Professional Documents
Culture Documents
INTRODUCTION
PENOLOGY
- the study of punishment of crime.
- a branch of Criminology dealing with prison management, and the
deterrence and reformatory treatment of criminals.
SOURCES OF THE TERM PENOLOGY:
a. Peno was derived from Greek word piono and from the Latin word poena,
both terms mean punishment.
b. Logy was from the Latin word logos, meaning science.
c. Penology distinguish from Penitentiary Science- Penology deals with the
various means of fighting crimes as regards to penalties and other measures of
security, while Penitentiary Science is limited only to the study of penalties dealing
with deprivation of liberty.
The Golden Age of Penology
- the period from 1870 to 1880 was considered the golden age of penology
because of the following significant events:
1870- the National prisons Association organized in Cincinnati, Ohio.
1872- the First International Congress was held at London w/c established
the International Penal and Penitentiary Commission; 1875- its headquarters
was established at Hague, Netherlands.
1876- the Elmira Reformatory was established in New York.
the First separate institution for women were established in Indiana and
Massachusetts.
DIVISIONS OF CRIMINOLGY:
1. Sociology of Law is an attempt at scientific analysis of the conditions under
w/c criminal laws develop and w/c is seldom included in the book of
criminology.
2. Criminal Etiology is an attempt of scientific analysis of the causes of
crimes.
3. Penology is concerned with the control of crime.
The very purpose or reason why society has to punish a criminal is to secure
justice. The state has to protect its existence, assess what is right for the people
based on moral principles, which vindicated. The giving of punishment, which is
exercised by society, is the fulfillment of service and satisfaction of a duty to the
people it protects.
PENALTY- it is the suffering that is inflicted by the state for the transgression
of law.
PUNISHMENT- an instrument of public justice.
a. It is inflicted by the group in its corporate capacity upon one who is regarded
as a member of the same group.
b. Punishment involves pain or suffering produced by designed and justified by
some value that the suffering is assumed to have.
THEORIES OF JUSTIFICATION OF PENALTIES:
1. Prevention. The state must punish the criminal to prevent or suppress the
danger to the state arising from the criminal acts of the offender.
2. Self-defense. The state has the right to punish the criminal as a measure of
self-defense so as to protect society from the threat and wrong action
inflicted by the criminal.
3. Reformation. The object of punishment in criminal case is to correct and
reform the offender.
4. Exemplarity. The criminal is punished to serve as an example to others to
deter from committing the crime.
5. Justice. That the 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.
6. Retribution. Personal vengeance
7. Expiation or Atonement. It is advocated during the pre-historic age. It is
the execution of punishment visibly or publicly for the purpose of appeasing a
social group.
8. Deterrence. Cesare Becarria, the exponent of the Classical Theory
contended that punishment is to prevent others in committing a crime.
CONSTITUTIONAL RESTRICTIONS OF PENALTIES
Sec. 21, Art. IV, 1973 Constitution of the Philippines. Directs that excessive
fines shall not be imposed, nor be cruel and unusual punishment inflicted.
ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS
Natural Law. This originated from God (natural law) to enforce the law that laid
down in His infinite wisdom and power. He also prescribed the penalty or
punishment.
Banishment/ distierro. The first penalty or punishment prescribed by God to
Adam and Eve when they disobey His order which made them as the first criminals.
Retribution/ Personal vengeance/ Revenge.
The most common ancient justification of punishment, and this is called the
Law of Vendetta.
The Code of Hammurabi. The oldest written penal law in Babylonia in 1750 that
stopped the ancient practice of retribution or personal vengeance and punishment
became the responsibility of the state. This code of laws was a compilation of the
laws of the Semetic tribes, and was written on stone. It instituted the law of the
Talon (Les Taliones) w/c means that the state would mete out punishment equally,
as an eye for an eye or a tooth for a tooth.
PUNISHMENT IN PRIMITIVE SOCIETY
Most common Punishments.
1. Death
a. Crucifixion
b. Beheading
c. Hanging
d. Impaling
e. Drowning
f. Burning
2. Physical torture
a. Flogging
b. Dismemberment and starvation
c. Public humiliation
d. Stocks
e. Pillory
f. Docking tools
g. Branding and banks
h. Mutilation
3. Imprisonment
a. Confinement in dungeons, galleys, hulks, jails, houses of
corrections, work houses and penitentiaries.
