BUREAU OF JAIL MANAGEMENT AND PENOLOGY

2011 REVISED OPERATIONS MANUAL

Whereas, Republic Act No. 6975, otherwise known as the Department of

Interior and Local Government Act of 1990, provided that the task of jail
management and penology shall be the responsibility of the Bureau of Jail
Management and Penology (BJMP). Based on this mandate, the BJMP defined its
vision, mission, powers, functions, values, objectives and principles as an institution,
in a consultative and participatory strategic planning session;

Whereas, by the numerous developments in the Jail Bureau, there is a need

to revisit the existing BJMP Manual to be more responsive to the mandate of
Safekeeping and Development of all district, city and municipal jail inmates;

Whereas, it is imperative to ensure uniformity in the performance of

functions, implementations of the policies, rules and regulations and treatment of
inmates under BJMP-manned jails, including its operational jurisdiction, by virtue of a
Memorandum of Agreement (MOA);

NOW, THEREFORE, pursuant to Book IV of the Administrative Code of

1987, this 2011 Revised Operations Manual is hereby adopted for observance,
guidance and performance of humane safekeeping and development of inmates.

RULE I
GENERAL PROVISIONS

Section 1. MANDATE The Bureau of Jail Management and Penology was

created on January 2, 1991 pursuant to Republic Act 6975, replacing its forerunner,
the Jail Management and Penology Service of the defunct Philippine
Constabulary/Integrated National Police. The BJMP exercises administrative and
operational jurisdiction over all district, city and municipal jails. It is a line bureau of
the Department of the Interior and Local Government (DILG).

Section 2. VISION The BJMP envisions itself as a dynamic institution

highly regarded for its sustained humane safekeeping and development of inmates.

Section 3. MISSION The Bureau aims to enhance public safety by

providing humane safekeeping and development of inmates in all district, city and
municipal jails.

Section 4. POWERS The BJMP exercises supervision and control over all
district, city and municipal jails. As such, it shall ensure the establishment of
secured, clean, adequately equipped and sanitary facilities and provision of quality
services for the custody, safekeeping, rehabilitation and development of district, city
and municipal inmates, any fugitive from justice, or person detained awaiting or
undergoing investigation or trial and/or transfer to the National Penitentiary, and/or

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violent mentally ill person who endangers him/herself or the safety of others as
certified by the proper medical or health officer, pending transfer to a mental
institution.

Section 5. FUNCTIONS In line with its mission, the Bureau endeavors to

perform the following functions:

a. Enhance and upgrade organizational capability on a regular basis, to keep

up with advancements in law enforcement that result to greater crime
solution efficiency and a concomitant increase in inmate population;

b. Implement strong security measures for the control of inmates;

c. Provide for the basic needs of inmates;

d. Conduct activities for the rehabilitation and development of inmates; and,

e. Improve jail facilities and conditions.

Section 6. DISTRICT JAIL Within large cities or a group of clustered

municipalities, a District Jail headed by a District Warden may be established.

Section 7. CITY AND MUNICIPAL JAILS The BJMP operates and

maintains City and Municipal Jails, each headed by a City or Municipal Warden, as
the case may be.

Section 8. CORE VALUES The BJMPs officers and staff are guided by the
following core values:

a. Commitment - strong sense of dedication to the ideals of the

organization and to the public that it serves.

b. Respect for Human Rights to promote and protect the rights of our
fellow human beings.

c. Efficiency/Competence - mastery of important skills for delivery of

quality services.

d. Cooperation - willingness to share efforts in implementing plans and

achieving goals.

e. Teamwork the combined effective action of all personnel.

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 Section 9. OBJECTIVES The broad objectives of the Bureau are the
following:

a. To improve the living conditions of offenders in accordance with the

accepted standards set by the United Nations;

b. To enhance the safekeeping, rehabilitation and development of offenders

in preparation for their eventual reintegration into the mainstream of
society upon their release; and,

c. To professionalize jail services.

Section 10. PRINCIPLES The following principles shall be observed in the

implementation of the preceding sections:

a. Humane treatment of inmates.

b. Observance of professionalism in the performance of duties.

c. Multi-sectoral approach in the safekeeping and development of inmates

can be strengthened through active partnership with other members of
the criminal justice system and global advocates in corrections.

Section 11. DEFINITION OF TERMS As used in this Manual, the

following terms are defined:

Carpeta - otherwise known as inmate record or jacket, contains the

personal and criminal records of inmates, documents related to his/her
incarceration such as but not limited to: Commitment order, subpoenas,
personal identification, orders from the court and all other papers
necessarily connected with the detention of an inmate.

Child in Conflict with the Law (CICL), also known as Youth

Offender - a person under eighteen (18) years old who is alleged as,
accused of or adjudged as having committed an offense under Philippine
laws.

Commitment Order - a written order of the court, or any other agency

authorized by law to issue, entrusting an inmate to a jail for the purpose
of safekeeping during the pendency of his/her case.

Contraband - any article, item, or thing prohibited by law and/or

forbidden by jail rules that would pose as security hazards or endanger the
lives of inmates.

Nuisance contraband- items that are not illegal under Philippine Laws
but regulated by the jail rules since it threatens security, fire safety, or
sanitation of the facility, and the orderly activities of the jail.

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Detainee - a person who is accused before a court or competent
authority and is temporarily confined in jail while undergoing or awaiting
investigation, trial, or final judgment.

District Jail - is a facility or a place of confinement for inmates coming

from a city or clustered municipalities who are awaiting or undergoing trial
or serving sentence for a term of one (1) day to three (3) years.

Escape - the act of unlawfully getting out from confinement or custody by

an offender.

Inmate - is the generic term used to refer to a detainee or prisoner.

Instrument of Restraint - a device, contrivance, tool or instrument

used to hold back, keep in, check or control inmates; e.g., handcuffs.

Jail - is a place of confinement for city and municipal detainees/ prisoners,

any fugitive from justice, or person detained awaiting or undergoing
investigation or trial and/or transfer to the National Penitentiary, and/or
violent mentally ill person who endangers him/herself or the safety of
others, duly certified as such by the proper medical or health officer,
pending transfer to a mental institution.

Mittimus - a warrant issued by a court bearing its seal and the signature
of the judge, directing the jail or prison authorities to receive inmates for
the service of sentence.

Offender - refers to a person who violates or transgresses laws and

ordinances passed by competent authorities in the Philippines.

Officer - in general, the term officer shall refer to all uniformed personnel
of the BJMP; when referring to rank, however, the term officer shall refer
to those holding the rank of Jail Inspector and above.

Orderly or Aide - an inmate utilized by jail authorities to assist them in

the performance of a task necessary in jail operations.

Penology - a branch of criminology dealing with jail management and

administration of inmates.

Prisoner - an inmate who is convicted by final judgment and classified as

follows:

1) Insular Prisoner - one who is sentenced to a prison term of

three (3) years and one (1) day to death.

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2) Provincial Prisoner - one who is sentenced to a prison term of
six (6) months and one (1) day to three (3) years.

3) City Prisoner - one who is sentenced to a prison term of one

(1) day to three (3) years.

4) Municipal Prisoner - one who is sentenced to a prison term of

one (1) day to six (6) months.

Provincial Jail Administrator - refers to the official duly designated to

head the BJMP Provincial Jail Administrators Office to oversee the
implementation of jail services of all district, city and municipal jails within
its territorial jurisdiction.

Reformation means to amend or improve by change of form or

removal of faults or abuses; and removal or correction of an abuse, a
wrong or error.

Regional Director - refers to the official duly designated to head the

BJMP Regional Office to oversee the implementation of jail services within
its jurisdiction covering provincial jail administrators offices and district,
city and municipal jails, and responsible for the enforcement of laws and
regulations governing its mandated functions.

Regional Office means an office which has administrative and

operational control over its provincial jail administrators offices and
district, city and municipal jails.

Rehabilitation - a program of activity directed to restore an inmates

self-respect and sense of responsibility to the community, thereby making
him/her a law-abiding citizen after serving his/her sentence.

Safekeeping - the temporary custody of a person for his/her own

protection, safety or care; and that of the community from him/her.

Jail Warden- person in-charge in the overall operational and

administrative control of jail.

Chief Custodial Officer- is personnel in-charge to the overall supervision

of all custodial functions.

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 RULE II
COMMITMENT AND CLASSIFICATION OF PRISONERS OR DETAINEES

A person can be committed to jail only upon the issuance of an appropriate

order by a competent court or authority so mandated under Philippine laws. This
Rule enumerates courts and authorities, and classifies inmates according to the
conditions for their commitment.

Section 12. COMMITMENT Commitment means the entrusting for

confinement of an inmate to a jail by a competent court or authority, for purposes of
safekeeping during the pendency of his/ her case.

Section 13. COURTS AND OTHER ENTITIES AUTHORIZED TO

COMMIT A PERSON TO JAIL The following (courts and entities) are authorized
to commit a person to jail:

a. Supreme Court
b. Court of Appeals
c. Sandiganbayan
d. Regional Trial Court
e. Metropolitan/Municipal Trial Court
f. Municipal Circuit Trial Court
m. other administrative bodies as may be authorized by law

Section 14. CLASSIFICATION Refers to assigning or grouping of

inmates according to their respective penalty, gender, age, nationality, health,
criminal records, etc.

Section 15. CATEGORIES OF INMATES The two (2) general categories

of inmates are:

a. Prisoner - inmate who is convicted by final judgment

b. Detainee - inmate who is undergoing investigation/trial or awaiting
trial/sentence.

Section 16. CLASSIFICATION OF PRISONERS The four (4) main

classes of prisoners are:

a. Insular Prisoner - one who is sentenced to a prison term of three (3)

years and one (1) day to death.

b. Provincial Prisoner - one who is sentenced to a prison term of six (6)

months and one (1) day to three (3) years.

c. City Prisoner - one who is sentenced to a prison term of one (1) day to
three (3) years.

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 d. Municipal Prisoner - one who is sentenced to a prison term of one (1)
day to six (6) months.

Section 17. CLASSIFICATION OF DETAINEES The three (3) classes of

detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
RULE III

RECEPTION and RELEASING PROCEDURES, CLASSIFICATION BOARD,

DISCIPLINARY BOARD AND PUNISHABLE ACTS OF INMATES

One of the Guiding Principles of the United Nations Standard Minimum Rules
for the Treatment of Prisoners states that Imprisonment and other measures which
result in cutting off an offender from the outside world are afflictive by the very fact
of taking from a person the right of self-determination by depriving him/her of
his/her liberty. Therefore, the prison system shall not, except as incidental to
justifiable segregation or the maintenance of discipline, aggravate the suffering
inherent in such a situation. Hence, a well-planned and organized reception of
detainees is critical to achieving this. The detainees first impression of the
correctional process greatly influences his/her attitude and behavior toward the
custodial and rehabilitative regimens he/she must undergo during confinement, and
perhaps, to some extent, affect his/her outlook and adjustment after his/her release.
This Rule provides guidance on the reception and disciplinary aspects of jail
management.

Section 18. ADMISSION AND OTHER PROCEDURES TO BE

UNDERTAKEN ON INMATES WHILE UNDER BJMP CUSTODY A decent and
humane program of confinement starts with a systematic reception of detainees for
commitment to the BJMPs detention facilities. In this connection, the following
procedures shall be undertaken upon commitment of an inmate:

I. PROCEDURE ON ADMISSION

A. DESK OFFICER

1. Upon commitment of an inmate, check the credentials of the person bringing

the inmate to determine his/her/their identity and authority.
2. Make sure that the following documents are available:
a. Commitment Order
b. Information/Complaint
c. Medical Certificate issued by Government Hospital
d. Examine the arrest report and the authenticity of the commitment order.
e. Take all cash and other personal property from the inmate, list them down
on a receipt form duplicate, duly signed by him/her and countersigned by
the inmate. Original receipt should be kept for the record and duplicate
should be given to the inmate.

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 f. All cash and other valuables of the inmate must be turned over to the Jail
Property Custodian for safekeeping and covered by a receipt.

B. RECORDS/ADMITTING OFFICER

1. Receives the documents from the DO and starts the booking procedures.
2. Inmate is fingerprinted and photographed.
3. Inmate is strip-searched to check for any markings, cuts, bruises, etc. and
same shall be indicated in the jail booking report.

4. Inmates clothing shall be checked for presence of contrabands.

5. In a dialect that the inmate understands, he/she shall be apprised of the
provisions of Art 29 of the RPC as amended by RA 6127.
6. If the inmate agrees to abide by the same disciplinary rules upon convicted
inmates, he/she shall be asked to sign a Detainees Manifestation. Otherwise,
the warden issues a Certification under oath to the effect that the detainee
was apprised of the provision of Art 29 of the RPC as amended and that the
inmate refused to sign.

C. JAIL MEDICAL OFFICER

1. Conducts thorough check-up on the overall condition of the inmate during the
time he/she was brought to the jail.
2. Checks on the entries in the medical certificate to ascertain any discrepancies
and records any findings not indicated.

D. CHIEF CUSTODIAL/ OFFICER OF THE DAY

He/ she shall orient the newly committed inmate of the rules and
regulations of the jail, prohibited areas for inmates and other
necessary information for better jail operations.

E. CLASSIFICATION BOARD

Assigns the newly committed inmate to his/her cell.

F. JAIL WARDEN

Coordinate with concerned agencies regarding the case of inmate for

speedy disposition and to furnish them copy of the needed documents
available.

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 Section 19. CLASSIFICATION BOARD Each jail shall maintain a
Classification Board, if facilities and personnel are available, to be composed of the
following:

Chairman - Assistant warden

Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer

Section 20. DUTIES AND FUNCTIONS OF THE CLASSIFICATION

BOARD The Classification Board is tasked with the gathering and collating of
information and other data of every inmate into a case study to determine the work
assignment, type of supervision and degree of custody and restrictions under which
an inmate must live in jail. The case study consists of relevant information on the
inmate, such as:

a. The facts and data of the present case, explaining how the inmate was
involved in it.

b. Earlier criminal history and if he/she is a recidivist or habitual delinquent,

the facts about his/her attitudes and behavior while confined in other
institutions.

c. Biography or life history.

d. Physical condition.

e. Vocational interest.

f. Educational and religious background/interest.

g. Recreational interest.

h. Psychological characteristics as evaluated by the psychiatrist and

psychologist.

i. Observed behavior while under diagnostic examinations.

j. Initial reaction to group counseling.

The inmate is required to appear before the Classification Board for a frank
discussion concerning his/her strengths and weaknesses. After this, he/she is
informed of the program planned for him/her. He/she is asked if he/she is willing to
undergo this program for his/her own good. If necessary, the Board will see to it
that the program planned for the inmate is followed.

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 Section 21. DISCIPLINARY BOARD A Disciplinary Board shall be
organized and maintained by jails for the purpose of hearing disciplinary cases
involving any inmate who violates jail rules and regulations. It shall be composed of
the following:

Chairman - Assistant warden

Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates Representative

If the above composition is not feasible, the Warden shall perform the Boards
functions as a Summary Disciplinary Officer.

Section 22. DUTIES AND FUNCTIONS OF THE DISCIPLINARY BOARD

The Board is tasked to investigate the facts of an alleged misconduct referred to it
by the Warden. It shall hold sessions as often as necessary in a room which may be
provided for the purpose. All cases referred to it shall be heard and decided within
forty eight (48) hours from the date of receipt of the case.

Section 23. AUTHORIZED DISCIPLINARY RULES OR ACTIONS

AGAINST INMATES The Board is authorized to impose any of the following
disciplinary punishments:

a. Reprimand.

b. Temporary or permanent cancellation of some or all recreational

privileges.

c. Deduction of visiting time.

d. Close confinement in a cell, not exceeding seven (7) days in any calendar
month, provided that this punishment shall be imposed only in the case of
an incorrigible prisoner, when other disciplinary measures had been
proven ineffective.

e. Transfer to another BJMP jail in the area, in coordination with the Court.

Section 24. LIMITATIONS ON DISCIPLINARY RULES OR ACTIONS

AGAINST INMATES The Disciplinary Board shall consider the following
limitations when imposing disciplinary punishment:

a. No pregnant inmate shall be subjected to any disciplinary punishment

which might affect her unborn or nursing child.

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 b. No infirm or handicapped offender shall be meted out punishment which
might affect his/her health or physical well-being.

c. Corporal punishment, confinement in dark or inadequately ventilated cells

and any form of cruel, unusual, inhuman or degrading punishment are
absolutely prohibited.

d. When necessary, the Jail Physician shall visit the detainee/ prisoner
undergoing punishment and shall advise the Warden if he recommends
the termination of the punishment on grounds of physical or mental
health.

e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are

not to be applied as a form of punishment. They shall only be used as a
precaution against escape and on medical grounds to prevent an offender
from injuring himself or others.

f. Breaches of discipline shall be handled without anger or emotionalism and

decisions shall be executed firmly and justly.

g. As a general rule, any violation of jail rules and regulations or misconduct

committed by the inmate shall be dealt with accordingly. In extreme
cases where the violation necessitates immediate action, the Warden or
the Officer of the Day may administer the necessary restraints and report
the action taken to the Disciplinary Board.

Section 25. PROCEDURES IN THE HEARING OF DISCIPLINARY

CASES The following procedures may be followed in the hearing of disciplinary
cases:

a. The aggrieved inmate informs any member of the custodial force of the
violation; the latter in turn, officially reports in writing the matter to the
Desk Officer. If one of the jail employees knows the violation committed
by the inmate, a brief description shall be made of the circumstances
surrounding or leading to the reported violation and all facts relative to the
case.

b. The Desk Officer simultaneously informs the Warden and shall

immediately cause the investigation. He/she shall submit to the Warden
his/her report together with his recommendations.

c. The Warden evaluates the report and if he/she believes that there is no
sufficient evidence to support the alleged violation, he/she shall dismiss
the case. If he/she believes that sufficient evidence exists, he/she shall
decide the case and impose the necessary penalty in case of minor
violations. If the offense is less grave or grave, he/she shall endorse it to
the Disciplinary Board for hearing or decide it him/herself as a Summary
Disciplinary Officer if there is no Disciplinary Board.

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 d. The inmate shall be confronted of the reported violation and asked how
he/she pleads to the charge. If he/she admits the violation or pleads
guilty, the Board or the Warden, as the case may be, shall impose the
corresponding punishment.

e. If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the Desk Officer. The
inmate shall then be given the opportunity to defend him/herself by
his/her testimony and those of his/her witnesses, if any, and to present
other evidences to prove his/her innocence.

f. After hearing, the Board decides the case on the merits.

g. Whether the inmate is found guilty or not, he/she should be advised to

obey the rules and regulations strictly and be reminded that good behavior
is indispensable for his/her early release and/or the granting of privileges.

Section 26. PUNISHABLE ACTS An inmate is strictly prohibited from

committing any of the following acts:

a. MINOR OFFENSES

1) Selling or bartering with fellow inmate(s) those items not classified as

contraband.

2) Rendering personal service to fellow inmate(s).

3) Untidy or dirty personal appearance.

4) Littering or failing to maintain cleanliness and orderliness in his/her

quarters and/or surroundings.

5) Making frivolous or groundless complaints.

6) Taking the cudgels for or reporting complaints on behalf of other

inmates.

7) Late in formation or duty without justifiable reasons.

8) Willful waste of food.

b. LESS GRAVE OFFENSES

1) Failure to report for work detail without sufficient justification.

2) Failure to render assistance to an injured personnel or inmate.

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 3) Failure to assist in putting out fires inside the jail.

4) Behaving improperly or acting boisterously during religious, social and

other group functions.

5) Swearing, cursing or using profane or defamatory language directed at

other persons.

6) Malingering or pretending to be sick to escape work assignment.

7) Spreading rumors or malicious intrigues to besmirch the honor of any

person, particularly BJMP personnel.

8) Failure to stand at attention and give due respect when confronted by

or reporting to any BJMP personnel.

9) Forcing fellow inmates to render personal service to him/herself and/or

to others.

10)Exchanging uniforms or wearing clothes other than those issued to

him/her for the purpose of circumventing jail rules.

11)Loitering or being in an unauthorized place.

12)Using the telephone without authority from the Desk Officer/Warden.

13)Writing, defacing, or drawing on walls, floors or any furniture or

equipment.

14)Withholding information which may be inimical or prejudicial to the jail

administration.

15)Possession of lewd or pornographic literature and/or photographs.

16)Absence from cell, brigade, place of work during headcount, or at any

time without justifiable reason.

17)Failure to turn over any implement/article issued after work detail.

18)Committing any act prejudicial to good order and discipline.

c. GRAVE OFFENSES

1) Making untruthful statements or lies in any official communication,

transaction, or investigation.

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2) Keeping or concealing keys or locks of places in the jail off-limits to
inmates.

3) Giving gifts, selling, or bartering with jail personnel.

4) Keeping in his/her possession money, jewelry, cellular phones or other

communication devices and other items classified as contraband under
the rules.

5) Tattooing others or allowing him/her to be tattooed on any part of the

body, or keeping any paraphernalia to be used in tattooing.

6) Forcibly taking or extorting money from fellow inmates and visitors

7) Punishing or inflicting injury or any harm upon him/herself or other

inmates.

8) Receiving, keeping, taking or drinking liquor and prohibited drugs.

9) Making, improvising or keeping any kind of deadly weapon.

10)Concealing or withholding information on plans of attempted escapes.

11)Unruly conduct and flagrant disregard of discipline and instructions.

12)Escaping, attempting or planning to escape from the institution or from

any guard.

13)Helping, aiding or abetting others to escape.

14)Fighting, causing any disturbance or participating therein and/or

agitating to cause such disturbance or riot.

