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INSTITUTIONAL CORRECTION

CHAPTER 1
INTRODUCTION TO INSTITUTIONAL CORRECTION

DEFINITION OF TERMS

1: CORRECTIONS

 A branch of the administration of the criminal justice system charged with the
responsibility for the custody supervision and rehabilitation of convicted
offenders.
 It is the field of criminal justice administration ,which utilizes the body of
knowledge and practices of the government and the society in general
inv olving the processes of handling individuals who hav e been convicted of
offenses for the purposes of crime prev ention and control
 It describes a wide range of diversified programs ,agencies ,and institutions as
well as their respectiv e philosophical goals ,ideals and theory about the
nature of human society ,crime and criminal offender
 It is the fourth and it is considered to be weakest pillar of the criminal justice in
the Philippines
 It is considered to be t he weakest pillar because of failure to deter individuals
in committing crimes as well as the reformation of criminal offenders

2: CORRECTIONAL ADMINISTRATION

 Study of practice in systematic management concerned with the custody


,treatment and rehabilitation of criminal offenders.

3: CORRECTION AS A PROCESS

 Refers to the reorientation of the criminal offender to prevent him or her from
repeating his dev iant (abnormal) or delinquent (criminal, felonious, wrong)
actions without the necessary of taking punitive actions but rather the
introduction of individual measures of reformation.

4:CLASSIFICATION

 It is a method by which diagnosis ,treatment ,planning and execution of


treatment program in individual case

 This of these refers to the assigning or grouping of offenders according to their


sentence, gender, age, nationality, health, criminal record, etc.

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5: CRIMINAL JUSTICE SYSTEM

 It is the machinery used by a government to protect the society against


criminality and other peace and order problems.

6: CUSTODY

 Guarding and penal safe keeping


 The maintenance of care and protection accorded to people who by
authority of law are temporarily incarcerated ( confined, im prison, locked up..
) for violation of laws and also those who were sentenced by the court to
serv e judgment.

7: CONTROL

 Control inv olves supervision of prisoners to insure punctual and orderly


mov ement to and from the dormitories ,place of work ,church, hospitals
recreational facilities ,in accordance with the daily schedules .

8: COUNSELLING

 It Is defined as a relationship in which one endeav ors to help another and


solve his problem of adjustment it is distinguished from adv ice and admonition
in that it implies mutual consent .

9: CASE WORK

 In correctional work includes the professional service rendered by


professionally trained personnel in the description and social treatment of
offenders .

10: CONTRABAND

 Is anything found in the possession of the prisoner contrary to rules and


regulation

11: DISCIPLINE

 It has also been defined as a continuing state of good order and behav ior

 It includes the maintenance of good standards of work ,sanitation ,safety,


education personal health and recreation.

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12:INSTITUTION-BASED CORRECTION PRACTICES

 Offenders found guilty and sentenced by the Courts for confinement are
categorized based on their length of sentence into either a municipal ,city
,provincial or national prisoner facilities based on these categorizations

13; DIVERSIFICATION

 The principle of separating homogenous type of prisoners that requires special


treatment and custody.

14: IMPRISONMENT

 The process putting of offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them by requir ing the latter to
undergo institutional treatment Program

15: MORALE

 Is the mental condition of individuals or group regarding courage ,zeal, hope


and confidence in the present principle and way of life

16: PENOLOGY

 The study of punishment for the crime or of the criminal offenders


 Is a term deriv ed from the latin word POENA which means pain or suffering
 Otherwise known as Penal science
 Can be defined as the division of criminology that deals with the prison
management and treatment of offenders and concerned itself with the
philosophy and practice of society in its effort to repress criminal activities

17:PUNISHMENT

 It is the redress that the state takes against an offending members for the
transgression of law .

18: PENALTY

 The suffering that the state takes against the offending members for the
transgression of law .

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19: PENAL MANAGEMENT

 It is the manner or practice or controlling places of confinement like jails or


prison

20: PROSELYTIZING

 The act of prisoner trying to conv ert or induce another to change his religious
belief, sect or the like to another

21: CONTRABAND

 Any article, item or thing prohibited by law and /or forbidden by jail rules

22; DETAINEE

 A person accused before a court or competent authority who temporarily


confined in jail while undergoing investigation or waiting for final judgment.

23: ESCAPE

 An act of getting out unlawfully from confinement or custody by an inmate

24: INMATE

 It refers to either a prisoner or detainee confined in jail

25: PRISONER

 An inmate who was convicted by final judgment and classified as insular, city
or Municipal.

26: MITTIMUS

 A warrant issued by a court bearing it seal and signature of the judge


,directing the jail or prison authorities to receiv e inmates for custody or service
of sentence imposed therein

27: COMMITMENT ORDER

 A written order of the court or any other competent authority consigning an


offender to jail or prison for confinement

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28: SAFE KEEPING

 The temporary custody of a person for his own protection .safety or care and
his security from harm ,injury

 shall refer to the act that ensures the public (including families of inmates and
their victims) that national inmates are provided with their basic needs,
completely incapacitated from further committing criminal acts, and hav e
been totally cut off from their criminal networks (or contacts in the free
society) while serving sentence inside the premises of the national
penitentiary.

 This act also includes protection against illegal organized armed groups which
hav e the capacity of launching an attack on any prison camp of the national
penitentiary to rescue their conv icted comrade or to forcibly amass firearms
issued to prison guards.

29; SUBSIDIARY IMPRISONMENT

30: INSOLVENT

 A convicted offender who cannot pay a fine that is imposed upon him

31; INSTRUMENT FO RESTRAINT

 A device contriv ance ,tool, or instrument use to hold back ,keep in check or
control an inmate ,e.g handcuffs, leg irons

32: OPERATION GREYHOUND

 Operation conducted by the BJMP wherein prisoner may be checked at any


time ,His beddings ,lockers and personal belongings may be opened at any
time .in his presence ,whenev er possible

33: CONJUGAL VISIT

 A privilege of a married male prisoner is visited by his wife and they are
granted time for their marital sexual obligation

34: HALF WAY


 These are group homes designed to help institutionalized people adjust to life
in the outside community

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35; CARPETA

 Inmate record or jacket, it contains the personal and criminal records of the
inmate.

36; STRIP SEARCH

 A practice of searching a person for weapons or other contraband suspected


of being hidden on their body or inside their clothing ,and not found by
performing a frisk search ,by requiring the person to remove some or all of his
or her clothing .the search may inv olve an official performing an inmate
person search and inspecting their personal effects and body cavities
(mouth,v ogina,anus etc) A strip search is more intrusive than a frisk and
requires legal authority .Regulations covering strip searches v ary considerably
,and may be mandatory in some situations or discretionary in others .

37; SHAKE DOWN

 Examination of an inmate for contraband before admission

38; CONVICTION

 (Criminal law) a final judgment of guilty in a criminal and punishment that is


imposed

39; CONVICTION. GUILTY VERDICT


 An act finding some body guilty of a crime ,or an instance of being found
guilty

40: REHABILITATION

 The task of changing an offenders ‘s attitude so that he or she may not be


commit Another crime in the future

41: REINTEGRATION

 This refers to phased reentry into society rather than the usual abrupt re- entry
at the end of a prison sentence

42: QUASI RECIDIVIST

 Any person who shall commit a felony after hav ing been convicted by final
judgment before beginning to serve such sentence or while serving the same
,shall be punished by the maximum period of the penalty prescribed by law
for the new felony

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43: HABITUAL CRIMINAL

 A person is deemed to be a habitual criminal if within the period of 10 years


from the date of his released or last conviction of the crime of serio us or less
serious physical injury ,robbery ,theft estafa or falsification ,he is found guilty of
any of said crimes a third time or oftener

44: RECIDIVIST

 One who at the time of his trial for one crime shall have been prev iously
convicted by final judgment of another crime embraced in the same title of
the Rev ised Penal code)

45: REFORMATION

 W hich is the rehabilitation component of the BuCor's present corrections


system, shall refer to the acts which ensure the public (including families of
inmates and their victims) that released national inmates are no longer
harmful to the community by becoming reformed individuals prepared to live
a normal and productive life upon reintegration to the mainstream society.

46; SHOT DRILL

 One form of punishment inflicted on prisoners ,which simply involved carrying


heav y loads from one place to another and then returned to the same place
over and ov er again every day

47: TREADMILL

 Another method dev ise used to make the prisoner suffer where the prisoner is
continually made to continually climb stairs .Prisoners are made to climb this
treadmill continually during the day time with prisoner logging up to 14,ooo
feet of stairs per day or the equiv alent of three to four stiff mountains climbed
per day

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CHAPTER 11

HISTORICAL PERSPECTIVE ON THE DEVELOPMENT OF CORRECTIONS

Correction

 Is that branch of the administration of the criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of the convicted
offenders?

 is the study of jail/prison management and administration as well as rehabilitation


and reformation of prisoners.

Penology –

 From the Greek words “Poine” which means Punishment and “Logus” – course
or study of crime prevention, prison, reformatory management and correction
of criminals.

A: The Classical School of Criminology

 The classical theory came about as a direct result of two influences :


1. it came about as a protest against the abuses and discretionary power of
judges
2. it was also influenced by the philosophical school of thought

 It maintain the doctrine of psychological hedonism and freewill .that individual


calculates the pleasures and pain in adv ance of action and regulates his
conduct by the result of his calculation

 Cesare Beccaria (Cesare Bonesara Marchese de Beccaria) with Jeremy


Bentham (1823) who proposed “Utilitarian Hedonism”, the theory, which explains
that a person always acts in such a way as to seek pleasure and av oid pain,
became the main advocates of the Classical School of Criminology.

Cesare Beccaria

 In his “book , Crimes and Punishment”, he presented his key ideas on the
abolition of torture as a legitimate means of extracti ng confessions. He holds
that justice consists of equal treatment of all criminals for like offenses. whereas
the court of the day were dealing unequally with criminals according to their
rank and influence .Becaria would have the legislature ,not the court determine
the exact punishment appropriate to each crime .no discretion would be left to
the judge.

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Freewill (Beccaria) –

 a philosophy adv ocating punishment sev ere enough for people to choose, to
av oid criminal acts

Bentham of England

 Another exponent of classical school also holds that society must reward those
who accept responsibility and punish those who do not. Thus bringing pleasure
and pain into service of society.

Hedonism (Bentham) –

 The belief that people choose pleasure and av oid pain.

B: The Neo-Classical School of Criminology

The criticisms against the classical school led to the foundation of the Neo -classical
school of criminology. Under the neo-classical doctrine, there are situations or
circumstances that made it impossible to exercise freewill are reasons to exempt the
accused from conv iction.

The Neoclassical school does not represent any break with the classical view of human
nature. It merely challenges the classical position of absolute freewill. Because of this, it
led also to the proposition that while the classical doctrine is correct in general, it should
be modified in certain details:

That children and lunatics should not be regarded as criminals and free from
punishment. It must take into account certain mitigating circumstances.

C: THE ITALIAN OR POSITIVE SCHOOL

 The school that composed of Italians who agreed that in the study of crime the
emphasis should be on scientific treatment of the criminal, not on the penalties
to be imposed after conv iction .It maintained that crime as any other act is a
natural phenomenon and is comparable to disaster or calamity. That crime as a
social and moral phenomenon which cannot be treated and checked by the
imposition of punishment but rather rehabilitation or the enforcement of
individual measures.

 The Positivist School of Criminology rejected the Classical School's idea that all
crime resulted from a choice that could potentially be made anyone. Though
they did not disagree with the Classical School that most crime could be
explained through "human nature," they argued that the most serious crimes
were committed by individuals who were "primitive" or "atav istic" --that is, who

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failed to evolv e to a fully human and civ ilized state. Crime therefore resulted
not from what criminals had in common with others in society, but from their
distinctiv e physical or mental defects.

ADVOCATED BY:

1) Lambroso- – The Italian leader of the positivist school of criminology, was


criticized for his methodology and his attention to the biological characteristics
of offenders, but his emphasis on the need to study offenders scientifically
earned him the “father of modern criminology.”

 The criminal in relation to Anthropology, jurisprudence and psychiatry.

 Lambroso in his book, sought to explain crime in terms of physical makeup of the
criminal.

 In studying the insane the patient, and not the deceased, should be the object
of attention.

CLASSIFICATION OF CRIMINAL BY LAMBROSO:

a) Born criminals- there are born criminals according to Lombroso, the belief that
being criminal behavior is inherited.
b) Insane criminals- idiot, imbeciles, dementia, paralysis Pelegna,etc.
c) Criminaloids- Not born with physical stigma but who are of such mental
makeup that display anti-social conduct

2) Ferri- Enrico Ferri was born in Italy in 1856 ferri adv ocated the theory of
imputability and the Denial of freewill in 1878 Ferri contributed to the emphasis
of the social factors such as.

a) Physical factors- , including geographical, climate, temperature.


b) The anthropological factors including psychological
c) The social factors ,including economics and political factors as well as
age ,sex education requirement

3) Garofalo- He was born in Naples in 1852, from parents of Spanish origins


Garofalo thinks that crime can be understood only as it is studied by scientific
method. The criminal is not free moral agents but is product of his own traits
and his circumstances.

D: THE MODERN CLINICAL SCHOOL

This theory adv ocates the study of the criminal rather than the crime .This school is
interested primarily in the personality of the criminal himself in order to determine the

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conditioning circumstances that explain his criminality and in order to obtain light upon
the problem of how he should be handled by the social group.

CORRECTIONAL SYSTEM

The function of correction serv es to rehabilitate and neutralize the deviant behav ior of
adult criminals and juv enile delinquents. This component of the criminal justice system
faces a three-side task in carrying out the punishment imposed on the convicted
offender by the court, to deter, to inflict retribution, and rehabilitate. The components of
the correction effectuate their functions through different programs, probation,
commitment to an institution, and parole.

Prisons are a major stock in the moral order of the society. They symbolize the ultimate
instrument of punishment the state can wage against those who renege on the social
contract. Besides death, imprisonment remains society’s most ominous response to the
social disorder. Include among the purposes of a civilized society are maintenance of
law and order and control of violence. To accomplish this purpose, deviant individuals
are isolated.

EVOLUTION OF CORRECTIONS

Code of Hammurabi (1750 BC) - the first formal law dealing with the concept of justice
as Lex Taliones “An Eye for an Eye and a Tooth for a Tooth”.

Mosaic Law – allowed extreme punishments such as flogging or burning alive, offenders
are entitled to freedom from torture and admission of guilt is admissible only when there
is a confirmatory testimony from at least one witness.

King Ur-Nammu’s Code – decreed the imposition of restitution and fines of execution,
mutilation or other sav age penalties. It holds the principle that offender can be punished
and v ictims can be paid by making the offender reimburse the v alue of whatev er
damages as the result of crime.

Nicodemeans Ethics – written in 400 BC first publication that explains crime and
corrective justice stating that “ Punishment is a mean of restoring the balance between
pleasure and pain”
509 BC – a law was passed prohibiting flogging or execution unless affirmed by the
Centuriate Assembly.

Underground cisterns – a form of prison used to detain offenders undergoing trial in some
cases and to hold sentences offenders where they were to be starved to death.

Ergastulum – Roman prison that was used to confine slav es where they were attached to
workbenches and forced to do hard labor in the period of their imprisonment.

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Justinian Code – Roman Emperor Justin put this code into law in 529 AD and became
the standard law in all the areas occupied by the Roman Empire particularly Europe. This
code was a rev ision of the Twelve Tables of Roman Law that originated at bout 500 BC
stating every crime and penalties for ev ery offense listed in the said table.

Burgundian Code – code that introduced the concept of restitution but punishment was
meted according to the social class of the offenders. Offender had to pay the specified
v alue in order not to undergo physical sufferings as penalty.

Pope Innocent VIII (1487) – issued Papal Bull that allowed refugee offenders to be 3
driv en out of the sanctuary if they used this for committing crimes but half centuries later,
many sanctuaries closed and those still remaining hav e refused to accept offenders of
serious crimes such as rape, murder and robbery.

Pope Leo I – 440AD was the first Pope to fully expressed approv al for killing, otherwise
human and divine law would be subv erted.

Priscilian – 385 AD the first recorded Christian who was put to death for being a heretic
(Unorthodox) but death as capital punishment was first used in 1022 in Orleans, France
when thirteen heretics were burned at the instigation of the church. Pope Innocent II
tried to wash his hands like a Pontius Pilate when it turned over heretics to the secular
authorities for proper punishment that included death.
Pope Gregory IX – through his Papal Encyclical “Encommunicamus” issued in 1231 that
made part of the Canon Law the burning of non-believ ers at the stake. He also initiated
the Inquisition that led to the burning of hundreds of heretics.

Pope Innocent IV – officially introduced torture to the Inquisition procedure in 1252.

Pope John Paul II – reversed the practice of death as form of punishment, Pro-Life Pope
in his Encyclical Tertio Millenio Adv eniente, formally apologized to the past intolerance
and use of v iolence in the defense of truth and has challenged to break away from the
“culture of death”.

Gaols – other word for jails during early days, were hard for poor prisoners but not for
those who were wealthy. This was because prisoners had to pay for their
accommodations, food and cost of administration and security. Beddings, blankets,
lights and everything were sold or rented to prisoners at very high rates. The jailer or
gaoler was paid from payment of prisoners.

King Henry VII of England – he decreed corporal punishment for v agrants in 1531 and
penal slav ery in 1547 to depend the interests of the still dominant landlord class.

Bridewell Institution in Bridewell, England – established during the reign of King


Edward VI, as a workhouse for v agabonds, idlers and rogues. The Bridewell was a reform
of some sort ov er the traditional, already unworkable system of punishment. Vagrants

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and prostitute were giv en work while serving their sentence. After two centuries this
system lost its usefulness due to banishment of offenders to the colonies.

Lombroso, Beccaria and Betham – their efforts changes the prison system based on
solitary confinement and hard labor so that by 1779 a penitentiary act was passed that
mandated the establishment of prison system.

Norfolk Prison at Wymondham, England – after the Penitentiary Act of 1779 this prison
was opened.

National Penitentiary of Milkbank – followed in 1821.

Pentonville National Penitentiary – opened in 1842.

Alexander Solshenitsyn – a political prisoner who popularized banishment is the Gulag


Archipelago in a nov el.

Penal Code of Russia (1845) – punishes offenders to hard labor of four years to life.
Fortunate prisoners sentenced to hard labor were destined to the factories or
construction of fortresses. Sentences to labor in the mines were the unluckiest of the
destinations.

2 Distinc t Benefits of Banishment

1. It allowed the transporting country to colonize distant lands such as Australia,


Canada, Africa and all other far-flung colonies.
2. It reduced number of criminals and the concomitant reduction of criminality in the
country of origin.

Aside from banishment and hard labor offenders were also sentenced to provide hard
labor for public works including the building of military fortifications and as a result of
these dev elopments, Spaniards also built fortifications in the Philippines and that includes
Fort Santiago in Manila and Fort Del Pilar in Zamboanga.

Maine State Prison – underground facilities to incarcerate offenders contained cells in


the 4 pits similar to the underground cistern of long ago Rome that were used to detain
offenders undergoing trial in some cases and to hold sentenced offenders where they
will be starved to death. These pits were entered through an iron gate in the ceiling
during late 1828.

Connecticut State Prison – used a copper mine at Simsbury from 1773 to 1827 as prison
facilities wherein prisoners worked in the mines during the day and then their ankles and
necks were shackled during nighttime to prev ent escape.

Sing Sing Prisons – became famous or rather infamous all ov er the world and was plot of

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many mov ies filmed because of the Sing sing bath which was inflicted aside from the
floggings, denial of reading materials and solitary confinement. The shower bath was a
gadget do constructed as to drop a volume of water on the head of a locked naked
offender. The force of the icy cold water hitting the head of the offenders caused so
much pain and extreme shock that prisoners immediately sank into come due to the
shock and hypothermia or sudden drop of the body temperature.

The Walnut Street Jail (1790)

Originally constructed as a detention jail in Philadelphia, it was conv erted into a state
prison and became the first American Penitentiary. It began the penitentiary system in
the United States when legislation was passed establishing the principle of solitary
confinement, strict discipline, productive work and segregation of the more dangerous
offenders.
(1830)

Jail Penitentiary: Concept

The term penitentiary came from the Latin word “Paenitentia” meaning penitence, and
was coined by an English prison reformer, John Howard. It referred to a place where
crime and sin may be stoned for and penitence produced.

giv en the work. Silence was also enforced. “Sentenced to Solitary Confinement at Hard
Labor”

In Europe ,several penal administrators can be mentioned as among those who


contributed to progressive development of the reformatory system

1. Manuel Montesinos- director of the prison of Valencia ,Spain ,in 1835 ,divided
prisoners into companies and appointed prisoners as petty officers incharge.
Academic classes of one hour a day were giv en all inmates under 20 years of
age.

2. Domet of France- established and agricultural colony for delinquents boys in


1839 .The boys were housed in cottages with house fathers as incharge. the
system was based on re education rather than force .when discharged the boys
were placed under superv ision

3. Alexander Maconochie- Superintendent of the penal colony at Norfolk Island in


Australia ,introduced a progressive humane s ystem to substitute for corporal
punishment. W hen a prisoner earned a required number of marks he was giv en
a ticket of leav e ,which is the equiv alent of parole .

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Maconochie introduced several other progressiv e measures which aimed at
rehabilitating prisoners He introduced fair deciplinary trials ,but churches,
distributed books, allowed plays to be staged ,and permitted prisoners to tend
small gardens .for his progressive administrations of prisoners .Maconochie
should be considered one of the fathers of modern penology.

4. Sir Walter Crofton- Chairman of the directors of Irish Prison .IN 1856, Crofton
introduced the Irish system ,latter called t he progressive stage system .

a. The first stage of the Irish system was solitary confinement for nine months at a
certain prison .the prisoners at this stage were giv en reduced diet and allowed
monotonous work .the prisoner progress to a more interesting work,some
education,and better treatment toward the end of first stage.
b. The second stage was an assignment to the public works at Spike Island .the
prisoner worked his promotions through a series of grades according to a mark
system ,and wore a badge of distinction to show his status
c. In the third stage the prisoner was sent to lurk or Smithfield which was a sort of
preparation for release .here the prisoner work without custodial supervision and
was expose to ordinary temptation of freedom.
d. The final stage was the release on supervision under conditions equiv alent to
present day parole.

5. In 1876, the New York state reformatory at Elmira opened with Z. R. Brockway
introduced in Elmira in Elmira a New institution program for boys from 16 to 30
years of age .

 the new prisoner was classified as second grade and was promoted to first
grade after six (6) months of good behav ior Another six (6) months of good
behav ior in the first grade qualified him for parole. If the prisoner committed a
misconduct he was demoted to third grade where he was required to show
good conduct for one month before he could be reclassified to second grade.

Elmira Reformatory

 The Elmira Reformatory is considered as the forerunner of modern penology


because it had all the elements of a modern correctional system, among which
were a training school type, that is, compulsory education; case work method;
and extensive use of parole based on the indeterminate sentence. This was the
first penal institution to remodel its penal philosophy away from punitiv e and
retributiv e practices and v eered them towards reformation and treatment.
Educational and vocational were imparted to the prisoner as a way to treat his
lack of life skills to surviv e according to the rules of ourside societ y. Parole also
started in Elmira Reformatory, after 12-month of good conduct prisoner, he was
eligible for parole.

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6. Sir Evelyn Ruggles Brise – was the Director of English Prisons who opened the
Borstal Institution after visiting Elmira Reformatory in 1897, such as Borstal
Institutions are today considered as the best reform institutions for young
offenders. This system was based entirelty on the individualized treatment.

7. John Howard – known as the Father of Penitentiary. Sheriff from Bedfordshire,


England who exercised the traditional but neglected responsibility of visiting the
local prisons and institutions. He was shocked by what he saw, especially when
he learned that the keepers were paid no regular salary but depended upon
extracting a living from the prisoners; secondly, that large number of persons
who had been discharged by the grand jury or acquitted at their trials were still
detained owing to the fact that they had been unable to pay their discharge
fees. For ev ery prison inspected, he put into records important details he
observ ed, wrote and published a book that started the interest of reformers in
English society. Many of his landmark recommendations were incorporated into
the Penitentiary Act of 1779 and adopted as standard procedure in the first
modern prison constructed in 1785 on Norfolk, England. It was not until 1842 that
Howard’s idea of penitentiary was giv en recognition.

OTHER PERSONALITIES WHO CONTRIBUTED IN THE DEVELOPMENT OF REFORMATORY SYSTEM

1) William Penn- (1614-1718) Founder of the Quakers mov ement –great law of the
quaker – land labor is more effectiv e punishment than death for serious offense.
He fought for religious freedom and individual rights. the first leader to
prescribed imprisonment as correctional treatment for major offenders.He is also
responsible of the abolition of the death penalty and torture as a form of
punishment.

2) Isaac Newton – He published the book entitled principia in 1687. W herein he


encourage intelectuals to inv estigate social and scientific phenomena
methodically and objectiv ely.

1. John Locke- wrote essay concerning human understanding and his treatise
of government.

2. Charles Montesquieu-(1689- 1755) He published a book entitled spirit of the


laws. A French historian who analyzed law as an expression of justice. He
believed that harsh punishment would undermine morality and that
appealing to moral sentiment as better means of prev enting crimes,
confronted religion and historical role of the church in the political
arrangement of the society.