4. Fines and forfeiture of property
CAPITAL PUNISHMENT. It is the infliction of death penalty upon a person
who committed a serious crime.
CORPORAL PUNISHMENT. It is the infliction of physical pain upon a
convicted criminal.
.
The death sentence shall be executed by lethal Injection as provided under
Republic Act No. 8177, which was approved on March 20, 1996.
The death sentence shall be carried out not earlier than one (1) year nor later
than 18months after the judgments becomes final and executor. Provided, that the
Supreme Court who does the review of the case in which death penalty was
imposed have reach a vote of eight (8) Justices as provided under Republic Act No.
296. Otherwise death penalty shall not be imposed. The convicted felon will be
given a penalty of reclusion perpetua.
In all cases where the death sentence has become final, the records of the
cases shall be forwarded to the office of the President for possible exercise of the
pardoning power.
Death Penalty shall not be imposed if:
1. When the guilty person is more than 70 years of age;
2. When upon appeal or automatic review of the case by the Supreme Court,
the required votes is not obtained for imposing the death penalty;
3. When the convict is a minor under under 18 years of age
Death Penalty shall be suspended when the convict is a:
1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;;
3. Person over 70 years of age
CRIMINOLOGICAL THEORIES
MODERN THEORIES OF CAUSES OF CRIME INCLUDE:
Biological/ physical theories- suggest empherical, deductive and inductive
process of observing scientifically analyzing human behavior thru biological
influences of the environment as the igniting factors.
Physiological/ psychiatric factors- suggest that crimes are the results of
physiological imbalances as well as psychiatric maladaptiveness.
Crime and social organization stress that crime persists within social
organizations because this is the actual social contact of men of different behavior,
that to deal and please one another is extremely impossible.
Crime and social process- propose that societal institutionalization of rules seeks
to control the behavior of the society. This is referred to us, deviant process, may
fall under the legal definition of crime, offense or felony.
1. CLASSICAL THEORY- Stresses on the crime and not on the person or
criminal offender. In this approach, punishment, which is retributive and
punitive, is standardized and proportioned to the gravity and nature of the
offense. It assumes that every individual has a free will, knows the penal law.
Moreover, it postulates that man is a rational being and calculating being who
acts with reference to feelings of pleasure and pain. Thus, he will refrain from
criminal acts if imposed punishment is sufficient to cancel hope of possible
gain and advantage.
CESARE BECCARIA- (1738-1804) an Italian writer, who collected and presented
the principles of Montesquieu, Voltair, Rousseau and other eighteenth century
writers and philosophers pertaining to crimes and punishment into a small book
entitled Crimes and Punishment which was published in 1764.
PRINCIPLES OF THE CLASSICAL SCHOOL:
1. First, the rights and liberties of the individual must be conserved. Since
all persons are equal, those who commit the same crime should be
treated alike.
2. Second, crime is judicial abstraction and, therefore, a definite penalty
should be attached to each crime and invariably be inflicted.
3. Third, punishment should be limited by the social need. Its social utility
consists of definite deterrence influence, and much of it should be inflicted
as is necessary to prevent others from committing the same crime.
2. NEO-CLASSICAL SCHOOL- This approach of penology arose at the time of
the French revolution and the period immediately thereafter. It maintains that
while the classical school doctrine in general is correct, it should be modified
in certain details. It argues that since children and lunatic persons cannot
calculate pleasure and pain, they should not be regarded as criminals and as
such they should not be punished. The reaction to crime, therefore, under
this school is no longer punitive; punishment is imposed on some lawbreakers
but not on others.
3. POSITIVE SCHOOL OF CRIMINOLOGY- also known as the Italian School of
Criminology.
-
A criminal is like a sick man who needs not to be punished but treated in
hospital so that his illness, that has something to do with the commission of
the crime maybe cured.
The concept of guilt may be substituted with that of social behavior, the
incurable criminal should be treated and the correctional institution is to
constitute a criminology school.
II.
EUROPEAN BACKGROUND
Historically, institutional confinement has been used since ancient times, but not
until the 1600s and 1700s as a major punishment for criminals. Prior to that it was
used to:
Detain people before trial
Hold prisoners awaiting other sanctions
Coerce payment of debts and fines
Hold and punish slaves
Achieve religious indoctrination (the Inquisition)
Quarantine disease
Forerunners of Modern Incarceration
Early punishments for crime were directed more at the offenders body and
property. Goals were to inflict pain, humiliate the offender, and deter
onlookers from crime.