15)Indecent, immoral or lascivious acts by him/herself or others and/or

allowing him/herself to be the subject of such indecent, immoral or
lascivious acts.

16)Willful disobedience to a lawful order issued by BJMP personnel.

17)Assaulting any BJMP personnel.

18)Damaging any government property or equipment issued to the

inmates.

19)Participating in kangaroo court, an unauthorized or irregular court

conducted with disregard for or perversion of legal procedures as a
mock court by the inmates in a jail/prison.

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 20)Affiliating with any gang or faction whose main purpose is to foment
regionalism or to segregate themselves from others.

21)Failing to inform the authorities concerned when afflicted with any

communicable disease, such as tuberculosis, sexually-transmitted
diseases, etc.

22)Engaging in gambling or any game of chance.

23)Committing any act which is in violation of any law or ordinance, in

which case, he/she shall be prosecuted criminally in accordance with
law.

Section 27. Release of an inmate releasing an inmate from the

custody of the jail must be acted with caution. To release an inmate by some
modes of release other than service of sentence must be by virtue of a court order
duly issued by a court of competent jurisdiction. The following procedures shall be
adopted to ensure accuracy and efficiency:

Section 28. MANNER OF RELEASING AN INMATE The following

guidelines shall be observed when inmates are to be released from detention.

a. A prisoner may be released by:

1) Service of sentence.

2) Order of the Court.

3) Parole.

4) Pardon.

5) Amnesty.

6) Any lawful order of a competent authority.

b. Before an inmate is released, he/she shall be properly identified to ensure

that he/she is the same person that was received and will now be the
subject release. His/her tattooed marks and fingerprints shall be verified
with those taken when he/she was received. Any changes or differences
in his/her distinguishing marks and scars shall be investigated to
determine his/her real identity in order to prevent the mistaken release of
another person.

c. No inmate shall be released on a mere verbal order or an order relayed by

telephone. The release of an inmate by reason of acquittal, dismissal of
case, filing of bond, shall be effected only upon receipt of the Release
Order served by the court process server or its duly authorized

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 representative. The Court Order shall bear the full name of the inmate,
the crime he/she was charged with, the criminal case number and such
other details that will enable the officer in charge to properly identify the
inmate to be released.

d. An inmate who fully served his/ her penalty of imprisonment shall be

released at once. The warden of the unit shall notify the court at least
fifteen (15) days prior to the release in order to update such court of the
satisfaction of its judgment.

d. An inmate shall be released promptly and without unreasonable delay.

e. Under proper receipt, all money earned and other valuables held in trust
when first admitted, shall be returned to the inmate upon release.

f. The released inmate shall be issued a Certification of Discharge from jail

by the Warden or Jailer.

RULE IV
TREATMENT OF INMATES WITH SPECIAL NEEDS

The United Nations Standard Minimum Rules for the Treatment of Prisoners
provides that so far as possible, separate institutions or separate sections of an
institution shall be used for the treatment of the different classes of prisoners. The
BJMP has adhered to this principle since its creation; however, the rise in criminality
in recent years, coupled with the passage of more stringent laws (especially for
drug-related offenses) and the adoption of better crime solution methods, resulted
to a marked increase in inmate population in BJMP detention centers. The lack of
funds to expand existing jails or to build new ones aggravates the situation. This
Rule, therefore, provides guidance to Wardens and Jail Officers on how to treat
unusual inmates and inmates with special needs, given the Bureaus resource
limitations.

Section 29. BASIC POLICY As a general rule, unusual inmates or

inmates with special needs should not be held in jails with other regular inmates.
For example, female inmates should be confined in institutions that are separate
from those used for males, and male youth offenders should not be mixed with adult
offenders. However, given the reality of budget constraints, increasing inmate
population, insufficient facilities and inadequately-equipped detention homes,
Wardens and Jail Officers shall endeavor to provide the best arrangement they can
for such inmates, in keeping with this Rule. It is assumed that the inmates have
been properly evaluated and classified for this purpose.

Section 30. HANDLING UNUSUAL INMATES AND INMATES WITH

SPECIAL NEEDS The following special methods are required in the handling of
unusual inmates and inmates with special needs:

a. Female

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 1) The female cells should be fully separated from the male cells.

2) As far as practicable, supervision of female inmates must be done by

female jail staff. Male personnel shall be limited to designations that
have no direct contact with the female inmates.

3) In jails having an inmate population of fifty (50) or more, a resident

matron may be designated to keep the keys to the female quarters and
make the same available at any time.

4) No male inmate shall be allowed to enter the female quarters.

5) Only work suitable to their age and physical condition should be

assigned to female inmates.

b. Drug Users/Dependents/Addicts

1) Inmates found to be drug users/dependents/addicts should be

segregated from other inmates, especially during the withdrawal
period.

2) Maintain close supervision of inmates to prevent attempts to commit

suicide or self-mutilation.

3) Only a qualified physician shall prescribe or administer

sedatives/stimulants deemed necessary for the inmates treatment.

4) Appropriate measures should be taken to enable inmates to follow

strictly the jail physicians advice regarding diet and other medical
interventions/treatments during the withdrawal period.

5) Conduct a regular search of the inmates quarters and maintain

constant alertness to prevent the smuggling of narcotics and other
dangerous drugs.

c. Alcoholics

1) Place alcoholics in quarters separate from other inmates and maintain

close supervision to guard against suicide attempts.

2) Any symptoms of abnormal behavior among inmates should be

reported immediately to the jail physician.

3) Exercise close supervision to guard against the smuggling of liquor and

other intoxicating drinks or products containing alcohol.

d. Mentally-ill

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 1) The mentally-ill should be under the close supervision of a jail
physician.

2) Place the mentally-ill in individual cells and special restraint rooms

provided for violent cases.

3) Exercise close supervision to guard against suicide attempts or violent

attacks on others.

4) The mentally-ill should be transferred as soon as feasible to mental

institutions for proper psychiatric treatment.

e. Sex Deviates

1) Homosexuals should be segregated immediately to prevent them from

influencing other inmates or being maltreated or abused by other
inmates.

2) Likewise, other sex deviates should be separated from other inmates

for closer supervision and control.

f. Escape-Prone Inmates

1) Escape-prone inmates should be held in the most secured quarters,

preferably in single-inmate cells, to minimize their contact with each
other.

2) Closely supervise their conduct and observe their actuations during and
after visiting hours.

3) Search their quarters frequently and subject them to frequent strip

searches.

4) Special attention should be given to the examination of things

recovered from strip searches.

5) Restrict their telephone calls and allow only those that can be
monitored on an extension line.

g. Suicide Prone Inmates

1) The suicide prone inmate should be given close and constant

supervision.

2) Periodic search for their quarters and premises for tools/materials that
can be used for suicide.

18
 3) They should be subjected to frequent strip searches.

h. The Handicapped, Aged and Infirm

1) The handicapped should be housed separately and closely supervised

to protect them from maltreatment or abuse by other inmates.

2) Special treatment should be given to these inmates who shall be

required to work in accordance with their physical capabilities for their
own upkeep and to maintain the sanitation of their quarters and
surroundings.

i. Children in Conflict with the Law (CICL)

1) Upon admission, a CICL shall be subjected for a thorough physical

examination by a jail health officer. The results of such examination
shall form part of the records of the case of the CICL.

2) Provide a separate detention cell to CICLs.

3) Continuously coordinate with the Public Attorneys Office (PAO) for the
provision of para-legal assistance to expedite CICL cases.

4) Continuously coordinate and follow-up CICL cases with the DSWD for
the provision of appropriate intervention programs.

5) Observe the Law on Proportionality in the implementation of

rehabilitation programs that should be distinct from those given to
adult inmates.

6) Unless absolutely necessary, handcuffs or other instruments of

restraint shall not be used on CICL especially when he/she attends
court hearings, or when being brought to the hospital or transferred to
other institutions.

7) Avoid the use of vulgar or profane words on CICLs.

8) Do not require CICLs to wear prison uniforms.

9) Upon release from confinement, the records of the CICL shall be

sealed, and at an appropriate time, expunged.

j. Pregnant inmates and their infants. (See attached Policy for Pregnant
Inmates.)

k. Alien Inmates

19
 1) The Warden shall report in writing to the Bureau of Immigration and
the respective embassies of the detained foreigners the following:

a) Name of Jail
b) Name of Foreigner
c) Nationality and the number of his/her Alien Certificate of
Registration, if any
d) Age/Sex
e) Offense Charged
f) Case Number
g) Court/Branch
h) Status of Case

RULE V

CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF

PRISONERS AND DETAINEES

Jail management and penology is concerned with the custody and

rehabilitation of inmates. Effective custody ensures that inmates are well-secured
in all areas of the detention facility and properly escorted when attending their
court hearings. Effective rehabilitation allows inmates to rethink their values and
direction in life, and equips them with skills that can help them become productive
members of society when they are set free. This Rule focuses on the dos and
donts for effective custody.

Section 31. SECURITY AND CONTROL The following guidelines should

be strictly observed in jail security and control:

a. The Chief Custodial Officer conducts regular briefing for every shift,
especially before any member of the custodial force assumes his/her duty
and the Chief Escort before the escort personnel leave with inmates for
court hearings and other authorized/lawful destinations;

b. Maintain strict control of firearms. Never permit any firearm inside the jail
except in some areas where firearms are authorized;

c. Maintain 24-hour supervision of inmates;

d. Maintain a system of key control which shall include an accurate listing of

all keys and of receipting them. Never permit the inmates to handle keys
or to study them;

e. Secure firearms and anti-riot equipment in the armory where they can be
within easy reach of jail officers and yet afford maximum security against
access by inmates;

20
 f. Supervise the proper use of tools and other potentially dangerous articles
such as bottles, acids, kitchen knives, etc., and keep them out of any
inmates reach when not in use;

g. Conduct regular inmates count, at least five to six (5-6) times within a 24-
hour period. Establish procedures which will ensure beyond doubt, that
every inmate is physically present or accounted for, at every count. Make
sure that you see each inmate you count. Never allow an inmate to count
for you and do not allow any inmate movement or interruptions during the
count;

h. Conduct frequent surprise searches of inmates and their quarters to detect

contraband; (See attach provisions on Jail Searches Operation Greyhound)

i. Conduct frequent inspections of security facilities to detect tampering or

defects;

j. Closely monitors inmates movements/activities to guard against escapes,

assault on jail personnel and inmate disturbances;

k. Develop plans dealing with emergencies like escapes, fires, assaults and
riots. Make these plans known and understood by jail personnel;

l. Never allow gay and lesbian jail officers to perform search and custodial
functions;

m. Never allow a jail officer to render successive shifts of duty except in cases
of emergencies;

n. Designate a gate supervisor for every shift who will be made

administratively responsible and accountable for the daily activities at the
entrance gate of jails;

o. Never allow a jail officer to open the inmates quarters alone. At least one
(1) other jail officer should be present;

p. Select carefully the inmates to be assigned as orderly or aide and maintain

rigid control over their activities. No inmate should be allowed to assume
any authority which belongs to the jail staff or to exercise authority,
supervision and control over other inmates;

Section 32. INMATES COUNT It is imperative that at specified times

during each 24-hour period, all inmates are physically counted. For this type of
count, the general procedures are as follows:

a. Count each inmate physically at specified times.

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 b. During the count, ensure that all movements of inmates cease until the
count is completed.

c. The count must be accurate. Make a positive verification to ascertain that

the inmates are physically present. Making a count on the basis of seeing
any part of his clothing, hair or shoes is not a good counting procedure.

d. Submit a report of each count of a group of inmates to the Warden and/or

Assistant warden.

e. If the total jail count does not tally with the total jail population at any
given time, make another count. Render an immediate report to the
Warden and/or Assistant warden for any unaccounted inmate.

Section 33. SECURITY PROCEDURES DURING MEAL SERVICE

Security must be considered in the serving of food inside the cells/quarters. A jail
officer should not enter the inmates quarters to distribute food unless another
officer is available to handle the keys and control the entrance door. When the
feeding is to be accomplished with only one officer on duty, it is essential that food
be served without unlocking the door if there is any danger of being overpowered by
the inmates.

Section 34. DINING ROOM SECURITY For jail facilities that have
separate dining or mess halls, the following shall be observed:

a. As a general precaution, individual mess utensils of inmates shall be made

of plastic.

b. When dining rooms are provided, the inmates should march in a column of
twos along designated routes under the supervision of one or two jail
personnel. Station other officials along the route to direct the orderly
movement of inmates to and from the mess hall.

c. Designate a roving supervisor to handle any disturbances or settle

complaints.

d. After meals, collect all utensils used by the inmates. This should be
strictly supervised by jail personnel to be sure that no utensils are brought
out of the dining room.

e. Check and account for all forks, spoons and other kitchen utensils after
every meal.

Section 35. MAIL CENSORSHIP To ease the strain of prison life,

inmates should be encouraged to maintain wholesome contact with friends and
relatives through correspondence. News about friends and relatives may relieve the
depressing mood that develops when one is shut off from the outside world.
However, the privilege of sending and receiving mail that is extended to inmates

22
should be properly supervised and handled to obviate the possibility of smuggling
contraband and using this medium as a means of illicit communication. Generally,
mails for or from counsel of inmate shall not be censored. Should a cause to inspect
the same exists, the mail may be opened and inspected but the letter shall not be
read.

The following procedures should be strictly observed when censoring mail:

a. Mail shall not be distributed to the inmates until the censors have
examined them.

b. Mail shall only be opened and search by qualified, trained and authorized
jail personnel in the presence of inmate addressee.

c. Letters containing currency, checks or money should be marked with the

amount enclosed and deposited with the Trust Officer/Property Custodian.
The receiving officer should list down the amount received on a receipt
form in duplicate. The original receipt signed by the receiving officer
should be kept for the record and the duplicate copy should be given to
the inmate for his information.

d. Carefully examine all greeting cards and collect fillers of any kind found
therein for laboratory examination.

e. Photographs that are clearly within the scope of jail regulations should be
marked on the opposite side and placed in the envelope.

f. Bring to the Wardens attention any item or correspondence or enclosure

that does not conform to regulations or are detrimental to security, order
and discipline of the jail.

g. In the censoring of mail, prison slang, unusual nicknames and sentences

with double meanings should be carefully studied and analyzed to
determine the real meanings.

h. Forward to the Officer-in-Charge of mail censorship all letters containing

statements concerning the security or reputation of the jail, like attempts
to escape or smuggling/trafficking of contraband, and statements that
may affect existing rules and policies.

i. All letters passed by censors should bear the censors stamp at the top of
each page and on the envelope. The letter should be placed back in the
same envelop and resealed.

j. A listing of mail for inmates should be properly posted in a conspicuous

place. A copy of such listing will also form part of the records of the jail.

23
 k. If the inmate fails to claim his letter within twenty four (24) hours after it
has been posted, the mail should be delivered to him.

l. Do not discuss the contents of inmates mail with other jail personnel,
except for official purposes.

m. All outgoing mails shall pass through the normal mail facility of the jail
subject to the usual censorship.

Section 36. MOVEMENT/TRANSFER OF INMATES Prisoners or

detainees may be moved or transferred under specific circumstances, as outlined
below.
.

a. Subject to the conditions set forth by the succeeding Sections, an inmate

may be brought out from a jail in any of the following instances with
appropriate order of the court:

1) To appear, in his behalf as witness in his behalf or others, before any

court of justice or prosecutors office during preliminary investigation,
arraignment or hearing of a criminal case.

2) To appear as witness in any investigation or formal inquiry being

conducted by a government agency.

3) To view the remains of a deceased relative within the second degree of

affinity or consanguinity.

4) To undergo medical examination or treatment in an outside hospital or

clinic.

b. An inmate may be transferred to another institution only upon specific

Order of the Court having jurisdiction over him/her, except in cases of
serious illness where hospitalization is necessary, and the detainee has to
be immediately taken to the nearest hospital, with the Court subsequently
notified.

c. In any emergency like a riot or other jail disturbances that happen on

week-ends, and when the transfer to other jails of inmates involved is
IMMEDIATELY necessary to ensure the safety and security of the jail, the
Warden, under such compelling situation, can recommend to the Regional
Director verbally or in writing, their immediate transfer to another jail
provided that, on the first hour the following working day, the Court
concerned must be informed of the said transfer and a commitment order
by the proper court must be issued, otherwise, the return of the
transferred inmates is imperative.

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d. For those inmates who wish to view the remains of a deceased relative
within the second degree of consanguinity and affinity, court order must
be obtained. The written request must be accompanied by the following
documents:

1) Death Certificate of the deceased relative duly certified by the

attending physician or Local Civil Registrar.

2) Burial permit.

3) The appropriate certificate as indicated after the name of each

deceased relative, as follows:

a) Spouse - Marriage Contract

b) Children - Birth Certificate of the deceased child and Marriage

Certificate of the inmate.

c) Brother or Sister - Birth Certificates of the inmate and his/her

deceased brother or sister.

d) Father or Mother - Birth Certificates of the inmate and his/her

deceased parent.

e) Grandparent - Birth Certificates of the inmates and his/her parent

who is the son or daughter of the deceased.

f) Grandchild - Birth Certificates of the deceased and the detainees

son or daughter who is the father or mother of the deceased.

e. The court order to view the remains of a deceased relative shall be filed
with the Office of the Warden at least three (3) days before the privilege
sought can be enjoyed, unless than court order says otherwise.

f. The inmate shall not be allowed to stay more than three (3) hours in the
place where the remains of the deceased relative lie in state; further, the
detainee shall not be allowed to join the funeral cortege.

g. The Warden shall timely oppose to the appropriate Court or government

agency the request of an inmate to view the remains of a deceased
relative in any of the following cases:

1) The deceased relative is lying in state in a place beyond a thirty (30)-

kilometer radius from the place of confinement of the inmate or, in any
case, where the inmate cannot return to said place during daylight
hours.

2) The detainee has a record of escape.

25
 3) The detainee has two or more pending criminal cases or is a vital
witness in a pending criminal case.

Section 37. COOPERATION BETWEEN JAIL WARDENS REGARDING

TEMPORARY TRANSFER OF INMATE Jail authorities must agree on the use of
facilities for the temporary detention or imprisonment of an inmate from other
localities before, during and after trial. Wardens effecting the movement/transfer of
an inmate shall shoulder all expenses for transportation and other incidental
expenses of the same while confined in other jails. The classification standards of
the BJMP as to age, gender, inmates with special needs etc. shall be observed while
in temporary detention.

Section 38. RULES TO BE FOLLOWED DURING TRANSFER OF

INMATES Whenever the transfer of inmates to other jails is effected, the
following rules shall be observed:

a. The responsibility for the security of the inmate about to be transferred

shall remain with the custodian until all the procedures for the receipt by
the other custodian are accomplished. Whenever possible, transfers shall
be made during the day. Any movement or transfer of inmates shall be
treated confidentially.

b. Prior to movement, all jail officers shall be given detailed instructions on

their duties and responsibilities, to include specific instructions that the
most direct route to the destination must be followed.

e. In all instance an inmate being moved shall be handcuffed. When two or

more inmates are transported, each must be secured to the other. In no
case shall an inmate be handcuffed and secured to any part of the vehicle
during transit to avoid being trapped in case of accident.

f. Two techniques in hand cuffing;

Rear Position Front Position

- thumbs-up - thumbs down
- palms out - palms out
- double locked - double locked
- key holes facing up - key holes facing up
- used for hostile or violent inmates - used for general population

g. Before any transfer, all inmates shall be thoroughly inspected and

searched for dangerous weapons or objects which may be used for escape
or self-destruction.

h. Guidelines for using restraint;

26
 - Never place a restrained inmate in an area where unrestrained
inmates are located;
- Never handcuff an inmate without double-locking both handcuffs;
- Never handcuff a male inmate to female inmate;
- Never handcuff an adult to a juvenile inmate;
- Never handcuff a maximum to a medium or minimum inmate;
- Never allow inmate to be handcuffed for a prolong period of time;
- Restraint never to be used as punishment.

e. As a general rule, inmates under escort shall always be under the watchful
eye of the jail officer. The jail officer shall always be close enough to the
inmate being escorted to be able to respond effectively in case of
emergency.

f. The following basic security precautions shall be observed during the

transfer/movement of inmates:

1) Do not allow inmates to tinker with the handcuffs.

2) Always ascertain that the inmate does not have crippled, deformed, or
very small hands that will allow him/her to slip the handcuffs off.

3) Regard all inmates being transferred as extremely notorious, to avoid

being careless.

4) Adjust the cuffs properly for tightness to avoid the need of adjustment
while en route.

5) Do not allow an inmate to go to a toilet or wash-room alone or

unattended.

6) The inmate should always board the vehicle ahead of the Jail Officer.
The inmate should always precede the jail officer into an automobile.

7) A jail officer shall be extra careful not to sit, stand or walk next to an
inmate while carrying a gun, as it can be easily grabbed from him.

8) Stopping along the highway while in transit is highly discouraged,

especially when transporting prisoners by vehicle hired solely for the
purpose.

g. In case an inmate is transferred from one jail to another facility or

correctional institution, his/her carpeta or jail records must be forwarded
to the jail where he/she is to be confined and duly received by the
designated Records Custodian.

