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The Two Rival Prison System in the History of Correction

A. The Auburn Prison System the prison system called the Congregate System.
- The prisoners are confined in their own cells during the night and congregate
work in shops during the day. Complete silence was enforced.

B. The Pennsylvania Prison System the prisons system called Solitary System.
- Prisoners are confined in single cells day and night where they lived, they slept,
and they ate and receive religious instructions. Complete Silence was also enforced. They are
required to read the Bible.

PRISON SYSTEM DURING EARLY HISTORY OF IMPRISONMENT


1. Bridewell System under this system and prostitutes were given work while serving their
sentences.
2. Sing Sing Prison became famous or rather infamous in the world over and was plot of
many movie film because of the sing sing bath which was inflicted aside from floggings,
denials of reading materials and solitary confinement. The shower bath was a gadget so
constructed as to drop a volume of water on the head of a locked naked offender. This
became frequent when flogging was declared illegal in 1847.
3. St. Michael System emphasize the rehabilitative concept and pioneered the segregation
of prisoners and forced silence to make the prisoners contemplate their wrongdoings.

VII. PENALTY and THE MODERN PERIOD OF CORRECTION

PENALTY is defined as the suffering inflicted by the state against an offending member
for the transgression of law.

Juridical Conditions of Penalty

Punishment must be:


1. Productive of suffering without however affecting the integrity of the human
personality.
2. Commensurate with the offense different crimes must be punished with different
penalties (Art. 25, RPC).
3. Personal the guilty one must be the one to be punished, no proxy.
4. Legal the consequence must be in accordance with the law.
5. Equal equal for all persons.
6. Certain no one must escape its effects.
7. Correctional changes the attitude of offenders and become law-abiding citizens.

Duration of Penalties

1. Death Penalty Capital punishment


2. Reclusion Perpetua life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor 6 yrs and 1 day to 12 years
5. Prision Correctional 6 months and 1 day to 6 years
6. Arresto Mayor 1 month and 1 day to 6 months
7. Arresto Menor 1 day to 30 days
8. Bond to Keep the Peace discretionary on the part of the court.

THE MODERN PERIOD OF CORRECTION

Modern Penal Management incorporates general principles of treating offenders that are
based on humane practices such as the following:

1. Jail or Prison rules shall be applied impartially without discrimination on ground of


race, color, language, religion or other opinion, national or social origin, property,
birth or other status.
2. The religious beliefs and moral precepts not contrary to law, which a prisoner holds,
must be respected.
3. Prison or Jail rules and regulations shall be applied with firmness but tempered with
understanding.
4. Custodial force shall, at all times, conduct themselves as good examples.
5. Abusive or indecent language to prisoners shall not be used.
6. Special care towards inmates shall be practiced preventing humiliation or degradation.
7. No use of force must be made by any of the custodial force, except in self-defense or
attempt to escape or in case of passive physical resistance to a lawful order.
8. Custodial force shall bear in mind that prisoners are sick people who need treatment.

THE PHILIPPINE PRISON SYSTEM

I. Bureau of Corrections

Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed
during the Aquino Administration. It states that the head of the Bureau of Corrections is the
Director of Prisons who is appointed by the President of the Philippines with the confirmation of
the Commission of Appointments.

The Bureau of Corrections 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.

Coverage of the Bureau of Corrections

a. National Bilibid Prisons (Muntinlupa, Rizal)

- New Bilibid Prisons (Main Building)


- Camp Sampaguita
- Camp Bukang Liwayway

b. Reception and Diagnostic Center (RDC)


c. Correctional Institution for Women (Mandaluyong)
d. The Penal Colonies:

- Sablayan Penal Colony and Farm (Occ. Mindoro)


- Iwahig Penal Colony and Farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
- San Ramon Penal Colony and Farm (Zamboanga)
- Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
- Leyte Regional Prison (Abuyog Leyte)

PRISON Defined:

- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted


of major/ serious crimes.
- A building, usually with cells, or other places established for the purpose of taking safe
custody or confinement of criminals.
- 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.

