but to broaden his area
of interests and cultivate the aptitude of looking
forward to his return to a free society.
4. Recreational Program - Is necessary and important
part of the rehabilitation, treatment and training of
prisoners in order to do away with the monotony of
prison life.

Purpose of Security Classification of Offenders 5. Library Services - Play a vital role in providing
institutions with information that would link the
1. To separate offenders who by reason of their events of the free society to the prisoners, who are
criminal record or derogatory character, are likely a member of the society or community.
to exercise a bad influence on other offenders.
2. To separate offenders who by gravity of their 6. Health and Medical Services - Is the proper
offenses, have been sentence to longer periods of maintenance of health of the prisoners by physical
imprisonment and therefore require more security and mental check-up.
facilities.
3. To divide and segregate the offenders into classes 7. Counseling - Is the relationship in which one
to facilitate their rehabilitative treatment. endeavors to help another understand and solve
his problems of adjustment. Its object is to give
Rehabilitation and Treatment Programs immediate solution of a specific problem. It
includes the following:
Rehabilitation programs of prisoners can be a. vocational
carried out through the process of classification and b. casework
custody and control of prisoners. Classification is more c. clinical service
than placing prisoners into types or categories, while
custody and control of prisoners are important phases History of Early Philippine Prisons:
of prison management. Treatment services, on the Prison Creatio Place Admini Produc Lot Area
other hand, are geared toward improving an offender's n strator t
attitude and his philosophy of life. New 1847 Muntinl --------- --------- 552
Bilibid upa ------ --------- hectares
Prison 1936 City -
In the modern concept of penology, a
Note: Two Satellites: Bukang Liwayway- intended for
correctional institution in order to be effective Minimum Security Prisoners and Camp Sampaguita -
machinery in the prevention and control of crime Reception and Diagnostic Center is located and intended for
should see to it that its prevention or programs is Medium Security Prisoners and Youth Rehabilitation Center.
geared to protect the society, and at the same time to San August Zambo Capt. Copra 1,542.61
rehabilitate the offender. Although this may entail a Ramon 21, anga Ramon Hectares
Blanco
long range program of rehabilitation it is important Prison 1869 City
nonetheless because its success will mean sending and
the offender back to that community as a useful and Penal
law-abiding citizen for the rest of his life. Farm