3. Voltaire(Francis Marie Arquuet) 1694 -1778) He believ es that shame was


deterrent to a crime , fought the legality –sanctioned practice of torture
and was the most versatile philosopher during this period.

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4. Cesare Bonesa ,Marqueuise De Becarria (1734 1794) - He wrote an essay
entitled “ an essay on crimes and punishment”,which become the most
exiting on law during this century. And presented the humanistic goal of law

5. St Michael – emphasized the rehabilitate concept and pioneered the


segregations of prisoners and forced silence to make the prisoner
contemplate their wrong doings. The conviction are chained in one foot
and observ ing strict rule of silence they listened to religious brothers giving
religious teaching .many of the practices pioneered in ST Michael were later
To be adopted in the United states in what in what Is now to be known as
the AUborn system of imprisonment.

6. Henry V111 –He alone who put to death the 72.000 citizens by means of
boiling to death as a means of executing convicted offenders

7. Clifford Shaw- conducted a research on 100.000 identified school truants,


juv enile in conflict with the law and adult offenders from Chicago school.

COMPENSATION FOR WRONG ACT

1. Retaliation (Personal vengeance) the earliest remedy for wrong act to anyone
the concept of personal vengeance by the v ictim ‘s family or the tribe against
the family or tribe of the offender Hence blood feuds was accepted in the early
primitiv e’s society

2. Fines and punishment- Custom have exerted effort and great force among
primitive societies ,the acceptance of vengeance in the form of payment
(cattle,food,personal services)as dictated by tribal traditions
3. Punishment is the redress that the state takes against the offending members.

EARLY FORM OF PRISON DISCIPLINE

1. Hard labor- productiv e work

2. Deprivation –depriv ation of everything except the essential existence.

3. Monotony- giving the same food that is off diet ,or requiring the prisoners to
perform drab or boring daily routine.

4. Uniformity –treats prisoner alike “the fault of one is the fault of all’

5. Mass movement –mass living in cellblocks ,mass eating ,mass recreation.mass


bathing

17
6. Degredation- uttering insulting words or language on the part of the prison staff
for the prisoners to degrade break the confidence of the prisoners

7. Corporal punishment -imposing brutal punishment or employing physical torture


to intimidate a delinquent inmate

8. Isolation or solitary confinement- the lone wolf- non communication limited


news

THE GOLDEN AGE OF PENOLOGY

The period from 1870 to 1880 was called the Golden Age of Modern Penology
because of the following significat ev ent

1) In 1870, the National Prison association ,now American correctional


association ,was organized and its first annual congress was held in Cincinati
Ohio .in this congress the association adopted a declaration of principles so
modern and comprehensive in scope that when it was revised in the prison
congress in 1933 .few amendments were made .since its founding the
association has held annual congress of corrections and has taken active
leadership in reform mov ements in the filed of crime prev ention and
treatment of offenders
2) In 1872,the first international prison congress was held in London. It was
attended by representativ es of the Gov ernment of the United states and
European countries as a result of this congress ,the International Penal and
Penitentiary commission ,an international Gov ernment organization was
established in 1875 with Headquarters at Hague .the IPPC held international
congress ev ery fiv e years in 1950 the IPPC was dissolved and its function were
transferred to the social defense section of United Nations

3) the Elmira Reformatory ,which was considered as the for runner of modern
penology ,was opened in Elmira ,New York in 1876.the features of Elmira were
training school type of institutional program ,social case work in the Institution
and extensive use of parole

4) The first separate institution for women were established in Indiana


Massachusetts

18
CHAPTER 111

19
PHILIPPINE PRISON AND JAILS ORGANIZATION ,POWERS AND FUNCTIONS

Prison defined

 Penitentiary an institution for the imprisonment (incarceration) of person


convicted of major/serious crimes

 A building usually with cells ,or other established for the purpose of taking safe
custody or confinement of criminals

 A place of confinement for those charged with or conv icted of offenses


against the laws of the land

Jail defined

 a place of detention for those awaiting final disposition of criminal action and
the service of short sentences usually up to three years.

Jail vs Prison

JAIL PRISON
1; As to term of Less than three More than 3
penalty years years
2. As to Convicted or All convicted
inmate pending trial
3. As to As far as It is under the
administrat provincial jail is bureau of
ion concerned it is correctiont
under the
administration
of Provincial
government,in
case of
Municipal and
City District Jail
,it is under
supervision of
the Bureau of
Jail
Management
and Penology
4. As to head District Jail Prison Penal
of under the BJMP colony and
institution is headed by penal ,it is
the warden headed by the

20
superintendent

NOTE; The population of jail and prison including penal farms and penal colonies
except the personnel are called inmates, Prisoners with the exception of jails whose
inmate are undergoing trial of their respectiv e cases are also called detainees

THE BUREAU OF CORRECTIONS

Bureau of Prisons was renamed ,Bureau of corrections under Executive Order 292
passed during the Aquino administration .it states that the head of the Bureau of
correction is the director of prison who is appointed by the president of the Philippines
with the confirmations of commission on appointments .

The Bureau of Correction has general Supervision and control of all National and
Provincial prisons or penitentiaries .It is charged with the safe keeping of all insular
prisoners confined therein or committed to the custody of the bureau

Inmates of the Bureasu of Corrections are classified according to the following:

1) Detainee- those whose cases are or hav e other pending cases


2) Third class inmate .those who hav e been previously committed as a
sentenced prisoner for three times or more except cases inv olving non
payment of fines or those classification were reduced from a higher class.
3) Second class inmate –newly arrived inmates committed for the first time ,or
demoted from a higher class or promoted from a lower class
4) First class inmate – one whose known character and credit for work while still in
detention earned classification to this class ,or one who was promoted from
lower class and
5) Colonist- a classified first class inmate for at least one year immediately
preceeding his classification as such and has served with good conduct ,at
least one fifth of his maximum sentence ,or has served sev en years in case of
life sentence.

THE PHILIPPINE PRISON SYSTEM

1: In 1847, the construction of Bilibid Prison started .this institution become the central
place of confinement for Filipino prisoners .Prior to establishment of Bilibid priso
Prisoners were confined in jails under the jurisdiction of commandancias where law
enforcement units were stationed ,Commandancias were established in practically
ev ery province of the country .

2: In 1865, the Bilibid Prison was opened by v irtue of a Royal Decree.

3: In 1936,the city of Manila exchanges its Muntinlupa property of 552 hectares with
that of the Bureau of Prison lot in manila : This Muntinlupa estate was originally

21
intended as a site for the boys training school ,but because it is far from Manila .the
city gov ernment of Manila preferred the site of the Old Bilibid prison. Famous as the
May Halique state. And the oldest prison in the Philippines is the fort Santiago.

NATIONAL PENITENTIARIES
(Bureau of Corrections)

ORGANIZATION

The Bureau of Corrections is under the Department of Justice. It is headed by the


Director of Corrections, who is authorized to exercise command, control and direction
of the following prison facilities and staff offices:

PRISON FACILITIES AND THEIR FUNCTIONS

There are seven (7) correctional facilities of the Bureau of Corrections, which are
located all over the country, administered by its Penal Superintendent.

1: THE NEW BILIBID PRISON (NBP)

It is located in Muntinlupa, Rizal. This is where the Bureau of Corrections Central Office
is co-located. W ithin the complex are three (3) security camps administered by a
Penal Superintendent and assisted by an Assistant Superintendent in each Camp. The
three security camps are:

a) The Maximum Security Compound is for prisoners whose sentences are 20


years and abov e, life termers or those under capital punishment, those with pending
cases, those under disciplinary punishment, whose cases are on appeal, those under
detention and those that do not fall under medium and minimum-security status.

b) The Medium Security Camp is for prisoners whose sentences are below 20
years (computed from the minimum sentence per classification interpretation) and
those classified for colony assignment.

c) The Minimum Security Compound is an open camp with less restrictions and
regimentation. This is for prisoners who are 65 years old and abov e, medically certified
as inv alids and for those prisoners who hav e six months or less to serv es before they are
released from prison.

Today the new Bilibid Prison operates two satelite Units ,namely,

a) The Bukang Liwayway Camp- it houses the minimum security prisoners.who


work in the v arious project of the institution

22
b) The Sampaguita Camp- it is located in Reception and Diagnostic Center and
houses the medium security Unit and the Youth Rehabilitation Center.

Note the New Bilibid Prison is specialized in the industrial type of v ocational training like
furniture shop ,shoe repairing auto mechanics, etc.

2: THE SAN RAMON PRISON AND PENAL FARM

IN 1869,the authorities saw the need of establishing one prison separate from Bilibid
for those who fought the established government .So, San Ramon Prison and Penal
Farm in the southern tip of Zamboanga was established for the confinement of political
offender.During those days a rebel who was not shot was either sent to Guam or
Marinas or to Zamboanga the San Ramon Prison was named after its founder Ramon
Blanco a Spanish captain in the Royal Army .

The San Ramon Prison has an area of 1.524.6 hectares .it houses the maximum,
medium, and minimum custody type of prisoners.

The principal product of San Ramon Prison is copra which is one of the biggest sources
of income of the Bureau of Prison.

3: THE IWAHIG PENAL COLONY-

On November 16 ,1904 ,foreman R.J. Shield with sixteen prisoners left the Bilibid Prison
by order of Governor forbes who was security of commerce and police ,to establish
the Iwahig Felony in Palawan .the idea was hatched on t he suggestion of the
Gov ernor Luke E wright who envisioned it to be an institution for incorrigibles .the first
contingent ,howev er ,rev olted against the authorities .they hogtied their
superintendent ,Mr,Madaras ,and could hav e killed him were it not for the timely
succor of the Philippine Scouts stationed in Puerto Prinsesa.

W hen the Philippine commission ,by virtue of Reorganization act 1407 created the
bureau of prison on November 1,1905 the authorities changed the policy regarding
Iwahig, so that instead of sending incorrigibles ,inmates who well behaved and
declared tractable were assigned to this colony .

Today ,the Iwahig Penal colony enjoys the reputation of being one of the best open
institution in the world only mutual trust and confidence between the wards and prison
authorities keep them together there being no walls.

At present the Iwahig Penal colony is a minimum custody or open institution.it has an
area of 36.000 hectares .the colony is div ided into four sub colonies ,namely:

1. Sta lucia sub colony


2. Inagawan sub colony

23
3. Montible sub colony
4. Central sub colony

The Iwahig Penal colony administer the Tagumpay settlement.the principal products of
the Iwahig Penal colony are rice, corn, copra, logs,minor forest product and cattle.

4: THE CORRECTIONAL INSTITUTION FOR WOMEN-

In 1931, the correctional institution for women was established on an 18 hectare piece
of land in Mandaluyong Rizal by authority of Act 3579 which was passed on November
27 1929 . Prior to the stablishment of this institution ,female prisoners were confined in
one of the wings of Bilibid Prison. later the position for a female. Superintendent was
created in 1934 .Today ,the correctionall Institution for women is an institution under
the Bureau of Prison ,managed by the female personnel ,except the perimeter guard
who are male .

Mandaluyong -The first correctional institution for women The institution conduct
v ocational courses in dress making ,beauty culture, handicrafts, cloth weav ing and
slipper making.

Mindanao- it is the most recent facility organized in the bureau of correction s. it was
only inaugurated in September 18 2007, the second institution which was branched
out from the first and only penal establishment dedicated in rehabilitating female
offenders ,it is a satellite prison facility under the supervision and direction of Dav ao
prison and penal farm administration pursuant to n administrativ e order issued by
bucor central office .caters female female prisoners sentence to suffer the penalty o f
3 years I day and abov e and coming from the 26 provinces comprising the six
administrative regions in the whole Mindanao prov ince.

5: THE DAVAO PENAL COLONY-

Established on January 21,1932 in accordance with Act No 3732 and Proclamation No


414 series of 1931 .the first contingent of prisoners that opened the colony was led by
General Paulino Santos its founder and the then director of Prison. the area consist of
18.000 hectares.

This is the combination of medium and minimum custody type of institution

The Dav ao Penal Colony manages the biggest abaca plantation in the whole country

The colony is divided into two sub colonies, namely. (1)The Panabo sub colony and
(2)the kapalong- Sub colony each colony is headed by penal superv isor.

Note the colony also operates the tanglaw settlement

24
6: THE SABLAYAN PENAL COLONYAND FARM

On Sept. 27 ,1954 the President of the Philippines issued proclamation No 72 setting


aside 16.000 hectares of the virgin lands in Sablayan Occidental Mindoro for the
Sablayan Penal colony .

The first trail blazer was the experience colony administrator from Iwahig Penal Colony
headed by the assistant superintendent of that colony Mr Candido Bagoisan .Today
Sablayan penal colony enjoys of being the youngest and fastest growing colony
under the bureau

This institution is an open or minimum security type institution .it has an area of 16.408 .5
hectares .Rice is the principal product of the colony

7:LEYTE REGIONAL PRISON (Abuyog Southern Leyte)

The leyte Regional Prison ,situated in Abuyog southern Leyte ,was established a year
after the declaration of martial law in 1972 by virtue of Presidential Decree No 28.
W hile its plantilla and institutional plan were almost ideal ,lack of funds made the
prison unable to realize its full potential and facilities are often below par compared
with those of other established penal farms.it has an inmate capacity of 500.it follows
the same agricultural format as the main correctional program in addition to some
rehabilitation activities .the prison admits conv icted offenders from region V1 and from
the national penitentiary in Muntinlupa.

CORRECTIONAL CENTERS

A rehabilitation centers for youthful offenders whose ages ranges from 9 to below 18
years of age to be committed to the care of the DSWD

Drug rehabilitation centers –these centers has been established for the treatment of
drug dependents the existing treatment and rehabilitation center is operated and
maintained by the NBI at tagaytay City and being funded by the board

OLD BILIBID PRISON

Located in the May Halique estate in Oroquieta Street Sta.Crus ,Manila .Now known
as Manila City Jail.with capacity of 600 prisoners.

THE RECEPTION AND DIOGNOSTIC CENTER. (RDC)

In line with the latest approach to treatment – the individualized or casework method
–it is necessary that prisoners must undergo a diagnostic examination, study and
observ ation for the purpose of determining the program of treatment and training best
suited to their needs and the institution to which they should be transferred. These

25
processes take place in the Reception & Diagnostic Center within the first sixty days of
their commitment to prison.

The Inmate Reception and Diagnostic Center – is a prison facility within the Medium
Security Camp Sampaguita Compound of the New Bilibid Prison. It receives all newly
committed national male prisoners and it is the entry point of all incoming prisoners
who will be subjected to classification and distribution t o the operating institutions.
Concurrently it has been charged with the responsibility of providing education and
training of inmates at the Medium Security Compound of NBP.

THE STAFF AND THEIR FUNCTION

1) The Psychiatrist – The psychiatrist examines the prisoner and prepares an


abstract of his findings. The abstract includes a brief statement of the mental
and emotional make-up of the individual with particular reference to
abnormalities of the nerv ous system and the presence of psychoses,
psychopaths, neurotic tendencies, paranoid trends and other special
abnormalities..

2) The Psychologist – The psychologist interviews the man and administers tests.
The psychological abstract presents a statement of the psychologist’s findings
with regard to the mental level, general and special abilities, interest and skills
of the prisoner. The outstanding factors contributing to the maladjustment of
the individual are pointed out

3) Sociologist – The prisoners is interviewed by the sociologist. Additional


information is obtained through correspondence with the prisoner’s friends,
relativ es, and social agencies. The objective facts of the personal history of
the inmate are recorded in the social abstract, which also includes an analysis
and interpretation of the individual’s social situation and relationships.

4) Education Officer or Counselor – The prisoner is interviewed by the


educational officer in order to determine his educational strengths and
weaknesses and to recommend suitable educational program for him.

5) Vocational Counselor – The v ocational counselor, by interview, obtains a


record of the man’s former employment and tests the man to determine his
general and special abilities, interests and skills

6) The Chaplain - The inmate is interviewed by the Chaplain and he is


encouraged to participate in religious worship.

7) Medical Officer – A complete physical examination is giv en each inmate at


which time his medical history is obtained. The examination cov ers the major
organs of the body, such as the lungs and the heart, and includes tests of the

26
blood and sense organs. The doctor correlates the patients’ previous health
history with present findings in the medical history and physical examination,
plus recommendation for medical treatment .

8) Custodial-Correctional Officer The Chief of the correctional unit prepares the


custodial officers abstract which includes all significant observ ations made by
the correctional officers of the inmate’s behav ior and interactions to various
situations in the dormitory, place of recreation, work assignments, etc. The
report includes the custodial officer’s recommendations on transfer and type
of custody of the prisoner.

ADMISSION PROCEDURES

1) RECEIVING-

The New prisoner are receive either in the RDC or in a prison and later to
transfer to the center and required to stay there for not more than 60 days.The
new prisoner usually comes from a provincial or city jail where he is
immediately committed upon conv iction by the court. He is transfer to the
national prison escorted by guards of the committing jails

The following document shall be presented accordingly by the party escorting


prisoner:
a) Commitment order of the prisoner
b) Court decision of the case
c) Information filed by the city /provincial fiscal
d) Certificate of detention

2) CHEKING OF COMMITMENT PAPERS

On arriv al at the Reception center or prison ,the receiving officer checks the
commitment paper if they are in order .the commitment paper is in order if
they bear the signature of the judge or

To make sure if it contains the signature of the judge or the signature of the
clerk of court and seal of the court.

3) IDENTIFICATION

The next step is to establish the identity of the prisoner in order to be s ure that
the person being committed is the same person named in the commitment
order

The identity is established through the picture and the fingerprint of the
prisoner appearing on the commitment paper and his prison number

27
4) SEARCHING

After accomplishing the abov e steps ,the new prisoner is frisked and his
personal things searched ,weapons and other items of contraband are
confiscated and deposited with the property custodian

Money ,watches ,rings and other pieces of jewelry are depos ited with the trust
fund officer under proper recording and receipts

5) ISSUANCE OF CLOTHES AND EQUIPMENT

From the receiving office ,the new prisoner goes to the supply room where he
receiv es the following:
1. Two (2) regulation uniform suits and two t - shirts
2. One blanket
3. One mat and pillow
4. One aluminumpalte
5. One mosquito net

6) ASSIGNMENT TO QUARTERS

After the prisoner is issued his clothings and beddings he is sent to quarantine
unit .the quarantine may be a unit of the prison or a section of the RDC

THE QUARANTINE UNIT

The new prisoners spends from sev en to ten days in the quarantine unit .during this
period he is given thorough physical examination including blood test, X- rays
,inoculation and v accination .one purpose of the quarantine is to ensur e that the
prisoner is not suffering from any contagious decease. The result of the examinations
are submitted to the chief of the center in written form .this report form part of the
diagnostic record of the prisoner

7) BRIEFING/ ORIENTATION

The orientation of the prisoners take place within the first few days in the center,the
prisoner will be informed of the rules and regulation to be observed while in the center.

ORIENTATION PROCEDURES

1) Giving a prisoners a booklet of rules and regulation and explaining the rules to
them

28
2) Conducting the group meeting of center inmates to explain the purposes of
treatment program

3) Holding session with the chief and individual members of the center staff to
explain the basic purpose of the center and what the inmate should do in
order to profit most from their experience

STAFF CONFERENCE

W hen the prisoner is through with all tests, interviews and examinations, he is ready for
the staff conference, sometimes called “guidance conference” or “case
conference”. The inmate appears before the Center’s staff in conference to plan out
with him his tentativ e program of treatment and traini ng. Ev ery member of the staff
giv es an oral summary of his findings and his recommendation on what to do with the
prisoner pertaining to his field.

THE ADMISSSION SUMMARY:

The written reports submitted by the staff of the center regarding their findings on the
prisoners are compiled, and form the admission summary. The admission summary
becomes the nucleus of the cumulativ e case history of the prisoner.

TRANSFER OUT OF THE CENTER

W hen the admission summary is completed it is for warded to the dir ector of prison for
approv al of the tentativ e program prepared for the prisoner ,after which the prisoner is
then transferred to the operating institution

THE OPERATING INSTITUTION

The prisoner is transferred from the Reception and Diagnostic Center to t he operating
institution with a tentativ e plan of treatment already prepared. The stay of the prisoner
in the general service unit is a sort of orientation period for him. He is giv en lectures on
the rules and regulations; and he is assigned to different work projects to afford him
v arious experiences which will guide him in the choice of a permanent vocational
program.

THE ADMISSION CLASSIFCATION MEETING

The purpose of the admission classification, sometimes called initial classification


meeting, is to plan a program for and with the inmate which will be realistically
directed toward his rehabilitation. A member of the Committee, usually the case
worker summarizes the diagnostic material, which is the Admission Summary prepared
by the Reception Center, and presents the important factors to be considered in
program planning. Usually, the prisoner appears before the Committee so he can be

29
av ailable for interview and consultation regarding major decisions to be made by the
Classification Committee on his assignments. The Committee decisions cover all -
important phases of the inmates’ life in the institution.

RECLASSIFICATION

The prisoner appears before the Classification Committee periodically after his initial
classification to keep current his treatment and training program. Because human
personality and behav ior are constantly changing. Reclassification is necessary to
assure that individual needs are not ov erlooked, and it must continue from the time of
admission classification until the inmate is released.

REHABILITATION SERVICES

Purpose- to change inmates pattern of criminal behavior and reform them into a law
abiding and productiv e citizens through t he implementation of rehabilitation in jails ..

THE TREATMENT PROGRAMS

The treatment of inmates shall be focused on the prov ision of services designed to
encourage them to return to the fold of justice and enhance their self respect dignity
and sense of responsibility as follows :

a) Prov ision 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 program ,such as liv elihood projects
g) Visitation services
h) Mail services

The Philippine Correctional System has two (2) approaches in treating criminal
offenders

a) The Institution based treatment program and


b) Community-Based treatment program.

The institution-based has three (3) lev els: the National, provincial, and sub-provincial
jails and the district, city and municipal jails while the community-based approach
has probation, parole, conditional pardon and release on recognizance as mode of
release.

A. Institution-Based Approach

30
Presently there are three (3) Executiv e Departments that supervise and control the
numerous institutional facilities nationwide, which provides incarceration and
rehabilitation to offenders. These are the Department of Justice (DOJ), which take care
of the National prisoners, Department of the Interior and Local Government (DILG)
which take care of the Municipal ,City and Provincial prisoners and the Department of
Social Welfare and Development (DSWD).which take care of sentenced Youthful
Offenders

Under the DOJ .the offices that are tasked to carry out the mission of correction rest
with the Bureau of Correction (BUCOR) ,the Board of Pardon and Parole (BPP) and the
Parole and Probations administration(PPA)

The BPP recommends to the president the prisoner who are qualified for parole ,
pardon or other form of executiv e clemency .the PPA ,on the other hand exercises
general supervision ov er all parolees and probationers and promotes the correction
and rehabilitation of offenders outside the prison institution .under the DILG are the
BJMP and PLGU . the BJMP take charge of district ,City, and Municipal Jails nationwide
while the prov incial jails are operated by the Prov incial Local Gov ernment Units
located in ten sites Nation wide

B. Community-Based Approach

Not all convicted offenders hav e to serv e their sentence behind bars. Some are
allowed to stay in the community, subject to conditions imposed by the gov ernment.
They are either granted probation, parole, conditional pardon and recognizance.

A: THE INSTITUTIONALIZED TREATMENT PROGRAM

1: EDUCATIONAL PROGRAM

The educational program of a correctional institution is one of the most important


phases of the treatment and training of prisoners .there is no common plan of
education for all.

CLASSES OF PRISON EDUCATION

a) General and Academic education

 The eradication of illiteracy among prisoners is one of the best contribution


that the correctional system can offer to society.

b) Vocational education

31
 The v ocational education program is usually geared to institutional
maintenance work and the prison industries project

 To provide prisoners necessary skills after their released

 Courses may include radio mechanics ,auto mechanics, horticulture,


shoemaking, tailoring, carpentry ,electronics,

2: WORK PROGRAM

These are program conduciv e to change behav ior in morale by training prisoners
for a useful occupation

ClASSIFICATION OF PRISON WORK PROGRAMS

1) Educational assignments-

prisoners may be assigned to either general education ,v ocational or physical


education

2) Maintenance assignment-

these assignment inv olv e labor related to care and up keeping of the
institutional properties

3) Agricultural and industrial assignment

4) Un assignable-

Prisoners who are nearly to leav e the institution ,awaiting transfer ,those in
disciplinary status and those who are chronologically ill with mental disabilities
.

3: RELIGIOUS SERVICE IN PRISON

Chaplain is the most important person in the rehabilitative setup of a correctional


institution .it is the chaplain administrators claim ,who points to the prisoners their
relationship to god and their fellowmen ,and who by work example ,leads them most
effectiv ely toward complete rehabilitation.

Men and Nations have found that they can not live without the guiding ,sustaining
and inspiring power of religion .if this is true of people in normal society ,it is doubly true
of men who are confined in correctional institution

FUNCTION OF THE CHAPLAIN

32
1) Conduct of sacramental ministry-
2) Conduct a religious instruction
3) Ministry to inmate families and related concern person
4) Ministerial service to the staff and the operational personnel
5) Interpretation ministry to the community

ADMINISTRATIVE FUNCTION OF THE CHAPLAIN

1) Member of the RDC staff


2) Member of the classification committee
3) Render ev aluation

4: RECREATIONAL PROGRAM

Recreational programs are important part of the rehabilitation program A good prison
administrator should provide wholesome ,healthy activities for men confined in his
institution.

