CORRECTIONAL ADMINISTRATION, JAIL
AND PRISON MANAGEMENT
Penology or Penal Science
– it is the division of criminology that focus with the
philosophy and practice of society in its efforts to
repress criminal activities.
– a sub-component of criminology that deals with the
philosophy and practice of various societies in their
attempts to repress criminal activities, and satisfy
public opinion via an appropriate treatment regime
for persons convicted of criminal offences.
(wikipedia)
It is derived from the Latin word “poena” which
means “punishment” or “suffering”. (Poine – Greek
word meaning pain or penalty)
Its goal is to;
1. bring to light the ethical basis of punishment on
the offender, along with the reason and purpose
of society in inflicting it; and
2. To make a relative study of penal laws and e
valuate the social consequences of the policies
enforce at a given time.
Punishment
– a means of social control.
– It is defined as the redress that the state takes
against an offending member.
Correction
– is defined as the community’s reaction to a
convicted offender.
– It deals with the branch of criminal justice, charged
with the responsibility of custody, supervision and
rehabilitation of the convicts.
In the Philippines the most common punishment
meted to criminal offender is imprisonment.
Reclusión perpetua – 20 years and 1 day to 40
years
Reclusión temporal – 12 years and 1 day to 20
years
Prisión mayor – 6 years and 1 day to 12 years
Prisión correccional – 6 months and 1 day to 6
years
Arresto mayor – 1 month and 1 day to 6 months
Arresto menor – 1 day to 30 days
Different Juridical Conditions of Penalty:
1. Must be productive of suffering without
however affecting the integrity of the human
personality.
2. Must be commensurate with the offense.
Different crimes must be punished with different
penalty.
3. Must be personal. No one should be punish for
the crime of another.
4. Must be certain. No one may escape its effect.
5. Must be legal. This means that due process must
be observed before the imposition of
punishments.
6. Must be equal for all. This borders on the fact
that the state would have to apply the laws
without bias and favor and its imposition is
general.
7. Must be correctional. It must be able to redeem
and uplift the valuable human material and
prevent unnecessary deprivation of liberty and
economic usefulness.
Purpose Of The State In Punishing Crimes
The State has an existence of its own to maintain, a
conscience to assert, and moral principles to be
vindicated. Penal justice must therefore be exercised
by the State in the service and satisfaction of a duty,
and rests primarily on the moral rightfulness of the
punishment inflicted (to secure justice). The basis of
the right to punish violations of penal law is the
police power of the State.
Theories Justifying Penalty:
1. Prevention – to prevent or suppress the danger to
the State arising from the criminal act of the offender.
2. Self-defense – so as to protect society from the
threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in
criminal cases is to correct and reform the offender.
4. Exemplarity – the criminal is punished to serve as
an example to deter others from committing crimes.
5. Justice – that crime must be punished by the State
as an act of retributive justice, a vindication of
absolute right and moral law violated by the criminal
Three – Fold Purpose Of Penalty Under The
Code:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation – shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty.
3. Social defense – shown by its inflexible severity
to recidivists and habitual delinquents.
Forms of Punishment during the primitive era:
1. Death penalty
– It was carried out by hanging, immersing in
boiling water, burning and feeding to wild
animals.
2. Corporal punishment
 – The offender is inflicted with penalties such as
mutilation, disfiguration, flogging and maiming.
3. Public humiliation
– It causes shame to the offender wherein they
are shaved off their hair, branded, and the use of
stocks, pillory and docking stool.
4. Banishment
– The offenders are transported to barren, newly
discovered territory and are not permitted to gain
re-entry to their homeland.
Justification of Punishments:
1. Retribution – personal vengeance
2. Atonement or Expiation – group vengeance
3. Deterrence - the offender when punished and
inflicted with suffering would learn the lessons
the hard way.
4. Protection - social defense wherein the society
would gain protection by putting criminals
behind bars.
5. Reformation – punishment operates by
attempting to reform and rehabilitate law
violators and would return to the community as
responsible and productive members of society.
Earlier Punishments according to the Bible
1. The first display of punishment is when God
thrown Lucifer and other angels from heaven.
2. Second, when Adam and Eve broke the law of
God, they were also thrown out from the Garden
of Eden.
3. Third, when Cain murdered his brother Abel,
God punished him by placing mark on his brow.
It was a cursed of God upon him.
4. Fourth, God punished people for gross violating
His law through great flood which covered the
Biblical World, wherein it rained for forty (40)
days and nights.
5. Fifth, the destruction of fire and brimstone at
Sodom and Gomorrah.
Law of Vendetta – means personal vengeance or
revenge. A family whose member was murdered by a
member of another family took justice in their hand
by murdering members of the opponent family.
Rido – Retaliation or “blood feuds” between families
and clans. This is the endless killing, which destroy
the two warring families, clan or tribe in the
Philippines.
Codification of Early Laws
three main legal systems of the world
1. Roman Law,
2. Mohammedan or Arabic Law, and,
3. Anglo-American Laws.
Ancient Codes
King Ur – Nammu Code (2100 BC)
– the oldest known law code surviving today.
It is written on tablets in the Sumerian language
Decreed the imposition of restitution and at the same
time savage penalties.
It holds the principle that offenders can be punished
and at the same time to reimburse the victim for the
value of whatever has been taken or suffered by him
as a result of crime.
Retribution degraded the offender and restitution
elevated the status of the victim.
It does not carry the death penalty because in case of
death or physical injuries to the victim, punishment
has to be confined only to the financial consequence
of the crime.
HAMMURABIC CODE (1750 BC)
- Named after King Hammurabi in Babylonia
Enacted as the first formal laws that deals with the
imposition of justice known as lex taliones (an eye
for eye and tooth for a tooth).
It consists of 282 laws
It imposes a stiffer penalty against those who are rich
and powerful than those belongs to lower rungs of the
society. Hammurabic Code, credited as the oldest
code, practice by Manama Darma of India, Hermes
Trismegitus of Egypt and Mosaic Code in the Bible
particularly the Book of Leviticus of the Old
Testament.
MOSAIC CODE
According to the Book of Exodus, Mosaic Law was
given to Moses and the Israelites as part of the
Mosaic Covenant. The Covenant was an agreement
between the Israelite people and their God. ... Sinai to
speak with God and receive his law. There, God
passed down the Ten Commandments to Moses,
forming the basis of Mosaic Law.
– it premised on the concept of retribution, also allow
restitution because it allows the offender and the
victim to come to a settlement under mediation of the
legal authorities. The Mosaic Code allowed extreme
punishment such as flogging and burning alive.
Here are some of early forms of punishment:
- Branding - it is the burning with red hot iron the
first letter of his offense on his forehead or hand
of the culprit;
- Flogging – an act of beating or whipping the
culprits of rods, switches, the cat o' nine tails and
the sjambok;
- Iron Maiden - it is a hollow form shaped like a
human and made of an iron braced with iron
strips used in torturing suspect to admit the crime
he committed. In this process, the more he
denied, the more he will sacrifice to death;
- Milk and Honey – a person is encased in a box
from which his head, hands and feet protruded,
forcibly feed with milk and honey, smeared to
his face, and then exposed to the sun for
seventeen days. The person suffered a horrible
condition until he had been devoured alive by
insects and vermin which swarmed about him
and bred within him.
Mithridates – the Persian general was tortured to
death by means of milk and honey.
GREEK CODE OF DRACO
Also known as Draconian Constitution or Draco’s
Code
Draco also called Drako or Drakon, was the first
recorded legislator of Athens in Ancient Greece.
He replaced the prevailing system of oral law and
blood feud by a written code to be enforced only by a
court of law.
Draco was the first democratic legislator, requested
by the Athenian citizens to be a lawgiver for the city-
state
A code that provides the same punishment for both
Greek citizens and the slaves.
The punishments inflicted by Greek justice included;
Stoning to death
– (John 8.7:, "Let he who is without sin cast the first
stone").
The prisoner is buried either up to his waist (if male)
or up to her shoulders (if female) and then pelted with
stones by a crowd of volunteers until obviously
battered to death.
The stones must be small enough that death cannot
reasonably be expected to result from only one or two
blows, but large enough to cause physical harm.
The average execution by stoning is extremely
painful, lasting at least 10 to 20 minutes.
Breaking on the wheel
– the offender’s body is fastened by metals bands to a
board made of wood and then had their bones broken.
Other forms of punishment imposed by Ancient
Greek justice.
Burning alive Strangling
Poisoning Banishment
Penal (imprisonment) slavery Branding
Payment of fines were
LAW OF THE TWELVE TABLES (450 BC)
– set of laws inscribed on 12 bronze tablets and set-
up on the forum
It represents the earliest codification of Roman Law
It is the foundation of all public and private law of
the Romans concentrating on relationship between
individuals.
JUSTINIAN CODE (529 AD)
– Laws created by Byzantine Emperor Justinian I.
The Byzantine Empire was another name for the
surviving eastern half of the Roman Empire.
Justinian Code became the standard law in all areas
occupied by the Roman Empire particularly in
Europe.
This code was an upgraded version of Twelve Tables
BURGUNDIAN CODE (The Lex Burgundionum)
– refers to the law code of the Burgundians
probably issued by king Gundobad.
influenced by Roman law
it deals with domestic laws concerning marriage and
inheritance as well as regulating weregild and other
penalties.
Interaction between Burgundians is treated separately
from interaction between Burgundians and Gallo-
Romans.
Weregild also spelled wergild, wergeld
– also known as man price (blood money), was
established on a person's life, paid as a fine or
compensatory damages to the family when that
person's life is taken or is otherwise injured.
– the sum at which a man was valued and by the
payment of which his death could be compensated
The punishments being imposed in this era
includes the following:
a. Stocks and Pillory – The stocks consist of
placing boards around the ankles and wrists,
whereas, with the pillory, the boards are fixed to
a pole and placed around the arms and neck,
forcing the punished to stand.
b. Furca - a V-shaped yolk worn around the neck
and where the outstretched arms of the convict
were tied.
c. Underground Cistern - used to detain offenders
undergoing trial in some cases and to hold
sentenced offenders where they were starved to
death;
d. Ergastulum - used to confine slaves where they
were attached to workbenches and forced to do
hard labor in the period of their imprisonment;
THE SECULAR LAWS (4AD)
– These laws were advocated by Christian
Philosophers St Augustine and St. Thomas Aquinas.
During this period, three laws were distinguished:
External Law (Lex External),
 Natural Law (Lex Naturalis), and
Human Law (Lex Humana).
All these laws are intended for the common good, but
the human law only becomes valid if it is does not
conflict with the other two laws.
PAPAL DECLARATION ON SANCTUARY by
Pope Innocent VIII (1487AD)
– Decreed that refugee offenders be driven out of the
sanctuary if they used this for committing a crime.
Sanctuaries are maintained by the church for the
offenders who would seek refuge when they are
accused of crimes.
A criminal could avoid punishment by claiming
refugee in a church for 40 days and at the end of
which time he was compelled to leave the realm by a
rod or path assigned to him. After the declaration,
sanctuaries began to decline and refuse to admit
offenders accused of arson, rape, murder and robbery.
PAPAL DECLARATION ON DEATH
PENALTY.
Pope Leo I – was the first Pope to fully express
approval of death as penalty.
 Priscillian was the first recorded
Christian who was put to death for
being heretic.
Pope John Paul II – Pro-life Pope, He calls to
reject the death penalty, population control that
results to abortion and use of contraceptives that
are artificial, euthanasia or killing of the
elderly, terminally ill, the infirm, the
handicapped and in the guise of dying with
dignity.
KING HENRY THE VIII DECREE (1531) - King
Henry the VIII of Englanddecreed punishments for
vagrant and penal slavery to defend the interest of the
landlord, where the nobility gets their privileged
status in society. During his time, there was an
exodus of people flocking to the cities from rural
areas considering that capitalism was on the rise and
that the feudalism was on the retreat.
TRANSPORTATION AS PUNISHMENT WAS
AUTHORIZED (16th Century)
– Transportation of criminals in England was
authorized. At the end of the century, Russia and
other European countries followed this system. It
partially relieved overcrowding of prisons.
Transportation was abandoned later in 1835.
Special Account on Banishment: The banishment of
Russian prisoners to Siberia was known to the world
today as Gulag Archipelago, which was popularized
in a novel by a political prisoner named Alexander
Solshenitsyn. The Exile to Siberia was Russia’s
unique contribution to the world’s criminal justice
system. The Penal Code of Russia punishes offenders
to hard labor of four years to life. The Russian
authorities built stockades and depots once every
fifteen miles from Russia to the places of exile in
Siberia. The distance is about 4,700 to 6,700 miles.
Prisoners were gathered to travel this distance on
foot and which took them about three years to reach.
The prisoners marched heavily chained together.
Casualties were extremely high and very low
percentage reached their place of exile live. Once
they arrived destination, they were subjected to
severe discipline and hard labors. Their heads were
shaved and this put added pain of coldness on the icy
winter. They were also subjected to a strict rule of
silence. This form of punishment was abolished in
1901.
PENITENTIARY ACT OF 1779
– introduced a policy of state prisons for the first
time.
– drafted by the prison reformer John Howard and
the jurist William Blackstone
– recommended imprisonment as an alternative
sentence to death or transportation
The WHITE – SLAVE TRAFFIC ACT, or the Mann
Act of 1910
– is a United States federal law, passed June 25,
1910
– to engage in interstate or foreign commerce
transport of "any woman or girl for the purpose of
prostitution or debauchery, or for any other immoral
purpose".
– Its primary stated intent was to address prostitution,
immorality, and human trafficking
EXEMPTION OF PUNISHMENTS:
M’nagthen Case, 1843
– paved the way for the exemption of criminal
liability in England to those withg
– person suffering from mental illness is exempted
from criminal liability.
Daniel M’Nagthen was charged in court for an
attempt to assassinate the British Prime Minister
Robert Peel in 1843. He fired a pistol at the back of
Peel’s secretary, Edward Drummond, who died five
days later. The M’Nagthen Rules became the
standard test for criminal liability in relation to
insanity or mental disordered which will be the bases
of exemption to criminal liability.
DEVELOPMENT OF CORRECTIONAL
INSTITUTION
The Bridewell Institution - Established in 1556 in
England as a workhouse for vagabonds, idlers, and
rogues.
- Gives work for vagrants and prostitutes while
serving their sentences.
- Turned to be very effective workable and
profitable.
- Lost its usefulness after two centuries because of
the banishment.
Gaols - are poorly constructed, unsanitary, damp,
drafty or airless, gloomy dungeons, foul smelling
places of detention in England in the early eighteenth
century.
- In this place, the inmates are poorly clothed,
without privacy, and the conditions so deplorable
that diseases thrive.
- The modern term “JAIL” originated from this
word.
Galleys are long, low, narrow, single-decked ships
propelled by sails, usually rowed by criminals when
they were meted a sentence of transportation and sent
to other territories and continents. While,
Hulks are old sailing warships ships converted into
floating prisons anchored in English Port and Thames
Rives. This was popularly known as the “floating
hells.”
Panopticon is a building plan made by Jeremy
Bentham, which called for a tank-like structure,
covered by a glass roof. The cells were arranged
around a central apartment from which the custodians
could keep all cells under close supervision. This was
never built, despite of contact with English
authorities for its construction at state expense.
Mill Bank Penitentiary - a huge, gloomy and many
towered prison, it looked like a thick-spoke wheel,
containing three (3) miles of corridors and hundreds
of cells. The cost was at that time (1812-1821) was
nearly two million five hundred (2,000,500,00)
dollars. This was made possible due to the efforts and
revelations of the terrible conditions by crusader
John Howard.
Sing Sing Prison the famous in the entire world and
was the plot of many movies filmed because of the
Sing Sing Bath which was inflicted aside from
floggings, denial of reading materials and solitary
confinement.
- The shower bath was a gadget constructed to
drop a volume of water on the head of a locked
naked offender.
- It became more frequent when flogging was
declared illegal in 1847.
- The force of the icy cold water hitting the head
of the offender caused so much pain and extreme
shock that prisoners immediately sank into coma
due to hypothermia or sudden drop in body
temperature.
Auburn System a convoluted version of St. Michael
System
- Introduced by the Catholic Church at the
Hospital of St. Michael during the reign of Pope
Clement XI.
- A prototype of the reformatories for juvenile
offenders.
- It emphasized rehabilitative concept and
pioneered the segregation of prisoners and forced
silence to make the prisoners contemplate their
wrongdoings as espoused by the Roman Catholic
Church.
- This system employed “congregate
confinement” where individual inmate is
confined in their own cells during the night and
congregate work in shops during the day.
Complete silence was enforced. Before inmates
were locked in a tiny cell without exercise or any
activity. Inmate is whipped if he dared to speak
or make any noise.
The Pennsylvania Penal system – originated in
1682 under the leadership of William Penn. It is the
leading innovator and rival of the Auburn System
which based on the concept of solitary confinement
(solitary system) and rendering labor. Prisoners are
confined in a single cell day and night where they
live, sleep, eat, and receive religious instructions.
Complete silence was also enforced.
They are required to read the bible.
There are three Prison built in Pennsylvania;
Walnut State Prison or Walnut Street Jail (1790)
in Philadelphia is the first prison in the USA. It
established the principles of solitary confinement. It
houses the worst type of prisoners in separate cells.
The long-term prisoner’s wing of this jail was built
with individual cells. Each inmate live, work, and eat
in solitary confinement.
The Nortern Industrial Prison – Located in the
industrial belt of the Northern United States. The
State Penitentiary at McAlester, Oklahoma is an
example of this type.
Three methods used to benefit from prison labor:
- Contract System – prisoners were hired out to
businessmen or corporation on a daily basis for a
set fee per head;
- State Account System – Contractors provide the
raw materials and pay the state on a per piece
price for each item produced or manufactured;
- State-use system – it is a more risky venture but
if properly managed, would bring profits to the
state. Under this set-up, the state operates the
business itself in all its aspects.
The Southern Agricultural Plantations- located in
the agricultural deep south of the United States.
- It possess vast of landholdings and use as prison
labor to produce agricultural products out of the
land.
- It has a minimal facilities and therefore,
inexpensive to operate.
- They employ also “trustees” from minimum
security convicts to beef-up security forces.
The Chain Gangs - Under this scheme, prisoners
work in public works outside of the facilities.
- To secure inmates from escape while outside
performing works, they were chained together.
- Chain Gang was originally imposed on black
prisoners.
- In case of violation, prisoners were subjected to;
Sweat box - prisoners were put in a steel
box under the heat of the sun. Also known
as American Siberia.
Shot drill is a form of punishment inflicted
to prisoners by carrying heavy loads from
one place to another and then returned to the
same place over and over again everyday.
Treadmill is a form of punishment where
the prisoner was continually made to
constantly climb the stairs. Prisoners are
made to climb this treadmill continually
during the day with prisoners logging up to
14,000 feet of stairs per day.
The Custody-oriented Prison – it is a remnant of
the prisons of the past century where prisoners were
punished by confining them only to their cells and
isolating them from the rest of society.
- This was used in super maximum security where
the occupants were hardened criminals.
The Treatment-Oriented Prison – it is almost the
goal of modern penal institutions emerged after the
enactment of Huber Law in the State of Wisconsin
in 1913.
It legalized work release program. After five years, in
the State of Mississippi, a law granting a prisoner, a
furlough program was enacted. Many states in the
Unites States began to implement this program after
enactment of Prisoner Rehabilitation Act of 1965.
New York House of Refuge – it is the first juvenile
reformatory which was opened in January 1825 and
located in New York City, its purpose was to protect
children from degrading association with hardened
criminals in the country and state prison.
- Boston, founded its house of refuge in 1826 and
Philadelphia in 1828.
- New Orleans erected its Municipal Boys’
Reformatory in 1845 and Massachusetts in 1847.
Maconochie’s Mark System – the fundamental
principle of this system is by reduction of sentences
vis-à-vis proper deportment, labor and study. This
was introduced by Captain Alexander Maconochie of
the English Royal Army.
THE IRISH SYSTEM – Using the “Mark System”
and the incorporations of old practices in English
Prisons and Sir Walter Crofton’s program. He was
the first to introduce the “Intermediate Prison” theory
of individualization of treatment equivalent to parole.
Japan Prison Modernization started during the
reign of Tokugawa Shogunate when the country came
under the occupation of Americans. This pro-
American Emperor entered into treaties for the
establishment of Western Style Prison for those
oppositionist to the provision in the treaty that is
disadvantageous to the Japanese.
Elmira Correctional Facility (1876) - known
otherwise as "the Hill", is a maximum security prison
located in New York in the USA. The prison is
located in Chemung County, New York in the City of
Elmira. The ultra-maximum-security prison,
Southport Correctional Facility is located 2 miles
away from Elmira.
Alcatraz Prison – well known as “the rock”, an
island located in the San Francisco Bay, 1.5 miles
(2.4 km) offshore from San Francisco, California.
This small island early-on served as a lighthouse, a
military fortification, a military prison, and a Federal
Bureau of Prisons until 1963. Later, in 1972,
Alcatraz became a national recreation area and
received landmarking designations in 1976 and 1986.
GREAT PERSONALITIES BEHIND HISTORY OF
CORRECTION
ARISTOTLE(400 BC) -Philosopher from the City-
State of Athens that made the first attempt to explain
crime in his book “Nicomedian Ethics.”
- He wrote about corrective justice, stating that
punishment is a means of restoring the balance
between pleasure and pain.
- He forwarded the concept of restitution when he
postulated that corrective justice is a means
whereby the suffering of the victim is
compensated.
WILLIAM PENN(1614-1718) - He fought for
religious freedom and individual rights.
- He is the first leader to prescribe imprisonment
as correctional treatment for major offenders and
responsible for the abolition of death penalty and
torture as a form of punishment.
CHARLES MONTESIQIEU (1689–1755) - 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
crimes.
VOLTAIRE or also known FRANCOIS MARIE
AROUET (1694–1778) - He was the most versatile
of all philosophers during this period. He believes
that fear of shame was a deterrent to crime.
- He fought the legality-sanctioned practice of
torture.
CESARE BONESA, MARCHESE de
BECARRIA(1738–1794).
- Author, “An Essay on Crimes and Punishment,”
the most exciting essay on law during this
century representing the humanistic goal of law.
- He also wrote that education, not punishment, is
the surest, although the most difficult, means of
preventing crime.
CESARE LOMBROSO - Positivist School of
Criminology
- Father of Criminology
- He strongly objected to the classical school’s
view that punishment could be made to “fit the
crime” by fixing sentences that are tied strictly to
the nature of criminal acts.
- He described that crime is a social phenomenon.
o Giuseppe Villella – a notorious brigand.
After he died in prison in 1872, Lombroso
conducted Post-Mortem Examination on
the corpse of the bandit and found a distinct
depression, which is found only to inferior
animals.
JEREMY BENTHAM (1748 –1832). He was one of
the greatest leaders in the reform of English Criminal
Law.
- Believes that whatever punishment designed to
negate whatever pleasure or pain the criminal
derives from crime, the crime rate would go
down.
- He was the one who designed the “Panopticon
Model,” a prison that consists a large circular
building containing multi-cells around the
periphery.
JOHN HOWARD - (1726-1790) - A Sheriff from
Bedfordshire, England (1773)
- He became concerned at the savage and inhuman
conditions obtaining in his country’s prisons.
- He recommended that the facility for children
and women will be separated from other
offenders, provision of sanitation facility and
adequate salary for jailers so that they will not
extract money from the prisoners.
- His recommendations were incorporated into the
Penitentiary Act of 1779 and adopted as standard
procedure in the first modern prison constructed
in the year 1785 in Norfolk, England.
ALEXANDER MACONOCHIE – Superintendent
of the Penal Colony at Norfolk Island in Australia
(1840)
- He introduced “Mark System,” a system in
which prisoner was 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.
MANUEL MONTESIMOS– Director of Prison in
Valencia, Spain (1835)
- He divided the number of prisoners into
companies and appointed certain prisoners as
petty officers in-charge, which allowed good
behavior to prepare the convict for gradual
release.
ENRICO FERRI (Italian) - one of the most
prominent followers of Lombroso.
- Stated that it is noble mission to oppose the
ferocious penalties of the middle ages but it is
still nobler to forestall crime.
- Argued that since the causes of crime could be
identified and isolated, he calculated that it could
be controlled through prevention. He opined that
the best preventive measure is through the
reformation of the society.
HENRY A. HUBER - (1869–1933) - Born in
Evergreen, Pennsylvania in 1869,he graduated from
the University of Wisconsin–Madison in 1892 and set
up a law practice in Stoughton.
- He served as a Republican in the Wisconsin State
Assembly from 1905 until 1906, and in the state
senate from 1913 until 1924.
- Gained national recognition for writing the
Huber Law of 1913, which allowed county
prisoners to be employed during the day; he is
also known for introducing landmark
unemployment legislation. He later served four
terms as Lieutenant Governor of Wisconsin,
from 1925 until 1933, under four different
governors. He died in January 1933.
ROBERT DUGDALE – he conducted a study in
1877 regarding a New York Families whose lineage
produced a lot of criminals.
- He assumed that heredity is the underlying
factor due to condition of the family and
environment is a contributory factor.
REFORMATORY MOVEMENT: The progressive
development of the prison systems came at the
middle of the 19th century. However several
proponents for reform emerged in Europe who
contributed and lead to significant progress, they
were as follows:
Frederic Auguste Demetz (Dometz of France)
(1796–1873) – was a French penal reformer and
jurist. He toured the United States in 1836 to study
progressive American prison architecture and
administration. In result, a prison farm for juvenile
offenders was established. It was conceived by both
men and directed by Demetz, as a prison without
walls. The boys were confined in cottages with an
appointed house fathers so supervise them. If focused
on re-education rather than the imposition of punitive
measures.
