Outline Corradmin

CMT Target Criminolog y Review
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PART II
1. Historical Development
2. Modern Penology
3. Philippine Corrections
i.
ii.
Legal Process and Sentencing

Correctional Process
a. Institutional
b. Non institutional
INTRODUCTION:
A. Penology: Also known as Penal Science. From the Latin
word poena meaning - pain or suffering. It is a subfield of
criminology that deals with the study of various forms of
punishments and its effects as a means of controlling human
behavior.
Sanford Bates, the first director of US Bureau of Prisons, is
widely recognized as the father of modern penology

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Goals of Penology:
1. To bring light to the ethical barriers of punishment along
with the motives and purposes of society for imposing it.
2. To make comparative study of penal laws and procedures
through history between nations.
3. To evaluate the social consequences of the policies
enforced at a given time.
B. Punishment: The redress that society takes against an
offending member that usually involves pain and suffering. It
is also the penalty imposed on an offender for a crime or
wrongdoing.
C. Corrections: In general, this refers to societys reaction to
crime and delinquency.
Perspectives in corrections:
1. As a pillar of the Criminal Justice System: it is the
branch chiefly concerned with the custody, supervision
and
rehabilitation
management.
of
offenders
through
penal

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2. As a process: it involves the reorientation of the

offender to prevent him from repeating his crime and
to inform him of the public disapproval of his acts.
D. Correctional Administration (Penal Management)
It is a division of public safety administration that deals with

the Institutional management of jails, prisons, other places of
confinement & Non-institutional supervision of probation,
parole and other unrestrictive forms of penalties.
HISTORICAL BACKRGOUND:
In ancient times, there were no written laws. Wrongs
committed against individuals are privately settled between
the victims and the offenders.
Two of the most dominant systems of corrections during then
were:
1. Lex Salica law on restitution (blood money)
i. Wergeld payment is made to the family of the
victim
ii. Freisengeld payment is made to the ruler,
king or the state

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2. Lex Taliones the law on exact revenge or fair

retaliation, based on the principle an eye for an eye, a
tooth for a tooth.
Early societies were paternalistic. Power and influence were
concentrated on one or few men, usually elders, which also
gave way to the emergence of tribal leaders, fiefdoms,
kingdoms and eventually to empires.
As power increasingly became centralized, the city-states
started to intervene in the imposition of penalties in order to
stop the effects of prolonged blood-feuds, personal vendettas
and private revenge. The imposition of punishment started to
become
public,
although
private
punishments
remain
widespread and popular.

Those who refuse to submit to the authority of the rulers are
removed from their protection by banishment, outlawry,
outcast, expulsion or exiled from society.
Among the first recorded form of punishment in the Holy
Bible is the banishment of Adam and Eve from Eden.
EARLY CODES:
As
society
progressed
further
and
earlier
civilizations
became more and more complex, it became necessary to

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codify the acts proscribed or forbidden and to specify a

penalty for each.
The early codifications of penalties were contained in the
following, among others:
i. Sumerian Code
ii. Hammurabic Code
iii. Code of Draco
iv. Burgundian Code
v. Justinian Code
RELIGIOUS INFLUENCES:
During the time of Constantine, the influence of religion over
secular states increased. The practices of sanctuary and
benefit of the clergy were recognized religious exemptions to
the imposition of punishment. The distinctions between
religious laws and secular laws became blurred. And the
various forms of corporal punishments encouraged by the
Catholic Church during the Inquisition were adopted by
States.
Examples of these corporal punishments are:
1. Trial by Ordeal
2. Whipping (Cat O Nine Tails)
3. Torture
4. Burning at the Stake
5. Castration

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6. Maiming
7. Dismembering
8. Disembowelment
9. Decapitation
10.
Hanging
Less severe punishments were also resorted for public

humiliation, such as:
1. Pillory
2. Ducking stool
3. Branding
4. Tattooing
5. Mutilation
6. Scarlet letter A for convicted adulteress
EMERGENCE OF SECULAR FORMS OF PUNISHMENTS:

Fighting for the separation of the Church and State, Sir
Thomas More was executed upon the order of the Vatican as
a heretic and an anti-Christ for his belief that the secular
should be distinguished from the religious and the temporal
should be separated from the spiritual.
St. Augustine and St. Thomas Aquinas, echoed the appeal of
More by distinguishing between:
1. Lex Divina Divine Laws
2. Lex Naturalis Natural Laws
3. Lex Humana Human Laws

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St. Thomas Aquinas argued that Human laws are valid if it is

not contrary to Divine Laws and Natural Laws.
Note that under Sec. 6, Art. II of the 1987 Constitution, the
separation of the Church and the State is expressedly made
inviolable
in
the
Philippines.
The
use
of
torture,
incommunicado, and other inhumane form of punishments

are also
expressedly prohibited today.
HISTORICAL EVOLUTION OF PUNISHMENTS:

It is interesting to note that there are still several forms of
ancient punishments practiced even today. Take a long look
at the lists below and you might be surprised: death, which is
commonly believed as a modern form of punishment, actually
had its roots in antiquity.
I. Ancient Forms of Punishments:
1. Death affected by burning, beheading, hanging,
breaking at the wheels and other forms of medieval
executions.
2. Torture affected by maiming, mutilation, whipping
and other inhumane or barbaric forms of inflicting pain.
3. Social Degradation by open display at pillory or the
stocks, public humiliation or shaming.

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4. Banishment or Exile the sending or putting away of

an offender such as destierro
5. Other similar forms of punishment like Lynching
(mob justice), slavery, etc.
6. Revenge punishment can be meted by personal
vendetta or group vengeance
7. Restitution payment of fines
II. Modern Forms of Punishments:
1. Incarceration putting the offender in prison for the
purpose of protecting the public against criminal
activities and at the same time rehabilitating the
prisoners by requiring the, to undergo institutional
treatment programs.
2. Parole a conditional relase of a prisoner after
serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life
under the guidance and supervision of a parole officer.
3. Probation a disposition whereby a defendant after
conviction of an offense, the penalty of which does not
exceed six years imprisonment, is released subject to
the conditions imposed by the releasing court and
under the supervision of a probation officer.
III. Emerging Forms of Punishments:
1. House arrest

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2. Intermediate sentence
Furlough
Day fine
Boot camps
Shock incarceration
Halfway houses
Stocks and the Pillory (In medieval England)
DEVELOPMENT OF PRISONS
In ancient times, offenders are imprisoned by throwing them
to dungeons, dens or abandoned mines.

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Incarceration is a form of incapacitation, the offenders

freedom of movement is restricted for public defense.
One of the earliest known prisons is the Mamertine,
constructed on the main sewers of Rome, at 64 BC.
In England, convicts were housed in gaols (predecessor of

the word jail) whose latin root is cavea meaning cave or
cavity. Gaols were operated by gaolers who receive
payment for their services.
When gaols became overcrowded, England started the
practice of Transportation sending prisoners to different
colonies abroad in long narrow ships called galleys.
While awaiting transportation to different penal colonies,
inmates may be held in hulks a decommissioned man-ofwar (navy ships).
PRISON REFORM
John Howard, the Sheriff of Bedfordshire, England in 1773,
spent his fortunes on Prison Reforms after he discovered the
sordid state of English gaols. He described it as a human
cesspool where bad people end up even worse. The stench of
unwashed persons, human excrements, sores and varmint

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mix together to conjure the smell of hell on earth. His puritan

ethics compelled him to travel across the world to find ways
to improve prison conditions in England. Ironically, he died of
prison fever (typhoid) in Ukraine.
John Howard was influenced by two reformatories, namely:
1. Maison D Force (House of Force) Ghent, Belgium
administered by a strict but humane disciplinarian
named John-Jaques Vilain to house beggars who are
physically fit to work and other misfits; and
2. Hospice de San Michel (Hospital of St. Michael)
Rome,
Italy
administered
by
Nuns
to
house
delinquent boys and girl and incorporates

religious instruction to its program. This is known as
the worlds first juvenile correctional facility, it is still
operational up to this day.
The reforms introduced by Howard in turn influenced
Elizabeth Gurney Fry, a middle class Quaker, to initiate prowomen prison reforms such as segregation of the sexes,
abolition of death penalty for women, and appointment of
female guards for female inmates. In the United States, a
parallel development for children took place with the efforts
of the child savers Jane Addams and Julia Lathrop of the
National
Congress
of
Mothers
and
Settlement
House

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Movement for the creation of a separate juvenile justice and

correctional system for minor offenders.
THE INFLUENCE OF THE CLASSICAL SCHOOL AND THE
ENLIGHTENMENT PHILOSOPHERS:
1. Charles Montesiquieu (Charles Louis Secondat, Baron de
la Brede et de Montesiquieu), (1689- 1755) - 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 is a better
means of preventing crime.
2. Voltaire (Francois Marie Arouet) (1694- 1778) - 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
3. Denise Diderot, (October 5, 1713 July 31, 1784) France Encyclopedistic knowledge.
4. John Locke, (29 August 1632 28 October 1704) - Father
of Liberalism. He followed up on the works of Francis Bacon
on Social Contract.
5. Cesar Bonesa, Marchese de Beccaria (1738-1794) - He
wrote An Essay on Crimes and Punishment, in which he
outlined the harshness of the existing legal systems of his
days and proposed the humanization of laws.