Usually the recreation program should be designed to meet the needs d is conducted
during free time schedule ,affording opportunity for each man to decide for himself
whether or not he desires to participat e on v oluntary basis .
The recreation program should be designed to meet the needs and interest of all
inmates.

5; LIBRARY SERVICE

The prison library plays an important role in the improvement of prisoners in practical
and cultural aspects of social living .

6: HEALTH AND MEDICAL SERVICE

The medical and health requirements of a prisoner include mental and physical
examinations ,observ ations diagnosis and treatment of patients ,immunization and
protection of the inmate populations as well as the staff against hazards ,visiting
prisoners in segregations sections ;sanitary inspections, consultation with culinary and
other officials and participations in training ,classification. Disciplinary and other
program.

TREATMENT OF SPECIAL NEEDS OR UNUSUAL OFFENDERS

1: FEMALE

1) The female quarters /dorm should be separated from male


2) No male inmate shall be allow to enter the female dorm

33
3) Only work suitable to their age and physical condition should be assigned to
female inmate

2: DRUG USERS DEFENDANT AND ADDICT

a) Drug users should be segregated from other inmate especially during the
withdrawal period
b) Maintain close superv ision to suicide or self prev ent attempt to commit
suicide and self motivation.
c) Conduct a regular search of the inmate ‘s quarters and maintain constant
alertness to prevent the smuggling of narcotics and other dangerous drug

3: ALCOHOLICS

a) Place alcoholic in quarter separates from other inmates and maintain close
superv ision to guards
b) Against suicide attempt
c) Any symptoms of abnormal behaviour S hould be reported immediately to the
jail Physician or warden
d) Exercise close supervision to guard against the smuggling of liquor and other
intoxicating drinks or product containing alcohol

4: MENTALLY ILL

a) The mentally ill should be under the close supervision of a jail medical
personnel
b) Place the mentally ill in separate cells and special restrain room provided for
violent cases
c) Close supervision to guard against suicide attempt and violent attack on
others
d) The mentally ill should be transferred as soon as feasible to mental institution
for proper psychiatric treatment

5: SEX DEVIATES

a) Homosexual should be segregated immediately to prev ent them from


influencing other inmate or being maltreated or abuse by other inmates
b) Sex deviates should be separated from other inmates for close supervision
control

6: SUICIDAL INMATES

a) The suicidal inmate should be giv en close and constant supervision


b) Search their quarters and premises for tools /materials that can be used for
suicide

34
c) They should be subjected to frequent strip search

7: THE HANDICAPED,AGED ,AND INFIRMED

a) These inmates should be house separately and closely supervised to protect


them from maltreatment or abuse by other inmates.
b) Special treatment should be giv en to these inmates who shall be required to
work in accordance with their physicall capabilities for their own upkeep and
to maintain the sanitation of their quarters and surrounding

8: NON PHILIPPINE CITEZEN INMATES

 The warden shall report in writing to the bureau of immigration and the
respectiv e embassies of the detained foreigners the following:
 Name of foreigners
 Name of jail
 Nationality.number of alien certificate of registration, if any
 Age/sex
 Offense charged
 Case number
 Court/branch

EMERGENCY PLAN

Emergency Plan For both natural and man made calamities and other form of jail
disturbance shall be formulated to suit the physical structure and other factors peculiar
to ev ery jail ,such as.

NATURAL CALAMITIES

a) Fire
b) Flood
c) Earthquake
d) Tsunami
e) Landslide
f) Typhoon
g) Volcanic eruption
h) Others

MAN MADE CALAMITIES

a) riot
b) Jail break
c) Noise barrage
d) Hostage taking

35
e) Epidemics
f) Food poisoning
g) Rescue
h) Bombing
i) Power failure
j) W ater shortage
k) others

CHAPTER 1V

NATURE AND TRENDS OF PUNISHMENT

PUNISHMENT

 is a means of social control it is a device to cause people to become


cohesive and to induce conformity .people believ e that punishment is
effectiv e as a means of social control but this belief is doubtful there no
question, howev er, that some form of punishment are more effectiv e in one in
one society than in another.

DEFINITION OF PUNISHMENT -

 the general concept of punishment is that it is the infliction some sort of pain
on the offender for violating the law .this definition is not complete in the sense
that it does not mentioned the condition under which punishment is
administered or applied ,in the legal sense ,it is more individual redress or
personal vengeance ,Punishment, therefore ,is defined as the redress that the
state takes against an offending member.

ANCIENT FORMS OF PUNISHMENT

The form of punishment in primitive society were the following:

1) Death penalty

death penalty was carried out by hanging,burning,immersing in boiling


oil,feeding to wild animals and in many other barbaric ways .

2) Corporal punishment/physical torture –

was inflicted the offender by flogging, mutiliation, disfiguation ,and maiming.

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3) Public humiliation and shaming

were effected by the use stocks and pillory ,docking stool ,branding ,shav ing
off the hair. Etc.

4) Banishment or exile –

sending or putting away an offender which was carried out either by


prohibition against coming into specified territory ,for over ten years the
person will be exiled and this is derived from the vote of citIzens

RECENT/CONTEMPORARY FORMS OF PUNISHMENT

1. Imprisonment

Putting offenders in a prison for the purpose of protecting the public and at
the same time rehabilitating them by undergoing institutional treatment
programs.

2. Parole –

is defined as a procedure by which prisoners are selected for release on the


basis of individual response and progress within the correctional institution and
a service by which they are provided with necessary guidance as they serve
the remainder of their sentence in the free community.

3. Probation

it is a procedure under which a defendant found guilty of a crime is release by


the court without imprisonment subject to the condition imposed by the court
and subject to the supervision of the probation offi cer.

4. Fine

An amount giv en as reparation or indemnification for a criminal act.

5. Destierro

–Penalty of banishing a person from the place where he committed a crime


,prohibiting him to get near or enter not less than 25 kilometers but not more
than 250 kilometers.

IN WHAT CASES DESTIERRO IMPOSED?

In the following:

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1. Serious physical injuries or death under exceptional circumstances
2. In case of failure to give bond for good behav ior
3. As penalty for concubine
4. In cases where after reducing the penalty by one or more degree destierro is
the proper penalty.

JUSTIFICATION OF PUNISHMENT

The theories or justIfications of punishment v ary from one stage of civilization to


another .the most common justification of punishment are retribution ,expiation or
atonement, deterrence, protection and reformation.

1. Retribution-

In primitiv e days punishment of the transgressor was carried out in the form of
personal v engeance .Since there were no written laws and no courts .the
victim of a crime was allowed to obtain his redress in the way he saw fit .often
times the retaliatory act resulted to infliction of greater injury or loss than the
original crime, so that the latter victim was perforce afforded his rev enge.
Punishment therefore became an unending v endetta between the offender
and the victim .latter .an attempt was made to limit retaliation to the degree
of injury inflicted ,thus the philosophy of eye for an eye ev oked.

2. Expiation- or Atonement-

this theory or justification of punishment was also adv ocated during the
prehistoric days .As population increased .the social gr oup become more
complex A sort of common understanding and sympathetic feeling dev elop
in the group .An offense committed by a member against another member of
the same clan or group aroused the condemnation of the whole group
against the offending member .the group would therefore demand that the
offender be punished .when punishment is exacted visibly or publicly for the
purpose of appeasing the social group, the element of expiation is present.
Expiation therefore is group vengeance as distinguished from retribution which
is personal vengeance.

3. Deterrence-

It is commonly believ ed that punishment giv es lesson to the offender ;that it


shows other what would happen if they v iolate the law and that punishment
hold crime in check .this is the essence of deterrence as a justification for
punishment .

 Becarria

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An exponent of the classical school of criminology and whose writings at the
end of the 18 century renov ated the punitiv e justice system of Europe
contended that the intent of punishment should not be to torture the criminal
or to undo the crime but to prevent others from committing a like offense.

4. Protection-

Protection as a justification of punishment came after prison wee fully


established .People believe that by putting offender in prison society is
protected from his further criminal depredation. If this were so ,vicios and
dangerous criminal should be made to serv e long terms of imprisonment
.Recidivism and habitual delinquency laws are expected to attend this ends.

5. Reformation-

this is the latest justification of punishment .under this theory society can best
be protected from crime if the purpose of imprisonment is to reform or
rehabilitate the prisoner .Adv ocates of this theory contend that since
punishment does not deter ;in as much as imprisonment does not not protect
society from further commission of crime because the greater portion of the
criminal population is at large and because prisoners stay in prison for a short
time ,from 3 to 5 years only society interest can best be served by helping the
prisoner become a law abiding and productive citizen upon his return to the
community by making him undergo an intensive program of rehabilitation in
prison.

TRENDS OF PUNISHMENT

The principal trends of punishment are in the development of exemptions

1. pardon and
2. commutation; decline in the sev erity of punishment ;the growth of
imprisonment and its modifications ;
3. good conduct and time allowance,
4. indeterminate sentence
5. ,suspended sentence and
6. probation ,conditional release
7. parole, short sentences and
8. fines

EXEMPTIONS FROM PUNISHMENT

The bases of exemption are usually

1. social

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2. Absence of mens rea (that is absence of guilty mind or unlawful intent)
3. Age of the offender
4. The mental condition of the offender.

DEVELOPMENT OF MODERN CORECTIONAL CONCEPTS AND STANDARD

Early forms of Punishment- The earliest form of punishment were


1. death ,
2. torture,
3. maiming and
4. banishment
5. Shot drill
6. treadmill

the Jail was introduced in Medieval Europe as a place of confinement of persons


arrested and undergoing trial ,and for corporal punishment and banishment were the
penalties for offenses which today are punishable by imprisonment .

After convicted offender were chained to galleys to man the ships of war :

1. England
2. France and
3. Spain use transportation system of punishment by indenturing their convicts to
penal colonies where they served as slaves until they completed the service
of their sentence.

Transportation of offenders to penal colonies was practiced principally by Europe


Countries that had acquired distant colonies because of the need to import labor into
these colonies .England, more than any other imperialistic country in Europe , made
extensive use of transportation .England began transportation of prisoners in 1718 by
sending her convicts to the American colonies until the American Revolution when the
colonies obtained their independence ,England div erted her convicts to Australia and
New Zealand

England abandoned transportation of prisoners in the last half of the 19 century ,after
much agitations and protest on the part of the colonies .

DEVELOPMENT OF PRISON

Prison evolved as a substitute for

1. transportation
2. ,exile,
3. public degradations

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4. particularly corporal punishment, and
5. death penalty.

In the United States where prison were first established imprisonment was introduced as
a substitute for corporal punishment and death penalty when, by the prov ision of the
Pennsylv ania Reform Law of 1790, corporal punishment was abolished and the list of
offenses punishable by death was reduced to only one offense .that of first degree
murder. As the United States and Europe curtailed the use of death penalty ,prisons
and penitentiaries were constructed to take care of the unexecuted and
unpardoned criminals .long sentences required prisons and penitentiaries that were
not places of detention for those awaiting trial or short sentences but for a lengthy stay
of offenders convicted of serious crimes.

THE AUBORN AND PENNSYLVANIA SYSTEM

Two riv al prison systems appeared in the scene during the early history of imprisonment
,namely .the Auborn and Pennsylv ania prison system ,were establish in 1819 and 1829
respectiv ely:

1. the features of Auborn system were confinement of the prisoner in a single cell
at night and congregate work in shops during the day.

 Note: The United states which constructed their prisons patterned them after
the Auborn system.

2. the features of the Pennsylvania system were confinement of the prisoners in


their own cell day and night.

 Note: European countries adopted the Pennsylv ania system

THE REFORMATORY MOVEMENT

This consisted in the introduction of certain reforms in correctional field by certain


persons, gradually changing the old punitiv e philosophy of punishment (Mass
treatment, enforced silence, idleness, regimented rules and severe punishment) to a
more humane treatment of prisoners with innov ative institutional programs.

Note: Penal administrators who contributed to the development of progressive


reformatory system were mentioned in chapter 11.

THE DECLINE OF REFORMATORY MOVE MENT

The reformatory system mov ement subsided gradually following the opening of Elmira
because of the founders lack of fait h in the effectiv eness of the program .the defect
of the system was laid on the lack of attempt to study criminal behavior from which to

41
base treatment by 1910 it was generally conceded that the reformatory system in the
United states was a failure in practice .it was not until 1930 that the reformatory idea
was reviv ed as the direct result of the rev amp of the educational program of the
Elmira reformatory.

THE INDUSTRIAL PRISON MOVEMENT

The Elmira reformatory movement was succeeded by the industrial prison movement.
US common wealth preferred the Auborn prison system to the Pennsylvania prison
system because of its congregate work program . .the value of prison labor began to
be recognized in ev ery prison system because of the contribution that the w ork
programs in prison become more deeply felt.state gov ernment could hardly afford to
prov ide the funds with which to run the prisons because of the economic depression
that hit the united states before and in the early 1930’s the operations of industries
inside the penal institution was therefore ,considered a noble innov ation that helped
support the prisons. Nearly ev ery prison ,therefore ,was conv erted into factory
engaged in the manufacture of articles which were sold in open market for profit .

At about time ,it was observed that there was a sudden increased of criminality in the
United states some people attributed the increase of criminality to the depression .
The united states congress created a congressional committee to inv estigate the
cause of the high incident of crime ,the findings of the committee were that the rise
in criminality was caused by the increase in recidivism and repeatership in crime and
that the increase in recidivism and habitual delinquency was attributed to the
abandonment of the rehabilitation program in penal institution in favor of operation of
industries as a remedial measure ,congress passed a law in 1934 ,which in effect
,prohibited the sale of prison made articles to the public and limited their use to
government owned institutions and agencies .this law put an end to the Industrial
Prison mov ement.

THE INTERNATIONAL PENAL AND PENITENTIARY COMMISSION

The first international organization in the field was the international Penal and
penitentiary commission established in 1875 .this organization was responsible for
holding international penal and penitentiary congresses ev ery five years .the last
congress was held in Hague in August 1950. The commission dev eloped publication
studies and international exchange of information .and dev oted a great deal of
attention to the formulation of basic or minimum standard of practice in the treatment
of offenders

THE FIRST JUVENILE COURTS

The first juv enile courts which was established in Chicago in 1899 ,was based on the
principles long used in England ,although England put up her own juv enile courts some
years later when the child act of 1908 was passed

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THE LEAGUE OF THE NATIONS

Limited its scope in the social field to the problem of traffic women and children
.Gradually the league broadened the scopes of its activities in the filed and soon
assume responsibility regarding child welfare.

The question of the treatment of adult offenders was actually taken up by the league
of nations in 1930.

In 1934 the league of nations adopted the standard minimum rules for the treatment
of prisoners ,drafted by IPPC.

THE UNITED NATIONS PROGRAMME

The social commission of the United Nations in the first session in 1946 ,expressed the
view that the United Nations should assume the responsibility for the international
action in the field of crime prevention and treatment of offenders ,negotiations
between the United nations and the International Penal and Penitentiary commission
led to an agreement for the dissolution of the latter body and for the transfer of its
function to the United nations .this plan of integration was approv ed by the IPPC on
august 12 ,1950 .The IPPC was actually dissolv ed on October 1. 1951

CHAPTER V.
PENALTIES
PENALTIES IN GENERAL

PENALTY DEFINED

 Penalty is the punishment imposed by lawful authority upon a person who


commits a deliberate negligent act.

 Penalty is the suffering that is inflicted by the state for the transgression of law

CONCEPT OF PENALTY

Penalty in its general sense signifies pain ;especially considered in the juridical sphere ,it
means suffering undergone ,because of the action of human society ,by one who
commits a crime

DIFFERENT JURIDICAL CONDITIONS OF PENALTY

1. Must be Productiv e of Suffering, without howev er affecting the integrity of the


human personality.

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2. Must be Commensurate with the offense. Different crimes must be punished with
different penalties
3. Must be Personal- No one should be punished with the crime of the.
4. Must be legal Legal- It is a consequence of a judgment according to law.
5. Must be Certain – No one may escape its effects.
6. Must be Equal to all
7. Must be Correctional.

THREE FOLD PURPOSE OF PENALTY

The Three-fold purpose penalty:

a. Retribution / Expiation – penalty is commensurate with the gravity of the offense.

b. Correction / Reformation – as shown by the rule which regulate the execution of


the penalties consisting in depriv ation of liberty.

c. Social Defense- Shown by its inflexible severity to recidivist and habitual


delinquencies.

THEORIES JUSTIFYING PENALTY

the following are theories justifying penalties

a) Prevention- the state must punish the criminal to prev ent or suppress the danger
to the state arising from the criminal act of the offender.

b) Self defense- the state has a right to punish the criminal as a measure of self
defense so as to protect society from the threat and wrong inflicted by the
criminal.

c) Reformation - the object of punishment in criminal cases is to correct and


reform the offender.

d) Exemplarity – the criminal is punished to serv e as an example to deter others


from committing crimes.

e) justice - by the state as an act of retributive justice ,a v indication of absolute


right and moral law v iolated by the criminal .

THE CLASSES OF INJURY CAUSE BY THE CRIME

1) Social Injury – Repaired through the imposition of the corresponding penalty.


Offended party cannot pardon the offender so as to reliev e him of the penalty.

44
2) Personal Injury – Repaired through indemnity. it can be waived by the offended
party.

MEASURES OF PREVENTION THAT ARE NOT CONSIDERED AS PENALTY

1) The arrest and temporary detention of accused person (prev entive


imprisonment) as well as their detention by reason of insanity or imbecility or
illness requiring their confinement in a hospital.

2) The commitment of a minor to a reformatory institution

3) Suspension from employment or public office during the trial or n order to


institute proceedings.

4) Fines and other corrective measures which ,in the exercise of their administrative
or disciplinary powers ,superior officials may impose upon their subordinate

5) Deprivation of rights and the reparations which the civil law may be establish in
penal form

WHEN IS AN ACCUSED CONSIDERED PREVENTIVELY IMPRISONED

1) Offense charged is non-bailable , or


2) Ev en if bailable, he cannot furnish the required bond

WHEN IS AN OFFENDER PREVENTIVELY IMPRISONED ENTITLES TO DEDUCTION FROM PENALTY


IMPOSED

1. Full Time- if he agrees v oluntarily in writing to abide by the same disciplinary rules
imposed upon conv inced prisoners.

2. 4/5 or 80% of the time – if he does not agree to such rules mentioned abov ed

WHO ARE NOT ENTITLED TO DEDUCTION

1. Recidivists
2. Habitual Delinquents
3. Those who, upon being summoned for the execution of their sentence, failed to
surrender v oluntarily.

WHAT IS SUBSIDIARY IMPRISONMENT

A: Personal penalty prescribe by law in substitution of the payment of fine embodied in


the decision when the same cannot be satisfied because of the culprit’s insolvency.
(People v . Jarumayan, 52 O.G. 248)

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CLASSIFICATION OF PENALTIES

Scale,
Principal Penalties

A. Capital punishment:

1. Death

B. Afflictive penalties:

1. Reclusion Perpetua,
2. Reclusion temporal,
3. Perpetual or temporary absolute
Disqualification,
4. Perpetual or temporary speciaL Disqualification,
5. Prision mayor.

C. correctional penalties:

1. Prision correctional
2. Arresto mayor,
3. Suspension,
4. Destierro.

D. Light penalties:

1) Arresto menor,
2) Public censure.

D. PENALTIES COMMON TO THE THREE PROCEEDING

a. Fine, and
b. Bond to keep the peace

Accessory Penalties
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification
c. Suspension from public office, the right to vote and be v oted for, the profession
or calling,
d. Civil interdiction,
e. Indemnification,
f. Forfeiture or confiscation of instruments and proceeds of the offense,

46
g. Payment of costs.

THE GENERAL CLASSIFCATION OF PENALTIES

1. Principal penalties – those expressly imposed by the court in the judgment of


conviction.

2. Accessory penalties – those that are deemed included in the imposition of the
principal penalties.

THE PRINCIPAL PENALTIES ACCORDING TO DIVISIBILITY

1. Indivisible penalties – those which have no fixed duration. Includes: death and
reclusion perpetua.

2. Divisible penalties – those that have fixed duration and are divisible into three
periods. Includes: reclusion temporal down to arresto menor.

THE PENALTIES ACCORDING TO THEIR GRAVITY

1. Capital
2. Afflictiv e
3. Correctional
4. Light

Fines: May be imposed as an alternative or single penalty.

1. Afflictiv e – ov er P6,000
2. Correctional – P200 to P6,000
3. Light – less than P200

DURATION AND EFFECT OF PENALTIES

THE DURATION OF PENALTIES

Penalty Duration
Reclusion perpetua 20 years and 1 day
to 40 years
Reclusion temporal 12 years 1 day to 20
years
Prision mayor and 6 years 1 day 12
temporary years
disqualification
Prision Correctional 6 months I day to 6
Suspension and years

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Destiero
Arresto mayor 1 month and id ay
to 6 months
Arresto menor 1 day to 30 days
Bond to keep the Discretionary on the
peace court

DISTINCTION BETWEEN THE PENALTY OF RECLUSION PERPETUA AND LIFE IMPRISONMENT

Reclusion perpetua Life imprisonment


Pertains to the penalty Pertains to the penalty
imposed for violation of imposed for violation of
the RPC special laws
It has fixed duration It has no fixed duration
It carries with it accessory It does not carry with it
penalties accessory penalties
Although reclusion , it has remained to be an
perpetua has been given indivisible penalty.
a fixed duration, Indiv isible penalties hav e
no durations.

WHEN IS DEATH PENALTY IMPOSED?

Death penalty is imposed in the fallowing Crimes:

1. Treason
2. Piracy
3. Qualified piracy
4. Qualified bribery
5. Parricide
6. Murder
7. Infanticide
8. Kidnapping and serious illegal detention
9. Robbery with homicide
10. Destructive arson
11. Rape with homicide
12. Plunder
13. Certain v iolations of the Dangerous Drugs Act
14. Car napping

WHAT IS THE NATURE THE PENALTY OF DESTIERRO

A: Destierro is a principal penalty. It is a punishment whereby a convict is v anished to a


certain place and is prohibited from entering or coming near that place designated in
the sentence not less than 25 kilometers but not to extend beyond 250 kilometers

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PENALTIES WHICH ARE CONSIDERED BOTH PRINCIPAL AND ACCESSORY PENALTIES

1. Perpetual or temporary absolute disqualification;


2. Perpetual or temporary special disqualification;
3. Accessory Penalties

Accessory penalties need not be stated in the sentence.

The accessory penalties follow the principal penalty imposed for the crime as a matter of
course; they are automatically imposed ev en though they are not stated in the
judgment.

CIVIL INTERDICTION DEFINED

Civil interdiction is an accessory penalty. Civil interdiction shall deprive the offender
during the tie of his sentence:
1. The rights of parental authority or guardianship either as to the person or
property of any ward;
2. marital authority;
3. The right to manage his property; and
4. The right to dispose of such property by any act or any conv eyance inters viv os.

RULES ON COMPUTATION OF PENALTIES

1. Offender is in prison - duration of the temporary penalties is from the day on


which the judgment conv iction becomes final.

2. Offender not in prison – duration of penalty consisting in the depriv ation liberty is
from the day that the offender is placed at the disposal of judicial authorities for
the enforcement of the penalty.

3. Other Penalties – duration is from the day on which the offender commences to
serv e his sentence.

EFFECT OF PENALTIES

1. Perpetual or Temporary Absolute Disqualification for public Office:

a) Depriv ation of public offices and employment, ev en if by election.


b) Depriv ation of the right to v ote or to be elected.
c) Disqualification for the offices or public employments and for the exercise of any
rights mentioned.
d) Loss of right to retirement pay or pension for any office formerly held.

49
Perpetual absolute disqualification lasts during the lifetime of the convict.

Temporary absolute disqualification lasts during the term of the sentence, and is
remov ed after the service of the same.

2 .Perpetual or Temporary Special Disqualification for Public Office,profession or Calling:

a) Depriv ation of the office, employment profession or calling affected.


b) Disqualification for holding similar offices or employments perpetually during the
term of the sentence.

3. Perpetual or Temporary Special Disqualification of the Right to Suffrage:

a) Depriv ation of the right to v ote or to be elected to any public office.


b) Cannot hold any public office during the period of the disqualification.

4. Suspension from Public Office Profession Calling or the Right to Suffrage

a) Disqualification from holding such office or exercising such profession or


calling or right of suffrage during the term of the sentence.
b) If suspended from public office, he cannot hold another office having similar
functions during the period of suspension.

5. Civil Interdiction:

1. Depriv ation of the rights of parental authority or guardianship of any ward.


2. Depriv ation of martial authority.
3. Depriv ation of the right to manage his property and of the right to dispose of
such property by any act or any conv eyance inter viv os.