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
Iwahig Novem Sta. Gover Copra, 36,000 4. Minimum security Offenders (brown) - are those
Penal ber 16, Lucia nor Rice hectares who can be reasonably trusted to serve their
Colony 1904 Pala- Forbe and sentence under open conditions.
wan s Corn a. Invalid offenders of those who have physical
Note: Four Colonies: Sta. Lucia, Inawagan, Montible and disabilities.
Central
b. Offenders who are over sixty-five (65) years of
Correct Nov. Manda dressm 18
ional 27, -luyong aking, Hectares age.
Instituti 1929 Manila handicr c. Offenders who have one (1) more year to
on for aft serve before the expiration of their sentence.
Women d. Life timers who have served at least fifteen
Davao Januar Tagum Paulino Abaca 18,000 (15) years of their imprisonment excluding
Penal y 21, Davao Santos and Hectares Good conduct Time Allowance.
Colony 1932 Banan
a Pardon is a form of executive clemency, which is
Note: Sub-Colonies: Panabo sub-colony and Kapolong sub- exercised by the Chief Executive. It is an act grace and
colony.
the recipient of pardon is not entitled to it as a matter of
Sablay Septe Sabla- Alfredo Rice 16,403
an mber yan, M. and .5 right.
Penal 27, Occiden Bunye Vegeta Hectar
tal Kinds of Pardon
Colony 1954 bles es
Mindoro
and a. Absolute or Conditional
Farm The former is one extended without any strings
Leyte Januar Abu- Vicente attached, so to speak, whereas the latter is one
Region y 16, yog Rabal under which the convict is required to comply with
al 1973 Leyte certain requirements.
Prison b. Plenary or Partial
Note: the oldest Prison is the Fort Santiago in Manila The former extinguishes all the penalties imposed
upon the offender, including accessory disabilities
Categories of Prisoners under P.D. No. 29 whereas the latter does not.
1. Municipal Prisoners - not more than six (6) months.
2. Provincial or City Prisoners - not more than three Purposes of Absolute Pardon
(3) years. a. To do away the miscarriage of justice.
3. National Prisoner or Insular Prisoner - more than b. To keep abreast with the current philosophy,
three (3) years. concept or practice of criminal justice
administration.
Security Classification of Offenders c. To restore full political and civil rights of persons
1. Super Maximum Security Offenders – are those who have already serve their sentences and have
incorrigibles and dangerous prisoners who are waited the prescribed period.
difficult to manage.
Limitation of the Pardoning Power
2. Maximum Security Offenders (orange) - are those 1. Pardon cannot be extended to cases of
whose escape could be highly dangerous to the impeachment.
public or to the security of the country. 2. No pardon, amnesty, parole, or suspension of
a. Offenders whose sentence is more than twenty sentence for violation of election laws, rules, and
(20) years. regulations shall be granted by the president
b. Remand or detained offenders whose without the favorable recommendation of the
sentence is under review by the Supreme Commission.
Court. 3. Pardon is exercised only after conviction.
c. Offenders who are criminally insane or have
severe personality or emotional disorder that Conditional pardon is in the nature of a contract, so
makes him dangerous both to fellow inmates that the recipient must first accept it before it takes
or prison personnel. effect. The pardonee is under obligation to comply
strictly with the conditions imposed therein. Otherwise,
3. Medium Security Offenders (blue) - are those who his non-compliance will result in the revocation of the
cannot be trusted to open conditions and pose less pardon (Art. 95, RPC). If the pardonee violates any of
danger to society in the event of their escape. the conditions of his pardon, he will be prosecuted
a. Offenders whose minimum sentence is less criminally as a pardon violator. Upon conviction, the
than twenty (20) years. accused will be sentenced to serve an imprisonment of
b. For those who have two or more records of prision correctional. However, if the penalty remitted by
escape, they must be served eight (8) years at the granting of such pardon is higher that six (6) years,
the maximum security, before recommitted in the pardonee will be made to serve the unexpired
the medium security. portion of his sentence. (Art. 159, RPC)
c. Youth offender whose age is eighteen (18)
years old or younger regardless of the nature
Amnesty is a general pardon extended to groups of
of the case and sentence.
persons and is generally exercised by executive
d. Life sentences offenders, if they have served
clemency with the concurrence of the Congress.
ten (10) years of imprisonment, excluding
Good Conduct Time Allowance, in the
Objectives of Amnesty
maximum-security prison.
1. To pardon those who committed crimes against the
security of the state who have changed their
attitude towards the government and have