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One of the most influential writers of his time, Beccaria

objected to judicial tyranny and injustice, as well as torture.
Beccarias work, Tratto dei delitti e delle pene (An Essay on
Crimes and Punishments) contained the basic principles of
the classical school of penology.
These include:
(1) The better approach is crime prevention and
prevention is maximized by establishing written legal
codes that define prohibited behaviors and imposing
punishments for them;
(2) Law serves the needs of society rather than
enforces morality and therefore should be limited to
the most serious offenses;
(3) All persons should be considered innocent until
proven guilty;
(4) Punishment should be swift, severe, certain and
applies equally to all, regardless of social standing; and
(5) Punishment should be retributive and the degree of
retribution should fit the seriousness of the crime.
6. Jeremy Bentham (1748-1832) In An Introduction to the
Principles and Morals of Legislation (1789), Bentham applied

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his philosophy of utilitarianism to crime and punishment.

Bentham believed that criminals engage in crime for pleasure
and calculate the gains and losses (or pleasures and pains)
associated with criminal conduct. He argued that a utilitarian
philosophy of punishment would be useful in deterring
crimes by minimizing or eliminating the pleasures offenders
obtain
from
wrongdoing.
Bentham
proposed
that
the
punishment inflicted should offset the pleasure offenders

achieve from their crimes. He also
believed that people would be more effectively deterred from
crime if they did not consider punishments arbitrary and
capricious. Many of Benthams ideas were adopted by the
British
legislature,
including
the
limitation
of
capital
punishment to only the most serious crimes.

A leader in the reform of English law through utilitarian
ethics.
He devised the Panopticon, consisting of a large
circular building with multiple cells surrounding a central

periphery to allow constant observation from the center. It
was the worlds first attempt at constructing a structure
designed
specifically
to
modify
human
behavior.
Unfortunately, it was never built during his lifetime. But the

Panopticon helped paved the way for the creation of large
monolithic prison structures that were virtually unknown
during these times. The Eastern Penitentiary of Pennsylvania
and The New York State Prison in Auburn were based on the
design philosophy of the Panopticon although they differ in
their programs.

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Cross-Section of the Original Panopticon as envisioned by

Bentham
Floor Plan of the Original Panopticon as envisioned by

Bentham

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Early Prison based on the Panopticon

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Modern prison based on the Panopticon
EMERGENCE OF 2 RIVAL PRISON SYSTEMS BASED ON

THE PANOPTICON:
I. Pennsylvania System
William Penn, the leader of Quakers, and main proponent of
The Great Law, introduced the concept of prison as a place of
penitence in the United States by requiring inmates to read
religious literatures. He favored abolition of death penalty
and humane treatment of prisoners. He influenced two of
Americas
founding
members
of
the
Declaration
of
Independence, Benjamin Franklin and Benjamin Rush.

William Penns penal reform philosophy was carried on after
his death by Dr. Benjamin Rush. Rush believed that
punishment had three legitimate purposes:
(1) to reform offenders,
(2) to prevent them from committing future
crimes,
&
(3) to remove them from society temporarily
until
they developed a repentant attitude (penitence).

A system of separating prisoners and enforcing silence at all
time was adopted first in the Eastern Penitentiary at
Pittsbugh in 1818, and then in the Western Penitentiary in

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Philadelphia in 1929 (also known as the New Pennsylvania

System). At around this time, Prisons began to be known as
Penitentiaries.
II. Auburn System

In New York State Prison at Auburn, a new prison system
that allows inmates to interact with each other at daytime
while remaining separated at night was devised. This system
rivals that of Pennsylvania and is known as the Auburn
System (Congregate System).
Basically, most prisons built after this period follows the
more popular Auburn design philosophy, such as The Singsing Prison, The Elmira Reformatory, The Walnut Street Jail,
etc.
III. Forms of Prison Control and Discipline Common to the

Two Systems:
1. Hard Labor productive works.
2. Deprivation deprivation of everything except the
essentials of existence.
3. Monotony giving the same food that is off diet,
or requiring the prisoners to perform drab or boring
daily routine.

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4. Uniformity we treat the prisoners alike the fault

of one is the fault of all.
5. Mass movement mass living in cellblocks, mass
eating, mass recreation, mass bathing.
6. Degradation uttering insulting words or languages
on the part of prison staff to the prisoners to degrade
or break the confidence of prisoners.
7. Corporal Punishment imposing physical pain or
suffering to force or intimidate a delinquent inmate.
8. Isolation or Solitary Confinement limited contact or
communication.
THE REFORMATORY MOVEMENT

Europe:
In addition to the Maison de Force and Hospice of San
Michel, there were other reformatories all over the European
continent. Reformatories usually take the form of penal farms
or workhouses (popularly known in England as Bridewells
named after the former residence of King Henry VIII that was
transformed into a prison to house Londons misfits &
riffraff). The most notable contributors to the development of
reformatories were:
1. Manuel Montesimos The Director of Prisons in Valencia
Spain (1835) divided prisoners into companies and appointed

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certain prisoners as petty officers in charge which allowed

good behavior to prepare the convict for gradual release.
2. Domets of France established an agricultural colony for
delinquent boys in 1839 providing housefathers as in charge
of these boys.
United States of America:

1. Sir Evelyn Ruggles Brise The Director of the English
Prison
who
opened
the
Borstal
Institution
for
young
offenders. It is considered as the best reform institution for

youthful offenders today.
2.
Zebulon
Brockway
The
Director
of
the
Elmira
Reformatory in New York (1876) who introduced certain

innovations like: training school type compulsory education
of prisoners, casework methods, extensive use of parole &
indeterminate
sentence.
Because
of
this,
Elmira
is
recognized forerunner of all modern prisons.

3. In 1870, Enoch C. Wines led the founding of the National
Prison
Association
along
with
Zebulon
Brockway
in
Cincinnati, USA, adopting the reformatory philosophies of

prison reformers Capt. Alexander Maconochie of Australia &
Sir Walter Crofton of Ireland (To be discussed Later).