HULK an old sailing ship that is n o longer used for sea voyages
or naval operations, but is anchored in some English Port, where
they are used for prisons or places of confinement of convicted
criminals.
During the mid 18th century, forms of punishment where starting to changed, as
the period of enlightenment begin to emerge. Traditional punishments were
challenged by individuals who studied the condition of prisoner.
John Howard one of the pioneers to advocate the change of punishment and
became the first English prison reformer who crusaded for a better and humane
treatment of prisoners as he was appointed as the sheriff of Bedford Shire, a local
gaol in England. He visited other prison in England and America evaluating the
conditions of the prisoners, he comes up with prisons concepts that;
Pennsylvania System
Auburn system
Separate system
solitary confinement
eat, sleep, work in cell
religious instruction
reflection upon crimes
reform through
salvation
religious enlightenment
o model for Europe
o e.g.
Walnut St. Jail
Western Penitentiary
Eastern State Pen.
New York system (Auburn System)
o
o
o
o
-
evolved into
Congregate system
hard labor in shops-day
solitary confinement-night
strict discipline
rule of silence
reform through
good work habits
discipline
model for US-economical
e.g., Auburn Prison, 1816
won out in US; more cost-effective labor; state negotiated contracts
with manufacturers
By the end of the Civil War, many were questioning the value of the
penitentiary movement, as prisons failed to deter crime, and became
increasingly expensive to maintain. A new movement sought to improve the
method of incarceration.
i. probation
ii. intermediate sanctions;
(alternatives to incarceration)
iii. parole
7. THE CRIME CONTROL MODEL
- less ambitious, less optimistic, less forgiving view of man &
ability of CJS to change him
- crime better controlled by more incarceration & strict supervision
- precipitating factors
a. public concern over rising crime in 60s
b. disillusionment with treatment
c. public clamor for longer sentences
d. distrust of broad discretion given to correctional & parole authorities
IV.
HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES
Chapter 1
The Pre-colonial and Spanish Regimes:
During the pre-colonial times, the informal prison system was communitybased, as there were no national penitentiaries to speak of. Natives who defied or
violated the local laws were meted appropriate penalties by the local chieftains.
Incarceration in the community was only meant to prevent the culprit from further
harming
the
local
residents.
The formal prison system in the Philippines started only during the Spanish
regime, where an organized corrective service was made operational. Established in
1847 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 while 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.
The prison occupied a quadrangular piece of land 180 meters long on each side,
which was formerly a part of the Mayhalique Estate in the heart of Manila. It housed
a building for the offices and quarters of the prison warden, and 15 buildings or
departments for prisoners that were arranged in a radial way to form spokes. The
central tower formed the hub. Under this tower was the chapel. There were four
cell-houses for the isolated prisoners and four isolated buildings located on the four
corners of the walls, which served as kitchen, hospital and stores. The prison was
divided in the middle by a thick wall. One-half of the enclosed space was assigned
to
Presidio
prisoners
and
the
other
half
to
Carcel
prisoners.
In 1908, concrete modern 200-bed capacity hospitals as well as new dormitories
for the prisoners were added. A carpentry shop was organized within the confines of
the facility. For sometime the shop became a trademark for fine workmanship of
furniture made by prisoners. At this time, sales of handicrafts were done through
the institutions and inmates were compensated depending on the availability of
funds. As a consequence, inmates often had to sell through the retail or barter their
products.
On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City
was established to confine Muslim rebels and recalcitrant political prisoners
opposed to the Spanish rule. The facility, which faced the Jolo sea had Spanishinspired dormitories and was originally set on a 1,414-hectare sprawling estate.
Chapter 2
The American and Commonwealth Governments:
When the Americans took over in the 1900s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated November 1,
1905) as an agency under the Department of Commerce and Police. It also paved
the way for the re-establishment of San Ramon Prison in 1907 which was destroyed
during the Spanish-American War. On January 1, 1915, the San Ramon Prison was
placed under the auspices of the Bureau of Prisons and started receiving prisoners
from
Mindanao.