- A person committed to jail or prison by a competent authority for any of the following
reasons: To serve a sentence after conviction Trial Investigation

General Classification of Prisoners

1. Detention Prisoners those detained for investigation, preliminary hearing, or awaiting


trial. A detainee in a lock up jail. They are prisoners under the jurisdiction of Courts.
2. Sentenced Prisoners offenders who are committed to the jail or prison in order to
serve their sentence after final conviction by a competent court. They are prisoners under the
jurisdiction of penal institutions.
3. Prisoners who are 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.
Classification of Sentenced Prisoners:

1. Insular or National Prisoners


- Those sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the
judgment and unable to file a bond for their temporary liberty.

2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1
day to 3 years or a fine 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
- Those sentenced to suffer a term of imprisonment from 1 day to 3 years 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 the RTC and under
Preliminary Investigation.

4. Municipal Prisoners
- Those confined in Municipal jails to serve an imprisonment from 1 day to 6
months.
- Those detained therein whose trials of their cases are pending with the MTC.

Classification of Prisoners According to Degree of Security:

1. Super Maximum Security Prisoners


- A special group of prisoners composed of incorrigible, intractable, and highly
dangerous persons who are the source of constant disturbances even in a maximum security
prison.
- They wear orange color of uniform.

2. Maximum Security Prisoners


- The group of prisoners whose escape could be dangerous to the public or to the
security of the state.
- It consist 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 sentenced 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.

3. Medium Security Prisoners


- Those that can not 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 to work 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.

4. Minimum Security Prisoners


- 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 guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear
brown color uniforms.

WHAT IS A JAIL?

JAIL is a place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve a short sentences imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of their cases.

Types of Jails:

1. Lock-up Jails is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails is 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 minimum custody 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.

II. PROVINCIAL JAILS

Provincial Jails in the Philippines are not under the jurisdiction of the Bureau of
Corrections. They are managed and controlled by the provincial government.
III. 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. 6975 created the BJMP. It operates as a line
bureau under the Department of the Interior and Local Government (DILG)
Mission of the BJMP: The Jail Bureau shall direct, supervise and control the administration
and operation of all district, city and municipal jails to affect a better system of jail Management
nationwide.

Objectives of the BJMP:

1. To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
2. To enhance rehabilitation and reformation of offenders in preparation for their
eventual reintegration into the mainstream of society upon their release.
3. To professionalize jail services.

Principles of the BJMP:

1. It is the obligation of jail authorities to confine offenders safely and provide


rehabilitative programs that will negate criminal tendencies and restore their positive values to
make them productive and law abiding citizens.
2. No procedure or system of correction shall deprive any offender of hope for his
ultimate return to the fold of the law and full membership in society.
3. Unless provided otherwise, any person accused of a criminal offense shall be
presumed innocent and his rights, as a free citizen shall be respected, except for such
indispensable restraints during his confinement in the interest of justice and public safety.
4. Offenders are human beings entitled to the same basic rights and privileges enjoyed by
citizens in a free society, except that the exercise of these rights are limited or controlled for
security reasons.
5. Health preservation and prompt treatment of illness or injury is a basic right of every
person confined in jail and it is the duty of jail facilities to arrange for their treatment subject to
security measures.
6. Members of the custodial force shall set themselves as examples by performing their
duties in accordance with the rules and respect the laws duly constituted by authorities.
7. No jail personnel shall be abusive, insulting, indecent languages on the offenders.
8. No jail personnel shall use unnecessary force on offenders except for legitimate self-
defense or in cases of attempted active and passive physical resistance to a lawful order.
9. No penalty shall be imposed upon any offender for violation of rules/regulations unless
in accordance with duly approved disciplinary procedures.
10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical
punishment shall be employed as a correctional measure.
11. Members of the custodial force must understand that offenders need treatment and
counseling and the primary purpose of confinement is for safekeeping and rehabilitation.
12. When conducting routinary custodial guarding, the ratio of 1:7, or one guard for
every 7 offenders shall be observed.
13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be
observed. In case of high-risk offender that demands extra precaution additional guards shall be
employed. This manning level shall be national in scope for effective jail administration.