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Under the leadership of Zebulon Brockway, a still more

revolutionary application of true reform movement emerged
in 1876 for younger & first offenders by establishing the
Elmira Reformatory in the State of New York. It marked the
beginning or modern penology with the development of
prison as a reformatory.
PROBLEMS OF OVERPOPULATION:
Earlier in England, prisoners were transported to new
colonies such as Australia, New Zealand, South Africa, India
and others. When the United States gained independence for
the English Crown, the practice of transportation halted.
As prison population grew, it became imperative to establish
more prisons that can house large inmate population. This
prompted the construction of more Panopticon based prisons
other than the Pennsylvania and the Auburn.
Jails presumably continued its traditional role of confining
persons awaiting trial & sentence.
However, judges found
that jails are a readily accessible place for the punishment of

less serious offenders.
Two important areas of concern in prison population control:

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1. Design capacity refers to the number of inmates that the

facility was originally designed to accommodate.
2. Operational capacity refers to the actual number of
inmates during actual operation of the facility. Almost always,
the operational capacity is far more than the design capacity.
While the design capacity usually depends on the total land
area of a prison, design capacity may be multiplied by
construction of multi-storey prisons, use of double-decked
beds for single cells, judicious designation of common places
for congregate purposes such as mess halls, outdoor
recreational facilities, etc. etc.
Worth mentioning is how much prison space should be
allocated for a single inmate without compromising the
quality of prison treatment program, custodial supervision,
inmate/staff security and comfort? How does a poorly
planned prison design affect prison management?
Bear in mind that prison security is a form of reverse
industrial security management. In industrial security, you
prevent unauthorized access to sensitive places. Dangerous
people should be kept out. On the other hand, prison security
prevents
unauthorized
escape:
here,
dangerous
people
should be kept in and while inside be reformed as much as

possible. In this aspect, the efficiency of prison or jail
management is measured not only by their ability to merely
maintain physical custody over prisoners or detainees but
more importantly on their ability to reform the offenders

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under their charge and responsibility. Do you believe the

BuCor or the BJMP are effective on this area?
Modern Approaches in Prison Overpopulation:

1. Null Strategy: Population growth in prison is never
permanent but will disappear the moment the convict
completed his sentence. Prisons will naturally become
congested as more people commit crime. Increase or
decrease in prison population are always temporary.
2. Construction Strategy: Priority is given to building
new facilities to meet any increase in the demand for
prison space.
3. Population Reduction Strategy: Uses revolving door
policies
by
diverting
minor
offenders
to
non-
imprisonment like community service, restitution, fines,

probation, and where imprisonment is necessary, by
getting offenders out of the prison as early as possible
through as parole, pardon, commutation, etc.
4. Selective Incapacitation Strategy: Imprisonment
should be focused on individuals whose incarceration
will
do
the
imprisonment
most
for
to
reduce
career
crime,
criminals
i.e.
&
imprisonment for minor first time offenders.
longer
shorter

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5.
Population
Sensitive
Flow
Control
Strategy:
Sentencing should be based on availability of prison

space
&
management
staff.
Policies
should
be
developed to allow the release of prisoners when

facilities become overcrowded and staffs are greatly
outnumbered to manage inmates. Courts should be
assigned a limited amount of prison space (quota) so
that judges and prosecutors make careful decisions to
prosecute major crimes only.
6. Integrated Approach: Prison population can be best
managed by combining all, rather than focusing on one
strategy. Prison administration must be given sufficient
discretion to select the most appropriate solution to
short term, mid-term and long term correctional goals.
PRISONIZATION:
Prisonization
is
the
adoption
by
the
inmate
of
the
subcultures, norms and folkways existing within prison

institutions. It begins from the moment a convict enters the
penitentiary. The exposure to subcultures existing within the
walls of prisons may lead to its acceptance or dominance by a
receptive or resistant convict.
According to Charles W. Thomas, prisoners have a past, a
present and a future. All of these are related to Prisonization.

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New inmates face two social systems that are competing with
one another once inside prison, namely:
1. Formal Organization composed of prison staff and
support
system.
resocialization
Their
main
(rehabilitation)
priority
efforts,
is
in
the
custody
and
control.
2. Informal Organization composed of prison and inmate
gangs and. Their attention is in Prisonization, freedom
and self reliance.
Because these two social system conflicts, if the other

succeed, the other must fail.
Factors Affecting Prisonization:
1. Pre-prison experience
2. Accuracy of conviction because if an innocent person
is wrongfully accused and convicted, he may develop
anger towards the system.
3. Expectations of Staff and Inmates
4. Quality of contacts between inmate and Formal (prison
staff) or Informal organizations (Prison gangs).
5. Quality of contacts between inmates and persons
outside prisons (i.e. family, friends, etc.)
6. Post-prison expectations
7. Immediate adjustment problems

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The
greater
the
degree
of
similarity
between
prison
subculture and original culture of the new inmate, the higher

the degree of prisonization. Inmates from the lower class are
more likely to be prisonized and have a very poor post-prison
prospects. Those who have higher degree of contact with
outside groups through regular visitation of family and
friends have the lowest degree of prisonization and have a
better post-prison expectations.
Some violent prison gangs America:

1. Aryan nation
2. Crips
3. Bloods
4. Mara Salvatchura (MS 23)
5. Other Latino and Asian prison gngs
Some violent prison gangs the Philippines:
1. Sige-Sige Sputnic: formerly headed by Marcial Baby
Ama from Cavite
a. Batang City Jail (BCJ)
b. Samahang Ilocandia (SI)
2. Oxo: Formerly headed by Primitivo Ebok Ala from
Leyte
a. Batang Samar-Leyte (BSL)
b. Batang Cebu .45 (BC 45)
c. Batang Mindanao (BM)

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3. Commando Group
a. Former
policemen,
soldiers,
RAM,
SFP-YOU,
Guardians & govt. assets

The rivalry between Sige-sige of Baby Ama and OXO of
Primitivo Ala led to the bloodiest prison riots in Muntinlupa
in the 1070s. They were both meted the penalty of death by
electrocution. Ama died, but Ala was given a second chance
when the first lady reportedly intervened for her provincemate Ala.
Models of Prisonization:
1. Deprivation Model proposed by Gresham Sykes.
Believes that prison subculture is a unique subculture
that results from the attempt of inmates to adapt to the
deprivations imposed by incarceration.
2. Importation Model led by John Irwin & Donald
Cressey. Believes that the inmate subculture is a
combination of several types of subcultures that exist
outside prison and are imported by offenders when
they enter.

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3. Complementary Model Leo Carroll maintained that

both Deprivation and Importation models should not be
seen as opposites but as parallel models.
4. Integrated Model Ronald A. Akers and his colleagues
have taken the position that the Deprivation and
Importation models are both important for explaining
Prisonization.
5. Functional/Adaptation Model The inmate subculture
varies
by
whatever
differences
in
organizational
environment there are from one prison to another.

6. Relative Deprivation Model Holds that no prison can
truly be a total institution because both inmates and
prison personnel are influenced by whatever happens
outside the prison.
PHILIPPINE CORRECTIONS
Our study of Corrections will be un-cerebral unless we have a
clear understanding of the Legal process that leads towards
the Correctional process.
In this part, we will first revisit the following:
1. Legal process;

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2. Constitutional limitations;
3. Juridical conditions for a valid of penalty;
4. Justification for punishment (Punishment Philosophies);
5. Application of Penalties; and
6. Remedies for wrongful imprisonment.
On the later part will proceed with the history and mechanics
of penal administration starting with:
1. International settings; and
2. Philippine settings
THE LEGAL PROCESS:
In brief, correction is the last of several steps in the
administration of criminal justice which begins from the
moment that a crime is committed.
Admittedly, not all violations of law are punished. This is true
in the Philippines and elsewhere. In order for the legal
process to reach its final conclusion, the crime must be
detected, investigated, prosecuted, tried and adjudicated.
Here it is clear that the strength of our criminal justice
system is directly proportional to the sum of its parts. If any
of its pillars fail, the entire system may go down with it. For
this reason, the system itself must permit reinvestigations,
reconsiderations, re-trail, direct or collateral attacks for
wrongful convictions, appeals, etc. These are the main
characteristics of an adversarial system.

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We will avoid the academic temptation to go through a full

length
discussion
of
Criminal
Law,
Procedure
&
Jurisprudence here; that topic is complex enough to warrant

another volume of Critical Coaching in Criminology in the
future. Suffice it to say that where the judgment of the Court
after trial is one of conviction, corrections follows as a legal
and logical consequence.
JUSTIFICATION FOR PUNISHMENTS (Punishment

Philosophies):
1. Retribution Based on the concept of revenge.
Offenders should be punished because they deserve it.
2. Restitution or Indemnification 3. Expiation or Atonement Punishment in the form of
group vengeance is necessary to appease the offended
feelings.
4. Deterrence or Exemplarity Punishment gives lesson
to the offender and to others of the consequences of
crime.
5. Incapacitation or Protection The public will be
protected if the offender is held in conditions where he
cannot harm others.
6. Reformation or Rehabilitation Societys interest can
be better served by helping the prisoner become a law
abiding and productive citizen upon his return to the
community.