Before the reconstruction of San Ramon Prison, the Americans established in
1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a vast
reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares
in the late 1950s. Located on the westernmost part of the archipelago far from the
main town to confine incorrigibles with little hope of rehabilitation, the area was
expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by
Governor
Newton
Gilbert
on
October
15,
1912.
Other penal colonies were established during the American regime. On
November 27, 1929, the Correctional Institution for Women (CIW) was created under
Act No. 3579 to provide separate facilities for women offenders while the Davao
Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732.
Chapter 3
Transfer of the Old Bilibid to Muntinlupa:
The increasing number of committals to the Old Bilibid Prison, the growing
urbanization of Manila and the constant lobbying by conservative groups prompted
the government to plan and develop a new site for the national penitentiary, which
was to be on the outskirts of the urban center. Accordingly, Commonwealth Act No.
67 was enacted, appropriating one million (P1,000.000.00) pesos for the
construction of a new national prison in the southern suburb of Muntinlupa, Rizal in
1935. The old prison was transformed into a receiving center and a storage facility
for farm produce from the colonies. It was later abandoned and is now under the
jurisdiction
of
the
Public
Estates
Authority.
On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were
transferred to the new site. The new institution had a capacity of 3,000 prisoners
and it was officially named the New Bilibid Prison on January 22, 1941. The prison
reservation has an area of 587 hectares, part of which was arable. The prison
compound proper had an area of 300 x 300 meters or a total of nine hectares. It
was surrounded by three layers of barbed wire.
Chapter 4
Developments After WWII:
After World War II, there was a surplus of steel matting in the inventory and it
was used to improve the security fences of the prison. A death chamber was
constructed in 1941 at the rear area of the camp when the mode of execution was
through electrocution. In the late 60s, fences were further reinforced with concrete
slabs. The original institution became the maximum security compound in the 70s
and continues to be so up to present, housing not only death convicts and inmates
sentenced to life terms, but also those with numerous pending cases, multiple
convictions and sentences of more than 20 years.. In the 1980s, the height of the
concrete wall was increased and another facility was constructed, 2.5 kilometers
from the main building. This became known as Camp Sampaguita or the Medium
Security Camp, which was used as a military stockade during the martial law years
and the Minimum Security Camp, whose first site was christened Bukang
Liwayway. Later on, this was transferred to another site within the reservation
where
the
former
depot
was
situated.
Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison
and Penal Farm in Occidental Mindoro was established. In The Leyte Regional Prison
followed suit under Proclamation No. 1101 issued on January 16, 1973.
Chapter 5
Birth of the Reception and Diagnostic Center:
Recognizing the need to properly orient newly committed prisoners to the
Bureau of Corrections, the Reception and Diagnostic Center (RDC) was created
through Administrative Order No. 8, series of 1953 of the Department of Justice. It
was patterned after the reception facilities of the California State Prison. The RDC is
an independent institution tasked to receive, study, and classify all national
prisoners committed by final judgment to the National Penitentiary.
The first RDC facility was created in Building No. 9 of the Maximum Security
Compound of the New Bilibid Prison (NBP), Muntinlupa City. To isolate the facility
from the maximum security wing which was rocked by violence in 1973, the RDC
was relocated to Building No. 7, formerly referred to as Metro Jail of the Medium
Security Compound of Camp Sampaguita, NBP. To further insulate the newly
received inmates from gangs, the Center was transferred to what was once the
military command post adjacent to the Medium Security facility where the RDC
remains to this day. The RDC is a separate division with a technical function. The
Chief of the RDC sees to its independence in carrying out its tasks of receiving and
classifying all male national inmates committed to the Bureau of Corrections by the
competent courts. The RDC chief reports directly to the Director all the activities
undertaken
by
RDC
personnel.
The success of prison rehabilitation programs depends on how the RDC handles
the orientation, diagnosis and treatment of newly arrived inmates. Every effort is
made to determine an inmates strength as well as moral weaknesses, physical
inadequacies, character disorders, and his educational, social and vocational needs.
It is during the first sixty (60) days, during the initial contact between a prisoner and
his new environment that primordial functions pertaining to his care and
rehabilitation treatment are exhaustively carried out by the staff. At the end of the
period, the inmate is ready for transfer to any of the penal institutions. He is
expected to have overcome his fears and prejudices and is prepared to cooperate in
the
implementation
of
his
rehabilitation
program.