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 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
voluntarily surrendered with their arms and
ammunitions.
2. To get the dissidents back into the fold of law-
abiding citizens.
3. To gather the loose firearms.
Commutation is an act of clemency by which an
executive act changes a heavier sentence to a less
serious or a longer term to a shorter term. It may alter
death or life sentence to a term of years.
Purpose of Commutation
1. To break the rigidity of law
2. To extend paroles in cases where the parole law
does not apply
3. To save life of a person sentenced to death
Specific cases where commutation is provided by
law
1. When the convict sentenced to death is over 70
years of age. (Art. 83, RPC)
2. When ten (10) justices of the Supreme Court fail to
reach a decision for the affirmance of the death
penalty. (Art. 47, RPC)
Reprieve is the temporary stay of the execution of
sentence.
Good Conduct Time Allowance is the statutory
shortening of the maximum sentence the prisoner
serves because of good behavior while in prison. This
is called “good-conduct time” and is given by law as
motivation for good behavior while serving sentence in
prison.
Act No. 2489. Otherwise known as the Industrial Good
Time Law, provides that when a prisoner has been
classified as a trusty or penal colonist, he is given an
additional five (5) days time allowance for every month
of service. A prisoner serving life sentence has his
sentence automatically reduced to 30 years of
imprisonment upon attaining the classification of trusty
or penal colonist.
Art. 98, RPC. Special time allowance for loyalty-
A deduction of 1/5 of the entire penalty in accordance
with article 158 of the RPC.
 Calamities/catastrophes
 Executive proclamation
 Surrendered within 48 hours
Act No. 4103, as amended by Act No. 4225
(ISLAW). INDETERMINATE SENTENCE – is a
sentence with a minimum term and a maximum term
which the court is mandated to impose for the benefit
of a guilty person who is not disqualified therefore
when the maximum imprisonment exceeds one (1)
year. It applies to both violations of Revised Penal
Code and special penal law.
It applies both acts punishable by;
1. RPC
 Maximum penalty – consider the attending
circumstances of mitigating and aggravating in
fixing the penalty
 Minimum penalty – within the range of one
degree lower of the prescribed maximum
penalty.
2. Special Law.
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 Maximum penalty – shall not exceed the
maximum penalty provided by law.
 Minimum penalty – shall not be lower than the
penalty allowed by law.
The indeterminate Sentence Law shall not apply to
the following persons:
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President,
but violated the terms thereof
8. maximum term of imprisonment do not exceeding
1 year
9. sentenced to the penalty of destierro or
suspension only.
A. HISTORY OF PROBATION LAW
TEODULO NATIVIDAD Father of probation in
Philippines
JOHN AGUSTUS Father of probation in
United State
MATHEW DAVENFORD Father of probation in
HILL England
Presidential Decree No. 968, which
established a probation system as a less costly
alternative to the imprisonment of the offenders who
are likely to respond to individualized, community-
based treatment programs is the second legislation
that enforces a probation system in the country. The
first legislation was Act No. 4331, enacted by
Philippine Legislature on August 7, 1935 and which
created a Probation Office under the Department of
Justice. However, because of some defects in law, Act
No. 4221, was declared unconstitutional on November
16, 1937, in the case of People vs. Vera (37 O.G. 164)
for undue delegation of legislative power
P.D. No. 968, known as the Probation Law of
1976, was promulgated on July 24, 1976. It was later
on amended by P.D. No. 1257 on December 1, 1977
and later on by P.D. No. 1990 on October 5, 1985.
PROBATION is a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the supervision
of a probation officer.
PURPOSE
1. Promote the correction and rehabilitation of an
offender by providing individualized treatment;
2. Promote an opportunity for the reformation of a
penitent offender which might be less probable if
he were to serve a prison sentence; and
3. Prevent the commission of crime.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND the
execution of the sentence, and place the defendant
on probation, upon APPLICATION by the
defendant within the period for perfecting an
appeal.
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
2. Probation may be granted whether the
sentence imposes a term of imprisonment or a fine
only.
3. NO application of probation shall be
entertained or granted if the defendant has
PERFECTED AND APPEAL from the judgment of
conviction.
4. Filling of application for probation operates as
a WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial court
and the other granting or denying.
6. Accessory penalties are deemed suspended
once probation is granted.
POST-SENTENCE INVESTIGATION
 Not later than 60 days - period of post sentence
investigation conducted by probation officer
 Not later than 15 days- the court resolved the
application.
PROBATION SHALL BE DENIED IF THE COURT
FINDS THAT
1. Offender is in need of correctional treatment
2. There is undue risk of committing another crime
3. Probation will depreciate the seriousness of the
offense committed
DISQUALIFIED OFFENDERS:
1. Sentenced to serve a maximum of imprisonment
of more than 6 years.
2. Convicted of subversion or any crime against the
national security or the public order.
3. Previously convicted by final judgment of an
offense punished by imprisonment of not less than
1 month and 1 day and/or a fine not more than
P200.
4. Once placed on probation.
CONDITIONS OF PROBATION
1. Mandatory or general – once violated, the
probation is cancelled. They are:
a. Probationer Presents himself to the probation