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 Section 39. EMERGENCY PLANS Emergency plans for both natural and
man-made calamities and other forms of jail disturbances shall be formulated to
suit the physical structure and other factors peculiar to every jail, such as:

Natural Calamities Man-made Calamities/ Disturbances

a. Fire a. Riot
b. Flood b. Jailbreak
c. Earthquake c. Noise barrage
d. Tsunami d. Hostage-taking
e. Landslide e. Epidemics
f. Typhoon f. Food poisoning
g. Volcanic eruption g. Rescue
h. Others h. Biological attacks
i. Bombing
j. water shortage
k. power failure
l. others

Section 40. REGULAR DRY- RUN To ensure that the contingency plans
would be applied to its letters, regular dry run shall be conducted taking into
consideration the actual strength of the jail per shift and the absolute reaction of
personnel on off duty upon notice of disturbance/s. Regional and Provincial offices
of the Jail Bureau shall adopt its own contingency plans on how to react upon
notice of any disturbance in the jail and on its own offices. The same shall likewise
conduct a regular dry-run to ensure effective and well-organized reaction.

RULE VI
DUTIES AND RESPONSIBILITIES OF BJMP PERSONNEL IN THE
FRONTLINE SERVICE

Section 41. DUTIES AND RESPONSIBILITIES OF BJMP PERSONNEL

ASSIGNED IN JAILS The following are the specific duties and responsibilities of
personnel assigned in a particular jail:

Jail Warden

a. Generally, exercises supervision and control over all personnel in

the jail unit and the inmates in the:

- proper implementation of legal orders, rules and

regulations and directives on jail operation and
administration.

- Administers sanctions and other disciplinary actions on

inmates and report to higher authority those personnel

28
 under his command who willfully disobeys lawful order
and any infraction of law.

- Supervises in the Conduct of greyhound operations and

inspections of jail facilities and premises.

c. Looks after the welfare of his men through awards,

commendations and the like;

- Leads and enforces a high standard of discipline among his

personnel.
- Endeavors to promote personal and professional growth of
subordinates.
- Observes fairness and impartiality in dealing with personnel
and inmates.
- Upholds always human rights and observes the code of
conduct.

f. Assumes responsibility for the formulation and implementation

of emergency plans to preclude occurrence of jail incidents and
disturbances;

- Acts as adviser to the PA with implementation of plans,

programs and policies of the Jail Bureau.

g. Delegates work activities to his subordinates and ensure their

accomplishment through effective monitoring system;

h. Ensures proper use and maintenance of equipment;

i. Coordinates with GOs or NGOs and/or the media groups;

j. Acts on other matters as his PA and/or ARD may direct;

l. Submits periodic and spot reports, if necessary, to higher

offices;

m. Turn-over duties and responsibilities including supplies, logistical

funds, organic equipment, records, paraphernalia, books and
magazines to the incoming jail warden upon relief or such
needed records, supplies and equipment to his designated OIC
during his absence; and

n. Performs such other functions as higher offices may direct.

Assistant warden

29
 a. Assumes the duties and responsibilities appurtenant to the Warden
in the latters absence;

b. Assists the Jail Warden in the implementation of plans, programs

and policies of the Jail Bureau;

c. Assists the Jail Warden in the supervision and monitoring of various

projects, programs and policies of the Jail Unit;

d. Assists the Jail Warden in the over-all management of the Jail Unit;

Human Resource Management Officer (HRMO)

a. Supervises the implementation of administrative policies relative

to the proper wearing of uniform, attendance and participation
in jail functions.

d. Implements programs for welfare development and upliftment

of morale and discipline;

e. Prepare the necessary reports for submission to PA and the

Regional Office;

f. Shall be responsible in the safekeeping of administrative and

personnel records or 201 file;

g. Prepares Office Orders, Details and Disposition of Personnel,

Memoranda, Issuances and other communication as instructed;

j. Programs activities on Jail Information and Education, Training

and Seminar and Sports Development;

k. Prepares the performance evaluation of each personnel;

l. Coordinates with NGOs/LGUs pertaining to personnel

development on sponsored seminars and trainings;

Desk Officer

c. Disseminates all instructions received from the Jail Warden and

higher authorities to all concerned individuals;

d. Courteously receives incoming telephone calls, letters, mails,

and other items requiring appropriate action or disposition;

30
e. Serves as the Information Officer of the Unit;

f. Records daily activities in the journal including special events,

occasions, VIP arrivals and unusual occurrences;

g. Maintains publication of letter/special orders and other

disseminations in the bulletin board such as lost and found
items, wanted persons, etc.;

h. Safekeeps and maintains a separate logbook for visitors;

j. Carefully checks the credentials of the person(s) bringing in

inmate to determine his/their identity and authority;

k. Carefully examines the arrest report and the authenticity of the

Commitment Order or mittimus and determines the legality of
his detention;

l. Observes the physical condition of detainee prior to his

acceptance and submits him for a thorough medical examination
in case of suspicion, apparent injury, illness, intoxication or signs
of drug influences;

When it is not possible for the Jail Physician to be present

during the admission of the inmate, the receiving officer shall
record his personal observation of the mental alertness, overall
appearances and any physical abnormalities or appearance of
rashes or scratches or other identifying marks of the inmate in
his desk office logbook and coordinates with the Records
Officer, Admin Section, for its subsequent entry in the Jail
Booking Report;

n. Refers the detainee to the Receiving Officer for booking,

orientation on Jail Rules and Regulations and issuance of
uniform/beddings;

o. Informs the Warden of any infraction/violation made by the

inmate while in custody for appropriate investigation and
disposition by the Jail Warden or the Disciplinary Board;

p. Acts as Control Officer, sounds the alarm in case of escape or

jail disturbances, alerts personnel on duty including those not in
duties and receives emergency instructions from the most senior
officer on post or until the arrival of the Jail Warden;

31
Court Verifier

b. Verifies authenticity of Court Orders, Records such as subpoena,

Order of Release, Mittimus, Bail Bond and other pending and
decided cases, if any;

d. Follow up Mittimus and other documents or papers necessary

for the transfer of prisoner to a Correctional Institution;

e. Informs the court of the names, cases and dates of detention of

inmates who have not been arraigned yet;

f. Secures Court Clearances and photocopies of legal documents;

g. Records all documents received from courts, from prosecuting

attorneys and counsels; and

h. Monitors and prepares a status report of pending and resolved

cases of inmates.

Liaison Officer

a. Coordinates and officially transacts business with courts, and

other government agencies, NGOs and LGUs on jail programs,
projects and activities as directed by the warden;

b. Informs the Chief, Admin, results of the daily transactions and

liaisoning activities;

Property Custodian

a. Maintains inventory records of properties/equipment and

supplies;

e. Installs markings, tags or symbols on equipment/properties to

determine level of priority during evacuation phase;

f. Receives and records all equipment and supplies issued by the

Regional Office and Local Government Units including those
donated by NGOs;

g. Issues firearms, equipment and supplies to personnel

concerned;

h. Accounts properties received from the Regional Office, LGUs and

NGOs;

32
 l. Issues receipt of deposited FAs and provides a certification
when an individual applies for leave or retirement;

m. Updates records and other issuances;

o. Takes custody of all confiscated/recovered contraband with

corresponding markings necessary as material evidence in court;
and

p. Receives and issues corresponding receipt of deposited money

and personal properties of detainee upon his admission in jail.

Escort Personnel

b. Coordinates with Chief, Admin and determines the number and

names of inmates scheduled for court hearing and their places
of destination;

c. Accomplishes and signs the Daily Escort Slip indicating therein

the names of corresponding security escorts and inmates, the
cases of inmates and courts concerned for information of the
Jail Warden;

d. Accounts all members of the escort services, their firearms and

equipment to include drivers and vehicles;

e. Inspects carefully all security devices to be used during tour of

duty such as handcuffs, probaton, metal detector, firearms, etc.;

f. Gives specific instructions to all security escorts during their tour

of duty and keeps all movements or transfer of inmates as
confidential as possible;

g. Coordinates with the supervisor of the Custodial Force and

keymen and informs them of the names of inmates scheduled
for court hearings as indicated in the escort slip earlier approved
by the Jail Warden;

h. Personally supervises the use of handcuffs and color coded T-

shirts of inmates while being led out of the cell until the return
to their respective cells;

i. Supervises and institutes security measures while inmates are

being led out of their cells;

k. Coordinates with supervisor of Custodial Services on body

search of inmates before and after being escorted;

33
 l. Presents the inmates in person to the court on time;

n. Monitors the escorting of inmates to courts, other authorized

places of confinement and to hospitals in cases of emergencies;

p. Supervises the assignment of escort personnel in court and its

premises;

q. Maintains regular contact with the Jail Warden on all movements

or transfer of inmates;

b. Accounts all inmates to be led out of jail premises for court

hearing and/or hospitalization during and after assumption of
tour of duty;

c. Checks the names of inmates indicated in the escort slip duly

signed by the escort supervisor;

f. Escorts inmates to courts, other authorized places of

confinement and to hospitals in cases of emergencies;

m. Provides security during the conduct of body search by the

searcher of the custodial service before and after the court
hearing;

p. Participates or augments custodial services in the conduct of

operation greyhound and other security services.

Driver

a. Ensures that the vehicle is in good condition through proper

maintenance.

f. Secures trip ticket and keeps a record of departure and arrival

from every authorized travel including record of events, if any;

j. Drives safely and maintains alertness against any attemp of

escape, rescue or ambush;

m. Informs the Jail Warden of any lost or damage part of vehicle to

be repaired/replaced;

n. Cause the immediate repair/replacement of the vehicles lost or

damaged part;

o. Safekeeps the vehicle, tools and spare parts when not in use;

34
 p. Keeps himself ready for routine inspection and inventory of
vehicle, accessories and equipment; and

Custodial Services

c. Accounts personally inmates before, during and after

assumption of tour of duty including those confined in hospitals,
if any;

e. Supervises the proper use of water and lighting facilities in jail;

f. Supervises the entry and exit of authorized vehicles, personnel

and visitors in consonance with existing BJMP Rules and Regulations.
- Ensures that no firearm shall be permitted inside jail premises
except in some areas where firearms are authorized.
- Supervises the conduct of search on newly admitted inmate to
prevent entry of contraband.
- Supervises the conduct of search operations on visitors at
designated place, food stuff being brought in and vehicles
entering jail premises.
f. Supervises in the documentation/recording of confiscated
contraband and arrest of concerned individuals for further
investigation by concerned agency;

- Relays instructions/directives received during tour of duty to

the incoming supervisor.

g. Immediately informs Jail Warden in cases of emergency

pertaining to jail incidents.

h. Coordinates with PNP and other law enforcement agencies in

case of jail incidents, such as riot, escape or fire.

i. Properly turns over all firearms/equipment, records of number of

inmates to the incoming supervisor.

e. Conducts frequent inspection of jail facilities such as window

grills, cells, aisles, toilets, rooms and other premises to detect
tampering or defects;

g. Supervises and maintains order and discipline of inmates in

housing units, those assembled for religious services,
entertainment and athletics, during meals, classes, work details,
baths and visits;

h. Supervises all inmates in cleaning their respective cells and

premises to avoid occurrence of disease;

35
 i. Remains in post before, during and after the conduct of security
operations in jail;

j. Implements all existing security measures, monitors movements

of inmates and gathers information to prevent escape and other
jail incidents;

k. Monitors jail situation during tour of duty;

l. Secures visitors during their official stay in jail;

Gater

b. Takes instruction and legal orders from duty supervisor;

d. Remains in post before, during and after the conduct of security

operations in jail;

e. Opens the gates for personnel or individuals who have official

business inside the jail;

g. Observes utmost courtesy in dealing with visitors and employees

in every admission check, search and documentation process;

h. Identifies and checks individuals coming in and out of the

facility;

i. Allows only authorized individuals to enter and visit inmates;

l. Immediately informs supervisor of custodial service/Jail Warden

in cases of escape and other jail incidents; and

Searcher

e. Conducts thorough search on a newly admitted inmate followed

by a careful examination of his clothing for contraband;

f. Conducts a thorough body search of all inmates leaving out of

jail for court hearing and other places of appearance mentioned
in the Court Order, and does the same process upon their return
to jail;

g. Scrutinizes all incoming and outgoing letters of inmates in order

to prevent the entry of contraband and plan of escapes;

h. Informs visitors that they are subject to search and inspection;

36
 i. Conducts body search of all visitors including jail personnel
coming in and out of jail premises;

j. Female searchers conduct body search only on female visitors

and in the presence of at least two other lady searchers;

k. Strictly implements SOP on searching procedure and allows no

visitor who refuses to be searched to enter the jail;

l. Inspects thoroughly all things and foodstuffs brought in by all

visitors;

m. Seizes and records all materials considered contraband and

arrests the violators;

Keyman

e. Maintains system of key control which shall include accurate

listing of all keys and receipting them and never permitting
inmates to handle keys or study them;

f. Personally accounts all keys before and after assumption of duty

to determine whether all keys are still intact;

g. Ensures that keys to all emergency exits, cells, brigades and

stage places of fire-fighting equipment are made available;

h. Provides all keys with tags, marked distinctly to avoid confusion

during emergencies;

i. Reports immediately to the supervisor any lost or damaged

padlocks or keys;

m. Adheres to the Eleven General Orders.

Rehab Services

c. Keeps records and reports of all rehabilitation activities and

accomplishments;

d. Establishes coordination with GOs, NGOs, and the community

through the Jail Warden on every rehabilitation activity
undertaken;

e. Coordinates with various religious sect in the implementation of

religious activities/programs in jail;

37
 g. Supervises the use of tools and other potentially dangerous
articles such as bottles, acids, kitchen knives, etc. and keeps
them out of inmates reach when not in use;

h. Supervises the orientation of inmates on all BJMP Rules and

Regulations related only to their detention;

i. Supervises issuances, safekeeping, accounting and disposal of

rehab materials and items;

k. Accounts and secure properly in a safe place kitchen utensils,

knives, and other rehab materials inaccessible to inmates.

Inmates Welfare Officer

c. Coordinates with the custodial force in the delivery of basic

inmates needs such as food ration, clothing, sleeping mats and
beds, potable water supply, light and ventilation, hygiene and
sanitation, reading and recreation materials, visitation and
correspondence;

e. Assists the Chief, Rehab Section, in the delivery of rehabilitation

services like medical and dental, neuro-psychiatric and
psychological treatment of inmates;

f. Provides inmates with education and skills training programs,

and work programs to enhance their chances for employment
upon release;

g. Provides opportunity to inmates in attending religious services,

guidance and counseling, and coordinates in promoting inmates
welfare program;

h. Promotes participation of inmates in civic programs and

activities, values formation, group dynamics, etc.

i. Gives opportunity to inmates for active participation in a variety

of recreation and sports activities in jail;

j. Assists in coordinating for the early release of inmates through

application of decongestion services and para-legal liaisoning;

l. Briefs or orients inmates on Jail Policies and Regulations; and

38
Rehab Officer

e. Screens inmates with potential ability to undertake rehab

education, training and work programs;

f. Initiates implementation of supplementary programs/activities to

enhance the rehabilitation of individual inmates;

g. Conducts continuing study to determine the effectiveness of

every rehab program/project/activity being implemented and
makes appropriate recommendations;

h. Conducts periodic inventory of rehab supplies and materials, so

as to prevent pilferage, loss or manufacture of improvised
deadly weapons by inmates and submits report thereon;

i. Coordinates closely with the Inmates Welfare Officer relative to

decongestion program and rehab activities;

j. Improves productivity of viable livelihood projects through

employment of cost-saving measures, search of better market,
increase in yield or production and quality enhancement; and

k. Accounts inmates who have been fully rehabilitated and

recommend their possible employment upon release.

Medical Officers

a. All offenders committed in District, City and Municipal Jails, and

BJMP personnel are entitled to available health services;

c. Newly committed offenders shall be thoroughly evaluated,

examined and properly recorded. Emphasis must be made on
external signs of trauma like abrasions, contusions, hamtomas,
etc. Companions of offenders must be noted and recorded
including jailguards during attendance;

g. Establish and maintain proper coordination with Local

Executives, Local Health Units and civic health organizations for
seeking health-related assistance;

h. Shall coordinate and/or assist in the conduct of medical missions

by benevolent groups, association and agencies;

j. Referral of Patients to a hospital/clinic;

39
 k. Shall perform actively in the physical examination, diagnosis and
treatment of medical and surgical cases affecting offenders and
personnel;

l. Shall conduct daily progress records of al confined patients in

our stations. Patients hospitalized in other health care
institutions shall likewise be monitored and properly recorded;

m. Shall supervise and provide technical assistance to all health

personnel in the conduct of health care delivery;

n. Shall conduct epidemiologic studies of disease affecting

personnel/ offenders and other relevant statistics;

Dental Officer

a. All offenders committed in District, City and Municipal Jails, and

BJMP personnel are entitled to available health services;

c. Newly-committed offender shall be thoroughly evaluated,

examined and properly recorded. Emphasis must be made on
external signs of trauma like abrasions, contusions, hematomas,
etc. Companions of offenders must be noted and recorded
including jailguards during attendance;

g. Establish and maintain proper coordination with Local

Executives, Local Health Units and civic health organizations for
seeking health-related assistance;

h. Shall coordinate and / or assist in the conduct of medical

missions by benevolent groups, association and agencies;

Jail Nurse

a. All offenders committed in District, City and Municipal Jail, and

BJMP personnel are entitled to available health services.

c. Newly-committed offenders shall be thoroughly evaluated,

examined and properly recorded. Emphasis must be made on
external signs of trauma like abrasions, contusions, hematomas,
etc. Companions of offenders must be noted and recorded
including jailguards during attendance.

g. Establish and maintain proper coordination with Local

Executives, Local Health Units and civic health organizations for
seeking health-related assistance.

40
 h. Shall coordinate and / or assist in the conduct of medical
missions by benevolent groups, association and agencies.

i. Shall properly document and report to higher authorities all

kinds of donations given to offenders and / or office.

l. Conducts regular assessment of health situation of inmates in

jail.

m. Programs health activities in jail, such as medical mission, health

education and other related health activities and acts as
medical/health records clerk.

o. Administers medications of general prescription for common

diseases in the absence of a Medical Officer.

p. Conducts frequent health education to inmates emphasizing on

the importance of personal hygiene in the prevention of
diseases.

q. Provides first aid or emergency assistance to inmates.

t. Coordinates with the city/municipal Health Officer and other

agencies, NGOs for assistance, medical check-up and treatment
of inmates.

Section 42. MULTI- FUNCTIONS OF JAIL PERSONNEL Multi-

functioning of jail personnel is encouraged considering the shortage of human
resources. However, shall take into paramount consideration safekeeping functions
of jail personnel.

Section 43. SCHEDULE OF JAIL PERSONNEL The jail warden shall

draw a plan schedule of leave of absence and rotation of jail designation of
personnel within his/ her AOR to avoid depletion manpower at any time of the day.

RULE VII
REHABILITATION SERVICE

Section 44. PURPOSE. - To change inmates pattern of criminal behavior

and reform them into a law-abiding and productive citizens through the
implementation of rehabilitation programs in jails.

Section 45. TREATMENT PROGRAM. - The treatment of inmates shall be

focused on the provision of services designed to encourage them to the fold of
justice and enhance their self-respect, dignity and sense of responsibility as follows:

41
a. Provisions for basic needs of inmates;
b. Health services;
c. Education and skills training;
d. Religious services, guidance and counseling services;
e. Recreation, sports and entertainment;
f. Work programs, such as livelihood projects;
g. Visitation Services; and
h. Mail Services;

BASIC NEEDS OF INMATES.

a. The provision for basic needs physiological needs is the first consideration
before any effective rehabilitation or treatment program can be
undertaken.

b. These basic human needs are: food, clothing, shelter, water, lighting and
soap.

c. Food Services

(1) There shall be a Mess Service Unit in every jail, which is responsible for
the daily preparation, handling and delivery of food to inmates.
(2) The Unit shall be responsible for the daily allocation of ration to inmates
based on an accurate body count.
(3) It shall coordinate with the custodial force in the supervision of food so
that equitable distribution is maintained.
(4) The food rations for distribution shall not be taken from the mess hall
or designated dining places unless permission is granted by competent
authority.
(5) An inspection team shall supervise the preparation and distribution of
food to inmates.
(6) Special menu shall be allowed to inmates undergoing medical
treatment and also that by reason of religion prohibits eating certain foods.

d. Shelter or living space with appropriate ventilations.

1) Each inmate shall, upon admission to the jail, be assigned in a cell

where he is given a bunk or a steel/wooden bed, mat, pillow, blanket
and mosquito net.

2) Each inmate shall keep his immediate vicinity clean and sanitary at all
times.