6. Bonds to Keep Peace:

Offender must present to sufficient sureties who shall undertake that the offender
will not commit the offense sought to be prev ented, and in case such offense be
committed, they will pay the amount determined by the court; or
a) Offender must deposit such amount with the clerk of court to guarantee said
undertaking; or
b) Offender may detained if he cannot give the bond, for a period;

Not to exceed 6 months- for grav e or less grav e felony, or

Not to exceed 30 days- for a light felony

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Bond to keep peace is different from bail bond which is posted for the provisional
release of a person arrested for accused of a crime.

the distinctions between bond to keep the peace and bond for good behavior?

Bond to keep the peace Bond for good behavior


Failure to post a bond to it is light only. The legal
keep the peace is effect of failure to post a
imprisonment either for six bond for good behav ior is
months or 30 days, not imprisonment but
depending on weather destierro under Article 284.
the felony committed is
grave or less grav e on one
hand,

CHAPTER V1
BUREAU OF JAIL MANGEMENT AND PENOLOGY
(BJMP)

INTRODUCTION

 Are important element on our nation ‘s correctional system ,serving at the most
commonly used type of confinement in 1166 King Henry 11 of England ordered
ev ery sheriff to establish a goal pronounced jail in his shire for the purpose of
sewing offenders until they could be brought before the king, s court .

 Furthermore ,jailers were often unsalaried ,earning a living by collecting fees


from those they kept incarcerated in 1577 in England ,W orkhouses or Bridewells
also ev olv ed during this time .providing additional profit to greedy jailers who
hired out their prisoner to local merchants.

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

The bureau of Jail management and Penology was created pursuant to RA 6975 signed
on December 13 1990 and became known as the DILG Act of 1990.

Anather agency tasked under the Corrections Pillar to supervise sentenced Municipal
and city Prisoner as well as detainees awaiting trial or awaiting court decisions are the
BJMP .the methodology of its supervision is closely patterned after that of bureau of
corrections

Under section 60 , the Bureau of jail Management and Penology ,hereinafter referred to
as Jail bureau

51
,is hereby created initially consisting of the existing officer and none uniform members
of the office of the Jail Management and Penology as constituted under Presidential
Decree No &65 under defunct Philippine Constabulary /Integrated National Police.

Jails

 are institution for the confinement of person who are awaiting final disposition of
their criminal cases and also for the service of those convicted and punished
with shorter sentences, usually up to three years.

Types of Jails:

1) Lock-up Jails- is a security facility for the temporary detention of person held for
inv estigation or awaiting preliminary inv estigation.

2) Ordinary jail – houses both offenders waiting court action and those serving
short sentence usually up to three years./Prov incial Jail

3) Workhouse, jail farm,Camp - jail farm/camp houses- minimum custody offenders


serving short sentence with constructiv e work programs.

PROVINCIAL AND SUB-PROVINCIAL JAILS

Prov incial Jail System was first established in 1910 under American Regime. Each of the
sev enty-six (76) provincial jails supervised and control by their respective provincial
government.

The Provincial Jail of Cebu with the Dancing Inmate

 Known as Cebu Provincial detention Rehabilitation Center (CPDC)


 Is a maximum security prison in Cebu, Cebu Province.
 Byron Garcia the warden who created the dancing program for inmates
 Becomes famous you tube sensation for their thriller dance video ,performed a
stage tribute for their idol ,Michael Jackson
 Their choreographer Gwendolyn Lador
 Garcia first uploaded of prisoner’s choreography was the Algorithm March but
this was almost entirely ignored ,but the next upload thriller had a massive
response

Sub-Provincial Jails.

There are twenty-one (21) sub-provincial jails and it was also established and
constructed by the Prov incial Gov ernment to house prisoners whose prison term ranges
from six (6) months and one (1) day to three (3) years and other inmates undergoing
court proceedings

52
THE CHILD AND YOUTH WELFARE CODE

Another land Mark legislation regarding correction is the one pertaining to youth
offenders .On December 10, 1974,Presidential Decree No .603 otherwise known as Child
and Youthful W elfare Code of 1974 was promulgated .this code became the Magna
Carta for Children and was the first in the entire ASEAN region.

Before P.D. 603 went into effect ,howev er ,there is already a long existing law cov ering
the probationary treatment of juv eniles in conflict with law .this is commonwealth Act No
3203 that went into effect on December 3, 1924. This the first youth offender;s law of the
land .This law established the welfare institutions,which took responsibility of taking
charge of all Government child caring institution.Home for the aged and infirm as well as
the Philippine training School for boys they were put under supervision of the office of
Public W elfare Commission

All this facilities were centralized and located at what was known as Welfareville in
Mandaluyong, which was still then part of the province of Rizal . Welfareville a
fiftyhectare land with forty –(40) building . Five of the building were for the homeless
neglected displaced and abandoned boys picked up by the Police ,The Training School
for boys and the confinement institution for youth in conflict with the laws ,and a home
for the aged and the firm.

On Nov ember 29, 1969 the Philippine Training School for boys was transferred to
Sampaloc, Tanay,and Rizal where it continues to stay to this day .it was named Vicente
Madrigal Rehabiliatation Center . (VMRC) in honor of the one who donated the land
Ev entually ,Howev er, it returned to its old official name ,the National training Schools for
Boys.

On the other hand, the Philippine Training School for girls transferred to Alabang which
became the Marillac Hills up to this day, However ,in view of theincreased incidence of
child abuse and exploitation .Marillac Hills now only has a cattage for youthful offenders

Presidential Decree 765 –

enacted last July 16, 1975 creating the Office of the Jail Management and Penology
under B/Gen. Laquian, during that time 18-22% of the annual income of the local
government were given to PC/INP as their salaries and allowances. The city and
municipal jails were under the superv ision and control of the local PC/INP and supported
by the local gov ernment financially.

Republic Act 6975 – “DILG Act of 1990”,

53
which creates the PNP, Fire and Jail Services as separate and distinct bureaus, on July 1,
1991, BJMP was created under the DILG to supervi se and control the administration and
operation of all district, city and municipal jails
.
BJMP Manned PNP Manned Total
District Jails 112 4- (CAR) 116
City Jails 68 3-(R4-2 & R6-1) 71
Municipal Jails 264- 826 1,090

POWER ,FUNCTION AND ORGANIZATION OF JAIL BUREAU (BJMP)

POWER

 The BJMP exercises supervision and control over all cities and Municipal Jails .
The Prov incial Jails shall be superv ised and controlled by the provincial
Gov ernment within its jurisdiction ,whose expenses shall be subsidized by the
national Gov ernment for not more than 3 years
NOTE:

 RA No 9263 –An act providing for professionalization of the BFP and BJMP
 Director Charles s Mondejar took his oath of office on July 1 of 1991 as the first
chief of the Bureau.
 At Present Director Rosendo Moro Dial Ceso 111

The Bureau shall exercise supervision and control ov er all district, city and municipal jail
to ensure secured, clean, sanitary and adequately equipped jail for the custody and
safekeeping of city and municipal prisoners, any fugitiv e from justice or persons detained
awaiting inv estigation or trial and/or transfer to national penitentiary, and any v iolent,
mentally-ill person who endangers himself or safety of others.

Known as the Bureau of Fire protection and Bureau of jail Management and Penology
Act of 2004 amending certain provision of R.A. 6975 providing funds therefore and for
other purposes

MISSION OF THE BJMP

The Jail Bureau shall direct ,supervise and control the administration and operation of all
district ,city and Municipal jails to effect a better system

VISION

The Bureau of Jail Management and Penology env isions a dynamic and responsiv e
institution, which upholds professional jail services to promote public safety.

54
OBJECTIVES:

The broad objectives of the Bureau are the following:

1) To improv e the living conditions of inmates in accordance with the accepted


standards set by the United Nations;

2) To enhance the rehabilitation and reformation of inmates in preparation for their


ev entual reintegration into the mainstream of society upon their release; and

3) To professionalize jail services.

FUNCTIONS:

In line with its mission, the Bureau endeav ors to perform the following:

a. Formulate policies and guidelines on the administration of all district, city and
municipal jails nationwide;

b. Formulate and implement policies for the programs of correction, rehabilitation


and treatment of inmates;

c. Plan and program funds for the subsistence allowance of inmates; and

d. Conduct researches, develop and implement plans and programs for the
improv ement of jail services throughout the country.

ORGANIZATION AND KEY POSITIONS, ESTABLISHMENT OF DISTRICT, CITY AND


MUNICIPAL JAILS:

The Bureau of Jail Management and Penology, also referred to as the jail Bureau, was
created pursuant to Section 60, RA 6975, and initially consisting of uniformed officers and
members of the Jail Management and Penology Service as constituted under
Presidential decree 765.

The Bureau shall be headed by a Chief with the rank of Director, and assisted by a
Deputy Chief with the rank of Chief Superintendent.

The central office is the command and Staff of the jail Bureau composed of 3
commands groups,6 coordinating staff div isions ,6 special staff groups and 6 personal
staff groups namely:

1. 3 Command Groups

 Chief BJMP

55
 Deputy C/BJMP
 Chief of Staff

2. 6. Coordinating Staff

 Logistic division
 Operation division
 Administrative division
 Finance RANK POSITION/TITLE APPOINTING AUTHORITY
management Director Chief Pres. By the
div ision of BJMP recommendation of DILG
 Research plans Sec.
and Program Chief Deputy chief
div isions superinte BJMP
 Inspection and ndent -. adminis
inv estigation trations
div ision -.operations
- directorial
3. 6. Special Staff Group staff
Senior Regional DILG Sec with
 General Services superinte director recommen
Unit nd dation of the chief BJMP
 Health services Unit Dent
 Chaplain Services Superinte Asst Regional chief BJMP
Unit ndent Director rec.by immediate
 Community - Adminis superiors
services Unit Trations
 Finance serv ice - operations
Unit -directorial
 Hearing office Staff
-Prov incial
4. Personal Staff Groups Jail –administra
tion
 Aide de Camp -
 Intelligence office Chief City jail warden
 Public Information inspector
Office Senior Municipal
 Legal office inspector jail warden
 Adjudication office Inspector W arden
 Internal audit SJO4 JOI Jail guards Regional director for
regional personnel and
REGIONAL OFFICE chief BJMP for the NHQ
attested by the CSC
AT THE Regional level , each
Region shall have a designated Regional Director for Jail Management and Penology

56
PROVINCIAL LEVEL

In the Provincial level ,there shall be designated a Provincial Jail administrator to


perform the same functions as the ARD’s prov ince wide.

DISTRICT OFFICE

In the district level, where there are large cities and Municipalities ,a district jail with
subordinate Jails ,headed by a district warden may be established as necessary.

CITY AND MUNICIPAL OFFICE

In the City and Municipal lev el ,a city or Municipal W arden shall head each jail .

RANK CLASSFICATION OF THE BJMP

WARDEN

 is responsible for the direction, coordination and control of the personnel.


 As well as security ,safety,discipline and well beings of inmates
 May organize the following Units

1. Intelligence and investigation team- it gathers, collect and submits


intelligence information to the office of the warden on matter regarding
the jail conditions
2. Jail inspectorate section –inspect jail facilities ,personnel ,and prisoners and
submit reports to the warden.
3. Public Relation office- Maintain public relation to obtain the necessary and
adequate public support

ASSISTANT WARDEN

 Undertakes the dev elopment of a systematic process of treatment


 Chairman of the classification board and disciplinary board.

ADMINISTRATIVE GROUPS

1. Personnel management branch

 Assignment of personnel
 Procedures of selection
 Preparation of personnel report
 Indiv idual records

57
2. Record and Statistic Branch

 Keep and maintain booking sheets and arrest reports


 Keep an orderly record of fingerprints and photographs
 Prepare/present statistical data of equipments and supplies

3. Property and supply branch

 Take charge of safekeeping of equipments and supplies

4. Budget and Finance branch

 Take charge of all financial

5. Mess service branch

 Take charged of preparation of daily menu

6. General service branch

Responsible for the maintenance and repair of jail facilities and equipments

7. Mittimus computing branch

 Tasked to receive court decisions and compute the date of the full
completion of the service of sentence imposed therein or for detention

Mittimus –

is a warrant issued by a court directing the jail or prison authorities to receive the
convicted offender for the service of sentence imposed therein or for detention

SECURITY GROUPS

It provides a system of sound custody, security and control of inmates and their
mov ements and also responsible to enforce a prison or jail discipline.

1. Escort platoon
a. Escort section- to escort inmate upon order of any judicial body ,upon

summon of a court ;or transfer to other penal institution
 b. subpoena section – Receiv es and distributes court summons ,notices
,subpoena ,etc.
2. Security platoon
 A three shifts working platoon responsible for overall security of the jail
compound including gates guards post and towers.

58
 Also responsible for the admitting and releasing units.

REHABILITATION PURPOSES GROUPS

Provides services and assistance to prisoners and their families to enable them to
solve their individual needs and problems arising from the prisoner’s confinement

1) Medical and Health services branch

 Prov ides medical and Physical examination of inmates upon confinement


,treatment of sick inmates and conduct medical and physical examinations
and prov ides medicine or recommends for the hospitalization of seriously ill
prisoners or inmates

2) Work and Education theraphy


services .

 Take charge of the job and educational programs needed for rehabilitation
of inmates by providing them job incentiv es so they can earn and provide
support for their families while in jail

3) Socio Cultural Services

 It takes care of the social case work study of the individual prisoners by
making interviews, home visits and referral to the community resources ,free
legal services ,and liaison works for inmates

4) Chaplain services

 It takes charged of the religious and moral upliftment of the through


religious services

5) Guidance and counseling services

 Responsible for the individual and group counseling activities to help


inmates solve their individual problems and to help them to lead a whole
some and constructive life

THE DISCIPLINARY BOARD

A disciplinary board shall be organized and maintain by jails for the purpose of hearing
disciplinary cases inv olving inmates who violates rules and regulation the board is tasked
to inv estigate the facts of an alleged misconduct referred to it .it shall hold session as
often as necessary in a room which may be prov ided for the purpose .All cases referred

59
to it shall be heard and decided within 48 hours from the date of receipt of the case it
shall be composed of the following

chairman Deputy warden


Members 1) Chief custodial /security
officers
2) Medical officer public
health officer
3) Jail chaplain
4) Inmates welfare and
development officer
5) Inmates representative

PROCEDURE IN DISCIPLINARY CASES

The procedure in handling disciplinary cases shall be as follows:

1. The written complaint or report of an aggrieved inmate or any inmate or prison


personnel hav ing knowledge of any breach of discipline by an inmate shall be
filed with the office of the Superintendent. The complaint or report shall be
signed by the complainant and shall describe the violation and the names of
possible witnesses.

2. If the Superintendent, after initial inv estigation, finds that the complaint or report
is baseless, he shall order its dismissal. Otherwise, he shall endorse the case to the
Board of Discipline for hearing.

3. The Board of Discipline shall hold sessions as often as necessary. It shall decide
cases referred to it within five (5) working days after the termination of hearings.

4. The hearing shall be summary in nature and shall not be bound by the technical
rules of evidence.

5. The inmate charged with the offense shall be allowed to present evidence in
the hearing.

6. The decision of the Board of Discipline shall be subject to review and approv al
by the Superintendent.

7. A decision approv ed by the Superintendent shall be final.

AUTHORIZED DECIPLINARY PUNISHMENT FOR INMATES

The board is authorized to impose of the following disciplinary punishment

60
1. Reprimand
2. Temporary or permanent cancellation of some or all recreational privileges
3. Cancellation of v isiting privileges
4. Extra fatigue duty for sentenced inmates
5. Close confinement in a cell ,prov ided that this punishment shall be imposed only
in case of incorrigible inmate ,when other disciplinary measures had been
prov en ineffective and
6. Transfer to another BJMP in the area in accordance with the court

The disciplinary board may recommend to the warden partial or full forfeiture of
good conduct and time allowance (GCTA) to be earned for the month and
subsequent months depending upon the grav ity of the offense.

NOTE: A female inmate shall not be subjected to disciplinary measures which might
adv ersely affect her unborn or nursing child.

The penalty imposed by the Board of Discipline shall form part of the carpeta and prison
record of an inmate.

PUNISHABLE ACTS

As provided by section 9 ,Rule II ,Book II (BJMP Manual) an inmate is strictly prohibited


from committing any of the following acts:

A:MINOR OFFENSE

1. Selling or bartering with fellow inmates those items not classified as contraband
2. Rendering personal services to fellow inmates
3. Untidy or dirty personal appearance
4. Littering or failing to maintain cleanliness and orderliness in his/her quarters
surroundings
5. Making friv olous or groundless complaints
6. Taking the cudgels for or reporting complaints on behalf of other inmates
7. Late in information during inmate headcount without reasons and
8. Willful waste of food.

B: LESS GRAVE OFFENSE

1. Failure to report for work detail of sentenced inmates without sufficient


justification
2. Failure to render assistance to an injured personnel or inmate
3. Failure to assist in putting out fires inside the jail behaving improperly or acting
boisterously during religious, social ,and other group functions

61
4. Behaving improperly or acting boisteriously during religious, social and other
group function
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 for him/her and or to others
10. Exchanging uniforms or wearing clothes other than those issued to his /her for
the purpose of circumv enting jail rules
11. Loitering or being in an authorized place
12. Using the telephone without authority from the desk officer
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 photograph
16. Failure to turn ov er any implement /article issued after work detail

C: GRAVE OFFENSES

1. Making untruthful statements or lies in any official communication ,transaction,


or inv estigation .
2. Keeping or concealing keys or locks of places in the jail which are off limits to
inmates
3. Giving gifts ,selling ,or bartering with jail personnel
4. Keeping in his /her possession money ,jewelry ,cellular phones and 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 paraphernalia to be used in tattooing
6. Forcibly taking or extorting money from fellow inmates and v isitors
7. Punishing or inflicting injury or any harm upon himself /herself or other inmates
8. Receiving ,keeping ,taking or drinking liquor and prohibited drugs
9. making ,improv ising 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 of from 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 riots
15. Indecent ,immoral or lascivious acts by himself /herself or others and /or allow
himself /herself to be subject of such indecent ,immoral or las civious acts

62
16. Willful disobedience to a lawful order issued by any BJMP personnel
17. Assaulting any BJMP personnel
18. Damaging any gov ernment property or equipment
19. Participating in kangaroo court an authorized or irregular court conducted with
disregard for or perversion of legal procedures as a mock court by the inmates
in a jail/prison
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 diseased such as tuberculosis sexually transmitted diseased
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, and
24. Committing any act prejudicial to good order and discipline.

CUSTODY, SECURITY AND CONTROL,


MOVEMENT AND TRANSFER OF PRISONERS AND DETAINEES

CONCEPT: The ov erall concept of jail security operations encompasses both


prev ention and rehabilitation. These two efforts are inseparable as neither can be
accomplished without the other. Jail security is necessary to safeguard the lives of
people residing within the vicinity, those managing the jails, and inmates whose liv es
are to be rehabilitated to become constructive members of the society.

DUTIES OF THE CUSTODIAL FORCE

Members of the custodial force shall hav e the following duties and responsibilities:

a) Supervise and maintain order and discipline of inmates in housing units, those
assembled for religious services, entertainment and athletics, during meals,
classes, work details, baths and v isits;
b) Censor offender’s mail;
c) inspect security devices;
d) Maintain inner and outer perimeter security;
e) Escort inmates to court, other authorized places of confinements and to
hospitals in cases of emergencies;
f) Insure custody and safety to those confine in jail;
g) Escort v isitors within the jail premises;
h) Report any infringement of rules and regulations to proper authorities;
i) Inform the W arden of any emergency case;
j) Keep and maintain records of the inmates;
k) Perform such other duties as may be assigned by competent authority.

SECURITY AND CONTROL

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The following guidelines should be strictly observed in jail, security and control:
a) Maintain strict control of firearms. Never permit any firearm inside the jail except
in some areas where firearms are authorized.
b) Maintain 24-hour supervision of inmates.
c) Maintain a system of key control, which shall include an accurate listing of all
keys and of receipting them. Nev er permit the inmates to handle keys or to
study them.
d) Secure firearms and anti-riot equipment in the armory where they shall be within
easy reach of the jail guard and yet afford maximum security against access by
offenders.
e) Supervise the proper use of tools and other potentially dangerous articles such
as bottles, acids, kitchen knives, etc., and keep them out of offenders reach
when not in use.
f) Conduct regular inmates’ count at least four (4) times within the 24 -hour a day-
period. Establish procedures, which will ensure beyond doubt, that every
offender is physically present or accounted for, at every count.
g) Conduct frequent surprise searches of offenders and their quarters to detect
contraband.
h) Conduct frequent inspections of security facilities to detect tampering or
defects.
i) Guard against escapes, assault on jail personnel and inmates’ disturbances.
j) Dev elop plans dealing with emergencies like escapes, fires, assaults, riots, and
noise barrage. Make plans known and understood by jail personnel.
k) Nev er allow a jail guard to open the inmates’ cells alone. At least, another
guard should be present .
l) Select carefully the inmates to be assigned as orderly or aide and maintain rigid
control ov er their activities. No offender should be allowed to assume any of the
authority, which belongs to the jail staff or shall any inmate be allowed to
exercise authority, supervision and control ov er other prisoners.

INMATE’S COUNT

It is a part of the institutional procedure 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) Each inmate is counted physically at specified times;


b) During the count, all mov ements of inmates shall cease until the count is
completed;
c) The count must be accurate. A positiv e verification must be made that the
inmates are physically present;
d) Result of each of a group of inmates is submitted to the Warden and/or Deputy
W arden; and

64
e) If the total jail count does not tally with the total jail population in any giv en time,
verification shall be made. An immediate report shall be rendered to the
W arden and/or Deputy W arden for any unaccounted inmate.

DINING ROOM SECURITY

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


plastics.
b) W hen dining rooms are provided, the inmates should be marched in column of
two’s along designated routes under the superv ision of one or two jail personnel.
Other official’s must be stationed along the route to direct the orderly
mov ement of inmates to and from the mess hall.
c) There must be a rov ing supervisor to handle occasional disturbances or settle
complaints.
d) After meals, all utensils used by the inmate should be collected. This should be
strictly supervised by jail personnel to be sure that no utensils are brought out of
the dining room.
e) Forks, spoons and other kitchen utensils should be checked and accounted for
after ev ery meal.

MAIL CENSORSHIP

Communication with relativ es, friends and lawyers are encouraged among inmates
through correspondence. However, this privilege will be extended to inmates
subject to following regulations:

a) Duly designated censor, a member of the custodial force will maintain and
record all incoming and outgoing mails of inmates;
b) The inmate’s mail shall be opened and searched only by qualified, trained and
authorized jail personnel;
c) Letters containing currency, checks or money should be marked with the
amount enclosed and deposited with the Trust Officer or Property Custodian.
d) All greeting cards should be carefully examined and fillers of any kind found
therein should be collected for laboratory examination;
e) Photographs clearly within the scope of the jail regulations should be marked on
the reversed side and placed in the env elop;
f) Prison slang, unusual nicknames and sentences with double meaning should be
carefully studied and analyzed to determine the real meanings;
g) All letters containing statements concerning the security or reputation of the jail,
like attempts of escape, smuggling of contraband and statement that may
affect the rules and regulations etc., shall be forwarded to the Officer -in-Charge
of mail censorship;
h) All letters passed by censors should bear the stamp at the top of each page
and on the env elope.

65
i) Contents of inmate’s mail should not be discussed with other jail personnel,
except for official purposes;

MOVEMENT/TRANSFER OF INMATES

Circumstances that an inmate may be moved or transfer

1. Subject to the conditions set forth by the succeeding rules and procedures an
inmate may be brought out from jail in any of the following instances

a) To appear ,as a witness or as accused ,before any court of justi ce ,during


preliminary inv estigation ,arraignment or hearing of criminal case
b) To appear as a witness with leav e of court in any inv estigation or formal inquiry
conducted by a gov ernment agency or
c) To v iew with leav e of court the remains of a deceased relativ e within the
second degree of affinity and consanquinity
d) To undergo with leav e of court medical examinations or treatment in an outside
hospital clinic
2. No inmate may be transferred to another institution only upon specific order of
the court hav ing 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
3. In any emergency or other compelling situations /necessi ties ,when transfer to
the other jails of inmates inv olved is necessary to ensure the safety and security
of the inmates and personnel ,the warden can recommend to the Regional
Director , v erbally or in writing their immediate transfer ,on the first hour o f the
following working day ,the court concerned must be informed of the said
transfer
4. For those inmates who wish to view the remains of a deceased relativ es ,leav es
of court shall first be obtained

Howev er the warden may request reconsideration from the court to recall and
disapprov ed said order under any of the following grounds

a) The deceased relativ e is lying in state in a place beyond 3o kilometer radius


from the place of confinement of the inmate or, in any case where the inmate
cannot return to said place during day light hours
b) The detainee has a record of escape,and
c) The detainee is classified as high risk high profile and the jail ahs inadequate
resources and those of the jail officers escorting him
5. Before leaving the jail for the authorized desti nations ,the inmate shall turn ov er
to the warden such amount that may be necessary to pay for his transportation
and meal expenses and those of the jail officers escorting him

RULES DURING MOVEMENT OR TRANSFER OF INMATES

66
1. The responsibility for the security of the inmate being mov ed or transfer shall
remain with the custodian until received by another custodian ,whenev er
possible transfer shall be made during the day .any mov ement or transfer of
inmates shall be treated confidentially
2. Prior movements or transfer all jails officers shall be given detailed instruction on
their duties and responsibilities to include specific instruction that the most direct
route to the destination must be followed
3. An inmate being mov ed or transfer shall be handcuffed a nd secured to any
part of the vehicle during transit to av oid being trapped in case of accident
4. Before any mov ement or transfer ,all inmates shall be inspected and searched
foe dangerous weapons or objects ,which may be used for escape or self
destruction
5. As a general rule ,inmates under escort shall always be under watchful eye of
the jail officer. the jail officer shall always be closed enough to the inmate being
escorted to be able to respond effectiv ely in case of emergency
6. In case an inmate is move /transferred from one jail to another facility or
correctional institution ,his/her carpeta must be forwarded to the jail where
he/she is to be confined and duly receiv ed by the designated Records
Custodian.