officer designated to undertake his
supervision, at such place as may by specified
in the order, within 72 hours from receipt of
order;
b. He Reports to the probation officer at least
once a month
2. Discretionary or special
PERIOD OF PROBATION
1. Not more than 1 year = not exceed two years
2. In all other cases = shall not exceed six years.
3. For fine = not more than twice the
total number of days of subsidiary imprisonment.
Maximum Periods for Rendition of Judgments
1. Supreme Court - 24 months
2. Court of Appeals and other collegiate courts - 12
months
3. Municipal Trial Courts and other lower courts - 3
months
Theories of Penology:
1. Absolute theories – these theory concerns with the
legalistic approach on penal applications as a
ground of calling justice. The imposition of
punishment is a retributive nature of justice
reformation, deterrence, crime prevention, self-
defense and control. It adopts the principle of
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“nullum crimen, nulla sine poena lege” there is no
crime if there is no law punishing it.
2. Relative theories – these theory concerns that
punishment is a utility and usefulness of the
society.
Classifications:
a. Reformative – reformation is the ultimate
objective of punishment.
b. Exemplarity – punishing criminals will deter the
others from committing crimes.
c. Protective – people must be protected from
socially danger persons.
3. Compromisual theory – this theory settles the
concept of justification, sentiments and grounds for
punishment through compromises of conflicting
views. Its objectives concern with retribution and
deterrence of criminals.
Early Laws Prescribing Penalty:
1. Code of Hammurabi - King Dungi of Sumer (part of
Iraq today) is credited with developing one of the
first legal codes in about 2000 B.C. its content is
known today because it was adopted by
Hammurabi (1792-1750 B.C.), the sixth king of
Babylon, in his famous set of written laws that
today is known as the Code of Hammurabi.
Preserved on basalt rock columns, the code
establishes crimes and their correction.
Punishment was based on the physical retaliation
or lex talionis (an eye for an eye).
2. Twelve Tables (451 B.C.) - A special commission
of 10 noble Roman men formulated the Twelve
Tables in response to pressure from the lower
classes, who were referred to as plebeians. The
plebeians believed that an unwritten code gave
arbitrary and unlimited power to the wealthy
classes, known as patricians, who served as
magistrates.
3. Burgundian Code (5000 AD) – Punishment
according to social class of person such as
nobles, middle and lower classes.
4. Benefit of the Clergy – An alternative of severe
punishment by submitting the offenders into the
custody of an ecclesiastical court. It is less punitive
because it focuses on the salvation of the soul by
the penitent offenders rather than administering
physical punishment.
5. Securing Sanctuary (13th century) - Criminals may
avoid the arrest and punishment by claiming a
refuge or protection in a church for 40 days,
then at the end of such periods he will be
compelled to live the realm by the road or way
designated to him out from the hands of the
authority.
6. Trial by Ordeal – A church substitute for a trial
wherein guilt or innocence of the accused was
determined by his ability of being unscathed
through dangerous and painful tests.
Early forms of Punishment
1. Corporal/ Death penalty – these includes
beheading, hanging, pillory, burning and among
others.
2. Physical Torture – these includes flogging,
mutilation and branding.
3. Social humiliation – it is done by putting the
offender into shame.
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
4. Banishment or exile – it is carried by placing the 2. Self - defense - the state has a right to punish the
offender into another place. criminal as a measure of self-defense so as to
5. Slavery – it is done by compelling the offender to protect society from the threat and wrong inflicted
perform hard labor. by the criminal.
3. Reformation - the object of punishment in criminal
Contemporary Forms of Punishment and cases is to correct end reform the offender.
Clemencies: 4. Exemplarity - the criminal is punished by the state
1. Imprisonment as act to deter others from committing crimes.
2. Parole 5. Justice - that crime must be punished by the state
3. Probation as an act of retributive justice, a vindication of
4. Pardon absolute right and moral violated by the criminal.
5. Amnesty
6. Fine Extinction of Criminal Liability
7. Destierro a. Total Extinction
b. Partial Extinction
Goals of Sentencing
1. Retribution - is the act of taking revenge upon a Total Extinction of Criminal Liability
criminal perpetrator. 1. Death of the convict
2. Incapacitation - is the use of imprisonment or other 2. Service of sentence
means to reduce the likelihood that an offender will 3. Amnesty
be capable of committing future offenses. 4. Absolute pardon
3. Deterrence - is a means, seeks to prevent others 5. Prescription of crime
from committing crimes or repeating criminality 6. Prescription of penalty
4. Rehabilitation - is the attempt to reform a criminal
offender is said to be rehabilitated. Period of Prescription of Crimes
5. Restoration - a goal of which attempts to make the a. Crimes punishable by Death, Reclusion Perpetua
victim whole again. or Reclusion Temporal - 20 years;
b. Crimes punishable by other Afflictive penalties - 15
General Classification of Penalties years;
1. Principal Penalties - those expressly imposed by c. Crimes punishable by correctional penalties - 10
the court I the judgment of conviction. years, except arresto mayor - 5 years;
a. Capital punishment: Death Penalty d. Crime of libel or other similar offenses - 1 year;
b. Afflictive Penalties: e. Offenses of oral defamation and slander by dead -
c. Correctional Penalties 6months;
d. Light penalties f. Light offenses - 2 months;