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JURIDICAL CONDITIONS FOR A VALID PENALTY:

1. Legal must be in accordance with the law. (Art. 21,
RPC).
2. Correctional penalty must teach a lesson to the
offender and to others.
3. Productive of human suffering imposition of penalty
must produce positive results
to
society
without
affecting the integrity of human dignity.

4. Commensurate with the offense different offenses
must be punished with different penalties, taking into
consideration the gravity of the crime and the presence
of any mitigating or aggravating circumstances.
5. Personal no person should be made to suffer for the
crimes of another.
6. Equal applies to all persons similarly situated (People
v. Hon. Vera, G. R. No. 45685, 16 Nov. 1937).
7. Certain no one must escape its effects.
8. Definite or Specific the penalty must not be vague
(People v. Hon. Dacuycuy, G.R. No. L-45127, 5 May
1989, En Banc).
CONSTITUTIONAL LIMITATIONS:
The Constitution is the fundamental law by for which any
other laws will be measured and tested. It is the ultimate

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yardstick for determining the validity of all acts, orders,

circulars or memoranda, whether official or unofficial.
Constitutional law fixes the limits of governmental powers
and
guarantees
certain
liberties
to
individuals.
These
liberties may be forfeited if abused, such as by violation of

penal laws, but only after due process. It is not an
overstatement to state that under this general scheme of
justice, even the devil himself is presumed innocent, unless
proven otherwise. This is a necessary step towards the
humanization of laws a recognition that even the most
perfect legal system may be tainted with the imperfections of
men. Dura lex sed lex must be tempered with the caution
that it is better to set ten guilty persons free than to
condemn an innocent one with imprisonment.
One will find various provisions under the 1987 Constitution
that affects the administration of criminal justice and
corrections. The most important are the Bill of Rights found
in Art. III because these are self executing provisions that
requires no enabling legislation. In Art. II and elsewhere in
the 1987 Constitution, various general principles affecting
the administration of criminal justice and corrections can
also
be
found
but
these
are
generally
dormant
and
unenforceable unless Congress enacts the necessary laws to

awaken them.
Article II Declaration of Principles and State Policies:

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1. The state values the dignity of every human person

and guarantees full respect for human rights (Sec 11).
2. The State recognizes the vital role of the youth in
nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social wellbeing. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs (Sec. 13).
3. The State recognizes and promotes the rights of
indigenous cultural communities within the framework
of national unity and development (Sec. 22).
Article III Bill of Rights:

1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws (Sec.
1 & Sec. 14, Par. 1).
2. The privacy of communication and correspondence
shall be inviolable except upon lawful order of the
court,
or
when
public
safety
or
order
otherwise, as prescribed by law (Sec. 3, Par. 1).
requires

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3. The liberty of abode and of changing the same within

the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of
national security, public safety, or public health, as may
be provided by law (Sec. 6).
4. Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to
any person by reason of poverty (Sec. 11).
5. No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall be
used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are
prohibited (Sec. 12, Par. 2)
6. The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to the
rehabilitation of victims of torture or similar practices,
and their families (Sec. 12, Par. 4)
7. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as
may be provided by law. The right to bail shall not be
impaired even when the privilege of the writ of habeas

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corpus is suspended. Excessive bail shall not be

required (Sec. 13).
8. The privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or rebellion,
when the public safety requires it (Sec. 15).
9. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasijudicial, or administrative bodies (Sec. 16).
10. No person shall be detained solely by reason of his
political beliefs and aspirations (Sec. 18, Par. 1).
11. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the party
shall have been duly convicted Sec. 18, Par. 2).
12. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for compelling
reasons
involving
heinous
crimes,
the
Congress
hereafter provides for it. Any death penalty already

imposed shall be reduced to reclusion perpetua (Sec.
19, Par. 1)
13. The employment of physical, psychological, or
degrading punishment against any prisoner or detainee
or the use of substandard or inadequate penal facilities

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under subhuman conditions shall be dealt with by law.

(Sec. 19, Par. 2)
14. No person shall be imprisoned for debt or nonpayment of a poll tax (Sec. 20).
15. No ex post facto law or bill of attainder shall be
enacted (Sec. 22).
II. THE SENTENCING PROCESS

Where an accused is found guilty of an offense, he is
generally liable to two entities - the State and the Individual.
In cases of victimless crimes, there are no private offended
parties either because the victim is a willing participant as in
the case of prostitution or the offender himself is his own
victim as in the case of alcoholism.
Liability to the State results to any or all of these:
a) Imprisonment
b) Fines
c) Cost of the proceedings
d) Subsidiary imprisonment in case of insolvency
Liability to the individual results to any or all of these:

a) Restitution
b) Reparation

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c) Indemnification
This dichotomy in penal liability had its roots in the ancient
practice of lex salica which we have discussed briefly in the
earlier chapters of this book.
APPLICATION OF PENALTIES:
Art. 25. Penalties which may be imposed. The penalties
which may be imposed according to this Code, and their
different classes, are those included in the following:
1. Capital punishment:
Death (Suspended by RA 9346)
2. Afflictive penalties:
Reclusion perpetua,
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
3. Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
4. Light penalties:
Arresto menor

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Public censure
5. Penalties common to the three preceding classes:
Fine and
Bond to keep the peace
Art. 24. Measures of prevention or safety which are nor

considered penalties. The following shall not be considered
as penalties:
1. The arrest and temporary detention of accused persons, as
well as their detention by reason of insanity or imbecility, or
illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions
mentioned in Article 80 and for the purposes specified
therein.
3. Suspension from the employment of public office during
the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise
of their administrative disciplinary powers, superior officials
may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil
laws may establish in penal form.
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89 of the Revised Penal Code states that criminal liability
is totally extinguished by:

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1. Death of the convict, as to the personal penalties and as

to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final
judgment.
2. Service of the sentence;
3. Amnesty, which completely extinguishes the penalty
and all its effects;
4. Absolute pardon;
5. Prescription of the crime;
6. Prescription of the penalty;
7. Marriage of the offended woman, as provided in Article
344 RPC
Death
Mors solviit omnia death dissolves all things. Where
death occurs before conviction, the following legal
consequences follow:
1. Cessation of civil personality
2.
Dissolution
of
marriage
(in
case
of
married
individuals).
3. His properties, real or personal, are transmitted to
his heirs.
4. His civil liability passes to the heirs up to the extent
of their inheritance.

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Art. 90. Prescription of crime.

1. Crimes punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty years.
2. Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
3. Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arresto mayor, which shall prescribe in
five years.
4. The crime of libel or other similar offenses shall
prescribe in one year.
5. The crime of oral defamation and slander by deed shall
prescribe in six months.
6. Light offenses prescribe in two months.
7. When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the
application of the rules contained in the first, second
and third paragraphs of this article.
Art. 91. Computation of prescription of offenses. The

period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the
filing of the complaint or information, and shall commence to
run again when such proceedings terminate without the

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accused being convicted or acquitted, or are unjustifiably

stopped for any reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
Art. 92. When and how penalties prescribe. The penalties

imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
Art. 93. Computation of the prescription of penalties. The

period of prescription of penalties shall commence to run
from the date when the culprit should evade the service of
his sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to some
foreign
country
with
which
this
Government
has
no
extradition treaty, or should commit another crime before the

expiration of the period of prescription.

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Act No. 3326(as amended by Act No. 3585, Nov. 27, 1929 and
Act No. 3763, Nov. 23, 1930), Periods of prescription for
violations of Special laws and Local ordinances:
i. For offenses punished by fines
1 year
ii. 1 month to 2 years imprisonment
4 years
iii. 2 years to 6 years imprisonment
8 years
iv. more than 6 years imprisonment
12 years
v. Tax evasion
5 years
vi. Municipal ordinances
2 months
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Art. 94. 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
serving his sentence.
Other means of partial extinction of criminal liability:

i. Preventive imprisonment (Art. 29)
ii. Conditional Pardon (Art. 95)

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iii. Commutation of sentence (Art. 96)

iv. Good conduct allowances (Art. 97)
v. Loyalty allowances (Art. 98)
vi. Special conduct & workmanship allowance (Act
2489)
vii. Probation (PD 968)
viii. Parole (RA 4103)
Art. 29. Period of preventive imprisonment deducted from

term of imprisonment. Offenders 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 to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted
previously twice or more times of any crime; and
2. When upon being summoned for the execution of
their sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with four-fifths of
the
time
during
which
he
has
undergone
preventive
imprisonment. (As amended by Republic Act 6127, June 17,

1970).