42
HEALTH SERVICE

a. The Health Service shall aim to provide quality health care among
uniformed and non-uniformed personnel, and their qualified dependents,
and inmates in various city, district, and municipal jails nationwide under
the Bureau of Jail Management and Penology specifically, the BJMP health
service shall:

a1) to assist the Chief of the Bureau regarding health matters of

inmates and personnel;

a2) assist in the total health care delivery in consonance with

national development;

a3) provide opportunities for professional growth and development

among its health personnel;

a4) provide medical, neuron-psychiatric, and dental evaluations

among BJMP applicants to ensure for a highly professionalized
service;

a5) formulation of health policies of the Bureau based on relevant

researches of the health needs;

a6) to coordinate with local health executives, medico-legal

associations, and other civic organizations regarding health
concerns of the locality;

a7) to conduct psychological rehabilitation of inmates in line with the

total rehabilitation of inmates;

a8) Provide examination, diagnosis, and treatment of medico-dental

patients of the BJMP;

b. The Health Service shall be composed of competent medical,

neuropsychiatric, dental, nursing, and paramedical staff to attend to the
health care needs of the Bureau. Personnel and health facility acquisition
must be in accordance with the health care demands of its patients and
sustained by appropriate budget. It must have one functional or
operational Infirmary for every Region. Smaller jails must have at least
permanent nurse assigned. In cases, where health care provision is not
available, patient should be referred to the local health authorities.

c. The following health care provision shall be strictly observed in the Jail
Bureau:

43
1. Inmates

a) Physical examination will be conducted by the Health Service of the

Bureau in coordination with the Local Health Units of the Local
Government Units in the area to every inmate to determine his/her
physical or mental illness; to segregate inmates afflicted with infectious
or contagious diseases; or identify physical or mental defects which
may cause effect in the rehabilitation efforts of the Bureau to its
inmates;
b) Inmates must have physical and mental examination prior to transfer
to any jail whenever feasible. Clinical Abstract must be provided in
case the inmate had significant ailment during his confinement.

c) Inmates are entitled to medical, dental, and psychiatric evaluation

and treatment when necessary. He/she shall be provided with
available medicines free of charge. Other medical requirements like
medicines, supplies, and or laboratory examinations must be borne by
the inmate.

d) Referral of inmates for health reasons: Inmates requiring special

examination and/or treatment shall be referred correspondingly.
However, proper coordination with the Warden and Courts shall be
obtained prior to actual referral. Only when in actual or imminent
danger requires immediate medical attention shall an inmate be
allowed to leave the jail premises without the court order provided that
the court will be properly informed later. Thereafter, proper security
escorts must be provided to prevent escape.

e) When brought to hospital of immediate treatment, a court order

must be secured latter from the court concerned when further
medication will be required by the hospital.

f) Notification of death, illness and transfer.

a. All inmates who die inside the jail shall be referred to the nearest
government agency that conducts autopsy like NBI, PNP Crime
Lab and government hospital with autopsy capabilities. Spot
reports and an immediate investigation will be conducted and
result of which will be submitted to Provincial Jail Administrator.

b. Upon the death of serious illness of, or serious injury to an

inmate, the Warden shall at once inform the spouse, if the inmate
is married, or the nearest relative shall in any event inform any
other person previously designated by the inmate.

g) The Health Personnel shall also be concerned with the following:

44
 a. Quantity, quality, preparation and service of food.
b. Hygiene of inmate.
c. Sanitation, heating, lighting and ventilation.
d. Suitability and cleanliness of the inmate in clothing and
bedding.
e. Observance of physical fitness program.

h) The Health Service shall render report to the Chief, BJMP regarding
health
condition of the inmates.

2. Personnel

a) All personnel of the Bureau can avail of Health Services like medical,
dental and psychiatric consultations and treatment. They are also
entitled to free medicines if available.
b) All personnel who were either hospitalized or met accident while in
line of duty are entitled to reimburse and/or hospitalization expenses
in accordance with the existing guideline.

EDUCATION AND TRAINING

A. Every jail shall provide inmates with any of the following education and
training programs:

1) Non-formal Education for Adult which is designed to improve their

communication and computation skills, such as the ability to read and
write in order to enhance their individual educational level. After
training, the student shall be issued a certificate of completion of the
program which shall form part of his jail record.

2) Secondary Education Program designed for a regular high school

diploma in coordination with the Department of Education (DepEd). A
student shall be considered to have completed the program when all
credits required for a regular high school and diploma shall have been
earned and accredited.

3) Skills Development through one or more programs of occupational

education designed to enhance chances for employment upon release.
This program shall include Vocational Training, On-the Job Training in
Apprenticeship.

a. Vocational Training is a program aimed at preparing the inmate for

an occupation by acquiring a specific skill, such as automotive
mechanics, tailoring, handicrafts, electronics, etc.

45
 b. Apprenticeship is the program conducted under the direction of a
supervisor who is responsible for instructing the apprentice in all
aspects of a given occupation.

B. Every jail, whenever possible, shall have an Education Section which shall
be tasked to oversee, supervise and monitor the education and training
programs for all inmates. The Education Section of each jail shall be
guided by policies of the Bureau.

C. The following conditions must be satisfied before any education/training

program is undertaken:

1) A written curriculum delineating objectives and duly approved by

competent authorities including programs of instruction;

2) Pre and post-assessment of the student and courses; and

3) A periodic external review and evaluation of the value, relevance

and effectiveness of the program.

D. The following guidelines or instructional formats, teaching techniques and

jail population data on characteristics and learning needs of detainees are
prescribed:

1) Enrollment techniques and methods shall be established in

accordance with the standards set by the Education Sector of
government or private institutions.

2) Instructional techniques and methods shall be variable and flexible,

employing such approaches as open-ended courses, individualized
instruction, individual prescriptive instructions and mini-courses
consistent with student needs and interest. Education officers
shall strived to achieve an optimum utilization of staff, resources
and facilities, using inter-linkages with other appropriate
agencies.

3) The education program shall operate on a semestral basis with

minimum break period for holidays, similar to the regular course
offerings of outside schools and colleges.

4) Opportunity for inmates to participate in supervised learnings,

recreation and leisure time shall be made available daily.

5) Each educational program shall develop and establish maximum

use of community resources. This can be done in the form of the
livelihood programs, correspondence courses, etc.

46
RELIGIOUS SERVICES, GUIDANCE AND COUNSELING SERVICES.

A. Every jail, whenever possible, shall extend to inmates the greatest amount
of freedom and opportunity pursuing individual religious beliefs and
practices as an essential part of the mission to rehabilitate the inmates.

B. All religious services shall be under the direct supervision of the Warden or
his Staff or chaplain who must conform to the general guidelines on the
matter prescribed by the Jail Bureau.

C. Rules, regulation, and policies with regards to the safety of inmates and
orderly conduct of affairs of inmate shall apply to all places of worship and
religious activities and meetings in jails.

D. Attendance in worship, religious activities and meetings shall be voluntary.

The opportunity to attend religious services, activities or meetings shall be
offered unless there is a compelling reason to the contrary. Normally, work
assignment should not preclude attendance to religious services, activities
or meetings.

E. Places of worship, religious activities and meetings shall be scheduled with

reasonable frequency. The jail chaplain and/or religious group shall lay out
their religious activities/schedules in advance coordination to the Warden.

F. Whenever possible, in large jails there shall be a Jail Chaplaincy Service,

which shall be entrusted with the following responsibility:

1) Ensure that spiritual-moral-pastoral care is made available to

inmate;

2) Ensure that crisis-intervention and adequate spiritual awareness

formulation programs are available to jails;

3) Ensure proper coordination, supervision and monitoring of religious

volunteers from outside agencies who regularly visit the jails; and

4) Ensure that Jail Bureau officials are provided with spiritual advice
and assistance in religious programs.

G. The following principles shall be the bases of all religious activities and
service programs.

1) Everyone shall respect the religious beliefs and moral precept of

each sect to which an inmate belongs. Maligning or insulting any
religious belief or sect is prohibited.

47
 2) Equal opportunity shall be given to all religious denominations,
subject to security measures.

3) Unless otherwise provided, all personal communication of an inmate

made to a chaplain or priest neither as a formal act of religion or a
as matter conscience, shall be treated as a privileged
communication. The chaplain or priest concerned shall not be
required to disclose it.

4) The Chaplaincy or the officially designated religious officer shall

supervise all religious activities within the jail.

5) Religious books and related reading materials shall be made

available to inmates.

H. The following programs and services shall be applied accordingly:

1) For the newly-admitted inmates

a. The Chaplain interviews the inmate at the designated Reception

Room, and fills up two (2) forms of the religious profile of the
inmate.

b. Chaplain likewise conducts an orientation program as regards the

services being provided by the Office of the Chaplain, the time
places where these services are provided, procedures to be
followed as to schedule, religious opportunities available through
moral development programs.

2) Pastoral activities shall be made an integral part of the jail program

and shall include the following, whenever appropriate:

a. Guidance and counseling;

b. Crisis-intervention services;
c. Education/ value formation/ indoctrination program;
d. Worship/prayer/liturgical services;
e. Ritual or ministerial services;
f. Pre-release religious services

3) The Chaplaincy services shall meet the demands of inmates for

religious education and instruction. They may utilize the services of
voluntary and contractual religious leaders to supplement the
religious program or meet special denominational needs.

48
RECREATION AND SPORTS PROGRAM

a. As much as practicable, a variety of recreation and sports activities shall be

provided by jail authorities to inmates.

b. Recreational and sports facilities shall be with available resources like:

library services, indoor sports, such as chess, table tennis, pool and
outdoor sports, like basketball, softball, boxing, etc. The jail authorities
shall provide for the athletic equipment necessary to undertake these
activities and shall designate a specific recreation and athletic officer to
carry out and supervise the program.

c. Individual and team sports shall be established among inmate volunteers

as bases for intramural competitions. Inmates participating in organized
sports fests or competitions shall be provided with distinctive team
uniforms to add color and funfair into these events.

d. Group entertainment for inmates shall be provided occasionally in the form

of movies, videos and stage shows which are rated for general patronage.
Amateur talent contest and parlor games shall be organized and promoted
on the basis of interest, occasion and participation of inmates.

e. One hour daily physical exercise in the open air shall be provided to
inmates.

WORK PROGRAMS
a. Each jail facility shall have a work program to allow inmates to receive
appropriate compensation for their labor and keeping them busy while
serving their time in jail. This includes livelihood projects, etc., that are
income generating.

b. The following requirements in work programs shall be observed provided

that security must not be compromised:

1) Labor should have a socio-economic redeeming value.

2) The organization and methods of work shall resemble those of

work outside, so as to prepare inmates for the conditions of
normal occupational life.

3) Precautions should be observed to protect the safety and health of

inmates.

4) Daily and weekly working hours of inmates must be fixed, leaving

one rest day for recreational.

49
 c. Compensation of Inmates

1) Inmates working on projects on regular, seasonal or contractual

basis shall be paid equitable compensation as their share in the
production income.

2) The whole or part of the compensation earned by any inmate may

be forfeited and applied to payment of supplies and equipment lost
or damaged resulting from his misconduct or neglect.

3) Inmates who have savings from their compensation can remit

certain amounts to their relatives through the assistance of jail
authorities. Inmates can only posses an amount as authorized by
jail rules and regulations.

d. Useful Employment and Industrial Training of an inmate

1) Inmate shall not be allowed to be employed in any private work for

the benefit of an officer or employee of the jail

2) Employed inmates shall be allowed to remain in their cell during

work hours, except those who are assigned to work as room
orderlies or directed to remain by proper authority.

3) Work shall be at least eight (8) hours a day, except Sundays and
legal Holidays.

4) A detainee offender shall not be allowed to work outside other then

cleaning his cell and other work as may be necessary for sanitary
reasons. However, if he elects and requests in writing, approved by
competent authority, he shall be given full credit for all the days he
spent working pursuant to R.A. 6127.

5) Hard labor shall not be tolerated as part of jail employment or any

other required assignment.

Section 46. VISITATION SERVICES - Visit of any immediate members of

family or reputable and duly acknowledged friends of inmates shall always be under
strict supervision. In this regard, the Warden shall determine and prescribe the date,
time and manner on how visitation services can be facilitated. (See attached Policy
on Jail Visitation.)

Section 47. MAIL SERVICES

A. Mail service shall be provided to all inmates provided that all outgoing and
incoming mail matters are passed through a designated Censor Officer in

50
 order to prevent the entry of contraband or illegal articles and entry or exit
of information affecting the security of the jail.

B. The inmate sending out any mail matter shall open his mail/package and
have it read and inspected by the designated Censor Officer, If the mail is
clear for dispatch, the inmate shall close and seal the mail and place the
same in the outgoing mail box. He shall likewise receive the incoming
mail, if cleared by the Censor Officer. If the outgoing or incoming mail has
contraband or harmful information, such matter shall be registered as
violations of jail rules and regulations to be brought before the Disciplinary
Board for immediate adjudication.

C. The designated jail staff shall collect the inmates mail matters on a daily
basis, Monday through Friday.

D. Inmates letters or any other mail matter shall be sent as registered,

certified, stamped or special delivery if they so desire at their expense.
The letters will be processed in accordance with procedures for the
handling of mail.

E. An inmate under disciplinary segregation shall be allowed full

correspondence privileges, unless this misconduct involves a serious
violation of correspondence regulations.

F. Inmates who receive or send money through the jail mail service shall be
under the supervision of the Warden.

Section 48. OTHER SERVICES. Other services such as legal assistance or

specialist services shall be provided subject to jail policies and guidelines as
approved by the Chief, BJMP.

RULE VIII
Use of Force and Weapons

Full blown crisis in BJMP- manned jails developed from improper application
of force. Improper use of force may be attributed to three lapses: a) vague rules of
engagement, b) inadequate standards and alternatives in the use of force, or c)
misjudgment in the application of rules and standards. Therefore in the application
of force or the use of weapons in confronting crises in jails shall be subservient to
the principle of necessity and proportionality.

Section 49. Rules of Engagement- Regardless of the types of functions to be

performed and/or jail operations to be conducted, all BJMP units and personnel shall
comply with and apply the following rules:

51
 A. Under all circumstances, use of force is justifiable only by virtue of the
Doctrines of Self-Defense and Defense of a Stranger.

B. The use of force shall not be resorted to except when strictly necessary
for the maintenance of security and order, or when personnels safety
is threatened.

C. The use of force shall not be resorted to except in self-defense or in the

defense of others against grave and imminent threat of death or
serious injury, or when strictly necessary such as escape of an inmate.

D. As far as possible, non-violent means must be exhausted prior to use of

deadly force.

G. Whenever the lawful use of force and firearms is unavoidable, jail

officers shall:

1. Exercise restraint in such use and act in proportion to the

seriousness of the offence and the legitimate objective to be
achieved;

2. Minimize damage and injury, and respect human rights and preserve
human life;

3. Ensure that assistance and medical aid are rendered to the injured
as soon as possible;

4. Ensure that relatives or close friends of the injured or affected

person are immediately notified as early as earliest possible.

H. Where injury or death is caused by the use of force and firearms, the
jail officer, he/she shall immediately render a detailed narrative report
on the incident to his superiors.

I. The personnel shall be trained on the use of force and firearms.

J. If necessary, stress counseling should be provided to jail personnel who

had been directly involved in incidents where force and, or firearms were used.

Section 50. USE OF FORCE CONTINUUM - The use of force continuum is an

escalating level of force commencing from no force, to non-deadly force and
ultimately, to deadly force. In dealing with the use of force continuum, the following
rules shall be observed:

Section 51. DECISION MAKING IN THE USE OF FORCE CONTINUUM - The

decision on the appropriateness of the level of force to be used in a given situation
depends entirely on the judgment of the Incident Commander, if any, or the Warden

52
or his duly authorized representative or other jail personnel confronted with situation
requiring the use of force.

RULE IX
PRIVILEGES AND MISCELLANEOUS PROVISIONS

In May 1984, the United Nations Economic and Social Council approved the
procedures for the effective implementation of the Standard Minimum Rules for the
Treatment of Prisoners. The UN Rules, containing 95 provisions that range from
separation of inmate categories to medical services to education and recreation,
sought to set out what is generally accepted as being good principle and practice in
the treatment of prisoners and the management of institutions. The Council
acknowledges, however, that the application of the UN Rules may vary depending on
the legal, social, economic and geographical conditions of each country. This Rule is
derived from the letter and intent of the UN Rules.

Section 52. RIGHTS OF INMATES Although the purpose for committing

a person to jail is to deprive him/her of liberty in order to protect society against
crime, such person is still entitled to certain rights even while in detention. These
rights are:

a. The right to be treated as a human being, and not to be subjected to

corporal punishment.

b. The right to be informed of the regulations governing the detention

center.

c. The right to adequate food, space and ventilation, rest and recreation.

d. The right to avail of medical, dental and other health services.

e. The right to be visited by his/her counsel anytime.

f. The right to practice his/her religious beliefs and moral precepts.

g. The right to separate detention facilities or cells particularly for women

inmates and children in conflict with the law.

h. If a foreigner, the right to communicate with his/her embassy or

consulate.

Section 53. PRIVILEGES ALLOWED FOR DETENTION AND

SENTENCED PRISONERS Detainees may enjoy the following privileges:

a. To wear their own clothes while in confinement.

53
 b. To write letters, subject to reasonable censorship, provided that expenses
for such correspondence shall be borne by them.

c. To receive visitors on scheduled visitation hours during daytime.

However, visiting privileges may be denied in accordance with the rules
and whenever public safety so requires.

d. To receive books, letters, magazines, newspapers and other periodicals

that the jail authorities may allow.

e. To be treated by their own doctor and dentist at their own expense upon
proper request from and approval by appropriate authorities.

f. To be treated in a government or private hospital, provided it is deemed

necessary and allowed by the rules.

g. To request free legal aid if available.

h. To grow hair in their customary style, provided it is decent and allowed by

the rules.

i. To receive fruits and prepared food, subject to inspection and approval by

jail officials.

j. To smoke cigars and cigarettes, except in prohibited places.

k. To read books and other reading materials available in the library, if any.

l. To maintain cleanliness in their cells and brigades or jail premises and

perform other work as may be necessary for hygienic and sanitary
purposes.

Except for being required to wear the prescribed prisoners uniform, all the
privileges of detainees mentioned in this Section may be enjoyed by sentenced
prisoners.

Section 54. LEAVE FROM JAIL Leave from jail shall be allowed only for
very meritorious cases, like the following:

a. Death or serious illness of spouse, father, mother, brother, sister, or

children.

b. Inmates who are seriously ill or injured may be given leave for
hospitalization or medical attendance under proper escort. However, such
leave shall require prior approval of the Courts having jurisdiction over
them; Provided, however, that in life and death cases where immediate

54
 medical attention is imperative, the Warden, at his/her own discretion,
may allow an inmate to be hospitalized or moved out of jail for medical
treatment; Provided further, that when the emergency has ceased as
certified by the attending physician, the Warden shall cause the inmates
immediate transfer back to the jail, except when there is a court order
directing him to continue the inmates confinement in a hospital until
his/her recovery or upon order of the Court for his/her immediate return
to the jail.

Section 55. COORDINATION WITH OTHER AGENCY-MEMBERS OF

THE CRIMINAL JUSTICE SYSTEM The Warden shall coordinate with the Public
Attorneys Office (PAO) and the Parole and Probation Administration (PPA) and
request them to conduct periodic visits to the jail to enable the inmates thereat to
avail themselves of the following services:

a. Public Attorneys Office (PAO)

1) Provide legal representation in the trial of inmates cases.

2) Assist convicted inmates in filing applications for probation.

3) Assist inmates, in coordination with the National Prosecution Service, in

obtaining Release on Recognizance or temporary release pursuant to
Batas Pambansa Blg 85.

b. Parole and Probation Administration (PPA)

1) Assist inmates qualified for probation.

2) Conduct an evaluation of cases that may merit parole, commutation of

sentence or conditional pardon, and submit a report thereon, together
with the prison records, to the Board of Pardon and Parole.

55
 RULE X
Final Provisions

Effectivity and Repealing Clause

Section 56. REPEALING CLAUSE All rules, policies, guidelines and memoranda
inconsistent with the provisions of this Manual are hereby repealed, modified and
amended accordingly.

Section 57. EFFECTIVITY- This BJMP Operations Manual shall take effect upon its
approval by the Chief, BJMP.

56
 ANNEXES

A. JAIL SEARCHES (OPERATION GREYHOUND)

B. POLICY ON THE CONDUCT OF BODY SEARCHES ON JAIL VISITORS

C. DOs AND DONTs IN THE CUSTODY, SECURITY AND CONTROL, MOVEMENT

AND TRANSFER OF PRISONERS AND DETAINEES INSIDE AND OUTSIDE JAIL
PREMISES

D. PROCEDURES ON DECONGESTION PROGRAMS

E. SOP ON CONTROL OF CONTRABAND AND PHYSICAL EVIDENCE

F. USE OF FORCE AND WEAPONS

G. USE OF RUBBER BULLETS AND RUBBER-COATED BULLETS

H. POLICY ON PREGNANT INMATES AND THEIR INFANTS

I. ADMISSION AND RELEASING OF INMATES

J. AMENDMENTS TO THE BJMP CITIZENS CHARTER ON JAIL VISITATION

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 ANNEX A

JAIL SEARCHES (GREYHOUND OPERATION)

Section 1. MISSION - Systematically eliminate contraband and such other

materials in all BJMP-manned facilities that could have adverse implications on its
overall administration to ultimately put order in all jails, promote operational
efficiency and encourage adherence to prescribed operating policies.

Section 2. OBJECTIVES

Rid jails of materials/instruments that may be used by inmates to inflict

physical harm to personnel or other inmates alike;

Rid jails of materials/instruments that may be used by inmates to

facilitate their attempt to escape;

Rid jails of substances deemed contraband to include

instruments/paraphernalia used for its dispensation/intake;

Rid inmates of valuables or possessions in excess of the allowable

quantity; and

Rid inmates of possessions that translate to a substantial increment in

the operating expenses of the BJMP.

Section 3. Principles - In an effort of preserving law and order inside jail

facilities it is imperative that stern measures are observed in different capacities by
personnel, the clientele and jail visitors. This is geared to serving the tenets that:

One of the most important part of the BJMPs total security program is
the identification and control of contraband;

Contraband items threaten the overall security of the jail facility. It

endangers jail officers/personnel, inmates and inmates visitors as well
as increase the likelihood of escape attempts;

Contraband control is a primary responsibility of all jail

officers/personnel; and

Proper security in a jail facility sets the pre-cursor for other programs to
be started and prosper and for such other goals as rehabilitation to be
realized.

58
Section 4. Definition of Terms

OPERATION GREYHOUND - Search and seizure operations to rid jail

facilities of contraband.