Being the initial stop of every national male prisoner, the RDC is constantly
improving its rehabilitative programs. One such reform is the adoption of the
behavioral modification modality. Originally a program for drug dependents, the
RDC chief recognized the potential of applying its principles to all committed
inmates. Thus the RDC was turned into a Therapeutic Community Camp on February
6,
2003.
On June 4, 2004, the RDC also started erasing gang marks of all newly
committed prisoners in an effort to eradicate the gang system within the Bureau.
Later, then Director Dionisio Santiago entrusted the administration of the
Muntinlupa Juvenile Training Center (MJTC) to the RDC through a memorandum
dated June 18, 2005. Under a memorandum of Director Vicente G. Vinarao dated
March 31, 2005, the RDC was given administrative control over all other RDCs of the
Bureau of Corrections. The RDC has evolved into an institution that uses a modern
positive approach towards penology.
Chapter 6
Non-Operational National Prisons:
Before World War II, two national prisons were established by the government
which are no long operational. One was on Corregidor Island and the other in the
Mountain
Province.
In 1908 during the American regime, some 100 prisoners were transferred from
the Old Bilibid Prison to the Corregidor Island Prison Stockage to work under military
authorities. This move was in accordance with an order from the Department of
Instructions, which approved the transfer of inmates so they could assist in
maintenance
and
other
operations
in
the
stockade.
The inmates were transported not to serve time but for prison labor. Until the
outbreak of the Second World War, inmates from Bilibid Prison were regularly sent to
Corregidor for labor purposes. When the War broke out, prisoners on Corregidor
were returned to Bilibid Prison. The island prison was never re-opened.
The Philippine Legislature during the American regime also passed Act No. 1876
providing for the establishment of a prison in Bontoc, Mountain Province. The prison
was built for the prisoners of the province and insular prisoners who were members
of the non-Christian tribes of Mountain Province and Nueva Viscaya.
The Bontoc prison could be reach only through narrow, poorly developed
mountain roads. Due to the enormous expenses incurred in transporting personnel,
equipment and supplies to the prison, the facility was abandoned and officially
closed on April 26, 1932.
V.
MANDATE
THE PRINCIPAL TASK OF THE BUREAU OF CORRECTIONS IS THE REHABILITATION
OF NATIONAL PRISONERS
SLOGAN
BRINGING BACK THE DIGNITY OF MAN.
PRINCIPLES
The BuCor adheres and adopts the following principles in accomplishing its
mandated objectives and performing its assigned functions:
1) To confine prisoners by giving them adequate living spaces as the first
conditions to be met before any effective rehabilitation programs can be
undertaken.
2) To prevent prisoners from committing crimes while in custody.
3) To provide humane treatment by affording them human basic needs in the
prison environment and prohibiting cruel methods and provide a variety of
rehabilitation program.
A. Adherence to the United Nations (U.N.) Standard Minimum Rules for the
Treatment of Prisoners and the UN Standard Minimum Rules for NonCustodial Measures
The Philippines adheres to the provisions of the UN Standard Minimum Rules
for the Treatment of Prisoners and UN Standard Minimum Rules for Non-Custodial
Measures (the Tokyo Rules) and other international human rights instruments which
define and guarantee the rights of inmates. Some of these provisions are already
embodied in the Philippine Constitution4 and in its laws, rules and regulations and
ordinances. Section 2, Article of the Constitution, moreover, provides that The
Philippines adopts the generally accepted principles of international law.
B. Prison/Penitentiary, Jail Distinguished
In the Philippines, there is a distinction between a jail and prison. A jail
is defined as a place of confinement for inmates under investigation or undergoing
trial, or serving short-term sentences. It is differentiated from the term prison
which refers to the national prisons or penitentiaries managed and supervised by
the Bureau of Corrections, an agency under the Department of Justice.5 Jails include
provincial, district, city and municipal jails managed and supervised by the
Provincial Government and the Bureau of Jail Management and Penology (BJMP),
respectively, which are both under the Department of the Interior and Local
Government. Municipal and city prisoners are committed to municipal, city or
district jails managed by the BJMP. A district jail is a cluster of small jails, each
having a monthly average population of ten or less inmates, and is located in the
vicinity of the court.6 Where the imposable penalty for the crime committed is more
than six months and the same was committed within the municipality, the offender
must serve his or her sentence in the provincial jail which is under the Office of the
Governor. Where the penalty imposed exceeds three years, the offender shall serve
his or her sentence in the penal institutions of the BuCor.