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Whenever
an
accused
has
undergone
preventive
imprisonment for a period equal to or more than the possible

maximum imprisonment of the offense charged to which he
may be sentenced and his case is not yet terminated, he shall
be
released
immediately
without
prejudice
to
the
continuation of the trial thereof or the proceeding on appeal,

if the same is under review. In case the maximum penalty to
which the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive imprisonment.
(As amended by E.O. No. 214, July 10, 1988).
Art. 95. Obligation incurred by person granted conditional

pardon. Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with
the
conditions
imposed
therein
otherwise,
his
non-
compliance with any of the conditions specified shall result in

the revocation of the pardon and the provisions of Article 159
shall be applied to him.
Art.
96.
Effect
of
commutation
of
sentence.
The
commutation of the original sentence for another of a

different length and nature shall have the legal effect of
substituting the latter in the place of the former.

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Art. 97. Allowance for good conduct. The good conduct of

any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he
shall be allowed a deduction of five days for each
month of good behavior;
2. During the third to the fifth year, inclusive, of his

imprisonment, he shall be allowed a deduction of eight
days for each month of good behavior;
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior;
and
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
fifteen days for each month of good behavior.
Art. 98. Special time allowance for loyalty. A deduction of

one-fifth of the period of his sentence shall be granted to any
prisoner who, having evaded the service of his sentence
under the circumstances mentioned in Article 58 of this
Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe to in said article.

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Art. 99. Who grants time allowances. Whenever lawfully

justified, the Director of Prisons shall grant allowances for
good conduct. Such allowances once granted shall not be
revoked.
Act No. 2489 Special conduct and workmanship allowance
REMEDIES FOR WRONGFUL IMPRISONMENT:

1. Provisional:
Bail
Cash Bond
Surety Bond
Property Bond
Recognizance
Motion for Reconsideration
Motion for New Trial
Temporary Restraining Order
Injunctions
Regional Trial Court
Court of Appeals
Supreme Court
2. Main Actions:
Ordinary Appeals under Rule 128

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Special Civil Actions under Rule 65

Certiorari
Prohibition
Mandamus
Writ of Habeas Corpus
III. THE CORRECTIONAL PROCESS

1. Classification is the process of determining the most
appropriate
treatment
program
suitable
to
an
individual prisoner.
2.
Segregation
is
the
principle
of
separating
homogenous type of prisoners that requires special

treatment & custody such as minors, women, the old &
the sick.
3.
Diversification
providing
varied
programs
and
is
an
and
physical
administrative
flexible
plants
device
types
of
for
more
of
treatment
effective
custody, security and control of its clients.

4. Reintegration is a process of gradually giving
inmates greater freedom and responsibility during the
last years of confinement and move them into a halfway
house,
work
release
programs,
or
community
correctional center before release so that he can

resume of a normal life once release.

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MODELS OF PENAL MANAGEMENT:

1. Control Model: Emphasizes institutionally imposed
discipline, obedience, work, training & education.
2.
Responsibility
Model:
Involves
minimal
administrative control on inmate behavior. Proper

classification of prisoners, according to this model,
permits placing prisoners in least restrictive prisons
consistent with safe, secure, and humane confinement.
Prisoners should be given a significant degree of
freedom and be held to account for their own actions
3. Custodial Model: Based on the assumption that
prisoners has been incarcerated for the protection
society & for the purpose in incapacitation, deterrence
& retribution. It emphasizes maintenance, security and
order through the subordination of the prisoner to the
authority of the warden. Discipline is strictly applied &
most aspect of behavior is regulated.
4. Rehabilitation Model: Security & house keeping
activities are viewed primarily as a framework for
rehabilitation. Professional treatment specialist, enjoys
a higher status than the employees, in accordance with

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the idea that all aspect of prison management should

be directed towards rehabilitation.
5. Reintegration Model: Linked to the structures and
goals of community corrections but has direct impact
on prison operations. Although on offender is confined
in
prison,
that
experience
is
pointed
towards
reintegration into mainstream 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.
6. Total Institution Model: The prison is a place of
residence and work where a large number of likesituated individuals are cut off from wider society for
an appreciable period of time, lead an enclosed,
formally administered round of 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

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bars must be lived in accordance with the rules as

enforced by the staff.
NON INSTITUTIONAL CORRECTIONS:

PROBATION
The term probation came from the latin word probare
which means to prove. The convict on probation must
prove that he deserves a second chance. It began in the
United States in 1841 when a Boston shoemaker named John
Augustus started interceding with the courts to suspend the
sentence of youthful offenders and alcoholics and place them
in his charge. It grew out of several practices of suspending
sentences called sursis in French, which was actually a
form of royal clemency. These practices may have developed
out of earlier devices such as sanctuary, benefit of the clergy,
judicial reprieve, bail, recognizance, or for good behavior, all
of which was designed to mitigate the severity of the criminal
law.
About 1870, Fr. Cook, also of Boston, became interested in
youth who were tried before the courts and whose cases
were due to circumstances rather than to character. After
investigating each case and finding the offenders unhardened
and still susceptible to reform, he made himself available to
the court as adviser to these offenders. Judges realized the

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importance of his work in reform of the young criminals, so

that they placed convicted young offenders under his charge.
In 1878, a law was finally passed providing for the
appointment of a probation officer fort Boston. An ex-chief of
police, Edward H. Savage, was named probation officer, thus
becoming the first probation officer employed by the
government.
Philippine Probation
The first probation law in the Philippines was Act 4221 but
this was declared unconstitutional by the Supreme Court in
the case of People v. Hon. Vera, 37 O.G. 164, on the ground
that it violates the principle of equality.
PD 968 was passed during martial law by Pres. Marcos,
based on the draft of Assemblyman Teudulo Natividad,
considered as the father of Philippine probation.
Probation is only available once and this may be availed only
where the convict has not perfected an appeal.
Probation shall be denied if the court finds:

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That the offender is in need of correctional treatment that

can be provided most effectively by his commitment to an
institution.
That there is undue risk that during the period of probation
the offender will commit another crime; or
Probation will depreciate the seriousness of the crime
Persons Disqualified to Apply for Probation:

sentenced to serve a maximum term of imprisonment of more
than six years;
convicted of any offense against the security of the State;
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;
who have been once on probation under the provisions of this
Decree; and
who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to
Section 33 hereof.
Mandatory conditions:

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The convict must report to the Probation Officer (PO)

designated in the court order approving his application for
Probation within72 hours from receipt of Notice of such
order approving; and
The convict, as a probationer, must report to the PO at least
once a month during period of probation unless sooner
required by the PO.
Discretionary conditions:
The trial court which approved the application for probation
may impose any condition which may be constructive to the
correction of the offender, provided the same would not
violate the constitutional rights of the offender and subject to
this restrictions:
The conditions imposed should not be unduly restrictive of
the probationer, and
Such condition should not be incompatible with the freedom
of conscience of the probationer.
Essential elements of probation:

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a. A post sentence investigation report which will serve as

the informational basis for the courts decision to grant or
deny probation.
b. The conditional suspension of execution of sentence by the
court
c. Conditions of probation imposed by the court to protect
public safety and to foster the rehabilitation and reformation
of the probationer
d. Supervision, guidance and assistance of the offender by
the probation officer.
Benefits of Probation:
A. Probation protects society:
1. from the excessive cost of detention
2. from the high rate of recidivism of detained offenders
B. Probation protects the victim:
1. It provided restitution
2. It preserves justice
C. Probation protects the family:
1. It does not deprive the wife and the children of husband
and father
2. It maintains the unity of the home
D. Probation assist the government :
1. It reduces the population of prisons and jail

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2. It lessens the clogging of courts

3. It lightens the load of prosecutors
E. Probations helps the offender:
1. It maintains his earning power
2. It provided rehabilitation in community
3. It restores his dignity
F. Probation justifies the philosophy of men:
1. That life is sacred
2. That all men deserve a second time
3. That individual can change
4. That society has a moral obligation to lift the fall
ADVANTAGES OF PROBATION:
a. Probation prevents crime by offering freedom and aid only
to those offenders who are not likely to assault society again.
b. It protects society by placing under close supervision on
dangerous
offenders
while
undergoing
treatment
and
rehabilitation in the community.

c. It confirms with modern humanistic trends in penology.
d. It prevents youthful or first offenders from turning into
hardened criminals.
e. It is a measure of outing enormous expense in maintaining
jails.
f. It reduces recidivism and overcrowding in jails and prison.
g. It reduces the burden of feeding and guarding prisoners.