The following basic security precautions shall be observed during the transfer or
movement of inmates:

a) Do not allow inmates to tinker with the handcuffs


b) Always ascertain that the inmate does not hav e crippled ,deformed or very
small hands that will allow him /her to slip the hand cuff off
c) Adjust the cuffs properly for tightness to av oid the need of adjustment while on
route
d) Regard all inmates being mov ed /transferred as extremely notorious ,to av oid
being careless
e) Do not allow an inmate to go to toilet or washroom alone
f) A jail officer shall be extra careful not to sit ,and stand ,or walk next to inmate
while carrying a gun as it can easily grabbed from him
g) Stopping alone the highway while in transit is highly discouraged ,especially
when mov ing or transporting inmates by v ehicle hired solely for the purpose and
h) Personal v ehicle of the inmates shall not be used for their movement or transfer

LEAVES FROM JAIL

Leav es from jail shall be allowed only on v ery meritorious cases, like the following:

1) Death or serious illness of spouse, father, mother, brother or sister, or children;


and

67
2) Inmates who are seriously ill/injured may be giv en leav e for hospitalization or
medical attendance under proper escort.

RIGHTS AND PRIVILEGES OF AN INMATE

An inmate shall hav e the following basic rights:

1. to receive compensation for labor he performs;


2. to be credited with time allowances for good conduct and loyalty,
3. to send and receiv e mail matter;
4. to practice his religion or observe his faith;
5. to receive authorized visitors;
6. to v entilate his griev ances through proper channels;
7. to receive death benefits and pecuniary aid for injuries.

NOTES:

 Inmates shall be served meals three (3) times a day. Breakfast shall be served
not more than fourteen (14) hours after the previous day's dinner.

 Foreign inmates ‑ Inmates of a foreign nationality shall be allowed to


communicate with the diplomatic and consular representativ es of the State of
which he or she is a national.

 Stateless inmates ‑ A national of a state without diplomatic or consular


representation in the country and a refugee or stateless person shall also be
allowed to communicate with the diplomatic authorities of the state which
takes charge of his or her interests or any national or international authority
tasked to protect such person.

Visiting days and hours. ‑ An inmate may be v isited from Sundays to


Thursdays from 9:00 a.m. to 3:00 pm visitors shall not be allowed to stay
overnight in prison. There shall be no visits on Fridays and Saturdays. Due to
inmate wash days and inspection and weekly muster and inspection of the
members o of the custodial force.

Conjugal visits. ‑ A male inmate may enjoy conjugal visits from his spouse in
prisons where there are facilities therefor under such conditions as may be
prescribed by the Director.

Visit of legal counsel. ‑ An inmate maybe v isited by his legal counsel of


record at reasonable hours of the day or night.

PRIVILEGES OF AN INMATE

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1. Attend or participate in any entertainment or athletic activity within the prison
reserv ation;
2. Read books and other reading materials in the library;
3. Smoke cigar and cigarettes, except in prohibited places
4. Participate in civic, religious and other activities authorized by prison authorities;
and
5. Receiv e gifts and prepared food from visitors subject to inspection.

RIGHT OF A DETAINEE

A detainee may, aside from the rights and privileges enjoyed by a finall y convicted
inmate, wear civilian clothes and to grow his hair in his customary style.

PRIVILEGES OF A COLONIST

1. Additional five days of GCTA for each calendar months on the top of the regular
five days GCTA granted under Article 97 of the RPC
2. Automatic reduction to 30 years if sentence is imprisonment
3. To bring his family or the woman he will marry to live with him .His family or
fiancee will be reimbursed their transportation expenses in going to the facility to
live with the inmate and return transportation expenses upon release.the family
may also be entitled to avail of prison facilities like hospitals,schools and others
for free ,family mebers ,however, are subject to the rules being implemented in
the facility
4. Reasonable amount of clothing and ordinary household supplies from the
government commissary as special reward to deserving colonist and
5. To wear civilian clothes on such special occasions as may be designated by the
superintendent

Note : husband and wife inmates may serve their sentence together in a prison and
penal farm as soon as both are classified as colonists

The superintendent may revoke3d the colonist status for cause with the concurrence of
the director of prisons

COMMITMENT AND CLASSIFICATION


OF INMATES

COMMITMENT. – Means the entrusting for confinement of an inmate to a jail by


competent court or authority for inv estigation, trial and/or service of sentence.

COURT AND ENTITIES AUTHORIZED TO COMMIT PERSON TO A JAIL

The following (courts and entities) are authori zed to commit a person to jail:

69
1. Supreme Court
2. Court of Appeal
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trial Court
6. Board of Transportation
7. Deportation Board
8. Commission .of Election
9. National Prosecution Service
10. Police Authorities
11. All other administrative bodies as maybe authorized by law

CLASSIFICATION-

Refers to assigning or grouping of inmates according to their sentence, gender, age,


nationality, health, criminal records, etc.

WHO IS A PRISONER

 A prisoner is a person who is under the custody of lawful authority .A person who
by of his criminal sentence or by decision issued by a court ,may be depriv ed of
his liberty or freedom
 A prisoner is any person detained /confined in jail or prison for the commission of
criminal offense or conv icted and serving in a penal institution
 A person committed to jail or prison by a competent authority for any of the
following reasons .to serv e a sentence after conviction trial o-inv estigation

GENERAL CLASSIFCATION OF PRISONERS

1) Detention Prisoners

 those detain for investigation ,preliminary hearing ,or awaiting trial . A


detainee in lock up jail they are prisoners under the jurisdiction of courts
.

2) Sentenced prisoners-

 offenders who are committed to the jail or prison in order to serv e their
sentence after final conviction by competent court,
 prisoners under jurisdiction of penal institution

3) Prisoners who are on safe keeping.

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 Includes non criminal offenders who are detained in order to protect
community against their harmful behav ior
 Ex mentally deranged indiv iduals ,insane person.

WHEN JUDGEMENT BECOMES FINAL


A JUDGEMENT BECOMES FINAL

1. W hen the period for perfecting an appeal has lapsed


2. W hen the sentence is partially or totally satisfied or serv ed
3. W hen the accused expressly waiv ed in writing his right to appeal and
4. W hen the accused applies for probation

WHEN JUDGEMENT OF ACQUITTAL BECOMES FINAL

A judgment of acquittal becomes final immediately after promulgation and cannot be


recalled for correction or amendment any modification thereof will result in double
jeopardy

CLASSIFICATION OF SENTENCED PRISONERS

The four (4) main classes of prisoners are, namely:

1. Insular/National Prisoner – One who is sentenced to a prison term of three (3)


years and one (1) day to death.

2. Provincial Prisoner – One who is sentence to a prison term of six (6) months and
one (1) day to three (3) years. Or those detain therein waiting for preliminary
inv estigation of their case cognizable by the RTC

3. City Prisoner – One who is sentence to a prison term of one (1) day to three (3)
years. Or a fine of not more than 1.000 pesos or both or Those detain therein
whose cases are filed with the MTC or those detain therein whose cases are
cognizable by the RTC and under Preliminary inv estigation

4. Municipal Prisoner – One who is sentence to a prison term of one (1) day to six
(6) months. Those detain therein whose trial of their cases are pending with the
MTC

5. Sentenced youth offender-are sent to Regional rehabilitation centers operated


by DSW D.

CLASSIFICATION OF DETAINEES –

The three (3) types of detainees are those :

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a) Undergoing inv estigation;
b) Awaiting or undergoing trial ; and
c) Awaiting final judgment.

CLAASIFICATION OF PRISONERS ACCORDING TO DEGREE OF CUSTODY

Classification of inmates as to security risk.


1. Maximum security - This shall include highly dangerous or high security risk
inmates as determined by the Classification Board who require a high degree of
control and supervision. Under this category are;

An inmate shall be assigned to any of the following security groups:

a. those sentenced to death;


b. Those whose minimum sentence is twenty (20) years imprisonment;
c. Remand inmates or detainees whose sentence is twenty 20) years and abov e
and
d. those whose sentence are under rev iew by the Supreme Court or the
Court of Appeals;
e. Those with pending cases;
f. Recidivists, habitual delinquents and escapees;
g. those confined at the RDC
h. Those under disciplinary punishment or safekeeping;
i. Those who are criminally insane or
j. those with severe personality oremotional disorders that make them dangerous
to fellow inmates or the prison staff.

2. Medium Security- this shall include those who cannot be trusted in less -secured
areas and whose conduct or behav ior require minimum superv ision

Under this category are:

a) Those whose minimum sentence is less than twenty (20) years imprisonment,
b) Remand inmates or detainees whose sentences are below
twenty (20) years;
c) Those who are eighteen (18) years of age and below, regardless of
the case and sentence;
d) Those who hav e two (2) or more records of escapes. They can be classified as
medium security inmates if they hav e serv ed eight (8) years since they
were recommitted. Those with one (1) record of escape must serv e five (5)
years; and First offenders sentenced to life imprisonment. They may be classified
as medium security if they hav e serv ed five (5) years in a maximum security
prison or less, upon the recommendation of the Superintendent.

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e) Those who were detained in a city and/or prov incial jail shall not be
entitled to said classification.

3. Minimum security ‑ This shall include those who can be reasonably trusted to
serv e their sentences under less restricted conditions.

Under this category are.

a) those with a sev ere physical handicap as certified by the chief medical
officer of the prison;
b) those who are sixty‑ five (65) years old and abov e, without pending case
and whose conv ictions are not on appeal;
c) those who hav e serv ed one‑ half (1 /2) of their minimum sentence or
one‑ third (1/3) of their maximum sentence, excluding Good Conduct
Time Allowance (GCTA) as provided in Chapter 4, Part III hereof; and
d) Those who hav e only six (6) months more to serv e before the expiration
of their maximum sentence.

Correctional institutions are mostly diversified on the basis of degree of custody, among
which are the following:

1. Super Security Facility:

A small portion of any prison population consists of incorrigibles, recidiv ists,


escape artists, and chronic troublemakers. This category of prisoners should be
confined in a unit or institution separate from the general population. Ideally
they should be confined in a super maximum type of prison, like Alcatraz, where
escape is quite impossible.

2. The maximum Security Institution:

This type of institution is characterized by thick wall enclosures, 18 to 25 feet high.


On top of the wall are catwalks along which the guards patrol at night. At
corners and strategic places are tower posts manned by heavily armed guards.
The housing units within the walls are of the interior cell block type. Inmates
confined in this type of institution are not allowed to work outside the institutions
but are assigned to industrial shops within the prison compound.

3. The Medium Security Institution:

two layers of wire fence usually enclose this type of institution. The inner fence is
12 to 14 feet high with curb and the outer fence is 8 to 12 feet high. The two
fences are from 18 to 20 feet apart. Usually the top portion of the fence is
prov ided with barbed wire. The perimeter fence requires a minimum number of
personnel to guard it. The housing units consist of outer single cells, honor rooms,

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squad rooms and dormitories. The inmates may be allowed to work outside the
fence under guard escorts.

4. The minimum Security Institution:

This type of institution is usually without a fence, and if there is one, its purpose is
to keep away the civilian population from entering the institution rather than
prev enting escapes. There are no bars or keys to neither dor mitories nor armed
guards within the institution.

5. The Special Security Facility:

About two percent of an Unselected prison population will consist of


incorrigibles, intractable, and dangerous persons who are so difficult to manage
that they are a source of constant disturbance and difficulty even in the typical
maximum security institution.

The color of the uniform of an inmate shall be based on his security classification, as
follows:

Maximum security - Tangerine


Medium security Blue
Minimum security Brown
Detainee Gray

PRISONER AUTHORIZED TO GO OUT OF THE PRISON

A prisoner may be taken out of prison in any of the following instances.

1) For appearance in court or other government agencies.


2) For medical treatment or examination
3) For viewing the remains of relativ e

Pursuant to Executive Order No. 70 only medium and minimum security prisoners may be
allowed to view the remains of the immediate members of their families within the
second degree of consanguinity as follows:

1) Wife/Husband
2) Children
3) Brother and Sister
4) Father or Mother
5) Grandchildren
6) Grandparents

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The inmate may be allowed more or less three (3) hours to view the deceased relative in
the place where the remains lie in state but shall not be allowed to pass any other place
in transit, or to join the funeral cortege.

Distance of travel.

The privilege maybe enjoyed only if the deceased relativ e is in a place within a radius of
thirty (30) kilometers by road from the prison. W here the distance is more than thirty (30)
kilometers, the privilege may be extended if the inmate can leave and return to his
place of confinement during the daylight hours of the same day.

APPLICATION TO VIEW THE REMAINS OF A DECEASED RELATIVE SUPPORTING DOCUMENTS

A minimum or medium security inmate may, upon written application, be allowed by


the Superintendent to v iew the remains of the following relativ es upon written
application and submission of the original or certified true copies of the death
certificate, the burial permit
and the documents specified hereunder:

1. Wife or husband (marriage certificate);


2. Child (birth certificate of child and marriage certificate of the inmate);
3. Brother/sister (birth certificate of brother/sister and birth certificate of the
inmate);
4. Father/mother (birth certificate of the inmate);
5. Grandchild (birth certificate of grandchild and of the latter's parent who may
be son or daughter of the inmate);
6. Grandparent (birth certificate of the inmate and of his/her parent who is the
son/daughter of the deceased grandparent).

OUTSIDE MOVEMENT OF DEATH CONVICT

A death convict shall not be allowed to leav e his place of confinement except for
the urgent treatment or diagnosis of a life threatening or ser ious ailment, if the
diagnosis cannot be done or the treatment provided in the prison hospital.

Basis of court appearance

The court appearance of an inmate shall be based on a subpoena issued by the


court as endorsed by the Director.

EMPLOYMENT OF PRISONERS

The employment of prisoners has other v alues. Inmates who work contribute to their own
support and thereby reduce the tax burden on the free citizens who are required to
bear the expense of maintaining penal institutions.

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Work not only lessens the boredom of institutional life, but also is a means where by
inmate’s maintain or regain, their self-respect.

Female inmate

A female inmate shall only be assigned to work on jobs suitable to her age and physical
condition. She shall be superv ised only by women officers.

Old inmate
An inmate ov er sixty (60) years of age may be excused from mandatory labor.
PLACE OF WOTK ASSIGNMENT

Only medium and minimum-security inmates may be assigned to work in agricultural


field projects within a prison reservation. Maximum -security inmates shall not be allowed
to work outside the maximum security compound.

COMPENSATION CREDITS

Inmate compensation

1. Inmates who are regularly selected and assigned as administrative and


technical assistants to the various offices and facilities of the prison shall receive
regular monthly compensation at the rates approv ed by the director of
corrections or head of prison.

Example
a. Office janitor
b. Assistant clerks ,
c. Typist
d. Office messenger
e. couriers etc.

2. inmates working in prison agro industrial projects on regular ,seasonal or


contractual basis shall be paid compensation at the rates approved by the
Director of Corrections or Head of the prison bearing in mind that their
compensation is their share in the production income
3. on medium and minimum security prisoners shall be assigned to work in
agricultural fields projects .maximum security prisoners can be assigned to work
in Handicraft or indoor projects in their own compound or dormitories
4. the whole of a part of the compensation earned by any prisoners may be
forfeited and applied to the payment of supplies and equipment lost or
damaged resulting from t he prisoners misconduct or neglect.
5. Prisoners who hav e sav ings from their compensation can remit through the
assistance of prison authorities certain amounts to their relativ es.

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6. Useful employment and industrial training

a. Prison manpower shall not be allowed to be employed in any priv ate work
for the benefit of an officer or employee of the prisons
b. Employed prisoners shall not be allowed to remain in their dormitories during
working except those who are assigned to work as room orderlies or those
directed to remain by proper authority
c. Prison work shall normally be at least eight (8) hours a day except Sunday
and lega; holiday
Trust Fund.

Compensation credits earned by the inmate as provided for in the preceding section
and all monies received by him from any source shall be deposited in the Trust Fund
prov ided for the purpose.

Withdrawal of earnings

The inmate, at any time, withdraw from his compensation earnings in an amount not
exceeding one half (1 /2) of his total earnings. Howev er, in cases of urgent need and at
the discretion of the Superintendent, the whole of his earnings. Howev er, may be
withdrawn. But he may, at any time, withdraw any part or all monies received from other
sources.

Payment of trust deposit amount to released inmate. - Upon the inmate's discharge from
prison he shall be given the full balance of his deposit.

MANNER OF RELEASING INMATE

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 competent
authority

The following are authorized to order or approve the release of inmates:

1. the Supreme Court or lower courts, in cases of acquittal or grant of bail;


2. the President of the Philippines, in cases of executiv e clemency or amnesty,
3. the Board of Pardons and Parole in parole cases; and
4. the Director, upon the expiration of the sentence of the inmate.
5. An inmate shall only be released by the Superintendent with the approv al of the
Director

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Validation of identity of inmate to be released

Before an inmate is released, he shall be properly identified. His fingerprints and other
identification marks shall be v erified with those which were taken when he was admitted
in prison, and any change in his distinguishing marks since said admission.

An inmate shall not be released on the basis of authority relayed through telegram or
telephone. Inmates to be released by reason of acquittal, dismissal of the case, the filing
of bond or the payment of indemnity shall only be released upon receipt by the
Superintendent of a written order bearing the seal of the court and duly signed by the
clerk of court or by the judge thereof.

The release order shall bear the full name of the inmate, the crime charged, the number
of the case, and such other details as will enable the releasing officer to properly identify
the inmate to be released.

Release of inmate with pending criminal case


If the inmate to be released has a pending criminal case, the Director shall inform the
court where the case is pending of the inmate's discharge from prison at least thirty (30)
days before the actual date of release. In the proper case, the Director shall turn ov er
the inmate to the proper court where the inmate has a pending criminal case for
disposition.

Prohibited release of inmates before and after -election-

The Director shall not order or allow an inmate to leav e prison sixty' (60) days before and
thirty days after an election except for v alid or legal reasons.

Assistance to inmate to be released –

Upon release of the inmate, he shall be supplied by the Bureau with transportation to his
home, including a gratuity to cov er the probable cost of subsistence en route, and if
necessary, a suit of clothes.

EXECUTION OF DEATH PENALTY

The death penalty shall be executed under the authority of the Director by lethal
injection,. As used herein, lethal injection refers to sodium thiopenthotal, pancuronium
bromide, potassium chloride and such other lethal substances as may be specified by
the Director that will be administered intrav enously into the body of a conv ict until said
convict is pronounced death.

Policy –

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In the execution of the deat h penalty, the Director shall endeav or so far as possible to
mitigate the suffering of the death conv ict during the actual execution as well as the
proceedings prior thereto. He shall take steps to ensure that the lethal injection to be
administered is sufficient to cause me instantaneous death of the convict.

Holding cell.

W henever practicable, the death convict shall, twelve (12) hours prior to the scheduled
time of execution, be confined in an individual cell in a maximum security lev el facility.
The convict shall be provided therein with a bunk, a steel/wooden bed or mat, a pillow,
a blanket and a mosquito net.

Subject to the approv al of the Superintendent, a death conv ict shall, sev en (7) days
before the scheduled date of execution, be allowed dail y visits by his authorized visitors
and his attorney of record.

After the death convict is mov ed to the holding cell, he may only be v isited by members
of the clergy and other individuals granted visiting privileges by the Director.

Notification and execution of the sentence and assistance to the convict - the court shall
designate a working day for the execution of the death penalty but not the hour
thereof. Such designation shall only be communicated to the convict after sunrise of the
day of the execut ion, and the execution shall not take place until after the expiration of
at least eight (8) hours following the notification, but before sunset.

During the interv al between, and the notification and execution, the conv ict shall, as far
as possible, be furnished such assistance as he may request in order to be attended in
his last moments by a priest or minister of the religion he professes and to consult his
lawyers, as well as in order to make a will and confer with the members of his family or of
persons in charge of the management of his business, of the administration of his
property, or of the care of his descendants.

Suspension of execution of the death sentence. –

Execution by lethal injection shall not be inflicted

1. Upon pregnant woman


2. a woman within one year after delivery, nor
3. upon any person ov er sev enty (70) years of age. In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua with the
accessory penalty prov ided in article 40 of the Revised Penal Code.

Place of execution.

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The execution by lethal injection shall take place in the prison establishment and space
thereat as may be designated by the Director. Said place shall be closed to public v iew.

Execution procedure –

Details of the procedure prior to, during and after administering the lethal injection shall
be set forth in a manual to be prepared by the Director and submitted to the Secretary
for review and approv al. The manual shall contain details of, among others, the
sequence of ev ent s before and after the execution; procedures in setting up the
intrav enous line; the administration of the lethal drugs; the pronouncement or death;
and the remov al of the intravenous system,

Administering of le thal drugs. –The injection of the lethal drugs to a death convict shall
be made by a person designated by the Director.

Identity of relativ es of death convict and of person administering lethal injection - The
identity of the relatives of the death convict and the person who were designated to
administer the lethal injection shall be kept secret.

Selection and composition of media witnesses. –


The media witnesses shall be selected from among those present two (2) hours before
the scheduled execution and shall be drawn from the following sectors:

a. Two (2) from newsprint (broadsheet);


b. Two (2) from newsprint (tabloid);
c. Two (2) from TV;
d.two(2) from radio
e. two (2) from foreign press

Expulsion of witness

Any person who makes unnecessary noise or displays rude or improper behav ior during
an execution shall be expelled from the lethal injection chamber.
Non-recording of execution - The Director shall not allow the visual, sound or other
recording of the actual execution by media or by any priv ate person or group.

Time for burial –

The burial of death conv ict shall be held immediately after execution in a common
graveyard for inmates. In case the cadav er of the convict is claimed by his relativ es, his
burial shall held not later than three (3) days after his body was released
CHAPTER V11
PENAL PROVISION ON CORRECTIONS

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General Laws Governing the Administration and Management of prisons and jails in the
Philippines.

A: THE PHILIPPINE CONSTITUTION OF 1987

1. The state v alues the dignity of every human person and guarantees full respect
for human rights (sec 11,Art 11)

2. No person shall be detained solely by reason of his political beliefs and


aspiration (Sec 18 (1) Art 111)

3. No inv oluntary servitude in any form shall exist except as a punishment for a
crime whereof the party shall hav e been fully conv icted Sec (2) Ibid)

4. Excessiv e fines shall not be imposed ,nor cruel ,degrading or inhuman


punishment

5. the employment of physical ,psychological or degrading punishment against


any prisoner or the use of substandard or inadequate penal facilities under
subhuman conditions shall be death by law (Sec 19 (2) Ibid)

B: THE REVISED PENAL CODE (Act NO 3815)

ART 124; Arbitrary detention

Arbitrary detention defined

Arbitrary detention is the depriv ation by a public officer of the liberty of a person without
any legal.

When is a person considered in detention?

A person is detained when he is placed in confinement or there is restraint on his person.

Elements of the crime of arbitrary detention

1. Offender is a public officer or employee


2. He detains a person
3. Detention is without legal crime

the legal grounds for the detention of person?

1. commission of crime
2. Violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital.

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3. W hen the person to be arrest ed is an escaping prisoner.

DELAYED IN THE DELIVERY OF DETAINED PERSON TO THE PROPER AUTHORITY (Art. 125)

What are the Elements of this crime?

1. That the offender is a public officer or employee


2. That he has detained a person for some legal ground.
3. That he fails to deliv er such person to the proper judicial authorities within
a) 12 hours for offenses punishable by light penalties or their equiv alent.
b) 18 hours for offenses punishable by correctional penalties
c) 36 hours, for crimes or offenses punishable by afflictiv e or capital penalties,
or their equiv alent.

What is meant by delivery?

Delivery means the filing of correct information or complaint with the proper judicial
authorities. It does not mean physical deliv ery or turnov er of arrested person to the court.

Meaning of proper judicial authorities

A: It refers to the courts of justice or judges of said court v ested with judicial power to
order the temporary detention or confinement of a person charged with hav ing
committed a public offense.

DELAYING RELEASED (Art 126)

W hat are the punishable acts?


1. Delaying the performance of a judicial or executive order for the released of
prisoner.
2. Unduly delaying the proceeding upon any petition for the liberation of such
person.
3. Unduly delaying the proceeding upon any petition for the liberation of such
person.

What are the Elements of delaying release?

1. Offender is a public officer or employee.


2. There is judicial or executiv e order for the release of a prisoner or detention
prisoner or that there is a proceeding upon a petition for the liberation of such
person
3. Offender without good reason delays.

a) Service of the notice of such order to the prisoner or

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b) Performance of such judicial or executive order for the released of the
prisoner or
c) Proceedings upon a petition for the released of such person.