Alexander Maconochie – assigned as superintendent
of the English Penal colony located at Norfolk Island
in Australia. He advocated humane treatment of the
convicts as opposed to corporal punishment. His
progressive move was noted when the convicts after
good behavior were given marks and after
accumulating the required number, a ticket to leave
was issued to deserving convicts. This was equivalent
to the present day parole. For his contributions to the
development of Penology, he was considered as the
Father of Modern Penology. During his tenure,
churches, gardens, distribution of books and
recreational facilities were undertaken to have a
positive effect on the reformation of the convicts.
Sir Walter Crofton – In 1856 as Chairman of
Directors of Irish prisons, he introduced the
progressive stage system. It was also referred to as
the Irish System, which is implemented in three
distinct stages aimed to lessen the period of
imprisonment of the convicts. The
 first stage would entail confinement for nine
months with reduced prison diet monotonous
work during the first months while education,
an interesting work and better treatment were
accorded the convicts during the last months of
the first stage.
 The second stage was assignment to works at
Spike Island, and with exceptional work and
exemplary behavior marks or grades were
given and the period of confinement was
lessened. Lastly,
 the third stage is prepared for release while
staying at Lurk Island wherein they are given
and exposed to freedom. After a manifest
reformation the prisoner is then set free. Sir
Crofton made a system wherein the
responsibility of self-improvement was vested
to the prisoners themselves through successive
stages.
Z.R. Brockway – he was the superintendent at the
Elmira Reformatory in New York. He introduced a
system of grades for prisoners. A three grade system
for prisoners aged 16-30 was given. The second
grades are for first time offenders and after six
months of exemplary behavior they would be
promoted to first grade. Prisoners at the first grade
with manifestation of good behavior for a period of
six months would be eligible for parole. In cases of
undisciplined prisoners they were demoted to the
third grade wherein one month of good conduct is
necessary for reclassification to the higher grade.
Manuel Montesinons – Prison director at Valencia
Spain who is 1835 organized the prisoners into
companies and appointed a petty officer in charge.
An hour of academic classes was also imposed on
prisoners less than 20 years of age.
Sir Evelyn Ruggles Brise (1857 – 1935) – a prison
commissioner who introduces the system (Borstal
Institution) and the first such institution was
established at Borstal Prison in a village called
Borstal, near Rochester, Kent, England in 1902. The
system was developed on a national basis and
formalized in the Prevention of Crime Act 1908. It is
designed to “educate rather than punitive.”
Golden Age of Penology: The period covering
1870to 1880 was regarded as Golden age of
penology. The highlights were as follows:
1. The organization of the National Prison
Association last 1870, now referred to as
American Correctional Association.
2. The International Prison Congress was held in
1872. It Served as a forum attended by
representatives from different countries wherein
improvement to prison systems were tackled in
the assembly every 5 years.
3. In 1876 Elmira Reformatory was established
which “was considered the forerunner in modern
penology.
4. In Indiana, Massachusetts USA the first separate
was established.
HISTORICAL BACKGROUND IN THE
PHILIPPINE SETTING
MARAGTAS CODE (1250) A LAW WRITTEN
BY Datu Sumakwel of Panay focuses on the penalty
for those who are lazy
KALANTIAW CODE (1433) – the governing law
in the island of Panay, particularly in the Province of
Aklan. It is based on beliefs, customs and practice of
those days. This Code reflects the level of
uprightness and morality of the people. It is
comparable to the Greek, Roman, English and
Spanish Laws.
SIPAT, is a primitive law in Cordilleras in Northern
Luzon.
BODONG is the court use to settle tribal’s disputes
and even individual people’s conflict. It is a
restorative justice and even existed up to this date. In
fact, Father Conrado Balweg demanded the
Philippine Government to recognize their court
system.
Commandancias – refers to a “police stations or
precincts” during the Spanish period were prisons is
confined in jails enforced by the “Guardia Civil”
(police).
The Philippine Correctional System
Two (2) approaches, namely:
1. Institutional and
2. Non-Institutional (Community-Based)
Correction.
The Institution-based approach has three (3)
levels;
a. National,
b. Provincial and Sub-Provincial, and
c. District, City and Municipal level.
3 Executive Departments involves in Correctional
Administration nationawide:
a. DOJ – supervise and control the BuCor.
b. DILG – supervise and control the BJMP.
c. DSWD – manage the youth detention homes/
Children In Conflict with Law (CICL)
rehabilitation centers
BUREAU OF CORRECTIONS:
The formal prison system in the Philippines started in
1847 during the Spanish regime
Pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal
Decree in 1865
The Old Bilibid Prison was constructed as the main
penitentiary on Oroquieta Street, Manila and
designed to house the prison population of the
country.
This prison became known as the “Carcel y Presidio
Correccional” and could accommodate 1,127
prisoners.
The Carcel was designed to house 600 prisoners who
were segregated according to class, sex and crime
The Presidio could accommodate 527 prisoners.
Plans for the construction of the prison were first
published on September 12, 1859 but it was not until
April 10, 1866 that the entire facility was completed.
Act No. 1407 (Reorganization Act of 1905) –
created the Bureau of Prisons under the Department
of Commerce and Police.
It paved the way for the re-establishment of San
Ramon Prison in 1907 which was destroyed during
the Spanish-American War.
R.A. 10575, otherwise known as “THE BUREAU
OF CORRECTIONS ACT OF 2013
Declaration of Policy (Sec 2, RA 10575):
It is the policy of the State to promote the general
welfare and safeguard the basic rights of every
prisoner incarcerated in our national penitentiary by
promoting and ensuring their reformation and social
reintegration, creating an environment conducive to
rehabilitation and compliant with the United Nations
Standard Minimum Rules for Treatment of Prisoners
(UNSMRTP). It also recognizes the responsibility of
the State to strengthen government capability aimed
towards the institutionalization of highly efficient and
competent correctional services
Towards this end, the State shall provide for the
modernization, professionalization and restructuring
of the Bureau of Corrections by upgrading its
facilities, increasing the number of its personnel,
upgrading the level of qualifications of their
personnel and standardizing their base pay,
retirement and other benefits, making it at par with
that of the Bureau of Jail Management and Penology
(BJMP), and maximization of land use development
for the agency’s sustainability
The concept of imprisonment is stated in Rule 57
of UNSMRTP:
“Imprisonment and other measures which result in
cutting off an offender from the outside world are
afflictive by the very fact of taking from the person
the right of self-determination by depriving him of
his liberty. Therefore the prison system shall not,
except as incidental to justifiable segregation or the
maintenance of discipline, aggravate the suffering
inherent in such a situation.”
The concept of reintegration to society is stated in
Rule 58 of UNSMRTP:
“The purpose and justification of a sentence of
imprisonment or a similar measure deprivative of
liberty is ultimately to protect society against crime.
This end can only be achieved if the period of
imprisonment is used to ensure, so far as possible,
that upon his return to society the offender is not only
willing but able to lead a law-abiding and self-
supporting life.”
And the concept of reformation is stated in Rule
59 of UNSMRTP:
“To this end, the institution should utilize all the
remedial, educational, moral, spiritual and other
forces and forms of assistance which are appropriate
and available, and should seek to apply them
according to the individual treatment needs of the
prisoners.”
On a national scope, the Bureau of Corrections
(BuCor) shall be able to completely deliver the actual
realization of deterrence (special deterrence and
general deterrence), restraint, reformation,
retribution, and restoration as major interventions for
the treatment of law offenders towards a safe, secure,
harmonious and progressive Philippine society.
The Bureau of Correction has seven (7) operating
units located nationwide, namely:
1. The New Bilibid Prison in Muntinlupa City;
2. The Correctional Institution for Women (CIW)
in Mandaluyong City;
3. Iwahig Prison and Penal Farm in Puerto Princesa
City, Palawan;
4. Sablayan Prison and Penal Farm, in Occidental
Mindoro;
5. San Ramon Prison and Penal Farm in
Zamboanga City
6. Leyte Regional Prison in Abuyog, Leyte; and
7. Davao Prison and Penal Farm in Panabo, Davao
Province.
The New Bilibid Prison:
- The national prison was formerly housed at
Bilibid Prison in Azcarraga (C.M. Recto) before
it was transferred to Muntinlupa, Rizal, due to
increasing number of convicts which required a
larger facility away from Manila.
- The 552 hectare lot was given by the Manila City
government in exchange for their acquisition of
the Bilibid Prison. It was originally intended to
become a facility for a training school for boys.
- The New Bilibid Prison was first constructed in
1936 and the transfer of prisoners was conducted
before the outbreak of World War II in 1941.
(The Bilibid Prison is the first penal institution in
the country, whose scope is a national penitentiary
in nature constructed sometime in 1847 in the City
of Manila. Today the old bilibid prison is known as
the Manila City Jail).
The New Bilibid Prison is mainly a maximum
security facility which became the center for
incarceration of convicts from, all over the
Philippines, it is where the convicts including death
row, the electric chair and the lethal injection
chamber is placed including the central offices of the
Bureau of Corrections. New Bilibid Prison has three
satellite units namely;
1. CampBukang Liwayway - the Minimum
Security Camp;
2. Sampaguita Camp - the Medium Security
Camp and Youth Rehabilitation Center for
juvenile offenders; (The agricultural site is
located at the medium security unit where
crops are cultivated as well as a site for raising
hogs and poultry under the supervision of
armed guards.)
3. Reception and Diagnostic Center (RDC)
San Ramon Prison and Penal Farm
- It was named in memory of Ramon Blanco, a
Spanish captain in the Royal Army.
- Established on August 21, 1869 in Zamboanga
City, intended for the confinement of convicted
Moro “insurrectos” fighting subjugation by
Spanish “conquistadors.”
- The facility, which faced the Jolo Sea, had
Spanish-inspired dormitories and was originally
set on 1,524.6 hectare sprawling estate.
- It has its own RDC and maximum, medium and
minimum security facilities.
- The main crop raised is copra and several crops
namely corn, coffee and rice were cultivated. At
the height of the coconut industry when coconut
products were deemed as priced commodities,
the institution was able to gather a sizeable
amount of money which comprises the majority
income earned by the Bureau of Prisons.
- It was closed during the Spanish-American War
of 1898.
- Act No. 1407 (Reorganization Act of 1905) –
created the Bureau of Prisons under the
Department of Commerce and Police which
paved the way for the re-establishment of San
Ramon Prison in 1907.
- On January 1, 1915, the San Ramon Prison was
placed under the auspices of the Bureau of
Prisons and started receiving prisoners from
Mindanao.
Iwahig Prison and Penal Farm: Originally
established to house incorrigibles or those prisoners
beyond reform
- The institution has no walls and considered as
one of the best open institutions in the world.
- It sits on a 36,000 hectare lot and divided into
four colonies namely: Sta Lucia, Inawagan,
Montible, and Central sub-colony.
- A Tagumpay re-settlement is a 1,000 hectare
site dedicated for deserving convicts who desires
to live there and given 6 hectare homestead lots.
One vital feature of the colony is the privilege given
to the inmates to live with their families. Schools,
churches and normal institutions of a free society
were constructed. The principal products of the
Iwahig Penal colony are rice. copra, corn, cattle logs
and minor forest products.
Correctional Institution for Women: The only
penal institution for women in the country.
- Established in 1931 on an 18 hectare lot located
in Mandaluyong, Rizal by virtue of Act 3579
- Vocational courses in dressmaking, handicrafts,
beauty culture, slipper making, embroidery and
making are offered to interested inmates.
Davao Prison and Penal Farm: Founded by
General Paulino Santos on January 21, 1932 in
compliance with Act 3732 and Proclamation 414
series of 1931.
- The colony maintains a medium and minimum
security facility and its separate RDC.
- The colony is divided into two sub-colonies
namely the Panabo and Kapalong sub-colony.
- The Davao Penal Colony houses the largest
Abaca plantation in the Philippines, and it is the
largest Income earner for the Bureau of
Corrections.
- A banana plantation sits in a 3,000 hectare lot is
maintained under a Joint venture with Tagum
Development Company.
- It also operates the Tanglaw Settlement which is
given to release prisoners. .
Sablayan Prison and Penal Farm: Established on
September 26, 1954 by virtue of
PresidentialProclamation no. 72.
- Situated in a 16,000 hectare lot located in
Sablayan, Occidental Mindoro
- It is an open type institution which has rice for its
principal product and grows vegetable crops for
their consumption and that of the convict of the
other institutions.
- The penal colony is self-reliant in terms of
agricultural product needs and considered as the
fastest growing and youngest institution in the
Philippine correctional administration system.
Leyte Regional Prison:– this was built by the
Bureau of Prisons in Abuyog, Leyte on January 16,
1973 on the orders issued under the Martial Law
(Proclamation No. 1101 and Presidential Decree No.
28) by President Ferdinand E Marcos.
Fort Bonifacio Prison– Formerly known as Fort
William McKinley a military reservation located in
Makati, established after the Americans came to the
Philippines.
- The prison was originally used as a detention
center for offenders of US military laws and
ordinances.
- The Fort was renamed Fort Andres Bonifacio
during the administration of President Diosdado
Macapagal.
- The correctional facility was also renamed as
Fort Bonifacio Prison.
The Mandates of the Bureau of Corrections
The BuCor shall be in charge of safekeeping and
instituting reformation programs to national inmates
sentenced to more than three (3) years through
progressive, effective, and efficient administration.
Safekeeping of National Inmates.
In compliance with established United Nations
Standard Minimum Rules for the Treatment of
Prisoners (UNSMRTP), the safekeeping of inmates
shall include:
1. Decent and adequate provision of basic
necessities such as shelters/quarters, food, water,
clothing, medicine;
2. Proper observance of prescribed privileges such
as regulated communication and visitation; and
3. Efficient processing of necessary documentary
requirements and records for their timely release.
The processing of these documentary
requirements shall be undertaken by the
Directorate for Inmate Documents and Records
(DIDR).
The core objective of these safekeeping provisions is
to “accord the dignity of man” to inmates while
serving sentence in accordance with the basis for
humane understanding of Presidential Proclamation
551, series 1995, and with UNSMRTP Rule 60.
Security of National Inmates
The complementary component of safekeeping in
custodial function is security which ensures that
inmates are completely incapacitated from further
committing criminal acts, and have been totally cut
off from their criminal networks (or contacts in the
free society) while serving sentence inside the
premises of the national penitentiary.
Security also includes protection against illegal
organized armed groups which have the capacity of
launching an attack on any prison camp of the
national penitentiary to rescue their convicted
comrade or to forcibly amass firearms issued to
corrections officers. The security of the inmates shall
be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary
grades similar to its counterpart in the BJMP.
The circumferential security activities to be
undertaken are:
1. Proper custody;
2. Implementation of prison laws and
regulations, to include prevention of prison
violence and crimes; and
3. Efficient Recovery of fugitives.
The core security objectives of such activities are
a) to completely incapacitate inmates from
further committing criminal acts, and
b) have them totally cut-off from their criminal
networks (or contacts in the free society)
while serving sentence at BuCor, to
ultimately protect the society against crime
as provided for in Rule 58 of UNSMRTP.
The conduct of these activities shall be undertaken by
the Directorate for Security and Safekeeping (DSS),
supported by Directorate for Intelligence and
Investigation (DII), and Directorate for Plans and
Program (DPP).
Reformation of National Inmates.
The circumferential reformation programs which will
be institutionalized by BuCor for the inmates shall be
comprised of the following:
1. Moral and Spiritual Program.
This refers to the moral and spiritual
valuesformation of inmates which shall be
institutionalized by the Directorate for Moral and
Spiritual Welfare (DMSW), which include the
practice of one’s religion and beliefs.
Participating Religious Volunteer Organizations
(RVO) and individuals shall be regulated and
managed by DMSW.
2. Education and Training Program. This refers
to the administration of formal and non-formal
education, and skills development of inmates
which shall be institutionalized by the
Directorate for Education and Training (DET).
Participating volunteer teachers, professors,
instructors, and trainers shall be regulated and
managed by DET.
3. Work and Livelihood Program. This refers to
the administration of skills development
programs on work and livelihood to achieve self-
sufficiency of inmates in the prison community
and for income generation of the agency. This
shall be institutionalized by the Directorate for
Work and Livelihood (DWL). Volunteer
participating agencies, Non-Government
Organizations and individuals shall be regulated
and managed by DWL.
4. Sports and Recreation Program. This refers to
the administration of physical and recreational
engagement to achieve mental alertness and
physical agility in the spirit of sportsmanship.
This shall be institutionalized by the Directorate
for Sports and Recreation (DSR). Volunteer
participating agencies, Non-Government
Organizations and individuals shall be regulated
and managed by DSR.
5. Health and Welfare Program. This refers to the
administration of proper nutrition, hygiene,
sanitation, cleanliness and promotion of good
health to inmates. This also includes appropriate
provision of medical care or hospitalization of
the sick, mentally impaired, old aged, and
disabled inmates. This shall be institutionalized
by the Directorate for Health and Welfare
Services (DHWS). Volunteer participating
agencies, Non-Government Organizations and
individuals shall be regulated and managed by
DHWS.
6. Behavior Modification Program. This refers to
the administration of programs for the character
formation of an inmate necessary for effective
 interpersonal relationship in the prison
community. This program also includes
Therapeutic Community. This shall be
institutionalized by the Directorate for Behavior
Modification (DBM). Volunteer participating
agencies, Non-Government Organizations and
individuals shall be regulated and managed by
DBM.
The core objective in the administration of these
circumferential reformation programs is the effective
treatment of anti-social behavior and destructive
personality disorders of an inmate.
OPERATIONS AND STRUCTURE OF BUCOR
Directorate for Reception and Diagnostics(DRD)
– It shall undertake reception of inmates
Security and Operations Directorates
– provide their basic needs and security
Reformation Directorates
– administer their reformation programs
Directorate for External Relations (DER)
– prepare inmates for reintegration to mainstream
society
Basic Procedures for Reception and Diagnostics
for new inmates.
Reception Procedure
1.) Admission of Prisoners. The BuCor, through its
penal establishments, shall receive prisoners
from competent authority upon presentation of
the following documents:
a. Mittimus/Commitment Order of the
Court,
b. Information and Court Decision in the
case,
c. Certification of Detention,
d. Certification of No Pending Case,
e. Certification of Non-Appeal, and
f. Provincial Form 35 / Inmate data sheet
2.) A female offender shall be received only at the
Correctional Institution for Women.
3.) All prisons and penal farms are also authorized
to receive directly from courts convicted
prisoners in consonance with the Supreme Court
Circular No. 63-97 dated October 6, 1997.
Diagnostics.
The DRD shall likewise be responsible for the
conduct of classification of each and every inmate
admitted to the BuCor. Inmates shall be classified
according to security risk and sentence. Included in
the classification are determining an inmate’s certain:
1.) Interests, skills or talents;
2.) Physical, mental, spiritual, psychological
evaluation; and
3.) Social (socio-demographic), and other
behavioral-trait assessments.
The core diagnostics objective is to determine an
inmate’s “Reformability.” These classification
activities shall serve as reference of the DRD in the
preparation of individual inmate reformation
treatment programs and inmate-group reformation
treatment programs.
Diversification is necessary in all penal system to
implement segregation. In most cases, diversification
of prisoners is undertaken either in small or large
plants mainly for the purpose of obtaining proper
segregation.
Effective diversification of institution within a
correctional system is based upon the following
classifications:
a. Diversification by Age. Boys and girls regarded
or classified as minors is separated and confined
in a different facility from the older group. This
would prevent the young ones from being
influenced by incorrigible and hardened
criminals.
b. Diversification by" Sex. This is of universal
implementation that members of the like are
grouped together and those of the opposites are
naturally prohibited from contact with each
other.
c. Diversification by degree of Custody. That
prisoners are segregated based on the duration or
length of their sentence imposed by the judge in
the final judgment.
o Super Security Facility – Designated place
of confinement for hardened criminals and
escapees. The operating cost for such
structures is not practical and the conditions
thereat are deemed inhuman.
o Maximum Security Facility- thick wall
enclosures of 18 to 25 feet high are
constructed with catwalks, patrol towers and
patrol guards for day and night. Occupants
thereat are subjected to work in industrial
facilities within the prison compound.
o Medium Security Institution - fences are
utilized instead of walls the structure is
created for prisoners housed in dormitories.
The specifications for construction of two
fences with the interior fence approximately
12 to 14ft high and the outer fence 8 to 12 ft
high and they are to be erected at least 18 ft
apart. The perimeter fence requires lesser
personnel to conduct patrol activities.
 o Minimum Security- in this type of .facility
the main objective is to keep civilians away
and not created for purposes of preventing
escapes of the convicts. The prisoners placed
thereat are those who are awaiting final
release and there is little or no supervision of
authorities is necessary. These prisoners are
free to move about subject to compliance to
curfew hours.
Segregation – An ideal prison system should be
diversified by institution. It is necessary that first
time offenders be separated from the incorrigible
ones and those undergoing disciplinary punishments.
The movement of the prisoners as well as the workers
should be carefully planned to avoid escapes,
confusion, loss of time and inefficiency in custodial
supervision.
Purpose of Segregation:
1. To prevent physical contamination.
2. To avoid moral contamination.
3. To minimize or neutralize custodial risk.
BuCor’s Segregation Scheme
Classification based on security
maximum, medium and minimum
Classification and Segregation according to crimes
(committed (based on the related penal codes)
- Crimes Against Persons,
- Crimes Against Properties,
- Crimes Against Chastity,
- related Special Laws,
- Customs Laws and Immigration Laws.
This is to ensure that an inmate will not be
susceptible to acquire other criminal skills brought
about by his exposure with other inmates who are
committed to BuCor for different crimes or offenses,
which normally happens in the present prison setup.
Dormitory – refers to the facility exclusively used as
confinement area of all inmates within the prison
camp with specific consideration on spatial
designation.
Classification of Dormitory
Type A – above 500 inmate/area of more than 1.5
hectares
Type B – 101 to 500 inmate/area of 1.5 hectares
Type C – 1 to 100 inmate/area of 3,000 sq. m.
The recommended lot area per inmate is 30 sq. m.
ORGANIZATION AND KEY POSITIONS OF
BUCOR
Head of the BuCor – Director
Assisted by three Deputy Directors:
one (1) for administration,
one (1) for security and operations and
one (1) for reformation
Appointing Authority - President upon the
recommendation of the Secretary of the DOJ
Tour of Duty – not exceeding 6 years from date of
appointment. Except in times of war or other national
emergency declared by congress, President may
extend such tour of duty.
Officers in Command
Order of position – rank – title - insignia
The Head of the BuCor – Undersecretary – Dir. Gen.
of Corrections - 3 star
2nd officers in command - Ass Sec - Dep Dir Generals
of Corrections - 2 star
3rd officer in command - Chief Sup - Corrections
Chief Sup..
4th officer in command - Sen Sup – Corrections - Sen
Sup.
5th officer in command – Sup - Sup
PERSONNEL BUILD-UP OF BUCOR
Custodial personnel-to inmate ratio - 1:7 for 3 shifts
Reformation personnel-to-inmate ratio - 1:24 1 shift
Reformation ratio is broken down into the
following:
Moral and Spiritual personnel-to-inmate - 1:240;
Education and Training personnel-to-inmate - 1:120;
Work and Livelihood personnel-to-inmate - 1:180;
Sports and Recreation personnel-to-inmate - 1:225;
Health and Welfare personnel-to-inmate - 1:80;
Behavior Modification personnel-to-inmate - 1:150.
Authorized to increase its manpower to meet such
ratio and may continue to increase personnel per
percentage rate increase of committed inmates
annually or as the need arises
Administrative personnel - 1:14.58,
Engineering personnel - 1:58.33,
Directorate for Reception and Diagnostics and
Directorate for External Relations combined
personnel - 1:120 (at 50% share each),
Directorate for Inmate Documents and Records
personnel -1:116.7
Minimum Qualifications of BuCor Personnel:
 No person shall be appointed as personnel of the
BuCor unless one possesses the following minimum
qualifications:
1) A citizen of the Republic of the Philippines;
2) A person of good moral character;
3) Must have passed the psychiatric/psychological,
drug and physical test for the purpose of
determining his/her physical and mental health;
4) Must possess a baccalaureate degree from a
recognized learning institution;
5) Must possess the appropriate civil service
eligibility;
6) Must not have been dishonorably discharged or
dismissed for cause from previous employment;
7) Must not have been convicted by final judgment
of an offense or crime involving moral turpitude;
and
8) Must be at least 1.62 m. in height for male, and
1.57m. for female:
Provided, That a waiver for height and age
requirement/s may be granted to applicants
belonging to the cultural communities:
That a new applicant must not be less than
twenty-one (21) or not more than forty (40) years
of age.
That those who are already in the service upon
the effectivity of RA 10575 shall be given 5
years from the date of such effectivity to obtain
the minimum educational qualification and
eligibility with subsidiary assistance.
APPOINTMENT OF UNIFORMED
PERSONNEL TO BUCOR
Corrections Officer I to Corrections Chief
Superintendent – Appointed by the Director
General of Corrections, and attested by the Civil
Service Commission.
Director General of Corrections and Deputy
Director General of Corrections – Appointed by
the President upon the recommendation of the
Secretary of the DOJ, with the proper endorsement
by the Chairman of the CSC.
Lateral Entry of Officer into the BuCor
Corrections Inspector and Corrections Technical
Inspector
civil engineers mechanical engineers
electrical engineers chemical engineers
chemist architects
criminologists certified public
accountants
nurses physical therapists
dentists social workers
psychologists sociologists
guidance counselors teachers
Corrections Senior Inspector and Corrections
Technical Senior Inspector
Doctor of Medicine
members of the Philippine Bar
chaplains
Key Positions.