CONTRABAND any article, item, or thing prohibited by law and/or

forbidden by jail rules that would pose as security hazards or endanger
the lives of inmates. For this policy, contraband is further divided into
the following categories:

ILLEGAL CONTRABAND unlawful in itself and not because of some

extraneous circumstance (i.e. dangerous drugs, weapons, potential
weapons, explosives)

MERELY PROHIBITED AND NUISANCE CONTRABANDS are those that

may not be classified as illegal under the law but are forbidden by jail
rules.(i.e. cellphone, money or other commodities of exchange such as
jewelry, appliances and gadgets, excessive wearing apparels and
sleeping paraphernalia, intoxicating liquors, cigarettes, pornographic
materials, gambling paraphernalia and other products that are
considered vices).

NUISANCE CONTRABAND - Are items, though authorized, are already in

excessive quantities to become a fire hazard, a threat to security or has
become causative in making the place unsanitary.

PARAPHERNALIA Any instrument or contraption used for the

dispensation or intake of harmful substances especially illegal drugs.

59
 ANNEX B

16 September 2010

BJMP
STANDARD OPERATING PROCEDURES
NUMBER 2010 - 05

CONDUCT OF BODY SEARCHES ON JAIL VISITORS

II. REFERENCES

1. Memorandum dated 30 April 2002 re: Prohibiting Female Lesbian Jail guards
to Perform Search and Custodial Functions on Female Inmates and Visitors;

2. Memorandum dated 30 November 2001 re: Policy on Strip Search;

3. Memorandum dated 11 January 2001 re: Conduct of Strip or Body Search;

4. Chapter 200, Section 2.29 of Pinal County Sheriffs Office Adult Detention
Center Facility Procedures re: Admission Searches;

5. Strip Searches and Pat Searches, Number 09-01-22, Boulder County Jail
Policy Procedure Manual;

6. BJMP Revised Manual 2007;

7. BJMP SOP 2004-02 dated 14 November 2004 re: Control of Contraband and
Physical Evidence;

8. Blacks Law Dictionary. Abridged Fifth Edition. West Publishing, 1979;

9. Revised Rules of Court of the Philippines;

10. Republic Act no. 9165 The Comprehensive Dangerous Drugs Act of 2002

11. Republic Act no. 7438 - An Act Defining Certain Rights of Person Arrested,
Detained or Under Custodial Investigation as well as the Duties of the
Arresting, Detaining and Investigating Officers, and Providing Penalties for
Violations Thereof; and

60
 12. Dangerous Drugs Board Regulation No. 1, s. 2002 re: Guidelines on the
Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors
and Essential Chemicals, and Laboratory Equipment.

13. Revised Penal Code

III. BACKGROUND/RATIONALE

The proliferation of contrabands in jail facilities is a perennial problem that the

BJMP is confronting since its inception. Contrabands in the hands of inmates
jeopardize jail security and hamper rehabilitation programs.

The use of various types of searches shall be necessary to protect the safety of
visitors, inmates and personnel. It shall be used to detect and secure
contrabands with the aim of safeguarding the security of the facility.

However, time and again, adverse claims and reports that visitors are sexually
abused/harassed during the conduct of body searches have put the Bureau in
the bad light.

While the conduct of various types of searches is indispensible in our campaign

to prevent the entry of contrabands, it should be reasonably implemented with
utmost care and fairness to protect the rights of the subject as well as shield
the jail personnel from harassment complaints.

IV. PURPOSE AND SCOPE

This SOP aims to provide adequate safeguards against the introduction of

contrabands into jail facilities and to establish guidelines for different types of
searches. All searches should be conducted in a professional manner, without
violating the legal rights of visitors/inmates and with due respect and regard to
human dignity.

V. DEFINITION OF TERMS

ARREST - is the taking of a person into custody in order that he may be bound
to answer for the commission of an offense.

CONTRABAND any article, item, or thing prohibited by law and/or forbidden

by jail rules that would pose as security hazards or endanger the lives of
inmates. For this policy, contraband is further divided into the following
categories:

Illegal contraband unlawful in itself and not because of some

extraneous circumstance (i.e. dangerous drugs, weapons, potential
weapons, explosives)

61
 Merely prohibited and nuisance contrabands are those that may
not be classified as illegal under the law but are forbidden by jail rules.(i.e.
cellphone, money or other commodities of exchange such as jewelry,
appliances and gadgets, excessive wearing apparels and sleeping
paraphernalia, intoxicating liquors, cigarettes, pornographic materials,
gambling paraphernalia and other products that are considered vices).

DANGEROUS DRUGS means dangerous drugs as defined in Article I Sec.

3(j), RA 9165. Such drugs include, but not limited to, heroin, morphine, opium,
cocaine or cocaine hydrochloride, marijuana, marijuana resin, marijuana resin
oil, methamphetamine hydrochloride or shabu,
methylenedioxymethamphetamine (MDMA) or ecstasy,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
diethylamine (LSD) and gamma hydroxybutyrae (GHB).

PHYSICAL EVIDENCE items with evidentiary value used in an

administrative disciplinary proceeding or court proceeding.

PAT/FRISK SEARCH - is a search wherein the officer pats or squeezes the

subjects clothing to attempt to detect contraband/s. For same gender
searches the Pat/Frisk search is normally accomplished in concert with Rub
Search.

RUB SEARCH - is a search wherein the officer rubs and/or pats the subjects
body over the clothing, but in a more intense and thorough manner. In a rub
search, the genital, buttocks, and breast (of females) areas are carefully
rubbed-areas which are not searched in a frisk/pat search. Rub searches shall
not be conducted on cross-gender individuals.

STRIP SEARCH - is a search which involves the visual inspection of disrobed

or partially disrobed subject.

VISUAL BODY CAVITY SEARCH - is a search which involves the inspection

of the anus and/or vaginal area, generally requiring the subject to bend over
and spread the cheeks of the buttocks; to squat and/or otherwise expose body
cavity orifices.

PROBABLE CAUSE is defined as facts sufficient to support a reasonable

belief that criminal activity is probably taking place or knowledge of
circumstances indicating a fair probability that evidence of crime will be found.
It requires more than a mere hunch, but less than proof beyond reasonable
doubt.

VISITOR - a person who enters a jail facility for a definite period of time to
meet an inmate or personnel of the Bureau or conduct an official business or
activity inside the jail. A visitor includes the relative, friend, lawyer, doctor,
spiritual adviser, service provider or any person who enters the jail for the
purpose of seeing or conferring with an inmate.

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VI. GENERAL POLICY

1. Searches are to be conducted in the least intrusive manner, while ensuring

accomplishment of the intended purpose, yet maintaining respect for
individual dignity and insuring the greatest level of privacy. Personnel
performing searches shall not be allowed to talk/discuss the search they
performed unless directed by the court or warden.
2. All visitors before being allowed entry into the jail must be requested to
submit the things they carry to a thorough inspection and a thorough body
search to prevent the entry of contraband/s in our jails.
3. Money, jewelry, gadgets and other commodities of exchange shall be duly
turned over to the Property Custodian for receipting and eventual
safekeeping in a safety vault or box. It shall be duly returned to the visitor
upon his or her exit from the jail facility. All visitors who refuse to undergo
search and inspection shall be refused entry into the jail.
4. All male visitors shall be searched by male jail officers while female visitors
shall be searched by female jail officers only. At no instance that a female
homosexual jail officer shall be allowed to conduct body search on female
jail visitors while a male homosexual jail officer cannot body search a male
jail visitor. Further, no person of the opposite sex shall be allowed to
conduct or view strip searches.
5. In performing searches, sanitary gloves shall be worn by the jail officer.
6. The search should not be more extensive than necessary to determine the
existence of contraband believed to be concealed on the subject.
7. Strip search and Visual Body Cavity Search shall only be conducted inside a
searching room that is adequately lighted, safe and guarantees
confidentiality.

VII. GUIDELINES IN THE CONDUCT OF PAT/FRISK/RUB SEARCH FOR

VISITORS

1. All inmates visitors who want to enter the jail facility must be subjected to
body search and inspection of their belongings.

2. To perform a pat/frisk/rub search, the jail officer shall accomplish the

following:

a. Instruct the subject to remove items from pockets, shoes, jackets, or any
extra clothing.

b. Search the subject top to bottom being systematic:

1. Shake out his/her hair;

2. Grasp the collar and feel for any hidden items.

3. Search each of the arms separately.

63
 4. Run hands down the shirt front, checking the pocket and stopping at
the beltline. Then check the back using the same process.

5. Once satisfied that all areas above the waist the neck, arms, chest,
and back are clear, check the waistline to feel for any small articles
hidden.

6. From the waistline, run hands down the subjects buttocks.

7. Then move both hands to one leg. Repeat process on the other leg.

8. Finally, run hands over the subjects lower abdomen and crotch
carefully, feeling for concealed articles that may be taped to these areas

3. If during the pat/frisk/rub search the jail officer develops probable cause
that contraband is being hidden by the subject, which is not likely to be
discovered, the Jail Officer shall request for a conduct of strip search/visual
body cavity search.

VIII. GUIDELINES IN THE CONDUCT OF STRIP SEARCH FOR VISITORS

The conduct of strip search shall be done provided all the following conditions
are met:

1. All strip search shall be conducted with the knowledge of and directed by
the Jail Warden or in his absence by the Assistant warden / Jail Officer of
the Day. A Strip Search/ Visual Body Cavity Search Authorization (SSVBCSA)
(Annex A) shall be accomplished by the searcher for this purpose. The
SSVBCSA Form shall include information that there is probable cause that
contraband is being hidden by the subject or subject to be strip searched is
suspected of bringing contraband inside the jail. It shall particularly state
the source of information, if known, and the contraband to be brought in.

2. The visitor agrees to be strip searched which shall be in writing to shield the
jail officer performing the search from harassment complaints. For this
purpose, the Waiver of Right on Strip Search / Visual Body Cavity Search
Form (Annex B) shall be signed by the visitor. It shall be duly explained by
the jail personnel performing the search and should be understood by the
subject. If the subject refuses, he/she will not be allowed to visit.

3. All strip search must be done in the confidentiality of an enclosed space.

This area must restrict the possibility of visual access by person(s) not
involved in the search.

4. To perform a strip search the jail officer shall accomplish the following:

64
 a. Direct the subject to remove his/her clothing and hand the clothing to the
searcher for inspection.

b. Clothing shall be examined by touch, using the squeeze and rub method
which crushes every part of the clothing.

c. Articles should be scanned for bulges and signs of openings or freshly

sewn areas. Linings should not be overlooked.

d. The searcher shall have the subject perform the following measures:

1. Hold his/her hands out in front of his/her body with fingers spread;

2. Turn his/her hands over showing the officer each side;

3. Raise his/her arms over head allowing the officer to view the subjects
underarms;

4. Shake out his/her hair;

5. Open his/her mouth with head tilted back. Lifting his/her tongue;

6. Have the subject lift his/her feet so that the soles and spaces between
the toes can be examined carefully.

e. Inspection of any covered wounds, casts, false teeth, prosthesis, etc. shall
be conducted with assistance of a jail doctor or nurse.

f. After completion of the search, the officer shall return the clothing to the
subject and allow the subject to redress.

5. If during the course of the strip search, the officer develops probable cause
that contraband is concealed in an area not readily visible using the strip
search, the officer shall proceed on conducting Visual Body Cavity Search.

IX. GUIDELINES IN THE CONDUCT OF VISUAL BODY CAVITY SEARCH FOR

VISITORS

1. To perform a visual body cavity search, the jail officer shall have the subject
visitor perform the following measures:

a. Males: have them raise their scrotum allowing the officer to view
underneath;

b. Females: have them raise their breast allowing the jail officer to view
under the breasts.

65
 If the subject is female, have her squat down and cough. This should
dislodge anything hidden in the vaginal cavity.

c. Have the subject turn around with their back to the officer, bend over
and/or squat, and use their hands to spread their buttocks allowing
the officer to view the area of the anus or vagina. While the subject
is in such position, the jail officer may further instruct him/her to
cough to dislodge anything hidden in the anus/vaginal cavity.

X. ACTIONS TO BE TAKEN UPON DISCOVERY OF CONTRABAND DURING

SEARCH OF VISITORS

A. Merely Prohibited and Nuisance Contrabands

1. On first offense, the visitor shall be warned that it is prohibited and that
he/she is at risk of being considered delinquent visitor if he/she do the
same again. Contraband shall be confiscated and turned over to the
Property Custodian who shall dispose them accordingly.

2. If the same visitor committed the same or similar act, he/she shall be
considered as delinquent visitor and shall be duly recorded by the
searcher in a separate logbook exclusively for such visitors. It should be
accessible to other searchers.

3. As disciplinary measure and for security reason, the warden may impose
an order to ban the entry of delinquent visitor in accordance with the
provision of Sec. 4 (b) of the RA 7438 which provides:

The provisions of the above Section notwithstanding, any security

officer with custodial responsibility over any detainee or prisoner may
undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.

4. Concerned inmate may also be subjected to disciplinary process under

the Inmates Disciplinary Machinery if it is established that he/she has
participated directly or indirectly in the commission of the offense.

B. Illegal Contraband except Dangerous Drugs

1. Possession of illegal contraband shall automatically result to denial of

entry and immediate arrest of subject visitor. The provisions of RA 7438
shall apply. Section 2 of RA 7438 is hereunder provided for ready
reference.

Section 2. Rights of Persons Arrested, Detained or Under

Custodial Investigation; Duties of Public Officers.

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(a) Any person arrested, detained or under custodial investigation shall
at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or
his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford
the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer
in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no
effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or

under custodial investigation shall be in writing and signed by such
person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen
by him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation,
shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall

be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, or by
any national non-governmental organization duly accredited by the
Commission on Human Rights or by any international non-governmental
organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fianc or fiance,
parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

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 As used in this Act, "custodial investigation" shall include the practice of
issuing an "invitation" to a person who is investigated in connection with
an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

2. The said contraband will be confiscated and may further be used as

evidence against the jail visitor in criminal action/proceeding. Proper
handling of evidence (i.e. inventory, labeling and receipting of physical
evidence obtained) shall be observed.

3. Confiscated contraband shall be properly turned over to the jail

property/contraband custodian who shall turn over it to the police station
where the subject visitor shall also be referred.

4. Subject visitor shall be arrested based on Sections 5 and 8 of Rule 113 -

Arrest of the Revised Rules of Court.

5. A jail visitor who was found in possession of the contraband must be

coordinated and turned-over immediately to the nearest police station
who shall be the one to file the appropriate case against him/her with
the Prosecutors Office based on the report/complaint of the BJMP
personnel who made the search. Detaining the subject without court
order in the jail (BJMP manned jail) where he/she committed the said
offense might constitute arbitrary detention.

6. No violence or unnecessary force shall be used in making an arrest. The

person arrested shall not be subject to a greater restraint than is
necessary for his detention.

7. Concerned inmate may also be subjected to disciplinary process under

the Inmates Disciplinary Machinery if it is established that he/she has
participated directly or indirectly in the commission of the offense.

C. Dangerous Drugs

1. Possession of dangerous drugs shall automatically result to denial of

entry and immediate arrest of the subject visitor. Applicable procedures
and/or provisions of RA 9165 otherwise known as the Comprehensive
Dangerous Drugs Act of 2002 shall apply.

2. A jail visitor who was found in possession of the contraband must be

coordinated and turned-over immediately to the Philippine Drug
Enforcement Agency (PDEA). The jail warden shall make the necessary
report to be the basis for filing of appropriate case against the subject.
3. For the custody and disposition of the confiscated/seized dangerous
drugs, Section 21 of RA 9165 shall apply, to wit:

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Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA
shall take charge and have custody of all dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals, as
well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the
following manner:

(1) The apprehending team having initial custody and control of the
drugs shall, immediately after seizure and confiscation, physically
inventory and photograph the same in the presence of the accused or
the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and
the Department of Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory and be given a copy
thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of

dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as instruments/paraphernalia
and/or laboratory equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which

shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject
item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be provisionally
issued stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, That a final
certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-
two (72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through
the PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or
the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and
the DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and

69
 destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful commerce, as
determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample,
duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted
to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as
determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be

allowed to personally observe all of the above proceedings and his/her
presence shall not constitute an admission of guilt. In case said offender
or accused refuses or fails to appoint a representative after due notice in
writing to the accused or his/her counsel within seventy-two (72) hours
before the actual burning or destruction of the evidence in question, the
Secretary of Justice shall appoint a member of the public attorney's
office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein
the representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case
and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt of the same.

4. Concerned inmate may also be subjected to disciplinary process under the

Inmates Disciplinary Machinery if it is established that he/she has
participated directly or indirectly in the commission of the offense.

XI. SEPARABILITY CLAUSE

In the event that any provision or part of the policy be declared unauthorized
or rendered invalid by a competent authority, those provisions not affected by
such declaration shall remain valid and effective.

XII. REPEALING CLAUSE

All other existing issuances which are inconsistent with this policy are hereby
rescinded or modified accordingly.

XIII. EFFECTIVITY

This policy shall take effect immediately.

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 Annex A
________________________
Name of Jail

STRIP SEARCH/ VISUAL BODY CAVITY SEARCH AUTHORIZATION (SSVBCSA)

Date: ______________
Time:______________

Rank and Name of Searcher:__________________________

Subjects Name: ___________________ Inmate to be Visited: ___________________
Probable cause to conduct Strip Search / Visual Body Cavity Search:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Source of information (if known):
___________________________________________________________________________
___________________________________________________________________________

Instruction to the Searcher: Searches are to be conducted in the least intrusive manner,
while ensuring accomplishment of the intended purpose, yet maintaining respect for
individual dignity and insuring the greatest level of privacy.

[ ] STRIP SEARCH:

[ ] HEAD: Check nose, ears and mouth. Have subject shake out his/her hair. Check
under the tongue and around teeth.
[ ] ARMS & SHOULDERS: Instruct the subject to raise arms and check arm pits.
Examine the subject with fingers spread and extended.
[ ] FEET: Check bottom of the feet and in between toes.
[ ] BANDAGES & CASTS: Examination of any prosthesis or false teeth will be
accomplished with the assistance of facility medical personnel or qualified medical
professional.

[ ] VISUAL BODY CAVITY SEARCH:

[ ] BREAST: Have the subject lift the breast, visually inspect.

[ ] GROIN: Inspect around penis, testicles or if female check the area of the vagina.
[ ] RECTAL: Instruct the subject to bend over/squat and spread the cheeks of the
buttocks.

_____________________ _____________________
Signature of Searcher Signature of Warden

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 Annex B

WAIVER OF RIGHT ON STRIP/ VISUAL BODY CAVITY SEARCH

PAGPAPAUBAYA NG KARAPATAN SA KATAUHANG / MASUSING PAGHAHALUGHOG /
VISUAL BODY CAVITY SEARCH

I,________________, visitor of inmate/s ____________________

Ako si dalaw ni/nina
of ___________________ Jail hereby voluntarily submit myself for
strip search /
ng ditoy kusang loob na ihain ang aking sarili sa masusing

visual body cavity search by authorized BJMP personnel.

paghahalughog / visual body cavity search ng otorisadong kagawad ng
BJMP.

That any contraband found in my possession as a consequence

may be used
Anumang mga bagay na ipinagbabawal na matatagpuan sa
aking pagiiingat ay maaring gamitin laban sa akin sa anumang usapang
kriminal/
as evidence against me in criminal action/proceeding.
pamamaraan.

I therefore have understood the foregoing statements and affixed

my signature
Samakatuwid, aking naintindihan ang mga nasabing
pahayag at
to affirm my willingness to abide by the same.
ako ay lumagda upang ipagtibay ang aking kusang loob na pagsang-
ayon dito.

_____________________________
Signature of Visitor
Lagda ng Dalaw

___________________________
Name and Signature of Witness
Pangalan at Lagda ng Saksi

ANNEX C4
____________________
Date and Time of Search 72
Petsa at Oras ng Paghalughog

 ANNEX C

DOs AND DONTs IN THE CUSTODY, SECURITY AND CONTROL, MOVEMENT AND
TRANSFER OF PRISONERS AND DETAINEES INSIDE AND OUTSIDE JAIL PREMISES

SECURITY AND CONTROL

DOs

1. Maintain strict control of firearms in jail.

2. Maintain 24-hour supervision/control.
3. Maintain a system of key control which shall include an accurate listing of all
keys and receipting them.
4. Secure firearms and anti-riot equipment in the armory where they shall be
within easy reach of the jail officer and yet afford maximum security against
access by inmates.
5. Supervise the proper use of tools and other potentially dangerous articles
such as bottles, acids, kitchen knives, etc. and keep them out of inmates
reach.
6. Conduct regular inmates count at least five to six (5-6) times within a 24-hour
period, establish procedures which will ensure doubt, that every inmate is
physically present or accounted for, at every count.
7. Always be aware of your keys.
8. Conduct frequent surprise searches of inmates and their quarters to detect
tampering of security and facility devices.
9. Guard against escapes, assault on jail personnel and inmates disturbance.
10. Develop and always update plans on emergencies like escapes, fires, assaults
and riots. Make plans known and understood by all jail personnel. Conduct
dry runs from time to time.
11. Inmates should be taken out of jail only upon court order.
12. Only non-inmate is to be utilized for any janitorial services and/or errand
outside jail services.
13. Search inmate for any dangerous weapons or objects before any transfer or
movement.
14. Ensure that the handcuff is pre-adjusted for tightness to preclude adjustment
while enroute.
15. Search all vehicles and persons on board entering jail compound for any
prohibited drugs and/or contraband.
16. Search and inspect inmates visitors including military or para military
personnel for any prohibited drugs and/or contraband.
17. Only inmates are allowed to stay-inside jail.
18. Conduct surprise inspection/ searches to all cells with particular attention to
the back portion of the jail to include the ceiling and iron grills.
19. Jail personnel should enter inmates quarter only when there is back-up
element.
20. Night shift duties must always have one (1) flashlight, night stick and whistle.
21. Totally stop the practice of vale system of inmates.
22. Telephones in jails are to be used for official purposes only.

