CHAPTER I

The Problem and Its Setting

Introduction
As one of the five pillars of the Criminal Justice System, the Bureau of Jail Management
and Penology (BJMP) was created to address growing concern of jail management and
penology problem. Primarily, its clients are detainees accused before a court who are
temporarily confined in such jails while undergoing investigation, waiting final judgment and
those who are serving sentence promulgated by the court three (3) years and below. As
provided for under R.A. No. 6975, the Jail Bureau is mandated to take operational and
administrative control over all city, district and municipal jails.
On January 2, 1991, the Bureau of Jail Management and Penology was created thru
Republic Act 6975 as a line Bureau under the Department of Interior and Local Government.
The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and
Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.
The BJMP is mandated to direct, supervise and control the administration and operation
of all district, city and municipal jails nationwide with pronged tasks of safekeeping and
development of inmates. The four (4) major programs under the mandate of BJMP are (1)
Inmates Custody, Security and Control Program, (2) Inmates Welfare and Development
Program, (3) Decongestion Program and (4) Good Governance. (http://www.bjmp.gov.ph/
retrieved on October 7, 2014)
The State guarantees full respect for human rights and every person has the right to
equal protection of the laws, but sexual orientation and gender identity are not explicitly
mentioned. The Philippines still lacks an anti-discrimination law. (what is your reference)
There still exist discrimination and abuse for those persons having persistent discomfort with
his or her sex and the government has not yet taken any step to protect the rights of LGBTs
even those inside jail facilities. (what is your reference)
While statistics about criminal justice and LGBTs in general are lacking, we know that
some groups of LGBTs are likely to come into contact with the criminal justice system, Amnesty
International maintains records of known incidents internationally in which LGBT prisoners and
those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment
and violence at the hands of fellow inmates as well as prison officials. (Amnesty International
2001)
These unique circumstances of LGBTs under the jurisdiction of both adult and juvenile
criminal justice system makes correctional authorities responsible to ensure the safety of
LGBTs while under their custody, hence, this study.





Statement of the Problem
This study aims to assess the Practices of Bureau of Jail Management and Penology for
Lesbian, Gay, Bisexual, and Transgender Inmates on selected City Jails in Cavite.
Specifically it sought to answer the following questions:
1. What is the demographic profile of the respondents in terms of:
1.1. Age;
1.2. Gender;
1.3. Educational Attainment;
1.4. Position/Category; and
1.5. Length of Service/Stay?
2. What is the description of the City Jail in terms of:
2.1. Size;
2.2. Condition of the jails;
2.3. Number of inmates; and
2.4. Number of Jail Staff?
3. What are BJMPs existing practices in handling LGBTs in terms of:
3.1. Inmates Custody, Security and Control;
3.2. Inmates Welfare and Development Program;
3.3. Decongestion Program; and
3.4. Good Governance.