Sub-Colony Supervisor
Corrections Senior Inspector (CSI)
at least second year Bachelor of Laws or at
least twelve (12) units in a master’s degree
Colony Assistant Superintendent
Corrections Chief Inspector (CCI)
at least second year Bachelor of Laws or at
least twenty-four (24) units in a master’s
degree
Colony Superintendent
Corrections Superintendent (CS)
a graduate of Bachelor of Laws or a holder
of a master’s degree
Colony Corrections Senior Superintendent
(CSS) - For prison and penal farms with an
inmate population of 2,000 but below 3,000.
Regional Superintendent
Corrections Senior Superintendent (CSS) or
Corrections Chief Superintendent (CCS)
a graduate of Bachelor of Laws or a holder
of a master’s degree
Colony Corrections Senior Superintendent
(CSS) – for prison and penal farms with an
inmate population of 3,000 but below 5,000
Corrections Chief Superintendent (CCS) –
for prison and penal farms with an inmate
population of over 5,000
Compulsory Retirement Age
Newly hired or upon effectivity of RA 10575 - 56
years
Those in the service upon effectivity of RA 10575 –
may continue to render services up to 65 years old
THE CLASSIFICATION PROCESS
Classification is a method by which diagnosis,
treatment planning and execution of the treatment
programs are coordinated in the individual case
study.
It is a process of determining the needs and
requirement of prisoners for assigning them to
programs according to their needs and existing
resources.
The Classification Process is adopted to determine
the work assignment, type of supervision and
custody which will be applied to the prisoners.
Classification procedures are:
1. Diagnosis – the prisoner’s case history is taken
and his personality is being studied through
examination and observations;
2. Treatment Planning – it is the formulation of
tentative treatment program suited for the
prisoners;
3. Execution of the Treatment Program – is the
application of the treatment programs and
policies by the classification committee;
4. Re-classification – it is where the treatment
program is kept current with the inmates
changing needs.
Admission Procedures: The following procedure of
admission is undertaken by the staff for every
prisoner entrusted to their custody:
1. Checking of the commitment paper.
commitment paper - is in due form if it bears the
signature of the judge, the seal of the court or
committing authority and the attestation by the
clerk of the court thereof. Aside from this, the
information and court decision in the case, the
certification of detention and certification that
the case of the inmate is not on appeal if any
must be presented to the RDC staff.
2. Establishing the identity of the prisoner. This
is done by comparing and examining the
fingerprint and photograph of the inmate
contained in the commitment order. This is to
make sure that the person being committed is the
one whose name appears in the commitment
order.
3. Searching the prisoner. A complete frisking is
undertaken to look for contrabands.
- All personal items must be inspected thoroughly
and items not allowed at the prison such as cash,
jewelry, watches and weapons are deposited with
a receipt to be issued by the staff and given to the
prisoner.
- Narcotics and all other prohibited drugs, all types
of weapons, chemicals or substances that may
cause injury to persons, and articles or items
which an inmate is not allowed to possess under
prison rules shall be considered as contrabands.
- All articles taken from the inmate shall be
considered to him upon his discharge unless
previously disposed of the request of the inmate
or ordered condemned by the Superintendent
after a lapse of two (2) years.
4. Issuance of clothes and Equipment. The newly
admitted inmate shall be provided with two (2)
regulation uniforms and two (2) t-shirts in
accordance with the degree of sentence.
Whenever practicable the following shall also be
issued:
a. One blanket, mat, pillow with pillow
case, mosquito net, a pair of slippers
and a set of mess kit.
b. After the issuance of uniforms and other
items the prisoner is lead to the
quarantine unit. The convict would
spend at least 5 days thereat to insure
that the prisoner is not afflicted or
suffering from any contagious disease.
Color of uniform as to security classification:
a. Maximum security - tangerine
b. Medium security - blue
c. Minimum security - brown
d. Detainee - gray
5. Orientation Procedure – A booklet containing
the rules and regulations implemented at the
prison is given with all the pertinent matters
discussed by the prison staff. This is the initial
contact of the prisoner with the center and is
deemed meaningful towards the aim to reform
him.
6. Testing Programs – the psychological and
psychiatric group testing is conducted to the
personality of the in mate and predicts the
manner in which he will interact with other
prisoners.
Staff Conference: It is undertaken after all the tests,
interviews and examination has been conducted. It is
in said forum that the inmate's program for treatment
and training is planned. This is of a tentative status
and would depend in the exemplary behavior and
religious observance of the convict with the program
ascertained.
Admission Summary – It is a written compilation
made by the staff regarding their findings on the
prisoner.
- It is used by the classification committee as a
guide in carrying out the rehabilitation program
of the prisoner in the operating institution.
This is the nucleus of the cumulative case history of
the inmate its contents are as follows:
1. Complete account of the legal aspects of the
case. .
2. A summary of the prisoner's criminal history.
3. The biography or social history of the prisoner.
4. Physical Condition.
5. Educational status.
6. Vocational interests, experience and
competence
7. Recreational interest.
8. Psychological characteristics.
 9. Behavior at the RDC and reaction to group
psychotherapy.
10. Religious background and interest.
Transfer Out of The Center: After completion of
the Admission Summary, the prisoner is transferred
out of the center to the operating institution. The
tentative program arrived or determined is approved
by the Director of Prisons. The said summary is
forwarded to the Classification and Treatment
Division of the prison for implementation. While
waiting for his permanent residence assignment, the
prisoner stays at the orientation unit. Therein he is
guided to choose his vocation program.
Classification Committee: It carries out the
treatment program of the convict which is composed
of the following persons:
a. Superintendent (warden) - compound where being placed and separated
Chairman
b. Chief of the RDC - Vice
Chairman
c. Medical Officer - Member
d. Chief, Education section - Member
e. Chief, Agro-Industries section - Member
f. Chief Overseer - 1. Those whose minimum sentence is less than
Secretary
Admission Classification Meeting: This is initial
classification meeting which takes place after the
transfer of the prisoner from the RDC to the
operating institution. This interview and consultation
is held to determine the realistic plan or program of
treatment best suited for the convict to help him in his
rehabilitation at the prison. The principal decisions
should be arrived at are as follows:
a. Custody classification
b. Housing
c. Transfer
d. Medical and Psychiatric treatment
e. Occupational and Vocational training assignment
f. General education program
g. Casework and social services
h. Religious and recreational recommendations
CLASSIFICATION OF INMATES AS TO
SECURITY RISK:
The Death Row – One special facility for inmates
waiting for the execution of death penalty.
Maximum security group – this shall include high
security risk or highly dangerous inmates as
determined by the classification board who requires
an extreme degree of supervision and control. They
are as follows:
1. Those sentenced to death;
2. Those whose minimum sentence is twenty
years of imprisonment;
3. Detainees or remand inmates whose sentence
is (20) years and above and those sentences are
under review by the Court of Appeals or the
Supreme Court;
4. Those with pending cases;
5. Escapees, recidivists delinquents;
6. Those under safekeeping or disciplinary
punishment;
7. Those confined at the RDC; and
8. Those who are diagnosed as criminally insane
or with severe emotional or personality
disorders that makes them hazardous to fellow
inmates or the prison staff.
9. Building 14 (Considered the Super Maximum
Compound of the Bureau of Correction) where
incorrigible prisoners from the maximum
for intense disciplinary approaches.
Medium Security- This shall include those who
cannot be trusted in less secured areas whose conduct
or behavior requires minimum supervision. Under
this category are:
twenty years of imprisonment;
2. Detainees or remand inmates whose sentence are
below twenty years;
3. Those who are eighteen years of age and below
regardless of sentence and case;
4. Those who have two or more records of escapes;
and
5. First time offenders sentenced to reclusion
perpetua.
Minimum security - This shall include who may be
reasonably trusted to serve their sentence under less
restricted conditions. Under this category are:
a. Those with a severe physical handicap as
certified by the chief medical officer of the
prison;
b. Those who are sixty-five (65) years old and
above without pending case and whose
convictions are not on appeal;
c. Those who. have served ½ of their minimum
sentence or 1/3 of their maximum sentence,
excluding good conduct time allowance; and
d. Those who have only six (6) months more to
serve before the expiration of their maximum
sentence.
Philippines-Japan Halfway House. The Half-way
House was the brainchild of the late Dr. Cicero
Campos, the first President o the Philippine Public
Safety College (PPSC). The ten proposed project was
first brought to the attention of the United Nations
Asia and Far East Institute (UNAFEI) Filipino
Alumni by Assistant Chief State Prosecutor Severino
Gana Jr. of the Department of Justice (DOJ) and
member of Asia Crime Prevention Philippines, Inc.
(ACPPI). In turn, Mr. Shikita made a request to the
Nagoya West Lions Club (NWLC), an ardent
supporter of ACPF in all of its activities to help
shoulder the cost of the incipient project. True to their
word, the said organization donated 8 million pesos
for the construction of the edifice. Several programs
and services such as casework and counseling
services, productivity training, homelife services,
medical and health services, and placement services
are continuously being provided to prepare inmates to
become useful and productive citizens in the
mainstream of society upon their release.
Pre release Treatment: It is a program specifically
designed to prepare the offender during a limited
period prior to his release on parole. It deals with
transition from confined and regulated life to normal
Independent life. Several pre release programs are as
follows:
a. Leave for work which allows the offender to be
employed in the community at day provided he
return to the institution at night.
b. Special Information sessions which covers parole
conditions and employment opportunities.
c. Granting greater freedom inside the institution,
wherein the prisoner is allowed to wear civilian
clothes, lodging in separate quarters, giving him
more leisure opportunity and generally giving
him less supervision inside the prison.
d. Group and individual counseling to lessen his
worries and anxiety regarding his return to the
free world.
e. Pre-released leaves for a few hours a day to
enable the prisoner to arrange outside residence
and procure pertinent papers.
MODELS OF CRIMINAL TREATMENT
 Control Model – A criminal treatment model of
prison management emphasizes prisoner’s
obedience, work end education (Sahara 1988);
 Responsibility Model – It stresses prisoners’
responsibility for their own action, not
administrative control to assure prescribed
behavior. Proper classification of inmates,
according to this model, permits placing
prisoners in the least restrictive prison consistent
with security, safety, and humane confinement.
Prisoners should be given a significant degree of
freedom and the held to account for their actions
(Sahara 1988);
 Custodial Model – it is based on the assumption
that prisoners have been incarcerated for the
protection society and for the purpose in
incapacitation, deterrence and retribution. It
emphasizes maintenance and security and order
through the subordination of the prisoner to the
authority of the warden. Discipline is strictly
applied and most aspect of behavior is regulated;
 Rehabilitation Model – security and
housekeeping activities are viewed primarily as a
framework for rehabilitation efforts. Professional
treatment specialist enjoys a higher status than
other employees, in accordance with the idea that
all aspect of prison management should be
directed towards rehabilitation with the
rethinking of the goal of rehabilitation;
 Reintegration Model is linked to the structures
and goals of community corrections but has
direct impact on prison operations. Although an
offender is confined in prison, that experience is
pointed toward reintegration into society. This
kind of treatment gradually gives inmates greater
freedom and responsibility during their
confinement and move them into a halfway
house, work release programs, or community
correctional center before releasing them to
supervision. Consistent with the perspective of
community corrections, this model is based on
the assumption that it is important for the
offender to maintain or develop ties with free
society the entire focuses this approach is on the
resumption of a normal life (Clear and Cole,
1986); &
 Total Institution – “the prison, like other total
institution, is a place of residence and work
where a large number of like-situated
individuals, cut off from wider society for an
appreciable period of time, together lead an
enclosed, formally administered round life”. A
total institution is one that completely
encapsulates the lives of the people who work
and live there. A prison must be such an
institution in the sense that whatever prisoners do
or not do begins and ends there; every minute
behind bars must be lived in accordance with the
rules as enforce by the staff.
APPROACHES IN DEALING WITH
CRIMINALS
 Null Strategy says that nothing should be done,
that prisoners should be allowed to become
increasingly congested and staff should remain to
 maintain them with the assumption that the
problem is temporary and will disappear in time.
 Selective Incapacitation Strategy urge that
expensive and limited prison space with the
necessary number of staff to maintain them
should be used more-effectively by targeting the
individuals whose incarceration will do the most
to reduce crime. It shows that the incarceration
of some career criminals has a pay off in the
prevention of multiple serious offenses.
 Population-reduction Strategy incorporates
from door and back door strategies. Front door
strategies divert offenders to non-incarcerative
sanctions, among them, community service,
restitution, fines, and probation. While the back-
door strategies such as detention, parole, work
release and good behavior are devised to get the
offenders out of the prison before end of their
terms in order to free space for new comers.
 Construction Strategy of building new facilities
to meet the demand for prison space for an
advantageous prison management. The approach
comes to mind when legislators and correctional
officials confront the problem on prison
crowding, sanitation and prison violence to
expand the size, number of facilities and
personnel.
 Population-Sensitive Flow Control Strategy
urges the sentencing be linked to the availability
of prison space and management staff, the
policies be developed allowing the release of the
prisoners when prison facilities become crowded
and staff are greatly outnumbered to manage
prisoners, and that each court be allotted a
certain amount of prison space and staff
members so that the judges and prosecutors
make certain decisions accordingly. This strategy
depends on the political will to release prisoners
even in the face of public protest (Clear and
Cole, 1986).
THE CORRECTIONAL TREATMENT
PROGRAM
- The correctional treatment programs are
formulated for the purpose of rehabilitating the
prisoners mainly by changing their attitudes.
- Treatment services are geared towards
Improving the offender's philosophy of life,
various tools such is education whether formal or
vocational, work, religion and recreation are
utilized to achieve the goal of long term
rehabilitation of the convicts.
- It is also augmented by medical care.
- Individual and group counseling, visitation
which contribute to the total correctional
treatment program for the offenders.
- Our penal institution in this line, adopts an
individualized treatment whenever possible
which depends entirely on the workable
classification system.
- Without proper treatment our society would only
be protected for a short period of time while the
convicts are incarcerated.
- With proper care and implementation of the
treatment program for convicts, the wrong
attitude and behavior is slowly being improved
to pave tile way for man's reformation and his
awaited return to society as law abiding and
responsible citizen.
The United Nations "Standard Minimum Rules
for the Treatment of Prisoners”
"The treatment of persons sentenced to imprisonment
or similar measure shall have as its purpose so far as
length of Sentence permits, to establish in them the
will to lead law abiding and self-supporting lives
after their release and to fit them to do so. The
treatment shall be as such as to encourage their self-
respect and develop their sense of responsibility,"
"To these ends all appropriate means shall be used,
including religious care in the countries where this is
possible education, vocational guidance and training,
social case work, employment counseling, physical
development and strengthening of moral character,
in accordance with the individual needs of each
prisoner, taking account of his social and criminal
history his physical and mental capacities and
aptitudes, his personal temperament, the length of his
sentence and his prospects after release"
Employent of Prisoners: The old practice of prison
labor as a means of punitive sanction to law violators
in addition to the term of imprisonment was
abandoned. The rising costs in the maintenance of
prison facilities has altered adherence to such belief
and later correctional administrators incorporated
prison labor to reduce the cost of maintenance of
their institutions. .
The forerunners of our modem penal institution have
used prison labor. The Auburn system was held more
profitable because the output was greater in
congregate workshops than that of the Pennsylvania
system that employed convicts working separately
within their cells. The Americans have also utilized
prison labor not only in the manufacturing sector but
also in public works.
Six types or system of prison labor which was first
practiced in the United States;
a. Lease system – This measure is run by handing
over management to a private lease who in return
of the profits gained is responsible with the
expenditures at the institution as well as
discipline and maintenance.
b. Contract system – the state retains control and
supervision while the contractor pays the state
for the labor toiled by the convicts.
c. State use system- in this system products made in
state run institution are mainly used by the
government.
d. Price-piece system – The private contractor
supplies the raw materials and the state charges
the cost of labor based on the output products.
e. Public Account system – the state is the sole
proprietor and sells the products made in prison
to the open market.
f. Public works system – The prisoners are
utilized in the construction of roads, bridges
buildings, dams and other similar structures.
In general, the opportunity to engage in worthwhile
activities develops morale and discipline among the
inmates. Proponent of prison labor contends that the
principal value of prisons labor is to afford the
inmates to revive and acquire skills while serving
their sentences. The employment assignments of
prisoners may be classified into five general groups:
1. Available for limited employment particularly
for new comers.
2. Maintenance assignments
3. Educational assignments
4. Industrial employment
5. Agricultural activities in colonies
However, in engaging prison labor the correctional
administrators must be able to comply with the
United Nations Standards, which basically requires
the following:
a. That prison labor must not be afflictive in
nature.
b. In employing prisoners .it should be based on
their physical abilities as determined by the
medical officer.
c. It should be voluntary. . o To offer inmate sufficient academic
d. It should be able to develop the skills and work
attitude to allow them earn an honest living
after release
e. The money earned should constitute a savings
fund for the prisoner and handed over to them
after release.
An inmate over sixty years of age may be excused
from mandatory prison labor. Only medium and
minimum security mates may be assigned in
agricultural field projects within prison reservation.
Religious Services: It has been widely accepted that
the chaplain is the most important person who
contributes to the rehabilitation of the prisoner. The
inspiring power of religion drives the man to reform
and change his errant behavior. The chaplain must be
able to guide and instill proper teachings to uplift the
human spirit of the convicts, in this noble goal, the
chaplain engages not only in sacramental ministry but
as well as counseling for the convicts and their family
and ministration of the prisoners who are sick. Aside
from his pastoral responsibility, the chaplain also
serves as a member of the diagnostic staff.
Inside the prison system, the religious belief and
moral precepts of an inmate shall be respected. No
prison official shall proselytize inmates under his
supervision or allow any Inmate to do so without the
consent of the inmate concerned. An accredited
minister, pastor or priest may be allowed to hold
regular service and to pay pastoral visits to inmates of
his religion at such hours as maybe prescribed by the
Superintendent. Attendance by an inmate of worship
services and similar religious activities shall be on
voluntary basis.
Educational Program: This occupies one of the
most vital phase in the prisoners rehabilitation
program. The focus for correctional institution for
adults is geared towards vocational education but for
juvenile Institution the primary consideration is
elementary and secondary levels of formal education.
The Philippine correctional administration offers a
wide variety of vocational training to wit:
a. radio mechanics.
b. automobile mechanics.
c. shoemaking
d. horticulture,
e. carpentry,
f. electronics
g. hollow block making
h. livestock raising such as poultry and hogs
Goals of Education Program:
education, which he will need in the ever
growing demands of the outside world.
o To give vocational training to inmates to
enable him to acquire skills and be
economically efficient after release.
o To broaden the interest of prisoners towards
hobbies and cultural activities so as to help in
his adjustment to normal free life.

Recreational Program: Wholesome and healthy
activities either in groups or in small number of
participant would enable the prisoners to fight of the
ill effects of boredom as a result of his incarceration
in the prison A well rounded recreational program
must be undertaken by all prisoners design to meet
interest of the prisoners. Such activities must be well-
planned and conducted during free time to enable
maximum participation from among those convicts.
A balanced and well-rounded recreational program
shall include:
a. Sports activities either individual or dual
Sports or team sports,
b. Music, Arts and Crafts.
c. Special Events
d. Drama and literary activities
e. Social Games
f. Club activities
g. Million pictures, radio and television.
Library Service: To further enhance and improve
the practical and cultural aspects of social living, a
library should be maintained in all penal facilities. It
should contain a great number or collection of books
and periodicals to meet the wide interest and varied
needs or the prisoners.
Health and Medical Service: An adequately staffed
medical service for a sizeable number of prisoners
must be established and to be divided into three
major units namely: medicine and surgery, psychiatry
and dentistry. Said service shall be solely responsible
for providing prompt health medical and dental
services to the inmates, it should be headed by an
able medical officer whose duties range from giving
medical attention to the sick and seeing to it that
food. Hygiene and sanitation is nut subhuman to
prevent outbreak of diseases in the prison.
Counseling, Casework and Clinical Service:
Viewed as an integral part of the total corrections
program counseling, casework and clinical services
are staffed with-professional personnel to administer
to the needs of the convicts.
- Counseling entails one to the endeavor of
helping other to understand and resolve their
problems.
- In casework, professional services are given to
determine the proper prescription and social
treatment which the convicts require.
- Clinical services give the most intensive
diagnostic treatment activities aimed at
discovering individual mal adjustments, applying
psychiatric techniques and offers guidance and
support service to staff members in their relation
and efficient management of the offenders.
CUSTODY, SECURITY AND DISCIPLINE:
In prison management, custody and control of
prisoners is tool which leads to the attainment of the
rehabilitation program by effectively implementing
the rules and regulations and instilling discipline
among the inmates. Although the primary objective
of the prison program is security, its ultimate goat is
always geared towards rehabilitation of the convicts.
Security will assure that escapes are prevented,
maintenance of peace and order is attained and
contrabands are not permitted entry to the facility.
Penologists would contend that the best way to secure
the inmates is to make them engage in productive and
positive activities and prevent idleness from among
the inmates.
Custody and Control:
This would refer to penal safekeeping or guarding the
inmates. The custodial force or division being the
largest component of the whole prison personnel
system are responsible for the maintenance of
discipline as well as ensuring safety of the inmates
and preventing escapes and riots. The prison guard
has the most contact with the inmates and should be
able to manifest respect to their human rights into
gain the prisoners’ confidence and respect from the
inmates. This will enable him to occupy a position
wherein they can easily influence the convicts and
assist them in their rehabilitation program.
Custody are measures and activities such as the
implementation of security measures, locking and
counting routines, supervision of prisoners to insure
compliance to punctual and orderly movement inside
the prison and procedures for searching prisoners by
conducting greyhound operations to look for
contrabands which may be concealed in the cells,
living quarters work areas.
Contraband – is anything found in the possession of
the prisoner contrary to the rules and regulations of
the facility. This generally includes firearms and
deadly weapons, cash, jewelry and other valuable
items which can cause disharmony and threaten the
serenity within the prison.
In addition the following control measures must be
adopted:
1. A system of counting inmates. A minimum or
at least four times a day is delegated for head
count. This is normally done during change
shifts. The rule is during roll call the custodians
must hear voice and see flesh at all times
 especially during night time. In three shift work
detail, the fourth roll call is designed so as to
prevent routine or pattern time of conducting
prisoner count.
2. Control of firearms and other deadly weapon.
Firearms must be kept in an armory not within
the sight and reach of the inmates and should be
located outside of the main prison and the
inmate's work/activity area. It should be well-
guarded and locked at all times. And proper
inventory procedures are to be conducted.
3. Key control and locking devices. The key to
cells and dormitories should be always in the
possession of gate officers, Officer of the day-
shift commander, keeper and custodial and
medical officer designated by the
superintendents. A proper accounting and storage
of keys must be observed. In addition, the keys
to all means of access in and out of the facility
and vital and sensitive areas within the prison
should be kept in a separate receptacle and kept
unmarked as a precautionary measure. As an
additional measure, all locking devices in
individual doors must be checked of its good
operational efficiency.
4. Tools and equipment. Items which are utilized
as tools must be properly and securely stored and
inventory should be made to minimize the threat
to security within the prison premises.
5. Security procedures during emergencies,
major disturbances escapes and riots.
- The prison facility must establish a control
center be in command of, execute and monitor
the proper and timely implementation of detailed
plans to cope with emergency conditions which
may be caused by fires, violent disturbances or
riots or escapes.
- In case of such disorders all officials and
employees of the prison where the incident
occurs shall be placed on a 24 hour alert status to
carry out tasks necessary to quell the condition
and normalize the situation.
- In cases of such disturbances the alarm is
sounded either by bell, siren or gun fires.
- All inmates shall be instructed to lie flat on the
ground face down with arms and legs spread out.
- On such occasions when warnings are ignored,
the guards are authorized to use reasonable force
to carry out such instructions.
 Security involves safety measures to
maintain the orderliness and discipline
within the jail or prison while,
 Control involves supervision of prisoners to
ensure punctual and orderly movement from
one place work program or assignment to
another.
Discipline: The main objective of instilling discipline
in the prison system is to inculcate positive habits,
values and habits that will make the convicts useful
and law abiding members of society upon his release.
This is contrary to the notion that discipline is a
means to prevent escapes and riots and punish
infractions to rules and regulations of the institution.
Prison Discipline – is a state of good order and
behavior which include sanitation maintenance, work
Standards, education, personal health and recreation.
Morale is a component of discipline which is defined
as a mental condition of an individual pertaining to
courage, zeal, hope and confidence in the present
principles and way of life. Hence, it would be safe to
conclude that the aim of discipline in giving value
formation to the convicts have the ultimate goal to
develop self-respect, self-reliance and self-discipline
in conformity with the norms of the free world.
Preventive discipline - is the prompt corrections of
minor deviations committed by prisoners before it
become serious violations. It is a rather new concept
and is more effective than discipline applied after an
offense has been committed. This would come in the
form of advice, reprimand and warning to avoid
future misbehavior. This is amply supported by the
fact that discipline must be considered on an
individual basis in which the prisoner's altitude and
social background must be carefully studied before
applying discipline for breach of law, rules and
regulations.
Communication is a tool or important element in
discipline. A good system of communication
established between the prisoners and the correctional
officers would build harmony, rapport and
understanding. This will also relieve the inmate's
feeling of insecurity because constant end friendly
conversation eases one of his burdens in life. In
addition, the formulation of inmate councils
composed of chosen leader inmates which serve as an
advisory council to the superintendent. in dealing
with pertinent matters concerning management of
prison activities and treatment designed for the
convicts.
A rule book is, disseminated among, the convicts
and explained thoroughly to minimize violations.