Powers, Functions and Organization of the BJMP

A. Powers:

The Bureau shall exercise supervision and control over all districts, city and municipal jails
to ensure a secured, clean, sanitary and adequately equipped jail for the custody and
safekeeping of city and municipal prisoners, any fugitive from justice or persons detained
awaiting investigation or trial and/or transfer to the National Penitentiary, and any violent,
mentally ill person who endangers himself or the safety of others.

B. Functions:

Inline 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.

C. Organization and Key Positions in the BJMP:

The BJMP, also referred to as the Jail Bureau, was created pursuant to Section 60, R.A.
no. 6975, and initially consisting of uniformed officers and members of the Jail management and
Penology service as constituted under P.D. no. 765.

The Bureau shall be 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 namely:

1. Command Group
- Chief, BJMP
- Deputy C/BJMP
- Chief of Staff
2. Coordinating Staff Groups
- Administrative Division
- Operations Division
- Logistics Division
- Finance Management Division
- Research Plans and Programs Division
- Inspection and 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

Regional Office:

At the Regional Level, each Region shall have a designated Assistant regional
Director for Jail management and Penology.

Provincial Level:

In the Provincial Level, there shall be designated a Provincial Jail Administrator to


perform the same functions as the ARDs province wide.

District Office:

In the District Level, where there are large cities and municipalities, a district jail
with subordinate jails, headed by a District warden may be established as necessary.

City and Municipal Office:

In the City and Municipal level, a city or municipal Warden shall head each jail.
Rank Classification of the BJMP:

RANK POSITION/TITLE APPOINTING AUTHORITY

Director Chief of the BJMP Secretary of DILG


C/ Supt. Deputy C/BJMP same
Sn. Supt. Asst. Regional Dir. same
Supt. Asst. Regional Dir. same
Chief Insp. Warden Under Secretary
Sn. Insp. Warden same
Inspector Warden same
SJO 4 to Jail Guards Chief of the BJMP
JO1

Duties and Responsibilities:

A. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
* Security, safety, discipline and well being of inmates

- The office of the warden may organize the following units:

1. Intelligence and Investigation Team


It gathers, collates and submits intelligence information to the office of the
warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jail facilities, personnel, prisoners and submit reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public support.

B. ASSISTANCE WARDEN

- The office of the Assistant Warden undertakes the development of a systematic process
of treatment.
- Chairman of the Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS

The administrative groups take charge of all administrative functions of the jail bureau.

1. Personnel Management Branch


- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
2. Records and 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 and Supply Branch
- Take charge of the safekeeping of equipments and supplies
and materials needed for the operation of the jail.
4. Budget and 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 and repair of jail facilities and equipments. It is
also task with the cleanliness and beautification of the jail compound.
7. Mittimus Computing Branch
- Tasked to receive court decisions and compute the date of the
full completion of the service of sentence of inmates.

Mittimus is a warrant issued by a court directing the jail


or prison authorities to receive the convicted
offender for the service of sentence imposed
therein or for detention.

D. SECURITY GROUPS:

- The 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
a) Escort Section to escort inmate upon order of any judicial
body; upon summon of a court; or transfer to other penal
institutions.
b) Subpoena Section receives and distribute court summons,
notices, subpoenas, etc.

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 for the
admitting and releasing unit.

E. REHABILITATION PURPOSES GROUPS:


- This group provides services and assistance to prisoners and their families to enable
them to solve their individual needs and problems arising from the prisoners confinement.

1. Medical and 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 inmates. It also conducts
psychiatric and psychological examinations.
2. Work and 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.
3. Socio- Cultural Services
- It takes care of the social case work study of the individual prisoners by making
interviews, home 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 and Counseling Services
- Responsible for the individual and group counseling activities to help inmates
solve their individual problems and to help them lead a wholesome and constructive life.