C. Four Classes of Prisoners7
1. Insular or national prisoner one who is sentenced to a prison term of three years
and one day to death;
2. Provincial prisoner one who is sentenced to a prison term of six months and one
day to three years;
3. City prisoner one who is sentenced to a prison term of one day to three years;
and
4. Municipal Prisoner one who is sentenced to a prison term of one day to six
months.
D. Three Types of Detainees
1. Those undergoing investigation;
2. Those awaiting or undergoing trial; and
3. Those awaiting final judgment.
INSTITUTIONAL FRAMEWORK
Three major government functionaries are involved in the Philippine
correctional system, namely: the Department of Justice (DOJ), Department of the
Interior and Local Government (DILG) and the Department of Social Welfare and
Development (DSWD). The DOJ supervises the national penitentiaries through the
Bureau of Corrections, administers the parole and probation system through the
Parole and Probation Administration, and assists the President in the grant of
executive clemency through the Board of Pardons and Parole. DILG supervises the
provincial, district, city and municipal jails through the provincial governments and
the Bureau of Jail Management and Penology, respectively. DSWD supervises the
regional rehabilitation centers for youth offenders through the Bureau of Child and
Youth Welfare.
A. Bureau of Corrections (BuCor)
BuCor has for its principal task the rehabilitation of national prisoners9, or
those sentenced to serve modern penology and has shifted from the traditional view
of imprisonment as societys retribution against criminal offenders into one which
regards imprisonment as a humanizing and enriching experience. Corrections focus
on rehabilitation and regards inmates as patients who need treatment and guidance
in order to become productive and responsible members of society upon their
release.
At present, BuCor has seven prison facilities for its 26,792 prisoners. It has
one prison institution for women and one vocational training centre for juveniles. All
prison institutions have their own Reception and Diagnostic Centre (RDC),
Classification Board, Rehabilitation and Vocational Training Programmes, Inmate
Complaints, Information and Assistance Centre (ICIAC), Inmate Council and Board of
Discipline. RDC receives, studies and classifies inmates committed to
BuCor. The Classification Board classifies inmates according to their security
status. To extend prompt, efficient and timely services to inmates, BuCor created
ICIA which is tasked to act, within seventy-two hours, on all the complaints, requests
for information and assistance of inmates.10 The common complaints/requests
made by inmates are complaints against employees/co-inmates, status of prisoners
release, computation of Good Conduct and Time Allowance and problems regarding
visitors visits. The Inmate Council, which is composed of finally convicted inmates,
serves as an advisory body of the Superintendent of each institution.11 The Board
of Discipline hears complaints and grievances with regard to violations of prison
rules and regulations.
B. Bureau of Jail Management and Penology (BJMP)
Also known as the Jail Bureau, BJMP, an agency under the DILG, was created
pursuant to Section 60, Republic Act No. 6975, which took effect on January 2, 1991.
It is mandated to direct, supervise and control nationwide.
1. Functions
(i) Formulate policies and guidelines on the administration of all district, city and
municipal jails.
(ii) Formulate and implement policies for the programmes of correction,
rehabilitation and treatment of inmates.
(iii) Plan and programme funds for the subsistence allowance of inmates.
(iv) Conduct research, develop and implement plans and programmes for the
improvement of jail services throughout the country.14
After twelve (12) years of existence as a separate agency under the DILG, the
BJMP still shares its responsibilities with the Philippine National Police (PNP). The
involvement, however, of the police in penology and jail management is a
temporary arrangement in view of BJMPs limited capacity.