DELIVERING PRISONERS FROM JAIL (Art. 156)

W hat are the elements of this crime?

1. There is a person confined in a jail or penal establishment.


2. Offender remov es therefrom such person, or helps the scape of such person

Note: The prisoner may be under detention only or one sentence by virtue of a final
judgement. If merely a detention prisoner he is not criminally liable.

Who may be the offenders?

1) usually an outsider to the jail


2) but it may also be :
a) an employee of the penal establishment who does not have the custody of
the prisoner
b) a prisoner who helps the escape of another prisoner

Art. 157. Evasion of service of sentence.

What are the elements of this crime?

1) Offenders is a conv ict by final judgment


2) He is serving his sentence which consist in deprivation of liberty: and
3) He ev ades service of his sentence by escaping during term of his sentence

What are the forms of evasion of service of sentence?

Ev asion of service of sentence has three forms:


1) By simply leav ing or escaping from the penal establishment under article 157.
2) Failure to return within 48 hours after having left the penal establishment
because of a calamity, conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as already passed under Art. 158.
3) Violating the conditional pardon under Art.159.

Note: The term jail breaking is synonymous with ev asion of sentence

EVASION OF SERVICE OF SENTENCE ON


THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES (Art. 158)

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What are the elements of this crime?

1) Offender is a convict by final judgment, who is confined in a penal institution.


2) There is disorder, resulting from-
a) Conflagration,
b) Earthquake,
c) Explosion,
d) Similar catastrophe, or
e) Mutiny in which he has not participated;
3) Offender ev ades the service of his sentence by leav ing the penal institution
where he is confined, on the occasion of such disorder or during the mutiny;
4) Offender fails to give himself up to the authorities within 48 hours following the
issuance of a proclamation by the Chief Executive announcing the passing
away of such calamity.

What is basis of liability under Art. 158?

Liability is based on the failure to return within 48 hours after the passing of the calamity,
conflagration or mutiny had been announced and not the leav ing from the penal
establishment.

What constitutes mutiny in the second form of evasion of service of sentence?

The mutiny referred to her inv olv es subordinate personnel rising against the supervisor
within the penal establishment.

Mutiny defined

A mutiny is an organized unlawful resistance to a superior officer; Sedition; a revolt.


(People vs. Padilla, G.R. No. 121917. March 12, 1997)

Mutiny is one of the causes which may authorize a conv ict serving sentence in the
penitentiary to leav e the jail provided he has not taken part in the mutiny.

If offender fails to give himself up, he gets an increased penalty; on the other hand, if he
giv es himself up, he is entitled to a deduction of 1/5 of his sentence.

OTHER CASES OF EVASION OF SERVICE


OF SENTENCE (Art. 159)

VIOLATION OF CONDITIONAL PARDON

What are the elements of this crime?

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a) Offender was a conv ict;
b) He was granted a conditional pardon by the Chief Executive;
c) He violated any of the conditions of such pardon.

1. Offender was a conv ict;


2. He was granted a conditional pardon by the President; and
3. He violated any of the conditions of such pardon.

When can there be a violation of the conditional pardon?

W hen the condition is violated during the remaining period of the sentence. If the
condition of the pardon is violated when the remaining unserv ed portion of the
sentence has already lapsed, there will be no more criminal liability for the violation.
Howev er, the conv ict maybe required to serv e the unserved portion of the sentence,
that is, continue serving original penalty.

What is a conditional pardon?

Conditional pardon is a contract between the Chief Executive, who grants the pardon,
and the conv ict, who accepts it.

The condition imposed upon the prisoner not to be guilty of another crime is not limited
to those punishable by the RPC. It includes those punished under Special Law. (People
vs. Corral, 74 Phil. 357)

CONNIVING OR CONSENTING TO EVASION (Art 223)

a) W hat are elements of this crime? offender is a public officer


b) he had in his custody or charge a prison either detention prisoner or prisoner by
final judgment
c) such prisoner escaped from his custody
d) he was in conniv ance with the prisoner the latter escapes.

Illustration

A municipal mayor who utilized the prisoner services for domestic chores in his house
including using him as cook is liable faithlessness in the custody of prisoners even though
the conv ict may not hav e been fled in as much as the prisoner leaving the prison was
affected through him

What are the classes of prisoners involved?

a) fugitive sentenced by final judgment to a penalty

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b) fugitive held only as detention prisoners any crime or violation of law or
municipal ordinance:

Who is detention prisoners?

A person becomes a detention prisoners from the moment he is booked .this refers to
accomplishment of the booking sheet and filing of a form where he is fingerprinted .from
that time on ,he is already a detention prisoner even if he is not yet incarcerated

Note: Without conniv ance in the escape of the prisoners on the part of the person in
charge, this crime is not committed

Mere leniency or laxity in the performance of duties does not constitute infidelity.

EVASION THROUGH NEGLIGENCE (Art 224)

what are the elements of this crime?

a) offender is a public officer


b) He is charged with the conveyance or custody of a prisoner ,either detention
prisoner or prisoner by final judgment
c) Such prisoner escapes through his negligence

Note: there must have been definit e laxity amounting to deliberate non performance of
duty

Illustration

The fact that the public officer recaptured the prisoner who escaped from his custody
does not afford complete exculpation

If a policeman on guard duty blocked the door of the jail to let a detention prisoners to
go out so he can clean the premises ,but on the latter’s third trip to a nearby faucet, he
walked behind the police headquarters ,climbed ov er the wall and escape this crime is
not committed.

Mere order ,howev er to a prisoner to keep close while answering the telephone is not
sufficient precaution under the circumstances and for the escape of the prisoner ,he is
liable under this article .He should hav e locked the prisoners back in jail before
answering the telephone as there was nothing in the call necessitating preference to
accused’s official duty of locking him back in jail

What is the liability of the escaping prisoners?

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a) If the fugitiv e is serving sentence by reason of final judgment, he is liable for
ev asion of the service of sentence under art 157.
b) If the fugitiv e is only a detention prisoner he does not incur any criminal liability

ESCAPE OF PRISONERS, UNDER CUSTODY OF A PERSON NOT A PUBLIC OFFICERS (Art 225 )

What are the elements of this crime?

a) Offender is a priv ate person


b) Conv eyance or custody of a prisoners or person under arrest is confined to him
c) Offender consents to the escape of the prisoners or person under arrest ,or that
the escape takes place through his negligence.

Note: the elements of this felony are similar to that of infidelity in the custody of prisoners,
except that the offender is a priv ate person to whom the custody of a prisoner shall
hav e been confided .

Illustration

W hen such priv ate person shall accept any consideration or gift for the non
performance of a duty confided to him, bribery is committed in addition because he is
performing a public function, hence ,at that instance ,he is deemed to be a public
officer

Note: this article is not applicable if a priv ate person was the one who made the arrest
and he consented to the escape of the person arrested

MALTREATMENT OF PRISONERS (Art 235)

W hat are the elements of this crime?:

1) Offender is a public officer or employee


2) He has under his charge a prisoner or detention prisoner He maltreats such
prisoner in either of the following ways:
a) by ov erdoing himself in the correction or handling of a prisoner or detention
prisoner under his charge either
I. By the imposition of punishment not authorized by the regulations ,or
II. By inflicting such punishment in a cruel and humiliating manner
b) by maltreating such prisoner to extort a confession or to obtain some
information from prisoner

Note: to be considered as a detention prisoner the person arrested must be placed in a


jail ev en for a short time.

Maltreatment should not be due to personal grudge otherwise, liable for physical injury

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Illustration

The public officer /employee either impose punishment not authorized by the regulation
or by law or inflicted punishment /disciplinary action authorized by law in a cruel and
humiliating manner.

Thus hitting a prisoner by latigo even if the purpose is to instill discipline is not authorized
by law and constitutes v iolation of this article .On the other hand ,requiring prisoners to
dig a canal where culv ert shall be placed to prevent flooding in the prison compound is
authorized by law and does not v iolate this article .but if the public officer would order
the prisoner to do so from ,morning up to late in the ev ening without any food ,then this
article is inv olved ,as he inflicted such authorized punishment in cruel and humiliating
manner.

Who may be liable for maltreatment of prisoner?

it is committed only by such public officer charged with direct custody of the prisoner.

If the public officer who maltreated the prisoner is not charged with the custody of such
prisoner ,what crime is he responsible for?

the public officer is liable for physical injuries.

What is meant by under his charge?

Under his charge means actual charge

When a person is maltreated by a public officer who has actual charge of prisoners, How
many crimes may be committed?

Two crimes are committed ,namely maltreatment under Art 235 and physical injuries,
Maltreatment and physical injuries may not be complexed because the law specified
that the penalty for maltreatment shall be in addition to his liability for the physical
injuries or damages caused.

Q: Suppose the person, maltreated is not a conv ict or a detention pri soner, what crime/s
is/ are committed
A: The crime committed would either be coercion or physical injuries .coercion if the
person not yet confined in jail is maltreated to extort a confession .Physical injuries ,if the
person maltreated has already been arrested but is not yet booked in the office of the
police and put in jail

Illustration

88
If a barangay captain maltreats a person after the latter’s arrest but before confinement
the offense is not maltreatment but physical injuries .the victim must actually be
confined either as a conv ict or detention prisoner (People v s. Baring et al 37 O.G.1366

If the purpose of the maltreatment is to extort a confession or to obtain some information


from the prisoner, the felony becomes qualified.

Special time allowance

1) Special time allowance for loyalty of prisoner- refers to the deduction 1/5 of the
period of sentence of a prisoner who, having ev aded the service of sentence
during the calamity or catastrope

Mentioned in art 158 of the RPC ,giv es himself up to the authorities within 48
hours following the issuance of the proclamation by the president announcing
the passing away of the calamity or catastrophe (Art 98 RPC)

Good conduct time allowance

Credit earned by an inmate which reduces the duration of his incarceration .it also refers
to time subtracted from a sentence by prison authorities for good behav ior and for other
reasons.

Who may grant GCTA

The director of prison may grant GCTA to inmate who display good behav ior and who
has no record of breach of discipline or violations of prison rules and regulation

whenev er lawfully justified ,the director of prison shall grant allowances for good
conduct ,such allowances once granted shall not be revoked.

What are the effects of GCTA

The good conduct or behav ior of an inmate shall entitle him to the
Following deductions from the period of his sentence:

a) during the first two years of his imprisonment ,he shall be allowed a deduction of
fiv e 5 days for each month of good behav ior.
b) During the third to fifth year, of good behavior he shall be allowed a deduction
of eight 8 days for each month of good behav ior
c) During the following years until the tenth year inclusiv e of his imprisonment ,he
shall be allowed a deduction of ten (10) days for each month of good behav ior
d) During the eleventh and successiv e years of his imprisonment ,he shall be
allowed a deduction of 15 days for each month of good behav ior

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GCTA of detainee life termer

A detainee shall only be granted GCTA if he v oluntary offers in writing to perform such
labor as may be assigned to him .in such case ,the credit he may receive shall be from
sentence as may be imposed upon him if he is convicted An inmate sentenced to life
imprisonment shall not be granted GCTA while his sentence is on appeal

Revocation/restoration of GCTA

GCTA once granted shall not be rev oked without just cause .GCTA ,which an inmate is
depriv e of because of misconduct ,may be restored at the discretion of the Director
upon recommendation of the Superintendent

Causes of total extinction of criminal liability

1) Death of conv ict


2) Service of sentence
3) Amnesty
4) Absolute pardon
5) Prescription of penalty
6) Prescription of crime
7) Marriage of offended woman under article 344 ,RPC

Causes of partial extinction of criminal liability

1) Conditional pardon
2) Commutation of sentence
3) Good conduct allowance during confinement
4) Parole
5) probation

Prescriptive period of penalty under article 92 of the RP C


1) Death reclusion perpetua- 20 years
2) Other afflictiv e penalty- 15 years
3) Correctional penalties – 10 years except for the penalty of arresto mayor which
prescribe in 5 years
4) Light penalties 1 year

How to compute prescription of penalties

A period of prescription commences to run from the date when the culprit ev aded the
service of his sentence It is interrupted

1) giv es himself up to the authorities.


2) when he is captured

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3) goes to foreign country with which we hav e no extradition treaty
4) Commit any crime before the expiration of the period of prescription

Prescriptive period of crimes under art 90 of the RPC

1) Death ,reclusion perpetua, reclusion temporal – 20 year


2) Other afflictiv e penalties-15 years
3) Correctional penalties 10 years except those punishable by arresto mayor
,which shall prescribe in 5 years
4) Crime of libel -1 year
5) Oral defamation and slander by deed 6 months
6) Light offense -2 months

Crimes punishable by fine


a) If fine is afflictive - 15 years.
b) If it is correctional -10 years
c) If it s light - 2 months

Period of offenses prescriptive punished under SPL and Municipal ordinance


Act no 3763 ,amending act no 3326 provides

1) Offenses punishable only by fine or by imprisonment for not more than one
month, or both prescribe after 1 year
2) Offenses punishable by imprisonment for more than one month ,but less than
two years – prescribe after 4 years
3) Offenses punishable by imprisonment for two years or more but less than six
years –after 8 years.
4) Offenses punishable by imprisonment for six years or more –after 12 years
5) Offenses under internal revenue law –after 5 years.
6) Violation of municipal ordinance after 2 months
7) violation of regulation or condition of certificate of conv enience by the DOTC

C: THE SPECIAL LAWS

6. R.A. 7659- An act to impose death penalty on certain heinous crime ,amending
for that purpose the Rev ised Penal laws ,as amended ,other special Penal laws
,and for other Purposes.

7. RA. 8177- an act designating death by lethal injection as the method of carrying
out capital punishment amending for the purpose Article 81 of the Rev ised
Penal Code , as amended by section 24 of the Republic act No 7659.

8. RA. 9346- An act prohibiting the imposition of death Penalty in the Philippines

91
9. RA. 6975- is an act establishing the Philippine National Police (PNP) under the
reorganize
Department of Interior and Local gov ernment and for other purposes .it is known as the
DILG act of 1990.

10. RA. 9263- Bureau of fire protection and Bureau of jail Management and
Penology ,Professionalization act of 2004
11. ACT 4221- the first adult probation in the Philippines
12. PD 968- this decree shall be known as the Probation law of 1976 it shall apply to
all adult offenders except those entitled to the benefits under prov ision of PD
No. 603.

13. PD 603 – the code shall be known as the Child and Youth Welfare Code .it shall
apply to persons below twenty one years of age except those emancipated in
accordance with law ,child or minor or youth as used in this code ,shall refer to
such person and Parole for all persons convicted of certain crimes by the courts
of the Philippine islands ,to create a board of indeterminate sentence and to
prov ide funds therfor and for other purposes

14. Act 4103- an act to provide for indeterminate sentence law and Parole for all
persons conv icted of certain crimes by the courts of the Philippine islands ,to
create a board of indeterminate sentence and to provide funds therefor and
for other purposes

15. The Revised Penal Code – amended article 80 of the code by raising the age
of minority to under 21 of age at the time of the commission of the offense.

16. RA.6036- known as the Release on Recognizance law prov iders for the
release of offender charged with an offense whose penalty is not more than
six (6) months and /or a fine of P2.000.00 or both to the custody of a
responsible person in the community ,inst ead of a bail bond.

17. Prison law known as the Revised Administrative Code particularly Articles 1706
-1727 of as amended

18. BP 85 Authorize the released of a detainee who has undergone prev entive
imprisonment equiv alent to the maximum imposable sentence for the offense
he is charge.

CHAPTER V111
REPUBLIC ACT NO. 10575
AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND PROVIDING
FUNDS THEREFOR

Section 1. Short Title. This Act shall be known as "The Bureau of Corrections Act of 2013"

92
Section 2. Declaration of Policy.

It is the policy of the State to promote the general welfare and safeguard the basic
rights of ev ery prisoner incarcerated in our national penitentiary. It also recognizes the
responsibility of the State to strengthen gov ernment capability aimed towards the
institutionalization of highly efficient and competent correctional serv ices.

Towards this end, the State shall provide for the modernization, professionalization and
restructuring of the Bureau of Corrections (BuCor) by upgradi ng its facilities, increasing
the number of its personnel, upgrading the lev el of qualifications of their personnel
and standardizing their base pay, retirement and other benefits, making it at par with
that of the Bureau of Jail Management and Penology (BJMP).

Section 3. Definition of Terms.

(a) Safekeeping, which is the custodial component of the BuCor's present corrections
system, shall refer to the act that ensures the public (including families of inmates and
their v ictims) that national inmates are provided with their basic needs, completely
incapacitated from further committing criminal acts, and hav e been totally cut off
from their criminal networks (or contacts in the free society) while serving sentence
inside the premises of the national penitentiary. This act also includes protection
against illegal organized armed groups which hav e the capacity of launching an
attack on any prison camp of the national penitentiary to rescue their convicted
comrade or to forcibly amass firearms issued to prison guards.

(b) Reformation, which is the rehabilitation component of the BuCor's present


corrections system, shall refer to the acts which ensure the public (including families of
inmates and their victims) that released national inmates are no longer harmful to the
community by becoming reformed individuals prepared to liv e a normal and
productiv e life upon reintegration to the mainstream society.

Section 4. The Mandates of the Bureau of Corrections.

The BuCor shall be in charge of safekeeping and instituting reformation programs to


national inmates sentenced to more than three (3) years.

(a) Safekeeping of National Inmates The safekeeping of inmates shall include decent
prov ision of quarters, food, water and clothing in compliance with established United
Nations standards. The security of the inmates shall be undertaken by the Custodial
Force consisting of Corrections Officers with a ranking system and salary grades similar
to its counterpart in the BJMP.

(b) Reformation of National Inmates The reformation programs, which will be instituted
by the BuCor for the inmates, shall be the foll owing

93
1) Moral and Spiritual Program;
2) Education and Training Program;
3) Work and Liv elihood Program
4) Sports and Recreation Program
5) Health and W elfare Program; and
6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional Reformation


Personnel consisting of Corrections Technical Officers with ranking system and salary
grades similar to Corrections Officers.

(1) Corrections Technical Officers are personnel employed in the implementation of


reformation programs and those personnel whose nature of work requires proximate or
direct contact with inmates.

(2) Corrections Technical Officers include priests, ev angelists, pastors, teachers,


instructors, professors, v ocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, therapists,
psychologists, psychiatrists, sociologists, social workers, engineers, electricians,
agriculturists, veterinarians, lawyers and similar professional skills relev ant to the
implementation of inmate reformation programs.

Section 5. Operations of the Bureau of Corrections.

(a) The BuCor shall operate with a directorial structure. It shall undertake reception of
inmates through its Directorate for Reception and Diagnostics (DRD), formerly
Reception and Diagnostic Center (RDC), provide basic needs and security through its
Security and Operations Directorates, administer reformation programs through its
Reformation Directorates, and prepare inmates for reintegration to mainstream society
through its Directorate for External Relations (DER), formerly External Relations Division
(ERD).

(b) The DRD shall be responsible for the conduct of classification of each and ev ery
inmate admitted to the BuCor. Inmates shall be classified according to security risk
and sentence. Included in the classification is determining inmate's certain skills or
talents, physical, spiritual, social, mental and psychological ev aluation and other
behav ioral assessments, as reference of the DRD in the preparation of individual
inmate reformation programs.

(c) Aside from those borne of the provisions under Rule 8, Part I, Rules of General
Application of the United Nations Standard Minimum Rules for the Treatment of
Prisoners and that of the existing regulation of the BuCor on security classification (i.e.
maximum, medium and minimum security risk), inmates shall also be internally
classified by the DRD and segregated according to crimes committed based on the

94
related penal codes such as Crimes Against Persons, Crimes Against Properties, Crimes
Against Chastity, so on and so forth, as well as by other related Special Laws, Custom
and Immigration Laws.

(d) From the DRD, the Custodial Force and Reformation Personnel of respective
security institutions/camps shall be in charge for the security and the implementation
of the recommended inmate reformation program of each and ev er y inmate while
serving sentence, respectiv ely.

(e) The Directorate for External Relations (DER) shall be responsible for pre -release and
post-release programs of inmates due for release. The DER shall also classify inmates
according to skills acquired for referral and endorsement to appropriate companies or
corporations participating in the BuCor On-The-Job Training Programs for newly
reformed inmates. The DER shall also ev aluate, classify and apply necessary programs
to inmates for readiness to join the mainstream society upon release.

(f) Apart from handling inmates, the BuCor shall administratively operate like a
standard gov ernment agency through its Administrativ e Directorates with internal
control and internal audit units.

(g) The BuCor shall employ full computerization in the build-up, maintenance and
transmittal of necessary inmate records to all its Prison and Penal Farms and other
recipient agencies (i.e. Board of Pardons and Parole).

Section 6. Lands of the Bureau of Corrections.

(a) Aside from administrativ e purposes, all BuCor lands shall be used for inmate
security, reformation programs and as a means to promote sustainability, both for
income and non-income generating programs, with or without partnership among
nongov ernment organizations, civic organizations or other government entities.

(b) As a way to maximize its assets' v alue for the effective and extensive reformation
(corrections) programs for national inmates, the BuCor shall hav e the absolute
authority to design, formulate and implement land-use dev elopment plans and
policies.

(c) The BuCor may propose additional penal farms as may be necessary as possible,
aside from its existing seven (7) prison and penal farms to decongest existing penal
institutions and accommodate the increasing number of inmates committed to the
agency.

(d) All BuCor lands shall hav e a Certificate of Title registered under its name.

95
Section 7. Facilities of the Bureau of Corrections. The BuCor shall operate with standard
and uniform design of prison facilities, reformation facilities and administrative facilities,
through all the operating prison and penal farms, such as the foll owing

a) Dormitory;
b) Administration building;
c) Perimeter/Security fences;
d) Hospital/Infirmary;
e) Recreation/Multipurpose hall;
f) Training/Lecture center;
g) Workshop facility
h) Mess hall/kitchen
i) Visiting area;
j) W ater tank and pump
k) Reception and diagnostic center; and
l) Service personnel facilities.

Section 8. Supervision of the Bureau of Corrections. The Department of Justice (DOJ),


hav ing the BuCor as a line bureau and a constituent unit, shall maintain a relationship
of administrativ e supervision with the latter as defined under Section 38(2), Chapter 7,
Book IV of Executiv e Order No. 292 (Administrative Code of 1987), except that the DOJ
shall retain authority ov er the power to review, reverse, rev ise or modify the decisions
of the BuCor in the exercise of its regulatory or quasi -judicial functions.

Section 9. Organization and Key Positions of the Bureau of Corrections.

(a) The BuCor shall be headed by a Director who shall be assisted by three (3) Deputy
Directors: one (1) for administration, one (1) for security and operations and one (1) for
reformation, all of whom shall be appointed by the President upon the
recommendation of the Secretary of the DOJ: Provided, That the Director and the
Deputy Directors of the BuCor shall serv e a tour of duty not to exceed six (6) years from
the date of appointment: Provided, further, That i n times of war or other national
emergency declared by Congress, the President may extend such tour of duty.

(b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and
title of Director General of Corrections. The second officers in command of the BuCor,
with the rank of Assistant Secretary, shall have the position and title of Deputy Directors
of Corrections. The third officer in command of the BuCor, with the rank of Chief
Superintendent, shall hav e the position and title of Corrections Chief Superintendent.
The fourth officer in command of the BuCor, with the rank of Senior Superintendent,
shall hav e the position and title of Corrections Senior Superintendent. The fifth officer in
command of the BuCor, with the rank of Superi ntendent, shall hav e the position and
title of Corrections Superintendent.

96
(c) The Department of Budget and Management (DBM) shall rationalize the existing
organizational structure and staffing pattern of the BuCor in accordance with the
prov isions of this Act and relev ant compensation and position classification laws, rules
and regulations.

Section 10. Increase of Personnel. The BuCor shall maintain the custodial personnel-to-
inmate ratio of 1:7 and reformation personnel -to-inmate ratio of 1:24. Hence, it is
authorized to increase its manpower to meet such ratio and may continue to increase
personnel per percentage rate increase of committed inmates annually or as the
need arises.

Section 11. Professionalization and Upgrading of Qualification Standards in the


Appointment of the BuCor Personnel.

(a) No person shall be appointed as personnel of the BuCor unless one possesses the
following minimum qualifications:
1) A citizen of the Republic of the Philippines;
2) A person of good moral character;
3) Must hav e passed the psychiatric/psychological, drug and physical test for
the purpose of determining his/her physical and mental health;
4) Must possess a baccalaureate degree from a recognized learning institution;
5) Must possess the appropriate civil service eligibility;
6) Must not hav e been dishonorably discharged or dismissed for cause from
prev ious employment
7) Must not hav e been convicted by final judgment of an offense or crime
inv olving moral turpitude; and
8) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for
male, and one meter and fifty-sev en centimeters (1.57 m.) for female:
Prov ided, That a waiv er for height and age requirement/s may be granted to
applicants belonging to the cultural communities:Provided, further, That a
new applicant must not be less than twenty-one (21) or more than forty (40)
years of age. Except for this particular provision, the abov e-enumerated
qualifications shall be continuing in character and an absence of any one of
them at any giv en time shall be ground for separation or retirement from the
service: Provided, furthermore, That those who are already in the service upon
the effectivity of this Act shall be giv en fiv e (5) years from the date of such
effectivity to obtain the minimum educational qualification and eligibility with
subsidiary assistance as provided for in this Act.