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h. It gives first time and minor offenders a second lease in life

and provides an opportunity for the reformation of a penitent
offender.
i. It restores to successful probationer his civil rights.
j. It has been proven effective in developing countries that
have adopted it.
k. It is advocated by United Nations and its various
congresses in crime prevention and treatment of offenders.
PAROLE
The term parole was first used by Dr. S. G. Hawe in an 1846
letter to the Prison Association of New York, referring to the
early release of a prisoner who has earned sufficient number
of good time credits. Its root word is the French parle
which means word, and places an inmate to honor his word
that he will not commit further crimes and shall bind himself
to the conditions of his early release once granted liberty.
The practice is distinctly European, unlike probation, which
is of American origin. The predecessor of parole can be
traced back to the systems first established by the following
pioneers:
1. Alexander Mocanochie Superintendent of the penal
colony at Norfolk Island in Australia (1840) who introduced
the Mark System - a system in which a prisoner is required
to earn a number of marks based on proper department,

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labor and study in order to entitle him for a ticket of leave or

conditional release which is similar to parole.
2. Sir Walter Crofton Director of the Irish Prison in 1854

who introduced the Irish system that was modified from the
Mocanochies mark system (this system instituted by Crofton
helped in the creation of the Elmira Reformatory in 1876).
DETERMINATE
SENTENCE
VS.
INDETERMINATE
SENTECE
The development of Parole marked the decline of
determinate sentencing which is characterized by flat
prison terms without possibility of early release.
In indeterminate sentencing, the prisoner may earn
an early release by observing good conduct and other
time allowances in his favor, thus placing the offender
directly
responsible
for
his
early
release
by
encouraging him to exert personal effort towards his

correction and reformation.
Parole in the Philippine Settings:

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Under Ra 4103 (The Indeterminate Sentence Law), a

qualified inmate may apply for parole upon reaching
the minimum term of his sentence which is either 1
degree lower than the maximum term (for violations of
RPC) or any of the periods within the range of the
imposable penalty (if punished by SPLs). Thus, the
following terms are important in ISLAW:
1. Maximum Term the Penalty that can be properly
imposed under the Law; and
2. Minimum Term One degree lower, in any of its

period, if punishable by the Revised Penal Code. Or
within the range prescribed by law, if punishable by
Special Laws.
After serving the minimum term, a convict becomes
eligible to APPLY for parole. Parole is only a privilege.
It is not a demandable right. However once granted, it
cannot be revoked unless for cause. In this limited
sense, parole becomes a vested right.
Persons disqualified to apply for Parole:
1. Persons convicted of offense punishable with death
penalty or life imprisonment.

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2. Persons convicted of treason, conspiracy or proposal to

commit treason.
3. Persons convicted of imprison of treason, rebellion,
sedition, espionage;
4. Persons convicted of piracy;
5. Persons who are habitual delinquents;
6. Persons who shall have escaped from confinement or
evaded sentence;
7. Those who have been granted conditional pardon by
the Chief Executive and shall have violated the term
thereto;
8. Those whose maximum term of imprisonment does not
exceed 1 year, but not to those already sentenced by
final
judgment
at
the
time
of
the
approval
of
Indeterminate Sentence Law.
PHILIPPINE CORRECTIONS
In the Philippines, tribal traditions, customs and
practices pervaded during the Pre-Hispanic period.
There were also laws that were written which includes
the Code of Kalantiao promulgated in 1433 the most
extensive
and
severe
law
that
describes
harsh
punishment, and the Maragtas Code of Datu Sumakwel.

Meanwhile, Roman law extended its influence to most
of continental Europe including France, Portugal &

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Spain. When Spain discovered the New World, they

implemented
their
own
laws
to
the
conquered
territories which includes the Philippine archipelago.
The Spanish Codigo Civil became effective in the

Philippines on December 7, 1889. The Spanish Codigo
Penal was also in effect until it was superseded by the
Revised Penal Code on January 1, 1932.
Basically, Spanish laws are Roman or Civil in character,
meaning they are written and codified. In contrast,
English Common laws are unwritten.
Today, the laws governing Philippine corrections are the

following:
1. The 1987 Constitution
2. Act 3815 The Revised Penal Code
3. Various Special Laws
4. EO 292 The Revised Administrative Code
5. RA 9263
6. RA 9346
What is a PRISON?

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1. It is penitentiary, an institution for the imprisonment

(incarceration) of persons convicted of major/serious
crimes.
2. A building, usually with cells, or other places
established for the purpose of taking safe custody or
confinement of criminals.
3. A place of confinement for those for those charged
with or convicted of offenses against the laws of the
land.
Who is a PRISONER?
A prisoner is a person who is under the custody of
lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court,
may be deprived of his liberty or freedom.
A prisoner is any person detained/ confined in jail or
prison for the commission of a criminal offense or
convicted and serving in a penal institution.
General Classification of Prisoners

1. Prisoners on safekeeping: includes non-criminal
offenders who are detained in order to protect the
community against their harmful behavior. Ex. Mentally
deranged individuals, insane person.

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2.
Detention
Prisoner:
detained
for
investigation,
preliminary hearing or awaiting trial. A detainee in a

look up jail. These prisoners are under the custodial
jurisdiction of law enforcement agencies.
3. Sentenced Prisoners: committed to the jail or prison
in order to serve time upon conviction by competent
court.
They
are
prisoners
under
the
custodial
jurisdiction of penal institutions.
Classification of Sentenced Prisoners:

1. Municipal Prisoners sentenced to suffer 1 day to 6
months imprisonment or trial for their cases is pending
with the MTC.
2. Provincial Prisoners sentenced to suffer 6 months
and 1 day to 3 years imprisonment or a fine of not more
than 1,000 pesos, or both; or those detained therein
waiting for preliminary investigation of their cases
cognizable by the RTC.
3. City Prisoners sentenced to suffer 1 day to 3 years
imprisonment or a fine of not more than 1,000 pesos or
both. Those detained therein whose cases are filed with
the MTC. Those detained therein whose cases are
cognizable
by
investigation.
the
RTC
and
under
Preliminary

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4. Insular or National Prisoners sentenced to 3 years

and 1 day to life imprisonment, whether or not
conviction is under appeal.
Classification of Prisoners According to Degree of Security:

1. Maximum Security Prisoners:
It is the group of prisoners whose escape could be
dangerous in the public or to the security of the state.
It consists of constant troublemakers but not as
dangerous as the super maximum-security prisoners.
Their movements are restricted and they are not
allowed to work outside the institution but rather
assigned
to
industrial
shops
with
in
the
prison
compound. They are confined at the Maximum Security

Prison (NBP Main Building), they wear orange color of
uniform. Prisoners includes those sentence ed to serve
sentence 20 years or more, or those whose sentenced
are under the review of the Supreme Court. And
offenders who are criminally insane having severe
personality or emotional disorders that make them
dangerous to fellow offenders or staff members.
2. Medium Security Prisoners

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Those who cannot be trusted in open conditions and

pose lesser danger than maximum-security prisoners in
case they escape. It consists of groups of prisoners who
maybe allowed working outside the fence or walls of
the penal institution under guards or with escorts. They
occupy
the
Medium
Security
Prison
(Camp
Sampaguita) and they wear blue color of uniforms.