73
 23. Always be aware of your key.
24. Inform/notify the warden/supervisor if a key is lost.

DONTs

1. Never permit firearms inside the jail except in designated areas where FAs
are authorized.
2. Dont fail to supervise inmates in a 24-hour basis.
3. Never permit the inmates to handle keys.
4. Dont let firearms and anti-riot equipment stored in any place where they shall
be within access by inmates.
5. Dont allow dangerous articles such as bottles, acids, and kitchen knives for
easy access to inmates.
6. Never conduct inmates count lesser than five times within 24-hour a day
period.
7. Never allow jail personnel to open the inmates quarters alone. At least one
other personnel should be present.
8. Never allow the inmates to assume any of the authority which belong to the
jail officer.
9. Never allow inmates to exercise authority supervision and control over other
inmates.
10. No inmate shall be taken out of jail without order from the court.
11. No inmate shall be utilized for any janitorial services and/or errand outside
jail.
12. Never transfer/move inmates without conducting search for any dangerous
weapons or object.
13. Never forget to pre-adjust the handcuff for tightness to preclude adjustment
while in route.
14. Never forget to search all vehicles and persons onboard entering the jail
compound for any prohibited drugs or contraband.
15. Never allow inmates visitors including military or para military personnel to
enter jail without being searched and inspected for any prohibited drugs
and/or contraband.
16. Never allow non-prisoners to stay inside the jails beyond the required visiting
hours.
17. Never forget to conduct surprise searches/inspection at the back portion of
the jail to include the ceiling and iron grills.
18. Never enter inmates quarters unless another officer is available.
19. Never forget to be equipped with a flash-light, night stick and whistle for
night shift duty.
20. Never allow vale system to any inmates.
21. Never permit inmates to use telephone in jails for personal purpose.
22. Never put personal key with handcuff key.
23. Dont mix jail key with your handcuff key.

74
CUSTODY

DOs

1. Ensure custody and safety of all inmates confined in jail.

2. Always inform the warden of any emergency.
3. Maintain inner and outer perimeter security at all times.
4. Only escort inmates to courts and other authorized places of confinement
with proper court order.
5. Only escort inmate to hospitals in case of emergency.
6. Always censor inmates mail
7. Report any infringement of rules and regulations to proper authorities.
8. Always inspect security devices upon assumption of tour of duty.
9. Non-bailable inmates should be placed in a separate maximum security cell.

DONTs

1. Never allow any form of inmate disturbances in jail that would endanger the
lives and limbs of inmates, staffs or visitors.
2. Never fail to inform the warden of any emergency.
3. Never assume duty without ensuring other inner and outer perimeter security.
4. Never escort inmates to any unauthorized places outside of the jail premises
without court order.
5. Never allow inmates to send and/or receive mail without being censored.
6. Never hide and/or cover any infraction of jail rules and regulations.
7. Never give inmate a possibility of smuggling contraband using mail as a
means of illicit communications.
8. Never mix non-bailable inmates with that of bailable inmates.
9. Never compromise jail security at all costs.

MOVEMENT/TRANSFER OF INMATES

DOs

1. Maximum security measure shall be observed at all times in providing escort

to non-bailable inmates following the ratio of one is to one plus one security
requirement.
2. Inmates in transit should always be handcuffed.
3. Regard all non-bailable inmates being transferred as extremely dangerous to
avoid being careless.
4. Always escort an inmate in going to a toilet or washroom.
5. Escort personnel must be equipped with firearm and at least one (1) basic
load of ammunition.
6. Duty escort must follow the most direct route from jail to court and back.
7. Escorts should provide their own drinks to avoid being drugged that would
affect their senses.
8. Escort of high risk inmates should have back-up vehicle and personnel to
preempt rescue and/or abduction.

75
 9. Duty personnel must be extra careful not to sit, stand or walk next to an
inmate while carrying a gun as it can be easily grabbed from him.
10. Movement or transfer of inmates shall be treated confidentially.
11. Transporting prisoners by hired vehicle should proceed uninterrupted while
passing along the highway.

DONTs

1. Never allow to escort non-bailable inmates without following/observing the

ratio of one is to one plus one security requirements.
2. Never allow the transport of inmates without being handcuffed.
3. Never underestimate non-bailable inmates as non-dangerous persons.
4. Never allow an inmate to go to a toilet or washroom alone or unattended.
5. Never escort inmates without firearm and a basic load of ammunition.
6. No deviation is allowed in the escorting of prisoners, only the places
authorized in the court orders should be strictly followed.
7. Never accept any drinks offered by inmates for it maybe laced with prohibited
or regulated drugs that may affect your senses.
8. Never escort high risk inmates without back-up vehicle and personnel.
9. Never sit, stand or walk next to an inmate while carrying a gun as it can
easily be grabbed from him.
10. Never announce the movement or transfer of inmates for security reasons.
11. Never allow the driver of hired vehicle to stop in any place along the route
while transporting prisoners.

76
ANNEX D

77
78
79
80
PROCEDURES ON DECONGESTION

81
82
83
84
85
86
 ANNEX E
Control Of Contraband And Physical Evidence

14 November 2004

BJMPNO

STANDARD OPERATING PROCEDURES

NUMBER 2004-02

Control of Contraband and Physical Evidence

I. REFERENCES

1. BJMP Manual;
2. BJMP Operations Manual;
3. The Comprehensive Dangerous Drugs Act of 2002 (RA 9165);
4. The Revised Penal Code of the Philippines; and
5. Rules on Evidence.

II. PURPOSE

This policy prescribes the standards for the prevention of entry, use and
movement of contraband within the jail premises to protect the public,
employees and inmates.

III. OBJECTIVES

1. To classify contraband and evidence according to their operational

implications;

2. To establish appropriate procedures in the confiscation of contraband for

the safety of the public, employees and inmates; and

3. To establish a mechanism in the handling and disposal of contraband

and physical evidence.

IV. SCOPE

All contraband shall be confiscated to include, but not limited to, items
possessed by inmates, items intercepted by staff during an attempt to smuggle
them into the facility, or items found in cells and work area.

87
V. DEFINITIONS

1. Contraband anything prohibited by law and/or forbidden by jail rules

that would pose as security hazards or endanger the lives of inmates.

2. Physical Evidence items with evidentiary value used in an

administrative disciplinary proceeding or court proceeding.

VI. RESPONSIBILITIES

1. The Warden shall ensure the implementation of this policy to include the
provision for safekeeping, storage and disposal means of contraband and
physical evidence.

2. The Jail Security Unit shall develop implementing plans complementary

to the Oplan Greyhound, particularly adaptable to individual set up and
peculiarities.

3. The Contraband Custodian, who may also act as the Property Custodian,
shall take care of all the contraband confiscated and turned over to him
or her for safekeeping to include valuable properties of inmates.

4. The Evidence Custodian, who may be one of those assigned in the

Investigation Unit of the jail, shall take care of the physical evidence,
which is connected with alleged criminal acts; and must, therefore, be
treated and stored separately from other contraband.

VII. CLASSIFICATION OF CONTRABAND AND PHYSICAL EVIDENCE

The categories of contraband are, as follows:

1. Weapons, potential weapons
2. Drugs, drug paraphernalia, alcohol and tobacco products
3. Money or other commodities of exchange such as jewelry
4. Appliances and Gadgets
5. Wearing Apparels and Sleeping Paraphernalia
6. Other miscellaneous property

VIII. PREVENTIVE MEASURES AGAINST CONTRABAND ENTRY

AND KEEPING

1. Search baggage, parcels, purses, and similar items brought into the
facility.

2. All areas accessible to inmates shall be thoroughly searched on a

random and periodic basis at least once every quarter.

3. Sniffing dogs will be used on a periodic basis in coordination with

government K-9 holders.

88
 4. Inmates who have gone out of the jail shall be searched upon return to
the facility.

5. Monitor on a periodic and frequent basis the telephone and written

communication of inmates, paying particular attention to discussions of
contraband smuggling and other matters that would have implications
on jail security.

6. Written permit and consent for conduct of body search.

IX. CONFISCATION PROCEDURE

Care will be taken to minimize the probability of employees and inmates

from incurring injury during confiscation of contraband by ensuring the following:

1. Plan search every week.

2. Set adequate employee back-up.

3. If an inmate is alone, he shall be ordered to relinquish the item and to

step away.

4. If the inmate shows signs of resistance to the confiscation of the

contraband, the personnel during the confiscation shall immediately call
for employee back-up.

5. Jail personnel shall not engage in a physical struggle with the inmate to
retrieve contraband, especially when he perceives there is a danger of
violence, unless the incident involves a planned use of force with
adequate back-up.

6. If unable to retrieve the contraband from the inmate, apply normal

preventive measures, conduct urinalysis if the item ingested is a
substance, and raise a misconduct issue against the inmate as deemed
appropriate.

X. DISPOSAL PROCEDURE

1. Only the Warden may approve the disposal of contraband after an

inmate has exhausted the inmate grievance process or the disciplinary
appeal process.

2. Disposal will take place 30 calendar days after the final resolution.

3. Disposal of any property of value that was seized from a person other
than an inmate will require approval by forfeiture petition from the court.

89
4. The Warden will notify the Regional Legal Office upon the seizure of
contraband from a non-inmate at which time the Legal Office may file a
forfeiture petition.

5. Property seized from inmates and not subject to court proceedings shall
be disposed as follows:

A. Weapons
a. Confiscated firearms, unless turned over to another law
enforcement agency to be used as evidence, will be given to the
Warden through the Chief of the Investigation Unit for legal
disposal.

b. Other contraband usable as weapons will be made inoperable and

properly disposed of.

c. Unique or unusual weapons may be salvaged and used for

educational purposes.

d. Keeping of these items requires the written approval of the

Warden as to location of storage and purpose.

e. An inventory of these items will be maintained.

B. Drugs, Drug Paraphernalia, Alcohol and Tobacco Products

a. Methamphetamine Hydrochloride (shabu), marijuana, capsules,

powders, liquids, drug paraphernalia, and all items classified
under The Comprehensive Dangerous Drugs Act of 2002 (R.A.
9165), including raw materials, products, and equipment of any
kind that are used or intended for use in manufacturing,
compounding, processing, or delivering any controlled dangerous
substance, will be properly labeled and accounted for.

b. Intoxicating liquors, cigarettes, and other products that are

considered vices are strictly prohibited.

C. Money or other Commodities of Exchange

a. No inmate shall be allowed to have in his or her possession

money and jewelry.

b. Money and jewelry shall be confiscated and duly turned over to

the Property Custodian for receipting and eventual safekeeping
in a safety vault or box.

c. In case an inmate wants to buy goods from the jail cooperative,

which shall be located outside the jail premises, deduction from

90
 his deposited money may be effected through a written
agreement duly signed with the conformity of the inmate, the
Coop Manager and the Property Custodian. The inmate,
cooperative manager and the property custodian must affix their
signatures to ensure the transparency of the transaction.

d. Upon release, an inmate may claim his money and jewelry from
the Property Custodian.

e. In case of death, the person he/she has designated on the

Designation for Disposition of Property form (CS Form-02)
which he/she has filled up during his/her reception will be
provided a written inventory of his/her money and other
belongings held at the facility in person or by registered mail.

f. If money is not claimed within one year, it will be transferred to

the Inmates Welfare and Recreation Fund.

g. Unclaimed properties shall be disposed of within 60 calendar

days.

h. If the inmate escapes, his or her properties will be frozen. After

60 calendar days, the property shall be disposed of and
proceeds of which, will go to the Inmates Welfare and
Recreation Fund.

D. Appliances and Gadgets

a. Appliances with altered markings are not to remain in the
facility. If the owner could be identified, he will be required to
dispose of the item.

b. Under no circumstances will an item, except fans and

confiscated clothing, be given to an inmate other than the
original owner.

c. Confiscated fans proven to be contraband and for which the

true owner is unidentifiable will be marked by a unique facility
identification number, and may be issued to indigent inmates for
use while assigned to the facility. Prior to transfer or when no
longer needed, the inmate will return the fan to the Property
Custodian.

d. Cellphones and accompanying kit shall be turned over to the

inmates relatives or confidant by the property custodian with
the owner-inmate affixing his/her signature in conformity, the
receiving party in acknowledgement of receipt, and a witness to
the transaction.

91
 E. Wearing Apparel and Sleeping Paraphernalia

a. No inmate shall be allowed to possess items beyond the

maximum allowable quantity prescribed in the attached table for
Allowable Property for Inmates.

b. With approval of the Warden, inmates not having personally

owned clothing may receive a set of confiscated clothing upon
discharge.

F. Other Miscellaneous Property

a. Other contraband belonging to an inmate may be appropriately

disposed of by the inmate by either sending it home or having a
visitor pick it up.

b. Contraband determined by the facility head to be a threat to the

safety or security of the facility or that serves to promote vices
like gambling may be destroyed.

c. The item will be destroyed if the rightful owner cannot be

determined.

d. Contraband will only be destroyed by authorized staff.

e. Contraband may be submitted for public auction by the Warden

if the inmate failed to dispose of his own excess or unauthorized
property within 30 calendar days from the time he/she was
admitted in jail. Monies earned will be deposited in the
Inmate/Staff Welfare and Recreation Fund.

f. Employees will not be allowed to purchase said property.

g. Unusual items may be retained for training purposes with

approval of the Warden.

XI. PHYSICAL EVIDENCE

A. Obtaining Physical Evidence

Any evidence connected with an alleged criminal act will be handled, as

follows.

1. The evidence will be identified by a Contraband/Evidence Tag (CS

Form-03, attached).

92
 2. Evidence with hard surface (such as knives, stickers, guns, etc.) will
be tagged on the handle or butt area. The person originally
obtaining the evidence will write his initial or an identifying number
in an unobtrusive area for future identification.

3. Drugs or pharmaceuticals that may be used as a court exhibit will

be submitted for laboratory analysis.

4. Evidence prone to contamination will be appropriately bagged to

preserve it.

B. Storage of Physical Evidence

1. The Jail Investigation Unit will ensure proper security in the storage
of evidence.

2. Physical evidence will not be stored with contraband. It will be

stored in a metal, fireproof storage locker and may be transferred
to the agency investigating the incident.

C. Chain of Custody, Subpoena

Each person removing evidence from the storage container or

possessing evidence at any time will maintain the possession chain of
custody, complete the Chain of Custody form (CS Form-04, attached)
and will be subject to a subpoena to testify in court regarding the
possession of that evidence.

D. Submission of Physical Evidence for Laboratory Analysis

The procedures for submitting physical evidence for laboratory

analysis will be as follows:

1. Each transfer of the evidence will be indicated on the evidence tag,

listing as to whom the evidence was released and purpose of the
transfer.

2. Only the amount of the item or substance needed for analysis will
be submitted. The remainder of the item or substance will be
maintained in storage. A new chain of custody will be maintained
on the analysis sample.

3. Any item or substance returned from an authorized laboratory will

be placed back in the evidence storage in conformity with
procedures in maintaining the chain of custody.

E. Submission of Physical Evidence for Purpose of Court Exhibit

93
 At any time after the filing of a criminal charge, the Warden may
be required to present the physical evidence. The surrender of
evidence will be noted in the log book, and the possession chain will
cease unless the evidence is returned by the court having jurisdiction.

F. Disposition of Physical Evidence

Physical evidence shall be disposed of after conclusion of any

legal proceedings. Videotapes used as evidence of an incident will be
kept for three years after the incident has been resolved prior to
disposal or erasure for reuse. In the event an item exhibited in court is
returned to the facility after final adjudication, it shall be maintained in
storage for a minimum of six months from the date of return. After
the time frame has elapsed, the item will be submitted to the court
having jurisdiction for proper disposal. If the sheriffs department
chooses not to accept the items, the Warden shall dispose of the
evidence.

XII. DOCUMENTATION REQUIREMENTS

A. Contraband/Evidence Tags

The following information will be recorded on the

Contraband/Evidence Tag (CS Form-03, attached) by any staff
member who discovers the item that has been seized:

1. Control log reference number

2. Number of items tagged

3. Description of item(s) with any identifying marks

4. Location where item(s) was seized

5. Nature of crime/reason for seizure

6. Date and time item(s) was seized

7. Name of person who seized item(s)

8. Personnel and criminal circumstances of the person (inmate) from

whom item(s) was seized

9. If other than inmate and other information

10. Witness(es)

94
 11. Printed name and signature of officer completing the tag

12. A record of the chain of custody to document each person handling

the item(s).

B. Contraband/Evidence Logs

Contraband and evidence logs will contain the following

information:

1. Original Logging Requirements

a. Control log reference number

b. Number of items tagged

c. Description of item(s), including brand and model

number(s) and any other identifying marks

d. Location where item(s) was seized

e. Nature of crime/reason for seizure

f. Date and time item(s) was seized

g. Name of person who seized item

h. Identification of person from whom item(s) was seized

i. Date, time, and signature of contraband/evidence

custodian receiving the item(s)

2. Removal of Item(s)

a. Any time an item is removed from the evidence or

contraband area, an entry will be made next to the
original entry with the persons name removing the item
indicated, purpose of removal, and date and time
removed and returned.

b. When the item(s) is finally disposed of, an entry will be

made next to the original entry indicating the date and
time of removal, method of destruction, and name of
person destroying the item. The contraband/evidence
tag will be filed and maintained by the
contraband/evidence custodian.

3. Log Storage and Auditing Requirements

95
 a. Jails will maintain separate contraband and evidence logs.

b. Evidence logs will be stored inside evidence containers.

c. The Warden will ensure that an audit of the evidence log

and contraband log is conducted at least quarterly. The
audit will be conducted by someone other than the
contraband/evidence custodian. All entries made in the
log will be reviewed since the previous audit.

XIII. REPEALING

All circulars or issuances which are inconsistent with this directive are
hereby rescinded or modified accordingly.

XIV. EFFECTIVITY

This policy shall take effect immediately upon approval of the Chief, BJMP.

ARTURO W ALIT, CESO IV

Director (DPA)
Chief, BJMP

96
 Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
________________________________
(Region)
____________________________________________
(Name of Jail)
INMATES PROPERTY
RECEIPT # _________ ____________________
(Date)

Received from
(Last) (First) (Middle Name)
Inmate No. _______________ , who is charged with
______________________________ the following property/ies:

Unit Description

________________________________
(Signature of Receiving Officer)

________________________________
Rank / Designation

ATTESTED: WITNESSED:

_________________________ _________________________________
(Signature of Inmate) (Signature of Witness)

__________________________________
(Name of Witness)

Right Hand Thumb Mark of Inmate

* To be prepared in duplicate, typewritten of written in ink.

* Property to be returned to the Inmate upon his release.

97
 Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
_____________________________
(Region)
_______________________________________
(Jail)

DESIGNATION FOR DISPOSITION OF PROPERTY

I, ________________________________________, being of sound mind, hereby designate

the following person(s) to receive all of my money and other personal (authorized) property
in the event of my death while incarcerated. I understand that I have the right to change
the designee named below at any time during my incarceration with the
______________________________________. This instrument addresses monies and my
personal property directly under control of the ____________________________________
and becomes invalid upon my release from the custody of the BJMP.

I also authorize the costs of shipping my property to be withdrawn from my trust account, if
necessary.

1. Designee
________________________________ __________________________
Name Date
________________________________
Address
________________________________ __________________________
Phone Inmate Signature

2. Designee
________________________________ __________________________
Name Date
________________________________
Address
________________________________ __________________________
Phone Inmate Signature

ACKNOWLEDGEMENT

The foregoing instrument was acknowledged before me this ________________

_______________ by __________________________
Date Signature Over Printed Name of Inmate

__________________________
Notary / Administering Officer

98
 BUREAU OF JAIL MANAGEMENT AND PENOLOGY
____________________
(Region)
______________________________
(Name of Jail)

CONTRABAND / EVIDENCE TAG

Control Log Reference Number

Number of Items Tagged

Description of Items

Precise Location Where Item was

Seized

Nature of Crime / Reason for Seizure

Date Item was Time Item was

Seized Seized

INMATE/DEFENDANT/ACCUSED INFORMATION
NAME Nature of Offense Criminal Case No.

1.

2.

If other than Inmate:

Address

Witness/es (if any)

PRINTED NAME and SIGNATURE of
Reporting Officer Completing this
Form:

99
 Republic of the Phili ppines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
_____________________________
(Region)
_______________________________________
(Jail)

CHAIN OF CUSTODY

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

Contraband / Evidence Received By:

Contraband / Evidence Received From:
Date: Time:
Contraband / Evidence Stored At:

100
 BUREAU OF JAIL MANAGEMENT AND PENOLOGY
________________________
(Region)
________________________
(Jail)

Allowable Property for Female Inmates

Name of Inmate ___________________________________________
Date committed ____________________

MAXIMUM ALLOWABLE
ITEM
QUANTITY
1 shirt/blouse (yellow shirt included)/sando 10
2 long pants/skirts 3
3 short pants 4
4 panty 7
5 brassiere 7
6 socks 2 pairs
7 rubber/leather shoes 1 pair
8 slippers/sandals 1 pair
9 light bath towel 24 x 36 inches 1
10 plastic comb w/o handle 1
11 pillow 1
12 pillow case 1
13 light blanket 48 x 52 inches 1
14 mosquito net 1
15 plastic drinking cup 1
16 plastic spoon 1
17 plastic fork 1
18 plastic plate 1
19 toothbrush with 1" handle (travelers) 1
20 soap case 1
21 soap 1 bar
22 shampoo 1 bottle/12 sachets
23 toothpaste 1 tube
24 cologne/perfume 1 bottle
25 photo album 1
26 napkin/pantyliners 1 pack/mo.
27 reading materials/pocketbooks 2 pcs.