(b) After the lapse of the period for the satisfaction of a specific requirement,
incumbent personnel of the BuCor who fail to satisfy any of the requirements
enumerated under this section shall be separated from the service if they are
below fifty (50) years of age and hav e served in the government for less than
twenty (20) years, or retired if they are fifty (50) years and abov e and hav e served

97
in the gov ernment for at least twenty (20) years without prejudice in either case to
the payment of benefits they may be entitled to under exi sting laws.

(c) For sustained professionalism in the service, the BuCor is directed to conduct study
for the feasible establishment of the Philippine Corrections Academy, patterned after
the Philippine National Police Academy (PNPA) of the Philippine Nati onal Police (PNP)
and the Philippine Military Academy (PMA) of the Armed Forces of Philippines (AFP) for
its commissioned officers.

(d) The BuCor shall continue training its personnel through its Personnel Training School,
which shall be renamed as Corrections Training School/Institute patterned after the
BJMP's Jail National Training Institute (JNTI), the Bureau of Fire's Fire National Training
Institute (FNTI) and the PNP's National Training Institute (PNTI).

Section 12. Appointment of Personnel to the BuCor. The appointment of the BuCor shall
be effected in the following manner:

a) Corrections Officer I to Corrections Chief Superintendent Appointed by the


Director General of Corrections, and attested by the Civil Service Commission
(CSC); and

b) Director General of Corrections and Deputy Director of Corrections Appointed


by the President upon the recommendation of the Secretary of the DOJ, with
the proper endorsement by the Chairman of the CSC.

Section 13. Lateral Entry o f Officer into the BuCor. I n general, all original appointments
of officers in the BuCor shall commence with the rank of Corrections Inspector wherein
applicants for lateral entry into the BuCor shall include all those with highly specialized
and technical qualifications such as, but not l imited to, civil engineers, mechanical
engineers, electrical engineers, chemical engineers, chemists, architects,
criminologists, certified public accountants, nurses, physical therapists, dentists, social
workers, psychologists, sociologists, guidance counselors and teachers. Doctors of
Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank
of Corrections Senior Inspector in their particular technical service.

Section 14. Professionalization and Upgrading of Qualification Sta ndards in the


Designation of Personnel of the BuCor to Key Positions.

(a) No person shall be designated to the following key positions of the BuCor unless
one has met the qualifications provided therein:

(1) Sub-Colony Supervisor Should hav e the rank of Senior Inspector, who must hav e
finished at least-second year Bachelor of Laws or earned at least twelve (12) units in a
master's degree program in management, public administration, public safety,
criminology, penology, sociology, national security admini stration, defense studies or

98
other related disciplines from a recognized institution of learning, and must hav e
satisfactorily passed the necessary training or career courses for such position as may
be established by the BuCor

(2) Colony Assistant Superintendent Should have the rank of Chief Inspector, who must
hav e finished at least second year Bachelor of Laws or earned at least twenty-four (24)
units in a master's degree program in management, public administration, public
safety, criminology, penology, sociology, national security administration, defense
studies or other related disciplines from a recognized institution of learning, and must
hav e satisfactorily passed the necessary training or career courses for such position as
may be established by the BuCor;

(3) Colony Superintendent Should hav e the rank of Superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology, national securit y
administration, defense studies or other related disciplines from a recognized institution
of learning, and must have satisfactorily passed the necessary training or career
courses for such position as may be established by the BuCor: Provided, That in prison
and penal farms with an inmate population of two thousand (2,000) but below three
thousand (3,000), the Colony Superintendent shall hav e the rank and qualification of a
Colony Senior Superintendent; and

(4) Regional Superintendent Should hav e the rank of Senior Superintendent or Chief
Superintendent, who must be a graduate of Bachelor of Laws or a holder of a master's
degree in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or other related disciplines
from a recognized institution of learning, and must have satisfactorily passed the
necessary training or career courses for such position as may be established by the
BuCor:

Prov ided, That in prison and penal farms with an inmate population of three thousand
(3,000) but below five thousand (5,000), the Regional Superintendent shall hav e the
rank and qualification of a Colony Senior Superintendent: Provided, further, That in
prison and penal farms with an inmate population of ov er fiv e thousand (5,000), the
Regional Superintendent shall hav e the rank and qualification of a Chief
Superintendent.

Any personnel of the BuCor who is currently occupying such position but lacks any of
the qualifications mentioned therein shall be given five (5) years to comply with the
requirements; otherwise, the personnel shall be reliev ed from the position.

Section 15. Professionalization and Qualifications Upgrading Program.

The DOJ shall design and establish a professionalization and qualifications upgrading
program for personnel of the BuCor, in coordination with the CSC and the Commission

99
on Higher Education (CHED), through an off-campus education program or other
similar programs within ninety (90) days from the effectivity of this Act.

Section 16. Attrition System for the Personnel of the BuCor.

There shall be established a system of attrition for the personnel of the BuCor within
fiv e (5) years from the effectivity of this Act, to be submitted by the said bureau to the
DOJ for approv al. Such attrition system shall include, but is not limited to, the provision
of the following principles:

(a) Attrition by Demotion in Position or Rank Any personnel of the BuCor who i s relieved
and assigned to a position lower than what is established for the grade in the
respectiv e staffing pattern, and who shall not be assigned to a position commensurate
to one's grade within two (2) years after such demotion in position shall be separated
or retired from the service;

(b) Attrition by Non-Promotion Any personnel of the BuCor who has not been
promoted for a continuous period often (10) years shall be separated or retired from
the service, except for those who are occupying a third level position;
(c) Attrition by Other Means Any personnel of the BuCor with at least fiv e (5) years of
accumulated active serv ice shall be separated from the service based on any of the
following factors:

(1) Inefficiency based on poor performance during the last two (2) successive
semestral rating periods;

(2) Inefficiency based on poor performance for three (3) cumulative semestral rating
periods;

(3) Physical and/or mental incapacity to perform one's duties and functions; or

(4) Failure to complete the required career courses and/or appropriate civil service
eligibility for his/her position except for justifiable cause or reason; and

(d) Separation or Retirement from the BuCor under this Section Any personnel who is
dismissed from the BuCor pursuant to the abov e-enumerated principles in this section
shall be separated if one has rendered less than twenty (20) years of service, and be
retired if one has rendered at least twenty (20) years of service unless the concerned
personnel is disqualified by law t o receiv e such benefits.

Section 17. Promotion System for the Personnel of the BuCor.

Within six (6) months after the effectivity of this Act, the BuCor shall establish a system
of promotion for the personnel of the BuCor through the following princ iples:

100
(a) Rationalized Promotion System The system of promotion shall be based on merit
and on the av ailability of v acant ranks in the BuCor staffing pattern. Such system shall
be gender-fair so as to ensure that women personnel of the BuCor shall enjoy equal
opportunity for promotion as to men;

(b) Requirements for Promotion

(1) Any personnel of the BuCor shall not be eligible for promotion to a higher rank
unless one has met the minimum qualification standards or the appropriate civil
service eligibility set by the CSC, and has satisfactorily passed the required
psychiatric/psychological, drug and physical test; and

(2) Any personnel of the BuCor who has exhibited acts of conspicuous courage and
gallantry at the risk of one's life abov e and beyond the call of duty, or selected as
such in a nationwide search conducted by any accredited civic organization, shall be
promoted to the next higher rank: Prov ided, That these shall be v alidated by the DOJ
and the CSC based on established criteria.

Section 18. Performance Evaluation System.

(a) There shall be established a performance ev aluation system which shall be


administered in accordance with the rules, regulations and standards, and a code of
conduct for the personnel of the BuCor to be promulgated by the BuCor through the
DOJ. Such performance ev aluation system shall be administered in such a way as to
foster the improvement of the individual efficiency and behavioral discipline, as well
as the promotion of organizational effectiv eness and commitment to public service.

(b) The rating system as contemplated herein shall be based on standards prescribed
by the BuCor through the DOJ and shall be considered the result of the annual
psychiatric/psychological and physical test conducted on the personnel of the BuCor.

Section 19. Standardization of the Base Pay and Other Benefits of the Uniformed
Personnel of the BuCor.

In order to enhance the general welfare, commitment to service and professionalism,


the following are considered uniformed personnel of the BuCor:

CUSTODIAL RANK REFORMATION RANK


Correction chief
superintendent
Correction senior Correction technical
Superintendent Senior superintendent
Correction Correction technical
superintendent superintendent
Correction chief Correction technical

101
inspector chief inspector
Correction senior Correction technical
inspector senior inspector
Correction inspector Correction technical
inspector
Correction senior officer Correction technical
1V senior officer 1V
Correction senior officer Corrections technical
111 senior officer 111
Corrections senior Corrections technical
officer 11 senior officer 11
Corrections senior Corrections technical
officer 1 senior officer 1
Corrections officer 111 Corrections technical
officer 111
Correction officers 11 Correction technical
officer 11
Correction officers 1 Correction technical
officer 1

The DBM shall determine the equiv alent rank of the uniformed personnel of the BuCor
patterned after the existing ranks of the military and uniformed personnel of other
departments.
The base pay, allowances and other benefits of the abov ementioned personnel shall
be in accordance with the existing compensation and position classification laws and
regulations.

Section 20. Retirement Benefits. Upon compulsory retirement, any custodial officer from
the rank of Corrections Chief Superintendent and below shall be entitled to retirement
benefits computed on the basis of one grade higher than the position last held:
Prov ided, That the retirement pay shall be subject to adjustment/s based on the
prev ailing scale of base pay of the uniformed personnel in the activ e service.

Section 21. Funding Source. The funds required for the implementation of this Act
including personnel benefits shall be taken from the budget of the BuCor for the
current fiscal year and also from the following

a) Collections from clearances and certification fees;


b) Income from institutional projects subject to memoranda of agreements
(MOAs), contracts or joint v enture agreements; and
c) Other miscellaneous incomes (outside MOAs and contracts), such as:
1) Penal farm agro-production; and
2) Inmate handicraft industry.
Thereafter, such amounts as may be necessary to implement this Act shall be
included in the annual General Appropriations Act.

102
Section 22. Implementation. The implementation of this Act shall be undertaken in
staggered phases, but not to exceed fiv e (5) years, taking into consideration the
financial position of the national gov ernment: Provided, That any partial
implementation shall be uniform and proportionate for all ranks.

Section 23. Implementing Rules and Regulations. The DOJ, in coordination with the
BuCor, the CSC, the DBM and the Department of Finance (DOF), shall, within ninety
(90) days from the effectivity of this Act, promulgate the rules and regulations
necessary to implement t he provisions of this Act.

Section 24. Transitory Provisions.

a) The incumbent Director and two (2) incumbent Assistant Directors shall serve
under the terms for which they hav e been appointed without need of new
appointments upon the enactment of this Act.

b) All incumbent personnel who, upon the effectivity of this Act, shall opt to early
or optionally retire from the service will be entitled to the retirement benefits
computed as follows:

Age Age Basis for Computing


Benefits

57 62
58 63
59 64
60. 65

c. All incumbent personnel, upon the effectivity of this Act, may continue to
render services until one reaches the compulsory age of retirement for public
officers of sixty-five (65). Those who shall be newly hired will hav e a compulsory
age retirement of fifty-six (56) years pursuant to the prev ailing provisions on
retirement age of those who are in the uniformed services.

Section 25. Annual Report. The BuCor, through the DOJ and the DBM, shall jointly
submit to the President of the Senate and the Speaker of the House of Representativ es
an annual report on the implementation of this Act. This report shall include
information on the application of the budget for the salary and other benefits
prov ided under this Act. The DBM, in consultation with the BuCor through the DOJ,
shall periodically review and adjust every five (5) years the rates of base pay, taking
into consideration labor productivity, consumer price index, oil price and other similar
economic indicators as may be determined by the National Economic and
Dev elopment Authority (NEDA)

103
Section 26. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the v alidity and effectivity of the other
prov isions not affected thereby.

Section 27. Repealing Clause. All laws, decrees, orders, rules and regulations and other
issuances, or parts thereof, which are inconsistent with the prov isions of this Act are
hereby deemed repealed, amended or modified accordingly.

Section 28. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved:

(Sgd.) JUAN PONCE ENRILE


President of the Senate
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 6887 and Senate Bill No. 3335 was
finally passed by the House of Representativ es and the Senate on February 5, 2013
and February 6, 2013, respectiv ely.

(Sgd.) EDW IN B. BELLEN


Acting Senate Secretar
Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representativ es
Approv ed: May 24, 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Republic of the Philippines


Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two
thousand twelve

CHAPTER 1X
[REPUBLIC ACT NO. 10592]
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

104
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the Rev ised
Penal Code, is hereby further amended to read as follows:

ART. 29. Period of preventive imprisonment deducted from term of imprisonment. –


Offenders or accused who hav e undergone prev entiv e imprisonment shall be
credited in the service of their sentence consisting of depriv ation of liberty, with the full
time during which they hav e undergone prev entiv e imprisonment if the detention
prisoner agrees v oluntarily in writing after being informed of the effects thereof and
with the assistance of counsel to abide by the same disciplinary rules imposed upon
convicted prisoners, except in the following cases:

1) W hen they are recidiv ists, or hav e been convicted previously twice or more
times of any crime; and
2) W hen upon being summoned for the execution of their sentence they hav e
failed to surrender v oluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone prev entive imprisonment.
“Credit for prev entive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.“ W henev er an accused has undergone prev entive
imprisonment for a period equal to the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under rev iew.

Computation of preventive imprisonment for purposes of immediate release under this


paragraph shall be the actual period of detention with good conduct time
allowance: Provided, howev er, That if the accused is absent without justifiable cause
at any stage of the trial, the court may motu proprio order the re arrest of the
accused: Provided, finally, That recidivists, habitual delinquents, escapees and pers ons
charged with heinous crimes are excluded from the coverage of this Act. In case the
maximum penalty to which t he accused may be sentenced is destierro, he shall be
released after thirty (30) days of prev entive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:

ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:

1) By conditional pardon;
2) By commutation of the sentence; and

105
3) For good conduct allowances which the cul prit may earn while he is
undergoing preventiv e imprisonment or serving his sentence.”

SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:

“ART. 97. Allowance for good conduct. – The good conduct of any offender qualified
for credit for preventiv e imprisonment pursuant to Article 29 of this Code, or of any
convicted prisoner in any penal institution, rehabilitation or detention center or any
other local jail shall entitle him to the following deductions from the period of his
sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behav ior during detention;

“2. During the third to the fifth year, inclusiv e, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behav ior during detention;

“3. During the following years until the tenth year, inclusive, of his imprisonment, he
shall be allowed a deduction of twenty-five days for each month of good behav ior
during detention;

“4. During the elev enth and successiv e years of his imprisonment, he shall be allowed
a deduction of thirty days for each month of good behav ior during detention; and
“5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each month
of study, teaching or mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to the abov e
allowances for good conduct.”

SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of
his sentence shall be granted to any prisoner who, having ev aded his prev entive
imprisonment or the service of his sentence under the circumstances mentioned in
Article 158 of this Code, giv es himself up to the authorities within 48 hours following the
issuance of a proclamation announcing the passing away of the calamity or
catastrophe referred to in said article. A deduction of two-fifths of the period of his
sentence shall be granted in case said prisoner chose to stay in the place of his
confinement notwithstanding the existence of a calamity or catastrophe enumerated
in Article 158 of this Code.

“This Article shall apply to any prisoner whether undergoing preventive imprisonment
or serving sentence.”
SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”

106
“ART. 99. Who grants time allowances. – W henev er lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology
and/or the W arden of a provincial, district, municipal or city jail shall grant allowances
for good conduct. Such allowances once granted shall not be revoked.”

SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby
mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred
thousand pesos (P100,000.00) and perpetual disqualification to hol d office shall be
imposed against any public officer or employee who violates the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department of


Justice (DOJ) and the Secretary of the Department of the Interior and Local
Gov ernment (DILG) shall within sixty (60) days from the approv al of this Act,
promulgate rules and regulations on the classification system for good conduct and
time allowances, as may be necessary, to implement the provisions of this Act.

SEC. 8. Separability Clause. – If any part hereof is held inv alid or unconstitutional, the
remainder of the provisions not otherwise affected shall remain v alid and subsisting.

SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executiv e order ,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby
repealed, modified or amended accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general
circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.


Speaker of the House
of Representativ es

(Sgd.) JUAN PONCE ENRILE


President of the Senate

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was
finally passed by the Senate and the House of Representativ es on Nov ember 5, 2012
and January 28, 2013, respectively.

(Sgd.) MARILYN B. BARUA-YAP


Secretary General
House of Representativ es

107
Sgd.) EDW IN B. BELLEN
Acting Senate Secretary

Approv ed: MAY 29 2013


(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Republic of the Philippines


CONGRESS OF THE PHILIPPINES
Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two
thousand elev en.

108
CHAPTER X
REPUBLIC ACT NO. 10159 April 10, 2012
AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

Section 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read
as follows:

"Art. 39. Subsidiary Penalty. If the convict has no property with which to meet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the time of the rendition of
judgment of conviction by the trial court, subject to the following rules:
"1. If the principal penalty imposed be prision correctional or arresto and fine, he shall
remain under confinement until his fine referred in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one year, and no fraction or
part of a day shall be counted against the prisoner.

"2. W hen the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed six months, if the culprit shall hav e been prosecuted for a grav e or
less grave felony, and shall not exceed fifteen days, if for a fight felony.

"3. W hen the principal penalty imposed is higher than prision correctional, no
subsidiary imprisonment shall be imposed upon the culprit.

"4. If the principal penalty imposed is not to be executed by confinement in a penal


institution, but such penalty is of fixed duration, the conv ict, during the period of time
established in the preceding rules, shall continue to suffer the same depriv ations as
those of which the principal penalty consists.

109
"5. The subsidiary personal liability which the conv ict may have suffered by reason of
his insolvency shall not reliev e him from the fine in case his financial circumstances
should improv e." (As amended by Republic Act No. 5465, which lapsed into law on
April 21, 1969.)

Sec. 2. Separability Clause. If any prov ision or part hereof is held inv alid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain v alid and subsisting.

Sec. 3. Repealing Clause. All laws, presidential decrees or issuances, executive orders,
letters of instruction, administrativ e orders or rules and regulations which may be
inconsistent with this Act shall be deemed repealed, amended or modified
accordingly.

Sec. 4. Effectivity. This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in two (2) newspapers of general circulation.

Approv ed:

(Sgd.) FELICIANO BELMONTE JR.


Speaker of the House of Representatives (Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2808 and House Bill No. 600 was
finally passed by the Senate and the House of Representativ es on May 23, 2011 and
January 30, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP


Secretary General
House of Representativ es (Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approv ed: April 10, 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

110
CHAPTER 1
NON INSTITUTIONAL CORRECTION

Advantage of community based correction.

1. Family members need not be v ictims also for the incarceration of a member
because the convict can still continue to support his family ,not to be far away
from his children.
2. Rehabilitation will be more effectiv e as the convict will not be exposed to
hardened criminals in prison who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can be
made and be more effectiv e.

The Philippine Correctional System has two (2) approaches in treating criminal of fenders

1: Community based treatment-

A Conv icted person is allowed


to serv e his sentence in the community.

2: Institutionalized-based treatment-

a conv icted person will serve his sentence in a correctional institution.

HISTORICAL BACHGROUND OF PROBATIONS

FORERUNNERS OF PROBATION

The ultimate purpose of every method of dealing with crime ,including probation ,is to
prev ent its recurrence, but our deepening knowledge of causes and underlying
motivation has led us towards replacing arbitrary punishment with reformative
treatment.

111
Probation was first legally establish in the United states ,but to trace its origin one must
turn to earlier schemes for humanizing criminal justice under the common law of England
these procedures were brought over with the law and customs of England were
adopted by the Colonist who settled the eastern shores of the United States

BENEFITS OF CLERGY

The earliest device for softening brutal severity of punishment seems to hav e been the
benefit of clergy.

Dating back to the reign of Henry 11, In the 13th century it originated in a compromise
with the church which had maintained that a member of a clergy brought to trial in a
king’s court might be claimed from that jurisdiction by the bishop or chaplain
representing him on the ground that the prisoner was subject to the authority of the
ecclesiastical court only.

The benefit resulting from this compromise was greater leniency in sentencing and
escape from the death penalty.

In the trial ,no evidence against the prisoner was presented by the king the defendant
purged himself by compurgators or witnesses testifying to his truthfulness and was usually
acquitted or if found guilty by a jury of twelve clerks he was degraded and put to
penance

JUDICIAL REPRIEVE

It is the withdrawing of sentence for an interval of time whereby the execution is


suspended either before or after judgment, as where the judge is not satisfied with the
verdict or the evidence is suspicious or the complaint is insufficient, or he is doubtful, a
small felony or any fav orable circumstances appear in the criminal’s character in order
to give room to apply to the crown for an absolute or conditional pardon.

RECOGNIZANCE OR BINDING OVER FOR GOOD BEHAVIOR”.

An ev en older method of suspending or deferring judgment .the direct ancestors of


probation ,was recognizance or binding over for good behavior .This was based on an
ancient practice dev eloped in England in the 14 century

It originated as a measure of preventive justice involving an obligation or promise, sworn


to under court order by a person not yet convicted, that, he would keep the peace and
be of good behavior.

Sureties or bail were usually required and the person who stood surety had the power
and the duty to enforce the conditions and return the offender to court if he committed

112
an offense during the specified period or failed to comply with other conditions of his
release

This method of assuring good behavior was extended at an early date to persons
charged with or convicted of misdemeanors ,and was used in addition to or substitution
for other punishment.

It was specififcally apply by English law Consolidation Ac t person conv icted of any
felony not capital and was further regulated under the summary jurisdiction act of 1879
.this led to the dev elopment of the first British Probation service.

TRANSPORTATION

Any description to a treatment of crime must include the system of transportation to her
colonies, which grew from the ancient practice of banishment as a principal method of
disposing of offenders. A further economic factor was the large profit of ship owners in
transporting the convicts, but it was also an attempt to substitute for brutal punishment,
a home an opportunity for rehabilitation.

At first a way of ridding the country of criminals ,it later dev eloped a plan for supplying
new colonies with cheap labor

A further economic factor was the large profit of ship in transporting the convicts
But it was also an attempt to substitute for brutal punishment at home an opportunity of
rehabilitation in a new country.

Offenders granted repriev e were permitted to accept transportation and were handed
over to contractors who engaged to conv ey them to America and later to Australia

PROBATION

Is a disposition under which the defendant after conviction is released subject to


conditions imposed by the court and to the supervision of a probation officer (PD 968 as
amended)

Is releasing convicted offenders into the community under a conditional suspended


sentence ,avoiding imprisonment for those offenders showing good behav ior under
superv ision of a probation officer ( Black law 1990)

NOTE: The word probation derives from the latin probatio meaning a period of proving or
trial and forgiveness

HISTORY OF PROBATION IN UNITED STATES

113
Probation originated in the U.S . as early as 1841 a Boston shoemaker, John Augustus was
interceding with the courts to suspend the sentence of youthful offenders and alcoholics
and place them in his charge.

The first year he took his supervision were only men charged with drunkenness and then
he began to take men and women charged with offenses ,and then children .the
number of cases increased each year

As indicated in the story of his first case ,his method was to provide bail for a temporary
suspension or postponement of sentence ,during which he sought to counsel and assist
his charges in such practical ways as finding homes ,secur ing employment ,and
adjusting family difficulties

At the end of the probation period he brought the offender back to court ,and if no
further complaint had been lodged the judged imposed a nominal fine with cost ,if the
was to poor Mr, Augustus adv anced the amount ,usually a loan.

John Augustus originated in rudimentary form many of the techniques of probation


officers ,and other social workers today ,including preliminary social inv estigation tactful
interviewing family casework, foster home placement protective work for women and
children detention cooperation with schools ,employers ,institution and social agencies.

John Augustus died on June 21 ,1859,out of nearly 2.000.persons for whom he has
become responsible ,only ten is proven ungrateful for his goodness .there are no exact
data as to the results he obtained ,but Augustus was optimistic .he states that of his first
100 cases only forfeited the bond

About 1870 Father Cook, became interested in youth that were tried before the court
whose cases were due to circumstances rather than to character. After inv estigating
each case and findings the offenders not hardened and still susceptible to reforms, he
made himself av ailable to the court as adviser to these offenders.

HISTORY FO PROBATION IN ENGLAND

Early in the 19t h century the English magistrates initiated experiments to sav e young and
inexperience offenders from the stigma of prison ,they made use of the latitude allowed
them under the common law to bind ov er defendants ,who should be brought for
sentence if the condition of release were v iolated.

The need for supervision and assistance to those so released was met by assigning
young offender to the care and guardianship of his parents or his employer with an
occasional check on his progress by the police

114
MATTHEW DAVENPORT HILL

is considered the father of probation in England .He left interesting account of his
experiment in the Birmingham court in which the following appear:

Beginning in the year 1841, he has thus acted with regard to juvenile offenders; when
there was ground for believing that the individual was not wholly corrupt when there was
reasonable hope of reformation and when there could be found persons to act as
guardians, kind enough to take charge of the young convict. (which at first sight would
appear to present at a great difficulty ,but which in practice finished little impediment to
the belief the plan)He had felt himself justified in at once handing ov er the young offer
to their care ,are in the belief that there were better hope of amendment under such
guardians than in a goal of the country at unexpected periods the confidential offer visit
the guardians ,makes inquiries ,and registered the fact of which he is thus informed ,in an
account which has been regularly kept.