C. Bureau of Child and Youth Welfare
Presidential Decree (P.D.) No. 603, as amended16, was promulgated to
provide for the care and treatment of youth offenders from the time of
apprehension up to the termination of the case17. The Bureau provides intensive
treatment for the rehabilitation of youth offenders on suspended sentence. Under
the said law, a youth offender is defined as a child, minor or youth who is over nine
years but less than eighteen years of age at the time of the commission of the
offence.18
D. Provincial Government
Provincial jails, numbering 104 in all, including sub-provincial extensions, are under
the supervision and control of the provincial governments.19
E. Parole and Probation Administration (PPA)
The PPA was created pursuant to Presidential Decree (P.D.) No. 96820, as amended,
to administer the probation system. Under Executive Order No. 29221, the Probation
Administration was renamed as the Parole and Probation Administration, and
given the added function of supervising prisoners who, after serving part of their
sentence in jails are released on parole or granted conditional pardon. The PPA and
the Board of Pardons and Parole are the agencies involved in the non-institutional
treatment of offenders. Probation is the status of an accused who, after conviction
and sentence, is released subject to conditions imposed by the court and to the
supervision of a probation officer.22 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.
1. Criteria for Probation
In determining whether an offender may be placed on probation, 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:
(i) the offender is in need of correctional treatment that can be provided most
effectively by his commitment to an institution;
(ii) there is an undue risk that during the period of probation, the offender will
commit another crime; or
(iii) probation will depreciate the seriousness of the offence committed.
2. Disqualified Offenders
Offenders who are disqualified are those:
(i) sentenced to serve a maximum term of imprisonment of more than six years;
(ii) convicted of subversion or any offence against the security of the State, or the
public order;
(iii) who have previously been convicted by final judgment of an offence punished
by imprisonment of not less than one month and one day and/or a fine of not more
than Two Hundred Pesos ( 200.00); or
(iv) who have already been on probation under the provisions of the Decree.
3. Probation Conditions
The grant of probation is accompanied by mandatory or discretionary conditions
imposed by the court:
(i) The mandatory conditions require that the probationer shall (a) present himself
or herself to the probation officer designated to undertake his or her supervision at
each place as may be specified in the order within 72 hours from receipt of said
order, and (b) report to the probation officer at least once a month at such time and
place as specified by said officer.
(ii) Discretionary or special conditions are those additional conditions imposed on
the probationer which are geared towards his or her correction and rehabilitation
outside of prison and right in the community to which he or she belongs.
A violation of any of the conditions may lead either to a more restrictive
modification of the same or the revocation of the grant of probation. Consequent to
the revocation, the probationer will have to serve the sentence originally imposed.
4. 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 probationer-defendant may be admitted to bail
pending such hearing. In such case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to the arrested probationer. An
order revoking the grant of probation or modifying the terms and conditions of the
said order cannot be appealed.
F. Board of Pardons and Parole (BPP)
The Board of Pardons and Parole was created pursuant to Act No. 4103, as
amended23. It is the intent of the law to uplift and redeem valuable human material
to economic usefulness and to prevent unnecessary and excessive deprivation of
personal liberty.
1. Functions
(i) To grant parole to qualified prisoners;
(ii) to recommend to the President the grant of pardon and other forms of executive
clemency;
(iii) to authorize the transfer of residence of parolees and pardonees, order their
arrest and recommitment, or grant their final release and discharge.
2. Basis for Grant of Parole
BPP may grant parole if it finds that:
(i) the prisoner is fit to be released;
(ii) there is a reasonable probability that, if released, he or she will live and remain
at liberty without violating the law; and
(iii) his or her release will not be incompatible with the welfare of society.
The BPP provides invaluable assistance to the President in exercising the
power of executive clemency. It is exercised with the objective of preventing a
miscarriage of justice or correcting a manifest injustice. Executive clemency may be
exercised through a reprieve, absolute pardon, conditional pardon, or commutation
of sentence.
SEC. 19. Except in cases of impeachment, or as otherwise provided in the
Constitution, the President may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final judgment. He shall also have the
power to grant amnesty with the concurrence of a majority of all the members of
the Congress. (Article 7, 1987 Constitution).
Reprieve refers to the deferment of the implementation of the sentence
for an interval of time; it does not annul the sentence but merely postpones or
suspends its execution. Commutation of Sentence refers to the reduction of
government hospital in accordance with prison rules and under proper security
escorts.
Education and Skills Training
Rehabilitation can be facilitated by improving an inmates academic and job
skills. Records show that many prisoners are poorly educated. A majority are
elementary school drop outs or have not even finished primary school. Prison
education amounts to remedial schooling designed to prepare inmates to obtain
basic skills in reading, writing and mathematics.