Generally, they are employed as agricultural workers. It
includes prisoners whose minimum sentence is less
than 20 years and life-sentenced prisoners who served
at least 10 years inside a maximum-security prison.
3. Minimum Security Prisoners
It is a group of prisoners who can be reasonably
trusted to serve sentence under open conditions. This
group includes prisoners who can be trusted to report
to their work assignments without the presence of
guard. They occupy the Minimum Security Prison
(Camp Bukang Liwayway) and wear brown color
uniforms.
THE BUREAU OF CORRECTIONS
Formerly the Bureau of Prisons. It was renamed to Bureau of

Corrections
by
virtue
of
EO
292
during
the
Aquino

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Administration, as amended by Pres. Proc. 495 on Nov. 22,

1989. The head of the bureau of Corrections is the Director
of Prisons who is appointed by the President with the
confirmation of the Commission of Appointments.
As a Bureau of the Department of Justice, it has general
supervision
and
control
of
all
national
prisons
or
penitentiaries. It is charged with the safekeeping of all

insular prisoners confined therein or committed to the
custody of the Bureau.
1. National Bilibid Prisons ( Muntinlupa, Rizal)
i. New Bilibid Prison (Main Building)
ii. Camp Sampaguita
iii. Camp Bukang Liwayway
2. Reception and Diagnostic Center (RDC)
3.
Correctional
Inst.
for
Women
&
Children
(Mandaluyong)
4. The Different Penal Colonies:
i.
Sablayan
Penal
Colony
and
Farm
(Occ.
Mindoro)
ii. Iwahig Penal Colony and Farm (Palawan)
iii. Davao Penal Colony and Farm (Davao)
iv.
San
Ramon
Penal
Colony
and
Farm
(Zamboanga)
v. Ilo-ilo Penal Colony and Farm (Ilo-Ilo Province)
vi. Leyte Regional Prison (Abuyog, Leyte)

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National Bilibid Prisons (Muntinlupa, Rizal)

i. New Bilibid Prison (Main Building)
ii. Camp Sampaguita
iii. Camp Bukang Liwayway
The Old Bilibid Prison was the Carcel y Presidio

Correctional.
In
1940,
this
was
transferred
to
Muntinlupa by virtue of CA 67, reserving a total of 587

hectares for the New Bilibid Prison. The main prison
compound consists of 9 hectares. The old bilibid prison
was then used to house the Bureau of Prisons and the
rest of the buildings were
transferred to the Manila
City Jail.
Correctional Inst. for Women & Children (Mandaluyong)

RA 3579 was passed in Nov. 1929, mandating the
transfer of all women inmates of the Old Bilibid Prison
to Womens Prisons (Later renamed to Correctional
Institution
for
Women)
located
at
Welfareville,
Madaluyong, Rizal. The transfer was completed on

Valentines Day, Feb. 14, 1931.
The CIW was designed to accommodate only 200
inmates but its operational capacity ballooned to more
than 1,000 at the turn of the new century.

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Iwahig Penal Colony and Farm (Palawan)

Puerto Princesa, Palawan was the designated area for
persons sentenced to banishment or exile during the
Spanish period. But it was the Americans who created
the colony when Gov. Luke Wright authorized the
creation of Iwahig on Nov. 16, 1904.
Originally comprised only of 22 acres or 9 hectares of
land, Iwahig was substantially increased with the
creation of 4 sub-colonies within it, namely:
- Central : 14,700 hectares
- Sta. Lucia : 9,685 hectares
- Montible : 8,000 hectares
- Inagawan : 13,000 hectares
Sablayan Penal Colony and Farm (Occ. Mindoro)

Established in Sept. 26, 1954 by virtue of PP 72,
reserving 16,190 hectares of land as prison farm. It
was first used in Jan. 15, 1955. It consists of 3 subcolonies, the first is where the main camp and a
protected forest area is located, the second is a coastal
area for fishing, and the third was used as a relocation
site during the 1991 Mt. Pinatubo eruption.

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Davao Penal Colony and Farm (Davao)

By virtue of Proc. 414, signed by Gov. Dwight Davis on
Oct. 7, 1931, Davao Penal Colony originally had an area
of 30,000 hectares in Panabo and Tagum. This new
prison farm was established by the Secretary of Justice
pursuant to Act 3732 on Jan. 21, 1932, authorizing the
Gov. Gen. to sell or lease parts of San Ramon and
Iwahig.
It was used by the USAFFE to house more than 1,000
captured Japanese soldiers during WWII.
San Ramon Prison and Penal Farm

Known as the oldest prison farm in the country. The
1869 Royal Decree created this prison and penal farm
in southern part of Zamboanga during the time of
Spanish Gobernador Heneral Ramon Blanco on August
21, 1870. It was destroyed during the 1898 SpanishAmerican War but was re-established by the Americans
in 1907. Because of its abundant coconuts numbering
around 75,000 trees, the Philippine Coconut Authority
took over the management of the coconut farm from
the Bureau of Prisons.

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Leyte Regional Prison

The youngest prison farm in the country. This was
established during Martial Law by virtue of PD 28 in
1972. It was intended to be the model penal farm by
First Lady Imelda R. Marcos. Because it was her
brainchild, the Cory administration abandoned it and is
now considered as among the poorest prison farm in
the country today. Political vendetta on the part of the
Aquinos prevented the realization of the LRP as the
future prison farm of the Philippines.
OTHER INFAMOUS PHILIPPINE PRISONS

1. Intramuros Prison Manila. Originally used as a fort
by the Spaniards where Dr. Jose Rizal spent some of his
last days alive before he was shot at Luneta. This was
utilized by the Americans and also during Martial Law
as jail for dissidents.
2. Fort Bonifacio Prison Located in Makati City. This

is a prison exclusive for military mutineers, civilian
rebel leaders and political prisoners. Among its former
inmates was Sen. Benigno Aquino.

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GENERAL INMATE ADMISSION PROCEDURES

1. Receiving the new prisoner is received at the RDC,
usually from provincial or city jail where he was
immediately committed upon conviction by the court,
and escorted by the escort platoon during his transfer
to the National Prison.
2. Checking of Commitment Papers the receiving officer
checks the commitment papers if they are in order.
That is, if they contain the signature of the judge or the
signature of the clerk of court, and the seal of the
court.
3. Identification the prisoners identity is established
through the picture and fingerprint appearing in the
commitment order. This is to insure that the person
being committed is the same as the person being
named in the commitment order.
4. Searching this step involves the frisking of the
prisoner and searching his personal things. Weapons
and
other
items
classified
as
contraband
are
confiscated and deposited to the property custodian.

Other properties are deposited with the trust and
officer under recording and receipts.
5. Briefing and Orientation the prisoner will be briefed
and oriented on the rules and regulations before he will
be assigned to the RDC or the quarantine unit.

(032) 515 0400
Orientation takes place with in the first few days in the

center which consists in:
1.
Giving
the
prisoners
booklet
of
rules
and
regulations and explaining the rules to them.

2. Conducting group meeting of the center to explain to
the inmates the available treatment programs and the
purposes of these treatment programs.
3. Holding sessions with the members of the Centers
staff to explain what the inmates should do in order to
profit most from their experiences.
Reception and Diagnostic Center

A special unit where new prisoners undergo diagnostic
examination, study & observation to determine the
program of treatment & training best suited to their
needs & the institution to which they will be assigned.
The RDC is composed of the following members:
1. Psychiatrist responsible in the examination of the
prisoners mental and emotional make-up.
2. Psychologist responsible to conduct study on the
character and behavior of the prisoners.

(032) 515 0400
3. Sociologist study the social case situation of the

individual prisoners.
4. Educational Counselor- conducts orientation classes
in order to change inmates attitude towards education
and recommends educational program for the prisoner.
5. Chaplain encourage the prisoner to participate in
religious activities.
7. Medical Officer conducts physical examination and
recommends medical treatment of prisoners.
8. Custodial/Correctional Officer recommends the
transfer and type of custody of inmates.
The Quarantine Cell or Unit

A section of the RDC where the prisoner is given
thorough physical examination including blood test, xrays, vaccinations & immunity in order to ensure that
the prisoner is not suffering from any contagious
disease
which
might
be
spread
to
the
prison
population.
.
JAILS
Jails may be places for holding detainees who are awaiting
trial
or investigation
of
their cases
or a
facility
for
confinement of persons who are convicted of minor offenses

or felonies that are to serve short sentences imposed upon

(032) 515 0400
them by the courts. Thus, jail may refer to any of the

following:
1. Lock-ups a secure facility, common to police
stations,
used
for
temporary
confinement
of
an
individual held for investigation.