2. Accesory Penalties - those that are deemed Period of Prescription of Crimes under Special
included in the imposition of the principal penalties. Laws or Ordinances
a. Perpetual or Temporary absolute a. Offenses punished only by a fine or imprisonment
disqualification for not more than one month, or both - 1 year;
b. Perpetual or Temporary special disqualification b. Offenses punished by imprisonment for more than
c. Suspension from public office, the right to vote one month, but less than 2 years - after 4 years;
and be voted for, the profession or calling c. Offenses punished by imprisonment for two years
d. Civil Interdiction or more but less than six years - after 8 years;
e. Indemnification d. Offenses punished by imprisonment for six years
f. Forfeiture or confiscation of instruments and or more - after 12 years;
proceeds of the offense e. Offenses under Internal Revenue Law - after 5
g. Payment of cost years;
f. Violations of municipal ordinances - after 2 months;
Classification of Principal Penalties According and
Divisibility g. Violations of the regulations or conditions or
1. Divisible Penalties certificate of convenience by the Public Service
2. Indivisible Penalties Commission - after 2 months.

Classification of Penalties According to Subject- Computation of Prescription of Offenses

Matter
1. Corporal (death)
2. Deprivation of Freedom (reclusion, prision, arresto)
3. Restriction of Freedom (destierro)
4. Deprivation of Rights (disqualification and
suspension)
5. Pecuniary
Purpose of the State in Punishing Crime
 Secure justice.
Theories Justifying Penalties
1. Prevention - the state must punish the criminal to
prevent or suppress the danger to the state arising
from the criminal acts of the offender.
a. The period of prescription commences to
run from the day on which the offended party, the
authorities or their agents discover the crime.
b. It is interrupted by filing of the complaint or
information.
c. It commences to run again when such
proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped
for any reason not imputable to him.
d. The term of prescription shall not run when
the offender is absent from the Philippines.
7. Prescription of penalty - is the loss or forfeiture of
the right of the government to execute the final
sentence after lapse of a certain time.

7 Prepared by: JRDC

 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
Conditions necessary in prescription of penalty
a. That there must be final judgment;
b. That the period of time prescribed by law for its
enforcement has elapsed.
Period of Prescription of Penalties
a. Crimes sentence to death and reclusion perpetua -
20 years;
b. Other afflictive penalties - 15 years;
c. Correctional penalties - 10 years except arresto
mayor - 5 years; and
d. Light penalties - 1 year.
Computation of Prescription of Penalties
a. The period of prescription of penalties commences
to run from the date when the culprit evaded the
service of is sentence.
b. It is interrupted if the convict -
1. Gives himself up,
2. Be captured,
3. Goes to foreign country with which we have no
extradition treaty, or
4. Commits another crime before the expiration of
the period of prescription.
8. By marriage of the offended party - marriage of the
offended party after the commission of any crimes
of rape, seduction, abduction, or acts of
lasciviousness must be contracted by the offender
in good faith. The marriage contracted only to
avoid criminal liability is devoid of legal effects.
Partial Extinction of Criminal Liability
1. By conditional Pardon - is considered between the
sovereign power of the executive and the convict
that the former will release the latter upon
compliance with the condition.
2. By commutation of sentence - is an act of
clemency by which the Chief Executive changes a
heavier sentence to a less serious one or a longer
term to a shorter term.
3. By good conduct time allowance - is an allowance
for good conduct of the prisoner while serving his
sentence.
1-2 years 5 days per/month
3-5 years 8 days per/month
6-10 years 10 days per/month
11 years up 15 days per/month
4. Parole - consist of suspension of the
convict after serving the minimum term of the
indeterminate penalty, without granting a pardon,
prescribing the terms upon which the sentence
shall be suspended.
Duration of Different Penalties (Art. 27 RPC)
1. Perpetual penalties - convict is pardoned after
undergoing the penalty for 30 years, except when
he is not worthy of pardon by reason of his conduct
or some other serious cause.
2. Reclusion temporal - 12 years & 1 day to 20 yrs.
3. Prision mayor and temporary disqualification - 6
years & 1 day to 12 yrs
4. Prision correctional, suspension, and destierro - 6
months & 1 day to 6 yrs.
5. Arresto mayor - 1month &1 day to 6 months
6. Arresto menor - 1day to 30 days.
8 Prepared by: JRDC
7. Bond to keep the peace - the period during which
the bond shall be effective is discretionary to the
court.
Computation of penalties (Art. 28)
a. If in prison - shall be computed from the day on
which the judgment of conviction shall have
become final.
b. If not in prison - shall be computed from the day
that the offender is placed at the disposal of the
judicial authorities for the enforcement of the
penalty.
c. If for other penalties - shall be computed only from
the day on which the defendant commences to
serve his sentence.
Period of preventive imprisonment deducted from
term of imprisonment (Art. 29 of RPC)
a. 1/1 or full term - if the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners, except if the offender is recidivists or
when upon being summoned for the execution of
their sentence they have failed to surrender
voluntarily.
b. 4/5 - if the detention prisoner does not agree to
abide by the same disciplinary rules imposed upon
convicted prisoners.
c. Whenever an accused has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment of the offense
charged to which he may be sentenced and his
case is not yet terminated, he shall be released
immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the
same is under review.
d. Destierro - shall be released after thirty (30) days
of preventive imprisonment.
Rule on Subsidiary penalty (Art. 39 RPC). —
Subsidiary penalty – is a subsidiary personal liability to
be suffered by the convict who has no property with
which to meet the fine, at the rate of one day for each
eight pesos, subject to the rules provided in Art. 39.
1. When the principal penalty imposed is only a fine
a. Grave or less grave felony - not exceeding 6
months
b. Light felony – not exceeding 15 days
2. No subsidiary imprisonment if the penalty is higher
than prison correctional or 6 years.
3. The subsidiary personal liability which the convict
may have suffered by reason of his insolvency
shall not relieve him, from the fine in case his
financial circumstances should improve.
  Graduation of Penalties:
a. By Degrees – refers to (1) the stages of execution
(consummated, frustrated, or attempted); and (2)
the degree of the criminal participation of the
offender (whether as principal, accomplice, or
accessory)
b. By Periods – refers to the proper period of the
penalty, which should be imposed when
aggravating or mitigating circumstances attend the
commission of the crime.
Basis for the Penalty of Impossible Crime under
article 59 of RPC (Arresto mayor)
1. Social danger; and
2. Degree of criminality shown by the offender
 Notes on Correctional Administration for 2015 C.L.E
By: Johnny Rey D. Cailing, RC, CSP, MSCRIM
The death sentence shall be commuted to reclusion
The Three-Fold Rule on successive service of perpetua if the act is punishable by RPC and Life
sentence under Art. 70 of RPC imprisonment in cases of special law.