Serious Infractions to the Manual and rule book
imposed in the prison is heard in the disciplinary
board the proceedings are summary in nature and the
behavior or misconduct report is scrutinized based
upon the merits. A behavior report is one which calls
the attention to the inmate's attitude which might be
considered as misconduct and could also include
positive behavior manifested by the convict duly
observed by the prison personnel. While a
misconduct report contains the violation committed
by the inmate in reference to the rules, such reports
are investigated and dealt with accordingly
Punishments imposed on prisoners convicted by the
disciplinary board:
a. Counsel and reprimand – A mild form of
punishment but an effective means of discipline
for convicts who are known to comply with rules
and regulations. This serves as deterrent to
mostly obedient inmates who are concerned to
improve their record while in prison.
b. Loss of Good Conduct Time Allowance – The
good conduct time allowance is given to
prisoners who have shown exemplary behavior
in prison. A reduction of sentence from 5 days, 8
days up to 15 days is given to the prisoner for
every month of good behavior. In cases of
misconduct this privilege is forfeited.
c. Loss of privilege – for violations to the rule
book, the temporary cancellation of visitation
privileges are meted 10 misbehaving convicts.
This is an effective deterrent for those who look
forward to converse with their friends and loved
ones.
d. Close Confinement – for those incorrigible
prisoners when lighter punishments have been
proven to be ineffectual; the use of bartolina for
solitary confinement justified when a foreseen
danger to the convict or others is apparent.
e. Reduced diet – this punishment must be given
with the supervision of the prison physician and
must conform with United Nations Standards of
not being a cruel and unusual punishment.
f. The use of handcuff and leg irons – this only
utilized in cases where in the convict may harm
himself or threaten to injure other inmates.
Classification of inmates as to entitlement of
privilege:
a. Detainee.
b. Third Class Inmate - one who has either been
previously committed for three or more times as
a sentenced inmate, except those imprisoned for
nonpayment of a fine and who had been reduced
from a higher class.
c. Second Class Inmate - a newly arrived inmate;
an inmate demoted from first class or one
promoted from the third class. .
d. FirstClass Inmate - are those whose known
character and credit for work while in detention
earned assignment to this class upon start of
sentence; or one who has been promoted from
the second class.
e. Colonist- Those who are first class inmates and
has served for one year immediately preceding
the completion of the period specified in the
following classifications: has served
imprisonment with good conduct for a period
equivalent to 1/5 of the maximum term of his
prison sentence or seven years in the case of
reclusion perpetua.
Good conduct time allowance
- is a reward for good conduct, diligence. A prisoner
may have his sentence diminished or reduced in a
manner provided under the following circumstances.
first 2 years of imprisonment - 20
days/month
3rd to the 5th year, inclusive, - 23 days/month
until the 10th year, inclusive – 25 days/month
eleventh and successive years – 30
days/month
A prisoner who has attained the status of colonist or
trustee under Act 2489 (Industrial Good Time Law)
may be given an additional of 5 days good conduct
time allowance for each month while he retains such
classification.
Special Time Allowance for loyalty
Evasion of sentence by reason of disorder due to
earthquakes, conflagration, floods or other similar
catastrophe. A reduction of
1/5 of his sentence if prisoners leave and shall return,
or surrender to authorities within 48 hours after
following the issuance or proclamation that said
calamity, mutiny, catastrophe has passed away or
elapsed.
2/5 if he chose to stay.
Release of an Inmate: An Inmate or detainee may
be released from confinement based on:
a. Upon the expiration of sentence.
b. By order of the Court or of competent authority.
c. After being granted probation, parole or pardon.
The following persons are authorized to approve
or order the release of inmates:
a. Supreme Court or lower courts, in cases of
grant of bail or of acquittal;
b. The President of the Philippines;
c. Board of Pardons and Parole;
d. Director of the Bureau of Corrections upon
expiration of the sentence of an inmate.
Before the release of a detainee or inmate, he/she
shall be properly identified. His fingerprints and other
identification marks shall be confirmed with those
which were taken when he was admitted in prison,
and any change in his distinguishing marks since
admission. Proper documentation is required prior to
release.
Inmates shall be released without delay, otherwise the
erring authority may be held criminally liable. .
ORGANIZATION OF THE BJMP: The Jail Bureau
shall be headed by a chief who shall be assisted by
the deputy chief, as prescribed by RA 6975. It shall
be composed of all city and municipal jails each
headed by a warden. The chief of the Jail Bureau
shall recommended to the Secretary of the DILG the
organization structure and staffing pattern of the
BJMP as well as disciplinary machinery of the
Bureau.

JAILS Establishment of District, City, Municipal Jails: As

amended by the Department of Interior and Local
Types of Jails: Government Act of 1990; every district, city and
1. Lock-up Jails- This is a security facility municipality in the Philippines must establish and
operated by personnel of the local law maintain a secured, dean, adequately equipped and
enforcement units for temporary detention of sanitary jail for the custody and safekeeping of any of
persons under Investigation or awaiting the following:
preliminary investigation. in conformity with the 1. A city or municipal prisoner.
law, the maximum period of d6tention for light, 2. Any fugitive from justice.
less grave and grave offenses are.12, 18.36 3. A person detained awaiting investigation
hours, respectively. 4. An accused while waiting for the court’s
2. Ordinary Jail. This facility houses prisoners judgment.
convicted of offenses which the punishment does 5. A violent mentally ill person who endangers
not exceed three years of imprisonment and himself or the safety of others.
those with pending cases before the courts, it is
administered and run by personnel of the BJMP. Rank Classification: For the purpose of attaining
3. Workhouse Jail - Also known as jail-farm or efficient administration, supervision and control of
camps such facility operates small-scale the Bureau of Jail Management and Penology the
cultivation of crops by minimum security rank classification is designated as follows:
prisoners. This would be ideal for municipalities Director -Chief of Jail Bureau
with a large number of inmates. Chief Superintendent -Deputy Chief of Jail
Bureau
Categories of prisoners under Presidential Decree Senior Superintendent -Asst. RD of Jail
29: Management Warden
Municipal prisoners – Are persons convicted to Superintendent -Provincial Warden
serve a period of imprisonment of not more than six Chief Inspector -District Jail Warden
months. Senior Inspector -City or Municipal Jail
Provincial or city prisoners – Are persons who by Warden
reason of their sentence may be deprived of liberty of Inspector
not more than three years, or those who are unable to Senior Jail Officer IV
pay a fine of 1,000 pesos. Senior Jail Officer III
National prisoners – refers to prisoners who are Senior Jail Officer II
convicted to serve a term of imprisonment of more Senior Jail Officer I
than three years. Jail Officer III
Jail Officer II
THE ADMINISTRATIVE ORGANIZATION Jail Officer
AND MANAGEMENT OF INSTITUTION
BASED CORRECTIONS VISION – The BJMP envision it-self as dynamic
institution highly regarded for it sustain humane
BUREAU OF JAIL MANAGEMENT AND safekeeping and development of inmates.
PENOLOGY
MISSION – The Bureau aims to enhance public
Established by virtue of Republic Act 6975 safety by providing humane safekeeping and
It is vested with the authority to exercise supervision development of inmates in all district, city and
and control over all city and municipal jails. municipal jails.

The BJMP exercises supervision and control over all
district, city and municipal jails. As such, it shall
ensure the establishment of secure, clean, adequately
equipped sanitary facilities; and ensure the provision
of quality services for the custody, safekeeping,
rehabilitation and development of district, city and
municipal inmates, any fugitive from justice, or
person detained awaiting or undergoing investigation
or trial and/or transfer to the National Penitentiary,
and/or violent mentally ill person who endangers
him/herself or the safety of others as certified by the
proper medical or health officer, pending transfer to a
mental institution.
CORE VALUES – The personnel are guided by the
following core values:
a. Commitment – strong sense of dedication to the
ideals of the organization and to the public.
b. Respect for Human Rights – promote and
protect the right of our fellow human beings.
c. Efficiency/Competence – mastery of important
skills for delivery of quality services.
d. Self-Discipline- the ability to act regardless of
emotional state, or to withstand undue and unjust
influence.
e. Teamwork – the combined effective action of al
personnel.
OBJECTIVES – The objectives of the Bureau are the
following:
a. To improve the living conditions of inmates in
accordance with the accepted standards set by
the UN.
b. To enhance safekeeping and development of
inmates in preparation for their eventual
reintegration into the mainstream of society upon
their release; and,
c. To professionalize jail services.
PRICIPLES – The following principles shall be
observed in the implementation of the preceding
section:
a. Humane treatment of inmates.
b. Observance of professionalism in that
performance of duties.
c. Strengthened multi-sectoral approach in the
safekeeping and development of inmates through
active partnership with other menders of the
criminal justice system and advocates in
correction.
SAFEKEEPING FUNCTIONS. COURTS AND
OTHER ENTITLES AUTHORIZED TO COMMIT
A PERSON TO JAIL- The following (course and
entitles) are authorized to commit a person to jail.
a. Supreme Court
b. Court of Appeals
c. Sandiganbayan
d. Regional Trial Court
e. Metropolitan/Municipal Trial Court
f. Municipal Circuit Trial Court
g. Congress of the Philippines
h. All other administrative bodies or persons
authorized by law to arrest and/or commit a
person to jail.
CATEGORIES OF INMATES – The two (2)
general classes of inmates are:
a. Prisoner – inmate who is convicted by the
final judgment.
b. Detainee – inmate who is undergoing
investigation/trial or awaiting
trial/sentencing.
CLASSIFICATION OF PRISONERS- The four (4)
main classification of prisoners are:
a. Insular Prisoner or National Prisoners – one
who is sentenced to a prison term of three (3)
years and one (1) day to death and are sent to
Bureau of Corrections;
b. Provincial Prisoner – one who is sentenced to
a prison term of six (6) months & one (1) day
three (3) years and under the custody of
provincial jails that has jurisdiction of their
sentence;
c. City Prisoner-one who is sentenced to a
prison term of one (1) day to three (3) years.
d. Municipal Prisoner – one who is sentenced to
a prison term of one (1) day to six (6) months.
CLASSIFICATIONS OF DETAINEES-The three
(3) types of detainees are those:
a. Undergoing investigation
b. Awaiting and undergoing trial; and,
c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION
a. High Profile Inmate - those who require
increased security based on intense media
coverage or public concern as a result of their
offense such as but not limited to those who have
been involved in a highly controversial or
sensationalized crime or those who became
prominent for being a politician, government
official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or
television personality.
b. High Risk Inmate - those who are considered
highly dangerous and who require a greater
 degree of security, control and supervision
because of their deemed capability of escape, of
being rescued, and their ability to launch or
spearhead acts of violence inside the jail. This
includes those charged with heinous crimes such
as murder, kidnapping for ransom, economic
sabotage, syndicated or organized crimes, etc.
Also included are inmates with military or police
trainings or those whose life is in danger or
under imminent threat.
c. High Value Target (HVT) - a target, either a
resource or a person, who may either be an
enemy combatant, high ranking official or a
civilian in danger of capture or death, typically in
possession of critical intelligence, data, or
authority marked as an objective for a mission
and which a commander requires for the
successful completion of the same.
d. Security Threat Group - any formal or informal
ongoing inmates’ group, gang, organization or
association consisting of three or more members
falling into one of the following basic categories:
street gangs, prison gangs, outlaw gangs,
traditional organized crime, aboriginal gangs,
subversive groups and terrorist organizations.
e. Subversive Group - a group of persons that
adopts or advocates subversive principles or
policies tending to overthrow or undermine an
established government.
f. Terrorist Group - a group of persons that
commits any of the following: piracy and mutiny
in the high seas or in the Philippine waters,
rebellion or insurrection, coup d’état, murder,
kidnapping and serious illegal detention, crimes
involving destruction, arson, hijacking, violation
of laws on toxic substances and hazardous and
nuclear waste control, violations of atomic
energy regulations, anti-piracy and antihighway
robbery, illegal and unlawful possession,
manufacture, dealing in, acquisition or
disposition of firearms, ammunitions or
explosives.
g. Violent Extremist Offender (VEO) - a person
whose political or religious ideologies are
considered far outside the mainstream attitudes
of the society or who violates common moral
standards and who has adopted an increasingly
extreme ideals and aspirations resorting to the
employment of violence in the furtherance of
his/her beliefs.
h. Medium Risk Inmates -those who represent a
moderate risk to the public and staff. These
inmates still require greater security, control and
supervision as they might escape from and might
commit violence inside the jail.
i. Minimum Risk Inmates (Ordinary Inmates) -
those inmates who have lesser tendencies to
commit offenses and generally pose the least risk
to public safety. In most cases, they may be first
time offenders and are charged with light
offenses.
REQUIREMENTS FOR COMMITMENT - No
person shall be committed to any jail facility without
the following required documents:
a. Commitment Order;
b. Medical Certificate - recent medical certificate
taken within 24 hours prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
CLASSIFICATION BOARD - Each jail shall
maintain a classification board, if facilities and
personnel are available, to be composed of the
following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
CLASSIFICATION PROCESS
The inmate shall stay at the Inmate Classification and
Counseling Unit (ICCU) for a minimum period of
thirty (30) days but not exceeding sixty (60) days or
until the completion of the classification process. At
the ICCU, the newly committed inmate will undergo
assessment by the different health professionals
DISCIPLINARY BOARD - A disciplinary board
shall be organized and maintained for the purpose of
hearing disciplinary cases involving any inmate who
violates jail rules and regulations.
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative
If the above composition is not feasible because of
personnel limitation, the warden shall perform the
board’s functions and he shall act as the summary
disciplinary officer.
PUNISHABLE ACTS - An inmate is strictly
prohibited from committing any of the following
acts:
MINOR OFFENSES:
 a. Selling or bartering with fellow inmate(s)
those items not classified as contraband;
b. Rendering personal service to fellow
inmate(s);
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness and
orderliness in his/her quarters and/or
surroundings;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints
on behalf of other inmates;
g. Reporting late for inmate formation and
inmate headcount without justifiable reasons;
and
h. Willful waste of food.
LESS GRAVE OFFENSES:
a. Failure to report for work detail without
sufficient justification;
b. Failure to render assistance to an injured
personnel or inmate;
c. Failure to assist in putting out fires inside the
jail;
d. Behaving improperly or acting boisterously
during religious, social and other group
functions;
e. Swearing, cursing or using profane or
defamatory language directed at other persons;
f. Malingering or pretending to be sick to skip
work assignment;
g. Spreading rumors or malicious intrigues to
besmirch the honor of any person, particularly
BJMP personnel;
h. Failure to stand at attention and give due
respect when confronted by or reporting to any
BJMP personnel;
i. Forcing fellow inmates to render personal
service to him/her and/or to others;
j. Exchanging uniforms or wearing clothes other
than those issued to him/her for the purpose of
circumventing jail rules;
k. Loitering or being in an unauthorized place;
l. Using the telephone without authority from the
desk officer/warden;
m. Writing, defacing, or drawing on walls, floors
or any furniture or equipment;
n. Withholding information, which may be
inimical or prejudicial to the jail
administration;
o. Possession of lewd or pornographic literature
and/or photographs;
p. Absence from cell, brigade, place of work
during headcount, or at any time without
justifiable reason; and
q. Failure to turn over any implement/article/s
issued after work detail.
GRAVE OFFENSES:
a. Making untruthful statements or lies in any
official communication, transaction, or
investigation;
b. Keeping or concealing keys or locks of places
in the jail which are off-limits to inmates;
c. Giving gifts, selling, or bartering items with
jail personnel;
d. Keeping in his/her possession money, jewelry,
cellular phones or other communication
devices and other items classified as
contraband under the rules;
e. Tattooing others or allowing him/her to be
tattooed on any part of the body, or keeping
any paraphernalia to be used in tattooing;
f. Forcibly taking or extorting money from
fellow inmates and visitors;
g. Punishing or inflicting injury or any harm
upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor
and prohibited drugs;
i. Making, improvising or keeping any kind of
deadly weapon;
j. Concealing or withholding information on
plans of attempted escapes;
k. Unruly conduct and flagrant disregard for
discipline and instructions;
l. Escaping, attempting or planning to escape
from the institution or from any guard;
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or
participating therein and/or agitating to cause
such disturbance or riot;
o. Indecent, immoral or lascivious acts by
himself/herself or others and/or allowing
himself/herself to be the subject of such
indecent, immoral or lascivious acts;
p. Willful disobedience to a lawful order issued
by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or
equipment;
s. Participating in kangaroo court, an
unauthorized or irregular court conducted with
disregard for or perversion of legal procedures
as a mock court by the inmates in a jail/prison;
t. Affiliating with any gang or faction whose
main purpose is to foment regionalism or to
segregate themselves from others;
u. Failing to inform the authorities concerned
when afflicted with any communicable
disease, such as tuberculosis, sexually-
transmitted diseases, etc.; v. Engaging in
gambling or any game of chance;
v. Committing any act which violates any law or
ordinance, in which case, he/she shall be
 prosecuted criminally in accordance with law;
and
w. Committing any act prejudicial to good order
and discipline.
Any personnel, especially warden, found to
be allowing and tolerating any violation mentioned
above will be immediately relieved from his/her
designation without prejudice to his or her being
administratively charged
INMATES COUNT (Jail – 5 to 6 times) - It is
imperative that at specified times during each 24-
hour period, all inmates are physically counted. The
counting must be accurate and if the total jail count
does not tally, a recount should be made.
RIGHTS OF INMATES – Although the purpose for
committing a person on jail is to deprive him of
liberty in order to protect society against crime, such
person is still entitled to certain rights even while in
detention. These rights are:
a) The right to be treated as human being, and not
to be subjected to corporal punishment;
b) The right to be informed of the regulations
governing the detention center;
c) The right to adequate food, space and ventilation,
rest and recreation;
d) The right to avail of medical, dental and other
health services;
e) The right to be visited by his counsel anytime;
f) The right to practice his religious beliefs and
moral precepts;
g) The right to vote unless disqualified by law;
h) The right to separate detention facilities or cells
particularly for women inmates;
i) If a foreigner, the right to communicate with his
embassy or consulate.
PRIVILEGES ALLOWED FOR INMATES -
Inmates may enjoy the following privileges:
a) To wear their own clothes while in confinement;
b) To write letters, subject to censorship, provided
that expenses for such correspondence shall be
borne by them;
c) To receive visitors during visiting hours.
However, visiting privileges may be denied in
accordance with the rules and whenever public
safety so requires;
d) To receive books, letters, magazines, newspapers
and other periodicals that the jail authorities may
allow;
e) To be treated by their own doctor and dentist at
their expense upon request from and approval by
appropriate authorities;
f) To be treated in a government or private hospital,
provided it is deemed necessary and allowed by
the rules:
g) To request free legal aid if available:
h) To sport hair in their customary style, provided it
is decent and allowed by the jail authorities;
i) To receive fruits and prepared foods, subject to
inspection and approval by jail officials;
j) To read books and other reading materials
available in the library, if any
k) To maintain cleanliness in their cells and
brigades or jail premises and perform other work
as may be necessary for hygienic and sanitary
purposes; and,
l) To be entitled to Good Conduct Time Allowance
(GCTA) as provided by law.
MODES AND GUIDELINES OF RELEASE - The
following modes and guidelines shall be observed
when inmates are to be released from detention.
A. An inmate may be released through:
1) Service of Sentence
2) Order of the Court
3) Parole
4) Pardon
5) Amnesty
B. Before an inmate is released, he shall be properly
identified to ensure that he is the same person
received and will be released. His marks and
fingerprints shall be verified with those taken
when he was received. any changes or
differences in his distinguishing marks and scars
shall be investigated to ascertain his real identity
in order to prevent the mistaken release of
another person.
C. No inmate shall be released on a mere verbal
order or an order relayed by telephone. The
release of an inmate by reason of acquittal,
dismissal of case, payment of fines and or
indemnity, or filing of bond shall be effected
only upon receipt of the Release Order served by
the Court Process server. The Court Order shall
bear the full name of the inmate, the crime he
was charged with, the criminal case number and
such other details that will enable the Jail Officer
to properly identify the inmate to be released.
Organization and Key Positions of the BJMP
The BJMP shall be respectively headed by a Chief
assisted by two (2) deputy chiefs,
one (1) for administration
one (1) for operations
Appointing Authority - President upon
recommendation of the Secretary of the DILG from
among the qualified officers with at least the rank of
senior superintendent in the service:
Tour of duty – does not exceed 4 years
Chief of the Jail Bureau – director
The second officers in command of the BJMP
Dep Chief for Admin - chief
superintendent
The third officer in command of the BJMP
Dep Chief for Operation - chief
superintendent
The fourth officers in command of the BJMP
Chief of Directorial Staff - chief
superintendent
Directors of Directorial Staff – Senior Sup.
NON – INSTITUTIONAL CORRECTION
Community Based Correction)
HISTORY OF PROBATION:
1841 ENGLAND - Matthew Devenport Hill an
English magistrate practiced his methods which
includes suspending judgment and releasing the
convicts in his own recognizance with a pledge NOT
to commit any crimes. Held as the father of
probation in England he worked for the
guardianship of parents and employers of juvenile
and first time offenders to save them from the stigma
of prison life.
Probation is said to have originated in England in the
year 1841.
1841 Boston Massachusetts, USA - about the same
time, John Augustus, a shoemaker started the
rudimentary form of probation.
Augustus method of providing ball for temporary
suspension or postponement of sentence during
which he offered assistance by way of counsel,
finding homes, securing employment and helping the
offenders solve their family difficulties in adjustment.
He interceded for youthful offenders and alcoholics
and placed them in his charge. Much of his practical
approach is still being utilized and adopted by
probation officers worldwide in the form of
preliminary social investigation, interviewing, family
casework, foster home placement.
Due to his remarkable innovation to corrections he
was considered as the father of probation.
In 1887, a law was passed in providing for the
appointment of a probation officer for the city of
Boston.
Edward N. Savage a former Boston chief of police
was named as the first probation officer, employed
by the government.
PROBATION IN THE PHILIPPINES
Act 4221 – August 7, 1935, Probation was first
introduced in the Philippines.
This law created a Probation Office under the
Department of Justice.
On November 16, 1937, the Supreme Court declared
the Probation Law unconstitutional in the case of
People vs. Vera, 376 O.G. 164.
In 1972, House Bill No. 393 was filed in Congress,
which would establish a probation system in the
Philippines.
Aware of the needs of the criminal justice system of
the country, Congressmen Teodulo C. Natividad,
and Ramon D. Bagatsing (Principal Author)
introduced House Bill 393 entitled" An Act
establishing Probation in the Philippines; Providing
Probation Officers Therefore and for Other
Purposes.”
The turning point of the Probation law came on
November 13, 1974 when Juan Ponce Enrile,
National Defense Secretary and concurrent
chairman of the National Police Commission
created the Inter-Disciplinary Committee on Crime
Prevention. Commissioner Teodulo Natividad was
appointed chairman, with four members representing
the criminal justice system they were tasked to draft
the adult probation decree.
In 1975, the National Police Commission
Interdisciplinary drafted a Probation Law. After 18
technical hearings over a period of six months, the
draft decree was presented to a selected group of 369
jurists, penologists, civic leaders and social and
behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an
Adult Probation System in the country.

On his assumption as NAPOLCOM Chairman early
January 1976, Natividad created a technical national
strategy to reduce crime. A seminar on the Probation
system was conducted on April 26 1976 under the
auspices of the IDC sponsored by the NAPOLCOM
and the Integrated National Police. It was held at the
University of the Philippines Law Center, and was
participated by a total number of 369 delegates from
the five pillars of the criminal justice system. The
draft or proposal of the adult probation decree after
careful review by the multi-sectoral experts gained
favorable support. I hit final draft was approved by
the NAPOLCOM and was favorably indorsed by the
Secretary of National Defense and Secretary of
Justice to President Ferdinand E. Marcos. The
Supreme Court after scrutiny favored the adoption of
the Probation Law and it played a vital role in the
final approval of the Probation Law.
On July 22-24, 1976, the First National Conference
on a Strategy to Reduce Crime was held at Camp
Aguinaldo. The forum was attended by nearly 800
participants. It was during the final day of the
conference, the historic signing of Presidential
Decree 968, otherwise known as the Probation Law
of 1976 was signed into law by His Excellency
Ferdinand E. Marcos. On 24 July 1976, Presidential
Decree No. 968, also known as Adult Probation
Law of 1976, was signed into Law by the President
of the Philippines. Teodulo C. Natividad later
known as the Father of Philippine Probation.
The operation of the probation system in 1976-1977
was a massive undertaking during which all judges
and prosecutors nationwide were trained in probation
methods and procedures; administrative and
procedural manuals were developed; probation
officers recruited and trained, and the central agency
and probation field offices organized throughout the
country. Fifteen selected probation officers were sent
to U.S.A. for orientation and training in probation
administration. Upon their return, they were assigned
to train the newly recruited probation officers.
The probation system started to operate on 3 January
1978. As more probation officers were recruited and
trained, more field offices were opened. There are at
present 204 field offices spread all over the country,
supervised by 15 regional offices.
FORERUNNERS OF PROBATION: The
following were regarded by penologists as the
precursors for probation:
(1) Benefit of the clergy – during the time where
the influence of the church has been so vast that
even monarchs follow its decree, an erring
member of the clergy who has been brought to
trial to be examined by the king's court may be
claimed by the bishop or chaplain on the grounds
that clergymen are subject to the authority and
jurisdiction of ecclesiastical courts. Leniency has
been manifested in sentencing of said offenders
if found guilty by a jury consisting of 12 clerks.
(2) Judicial Reprieve – Another means of reducing
the severity of penalties and harshness of
punishment was a temporary suspension of the
sentence imposed by the court, this would
provide the convicted offender ample time to
petition the crown for either an absolute pardon
or conditional pardon. English courts had
practiced said method when death penalty has
been imposed under the condition that said
offenders accept exile or deportation.