101
 BUREAU OF JAIL MANAGEMENT AND PENOLOGY
________________________
(Region)
________________________
(Jail)

Allowable Property for Male Inmates

Name of Inmate ___________________________________________
Date committed ____________________

MAXIMUM ALLOWABLE
ITEM
QUANTITY
1 Shirt (yellow shirt included) /sando 10
2 long pants 3
3 short pants 4
4 brief 7
5 socks 2 pairs
6 rubber/leather shoes 1 pair
7 slippers 1 pair
8 light bath towel 24 x 36 inches 1
9 plastic comb w/o handle 1
10 pillow 1
11 pillow case 1
12 light blanket 48 x 52 inches 1
13 mosquito net 1
14 plastic drinking cup 1
15 plastic spoon 1
16 plastic fork 1
17 plastic plate 1
18 toothbrush with 1" handle (travelers) 1
19 soap case 1
20 soap 1 bar
21 shampoo 1 bottle/12 sachets
22 toothpaste 1 tube
23 cologne/perfume 1 bottle
24 photo album 1

102
 Annex F

13 October 2010
BJMP-NHQ

STANDARD OPERATING PROCEDURES

NUMBER 2010-08

Use of Force and Weapons

I. REFERENCES

1. Basic Principles on the Use of Force and Firearms as Adapted by the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, Cuba;

2. The Revised Penal Code of the Philippines;

3. The Civil Code of the Philippines;

4. BJMP Decided Cases with Implications on the Use of Force;

5. Memorandum Circular No. 2006-02 dated 28 May 2006 re BJMP Incident

Management System (IMS);

6. Memorandum re: Prohibition of Warning Shots. dated 25 January 2010; and

7. LAAW International, Inc, 1994

II. CONCEPT
The willingness of jail officers to put their lives at risk is an invaluable trait
and it should not be taken for granted but should rather be protected against legal
suits that could arise from misuse of force. In most instances, jail officers are ready
to confront the hazards connected to their job but face the dilemma of what force is
necessary to subdue the threat and the legal repercussions that may follow. Thus,
the lack of existing convention and procedure in the use of force could either inhibit
the legal conscious jail officers to effectively control the situation, or induce its
excessive application due to ambiguous authorized model of unit of measurement to
which actions can be referred to.

More often than not, full blown crisis developed from improper application of
force. Improper use of force may be attributed to three lapses: a) vague rules of
engagement, b) inadequate standards and alternatives in the use of force, or c)
misjudgment in the application of rules and standards.

Indeed, the Bureau needs a prescribed specific sequence of levels of force or

types of force equipment to be used in all situations. It needs bases in assessing risk

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or severity of the condition and a continuum of the proper level of force following
the principles of necessity and proportionality.

III. PURPOSE:

In the absence of superseding guidance, the policy on the Use of Force

establishes fundamental procedures and guidelines governing the actions to be
taken by BJMP personnel in case of disturbances that pose clear threat to the
security of the personnel, visitors, and the jail facilities.

The Policy aims:

1. To prescribe the standards in the use of force in order to control or

preempt the unnecessary escalation of any disturbance/incident into a
crisis situation.

2. To provide guidelines for legal and ethical principles in the use of force.

3. To provide means to balance the two competing goals in any

engagement, which are; (a) the need to use force effectively to accomplish
the objectives and (b) the need to avoid unnecessary force.

4. To establish fundamental rules and procedures governing the actions

to be taken by jail wardens or their representatives in the event of an
attack from either external or internal enemy forces that will threaten the
jail facility.

Nothing in this policy shall prevent further formulation of more detailed

guidelines nor will it preclude the formulation of a uniform manual of operations to
be promulgated by the Bureau.

IV. SCOPE:
The provision of this policy shall take effect nationwide.

V. DEFINITION OF TERMS:

Deadly Force - is force that a person uses, or that a person knows or

should know would create a substantial risk of causing
death or serious bodily harm such as firearm. This
includes the threatened use of deadly force such as
drawing of firearm. Non-deadly force can also escalate
into deadly force when directed towards fatal part of
the body such as head. Since it is calculated to cause
death, it is usually, the last resort in the use of force
continuum.

Non-deadly Force - is the use of physical force towards an inmate with

any device other than deadly force or firearm designed

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 to temporarily incapacitate an inmate. Non-deadly force
can be classified into three: physical contact,
chemical/electrical and other inflammatory agents and
impact weapons.

Physical contact or weaponless control is non-deadly force generally

used by jail officers to restrain inmates without the use
of any weapon primarily designed to incapacitate or
immobilize inmates. This includes restraining holds,
come along holds, pain compliance holds and blows
with feet and fists. Generally, this requires skill of the
jail officer using it, such as martial arts.

Chemical /Electrical /Inflammatory agents (CEI) - are generally non-

deadly force when used appropriately to restrain
inmates such as Oleoresin Capsicum (OC) pepper spray,
pepper gun, tear gas, aerosol, mace, stun gun, taser
etc. They are designed to temporarily incapacitate
inmates.

Impact weapons are non-deadly force generally used to temporarily

incapacitate an inmate such as pro-batons and night
sticks.

No Force is a part of the use of force continuum where no force

is used simply because the situation does not call for it.
It includes the mere presence of the jail officers and
verbalization and are usually effective when inmates are
not violent.

Presence is the authority figure of jail officers and their mere

presence may be enough to cause compliance from the
inmates.

Verbal Containment act, which includes negotiation, persuasion and/or

verbalization that is resorted to when the mere
presence of jail officers is not enough to contain the
situation requiring him to give orders to ensure
compliance by the inmates.

Rescue is the act of taking away of an inmate or inmates from

the custody of jail officers through the use of force,
threat or intimidation while said inmate is inside the jail
facility or while on transit.

Rescue of inmate inside the jail facility this means that the inmate to
be rescued is within the jail premises or compound.

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Rescue of inmate/s in transit this means that the inmate to be rescued
is outside the jail premises, while on foot or on board
by any means of transportation either moving or
stationary.

Lockdown is a situation where the inmates, whether in whole or in

part, control the jail facility.

Lockdown of the whole jail facility is a situation where the inmates

control the whole facility.

Lockdown of a portion of the jail facility is a situation where inmates

control a portion of the jail facility.

Noise Barrage is a situation where inmates create loud, unpleasant

sounds in order to express their demands and
grievances over issues usually related to the
management of jail such as low quality of food, demand
for visitation privileges, poor leadership of the jail
Warden etc.

Hostile act - A hostile act is an attack or other use of force by an

inmate or inmates against other inmate/s, visitor/s, jail
personnel, jail properties and facilities, or an attack
against jail security.

Hostile intent - the threat of imminent use of force by an inmate or

inmates against other inmate/s, visitor/s, jail personnel,
jail properties and facilities, or the threat of imminent
use of force against jail security.

Immediate Danger - is a situation of high probability that a hazard,

condition or activity caused by an inmate or group of
inmates which will be injurious to themselves, to jail
personnel, visitor/s, or other inmate/s health and/or
safety; or harmful to jail facilities and security is so
likely to exist or occur almost immediately and without
warning.

Imminent Danger any condition or practice in a place of employment

where such a danger exist which could reasonably be
expected to cause death or serious physical harm
immediately or before the imminence of such danger
can be eliminated through the procedures.

Inmate - a person being held for confinement inside the jail

either for an offense charged or for safekeeping
purposes.

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 Serious bodily injury- bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement,
or protracted loss or impairment of the function of
bodily member or organ.

Principle of Necessity use of only such force as is, or reasonably appears

to be, necessary to resist the harm and injury
threatened or inflicted by inmate to fellow inmate, jail
officer and civilian.

Use of Proportional Force is the force reasonably necessary in a given

situation that is logical and proportionate to the gravity
of danger, hostile act or assault.

Riot - is a large scale disorganized brawl or combat between

inmates usually due to long standing conflict.

Assault is a situation where violence, threat and intimidation by

inmates is directed against fellow inmate, civilian or any
jail personnel.

Hostage/s a person or persons, who may be an inmate, jail

personnel or civilian, held by another inmate or inmates
as a guarantee that certain actions or promises will or
will not be carried out.

Maximum Tolerance highest degree of restraint that the jail personnel

shall observe in dealing with hostile inmate/s.

Warning Shot - is the intentional discharge of a firearm with the

purpose of causing a positive change in a person's
behavior. A warning shot could be fired to cause a
person to stop fleeing, to cause a person to drop a
weapon, to gain the attention of a potentially violent
crowd, etc.

VI. GENERAL RULES

Regardless of the types of functions to be performed and/or jail operations
to be conducted, all BJMP units and personnel shall comply with and apply the
following rules:

A. Under all circumstances, use of force is justifiable only by virtue of the

Doctrines of Self-Defense and Defense of a Stranger.

B. The use of force shall not be resorted to except when strictly necessary
for the maintenance of security and order, or when personnels safety
is threatened.

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 C. The use of force shall not be resorted to except in self-defense or in the
defense of others against grave and imminent threat of death or
serious injury, or when strictly necessary such as escape of an inmate.

D. As far as possible, non-violent means must be exhausted prior to use of

deadly force.

G. Whenever the lawful use of force and firearms is unavoidable, jail

officers shall:

5. Exercise restraint in such use and act in proportion to the

seriousness of the offence and the legitimate objective to be
achieved;

6. Minimize damage and injury, and respect human rights and preserve
human life;

7. Ensure that assistance and medical aid are rendered to the injured
as soon as possible;

8. Ensure that relatives or close friends of the injured or affected

person are immediately notified as early as earliest possible.

H. Where injury or death is caused by the use of force and firearms, the
jail officer, he/she shall immediately render a detailed narrative report
on the incident to his superiors.

I. The personnel shall be trained on the use of force and firearms.

J. If necessary, stress counseling should be provided to jail personnel who

had been directly involved in incidents where force and, or firearms were used.

VII. USE OF FORCE CONTINUUM

The use of force continuum is an escalating level of force commencing from

no force, to non-deadly force and ultimately, to deadly force. In dealing with the use
of force continuum, the following rules shall be observed:

A. The decision on the appropriateness of the level of force to be used in a

given situation depends entirely on the judgment of the Warden or his duly
authorized representative or other jail personnel confronted with situation requiring
the use of force.

B. NO FORCE CONTINUUM

1. General Principles:

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 Any Jail Officer in the performance of his duty shall:

A. Display an authority figure tempered with patience to maximize efforts to

listen and discern between institutional and personal issues, demands, and
sentiments of the individual or group of individuals;

B. Use tactful persuasive language to gain willing cooperation to discuss and

address the various concerns which triggered the disturbance;

C. Exhaust all persuasive efforts to settle the issues, demands, and

sentiments without compromise to security matters pertaining to escape,
attempt of escape, threat of harm or injury to the staff, other inmates, or
visitors;

D. Not, in any instance, use unacceptable language that would demean or

antagonize the status of the inmate as a person;

E. Not, in any instance, draw, un-holster or point any firearm to anyone that
may cause reactions that will aggravate the situation or necessarily
antagonize anyone; and

F. Exercise maximum tolerance in dealing with hostile, arrogant taunting

inmates.

2. Specific Principles

a. Riot

a. 1 Open Field
a.1.1 Use of negotiation, persuasion and verbalization to
contain, pacify, subdue, and control incident.

a.1.2 Assess the danger of the situation by considering the

number of inmates involved in the riot, whether or not inmates are
armed, the violent reputation of apparent leaders, and external factors
such as the weather, time, possibility of escalation, and other external
threats.

a.2 Close Field

a.2.1 Use of negotiation, persuasion and verbalization to
contain, pacify, subdue and control incident.

b. Noise Barrage
b.1 Lock up inmates to ensure perimeter security.

b.2 Dialogue and negotiate with inmates. If inmates are

compliant, gather all inmate leaders for further dialogue and
open forum.

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 b.3 Never resort to any use of force as long as inmates are only
doing noise barrage and the incident does not escalate into
more serious one.

c. Hostage taking

The Warden or his duly authorized representative must consider

the following factors before decision making, and regardless of the
demands of the hostage takers:

- Whether or not hostage taker/s is/are armed;

- Whether or not the victim is a fellow inmate, jail personnel or
civilian;
- Number of inmates involved in the hostage taking;
- Number of hostages; and
- Length of time.

c.1 Maintain and establish communication with the hostage

takers. It is imperative that an experienced hostage negotiator be
designated as the primary negotiator. The first five (5) minutes is
critical, hence the jail officer nearest the incident must apply verbal
containment techniques by negotiating with the hostage taker until an
experienced negotiator arrives.

c.2 Evacuate inmates who are not involved with the incident into
a more secured place to avoid taking advantage of the situation and to
ensure their safety. Contain the scene of incident by putting up a
security perimeter that will prevent other from entering the scene
except the responder.

d. Lockdown

d.1 Immediately contain the controlled facility. If the inmates

control only a portion of the facility, immediately evacuate non-
participating inmates to the unaffected portion for their safety.

d.2 Immediately conduct a dialogue with the inmates. As much

as possible, find out their demands and negotiate surrender of the
controlled portion of the facility.

d.3 Ensure tight security of perimeter fence to avoid inmates

taking advantage of the situation.

e. Rescue

The Warden or his duly authorized representative must consider

the following factors in decision-making:

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 - the firepower and number of rescuers; and
- in rescue while on transit, presence of civilians and danger of
cross-fire.

e.1 Negotiation must be used to pacify, control, and subdue the

situation. It is also used to ascertain the goal of the rescuers and may
help the Warden or his duly authorized representative into arriving at a
better decision.

e.2 Secure the rest of the inmates who are not involved in the
incident.

f. Assault

The Warden or his duly authorized representative shall consider

the following factors in decision-making:

- whether or not inmates are armed; and

- The victim, whether it is a civilian, jail personnel or fellow

inmate.

f.1 Negotiation must be used to pacify, control, and subdue the

situation. No use of force is authorized if after the assault, the
authorities have regained control of the situation and that there is no
possibility that the assaulting inmate may attack again.

E. NON-DEADLY FORCE CONTINUUM

1. General Principles:

The Warden or his duly designated representative or the Team Leader

of the Custodial and Security Force or the Team Leader of a task force shall:

a. Ascertain or recognize that there is indeed a need to assert

authority over erring inmates after exhaustion of efforts to settle issues,
demands and sentiments.

b. Evaluate the situation and decide on the degree of non-deadly force

to be employed taking into consideration the following circumstances:

-the possibility that the incident could escalate into a more serious one;

-the skill and experience of the jail personnel who will administer the
non-deadly force; and

-the compliance of inmates or their sincerity to negotiate surrender.

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 c. Continue negotiation notwithstanding the use of non-deadly force.
Resume negotiation if inmates show willingness to cooperate.

d. Resort to non-deadly force when the use of words does not control
and the use of deadly weapon is inappropriate.

e. Authorize the use of non-deadly force in cases where inmates are

non compliant despite verbal containment or the gravity of the situation
dictates that verbal containment is not appropriate.

f. Authorized use:

f.1 Physical contact

Jail Officers must be adequately and appropriately trained
for the purpose. The height, built and age of the inmate must
also be taken into consideration to select the most appropriate jail
officer.
Inmates must not be armed.
Blows must be directed to non-fatal parts of the body such as
hands, legs etc.
f.2 Chemical/Electrical/Inflammatory (CEI) agents
Resort to use of this kind of weapon only when there are personnel
trained for the purpose. Prior to use of CEI agents, a paramedic
must be available to provide first aid.
The use of CEI weapon should be exercised with due diligence
since sparks from these weapons are capable of igniting flammable
materials likely to cause more serious harm and injury like fire and
explosion.
The health and physical condition of inmates must be taken into
consideration in choosing this non-deadly force for this may be fatal
for other inmates such as asthmatic and other sick inmates.
The ventilation of the area should also be taken into consideration.
f.3 Impact weapons
Only trained jail officers are authorized to use impact weapons.
Fatal parts of the body must be avoided since these weapons are
also capable of inflicting serious and even deadly harm.

G. Authorized use of non-deadly force shall be used only to temporarily

incapacitate inmate and bring back the control to the authorities.

2. Specific Principles

a. Riot
a.1 Open Field
a.1.1 With continued use of verbalization. Ascertain
whether inmates are armed or not to determine the appropriate
force to use.
a.1.2 Isolate and secure non-participating inmates.

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 a.1.3 If inmates are unarmed but resistant, use impact
weapons.
a.2 Close Field
a.2.1 Carefully assess the situation to minimize the risk to
inmates and responding personnel.
a.2.2 Physical contact may be discouraged since this is a
close field incident and it might endanger the life of the
responding jail officer.
a.2.3 Determine whether the use of chemical weapon is
appropriate. Consider ventilation and amount of chemical
weapon to be used as it may put the lives of the personnel or
inmates at risk.
a.2.4 Impact weapons shall only be applied by trained
personnel.
a.2.5 Use other means of non-deadly force in a proper
and considerate manner.

b. Noise barrage
b.1 At the first stage of violence, non deadly force shall be
considered.
b.2 CEI weapons may be used to pacify or subdue inmates only
if incident is escalating to violence.
b.3 Non-deadly impact weapons shall be deployed only when
there is apparent threat to life and property.

c. Hostage
c.1 If the hostage-taker is unarmed, use of non-deadly force
may be authorized. However, try to minimize the risk of injury.
c.2 If the hostage takers are armed, impact weapons might be
utilized to subdue the inmates. Careful evaluation of the situation is
needed to determine whether impact weapons are sufficient or not.

d. Lock down
d.1 Determine how long do the inmates have controlled the
facility. Reasonable time is dependent on each situation and within the
discretion of the authorities.
d.2 If inmates are unarmed, physical force is possible by
individual restraint. It is also important to consider the number of
inmates involved in the incident and the availability of manpower to
individually restrain each inmate and eventually pull them out of the
facility.
d.3 If inmates are armed, use chemical, electrical and other
inflammatory agents to control inmates.
d.4 Notwithstanding the use of non deadly force, negotiation
should be continuous.
d.5 Non deadly force shall be immediately discontinued when it
is apparent that the inmates are ready to give up the controlled facility.

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 e. Rescue
e.1 Immediately alert the proper authorities as regards the
rescue.
e.2 In case of rescue inside the jail facility and the rescuers are
heavily armed, use CEI weapon to incapacitate the rescuers and rescue
inmates. The ventilation and the space must be taken into
consideration when using chemical weapons.
e.3 Never use CEI weapon in case of rescue while on transit if
there are innocent civilians who might be affected.
e.4 As much as possible in case of rescue while on transit, the
nearest police station or the jail must be immediately informed of the
incident for proper back up.
e.5 Physical force and impact weapons shall be used only when
rescuers are armed.

f. Assault
f.1 Use of CEI weapon in order to temporarily incapacitate the
assaulting inmate and at the same time, rescue the victim. This may
also be used by authorities to control the situation.
f.2 Use physical restraint if the assaulting inmate is not armed.
f.3 Use impact weapons if inmates remain non compliant after
several hours of negotiation and only if inmates are unarmed.

F. DEADLY FORCE CONTINUUM

1. General Principles:

The Warden or his superior shall:

a. Notwithstanding the exercise of deadly force, exhaust efforts of

verbalization and persuasion to contain, subdue and control incident;
b. Resort to use of deadly force only after failure of negotiation or non-
deadly force intervention;
c. Use deadly force only to incapacitate inmates or restrict the mobility of
inmates and should not be aimed at any fatal part of the body;
d. Not authorize the use of deadly force or non-deadly force when no force is
needed to resolve the situation and shall immediately order to discontinue
the use of deadly force after the necessity of using it has ended;
e. Include in his repertoire the threat to use of deadly force such as pointing
a gun against an inmate;
f. Employ deadly force only in defense of life or if there is reasonable ground
to believe that there is grave and imminent danger to the life of the jail
officer himself, fellow jail officers, inmate/inmates and innocent civilians;
and
g. Exercise the use of deadly force with reasonable care and diligence to
justify its use.

2. Specific Principles:

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a. Riot

a.1 Open Field

a.1.1 Deadly force shall be used if inmates are armed and
uncontrollable or;
a.1.2 When negotiation fails and lives are in grave and
imminent danger.
a.1.3 Shall be used only after non-participating inmates
are properly isolated and secured.

a.2 Close Field

a.2.1 Deadly force may be used only if despite the use of
non deadly force, inmates remain non compliant.
a.2.2 Prior to use of deadly force, the authorities should
have properly identified the inmates involved in the riot.

b. Noise Barrage

Deadly force shall be employed if in case a situation escalates

into a serious condition or other inmates resort to violence and pose
grave and imminent danger to the lives of inmates and jail personnel.

c. Hostage taking

c.1 Deadly force may be used if there is total failure of

negotiation and the inmates remain non compliant despite the use of
non-deadly force;
c.2 If the hostage takers are armed;
c.3 A hostage or hostages had been killed;
c.4 Immediately discontinue use of deadly force if there are
signs that the use of force is not already appropriate such as when
hostage takers already show signs of surrender.

d. Lockdown

d.1 When the erring inmates have assaulted fellow inmates who
refused to participate in the lockdown.
d.2 If there is a reasonable ground to believe that there is grave
and imminent danger to the lives of inmates and personnel in the
facility.

e. Rescue

e.1 In case of rescue by outside forces or in any situation during

rescue where lives of inmates and personnel are on grave and
imminent danger, or when it is established that the rescuers are
determined to inflict harm or injury.