In most correctional facilities, vocational programs are incorporated into job
assignments and serve as on-the-job training. The goal is to provide inmates with
skills that will improve their eligibility for jobs upon release. Most prison vocational
training is geared toward traditional blue-collar employment in areas such as
electronics, auto mechanics and handicrafts. At the Reception and Diagnostic
Center, a basic computer literacy course with typing as a support course is available
for inmates who have finished at least high school level.
Vocational training and social education focus on job readiness. The concern in
these areas is life skills. If inmates are to reenter society and abstain from criminal
activity, they must be employable and have the basic tools necessary to function as
responsible citizens.
The National Penitentiary has a college degree program and a tertiary degree
correspondence course, in addition to the regular secondary and compulsory basic
literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll
while serving their sentence and to advance their academic skills.
Recreation and Sports
The inmates enjoy sunrise by participating in daily calisthenics. There are
various indoor and outdoor sports activities, programs, tournaments and leagues all
year round, to include basketball, volleyball, billiards, table tennis and chess. These
sports competitions promote camaraderie among inmates, good sportsmanship and
team-building. The latest addition is the newly constructed indoor sports
center/gymnasium at the Maximum Security Compound which boasts of
competition-standard flooring, sound system, locker rooms and bleachers.
All prison and penal farms have adequate recreational facilities for inmates,
both for outdoor and indoor sports. Mini-bodybuilding gyms are available in most
prison facilities, including the Muntinlupa Juvenile Training Center and the
Therapeutic
Community
Center
for
inmates
with
drug
cases.
For music lovers and musically-inclined inmates, numerous "videoke" centers
are available. Musical instruments are available for practice or for use in variety
shows.
Religious and Spiritual Guidance Program
Inmates enjoy freedom of religion. All inmates are free to observe the
rituals of their faith, with orderly conduct supervised by prison authorities. A
religious guidance adviser or chaplain is assigned in every prison and penal farm.
The prison chaplain sets the stage for every regular spiritual activity. He is an officer
of the institution who oversees the operation of the prison chapel. He is not only the
spiritual leader but also a counselor and adviser. Prisoners may be baptized or given
other sacraments. Religious Volunteer Officers, or RVOs belonging to different
church groups provide weekly religious activities ranging from bible studies,
devotions, prayer meetings or praise and worship. With a predominantly Roman
Catholic prison population, a Catholic Mass is a regular feature in spiritual activities
of the prison communities. Restrictions, however, are imposed if, in the course of
religious activities, security is compromised or a program is too expensive.
Therapeutic Community Program
The Therapeutic Community (TC) Program represents an effective, highly
structured environment with defined boundaries, both moral and ethical. The
primary goal is to foster personal growth. This is accomplished by re-shaping an
individuals behavior and attitudes through the inmates community working
together to help themselves and each other, restoring self confidence, and
preparing them for their re-integration into their families and friends as productive
members
of
the
community.
Patterned after Daytop TC, New York which is the base of the Therapeutic
Community movement in the world, the BuCor TC program was adopted as part of
the Bureau's holistic approach towards inmate rehabilitation. It is implemented
primarily
but
not
limited
to
drug
dependents.
The TC approach has been continuously proven worldwide as an effective
treatment and rehabilitation modality among drug dependents, and has been noted
to be effective in many prisons. By immersing a drug offender in the TC
environment, he learns why he had developed his destructive habits, which led him
to substance abuse. The program modifies negative behavior and or attitudes while
restoring self confidence, and prepare inmates for their re-integration into their
families and friends as productive members of the community. This behavioral
modification program gradually re-shapes or re-structures the inmate within a
family-like environment, wherein every member acts as his brothers keeper.
As TC family members go on with their daily activities, a strong sense of
responsibility and concern for each others welfare are developed. They are
constantly being monitored for their progress and are regularly being evaluated by
the TC-trained staff. The TC process allows for genuine introspection, cultivation of
self-worth and positive rationalization that move the individual towards assuming a
greater
sense
of
personal
and
moral
responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug dependents under
its care using the TC approach are in line with its commitment to create a Drug-Free
Prison. Worldwide developments in the treatment and rehabilitation of drug
offenders using this therapeutic community approach have been noted to be
effective in many prisons.
TERMS TO PONDER:
1. Alloplastic Adaptation. A form of adjustment which results from changes in
the environmental surrounding of a person.