(3) Recognizance – This was viewed as the practice
which led to the development of probation
service in the year 1861. It is an old method of
deferring judgment involving an obligation or
promise on the part of the offender sworn under
court order not to violate any law in the future
and release is obtained granting that those
conditions were met.
(4) Transportation – This refers to the old practice
of exile or banishment which lasted for an
approximate period covering two centuries as the
primary method of dealing with criminal
offenders. Colonies who benefited from this
method of dispensing with prisoners got cheaper
labor as a substitute for a harsh penalty. The
continent of Australia and the South America
were the usual destination for transported
prisoners.
ROLE OF PROBATION: Probation is a vital
component of the correctional system. It is a phase
of Penology, which must be viewed in its relation to
other aspects of law enforcement and its proper
perspective. As a form of treatment of convicted
criminal offenders, probation is regarded as a
substitute for imprisonment rather than clemency,
leniency or pity. Some offenders who are less injured
to crime are better off to remain in the community
and should be given a chance to reform themselves
and to conform to the demands and norms of society
after their conviction. Others on the other hand, must
go to prison to undergo rehabilitation for their own
good and primarily for the benefit of society due to
the fact that their presence in the community will
pose a threat to law and order.
A person placed under probation, the probationer is
not to be considered as a freeman because he is
obligated to live within a specified area and required
to conform to the conditions imposed by the court.
He is deprived of certain rights and privileges of
citizenship p; such as holding public office,
participating in elections and entering into contracts.
However, the probationer retains such other rights
and is entitled to the basic, dignity of man.
Purpose of Probation: Probation, like parole and
imprisonment has the primary objective of protecting
society against crimes. Although its methods may
differ, it has a broader objective which is to serve the
great end of justice. It is a visible extension of the
powers of the court over the future behavior and
destiny of convicted offenders such is not apparent in
other dispositions of criminal cases.
The rationale of probation is as follows:
a. To protect society through controlled programs
of supervision of offenders;
b. To promote the correction and rehabilitation of
an offender by providing him with individualized
treatment;
c. To provide opportunity for the reformation of a
particular offender which might be less probable
if he were to serve a prison sentence;
d. To prevent the commission of offenses and to re-
integrate the offender into society.
Probation is a judicial disposition after which the
dependant after conviction and sentence is released,
subject to the conditions imposed by the court and the
supervision of the probation officer.
THE PROBATION LAW
PD 968 as amended by RA 10707 – Establishing a
Probation System, appropriating funds therefor and
for other purposes.
Probation as a disposition under which an accused,
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.
Policy Objectives and Declared Purposes of
Probation
1. promote the correction and rehabilitation of an
offender by providing him with individualized
community based treatment;
2. to provide an opportunity for his reformation and
re-integration into the community; and
3. to prevent the commission of offenses.
Disqualified Offenders. Probation shall not be
extended to those:
a. sentenced to serve a maximum term of
imprisonment of more than six (6) years;
b. convicted of any crime against the national
security;
c. who have previously been convicted by final
judgment of an offense punished by
imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one
thousand pesos (P1,000.00)
d. who have been once on probation under the
provisions of this Decree; and
e. who are already serving sentence at the time the
substantive provisions of this Decree became
applicable.
Where to file application for Probation?
Application for probation shall be filed with the Trial
Court which has jurisdiction over the case.
When to file application for Probation?
The application should be filed at any time after
conviction and sentence but within the period of
perfecting an appeal (15 days) as provided by the
Rules of Court.
The application for probation shall be in the form
approved by the Secretary of Justice as
recommended by the Administrator or as may be
prescribed by the Supreme Court. Official
application form or Xerox copy of the same may be
obtained or secured from any City or Provincial
Parole and Probation Office for free.
The Trial Court may notify the concerned
Prosecuting Officer of the filing of the application at
reasonable time it deems necessary, before the
scheduled hearing thereof.
The Prosecuting Officer may submit his comment(s),
if any, on the application within a reasonable time
given to him by the Trial Court from his receipt of
the notice to comment
The Trial Court may direct the applicant to report to
the proper Probation Office within seventy-two (72)
hours from his receipt of such order.
Effects of Filing and Receipt of Application for
Probation
The Trial Court may, upon receipt of the application
filed, suspend the execution of the sentence imposed
in the judgment.
Pending the submission of the PSIR and the
resolution on the application, the applicant may be
allowed on temporary liberty under his bail filed in
the criminal case: Provided, That, in case where no
bail was filed or the applicant is incapable of filing
one, the trial court may allow the release of the
applicant on recognizance to the custody of a
responsible member of the community who shall
guarantee his appearance whenever required by the
trial court.
Initial Interview Work Sheet
Within 5 working days from receipt of said
delegated assignment or self-assignment, the
investigating Probation Officer on case or CPPO
shall initially interview the applicant if he appeared in
the Probation Office upon response to the 72 hours
limitation given to him by the Trial Court. If not, the
PO on case may write the applicant in his court given
address, or personally visit applicant's place to
schedule an initial interview at the PO.
During such initial interview, the Probation Officer
on case or CPPO shall require the applicant to
accomplish and sign a Post-Sentence Investigation
Work Sheet (PPA Form 1). The investigating
Probation Officer on case or CPPO shall conduct
further investigation based on the information
contained therein.
During such initial interview, the Probation Officer
on case or CPPO shall require the applicant to
accomplish and sign a Post-Sentence Investigation
Work Sheet. The investigating Probation Officer on
case or CPPO shall conduct further investigation
based on the information contained therein.
A Waiver-Cum-Authorization (PPA Form 2),
authorizing the PPA and/or the Probation Office to
secure any and all information on the applicant, shall
be duly executed and signed by him.
Scope and Extent of Investigation:
After accomplishing the PSI Work Sheet and the
Waiver-Cum-Authorization, the same shall be
immediately submitted to the Probation Office. The
investigating Probation Officer on case or CPPO
shall conduct a thorough investigation on the;
a. antecedents,
b. mental and physical condition,
c. character,
d. socio-economic status, and criminal records, if
any, of the applicant and
e. the institutional and community resources
available for his rehabilitation.
Probation shall be denied if the court finds that:
1. the offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
2. there is undue risk that during the period of
probation the offender will commit another
crime; or
3. probation will depreciate the seriousness of the
offense committed.
In case applicant has a criminal record(s), such
should be verified with the proper government
agency(ies) as to its disposition/resolution which
has/have to be properly reflected in the PSIR.
For the sake of obtaining additional information or
clarify conflicting data, the investigating Probation
Officers on case may conduct further investigation
and interview to avoid discrepancies of
facts/information.
The investigating Probation Officer on case or CPPO
shall assess and recommend or prescribe the suitable
probation treatment and supervision program upon
the applicant, if granted probation.
Absconding Applicant – If the applicant whose
application for probation has been given due course
by the proper court has failed to present
himself/herself to the proper Office within 72 hours
from his/her receipt of the Probation Order or within
reasonable time there from, said Office shall first
exert best diligent efforts to inquire on, search, find
and locate his/her whereabouts before it shall report
such fact with appropriate recommendation to the
proper court, considering the surrounding
circumstances of place, date and time, his/her health
condition and other related factors.
POST- SENTENCE INVESTIGATION REPORT
Submission of PSIR:
After the completion of the PSIR, the Probation
Office shall submit such PSIR to the Trial Court
within the period of 60 days or within the period
ordered by the Trial Court.
Purpose of PSIR:
The PSIR aims to enable the Trial Court to determine
whether or not the ends of justice and the best interest
of the public primarily, as well as that of the
applicant, would be served by the grant or denial of
the application.
The PSIR shall contain, among others, the following:
1. circumstances surrounding the crime or offense
for which the applicant was convicted and
sentenced, taken from the applicant himself,
offended party and others, who might have
knowledge of the commission of the crime or
offense, and pertinent information taken from the
police and other law enforcement agencies, if
any, and Trial Court records;
2. details of other criminal records, if any;
3. personal circumstances, educational, economic
and socio-civic data and information about the
applicant;
4. characteristics of applicant, employable skills,
employment history, collateral information;
5. evaluation and analysis of the applicant's
suitability and legal capacity for probation and
his potential for rehabilitation, reform,
development, transformation and re-integration
into the community;
6. recommendation to:
a. grant the application, including
probation period, probation conditions
and probation treatment and supervision
plan/program; or
b. deny the application;
7. data and information on the applicant's financial
condition and capacity to pay, his civil liability,
if any;
8. results of findings of drug, psychological and
clinical tests conducted, if any;
9. results of criminal records, if any, whether
decided or still pending furnished by various law
enforcement agencies tapped by the Probation
Office for such purpose;
10. result(s) of courtesy investigation, whether
GCI/FBCI or PCI if any, conducted in the birth
place or place of origin of applicant especially if
he plans to reside thereat while on probation, if
ever his application will be granted; and
11. other analogous and related matters.
To obtain additional data or clarify discrepancies
between the information received from the applicant
and those secured from other sources, the
investigating Probation Officer and/or Chief Parole
and Probation Officer may conduct such subsequent
or further interviews on the applicant and/or other
persons as may be deemed proper and necessary.
Nature of Recommendation:
The entire PSIR submitted to the Trial Court is
recommendatory in nature and the final
recommendation contained on the last page of the
PSIR is persuasive in character addressed to the
sound discretion of the Trial Court considering that
the denial or grant of probation is a judicial function.
Signatories:
The PSIR shall, as a rule be prepared by the
investigating Probation Officer on case and approved
by the CPPO. Both shall initial each and all the pages
thereof, except the last page on which they shall affix
their respective signatures.
FULL BLOWN COURTESY INVESTIGATION
AND TRANSFER OF CONDUCT OF REFERRAL
INVESTIGATION
Its Nature and Coverage
Full Blown Courtesy Investigation (FBCI) - is a
General Courtesy Investigation from another City
or Provincial Parole and Probation Office which
requests for a complete PSIR on a petition for
probation pending referral investigation in the
Probation Office of origin. It shall take place when
upon initial investigation it is gathered that,
1. Applicant for probation is a transient offender in
the place of commission of the crime and/or a
permanent resident of another place;
2. He spent his pre-adolescent and/or adolescent
life in the province or city of origin;
3. He attended and/or finished his education
thereat; and
4. His immediate family members, collateral
informants or disinterested persons and officials
who can best authenticate the inter-family
relationship, upbringing, behavior of the
applicant for probation in the community are
residents of the place of his origin.
Transfer of Referral Investigation
When proper under the immediately preceding
section and warranted under the circumstances, a
FBCI, may be brought to the attention of the Trial
Court to transfer the conduct of the referral
investigation to the Probation Office of the province
or city of origin of applicant for probation.
Transfer to the Executive Judge
In case of the suitability for probation of the applicant
for probation, it shall be recommended in the PSIR
by the Probation Office, that simultaneous with the
grant of probation, the control over the applicant and
his probation rehabilitation program be transferred to
the Honorable Executive Judge of the RTC of the
Province or City of origin subject to the actual
visitation and supervision of the Probation Officer of
said province or city.

General Courtesy Investigation
All other General Courtesy Investigation not falling
within the purview of a FBCI to be conducted by
another Probation Office shall be known as Partial
Courtesy Investigation (PCI) which should no longer
be brought to the attention of the Trial Court for the
transfer of the conduct of the referral investigation in
order to facilitate immediate and thorough
investigation of cases, and to save time, effort and
money
PROBATION ORDER:
The application for probation shall be resolved by the
Trial Court not later than fifteen (15) days from the
date of its receipt of the PSIR.
Nature of Probation: Effect of the Grant of
Probation
Probation is but a mere privilege and as such, its
grant or denial rests solely upon the sound of
discretion of the Trial Court. After its grant it
becomes a statutory right and its hall only be
canceled or revoked for cause and after due notice
and hearing.
The grant of probation has the effect of suspending
the execution of sentence. The Trial Court shall order
the release of the probationer's cash or property bond
upon which he was allowed temporary liberty as well
as release the custodian on ROR from his
undertaking.
Effectivity of Probation Order: A probation order
shall take effect upon its issuance, at which time the
court shall inform the offender of the consequence
thereat and explain that upon his failure to comply
with any of the conditions prescribed in the said order
or his commission of another offense under which he
was placed on probation.7
Upon receipt of the Probation Order granting
probation the same shall be entered in a Docket Book
for proper recording. An order of denial shall be
docketed as well.
Finality: The Order of the court granting or denying
probation shall NOT be appealable.
TERMS AND CONDITIONS OF PROBATION
Mandatory Conditions
A Probation order shall require the probationer:
1. to present himself to the Probation Office for
supervision within 72 hours from receipt of said
order; and
2. to report to the assigned probation officer on case
at least once a month during the period of
probation at such time and place as may be
specified by the Probation Office.
Other Conditions. The Probation order may also
require the probationer, inappropriate cases, to:
1. cooperate with his program of probation
treatment and supervision;
2. meet his family responsibilities;
3. devote himself to a specific employment and
not to change said employment without prior
written approval of the CPPO;
4. undergo medical, or psychological, or
clinical, or drug or psychiatric examinations
and treatment and remain in a specified
institution, when required for that purpose;
5. comply with a program of payment of civil
liability to the offended party or his heirs,
when required by the Trial Court as
embodied in its decision or resolution;
6. pursue a prescribed secular study or
vocational training;
7. attend or reside in a facility established for
instruction, recreation or residence of
persons on probation;
8. refrain from visiting houses of ill - repute;
9. abstain from drinking intoxicating beverages
to excess;
10. permit the Supervising Probation Officer on
case or an authorized social workers to visit
his home and place of work;
11. reside at premises approved by the Trial
Court and not to change his residence
without prior written approval of said court;
and/or
12. satisfy any other conditions related to his
rehabilitation into a useful citizen which is
not unduly restrictive of his liberty or
incompatible with his freedom of
conscience.
Indemnification:Payment for civil liability shall be
done using the following modes:
1. Payment can be given to the Clerk of Court of
the Trial Court, who will in return hand over the
sum to the victim who shall issue a
corresponding receipt; a copy of which should be
given by the probationer to the Probation Office
in order to monitor such payment;
2. Payment may be deposited by the probationer to
the victim’s account where the bankbook is kept
at the Probation Office to be given to the victim
for his proper disposition;
3. Payment can be effected directly to the victim
and the receipt must be filed in the supervision
record of the probationer kept at the Probation
Office. Further, that the practice of giving the
payment to the Supervising Probation Officer on
 case (or the CPPO) to be remitted to the victim,
although with receipts, should be highly
discouraged and discontinued out rightly.
SUPERVISION OF PROBATIONERS
The primary purposes of probation supervision are to:
1. ensure the probationer's compliance with the
probation conditions specified in the Probation
Order and the prescribed probation treatment and
supervision program/plan;
2. manage the process of the probationer's
rehabilitation and re-integration into the
community; and
3. provide guidance for the probationer's
transformation and development into a useful
citizen for his eventual reintegration to the
mainstream of society.
Commencement of Supervision Service
Supervision service shall commence on the day of
initial interview or reporting of a probationer. Such
fact shall be duly noted in the case notes of the
Probationer.
Initial Report: Upon the probationer's appearance
for his initial supervision, the Supervising Probation
Officer on case, or CPPO himself shall:
1. give instructions to the client using PPA Form 4
(instruction to probationer) in order to reinforce
probationer’s awareness of the probation
conditions specified in the Probation Order in a
language or dialect understood by him;
2. formulate with the client, the supervision
treatment plan; and
3. carry out other related activities
Upon receipt of a copy of PPA Form No. 4, and a
copy of the Probation Order on a particular
probationer the Probation Office through the CPPO
shall immediately assign the probation supervision
case to his subordinate Probation Officer.
Failure to Report to Probation Officer After 72
Hours:
In the event that the probationer does not report for
initial supervision within the prescribed period after
the Probation Order has been released by the Trial
Court, or his whereabouts are unknown, the
Probation Officer shall exert his best efforts to find
said probationer and conduct such field inquiry as is
necessary within a reasonable period of time, before
considering the fact that the subject has absconded
amounting to a violation of a probation condition,
requiring the preparation and submission of a
Violation Report (PPA Form 8) to the Trial Court.
Outside Travel: A Probation Officer may authorize
a probationer to travel outside his area of
operational/territorial jurisdiction for a period of
more than ten (10) days but not exceeding thirty
(30) days.
A Probationer who seeks to travel for up to thirty
(30) days outside the operational/territorial
jurisdiction of the Probation Office shall file at least
five (5) days before the intended travel schedule
If the requested outside travel is for more than thirty
(30) days, said request shall be recommended by the
CPPO and submitted to the Trial Court for
approval.
Outside travel for a cumulative duration of more
than thirty (30) days within a period of six (6)
months shall be considered as a courtesy
supervision.
Absconding Probationer:
A probationer who has not reported for initial
supervision within the prescribed period and/or
whose whereabouts could not be found, located or
determined despite best diligent efforts within
reasonable period of time shall be declared by the
proper Office as an absconding probationer.
Thereafter said Office shall file with the proper court
a Violation Report, containing its findings and
recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly
noted by the Chief Parole and Probation Officer.
Period of Probation:
not more than 1 year 2 years
more than one year - shall not exceed 2 years.
When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not
be less than nor to be more than twice the total
number of days of subsidiary imprisonment.
Dual aspect in probation supervision.
1. Authoritarian – deals with the enforcement of
the conditions imposed by the court in the
probation order
2. The guidance aspect – to direct the probationer
to live a law abiding life and be a productive
member of the community.
Supervision in probation involves two concepts
namely;
1. Operational supervision – refers to the joint
processes that take place between the probation
officer and the probationer from the time
probation is granted until its due termination.
2. Administrative supervision – refers to the
relationship between the probation officer and
the assistant probation officers during the
conduct of operational supervision.
Levels of Supervision- The classification of
supervision are as follows:
a) Minimum- (green plan card) minimal
attention is required and the probationer is
ordered to report once a month to the
probation officer.
b) Medium- (yellow plan card) - the probationer
is in need of moderate attention and required
to report at least twice a month to the
probation office.
c) Maximum- (red plan card) this indicates that
the person placed under probation is in need of
considerable attention and guidance. More
than twice a month reporting is required in
such cases.
Modification of Conditions of Probation: During
the period of probation, the court may, upon
application of either the probationers or the probation
officer, revise or modify the conditions or period of
probation. The court shall notify either the
probationer or the probation officer of the filing of
such an application so as to give both parties an
opportunity to be heard thereon.
Change in the period or conditions of probation may
be considered when any of the following
circumstances exists:
a) Conditions are no longer appropriate to serve
the ends of rehabilitation.
b) The performance of the probationer warrants
reduction or extension of the period of
probation.
c) Violations occurs which does not require
revocation of probation.
d) The probationer has requested modification of
the probation order.
Transfer of Residence: Whenever a probationer is
permitted to reside in a place under the jurisdiction of
another court, control over him shall be transferred to
the executive judge of the "Court of First Instance" of
that place, and in such case, a copy of the Probation
Order, the investigation report and other pertinent
records shall be furnished to said executive judge.
Thereafter, the executive judge to whom jurisdiction
over the probationer is transferred shall have the
power with respect to him that was previously
possessed by the court which granted the probation.
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 defendant may be admitted to bail
pending such hearing. In such case, the provisions
regarding release on bail of persons charged with
crime shall be applicable to probationers arrested
under this provision. An order revoking the grant of
probation or modifying the terms and conditions
thereof shall not be appealable.
Termination of Probation: After the period of
probation and upon consideration of the report and
recommendation of the probation officer, the court
may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed
terminated. The final discharge of the probationer
shall restore his civil rights which were suspended
during the period of probation. At this point all civil
and criminal liability on the part of the probationer
shall be extinguished.
Volunteer Probation Assistants (VPAs)
To assist the Chief Probation and Parole Officers in
the supervised treatment program of the probationers,
the Probation Administrator may appoint VPA’s,
those;
a. Citizens of good repute and probity, who have
the willingness, aptitude and capability to act as
VPAs;
b. Preferably twenty- five (25) years old and above;
c. Preferably a resident of the same community as
the client;
d. Willing to serve without compensation;
e. Capable to prepare reports;
f. No criminal conviction, however, former clients
with exemplary behavior fit to be role models
may be considered; and
g. Of good health.
Compensation of VPA’s
VPAs shall not receive any regular compensation
except for reasonable transportation and meal
allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.
Terms of Office
They shall hold office for a two (2)-year term which
may be renewed or recalled anytime for a just cause.
Their functions, qualifications, continuance in office
and maximum case loads shall be further prescribed
under the implementing rules and regulations of this
Act.
New Trends of Punishment:
1. Pardon – An act of grace by the chief executive,
given after conviction which exempts the
offender from suffering criminal liability.
2. Commutation – It is a change made by the
President of the court’s decision by reducing the
degree of penalty imposed by the court.
3. Parole – It is the suspension of sentence of a
convict after serving the minimum term of
indeterminate penalty, without granting pardon.
4. Probation – a disposition after which the
dependent after conviction and sentence is
released subject to the conditions imposed by
the court and to supervision of a probation
officer.
5. Good Conduct Time Allowance – it is the
deduction to the term of imprisonment due to the
convicts’ exceptional and good behavior while in
prison.
6. Indeterminate sentence - a sentence of
imprisonment for the maximum period defined
by law subject to termination by a parole board
at any time after service of the minimum period.
7. Imposition of fines – it is pecuniary liability of
the offender to his victims, offended party and
aggrieved persons.
PAROLE: Form of supervised conditional liberty
from prison granted prior to the expiration of the
sentence.
- As a form of correctional treatment, parole is
designed to enhance the protection of the
community through the supervision and
rehabilitation of selected offenders following
their release from prison.
- The modern use of parole as a correctional
method stems from a change in penal philosophy
to emphasize reform and rehabilitation rather
than retribution and punishment.
- Parole systems are usually administered by the
Department of Justice, although in Mexico and
South Africa the program is run by the Ministry
of Welfare.
- In a few countries, parole is a function of the
judiciary. Eligibility for parole is governed by
statutes that provide either definite or
indeterminate sentences and define offenses for
which parole may be granted.
- In some jurisdictions, eligibility for parole is
prohibited by statute for offenders convicted of
such serious crimes as narcotics peddling, armed
robbery, kidnapping, rape, or murder. .
- Parole supervision ranges from little more than a
periodic police check to intensive supervision by
trained personnel.
- Conditions of parole vary widely but usually
define minimum standards of conduct, delimit
freedom of movement, and require the parolee to
report regularly to a parole officer.
- Violation of the conditions of parole may
constitute grounds for parole revocation and re-
incarceration.
Origin of parole: Parole was derived from the
French word "Parole d' honeur", meaning word of
honor.
- The release of prisoners was derived from the
idea that they were released on their word of
honor.
- In England about 18th century, prisoners are
released from prison before serving their
sentence as pronounce by the court.
- At that time almost all serious crimes (felonies)
were punishable with death, but only a small
proportion of those who were convicted of
felonies were actually executed.
- The majority of those who were sentenced to
death were pardoned by the king, but their
pardon was granted on the condition that they
consent to be transported to one of the colonies
where labor was required--during the 17th and
18th centuries this was America and, following
American independence, Australia.
"Ticket of leave system" – The convict detained
under a sentence of transportation was allowed a
measure of freedom, or the right to return to England,
in return for good behavior. When the sentence of
transportation was abolished in the mid-19th century,
the sentence that replaced it in English law, penal
servitude, incorporated the same procedure under a
different name – release on license.
The prisoner sentenced to penal servitude could earn
his release from the penitentiary, but not from the
shadow of the sentence, by his good behavior in
custody. His release was decided by the executive
government and was conditional on good behavior
outside prison; if another offense was committed, the
prisoner could be returned to prison to serve out the
rest of the sentence (known as the remanet).
In England the system of release from sentences of
penal servitude became almost inflexible by the later
years of the 19th century, with the result that all
prisoners serving the sentence were released after
serving a fixed and predetermined portion of it; in the
United States at that time, however, the principle of
the indeterminate sentence became widely accepted
and eventually formed the basis of the sentencing
laws of many states. In those states where the
indeterminate sentence was adopted, the law required
a judge who decided to sentence an offender to a term
of imprisonment to fix maximum and minimum
limits of confinement; the actual date of his release,
and the conditions, were then decided by an
executive body usually known as the parole board,
which had power also to revoke the offender's parole
and return him to prison. The Indeterminate sentence
was seen to have a number of advantages over the
more rigid form of sentence, in which the prisoner
could work out his exact date of release from the
moment he was sentenced.
The indeterminate sentence allowed the authorities to
observe the behavior and attitudes of the offender
while he was serving his sentence, and in particular
the way in which these changed for the better; it
provided an incentive to the prisoner to improve, in
order to convince the authorities that he was ready for
release. In addition to contributing in this way to the
rehabilitation of the offender, the indeterminate
sentence had a number of administrative advantages
to the prison authorities. It provided a powerful
sanction against misbehavior--a prisoner who was
violent or disruptive in prison knew that he risked
losing the chance of release; it allowed the authorities
to compensate for disparities in the sentences
imposed by judges (often believed to be a source of
friction and discontent among prisoners); and it
provided a means by which the population of the
prisons could be kept within limits.
The essential requisites of parole are as follows:
3. That the offender is convicted.
4. That he serves part of his sentence in prison.
5. That he is released before the full expiration of
his sentence.
6. That said release is conditional, dependent on his
good behavior.
7. That he remains on parole until the expiration of
his maximum sentence or until he receives a final
discharge from parole.
FORMS OF EXECUTIVE CLEMENCY
Pardon: It is a form of executive clemency which is
an act exercised by the President which exempting an
individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed.
- This is a privilege and only vested within the
powers of the chief executive and not subject to
review.
- It is in the nature of a deed/for the validity of
which delivery is an indispensable requisite.
- It must be accepted that when a pardon already
delivered, it cannot be revoked by the authority
granting it.