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 e.2 If part of the facility is destroyed or if the jail security is
severely jeopardized by rescue attempt.
e.3 Never use firearms in case of rescue while on transit if it
possesses a grave and imminent danger to the lives of the people
living in the area.

f. Assault

f.1 When use of deadly force is authorized to incapacitate the

assaulting party and prevent him from attacking other people.

E. WARNING SHOT

1. Disadvantages of warning shot

a. Warning shots may pose risks to innocent civilians, inmates and jail
personnel.
b. Warning shots may cause an armed fleeing inmate to fire back believing
that the shot was intended to kill him.
c. Jail personnel could inadvertently shoot the inmate on fatal part of the
body resulting to his death.
d. When exercised negligently, warning shots may cause injury to persons
or damage to property.

2. Advantages of warning shot

a. Warning shots when exercised properly are effective ways to stop a

fleeing inmate or vehicle.
b. It enables to get the attention of other people of the ongoing commotion
or incident.
c. It enables to give caution to other jail officers of the ongoing commotion
and to respond immediately.
3. Authorized situations
a. The shot should not be aimed at fatal parts of the body nor in a particular
person.
b. Since they constitute deadly force, warning shots must be exercised with
due diligence and only if the jail personnel reasonably believes that the
inmate/inmates pose grave and imminent threat into the lives of innocent
civilians, inmates and jail personnel in the area.
c. Warning shots are authorized in open field but not in close field. In
giving a warning shot, extra prudence must be exercised to ensure that it
will not cause any injury to any person or damage to property.

F. DEPRIVATION OF FOOD, WATER, AND ELECTRICITY DURING JAIL

INCIDENTS

1. Advantages

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 The provision of food, water, electricity can be used by the jail
personnel to negotiate to erring inmates and possibly to gain some
concessions like release of a hostage in exchange of food.

2. Disadvantages

a. Food and water are basic rights which cannot be deprived in all
cases and under any circumstances. To deprive inmates of these rights is a
violation of their human rights.

b. Deprivation of food and water is considered as deadly force since

continuous lack of these necessities may result to weakening of the body
and if for a longer period may result to death.

c. Human rights groups may question the deprivation which may result
to unnecessary lawsuit.

3. Authorized use

a. The deprivation is authorized only when there is reasonable ground

to believe that there is an imminent and grave danger into the lives of jail
personnel who will deliver the food, water or any necessities.
b. It is authorized to cut-off electricity during use of CEI weapon since
sparks from chemical weapon are capable of igniting flammable materials
which may result to fire and explosion. The cut off, however, must be for a
limited time only.
c. Authorized to reduce food and water but not to totally deprive
inmates throughout the incident.

VIII. POST ACTION ACTIVITIES:

A. Debriefing

1. Debriefing of Personnel
a. All personnel involved in the incident must undergo a thorough
physical, medical and psychological check up.
b. After the critical jail incident, all personnel must be briefed on the
event, present the evaluation and recognized lessons learned. In this
way, personnel may not only learn from the experience but also
participate in the investigation.

2. Debriefing of Inmates
a. Within 24 hours after the critical jail incident is resolved and the
situation is back to normal, the Warden shall gather all inmates for a
dialogue, thresh out important issues and settle possible sources of
conflict.
b. All inmates involved in the incident must be segregated from the
rest.

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 c. Inmates involved in the incident must undergo a thorough physical
and medical check-up. Seriously wounded inmates must be
immediately brought to the nearest hospital.

B. Record keeping of the Incident

1. Preserve the crime scene and make sure that all evidences are
sealed and protected/untampered.
2. Within 24 hours after the incident, a partial report should be
submitted by the Warden to the Regional Director who shall in turn,
make a report to the Chief, BJMP.

C. Evaluation of the applicability of the Use of Force

1. After an incident involving the use of force, a thorough investigation

should be conducted to determine the appropriateness of the level
of force used taking into consideration the following factors:

a. The nature of the incident;

b. The level of force used;
c. Number of inmates involved in the incident;
d. Number of personnel present in the incident; and
e. Logistical capability of personnel including firearms and
equipment.
f. Damages/casualties caused.

2. Identify lessons learned from the incident.

IX. REPEALING CLAUSE:

All circulars or issuances inconsistent with this directive are hereby rescinded
or modified accordingly.

X. EFFECTIVITY:

This policy shall take effect immediately.

ROSENDO M DIAL, CESO III

Jail Director (DSC)
Chief, BJMP

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 ANNEX G

Use of Rubber Bullets and Rubber-Coated Bullets

MEMORANDUM
TO : Directors of Directorates
Heads of Offices
Regional Directors
JNTI Director
SUBJECT : Use of Rubber Bullets and Rubber-Coated Bullets
( Addendum to SOP on Use of Force and Weapons)
DATE : 08 November 2010
1. Reference: DPD Research Study dated November 05, 2009 regarding
Rubber Bullets and Rubber-Coated Bullets.

2. In connection with the above reference, the use of rubber bullets and
rubber-coated bullets are considered lethal munitions and not as non-lethal or less-
lethal weapons as they are commercially labeled. These bullets can cause same
damage and injury as the regular bullets. Hence, the use of these bullets should only
be resorted on incidents requiring deadly force mentioned in the Standard Operating
Procedures on the Use of Force and Weapons. They can also be used as better
alternative to regular bullets in cases of self-defense or defense of stranger.

3. The official safe range on firing the rubber and rubber-coated bullets is
at least 40 meters. This minimum range must diligently observed when these bullets
should be necessarily used.

4. For guidance and information.

ROSENDO M DIAL, CESO III

Jail Director (DSC)
Chief, BJMP

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 ANNEX H

August 12, 2010

MEMORANDUM CIRCULAR
No. 2010-02
POLICY ON PREGNANT INMATES AND THEIR INFANTS
I. REFERENCES
1. Universal Declaration of Human Rights;
2. United Nations Standard Minimum Rules for the Treatment of Prisoners;
3. 1987 Philippine Constitution;
4. Republic Act no. 7438 -"An Act Defining Certain Rights of Person Arrested.
Detained or Under Custodial Investigation as well as the Duties of the Arresting,
Detaining and Investigating Officers, and Providing Penalties for Violations
Thereof";
5. Rules and Regulations Implementing Republic Act no. 9262, otherwise known as
the "Anti-Violence against Women and their Children Act of 2004";
6. Republic Act No. 10028 -An Act Expanding the Promotion of Breastfeeding,
Amending for the Purpose Republic Act no. 7600, otherwise known as "An Act
Providing Incentives to All Government And Private Health Institutions with
Rooming In and Breast-Feeding Practices and for other purposes;
7. BJMP Manual Revised 2007;
8. Bureau of Corrections Manual of Operations;
9. After Activity Report of J!SSUPT AMELIA V TALENTO, TLPE, Director for Inmates
Welfare and Development re: National Summit on Family Court;
10. Position Statement dated August 10, 2009 of the American Correctional Health
Services Association on the Use of Shackles on Pregnant Inmates;
11. Memorandum Circular no. 2008-01 dated 12 March 2008 re: Revised Standards
on Food Service Management; and
12. Memorandum dated 10 November 2003 re: Policy on Pregnant Inmates.

II. BACKGROUND/RATIONALE
The Bureau of Jail Management and Penology (BJMP) envisions itself as a
dynamic institution highly regarded for its sustained safekeeping and
development of inmates. One of its core values that guide its personnel is the
promotion of the rights of its inmates, especially women with special needs.
Over the years, the Bureau's female inmates have increased nationwide. As
such, the necessity to bring more clarity to considerations which should apply
to the treatment of female inmates has acquired importance and urgency.
Although efforts have been made to support their needs and defend their rights
in the past, there are still issues and concerns that need to be addressed.

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 In the National Summit on Family Courts held on 12 March 2010 at the Manila Hotel,
the attention of BJMP was called on several issues. Among others are the lack of
clear policy on pregnant inmates and custody of the newborn.
Section 45, Rule VII of the Implementing Rules and Regulations (IRR) of RA
9262 states that "In all cases, the rights of persons arrested, investigated or
detained as provided by the Philippine Constitution and under RA 7438 shall, at
all times, be respected."
Article 25 (2) of the Universal Declaration of Human Rights states that
"Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection." In addition, The UN Standard Minimum Rules for the Treatment of
Prisoners provides pregnant inmates to be given special accommodation, care
and treatment.
In pursuit of its mandate and to address the above concerns, the Bureau must
establish a clear policy and set of guidelines.

III. PURPOSE AND SCOPE

1. This Circular aims to provide a policy on the treatment of pregnant inmates,
inmates that just gave birth and guidelines on the handling of their infants while
detained in jail.
2. The scope of this policy is limited only on the following:
a. pregnant inmates under the custody of the BJMP;
b. inmates that just gave birth; and
c. infants whose mothers were detained under a BJMP jail. An infant shall mean a child
within zero (0) to twelve (12) months of age.
3. This policy also does not, in any way, encourage female inmates to be pregnant
but as a matter of treating these inmates who are or became pregnant while
under detention or have just gave birth prior to their incarceration. An inmate
that is not pregnant prior to incarceration shall remain not pregnant while
detained in jail to avoid health and security complications.

4. In line with the above, conjugal visits with sexual contacts to spouse for female
inmates are hereby prohibited so as to pre-empt unwanted pregnancies in jails.

IV. POLICIES AND GUIDELINES

1. As a general policy, dormitories and rooms used for accommodation of female
inmates shall, as much as possible, have facilities and materials required to meet
their specific hygiene needs, including, at least, a regular supply of water to be
made available for the personal care. These dormitories or rooms must not be
used for personal gain of the personnel assigned in jails.

2. All female inmates shall undergo pregnancy test to be done by the jail
administration prior to classification and segregation. If found pregnant, they
shall be placed in a separate room/cell designated exclusively for pregnant
women, nursing mothers and infants. It shall be secluded from other inmates
and visitors.

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1. Pregnant women shall be given priority or special accommodation over ordinary
female inmates. However, the giving of priority or special accommodation must
not be abused by pregnant inmate or nursing mother inside the jail.

2. Disciplinary segregation shall not be applied to pregnant women, breastfeeding

mothers and women with infants in jail.

3. Pregnant or nursing female inmates shall receive advice on their diet under a
program to be drawn up and monitored by the jail dietician. Appropriate food,
subject to the approved meal budget for inmates, must be provided for babies
and breast-feeding mothers by the jail administration.

4. Regular check-ups of pregnant inmates in a government hospital shall be

authorized in the absence of an assigned roving physician and provided a court
order is secured for the purpose. A Memorandum of Agreement (MOA) between
the BJMP unit and the government hospital for regular check-ups of pregnant
inmates shall be accomplished. The MOA must, as much as possible, stipulate the
obligation of the hospital to conduct check-up in jail rather than outside unless
impracticable.

5. The medical and nutritional needs of female inmates who have recently given
birth, but whose babies are not with them in jail, shall be included in the
treatment program.

6. As much as possible, no pregnant inmate shall deliver a baby inside the jail. The
jail administration must make all the necessary preparations so that pregnant
inmate shall give birth, preferably, in a government hospital. The preparation
shall include the obtaining of a court order and the regular monitoring of the
pregnant inmate to prevent giving birth in jail. If, however, the pregnant inmate
chooses to have her delivery in a private hospital, a court order for the purpose
should be secured. It shall indicate, among others, that all expenses for the
delivery in the private hospital shall be borne by the pregnant inmate or her
family. The hospital of choice should be logistically feasible.

7. In case of inevitable and unforeseen situation and it is imminent that the

pregnant inmate will give birth very soon without a court order being issued, she
may be brought to the hospital.

8. In all cases, the court shall be notified within twenty-four (24) hours from
confinement whether private or government hospital.

9. In extreme cases that a pregnant inmate cannot be brought to a hospital, she

will be attended by the duty nurse or any midwife/medical practitioner available.

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10. While it is understood that security is vital in the off-site transportation of any
incarcerated individual, the pregnant inmate's individual health as well as
incarceration history shall be considered in the decision to utilize instruments of
restraint during transport as a precaution against escape or to prevent an inmate
from injuring herself or other people or damaging property. Inmates in the third
trimester of pregnancy shall be handcuffed in the front for safety reasons if they
must be restrained.

11. To ensure that health and lives of the mother and unborn child are not
compromised, instruments of restraint shall be removed for pregnant inmates
during labor and the mother is detained in jail may b< allowed to stay with the
mother for a period not exceeding one (1) month but may be extended by the
Warden based on a written medical recommendation of the jail nurse or a
qualified medical personnel and the best interests of the child within the scope of
relevant domestic laws. Thereafter, the child will be sent to her own home or to
the custody of her husband or relatives. If, however, any of these options fails,
the Warden shall make arrangements with the Department of Social Welfare and
Development (DSWD) or any other social welfare agency for the infant's care.

1. The removal of the child from jail shall be undertaken with sensitivity, proper
documentation and only when adequate alternative care arrangements for the
child have been identified.

2. An infant which was already removed from jail may be brought to its detained
mother in the succeeding days. They shall stay in the special designated room
and the infant's stay must be within the visiting hours only.

3. Children of female inmates that are classified as infants shall be accorded with
the same treatment as infants who were born by female inmates while detained
in jail.

4. Pregnant inmates and those who have recently given birth will be provided with
medical services that the jail can offer at its infirmary. A nurse or a medical
practitioner in a jail may provide some health advices to ensure that female
inmate and her baby will both be healthy.

5. The BJMP shall exert efforts to construct separate rooms/cells to accomplish the
objectives of Part IV, NO.2 of the policy.

V. SEPARABILITY CLAUSE
In the event that any provision or part of the policy be declared unauthorized
or rendered invalid by a competent authority, those provisions not affected
by such declaration shall remain valid and effective.

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VI. REPEALING CLAUSE

All other existing issuances which are inconsistent with this policy are hereby
rescinded or modified accordingly.

VII. EFFECTIVITY
This policy shall take effect immediately.

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 ANNEX I

16 September 2010

BJMP
STANDARD OPERATING PROCEDURES
NUMBER 2010 - 04

ADMISSION AND RELEASING OF INMATES

XIV. REFERENCES

1. United Nations Standard Minimum Rules for the Treatment of Prisoners;

2. 1987 Philippine Constitution;
3. BJMP Manual Revised 2007;
4. Inputs of meetings: A Call for Action.Working Group on the Criminal
Justice System facilitated by the ICRC; and
5. Memorandum to all Regional Directors dated 04 August 2010 re: Feedback
and Referral Mechanism.

XV. BACKGROUND/RATIONALE

The Guiding Principles of the United Nations Standard Minimum Rules for the
Treatment of Prisoners states, among others, that Imprisonment and other
measures which result in cutting off an offender from the outside world are
afflictive by the very fact of taking from a person the right of self-determination
by depriving him/her of his/her liberty. Therefore, the prison system shall not,
except as incidental to justifiable segregation or the maintenance of discipline,
aggravate the suffering inherent in such a situation. Hence, a well-planned
and organized reception and release of detainees is critical to achieving this.

Relatedly, the Bureau, in its quest for humane safekeeping and development of
inmates, needs to institutionalize a feedback and referral mechanism in which
stakeholders are notified of the status of the inmate under its custody and
thereby make appropriate action, if necessary, in consonance with their
respective mandate under the law. This mechanism, in short, creates a channel
between the stakeholders with hope of speeding up the disposition of the
inmates cases, protect his/her rights, provide the necessary intervention and
aid him/her in his/her reintegration into the mainstream of the society.

The correctional process that starts with the admission of the inmate greatly
influences his/her attitude and behavior toward the custodial and rehabilitative
regimens he/she must undergo during confinement, and perhaps, to some
extent, affect his/her outlook and adjustment after his/her release.

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XVI. PURPOSE

This policy aims to provide a standardized admission and releasing procedures

of inmates at the jail facilities of the Bureau of Jail Management and Penology
as well as the actions to be taken by the warden in relation to the case of the
inmate from the time he/she is admitted until the time of his/her release.

XVII. OBJECTIVES

1. To provide standardized guidelines in the admission of inmates;

2. To institutionalize a feedback and referral mechanism for the notification of
stakeholders; and
3. To establish standardized guidelines in the releasing of inmates.

XVIII. PROCEDURE ON ADMISSION

G. DESK OFFICER

g. Upon commitment of an inmate, check the credentials of the person

bringing the inmate to determine his/her/their identity and authority.
h. Make sure that the following documents are available:
i. Commitment Order
j. Information/Complaint
k. Medical Certificate issued by Government Hospital
l. Examine the arrest report and the authenticity of the commitment order.
m. Take all cash and other personal property from the inmate, list them down
on a receipt form duplicate, duly signed by him/her and countersigned by
the inmate. Original receipt should be kept for the record and duplicate
should be given to the inmate.
n. All cash and other valuables of the inmate must be turned over to the Jail
Property Custodian for safekeeping and covered by a receipt.

H. RECORDS/ADMITTING OFFICER

7. Receives the documents from the DO and starts the booking procedures.
8. Inmate is fingerprinted and photographed.
9. Inmate is strip-searched to check for any markings, cuts, bruises, etc. and
same shall be indicated in the jail booking report.
10. Inmates clothing shall be checked for presence of contrabands.
11. In a dialect that the inmate understands, he/she shall be apprised of the
provisions of Art 29 of the RPC as amended by RA 6127.
12. If the inmate agrees to abide by the same disciplinary rules upon convicted
inmates, he/she shall be asked to sign a Detainees Manifestation. Otherwise,
the warden issues a Certification under oath to the effect that the detainee
was apprised of the provision of Art 29 of the RPC as amended and that the
inmate refused to sign.

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 I. JAIL MEDICAL OFFICER

3. Conducts thorough check-up on the overall condition of the inmate during the
time he/she was brought to the jail.
4. Checks on the entries in the medical certificate to ascertain any discrepancies
and records any findings not indicated.

J. CHIEF CUSTODIAL/ OFFICER OF THE DAY

Orients the newly committed inmate of the rules and regulations of the
jail.

K. RECORDS/ DESK OFFICER (as the case maybe)

Assigns the newly committed inmate to his/her cell.

L. JAIL WARDEN

Coordinate with concerned agencies regarding the case of inmate for

speedy disposition and to furnish them copy of the needed documents
available.

XIX. PROCEDURE TO BE TAKEN ON INMATES WHILE UNDER BJMP

CUSTODY

1. The jail warden shall see to it that all the concerned agencies and persons
shall be informed of the commitment of the inmate in his/her jail by
submitting a written report. (Refer to the sample/draft letters to different
agencies).

2. The warden, through his paralegal officer, shall ensure that the case of
inmate is being attended to by the courts and prosecutors office by
constantly coordinating with them with the purpose of speeding-up the
disposition of the case. For this purpose, the sharing of non-confidential
information with the concerned agencies is encouraged.

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 3. The following agencies/persons shall be notified by the warden upon
commitment of the inmate:

b. Presiding Judge - mandatory (to submit list of

committed inmates monthly)
c. Executive Judge/Clerk of court - mandatory (to submit list of
committed inmates monthly)
d. PNP - mandatory
e. NBI - mandatory
f. Family - mandatory
g. PAO lawyer - in case of indigent inmate
h. IBP legal aide - in case of indigent inmate and
unavailability of PAO lawyer
i. Private lawyer - upon request
j. Priest or religious minister - upon request
k. Private physician - upon request
l. Commission on Human Rights - as needed / to submit list of
committed inmates monthly
m. Public physician - as needed
n. Psychologist/Psychiatrist - as needed
o. Embassy - mandatory in case of foreign
national/alien
p. DSWD - mandatory in case of CICL
q. Court (other branches) - in case of multiple cases

XX. PROCEDURE ON RELEASING

A. DESK OFFICER

Upon receipt of Release Order, verifies authenticity of said order.

B. RECORDS/ADMIN OFFICER

1. Starts processing inmates release.

2. Checks inmate records to be sure that the data in the Release Order coincide
with the data in the inmates carpeta (spelling of name, offense, Criminal
Case Number, etc.)
3. Checks that the inmate has no other pending case/s
4. Routes the Release Paper to different signatories.

C. PROPERTY CUSTODIAN

1. Checks on the receipt of property and returns to the inmate his/her

deposited items.
2. Makes sure that returned properties were duly received by the inmate in
his/her logbook.

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 D. DESK OFFICER

Puts into record the release of inmate and the condition of the inmate
upon his/her release.

E. JAIL WARDEN

Report to concerned agencies/persons the release of inmate for

aftercare program. The following agencies/persons shall be notified by
the warden upon release of the inmate:

a. Barangay Captain - mandatory

b. Priest or religious minister - mandatory
c. Family - if release is not witnessed by
any member of immediate
family
d. Court - in case of convicted inmate

XXI. SEPARABILITY CLAUSE

In the event that any provision or part of this SOP be declared unauthorized or
rendered invalid by a competent authority, those provisions not affected by
such declaration shall remain valid and effective.

REPEALING CLAUSE

All other existing issuances which are inconsistent with this policy are hereby
rescinded or modified accordingly.

XXII. EFFECTIVITY

This policy shall take effect immediately.

ROSENDO M DIAL, CESO III

Jail Director (DSC)
Chief, BJMP

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 FLOWCHART A

*Note: The jail warden shall see to it that all the concerned agencies
/ persons as stated in Section VI (3) shall be informed of the commitment
of the inmate in his/her jail.

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FLOWCHART B

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