a. The maximum duration of the convict’s sentence
shall not be more than three times the length of
time corresponding to the most severe of the
penalties imposed upon him.
b. But in no case to exceed 40 years.
c. This rule shall apply only when the convict is to
serve 4 or more sentences successively.
d. Subsidiary penalty forms part of the penalty.
Different Systems of Penalty, relative to the
execution of two or more Penalties imposed on
one and the same accused.
1. Material Accumulation System. No limitation
whatever, and accordingly, all the penalties for all
the violations were imposed even if they reached
beyond the naturals span of human life.
2. Judicial Accumulation system. Limited to not more
than three-fold the length of time corresponding to
the most severe and in no case to exceed 40
years. This is followed in our jurisdiction.
3. Absorption System. The lesser penalties and
absorbed by the graver penalties.
Concept of complex penalty under article 77 of
RPC.
A complex penalty is a penalty prescribed by law
composed of three distinct penalties, each forming a
period: the lightest of them shall be the minimum, the
next the, medium, and the most severe the maximum
period.
Concept of Destierro. — The person is not permitted
to enter place or places designated in the sentence,
within the radius not more than 250 and not less than
25 kilometers from the place designated.
Example of crimes punishable by destierro:
1. Death or serious physical injuries is caused or are
inflicted, under exceptional circumstances (Art.
247);
2. Failure to give bond for good behavior in grave and
light threats (Art. 234);
3. Penalty for the concubine in concubinage (Art.
334);
4. When, after reducing the penalty by one or more
degrees, destierro is the proper penalty
“Those who fail to prepare must be prepared to
FAIL”
Capitol University Criminology Review Center
Cagayan de Oro City
Tel. No. (088)710995
Mobile: 09165418166
JOHNNY REY D. CAILING
Review Facilatator
---0---

Suspension of the execution of the death sentence

under article 83 of RPC. — The death sentence shall
not be inflicted upon a woman within the three years
next following the date of the sentence or while she is
pregnant, nor upon any person over seventy years of
age. In this last case, the death sentence shall be
commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40.

Death Penalty shall not be imposed (Art. 47RPC)

1. Under Age. When the offender is below 18 years of
age at the time of the commission of the crime.
2. Over Age. When the guilty person is more than
seventy (70) years of age.
3. No Court Majority. When upon appeal or automatic
review of the case by the Supreme Court, the vote
of eight members is not obtained for the imposition
of the death penalty.

Death sentence shall be suspended when the

accused is

1. Woman:
a. within 3 years next following date of the
sentence
b. while pregnant;
c. within one (1) year after delivery;
2. Person over seventy (70) years of age;
3. Convict who becomes insane, after final
sentence of death has been pronounced.

Note:
9 Prepared by: JRDC