- In addition, it can only be given after a
conviction has been rendered by the court.
The exercise of pardoning power can be traced to the
medieval period and is mainly exercised by the ruling
monarchs. In the Philippines, during the term of
incumbency of former President Ferdinand E.
Marcos, the grant of pardons, reprieves,
commutations and remit fines and forfeitures were
widely exercised; In case of amnesty the
concurrence of congress is required.
There are two kinds of pardon as exercised in the
Philippines, namely absolute and conditional.
Absolute Pardon – It is given without any condition
attached to it. Its grant carries with total extinction
of criminal liability and designed for the following
purposes:
1. To do away with the miscarriage of justice.
2. To restore full political and civil rights of
persons who have already served their sentence.
3. To keep abreast with current philosophy in the
administration of the criminal justice system.
Limitations on the pardoning power:
a. Pardon cannot be extended to cases of
impeachment.
b. No pardon, parole or suspension of sentence for
the violation of any election law may be granted
without favorable recommendations by the
Commission on Election.
c. It may only be granted by the president after
conviction.
Conditional Pardon: It serves for the purpose of
releasing rehabilitated and reformed convicts who are
not eligible for parole.
- A conditional Pardoned when delivered and
accepted is considered as a social Contract
between the convict and the sovereign power of
the executive that the latter will release the
former
- In granting of conditional pardon the condition
usually imposed upon the Convict is that "he
shall not commit any felony or violate the Penal
laws of the Philippines."
It is commenced by a petition for either the convict or
his/her family or upon recommendation of proper
authorities to the Board of Pardons and Parole. Upon
determination of sufficient service or length of
imprisonment and the prisoner's potential to become
a responsible member of society, the board will
endorse the favorable recommendation to the
president.
Abuse of Pardoning Powers and Safeguards:
To curtail or prevent the instances wherein the
President may abuse his pardoning power by
indiscriminately granting of pardon to the detriment
of social order, the constitution mandates that abuse
of power is an impeachable offense. And in addition,
as practiced before only cases or petition which have
been favorably endorsed by the Board of Pardon and
Parole may be granted. But said matter is not entirely
binding on the president but only serve as a means of
decency in office.
Amnesty: It is a general pardon extended to a group
or classes of persons and is exercised by the chief
executive, with the concurrence of congress. It is
usually given to political offenders. Its purpose is to
bring about the return of dissidents and recalcitrant
members of our population to their homes and
resumption of their lawful pursuits.
Pardon and Amnesty distinguished:
1. Pardon includes any crime and is exercised by
the President exclusively and individually, while
amnesty is a blanket pardon to classes of
persons or communities who may be guilty of
political offenses.
2. Pardon is given only after conviction while
amnesty may be exercised even before
investigation, trial or conviction.
3. In granting pardon the president may wish to do
so without any consent. In amnesty its final grant
needs the concurrence of congress.
Commutation: It is a change in the decision of the
court made; by the President by reducing the degree
of penalty inflicted upon the convict, or by reducing
the length of imprisonment or amount of fine
imposed by the court in the verdict of conviction.
Commutation is exercised to break the rigidity of the
law, to extend the benefits of parole to those not
entitled to it and to save lives of person sentenced to
suffer the capital punishment.
Specific cases where commutation is automatically
provided:
1. When the convicted person sentenced to
death is over seventy years of age.
2. When there is a failure to obtain the vote or
affirmation of eight justices of the Supreme
Court en banc.
3. In both cases the degree of penalty is
reduced to reclusion perpetua.
Reprieve: It is the temporary stay in the execution of
the sentence. The execution is set backwards to
enable the President to review the merits of the case
and to determine proper punishment for the convict.
It is exercised only by the president only after
conviction.
The Board of Pardon and Parole
Policy Objectives
To uplift and redeem valuable human material to
economic usefulness and to prevent unnecessary and
excessive deprivation of personal liberty by way of
parole or through executive clemency.
Towards this end, the Board undertakes the
following:
a. Looks into the physical, mental and moral
records of prisoners who are eligible for parole
or any form of executive clemency and
determines the proper time of release of such
prisoners on parole;
b. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with
parole conditions, by way of parole supervision;
and,
c. Recommends to the President of the Philippines
the grant of any form of executive clemency to
prisoners other than those entitled to parole.
National Prisoner Confined in a Local Jail.
The Board may not consider the release on
pardon/parole of a national prisoner who is serving
sentence in a municipal, city, district or provincial jail
unless the confinement in said jail is in good faith or
due to circumstances beyond the prisoner’s control.
Who is a national prisoner?
He is one who is sentenced to a maximum term of
imprisonment of more than three (3) years or to a fine
of more than five thousand pesos; or regardless of the
length of sentence imposed by the Court, to one
sentenced for violation of the customs law or other
laws within the jurisdiction of the Bureau of Customs
or enforceable by it, or to one sentenced to serve two
(2) or more prison sentences in the aggregate
exceeding the period of three (3) years.
Filing of Petition to Board of Pardon and Parole
A formal petition for executive clemency addressed
as follows shall be submitted to the Board before the
question of said clemency will be considered.
“The President of the Philippines Thru: The
Chairman Board of Pardons and Parole, DOJ
Agencies Bldg., NIA Road cor. East Avenue,
Diliman, Quezon City”
Petitions for parole shall be addressed to the
Chairman or to the Executive Director of the Board.
However, the Board may, motu proprio, consider
cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever
the interest of justice will be served thereby.
Contents of Petition
A petition for parole/executive clemency shall
a. state the name of the prisoner,
b. his age,
c. previous criminal record, if any,
d. whether a Filipino citizen or an alien and, if a
naturalized Filipino, his former nationality and
date of naturalization,
e. his previous occupation, place of residence,
f. present crime for which he was convicted, the
trial/appellate court,
g. his penalty of imprisonment, fine, indemnity and
the commencing date thereof,
h. the jail or prison to which he was committed
and/or where he is presently confined,
i. the date he was received for confinement, the
grounds upon which executive clemency is being
asked and certification from the trial court that
his case is not on appeal.
In addition to the above-mentioned data, a petition
for absolute pardon shall be under oath and shall
include the date the petitioner was released from
prison after service of sentence or released on
parole/pardon or terminated from probation.
Referral of Petition for Absolute Pardon to a
Probation and Parole Officer
Upon receipt of a petition for absolute pardon, the
Board shall refer the petition to a Probation and
Parole Officer who shall conduct an investigation on
the conduct and activities, as well as the social and
economic conditions, of the petitioner prior to his
conviction and since his release from prison and
submit a report thereof within fifteen (15) days from
receipt of the referral.
Referral of Petition for Executive
Clemency/Parole to Other Government Agencies
A petition for executive clemency shall be referred by
the Board to the Secretary of National Defense for
comment and recommendation if the crime
committed by the petitioner is against national
security or public order or law of nations.
In case of violation of election laws, rules and
regulations, a petition for executive clemency/parole
shall be referred to the Commission on Elections for
favorable recommendation, provided, however, that
regardless of the crime committed, a petition for
executive clemency/parole may be referred for a pre-
parole/executive clemency investigation to a
Probation and Parole Officer who shall submit a
report on the behavior, character antecedents, mental
and physical condition of the petitioner within thirty
(30) days from receipt of referral, to include the
results of the National Bureau of Investigation
records check.
In case of an alien, the petition shall be referred to the
Department of Foreign Affairs for comment and
recommendation.
Executive Clemency
Review of Cases for Executive Clemency
Petitions for executive clemency may be reviewed if
the prisoners meet the following minimum
requirements:
Commutation of Sentence
1. the prisoner shall have served at least one-third
(1/3) of the minimum of his indeterminate and/or
definite sentence or the aggregate minimum of
his indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced to
Reclusion Perpetua or Life imprisonment for
crimes or offenses committed before January 1,
1994.
3. at least twelve (12) years for prisoners whose
sentences were adjusted to a definite prison term
of forty (40) years in accordance with the
provisions of Article 70 of the Revised Penal
Code, as amended.
4. at least fifteen (15) years for prisoners convicted
of heinous crimes as defined in Republic Act No.
7659 and other special laws committed on or
after January 1, 1994 and sentenced to one or
more Reclusion Perpetua or Life imprisonment.
5. at least twenty (20) years in case of one (1) or
more Death penalty/penalties, which was/were
automatically reduced or commuted to one (1) or
more Reclusion Perpetua or Life imprisonment;
For Conditional Pardon
The prisoner shall have served at least one-half (1/2)
of the minimum of his original indeterminate and/or
definite sentence. However, in the case of a prisoner
who is convicted of a heinous crime as defined in
Republic Act No. 7659 and other special laws, he
shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence
before his case may be reviewed for conditional
pardon.
For Absolute Pardon
After he has served his maximum sentence or granted
final release and discharge or court termination of
probation. However, the Board may consider a
petition for absolute pardon even before the grant of
final release and discharge under the provisions of
Section 6 of Act No. 4103, as amended, as when the
petitioner:
(1) is seeking an appointive/elective public position
or reinstatement in the government service;
(2) needs medical treatment abroad which is not
available locally,
(3) will take any government examination; or
(4) is emigrating.
Prisoners not Eligible for Executive Clemency
Prisoners who escaped or evaded service of sentence
are not eligible for executive clemency for a period of
one (1) year from the date or their last recommitment
to prison or conviction for evasion of service of
sentence
Transmittal of Carpeta and Prison Record
In executive clemency/parole cases, the Director or
Warden concerned shall forward the prison record
and carpeta of a petitioner at least one (1) month prior
to the eligibility for review.
The Director or Warden concerned shall also furnish
the Board and the Administration on or before the
fifth day of every month, a list of prisoners whose
minimum sentences will expire within ninety (90)
days and those who may be considered for executive
clemency.
WHAT IS PAROLE?
It is the conditional release of a prisoner from
correctional institution after serving the minimum
period of prison sentence.
WHO CANNOT BE GRANTED PAROLE?
Generally, those sentenced to a term of imprisonment
of one (1) year or less, or to a straight penalty, or to a
prison sentence without a minimum term of
imprisonment.
Grant of Parole
Parole is granted by the Board of Pardon and Parole.
A prisoner may be granted parole whenever the
Board finds that there is a reasonable probability that
if released, he will be law-abiding and that his release
will not be incompatible with the interest and welfare
of society.
Review of Cases for Parole
Unless otherwise disqualified under the law, a case
for parole of a prisoner shall be reviewed upon a
showing that he is confined in prison or jail to serve
an indeterminate sentence, the maximum period of
which exceeds one (1) year, pursuant to a final
judgment of conviction and that he has served the
minimum period of said sentence.
Parole is granted whenever the Board of Pardons and
Parole finds that there is a reasonable probability that,
if released, the prisoner will be law-abiding and that
the release will not be incompatible with the interest
and welfare of society.
Disqualification for Parole
The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with
Death penalty, Reclusion Perpetua or Life
imprisonment;
b. Those convicted of treason, conspiracy or
proposal to commit treason or espionage;
c. Those convicted of misprision of treason,
rebellion, sedition or coup d’état;
d. Those convicted of piracy or mutiny on the high
seas or Philippine waters;
e. Those who are habitual delinquents i.e. those
who, within a period of ten (10) years from the
date of release from prison or last conviction of
the crimes of serious or less serious physical
injuries, robbery, theft, estafa and falsification,
are found guilty of any of said crimes a third
time or oftener;
f. Those who escaped from confinement or
evaded sentence;
g. Those who were granted Conditional Pardon
and violated any of the terms thereof;
h. Those whose maximum term of imprisonment
does not exceed one (1) year or those with
definite sentence;
i. Those suffering from any mental disorder as
certified by a government
psychiatrist/psychologist;
j. Those whose conviction is on appeal;
k. Those who have pending criminal case/s.
Deferment of Parole When Safety of
Prisoner/Victim/Relatives of Victim/Witness
Compromised
If, based on the Pre-Parole Investigation Report
conducted on the prisoner, there is a clear and
convincing evidence that his release on parole will
endanger his own life and those of his relatives or the
life, safety and well being of the victim, his relatives,
his witnesses and the community, the release of the
prisoner shall be deferred until the danger ceases.
Factors to be Considered in Petition for
Conditional Pardon, Commutation of Sentence or
Parole.
a. the age of the petitioner, the gravity of the
offense and the manner in which it was
committed, and the institutional behavior or
conduct and previous criminal record, if any;
b. evidence that petitioner will be legitimately
employed upon release;
c. a showing that the petitioner has a place where
he will reside;
d. availability of after-care services for the
petitioner who is old, seriously ill or suffering
from a physical disability;
e. attitude towards the offense and the degree of
remorse; and,
f. the risk to other persons, including the victim, his
witnesses, his family and friends, or the
community in general, the possibility of
retaliation by the victim, his family and friends.
Special Factors
The Board may give special consideration to the
recommendation for commutation of sentence or
conditional pardon whenever any of the following
circumstances are present:
a. youthful offenders;
b. prisoners who are sixty (60) years old and above;
c. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is
blind or similar disabilities;
d. serious illness and other life-threatening disease
as certified by a government physician;
e. those prisoners recommended for the grant of
executive clemency by the trial/appellate court as
stated in the decision;
f. alien prisoners where diplomatic considerations
and amity between nations necessitate review;
g. circumstances which show that his continued
imprisonment will be inhuman or will pose a
grave danger to the life of the prisoner or his co-
inmates; and,
h. such other similar or analogous circumstances
whenever the interest of justice will be served
thereby.
Parole Supervision
Parole Supervision. — After release from
confinement, a client shall be placed under the
supervision of a Probation and Parole Officer so that
the former may be guided and assisted towards
rehabilitation.
The period of parole supervision shall extend up to
the expiration of the maximum sentence which
should appear in the Release Document, subject to
the provisions of Section 6 of Act No. 4103 with
respect to the early grant of Final Release and
Discharge.
Form of Release Document. — The form of the
Release Document shall be prescribed by the Board
and shall contain the latest 1” x 1” photograph and
right thumbprint of the prisoner.
Transmittal of Release Document. — The Board
shall send a copy of the Release Document to the
prisoner named therein through the Director of
Corrections or Warden of the jail where he is
confined who shall send a certification of the actual
date of release of prisoner to the Probation and Parole
Officer.
Initial Report. — Within the period prescribed in his
Release Document, the prisoner shall present himself
to the Probation and Parole Officer specified in the
Release Document for supervision.
If within forty five (45) days from the date of release
from prison or jail, the parolee/pardonee concerned
still fails to report, the Probation and Parole Officer
shall inform the Board of such failure, for appropriate
action.
Arrival Report. — The Probation and Parole Officer
concerned shall inform the Board thru the Technical
Service, Parole and Probation Administration the date
the client reported for supervision not later than
fifteen (15) working days therefrom.
Mandatory Conditions of Supervision. — It shall
be mandatory for a client to comply with the terms
and conditions appearing in the release document.
Review and Modification of Conditions. — The
Board may, upon the recommendation of the
Probation and Parole Officer, revise or modify the
terms and conditions appearing in the Release
Document.
Transfer of Residence. — A client may not transfer
from the place of residence designated in his Release
Document without the prior written approval of the
Regional Director subject to the confirmation by the
Board.
Outside Travel. — A Chief Probation and Parole
Officer may authorize a client to travel outside his
area of operational jurisdiction for a period of not
more than thirty (30) days. A travel for more than
30 days shall be approved by the Regional
Director.
Travel Abroad and/or Work Abroad. — Any
parolee or pardonee under active
supervision/surveillance who has no pending criminal
case in any court may apply for overseas work or
travel abroad. However, such application for travel
abroad shall be approved by the Administrator and
confirmed by the Board.
Death of Client. — If a client dies during
supervision, the Probation and Parole Officer shall
immediately transmit a certified true copy of the
client’s death certificate to the Board recommending
the closing of the case. However, in the absence of a
death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay
chairman or any authorized officer or any immediate
relative where the client resided, shall suffice.
Progress Report. — When a parolee/pardonee
commits another offense during the period of his
parole surveillance, and the case filed against him has
not yet been decided by the court, a Progress Report
should be submitted by the Probation and Parole
Officer to the Board.
Report of Parole Infraction/Violation. —Any
violation of the terms and conditions appearing in his
Release Document or any serious deviation or non-
observance of the obligations set forth in the parole
supervision program shall be immediately reported
by his Probation and Parole Officer to the Board.
The report shall be called Infraction Report when the
client has been subsequently convicted of another
crime.
Arrest of Client. — Upon receipt of an Infraction
Report, the Board may order the arrest or
recommitment of the client.
Effect of Recommitment of Client. — The client
who is recommitted to prison by the Board shall be
made to serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
Cancellation of Pardon/Parole. — The Board may
recommend the cancellation of the pardon or cancel
the grant of parole of a client if it finds that material
information given by said client to the Board, either
before and after release, was false, or incomplete or
that the client had willfully or maliciously concealed
material information from the Board.
Review of Case of Recommitted Parolee. — The
Board may consider the case of a recommitted
parolee for the grant of a new parole after the latter
shall have served 1/4 of the unserved portion of his
maximum sentence.
Termination of Parole and Conditional Pardon
Supervision
Certificate of Final Release and Discharge. —
After the expiration of the maximum sentence of a
client, the Board shall, upon the recommendation of
the Chief Probation and Parole Officer that the client
has substantially complied with all the conditions of
his parole/pardon, issue a certificate of Final Release
and Discharge to a parolee or pardonee. However,
even before the expiration of maximum sentence and
upon the recommendation of the Chief Probation and
Parole Officer, the Board may issue a certificate of
Final Release and Discharge to a parolee/pardonee
pursuant to the provisions of Section 6 of Act No.
4103, as amended.
The clearances from the police, court, prosecutor’s
office and barangay officials shall be attached to the
Summary Report.
Effect of Certificate of Final Release and
Discharge. — Upon the issuance of a certificate of
Final Release and Discharge, the parolee/pardonee
shall be finally released and discharged from the
conditions appearing in his release document.
However, the accessory penalties of the law which
have not been expressly remitted therein shall subsist.
Transmittal of Certificate of Final Release and
Discharge. — The Board shall forward a certified
true copy of the certificate of Final Release and
Discharge to the Court which sentenced the released
client, the Probation and Parole Officer who has
supervision over him, the client, the Bureau of
Corrections, the National Bureau of Investigation, the
Philippine National Police and the Office of the
President.
Duration of Penalties, Art 27, RPC
1. Reclusion Perpetua- 20 years and 1 day to 40
years
2. Reclusion Temporal- 12 years and 1 day to 20
years.
3. Prision Mayor and Temporary Disqualification-
6 years and 1 day to 12 years; except when
disqualification is an 'accessory penalty, in which
case its duration is that of the principal penalty.
4. Prision Correcional, suspension and destierro- 6
months and 1 day to 6 years, except when
suspension is an accessory penalty, in which case
its duration is that of the principal penalty.
5. Arresto mayor- 1 month and 1 day to 6 months.
6. Arresto menor- 1 day to 30 days.
7. Bond to keep the peace- the period in which .the
bond shall be effective is discretionary on the
court.
Classification of Penalties under Art 26, RPC.
Principal penalties- those expressly imposed by the
court in the judgment of conviction.
a. Divisible- are those which that have fixed
duration and are divisible into three periods.
b. Indivisible- are those have no fixed durations
Death
Reclusion Perpetua
Perpetual absolute or special
disqualification
Public censure
Accessory penalties- those that are deemed included
in the imposition of the principal penalties.
Classification of penalties according to their gravity:
1. Capital
2. Afflictive
3. Correctional
4. Light
Classification of penalties according to subject
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 (fine)
WHEREAS, the confinement of all offenders in
prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the
financial resources of the country; and
WHEREAS, there is a need to provide a less costly
alternative to the imprisonment of offenders who are
likely to respond to individualize, community-based
treatment programs;
SECTION 1.Title and Scope of the Decree. This
Decree shall be known as the Probation Law of 1976.
It shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential
Decree numbered Six Hundred and Three and similar
laws.
SECTION 2. Purpose - This decree shall be
interpreted so as to:
a. Promote the correction and rehabilitation of an
offender by providing him with individualized
treatment;
b. Provide an opportunity for the reformation of a
penitent offender which might be less probable
if he were to serve a prison sentence; and might
be less probable if he were to serve a prison
sentence; and
c. Prevent the commission of offenses.
SECTION 3 Meaning of Terms. - As used in this
Decree, the following shall, unless the context
otherwise requires, be construed thus:
a. "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 probation officer.
b. "Probationer" means a person place on
probation.
c. "Probation officer" means one who investigates
for the court a referral for probation or supervises
a probationer or both.

RELATED LAWS ON CORRECTIONAL SEC.4 Grant of Probation - Subject to the

ADMINISTRATION provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon
PRESIDENTIAL DECREE NO. 968 - application at any time of said defendant, suspend the
ESTABLISHING A PROBATION SYSTEM, execution of said sentences and place the defendant
APPROPRIATINGFUNDS THEREFORE AND on probation for such period and upon such terms and
FOR OTHER PURPOSES conditions as it may deem best.

WHEREAS, one of the major goals of
government is to establish a more enlightened
humane correctional system that will promote
reformation of orders and thereby reduce
incidence of recidivism;
the Probation may be granted whether the sentence
and imposes a term of imprisonment or a line only. An
the application for probation shall be filed with the trill
the court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The
filing of an application shall be deemed a waiver of
the right to appeal, or the automatic withdrawal of a
pending appeal.
An order granting or denying probation shall not be
appealable.
SEC. 5 Post-sentence investigation - No person
shall be placed on probation except upon prior
investigation by the probation officer and
determination by the court that the ends of justice and
the best interest of the public as well as that of the
defendant will be served thereby.
SEC. 6 Form of Investigation Report - The
investigation report to be submitted by the probation
officer under Section 5 hereof shall be in the form
prescribed by the Probation Administrator and
approved by the Secretary of Justice.
SEC. 7 Period for submission of investigation
Report - The probation officer shall submit to the
court the Investigation report on a defendant not
later than sixty days from receipt of the order and
said court to conduct the investigation. The court
shal1 resolve the petition for probation not later than
15 days after the receipt of said report:
Pending submission of the investigation report and
the resolution of the petition, the defendant may be
allowed to temporary liberty under his bail tiled In
the criminal case; Provide, that, In case where no bail
was tiled or that the defendant is incapable of filing
one, the court may allow the release of the defendant
on a recognizance to the custody of a responsible
member of the community who shall guarantee his
appearance whenever required by the court.
SEC. 8 Criteria for Placing an Offender on
Probation - In determining whether an offender may
be placed on probation in 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:
a. The offender is in need of correctional treatment
that can be provided most effectively by his
commitment to an institution; or
b. There is an undue risk that during the period of
probation the offender will commit another
crime; or
c. Probation will depreciate the seriousness of the
offense committed.
SEC. 9 Disqualified Offenders - The benefits of this
Decree shall not be extended to those:
a. Sentenced to serve a maximum term of
imprisonment of more than six years;
b. Convicted of any offense against the security of
the State;
c. Who have previously been convicted by final
judgment of an offense punished by
imprisonment of not less than one month and one
day and/or a fine of not less than Two Hundred
Pesos;
d. Who have been once on probation under the
provisions of this Decree; and
e. Who are already serving sentence at the same
time the substantive provisions of this Decree
becal11e applicable Pursuant to Section 33
hereof.
SEC. 10 Conditions of Probation - Every probation
order issued by the court shall contain conditions
requiring that the probationer shall;
a. Present himself to the probation officer
designated to undertake his provision at such
place as may be specified in the order within
seventy-two hours from receipt of said order.
b. Report to the probation officer at least once a
month at such time and place as specified by said
officer;
The court may also require the probationer to:
a. Cooperate with a program of supervision;
b. Meet his family responsibilities;
c. Devote himself to a specific employment and not
to change said employment without the prior
written approval of the probation officer;
d. Undergo medical, psychological or psychiatric
examination and treatment and enter and remain
in a specified Institution, when require for that
purpose;
e. Pursue a proscribed secular study or vocational
training;
f. Attend or reside in a facility established for
instruction, recreation or residence of persons on
probation;
g. Refrain from visiting houses of ill repute;
h. Abstain from drinking intoxicating beverages to
excess;
i. Permit the probation officer or an authorized
social worker to visit his home and place of
work;
j. Reside at premises approved by it and not to
change his residence without its prior written
approval; or
k. Satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his
freedom of conscience.
SEC. 11 Effectively of Probation Order - A probation
order shall take effect upon its issuance at which time
the court snail inform the offender of the
consequences thereof and explain that upon his
failure to comply with any of the conditions
prescribed in the said order or his commission of
another offence, he shall serve the penalty imposed
for the offense under which he was placed on
probation.
SEC. 12 Modification of conditions of Probation -
During the period of probation, the court may, upon
application of either the probationer or the probation
officer, revise or modify the conditions or period of
probation. The court shall notify either the probation
or the probation officer of the filing of such an
application so as to give both parties an opportunity
to be heard thereon.
The court shall inform in writing the probation officer
and probationer of any change in the period or
conditions of probation.
SEC. 13 Control and Supervision of Probationer -
The probationer and his probation program shall be
under the control of the court who placed him on
probation subject to actual supervision and visitation
by a probation officer.
Whenever a probationer is permitted to reside in a
place under the jurisdiction of another court, control
over him shall be transferred to the Executive Judge
of the Court of First instance of that place, and in
such a case, a copy of the probation order, the
investigation report and other pertinent records shall
be furnished said Executive Judge. There after the
Executive Judge to whom Jurisdiction over the
probationer is transferred shall have the power with
respect to him that was previously possessed by the
court which granted the probation.
SEC. 14 Period of Probation
(a) The period of probation of a defendant sentenced
to a term of imprisonment of not more than one year
shall not exceed two years, and in all other cases, said
period shall not exceed six years.