2. Ordinary Jails the type of jail commonly used to
detain a convicted criminal offender to serve sentence
less than three years.
3. Workhouses, Jail Farms or Camp a facility that
houses medium or minimum security offenders who are
serving short sentences or those who are undergoing
constructive work programs. It provides full
employment
of
prisoners,
remedial
services
and
constructive leisure time activities.
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

The BJMP exercises supervision and control over all cities
and municipal jails throughout the country. The enactment
of
Republic
Act.
No.
9263
(The
BFP
and
BJMP
Professionalization Act of 2004, approved March 10, 2004)

reorganized the BJMP and the BFP under the Civil

(032) 515 0400
Service. It operates as a line bureau of the Department of

the Interior and Local government (DILG).
Jails as a place of confinement for convicted minor
offenders may be:
1. Provincial Jails
2. City Jails
3. Municipal Jails
They may be administered by provincial governments or
by the BJMP
Functions of the BJMP

In line with its mission, the Bureau endeavors to
perform the following:
1.
Formulate
policies
and
guidelines
on
the
administration of all districts, city and municipal jails

nationwide;
2. Formulate and implement policies for the programs
of correction, rehabilitation and treatment of offenders;
3.
Plan
the
program
funds
for
the
subsistence
allowance of offenders;
4. Conduct researches, develop and implement plans
and programs for the improvement of jail services
throughout the country.

(032) 515 0400
The BJMP is headed by a Chief with the rank of

Director, and assisted by a Deputy Chief with the Rank
of Chief Superintendent.
The Central Office is the Command and Staff HQ of the
Jail Bureau composed of 3 Command Groups, 6
Coordinating Staff divisions, 6 Special Staff Groups and
6 Personal Staff Groups.
1. Command Group Chief; Deputy Chief.
2. Coordinating Staff Groups Administrative Division;
Operation
division;
Logistics
Division;
Finance
Management Division; Research, Plans & Programs

Division; Inspection & Investigation Division.
3. Special Staff Groups General Services Unit; Health
Services Unit; Chaplain Services Unit; Community
Services Unit; Finance Services Unit; Hearing Office.
4. Personal Staff Groups Aide-de-Camp; Intelligence

Office;
Public
Information
Office;
Legal
Office;
Adjudication Office; Internal Audit.

5. Regional Office- At the Regional level, each Region
shall have a designated Assistant Regional Director for
Jail Management Penology.

(032) 515 0400
6. Provincial Level In the Provincial Level, there shall

be
designated
Provincial
Jail
Administrator
to
perform the same functions as the ARDs provincewide.
7. City & Municipal Office In the City and Municipal

level, a City or Municipal Warden shall head each jail
Recruitment, Selection, Training and Attrition System (See

RA 9263)
Administrative Groups: Take charge of all administrative
functions of the jail bureau.
1.
Personnel
Management
Branch
Assistant
of
personnel, Procedures of selection, Preparation of

personnel reports, Individual record file.
2. Records & Statistics Branch Keep and maintain
booking sheets and arrest reports, Keep an orderly
record
of
fingerprints
and
photographs,
Present/Prepare statistical data of inmates.

3. Property & Supply Branch Take charge of the
safekeeping of equipments and supplies and materials
needed for the operation of the jail.

(032) 515 0400
4. Budget & Finance Branch Take charge of all

financial
matters
such
as
budgeting,
financing,
accounting, and auditing.

5.
Mess
Service
Branch
take
charge
of
the
preparation of the daily menu, prepares and cook the

food and serve it to inmates.
6. General Service Branch Responsible for the
maintenance of the daily menu, prepares and cook the
food and serve it to inmates.
7. Mittimus Computing Branch Tasked to receive

court decisions and compute the date of the full
completion of the service of sentence of inmates.
Security Groups: Provides a system of sound custody,

security and control of inmates and their movements and also
responsible to enforce prison or jail discipline.
1. Escort Platoon is composed of the (a) Escort Section
to escort inmate upon order of any judicial body; upon
summon
of
escort;
or
transfer
to
other
penal
institutions, and (b) Subpoena Section- receives and

distribute court summons, notices, subpoenas, etc.

(032) 515 0400
2. Security Platoon a three (3) working Platoon shifts

responsible for over all security of the jail compound
including gates, guard posts and towers. They are also
responsible of the admitting and releasing unit.
Ideal Manning Ratio:
1. Escort 1:1+1
2. Custodial 1:7
Rehabilitation Group: Provides services and assistance to

prisoners and their families to enable them, to solve their
individual needs and problems arising form the prisoners
confinement.
1. Medical & Health Services Branch Provides
medical and physical examinations of inmates upon
confinement, treatment of sick inmates and conduct
medical
and
physical
examinations
and
provide
medicines or recommends for the hospitalization of

seriously ill prisoners or imamates,. It also conducts
psychiatric and psychological examinations.
2. Work & Education Therapy Services It take charge
of the job and educational programs needed for
rehabilitation
of
inmates
by
providing
them
job
incentives so they can earn and provide support for

their families while in jail.

(032) 515 0400
3. Socio-Cultural Services It takes care of the social

case work study of the individual prisoners by making
interviews,
some
visits,
referral
to
community
resources, free legal services, and liaison works for the

inmates.
4. Chaplaincy Services It takes charge of the religious
and moral upliftment of the inmates through religious
services. This branch caters to all religious sects.
5. Guidance & Counseling Services Responsible for
the individual and group counseling activities to help
inmates solve their individual problems and to help
them live a wholesome and constructive life.

(032) 515 0400

(032) 515 0400
Note: Iloilo Prison is formerly administered by the provincial

government but it was turned over to the BJMP, not the
BUCOR.

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CMT Target Criminolog y Review

(032) 515 0400

Legal Process and Sentencing

CMT Target Criminolog y Review

CMT Target Criminolog y Review

2. As a process: it involves the reorientation of the

It is a division of public safety administration that deals with

CMT Target Criminolog y Review

2. Lex Taliones the law on exact revenge or fair

widespread and popular.

became more and more complex, it became necessary to

CMT Target Criminolog y Review

codify the acts proscribed or forbidden and to specify a

CMT Target Criminolog y Review

Less severe punishments were also resorted for public

EMERGENCE OF SECULAR FORMS OF PUNISHMENTS:

CMT Target Criminolog y Review

St. Thomas Aquinas argued that Human laws are valid if it is

incommunicado, and other inhumane form of punishments

expressedly prohibited today.

HISTORICAL EVOLUTION OF PUNISHMENTS:

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4. Banishment or Exile the sending or putting away of

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Stocks and the Pillory (In medieval England)

CMT Target Criminolog y Review

Incarceration is a form of incapacitation, the offenders

In England, convicts were housed in gaols (predecessor of

CMT Target Criminolog y Review

mix together to conjure the smell of hell on earth. His puritan

delinquent boys and girl and incorporates

CMT Target Criminolog y Review

Movement for the creation of a separate juvenile justice and

CMT Target Criminolog y Review

One of the most influential writers of his time, Beccaria

CMT Target Criminolog y Review

his philosophy of utilitarianism to crime and punishment.

punishment inflicted should offset the pleasure offenders

punishment to only the most serious crimes.

He devised the Panopticon, consisting of a large

circular building with multiple cells surrounding a central

Unfortunately, it was never built during his lifetime. But the

CMT Target Criminolog y Review

Cross-Section of the Original Panopticon as envisioned by

Floor Plan of the Original Panopticon as envisioned by

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Early Prison based on the Panopticon

CMT Target Criminolog y Review

Modern prison based on the Panopticon

EMERGENCE OF 2 RIVAL PRISON SYSTEMS BASED ON

Independence, Benjamin Franklin and Benjamin Rush.

they developed a repentant attitude (penitence).

CMT Target Criminolog y Review

Philadelphia in 1929 (also known as the New Pennsylvania

II. Auburn System

III. Forms of Prison Control and Discipline Common to the

CMT Target Criminolog y Review

4. Uniformity we treat the prisoners alike the fault

THE REFORMATORY MOVEMENT

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certain prisoners as petty officers in charge which allowed

United States of America:

offenders. It is considered as the best reform institution for