(b) When the sentence imposes a fine only and the
offender is made to serve subsidiary Imprisonment In
case of insolvency, the period of probation shall not
be less than nor be more than twice the total number
of days of subsidiary imprisonment as computed at
the rate established in Article thirty-nine of the
Revised Penal Code, as amended. .
SEC. 15 Arrest of Probationer; Subsequent
Disposition - At any time during probation, the court
may issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation. The
probationer, once arrested and detained, shall
immediately be brought before the court for a
hearing, which may be Informed and summary, of the
violation charged. The defendant may be admitted to
bail pending such hearing. In such a case, the
provisions regarding release on bail of persons
charged with a crime shall be applicable to
probationers arrested under this provision. If revoked,
the court shall order the probationer to serve the
sentence originally imposed. An order revoking the
grant of probation or modifying the terms and
conditions thereof shall not be responsible.
SEC. 16 Termination of Probation - After the period
of probation and upon consideration of the report and
recommendation of the probation officer, the court
may order the final discharge of the probationer upon
finding that he has fulfilled the terms and conditions
of his probation and thereupon the case is deemed
terminated.
The final discharge of the probationer shall operate to
restore to him all civil rights lost or suspended as a
result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for
which probation was granted.
The probationer and the probation officer shall each
be furnished with a copy of such order.
SEC. 17 Confidentiality of Records. - The
investigation report and the supervision history of a
probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or
indirectly to anyone other than the Probation
Administration or the court concerned, except that the
court, in Its discretion, may permit the probationer or
his attorney to Inspect the aforementioned documents
of parts thereof whenever the best interest of the
Probationer makes such disclosure desirable of
helpful; Provided, Further, That, any government
officer or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain
copies of said documents for its official use from the
proper court or the Administration.
SEC. 10 The Probation Administration - There is
hereby created under the Department of Justice an
agency to be known as the probation Administration
herein referred to as the Administration, which shall
exercise general supervision over all probationers.
The Administration shall have such staff, operating
units and personnel as may be necessary for the
proper execution of the functions.
SEC. 19 Probation Administrator - The
Administration shall be headed by the Probation
Administrator, herein after referred to as the
Administrator, who shall be appointed by the
President of the Philippines. He shall hold office
during good behavior and shall not be removed
except for cause;
The Administrator shall receive an annual salary of at
least forty thousand pesos. His powers and duties
shall be to:
(a) Act as the executive officer of the
Administration;
(b) Exercise supervision and control over all
probation officers;
(c) Make annual reports to the Secretary of Justice,
in such form as the latter may prescribe,
concerning the operation, administration and
improvement of the probation system;
(d) Promulgate, subject to the approval of the
Secretary of Justice, the necessary rules relative
to the methods and procedures of the probation
process;
(e) Recommend to the Secretary of Justice the
appointment of the subordinate personnel of his
Administration and other offices established in
this Decree, and
(f) Generally, perform such duties and exercise such
powers as may be necessary for incidental to
achieve the objectives of this Decree.
SEC. 20 Assistant Probation Administrator - There
shall be an Assistant Probation Administrator who
shall assist the Administrator and perform such duties
as may be assigned to him by the latter and as may be
provided by law. In the absence of the Administrator,
he shall act as head of the Administration. .
SEC. 21 Qualifications of the Administrator and
Assistant Probation.
Administrator - To be eligible for appointment as
Administrator or Assistant Probation Administrator, a
person must be at least thirty five years of age, holder
of a master's degree or its equivalent in either
criminology, social work, corrections, penology,
psychology, sociology, public administration, law,
police science, police administration, or related
fields, and should have at least five years of
supervisory experience, or be a member of the
Philippine Bar with at least seven years of
supervisory experience.
SEC. 22 Regional Office; Regional Probation Officer
- The Administration shall have regional offices
organized in accordance with the field service area
pattern established under the Integrated
Reorganization Plan.
Such regional offices shall be headed by a Regional
Probation Officer who shall be appointed by the
President of the Philippines in accordance with the
Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Regional Probation Officer shall exercise
supervision and control over all probation officers
within his jurisdiction and such duties as may be
assigned to him' by the Administrator. He shall have
an annual salary of at least twenty-four thousand
pesos.
He shall, whenever necessary, be assisted by an
Assistant Regional Probation Officer who shall also
be appointed by the President of the Philippines,
upon recommendation of the Secretary of Justice,
with an annual salary of twenty thousand pesos.
SEC. 23 Provincial and City Probation Officers -
There shall be at least one probation officer in each
province, all city who shall be appointed by the
Secretary of Justice upon recommendation of the
Administrator and in accordance with civil service
law and rules.
The Provincial or City Probation Officer shall receive
an annual salary of at least eighteen thousand and
four, hundred pesos.
His duties shall be to:
(b) Investigate all persons referred to him for
Investigation by the proper court or the
Administrator;
(c) Instruct all probationers under the supervision
or that of the probation aide on terms and
conditions of their probation;
(d) Keep himself Inform\!d of the conduct and
condition of probationers under his charge and
use all suitable methods to bring about an
improvement In their conduct and condition;
(e) Maintain a detailed record of his work and
submit such written reports as may be required
by the Administration or the court having
Jurisdiction over the probationer under his
supervision.
(f) Prepare a list of qualified residents of the
province or city where he is assigned who are
willing to act as probation aides;
(g) Supervise the training of probation sides and
oversee the latter's supervision of probationers;
(h) Exercise supervision and control over all field
assistants, probation aides and other personnel;
and
(i) Perform such duties as may be assigned by the
court or the Administration.
SEC. 24 Miscellaneous Powers of Provincial and
City Probation Officers - Provincial or City Probation
Officers shall have the authority within their
territorial jurisdiction to administer oaths and
acknowledgements and to take depositions In
connection with their duties and functions under this
Decree. They shall also have, with respect to
probationers under their care, the powers of a police
officer.
SEC. 25 Qualifications of Regional, Assistant
Regional. Provincial, and City Probation Officers -
No persons shall be appointed Regional or Assistant
Regional or Provincial or City Probation Officer
unless he possesses at least a bachelor's degree with
major in social work, sociology, psychology,
criminology, penology, corrections, police science,
police administration, or related fields and has at least
three years of experience in work requiring any of the
above mentioned disciplines, or is a member of the
Philippine Bar with at least three year of supervisory
experience.
Whenever practicable, the Provincial or City
Probation Officer shall be appointed from among
qualified residents of the province or city where he
will be assigned to work.
SEC. 26 Organization - Within twelve months from
the approval of this Decree, the Secretary of Justice
shall organize the administrative structure of the
Administration and the other agencies created herein.
During said period he shall also determine the
staffing patterns of the regional provincial and city
probation offices with the end in view of achieving
maximum efficiency and economy in the operations
of the probation system.
SEC. 27 Field Assistants, Subordinate Personnel.
Provincial or city probation officers shall be assisted
by such field assistants and subordinate personnel as
may be necessary to enable them to carry out their
duties effectively.
SEC. 28 Probation Aides. To assist the Provincial or
city probation officers in the supervision of
probationers, The probation Administrator may
appoint citizens of good repute and probity to act as
probation aides.
Probation aides shall not receive any regular
compensation for services except for reasonable
travel allowance. They shall hold office for such
period as may be determined by the Probation
Administrator. Their qualifications and maximum
caseloads shall be provided in the rules promulgated
pursuant to this Decree.
SEC. 29 Violation of Confidential Nature of
Probation Records. The penalty of imprisonment
ranging from six months and one day to six years and
a fine ranging from six thousand pesos shall be
imposed upon any person who violates Section 17
hereof.
SEC. 30 Appropriations- There is hereby authorized
the appropriation of the sum of six Million Five
Hundred Thousand Pesos or so much as may be
necessary, out of any of the funds of the National
Treasury not otherwise appropriated, to carry out the
purposes of this Decree. Thereafter, the amount of at
least Ten Million Five Hundred Thousand Pesos or so
much as may be necessary shall be included in the
annual appropriations of the National Government.
SEC. 31.Repealing Clause. - All provisions of
existing laws, orders and regulations contrary or
inconsistent with this Decree are hereby
repealed or modified accordingly. .
SEC. 32 Separability of Provisions. - If any part,
section or provision of this Decree shall be held
invalid or unconstitutional, no other parts, sections or
provisions hereof shall be affected thereby.
SEC. 33 Effectivity. This Decree shall take effect
upon its approval: Provided, However, That, the
application of its substantive provisions concerning
the grant of probation shall only take effect twelve
months after the certification by the Secretary of
Justice to the Chief Justice of the Supreme Court that
the administrative structure of the Probation
Administration and of the other agencies has been
organized.
Done in the City of Manila, this 24th day of July in
the year of our Lord, nineteen hundred and seventy
six.
REPUBLIC ACT No. 10707
AN ACT AMENDING PRESIDENTIAL
DECREE NO. 968, OTHERWISE KNOWN AS
THE “PROBATION LAW OF 1976”, AS
AMENDED
SECTION 1. Section 4 of Presidential Decree No.
968, as amended, is hereby further amended to read
as follows:
“SEC. 4. Grant of Probation. — Subject to the
provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant for a
probationable penalty and upon application by said
defendant within the period for perfecting an appeal,
suspend the execution of the sentence and place the
defendant on probation for such period and upon such
terms and conditions as it may deem best. No
application for probation shall be entertained or
granted if the defendant has perfected the appeal from
the judgment of conviction: Provided, That when a
judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment
is modified through the imposition of a probationable
penalty, the defendant shall be allowed to apply for
probation based on the modified decision before such
decision becomes final. The application for probation
based on the modified decision shall be filed in the
trial court where the judgment of conviction
imposing a non-probationable penalty was rendered,
or in the trial court where such case has since been
re-raffled. In a case involving several defendants
where some have taken further appeal, the other
defendants may apply for probation by submitting a
written application and attaching thereto a certified
true copy of the judgment of conviction.
“The trial court shall, upon receipt of the application
filed, suspend the execution of the sentence imposed
in the judgment.
“This notwithstanding, the accused shall lose the
benefit of probation should he seek a review of the
modified decision which already imposes a
probationable penalty.
“Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only. The
filing of the application shall be deemed a waiver of
the right to appeal.
“An order granting or denying probation shall not be
appealable.”
SECTION 2. Section 9 of the same Decree, as
amended, is hereby further amended to read as
follows:
“SEC. 9. Disqualified Offenders. — The benefits of
this Decree shall not be extended to those:
1. sentenced to serve a maximum term of
imprisonment of more than six (6) years;
2. convicted of any crime against the national
security;
3. who have previously been convicted by final
judgment of an offense punished by
imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one
thousand pesos (P1,000.00);
4. who have been once on probation under the
provisions of this Decree; and
5. who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Section 33 hereof.”
SECTION 3. Section 16 of the same Decree, as
amended, is hereby further amended to read as
follows:
“SEC. 16. Termination of Probation. — After the
period of probation and upon consideration of the
report and recommendation of the probation officer,
the court may order the final discharge of the
probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon
the case is deemed terminated.
“The final discharge of the probationer shall operate
to restore to him all civil rights lost or suspended as a
result of his conviction and to totally extinguish his
criminal liability as to the offense for which
probation was granted.
“The probationer and the probation officer shall each
be furnished with a copy of such order.”
SECTION 4. Section 24 of the same Decree is
hereby amended to read as follows:
“SEC. 24. Miscellaneous Powers of Regional,
Provincial and City Probation Officers. — Regional,
Provincial or City Probation Officers shall have the
authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take
depositions in connection with their duties and
functions under this Decree. They shall also have,
with respect to probationers under their care, the
powers of a police officer. They shall be considered
as persons in authority.”
SECTION 5. Section 27 of the same Decree is
hereby amended to read as follows:
“SEC. 27. Field Assistants, Subordinate Personnel. –
Regional, Provincial or City Probation Officers shall
be assisted by such field assistants and subordinate
personnel as may be necessary to enable them to
carry out their duties effectively.”
SECTION 6. Section 28 of the same Decree is
hereby amended to read as follows:
“SEC. 28. Volunteer Probation Assistants (VPAs). —
To assist the Chief Probation and Parole Officers in
the supervised treatment program of the probationers,
the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness,
aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular compensation
except for reasonable transportation and meal
allowances, as may be determined by the Probation
Administrator, for services rendered as VPAs.
“They shall hold office for a two (2)-year term which
may be renewed or recalled anytime for a just cause.
Their functions, qualifications, continuance in office
and maximum case loads shall be further prescribed
under the implementing rules and regulations of this
Act.
“There shall be a reasonable number of VPAs in
every regional, provincial, and city probation office.
In order to strengthen the functional relationship of
VPAs and the Probation Administrator, the latter
shall encourage and support the former to organize
themselves in the national, regional, provincial, and
city levels for effective utilization, coordination, and
sustainability of the volunteer program.”
GOOD CONDUCT TIME ALLOWANCE
REPUBLIC ACT No. 10592 - An act amending
articles 29, 94, 97, 98 and 99 of Act. 3815. (credit of
preventive imprisonment and good conduct time
allowance)
Period of preventive imprisonment deducted from
term of imprisonment
– Offenders or accused who have undergone
preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of
liberty, with the full time during which they have
undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being
informed of the effects thereof and with the
assistance of counsel to abide by the same
disciplinary rules imposed upon convicted prisoners,
except in the following cases:
a. When they are recidivists
b. An accused who has been convicted previously
twice or more times of any crime
c. An accused who, upon being summoned for the
execution of their sentence they have failed to
surrender voluntarily before a court of law
d. Habitual delinquents
e. Escapees; and
f. PDL charge of heinous crimes.
"If the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, he shall do so in writing with the assistance
of a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty
of reclusion perpetua shall be deducted from thirty
(30) years.
"Whenever an accused has undergone preventive
imprisonment for a period equal to 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. Computation of preventive
imprisonment for purposes of immediate release
under this paragraph shall be the actual period of
detention with good conduct time allowance:
Provided, however, That if the accused is absent
without justifiable cause at any stage of the trial, the
court may motu proprio order the rearrest of the
accused: Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of
this Act. In case the maximum penalty to which the
accused may be sentenced is lestierro, he shall be
released after thirty (30) days of preventive
imprisonment."
Partial extinction of criminal liability. – Criminal
liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit
may earn while he is undergoing preventive
imprisonment or serving his sentence."
Allowance for good conduct. – The good conduct of
any offender qualified for credit for preventive
imprisonment pursuant to Article 29 of this Code, or
of any convicted prisoner in any penal institution,
rehabilitation or detention center or any other local
jail shall entitle him to the following deductions from
the period of his sentence:
a. first two years - twenty days for each month
b. third to the fifth year - twenty-three days for each
month
c. following years until the tenth year - twenty-five
days for each month
d. eleventh and successive years - thirty days for
each month
e. At any time during the period of imprisonment -
fifteen days for each month of study, teaching or
mentoring service time rendered.
The following are DISQUALIFIED to avail GCTA
during PREVENTIVE imprisonment
a. When they are recidivists
b. An accused who has been convicted previously
twice or more times of any crime
c. An accused who, upon being summoned for the
execution of their sentence they have failed to
surrender voluntarily before a court of law
d. Habitual delinquents
e. Escapees; and
f. PDL charge of heinous crimes.
The following are DISQUALIFIED to avail GCTA
during SERVICE of SENTENCE
a. When they are recidivists
b. Habitual delinquents
c. Escapees; and
d. PDL charge of heinous crimes.
"An appeal by the accused shall not deprive him of
entitlement to the above allowances for good
conduct."
Special time allowance for loyalty
A deduction of 1/5 of the period of his sentence -
gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe
A deduction of 2/5 of the period of his sentence – if
the prisoner chose to stay in the place of his
confinement notwithstanding the existence of a
calamity or catastrophe
This Article shall apply to any prisoner whether
undergoing preventive imprisonment or serving
sentence.
Who grants time allowances:
a. the Director of the Bureau of Corrections,
b. the Chief of the Bureau of Jail Management and
Penology and/or
c. the Warden of a provincial, district, municipal or
city jail
GCTA, TASTM, and STAL ONCE GRANTED is
shall NOT be REVOKED.
SUBSIDIARY IMPRISONMENT LAW
REPUBLIC ACT NO. 10159 - an act amending
article 39 of Act. 3815 (subsidiary imprisonment)
Subsidiary Penalty. – If the convict has no property
with which to meet the fine mentioned in paragraph 3
of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day
for each amount equivalent to the highest
minimum wage rate prevailing in the Philippines
at the time of the rendition of judgment of
conviction by the trial court, subject to the
following rules:
1. If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain
under confinement until his fine referred in the
preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no case
shall it continue for more than one year, and no
fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a
fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a fight felony.
3. When the principal penalty imposed is higher
than prision correctional, no subsidiary
imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be
executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict,
during the period of time established in the
preceding rules, shall continue to suffer the same
deprivations as those of which the principal
penalty consists.
5. 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.
RECOGNIZANCE ACT OF 2012
REPUBLIC ACT No. 10389
An act institutionalizing recognizance as a mode of
granting the release of an indigent person in custody
as accused in a criminal case and for other purposes.
(release on recognizance)
Statement of Policy. – It is the declared policy of the
State to promote social justice in all phases of
national development, including the promotion of
restorative justice as a means to address the problems
confronting the criminal justice system such as
protracted trials, prolonged resolution of cases, lack
of legal representation, lack of judges, inability to
post bail bond, congestion in jails, and lack of
opportunity to reform and rehabilitate offenders. In
consonance with the principle of presumption of
innocence, the 1987 Philippine Constitution
recognizes and guarantees the right to bail or to be
released on recognizance as may be provided by law.
In furtherance of this policy, the right of persons,
except those charged with crimes punishable by
death, reclusion perpetua, or life imprisonment, to be
released on recognizance before conviction by the
Regional Trial Court, irrespective of whether the case
was originally filed in or appealed to it, upon
compliance with the requirements of this Act, is
hereby affirmed, recognized and guaranteed.
Recognizance Defined. – Recognizance is a mode of
securing the release of any person in custody or
detention for the commission of an offense who is
unable to post bail due to abject poverty. The court
where the case of such person has been filed shall
allow the release of the accused on recognizance as
provided herein, to the custody of a qualified member
of the barangay, city or municipality where the
accused resides.
Duty of the Courts. – For purposes of stability and
uniformity, the courts shall use their discretion, in
determining whether an accused should be deemed an
indigent even if the salary and property requirements
are not met. The courts may also consider the
capacity of the accused to support not just
himself/herself but also his/her family or other people
who are dependent on him/her for support and
subsistence.
Other relevant factors and conditions demonstrating
the financial incapacity of the accused at the time that
he/she is facing charges in court may also be
considered by the courts for the purpose of covering
as many individuals belonging to the marginalized
and poor sectors of society.
Release on Recognizance as a Matter of Right
Guaranteed by the Constitution. – The release on
recognizance of any person in custody or detention
for the commission of an offense is a matter of right
when the offense is not punishable by death,
reclusion perpetua, or life imprisonment: Provided,
That the accused or any person on behalf of the
accused files the application for such:
a. Before or after conviction by the Metropolitan
Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities and Municipal Circuit Trial
Court; and
b. Before conviction by the Regional Trial Court:
Provided, further, That a person in custody for a
period equal to or more than the minimum of the
principal penalty prescribed for the offense
charged, without application of the Indeterminate
Sentence Law, or any modifying circumstance,
shall be released on the person’s recognizance.
Requirements. – The competent court where a
criminal case has been filed against a person covered
under this Act shall, upon motion, order the release of
the detained person on recognizance to a qualified
custodian: Provided, That all of the following
requirements are complied with:
a. A sworn declaration by the person in custody of
his/her indigency or incapacity either to post a
cash bail or proffer any personal or real property
acceptable as sufficient sureties for a bail bond;
b. A certification issued by the head of the social
welfare and development office of the
municipality or city where the accused actually
resides, that the accused is indigent;
c. The person in custody has been arraigned;
d. The court has notified the city or municipal
sanggunian where the accused resides of the
application for recognizance. The sanggunian
shall include in its agenda the notice from the
court upon receipt and act on the request for
comments or opposition to the application within
ten (10) days from receipt of the notice.
The action of the sanggunian shall be in the form of a
resolution, and shall be duly approved by the mayor,
and subject to the following conditions:
1. Any motion for the adoption of a resolution for
the purpose of this Act duly made before the
sanggunian shall he considered as an urgent
matter and shall take precedence over any other
business thereof: Provided, That a special
session shall be called to consider such proposed
resolution if necessary;
The resolution of the sanggunian shall include in its
resolution a list of recommended organizations from
whose members the court may appoint a custodian.
2. The presiding officer of the sanggunian shall
ensure that its secretary shall submit any
resolution adopted under this Act within twenty-
four (24) hours from its passage to the mayor
who shall act on it within the same period of time
from receipt thereof;
3. If the mayor or any person acting as such,
pursuant to law, fails to act on the said resolution
within twenty-four (24) hours from receipt
thereof, the same shall be deemed to have been
acted upon favorably by the mayor;
4. If the mayor or any person acting as such,
pursuant to law, disapproves the resolution, the
resolution shall be returned within twenty-four
(24) hours from disapproval thereof to the
sanggunian presiding officer or secretary who
shall be responsible in informing every member
thereof that the sanggunian shall meet in special
 session within twenty-four (24) hours from
receipt of the veto for the sole purpose of
considering to override the veto made by the
mayor.
For the purpose of this Act, the resolution of the
sanggunian of the municipality or city shall be
considered final and not subject to the review of the
Sangguniang Panlalawigan, a copy of which shall be
forwarded to the trial court within three (3) days from
date of resolution.
e. The accused shall be properly documented,
through such processes as, but not limited to,
photographic image reproduction of all sides of
the face and fingerprinting: Provided, That the
costs involved for the purpose of this subsection
shall be shouldered by the municipality or city
that sought the release of the accused as provided
herein, chargeable to the mandatory five percent
(5%) calamity fund in its budget or to any other
available fund in its treasury; and
f. The court shall notify the public prosecutor of
the date of hearing therefor within twenty-four
(24) hours from the filing of the application for
release on recognizance in favor of the accused:
Provided, That such hearing shall be held not
earlier than twenty-four (24) hours nor later than
forty-eight (48) hours from the receipt of notice
by the prosecutor: Provided, further, That during
said hearing, the prosecutor shall be ready to
submit the recommendations regarding the
application made under this Act, wherein no
motion for postponement shall be entertained.
Disqualifications for Release on Recognizance. –
Any of the following circumstances shall be a valid
ground for the court to disqualify an accused from
availing of the benefits provided herein:
a. The accused bad made untruthful statements in
his/her sworn affidavit prescribed under Section
5(a);
b. The accused is a recidivist, quasi-recidivist,
habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
c. The accused had been found to have previously
escaped from legal confinement, evaded sentence
or has violated the conditions of bail or release
on recognizance without valid justification;
d. The accused had previously committed a crime
while on probation, parole or under conditional
pardon;
e. The personal circumstances of the accused or
nature of the facts surrounding his/her case
indicate the probability of flight if released on
recognizance;
f. There is a great risk that the accused may
commit another crime during the pendency of the
case; and
g. The accused has a pending criminal case which
has the same or higher penalty to the new crime
he/she is being accused of.1âwphi1
Qualifications of the Custodian of the Person
Released on Recognizance. – Except in cases of
children in conflict with the law as provided under
Republic Act No. 9344, the custodian of the person
released on recognizance must have the following
qualifications:
a. A person of good repute and probity;
b. A resident of the barangay where the applicant
resides;
c. Must not be a relative of the applicant within the
fourth degree of consanguinity or affinity; and
d. Must belong to any of the following sectors and
institutions: church, academe, social welfare,
health sector, cause-oriented groups, charitable
organizations or organizations engaged in the
rehabilitation of offenders duly accredited by the
local social welfare and development officer.
If no person in the barangay where the applicant
resides belongs to any of the sectors and institutions
listed under paragraph (d) above, the custodian of the
person released on recognizance may be from the
qualified residents of the city or municipality where
the applicant resides.
Duty of the Custodian. – The custodian shall
undertake to guarantee the appearance of the accused
whenever required by the court. The custodian shall
be required to execute an undertaking before the
court to produce the accused whenever required. The
said undertaking shall be part of the application for
recognizance. The court shall duly notify, within a
reasonable period of time, the custodian whenever the
presence of the accussed is required. A penalty of six
(6) months to two (2) years imprisonment shall be
imposed upon the custodian who failed to deliver or
produce the accused before the court, upon due
notice, without justifiable reason.
Role of the Probation Officer. – Upon release of the
person on recognizance to the custodian, the court
shall issue an order directing the Probation Office
concerned to monitor and evaluate the activities of
such person. The Probation Office concerned shall
submit a written report containing its findings and
recommendations on the activities of the person
released on recognizance on a monthly basis to
determine whether or not the conditions for his/her
release have been complied with. The prosecution
 including the private complainant, if any, shall be
given a copy of such report.
Arrest of a Person Released on Recognizance. –
The court shall order the arrest of the accused, who
shall forthwith be placed under detention, due to any
of the following circumstances:
a. If it finds meritorious a manifestation made under
oath by any person after a summary healing, giving
the accused an opportunity to be heard;
b. If the accused fails to appear at the trial or whenever
required by the abovementioned court or any other
competent court without justification, despite due
notice;
c. If the accused is the subject of a complaint for the
commission of another offense involving moral
turpitude and the public prosecutor or the mayor in
the area where the offense is committed recommends
the arrest to the court; or
d. If it is shown that the accused committed an act of
harassment such as, but not limited to, stalking,
intimidating or otherwise vexing private complainant,
prosecutor or witnesses in the case pending against
the accused: Provided, That upon the issuance by the
court of such order, the accused shall likewise
become the proper subject of a citizen’s arrest
pursuant to the Rules of Court.
No Release on Recognizance After Final Judgment
or Commencement of Sentence; Exception. – The
benefits provided under this Act shall not be allowed
in favor of an accused after the judgment has become
final or when the accused has started serving the
sentence: Provided, That this prohibition shall not
apply to an accused who is entitled to the benefits of
the Probation Law if the application for probation is
made before the convict starts serving the sentence
imposed, in which case, the court shall allow the
release on recognizance of the convict to the custody
of a qualified member of the barangay, city or
municipality where the accused actually resides.
THE INDETERMINATE SENTENCE LAW
Act No. 4103 - An act to provide for an
indeterminate sentence and parole for all persons
convicted of certain crimes by the courts
Section 1. Hereafter, in imposing a prison sentence
for an offense punished by the Revised Penal Code,
or its amendments, the court shall sentence the
accused to an indeterminate sentence the maximum
term of which shall be that which, in view of the
attending circumstances, could be properly imposed
under the rules of the said Code, and the minimum
which shall be within the range of the penalty next
lower to that prescribed by the Code for the offense;
and if the offense is punished by any other law, the
court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the
minimum shall not be less than the minimum term
prescribed by the same.
Sec. 2. This Act shall not apply to persons convicted
of offenses punished with death penalty or life-
imprisonment; to those convicted of treason,
conspiracy or proposal to commit treason; to those
convicted of misprision of treason, rebellion, sedition
or espionage; to those convicted of piracy; to those
who are habitual delinquents; to those who have
escaped from confinement or evaded sentence; to
those who having been granted conditional pardon by
the Chief Executive shall have violated the terms
thereof; to those whose maximum term of
imprisonment does not exceed one year, not to those
already sentenced by final judgment at the time of
approval of this Act, except as provided in Section 5
hereof.
Sec. 3. There is hereby created a Board of Pardons
and Parole to be composed of the Secretary of Justice
who shall be its Chairman, and four members to be
appointed by the President, with the consent of the
Commission on Appointments who shall hold office
for a term of six years: Provided, That one member of
the board shall be a trained sociologist, one a
clergyman or educator, one psychiatrist unless a
trained psychiatrist be employed by the board, and
the other members shall be persons qualified for such
work by training and experience. At least one
member of the board shall be a woman. Of the
members of the present board, two shall be
designated by the President to continue until
December thirty, nineteen hundred and sixty-six and
the other two shall continue until December thirty,
nineteen hundred and sixty-nine. In case of any
vacancy in the membership of the Board, a successor
may be appointed to serve only for the unexpired
portion of the term of the respective members.
Sec. 4. The Board of Pardons and Parole is
authorized to adopt such rules and regulations as may
be necessary for carrying out its functions and duties.
The Board is empowered to call upon any bureau,
office, branch, subdivision, agency or instrumentality
of the Government for such assistance as it may need
in connection with the performance of its functions.
A majority of all the members shall constitute a
quorum and a majority vote shall be necessary to
arrive at a decision. Any dissent from the majority
opinion shall be reduced to writing and filed with the
records of the proceedings. Each member of the
Board, including the Chairman and the Executive
Officer, shall be entitled to receive as compensation
fifty pesos for each meeting actually attended by him,
notwithstanding the provisions of Section two
hundred and fifty-nine of the Revised Administrative
Code, and in addition thereto, reimbursement of
actual and necessary traveling expenses incurred in
the performance of duties: Provided, however, That
the Board meetings will not be more than 3X a week.
Sec.  5. It shall be the duty of the Board of
Indeterminate Sentence to look into the physical,
mental and moral record of the prisoners who shall be
eligible to parole and to determine the proper time of
release of such prisoners. Whenever any prisoner
shall have served the minimum penalty imposed on
him, and it shall appear to the Board of Indeterminate
Sentence, from the reports of the prisoner's work and
conduct which may be received in accordance with
the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that
such prisoner is fitted by his training for release, that
there is a reasonable probability that such prisoner
will live and remain at liberty without violating the
law, and that such release will not be incompatible
with the welfare of society, said Board of
Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted
hereunder, authorize the release of such prisoner on
parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board.
The said Board of Indeterminate Sentence shall also
examine the records and status of prisoners who shall
have been convicted of any offense other than those
named in Sec. 2 hereof, and have been sentenced for
more than one year by final judgment prior to the
date on which this Act shall take effect, and shall
make recommendation in all such cases to the
Governor-General with regard to the parole of such
prisoners as they shall deem qualified for parole as
herein provided, after they shall have served a period
of imprisonment not less than the minimum period
for which they might have been sentenced under this
Act for the same offense.
Sec.  6. Every prisoner released from confinement on
parole by virtue of this Act shall, at such times and in
such manner as may be required by the conditions of
his parole, as may be designated by the said Board
for such purpose, report personally to such
government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for
a period of surveillance equivalent to the remaining
portion of the maximum sentence imposed upon him
or until final release and discharge by the Board of
Indeterminate Sentence as herein provided. The
officials so designated shall keep such records and
make such reports and perform such other duties
hereunder as may be required by said Board. The
limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed
by the said Board in its discretion. If during the
period of surveillance such paroled prisoner shall
show himself to be a law-abiding citizen and shall not
violate any of the laws of the Philippine Islands, the
Board of Indeterminate Sentence may issue a final
certificate of release in his favor, which shall entitle
him to final release and discharge.
Sec. 7. The Board shall file with the court which
passed judgment on the case, and with the Chief of
Constabulary, a certified copy of each order of
conditional or final release and discharge issued in
accordance with the provisions of the next preceding
two sections. 
Sec.  8. Whenever any prisoner released on parole by
virtue of this Act shall, during the period of
surveillance, violate any of the conditions of his
parole, the Board of Indeterminate Sentence may
issue an order for his re-arrest which may be served
in any part of the Philippine Islands by any police
officer. In such case the prisoner so re-arrested shall
serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison, unless the Board of
Indeterminate Sentence shall, in its discretion, grant a
new parole to the said prisoner.
Sec.  9. Nothing in this Act shall be construed to
impair or interfere with the powers of the Governor-
General as set forth in Section 64(i) of the Revised
Administrative Code or the Act of Congress
approved August 29, 1916 entitled "An Act to declare
the purpose of the people of the United States as to
the future political status of the people of the
Philippine Islands, and to provide a more autonomous
government for those Islands."
Sec. 10. Whenever any prisoner shall be released on
parole hereunder he shall be entitled to receive the
benefits provided in Section 1751 of the Revised
Administrative Code.
REVISED ADMINISTRATIVE CODE OF THE
PHILIPPINES
Section 1705 Title of Chapter - This Chapter shall
be known as the Prison Law.
Article I - Organization of Bureau: Sec. 1706 Chief
Officials of the Bureau of Prisons - The Bureau of
Prisons shall have one chief and one assistant chief,
to be known respectively as the Director of Prisons,
and the Assistant Director of Prisons.
These officers shall be supplied with furnished
quarter at the main prison and shall be allowed
laundry service and such other services as shall be
sanctioned by the Department Head.
Sec. 1707 General Jurisdiction of Bureau - The
Bureau of Prisons shall have the general supervision
and control of National Provincial prisons and of all
penal settlements and shall be charged with the
safekeeping of all prisoners confined therein or
committed to the custody of said Bureau.
Sec. 1708 Main Prison - In the main prison shall be
confined all national prisoners except as otherwise
provided by law or regulations. This prison may also
be used as a place of detention for other classes of
prisoners or for the temporary safekeeping of any
person detained upon legal process.
Sec. 1709 Iwahig Penal Colony - In the Iwahig
Reservation, in the Province of Palawan, there shall
be maintained an institution subsidiary to the main
prison, to be known as the Iwahig Penal Colony.
In this colony shall be kept such 'prisoners as may be
transferred thereto from the main prison in
accordance with regulations to be prescribed by the
Director of Prisons. The discipline of the persons
detained in this colony shall be of a reformatory and
probationary character, and the surveillance over
said colony and the colonists shall be les5 strict than
is maintained in the main prison.
Sec. 1710 Superintendent of colony - Justice of the
Peace. The Iwahig Penal Colony shall be under the
immediate supervision of a superintendent, who shall
be an "ex-officio" justice of the peace and shall,
within the limits of the colony, have the jurisdiction
and all powers conferred upon justices of the peace
by the laws of the Philippines. (No longer applicable)
Sec. 1711 Privileges based upon behavior and service
- Persons detained at the Iwahig Penal Colony shall
be known as colonists, and they may be divided Into
classes and graded according to conduct, efficiency,
and length of services and subject to such regulations
as shall be prescribed In reference thereto, they may
be granted such extra-ordinary, behavior, habits of
industry, and length of service may justify.
Sec. 1712 Fishing rights in waters adjacent to colony
- The fishing rights in the waters of the bay along the
shore line of the eastern boundary of the lwahig Penal
Colony, Island of Palawan, for a distance seaward of
one and one-quarter statute miles are reserved for the
exclusive use of the government, for the subsistence
and maintenance of the colonists, the prison officials
and their families In said colony, and such pardoned
or released colonists as may continue to reside
therein.
Sec. 1713 Assignment of land and Implements to
colonists - Any colonist detained at the Iwahig Penal
Colony may be provisionally granted a suitable plot
of land within the reservation for the purpose of
cultivating and improving the same, and may be
furnished with such tools, Implements, and
agricultural supplies as may be deemed necessary for
the proper cultivation of said land.
Sec. 1714. Families of colonists - The Iwahig
Colonists may, subject to the regulations of the
Bureau governing the colony, be allowed to have
their wives, children, and women to whom they are to
be married, transported to the colony at government
expense and to have their families live on the
reservation. Such privilege may, In any case, be
revoked at any time by order of the superintendent of
the colony, with the approval of the Director of
prisons. All members of the families of colonists
living on the reservation shall be subject to the
regulations governing the colony.
Sec. 1715 Clothing and household supplies for
Colonist's families. In addition to the subsistence for
colonists wives and children herein above
authorized, the superintendent of the colony may
furnish a special reward to such colonists as In the
opinion may merit the same, reasonable amount of
clothing and ordinary household supplies to be paid
out of the regular appropriation for the maintenance
of the Iwahig Penal Colony. Sources 01 this character
may also be made by way of loan, subject to
repayment if the financial condition of the colonial at
a later date should warrant.
Sec. 1716 participation of colonists in proceeds of
products - Products grown, manufactured, or
otherwise produced by the colonists may be sold
under the supervision of the superintendent; and
subject to such regulations as may be prescribed In
reference thereto, the persons producing the same
may be allowed such part of the proceeds thereof as
shall be approved by the Department Head.
Sec. 1717 Monthly allowance in cash - Colonists
occupying positions of special trust may, with the
approval of title Department Head, be granted a
monthly allowance In cash, not exceed five pesos, or
an equivalent amount of supplies from the general
store, to be paid for from the regular appropriation for
contingent expenses of the Iwahig Penal Colony.

Sec. 1718 Right of released colonists 10 remain in
colony - on the expiration of the sentence of any
colonist he may, subject to the regulation, is allowed
to continue to reside upon the reservation and to
cultivate land and occupy a house to be designated
and selected by the superintendent of the colony.
Sec. 1719 Supply store for Iwahig Penal Colony -
The Director of Prisons, with the approval of the
Department Head, shall establish and maintain a
general store for sale of merchandise which may be
required by the residents of the settlement, and for the
purpose to purchase of produce which, under
authority from the Department Head, colonists
residing at the settlement may dispose of their own
profit. Colony product may be sold to others than
residents of the settlement should there be more to be
disposed' of than is required for the use of the colony
and the main prisons.
The supply store fund shall be reimbursable, the
receipts from the business of the supply store being
available for the payment of the cost of supply and
other expenses incident to the conduct of said store,
without reappropriation.
Sec. 1720 San Ramon Penal Farm - A penal farm
shall be maintained at San Ramon, in the Province of
Zamboanga, for the confinement of national prisoners
and such other prisoners as may be remitted thereto
in' accordance with law.
The Director of Prisons shall have authority to
designated the superintendent of the San Ramon
Penal Farm as a summary court officer, by whom
members of the San Ramon Penal Farm guard may
be tried for violation of the regulations governing the
same for willful or neglectful waste, loss .or
destruction of arm, ammunitions or accouterments,
for disobedience or disrespect toward their superior
officers, absence from quarters or duty without leave,
drunkenness, abandonment of employment without
having secured proper release, willful violation or
neglect of duty, or misconduct to the prejudice of
good order and discipline. The punishment which
may be imposed by this summary court shall not
exceed the forfeiture on one month's pay, or
discharge. (Sections 1721 and 1722 are obsolete)
Article II - Prison Regime in General
Sec. 1723 Detail of prisoners to public works. The
President of the Philippines may, from time to time,
detail national prisoners to work in any part of the
Philippines upon any public work not within the
purview of section one thousand seven hundred and
twenty-seven hereof; and the Department Head shall
fix the terms and conditions upon which any branch
of the Government may receive the labor of such
national prisoners. .
Sec. 1723 Detail of prisoners to public works. The
President of the Philippines may, from time to time,
detail national prisoners to work in any part of the
Philippines upon any public work not within the
purview of section one thousand seven hundred and
twenty-seven hereof; and the Department Head shall
fix the terms and conditions upon which any branch
of the Government may receive the labor of such
national prisoners.
Sec. 1724 Regulations of Bureau of Prisons - The
regulations of the Bureau of Prisons shall contain
such rules as well best promote discipline In all
national and provincial prisons and penal Institutions
and best secure the reformation and safe custody of
prisoners of all classes.
Sec. 1725 Duty 0 f prison authorities to enforce
sanitary orders of Director of Health - The Officers in
charge of all prisons, penal settlements, jails, and
other places of confinement shall comply and cause
to be executed all sanitary orders, and put into force
all sanitary regulations Issued by the Director of
Health for their several institutions.
Sec. 1726 Mode of treatment of prisoners. Prisoners
shall be treated with humanity. Juvenile prisoners
shall be kept, if the jail will admit of It, in apartments
separate from those containing prisoners of more than
eighteen years of age; and the different sexes shall be
kept, apart. The visits of parents and friends who
desire to exert a moral influence over prisoners shall
at all reasonable times be permitted under proper
regulations.
Sec. 1727 Liability of prisoners to labor - All
convicted, able bodied, male prisoners not over sixty
years of age, may be compelled to work in and about
prisons, jails public buildings, grounds, roads and
other public works of the National Government the
province, or the municipalities, under general
regulations to be prescribed by the Director of
Prisons, with the approval of the Department Head.
Persons detained on civil process or confined for
contempt of court and persons detained pending a
determination of their appeals may be compelled to
police their cells and to perform such other labor as
may be deemed necessary for hygienic or sanitary
reasons. .
Sec. 1728 Assignment of women to work - Convicted
female prisoners may be assigned to work suitable to
their age, sex, and physical condition.
Article III
Sec. 1729 Provincial Jail - A jail for the safekeeping
of prisoners shall be maintained at the capital of each
province; and in the absence of special provisions all
expenses incident to the maintenance thereof and of
maintaining prisoners therein be borne by the
province.
Sec. 1730 Visitation and inspection of provincial jails
- The Judge of the Court of First Instance and the
Provincial Board shall, as often as the Judge of the
Court of First Instance is required to hold court in the
province make personal inspection of the provincial
jail as to the sufficiency thereof for the safekeeping
and reformation of prisoners, their proper
accommodation and health, and shall inquire into the
manner in which the same has been kept since the last
inspection. A report of such visitation shall be
submitted to the Secretary of Justice, who shall
forward the same or a copy thereof to the Director of
Prisons. Once during each month the senior Inspector
of Constabulary in the province shall visit the
provincial jail and make report upon its condition to
the Director of Prisons.
Sec. 1731 Provincial governor as keeper of jail - The
governor of the province shall be charged with the
keeping of the provincial jail and it shall be his duty
to administer the same In accordance with law and
the regulations prescribed for the government of
provincial prisons. The Immediate custody and
supervision of the jail may be committed to the care
of a Jailer to be appointed by the provincial governor.
The position of jailer shall be regarded as within the
unclassified civil service but may be filled in the
manner In which classified positions are filled, and if
so filled, the appointee shall be entitled to all the
benefits and privileges of classified employee, except
that he shall hold office only during the term of office
of the appointing governor and until a successor in
the office of jailer is appointed and qualified, unless
sooner separated.
The provincial governor shall, under the direction of
the provincial board and at the expense of the
province, supply proper food and clothing for the
prisoners, though the provincial board may, In Its
discretion, let the contract for the feeding of the
prisoners, to some other person.
Sec. 1732 Amount of allowance for feeding of
prisoners - The ordinary allowance to be made by the
provincial board for the feeding of prisoners by the
governor of the province or such other person as may
have the contract therefore shall, in case of persons
arrested on criminal process, not exceed twenty
centavos each per day, but the provincial board may
more when necessary to the proper maintenance of
the prisoners.
The compensation for the support of a prisoner
arrested on civil process shall be at the rate of forty
centavos per day, to be advanced weekly to the jailer
by the plaintiff in the civil process, and to be taxable
as cots.
Sec. 1733 Record of prisoners to be kept by jailer -
The governor or the jailer appointed by him, shall
keep a true and exact record of all prisoners
committed to the provincial prisoners awaiting trial
before the Court of First instance obtained in any
municipal jail of the province which record shall
contain the names of all persons who are committed,
their place abode, the time of commitment, the cause
of their commitment; the authority that committed
them, and the description of their persons, and when
any prisoner is liberated such calendar shall state the
time when and the authority by which such liberation
took place; If any prisoner shall escape, shall state
particularly the time and manner of escape; if any
prisoner dies, the date and cause of his death shall be
entered on the record.
Sec. 1734 Submission of record to court - At the
opening of each term of Court of First Instance
within his province, the governor shall return a copy
of each record under his name to the judge of each
court; and if the same be not forthcoming, it shall b
the duty of the judge to require its production under
penalty of contempt.
Sec. 1735 Transfer of custody of jail to Constabulary
Officer, in an province in which, in the opinion of the
President, the provincial jail is not guarded, shall
have authority by executive order to direct that the
senior Constabulary Officer of such province shall
take custody of the jail under the supervision of the
provincial governor and guard the prisoners therein,
using for this purpose members of the Philippine
Constabulary as jail guards.
Such action shall in no wise alter the liability of the
province for the expenses incident to the maintenance
of prisoners or the keeping repair, and construction
of the jail; but the payment and subsistence of the
Constabulary guard shall be at the expense of the
Constabulary.
Sec. 1736 Preservation of documents relating to
confinement of prisoners - All warrants and
documents of any kind, or attested copies thereof
which a prisoner is committed or liberated, shall be
regularly indorsed, flied and kept in a suitable box by
such governor or by his deputy acting as jailer, and
such box, with its contents, shall be delivered to the
successor of the officer having charged of the
prisoner. When a prisoner is confined by virtue of
any process directed to the governor or sheriff and
which shall require to be returned to the court
whence it issued, such governor or sheriff shall keep
a copy of the same, duly certified by said governor or
sheriff, shall be presumptive evidence of his right to
retain such prisoner in his custody.
Sec. 1737 Transfer of prisoners to jail of neighboring
province - In case there should be no jail in any
province or in case a provincial jail of any province
be insecure or Insufficient for the accommodation of
all provincial prisoners, it shall be duty of the
provincial board to make arrangements for the
safekeeping of the prisoners of the province with the
provincial board of same neighboring province in the
jail of such neighboring province, and when such
arrangement has been made it shall be the duty of the
officer having custody of the prisoner to commit him
to the jail of such neighboring province, and he shall
be there detained with the same legal effect as though
confined in the jail of the province where the offense
for which he was arrested was committed.
Sec. 1738 Use of jail for detention of fugitive from
justice - Any provincial jail may be used for the
safekeeping of any fugitive from justice from any
province, and the jailer shall In such case be entitled
to receive the same compensation for the support and
custody of such fugitive from justice as Is provided
for other prisoners to be paid by the officer
demanding the custody of the prisoner, who shall be
reimbursed or such outlay as a part of the costs of the
prosecution:
Article IV - Status of Prisoners
Sec. 1739 Persons deemed to be municipal prisoners
- The following persons are to be considered
municipal prisoners:
(a) Persons detained or sentenced for violation of
municipal or city ordinances.
(b) Persons detained pending trial before justices of
peach or before municipal courts.
(c) Persons detained by order of a justice of the
peace or judge of municipal court pending
preliminary investigation of the crime charged,
until the court shall remand them to the Court of
First Instance.
(d) Amended by Presidential Decree No. 29 (max.
sentence of 6 mos.)
Sec. 1740 Persons deemed to be provincial prisoners
- The following persons, not being municipal
prisoners shall be considered provincial prisoners:
(a) Persons detained pending preliminary
investigation before the Court of First Instance.
(b) Amended by P.D. 29 - (Max. sentence of 3 yrs.)
Sec. 1741 National prisoners - Prisoners who are
neither municipal or provincial prisoners shall be
considered national prisoners, among whom .hall be
reckoned, any event, all persons sentenced for
violation of the Customs Law or other law within the
jurisdiction of the Bureau of Customs or enforceable
by it, and for violation of the Election Law.
Sec. 1742 Confinement of Provincial prisoners in
municipal jails - When the sentence of a provincial
prisoner does not exceed three months, the provincial
board may authorize his confinement during such
period in a municipal jail If In the judgment of said
board the public interest will be served thereby.
Provincial boards, may, also with tile approval of the
Secretary of the Interior, direct the confinement of
persons detained pending preliminary investigation
before a judge of the Court of First Instance in the
jail of the municipality where such investigation or
trial is to be held, if no provincial Jail be located
therein.
Sec. 1743 Confinement of municipal prisoners in
provincial jail Provincial boards may, with the
approval of the President, direct the confinement of
municipal prisoners in provincial jails when by
reason of the lack, inadequacy, or when in their
Judgment such confinement would best serve the
public interest.
Sec. 1744 Expense of maintenance - Except as
otherwise specifically provided the expense of the
maintenance of prisons shall be borne as follows;
regardless of the place of confinement: in the base of
a municipal prisoner, by the city or municipality in
which the offense with which the prisoner is charged
or of which he stands convicted WBS committed; in
the case of a provincial prisoner, by the province in
which the offense was committed; and in '.he case of
the national prisoners, by the Bureau of Prisons. .
Sec. 1745 Status of prisoners as affected by parole,
allowance of good behavior, etc. - The provision of
law relative to paroles, conditional pardons, and the
diminution of sentences for good behavior shall not
be construed to change the original status of prisoners
or to affect liability for their maintenance.
Sec. 1746 Status of prisoner as affected by appeal -
Pending an appeal, the status of a prisoner shall not
be changed, and whenever upon appeal to, or review
by, higher court, the status or a prisoners, as herein
before fixed, shall be changed by an increase or
diminution of his sentence, the responsibility of the
National Government or the provinces or
municipalities, as the case may be, for the
maintenance of such prisoner due to such change in
sentence shall take effect from the date of judgment
of the higher court and shall not be retroactive,
Sec. 1747 Transportation expenses payable by
municipality - All actual and necessary expenses
incurred In the transportation and guarding and
subsistence of prisoners during transportation, from
municipal jails to provincial jails, except the expenses
of the Constabulary escorts, if any shall be paid from
the funds of the proper municipality.
Sec. 1746 Transportation expenses payable by
province - All actual and necessary expenses incurred
in the transportation, and guarding and subsistence,
during transportation, of national prisoners from
provincial Jails to a National Prison, reformatory, or
national penal institution, except the expenses of the
Constabulary escort, if any there be, shall be borne by
the proper province.
Sec. 1749 Return transportation to be borne by
Bureau of prisons - The return transportation of all
discharged national prisoners from their place of
confinement to their homes shall be paid out of the
appropriation for the Bureau of Prisons, except as
otherwise specially provided.
The expense of the transportation, guarding,
subsistence, care, and maintenance of any prisoner
transferred to any national prison or penal
institution, or returned to any province for trial or
for appearance as a witness or otherwise hereunder
shall be a charge against the treasury of the province
from which he was transferred, and the amount of
said expenses shall be fixed by the Department Head,
with the approval of the President of the. Philippines.
Sec. 1751 Transportation and clothes for released
prisoners - Upon the release of a national prisoner he
shall be supplied by the Bureau of Prisons with
transportation to his home, including a gratuity to
cover the probable cost of subsistence enroute, and if
necessary, a suit of clothes of the value of not more
than ten pesos, or In case the prisoner is deported, of
not more than forty pesos.
NACOCOW – refers to National Correctional
Consciousness Week by virtue of Presidential
Proclamation No. 551 dated March 15, 1995,
celebrated every last week of October of every year.
R.A. 10575 – An Act Strengthening the Bureau of
Corrections (BuCor) and providing Funds Therefor,”
otherwise known as the Bureau of Corrections Act of
2013. (New BuCor law)

Sec. 1750 Transfer of prisoners from provincial or

municipal jail to national prison or vice-versa -
When, in the discretion of the President of the
Philippines, the unsanitary or insecure condition of
any provincial or municipal jail makes it advisable or
when the public Interest require, he may transfer to
any national prison or penal institution all or any of
the prisoners committed to such jail, and may also
direct the institution all or any of the prisoners to
provincial or municipal jails when deemed expedient.
The President of the Philippines may also, whenever
in his opinion it will be to the best interest of the
province or municipality concerned, authorize the
confinement of any prisoner sentenced to less than
three months Imprisonment, Including subsidiary
imprisonment, in the jail of the municipality wherein
the prisoner may have been convicted. The order of
commitment of such prisoners, together with the copy
of the order directing their transfer, shall accompany
the prisoners and be delivered with them to the
officer in charge of the penal institution to which they
are sent.