HISTORY OF PROBATION IN THE PHILIPPINES

In the Philippines ,the Philippine assembly passed Act No 4221 ,known as the Probation
Act . This law prov ided probation for first offenders 18 years of age and abov e ,and an
adult probation for the first service was establishes shortly thereafter ,however , probation
was abolished in 1937 after almost two years of operation because Public Act No 4221
was declared unconstitutional by the Supreme court in the case of People vs Vera .37
O.G 164. The reason for declaring the law unconstitutional because it was considered a
class legislation .Under this law probation existed only in cities and Municipalities which
were given appropriation for said purpose by legislature.

HOUSE BILL NO 393

For almost three decades after the passage of Act no 4221, House bill No 393, Filed by
Teodolo C. Natividad and Ramon Bagatsing .this is the second attempt to establish an
adult probation in the Philippines .it was passed in the lower court house but pending in
the senate when martial was proclaimed .

The above house bill give rise to the passage of Presidential Decree No 968 the
probation law of 1976 which was promulgated on July 24 1976 .but the application of its
substantive provision concerning the grant of probation shall only take effect on January
3 1978.

DEVELOPMENT OF JUVENILE PROBATION

The first probation laws ,enacted in three New England states ,applied to children and
adult without distinction .it was recognized from the start that probation is a form of
treatment adopted to persons of all ages and to offenses of v arying seriousness

115
Note ; the first probation law was passed in Massachusetts in 1878.

In 1899 ,howev er ,two Midwestern states .Minnesota and Illinois enacted laws giving
probation service to children only . the Minesota law prov ided for the appointment of a
salaried officer for each of the three large countries ,to be nominated by the State
Board of Corrections and Charities and approv ed by the district court judges .the officer
were authorized to appoint their deputies subject to judicial approv al.

The first juvenile court, which was established in Chi cago in 1899, was based on
principles long used in England .although England put up her own juv enile court some
years later when the child act of 1908 was passed.

PIONEERS AND FOUNDERS OF PROBATIONS

A: TEODULO NATIVIDAD

 Former NAPOLCOM COMMISSIONER and former CONGRESSMAN of Bulacan

 Known as the Father of probation in the Philippines.

B: JOHN AUGUSTUS

 A Boston shoe maker


 Known as father of probation in United States
 He was interceding with the courts to suspend the sentence of youthful offender
and alcoholic and place them in his charged .

C: MATHEW DAVENPORT HILL

 English Magistrate
 Known as the father of probation in England
 He has thus acted with regard to juv enile offenders; when there was ground for
believing that the individual was not wholly corrupt when there was reasonable
hope of reformation and when there could be found persons to act as
guardians, kind enough to take charge of the young conv ict.

D: EDWARD SAVAGE

 An ex chief of police of Boston


 The first probation officer employed by the Gov ernment

E: FATHER COOK

 He was from Boston

116
 Became interested in youths who were tried before the courts and whose cases
were due to circumstances rather than character after inv estigating each case
and finding the offenders not hardened and still susceptible to reforms he made
himself av ailable to the court as adviser to these offenders .

F: GOVERNOR ALEXANDER b RICE

Signed into law the first probation law on April 26, 1878 at Massachusetts.

ROLE OF PROBATION IN THE CORRECTIONAL SYSTEM

1. Probation is a part of correctional system it cannot be properly considered as an


independent subject .it is only a phase of penology ,and therefore ,it must be
viewed in its relation to other aspect of the enforcement of criminal laws and its
proper perspective .it is a part of an entire structure and only a single feature of
a well rounded correctional process.

2. Probation is a form of treatment of convicted offender - it is not pity, or leniency


to the offender ,but rather a substitute for a punishment .

3. Probation is given in cases in which the end of justice do not require that the
offender go to prison – this so when all the following circumstances exist.

a) There is a strong likelihood that the defendant will reform.


b) There is a little danger of his seriously injuring or harming members of soc iety by
committing further crimes.
c) That the crime he committed is not the one that is repugnant to society that
he has no previous record of conviction and
d) That the deterrent effect of imprisonment on other criminals is not required.

PURPOSE OF PROBATION

The Wickersham reports of in 1931 states the purpose of probation

Probation like parole and imprisonment ,has its primary objectiv e the protection of
society against crime. its method may differ ,but its purpose must be to serv e the great
end of all organized justice –the protection of the community. Probation is an extension
of power of the court over the future behavior and destiny of the conv icted person such
as in is not retained in other disposition of criminal case

ADVANTAGES OF PROBATION

Probation is more adv antageous than imprisonment . in probation ,the man is spared the
degrading ,embittering and disabling experience of imprisonment which might be the
only confirm them in criminal ways , on the other hand ,the offender can continue to

117
work in his place of employment .Family ties remain intact .thus preventing many a
broken home .Also ,probation is less expensiv e which is only one tenth as costly as
imprisonment . to the extent that probation is being used today about 60 percent of
convicted offender are given probation –this type of convicted sentencing therefore
,will greatly relieved prison congestion.

CHAPTER 11
THE ADULT PROBATION LAW AND OTHER PROBATION LAWS

1: What is Presidential Decree No. 968, As Amended?

PD 968 is the Probation law of 1976 which was promulgated on July 24 ,1976. This law
applies to

1) adult offender and


2) first time minor offender under section 70 of the comprehensive dangerous drug
act of 2002 (RA 9165) and
3) child in conflict with the law under section 42 of the Juv enile and justice Welfare
Act of 2006 ( RA No 9344) Minors are covered by PD No 603 ( the Child and
Youthful W elfare Code) as amended by PD No 1179 and by RA No 9344

2: what are Amendatory laws on PD 968

1) PD No 1257 – took effect upon its issuance on December 1, 1997 amending


sections 4, 7 par (1) 15 33
2) Batas Pambansa BLg 76 –took effect upon its approval by the President on June
13 ,1980 amending section 9 and
3) PD no 1990 amended the aforementioned section 4 and 9 ,it was promulgated
on Oct 5,1985 ,it took effect on January 15,1986 after 15 days from the adte of its
publication.
4) RA No 9344 (Juv enile Justice and W elfare Act of 2006) amended section 4 of PD
No 968

Section 42 :

Probation as an alternative to imprisonment - the court may after it shall hav e convicted
and sentenced a child in conflict with the law ,and upon application at any time ,place
the child on probation in lieu of service of his/her sentence taking into account the best

118
interest of the child .for this purpose ,section 4 of PD No 968 ,otherwise known as the
probation law of 1976 ,is hereby amended as accordingly.

3: PD NO 968 as amended apply to all offenders ,exceptions

1. Legally disqualified offender under section 9 of PD No 968 as amended by PD


No 1990

2. Offenders covered by PD No 603-the child and youthful welfare Code was


promulgated on December 10,1974 and took effect on June 8, 1975 as
amended by PD no. 1179 which took effect on October 11,1977 .howev er under
section 70 of dangerous drug act of 2002 (RA 9165) a first time minor offender
may be placed under probation at the court ‘s discretion

3. Similar laws refers to law which specifically deny the benefits of the Probation
law , to wit:

a) Omnibus election Code of the Philippines (Batas Pambansa blg 881)


b) W age rationalization Act (RA No 6727)
c) The Comprehensiv e Dangerous Drugs act of 2002 (RA NO 9165)

4: What are the Purposes of probation

1) Promote the corrections and rehabilitation of an offender by prov iding him with
individualized treatment
2) Prov ide an opportunity for the reformation of a penitent offender which might
be less probable if he were to serve a prison sentence .
3) Prev ent the commission of offenses.

5: Meaning of terms

As used in this decree the following shall ,unless the context otherwise requires ,be
construed thus

a. Probation – is a disposition under which the defendant after conviction and


sentenced is released subject to condition imposed by the court
b. Probationer means a person placed on probation
c. Probation officer- means one who inv estigate for the court a referral for
probation or supervises a probationer or both

6: When should an application for probation be filed?

Any time before the offender starts serving his sentence but within fifteen (15) days from
the promulgation or no tice of the judgment of conviction.

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Howev er, under Sec. 42 of R.A 9344, the Juv enile Justice and W elfare Act of 2006, the
court may, after it shall hav e sentenced a Child In Conflict with the Law and upon
application at anytime placed the child on probation in lieu of serv ice of his sentence .

7: Where shall an application for probation be filed?

The application shall be filed with the court that tried and sentenced the offender.

8: May probation be granted even if the sentenced imposes a fine only ,but with
subsidiary imprisonment .

Yes, Probation may be granted even whether the sentenced imposes a term of
imprisonment or a fine with subsidiary imprisonment in case of insolvency.

9: May the court suspend the execution of the sentence upon application by defendant
for probation

Subject to the provision of the PD NO 968 ,the court may after it shall hav e been
convicted and sentenced a defendant and upon his application within the period for
perfecting an appeal ,suspend the execution of of said sentence and place the
defendant on probation for such period and upon such terms and condition as it may
deem best.

10; What is the legal effect of probation?

The legal effect of probation is only to suspend the execution of sentence

11: What is the meaning of to suspend ?

To suspend means to stop temporarily , to discontinue, or to cause to be intermitted or


uninterrupted.

12: Can convict who file application for probation appeal?

No, the filing of the application for probation is deemed a waiver of the right to appeal

By perfecting their appeal , petitioner ipso facto relinguished the alternativ e remedy of
av ailing of the probation law, the purpose of which is simply to prevent speculations or
opportunism on the part of an accused who though already eligible ,does not at once
apply for probation ,but did so only after failing in his appeal.

13: Can the judge be prohibited from entertaining or granting an application for
probation if defendant perfected appeal.

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Yes, The probation law prohibits a judge from entertai ning or granting an application fro
probation if the defendant has perfected an appeal from judgment of conv iction

14: What liability is affected by order granting probation?

Probation affect only the criminal aspect of the case , the suspension of the sentence
imposed on the accused who is granted probation has no bearing on his civil liability.
the court must hear the civ il aspect of the case where the accused pleads guilty and at
the same time applies for probation .

15: Are accessory penalty deemed suspended with the grant of probation

Accessory penalty are deemed suspended once application for probation is giv en due
course

16: Is probationer disqualified from running public office?

During the period of probation ,the probationer is not disqualified from running for a
pubic office because the accessory penalty is put on hold for the duration of the
probation.

17:Is an order denying or granting probation appealable?

Order of the court granting or denying probation is not appealable

18: What is the remedy if order granting or denying probation no t appealable?

Since there being no appeal ,priv ate respondent has no other plain, speedy, and
adequate remedy in the ordinary course of law against the denial of his application for
probation except for the special civil action of certiorari with preliminary mandatory
injunction and restraining order.

19: Is probation a right?

No, it is a mere privilege for adult offenders. However, under R. A. 9344 or Juvenile
Justice and Welfare Act of 2006, a Child in Conflict with the Law (CICL) is granted the
right to probation as an alternative to imprisonment if qualified under Probation Law.

20: What are the advantages of probation?


1. The gov ernment spends much less when an offender is released on probation
than if e were placed behind bars.
2. The offender and his family are spared the embarrassment and dishonor of
imprisonment.
3. The offender is able to continue working and can therefore earn income, pay
taxes and pay damages to victim of the crime.

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21: What are the basis for placing an offender on probation?

The basis for placing an offender for probation are the following
1. Prior inv estigation by probation officer
2. Determination by the court as to whether or not probation would serv e the ends
of justice and the best interest of the public and the applicant

22: Who can apply for probation?

Any first time conv icted offender who is eighteen (18) year old or above.

23: Who cannot be granted probation?

1. Those sentenced to serve a prison term of more than six (6) years;
2. Those convicted of any crime against the national security or the public order;
3. Those previously convicted by imprisonment of not less than one (1) month and
one (1) day and/or a fine of not less than two hundred pesos (Php 200.00);
4. Those who hav e once been placed on probation under the law;
5. Those serving sentence;
6. Those whose conviction is on appeal; and
7. Those convicted of an offense against the Omnibus Election Code, I nsurgency
Law and W age Rationalization Act.

24: Will probation be automatically granted to one whose sen tence is six (6) years or
less?

No, the application may be denied by the court if :

1. The offender would be better rehabilitated if he/she is sent to prison to serve


his/her sentence;
2. There is undue risk that the offender will likely commit another crime;
3. Probation will depreciate the seriousness of the crime committed.

Under Sec 70 of R.A. 9165, the Comprehensiv e Dangerous Drugs Act of 2002, the first
time minor drug offender who upon promulgation of the sentence, the court may, in its
discretion, place the accused under probation, ev en if the sentence provided under
Sec. 11 of the Act is higher than that prov ided under Probation Law.

25:What will happen if the application for probation is denied?

The offender will be sent by the sentencing court to prison to serv e his sentence.

26: May an offender be released from confinement while his application for probation is
pending?

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Yes, the applicant may be released under the bail he filed in the criminal case, or under
recognizance.

27: How many times can one be granted probation?

Only once.

28: What conditions are imposed by the court on an offender who is released on
probation?

1. To report to the probation officer within seventy two (72) hours after he receiv es
the order of the court granting probation;
2. To report to his probation officer at least once a month;
3. Not to commit any other offense while on probation.
4. Comply with any other lawful conditions imposed by the court

29: What will happen if a probationer violates the conditions of probation?

The court may modify the conditions of probation or revoke the same. If the
violation is serious, the court may order the probationer may also be arrested and
criminally prosecuted if the violation is a criminal offense.

30: When can the court modify the condition of probation?

a) At any time during supervision


b) After summary hearing when the probationers violated any of its condition
c) Upon application by the probation officer or the probationer himself

NOTE: Only the judge who heard and decided the case has the power to grant ,deny or
modify rev oke and terminate probation

31:What are the criteria for placing an offender for probation

The criteria for placing an offender for probation are :


1. All information relative to:

a) Character
b) Antecedents
c) Env ironment
d) Mental and
e) Physical condition of the offender

2. Av ailable institution and the community

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32: May the offender be released pending the application for probation?

The offender may be released pending application for probation


a) On the same bond he file during trial
b) On a new bond
c) To the custody of responsible member of the community

33:How long is the period of probation when defendant is sentenced to imprisonment?

a) Term of imprisonment of not more than 1 year –period of probation shall not
exceed two years
b) Term of imprisonment in all other cases – period of probation shall not exceed 6
years

33: What is the period of probation when sentence impose a fine and offender is made
to serve subsidiary imprisonment in case of insolvency

The period of probation shall not be less than nor more than twice the total number of
days of subsidiary imprisonment as computed at the rate established in Article 39 of the
RPC ,as amended

34: Who shall assist the Provincial or City probation officer as may be necessary to
enable then to carry out their duties

Prov incial or city Probation officers shall be assisted by such field assistant and
subordinate personnel as may be necessary to enable them to carry out their duties
effectiv ely.

35: What are the two ways of terminating probation

1. After period of probation with satisfactorily compliance with condition of


probation
2. Other ways of terminating probation
a) Termination before expiration of the period
b) Termination by Pardon of the probationer
c) Deportation of the probationer
d) Death of probationer

36: What is the penalty for violations of the confidentiality of public records?

Under section 29 of the probation law ,the violation of the confidentiality of probation
records is punishable with imprisonment ranging from six months and one day to six years
and a fine ranging from six hundred to six thousand pesos

37: What are the qualification of probation administrator and assistant administrator?

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To be eligible for appointment as administrator and assistant probation administrator a
person must be:
1. At least 35 years of age
2. Holder of master degree or it equiv alent in either criminology social work etc.
3. Should have at least 5 years of supervisory experience or
4. be a member of Philippine bar with at least seven years of supervisory
experience

38: what are the qualification of Regional, ,Assistant Regional , Provincial and city
probation officer

No person shall be appointed Regional or assistant Regional or provincial or City


probation officer unless:

1. he possess at least a bachelors degree with major in social work ,sociology


criminology etc.
2. Has at least 3 years supervisory experience in work
3. Member of the Philippine bar with at least 3 years of supervisory experience

39: Is probation coterminous with its period?

No. After the expiration of the period of probation but before the issuance of the order
of final discharge, the probation is still in effect and may still be revoked by the court for
violation of any of the terms of the conditions.

40: Is an appeal of the civil liability a bar to the application for probation?

No. Ev en if by definition civil liability ex. delicto arises from the criminal act, once its
existence is established, it should be treated separately, each with its own corresponding
effects, and thus cannot be a bar to the application for probation. (Salv an v s. People,
G.R. No. 153845, September 11, 2003).

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER


PURPOSES.

W HEREAS, one of the major goals of the gov ernment is to establish a more enlightened
and humane correctional systems that will promote the reformation of offenders and
thereby reduce the incidence of recidivism;.
.
W HEREAS, the confinement of all offenders prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of the
country; and.

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W HEREAS, there is a need to provide a less costly alternative to the imprisonment of
offenders who are likely to respond to individualized, community-based treatment
programs;

NOW , THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by v irtue of the


powers v ested in me by the Constitution, do hereby order and decree the following:

Section 1. Title and Scope of the Decree. — This Decree shall be known as the Probation
Law of 1976. It shall apply to all offenders except those entitled to the benefits under the
prov isions of Presidential Decree numbered Six Hundred and three and similar laws.

Sec. 2. Purpose. — This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing him with
individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and.

(c) prev ent the commission of offenses..

Sec. 3. Meaning of Terms. — As used in this Decree, the following shall, unless the
context otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conv iction and sentence,
is released subject to conditions imposed by the court and to the supervision of a
probation officer..

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who inv estigates for the court a referral for probation
or supervises a probationer or both.

Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the court may,
after it shall have conv icted and sentenced a defendant and upon application at any
time of said defendant, suspend the execution of said sent ence and place the
defendant on probation for such period and upon such terms and conditions as it may
deem best.

Probation may be granted whether the sentence imposes a term of imprisonment or a


fine only. An application for probation shall be filed with the trial court, with notice to the
appellate court if an appeal has been taken from the sentence of conviction. The filing
of the application shall be deemed a wav er of the right to appeal, or the automatic
withdrawal of a pending appeal.

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An order granting or denying probation shall not be appealable.

Sec. 5. Post-sentence Inv estigation. — No person shall be placed on probation except


upon prior inv estigation by the probation officer and a determination by the court that
the ends of justice and the best interest of the public as well as that of the defendant will
be serv ed thereby.

Sec. 6. Form of Inv estigation Report. — The inv estigation report to be submitted by the
probation officer under Section 5 hereof shall be in the form prescribed by the Probation
Administrator and approved by the Secretary of Justice.

Sec. 7. Period for Submission of Inv estigation Report. — The probation officer shall submit
to the court the inv estigation report on a defendant not later than sixty days from
receipt of the order of said court to conduct the investigation. The court shall resolv e the
petition for probation not later than fiv e days after receipt of said report.

Pending submission of the inv estigation report and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case;
Prov ided, That, in case where no bail was filed or that the defendant is incapable of
filing one, the court may allow the release of the defendant on recognize to the custody
of a responsible member of the community who shall guarantee his appearance
whenev er required by the court.

Sec. 8. Criteria for Placing an Offender on Probation. — In determining whether an


offender may be placed on probation, the court shall consider all information relativ e, to
the character, antecedents, env ironment, mental and physical condition of the
offender, and av ailable institutional and community resources. Probation shall be
denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided most
effectiv ely by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will commit
another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be extended to
those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

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(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less t han one month and one day and/or a fine of not less than Two
Hundred Pesos;

(d) who hav e been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof.

Sec. 10. Conditions of Probation. — Every probation order issued by the court shall
contain conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the order within seventy-two hours from receipt of
said order;

(b) report to the probation officer at least once a month at such time and place as
specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) dev ote himself to a specific employment and not to change said employment
without the prior written approv al of the probation officer;

(d) undergo medical, psychological or psychiatric examination and treatment and


enter and remain in a specified institution, when required for that purpose;

(e) pursue a prescribed secular study or v ocational training;

(f) attend or reside in a facility established for instruction, recreation or residence of


persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating bev erages to excess;

(i) permit the probation officer or an authorized social worker to visit his home and place
of work;

(j) reside at premises approv ed by it and not to change his residence without its prior
written approv al; or

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(k) satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.

Sec. 11. Effectivity of Probation Order. — A probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the consequences thereof
and explain that upon his failure to comply with any of the conditions prescribed in the
said order or his commission of another offense, he shall serv e the penalty imposed for
the offense under which he was placed on probation.

Sec. 12. Modification of Condition of Probation. — During the period of probation, the
court may, upon application of either the probationer or the probation officer, revise or
modify the conditions or period of probation. The court shall notify either the probationer
or the probation officer of the filing of such an application so as to give both parties an
opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation.

Sec. 13. Control and Supervision of Probationer. — The probationer and his probation
program shall be under the control of the court who placed him on probation subject to
actual supervision and v isitation by a probation officer.

W henever a probationer is permitted to reside in a place under the jurisdiction of


another court, control ov er him shall be transferred to the Executive Judge of the Court
of First Instance of that place, and in such a case, a copy of the probation order, the
inv estigation report and other pertinent records shall be furnished said Executiv e Judge.
Thereafter, the Executive Judge to whom jurisdiction ov er the probationer is transferred
shall have the power with respect to him that was previously possessed by the court
which granted the probation.

Sec. 14. Period of Probation. —

(a) The period of probation of a defendant sentenced to a term of imprisonment of not


more than one year shall not exceed two years, and in all other cases, said period shall
not exceed six years.

(b) W hen the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to
be more than twice the total number of days of subsidiary imprisonment as computed at
the rate established, in Article thirty-nine of the Revised Penal Code, as amended.

Sec. 15. Arrest of Probationer; Subsequent Disposition. — At any time during probation,
the court may issue a warrant for the arrest of a probationer for v iolation of any o f the
conditions of probation. The probationer, once arrested and detained, shall immediately

129
be brought before the court for a hearing, which may be informal and summary, of the
violation charged. The defendant may be admitted to bail pending such hearing. In
such a case, the provisions regarding release on bail of persons charged with a crime
shall be applicable to probationers arrested under this provision. If the v iolation is
established, the court may rev oke or continue his probation and modify the conditions
thereof. If rev oked, the court shall order the probationer to serv e the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable.

Sec. 16. Termination of Probation. — After the period of probation and upon
consideration of the report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding that he has fulfilled the
terms and conditions of his probation and thereupon the case is deemed terminated.

The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conv iction and to fully discharge his liability for any fine
imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of such
order.

Sec. 17. Confidentiality of Records. — The inv estigation report and the supervision history
of a probationer obtained under this Decree shall be privileged and shall not be
disclosed directly or indirectly to anyone other than the Probation Administration or the
court concerned, except that the court, in its discretion, may permit the probationer of
his attorney to inspect the aforementioned documents or parts thereof whenev er the
best interest of the probationer makes such disclosure desirable or helpful: Provided,
Further, That, any gov ernment office or agency engaged in the correction or
rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration.

Sec. 18. The Probation Administration. — There is hereby created under the Department
of Justice an agency to be known as the Probation Administration her ein referred to as
the Administration, which shall exercise general supervision ov er all probationers.

The Administration shall hav e such staff, operating units and personnel as may be
necessary for the proper execution of its functions.

Sec. 19. Probat ion Administration. — The Administration shall be headed by the
Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good behav ior
and shall not be remov ed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos. His
powers and duties shall be to:

130
(a) act as the executiv e officer of the Administration;

(b) exercise supervision and control ov er all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the latter may
prescribe, concerning the operation, administration and improv ement of the probation
system;

(d) promulgate, subject to the approv al of the Secretary of Justice, the necessary rules
relativ e to the methods and procedures of the probation process;

(e) recommend to the Secretary of Justice the appointment of the subordinate


personnel of his Administration and other offices established in this Decree; and

(f) generally, perform such duties and exercise such powers as may be necessary or
incidental to achieve the objectives of this Decree.

Sec. 20. Assistant Probation Administrator. — There shall be an Assistant Probation


Administrator who shall assist the Administrator perform such duties as may be assigned
to him by the latter and as may be prov ided by law. In the absence of the Administrator,
he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receiv e an annual
salary of at least thirty-six thousand pesos.

Sec. 21. Qualifications of the Administrator and Assistant Probation Administrator. — To


be eligible for Appointment as Administrator or Assistant Probati on Administrator, a
person must be at least thirty-fiv e years of age, holder of a master's degree or its
equiv alent in either criminology, social work, corrections, penology, psychology,
sociology, public administration, law, police science, police administration, or related
fields, and should hav e at least five years of supervisory experience, or be a member of
the Philippine Bar with at least seven years of superv isory experience.

Sec. 22. Regional Office; Regional Probation Officer. — The Administration shall hav e
regional offices organized in accordance with the field service area patterns established
under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall be
appointed by President of t he Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control ov er all probation
officer within his jurisdiction and such duties as may be assigned to him by the
Administrator. He shall hav e an annual salary of at least twenty-four thousand pesos.

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He shall, whenev er necessary, be assisted by an Assistant Regional Probation Officer
who shall also be appointed by the President of the Philippines, upon recommendation
of the Secretary of Justice, with an annual salary of at least twenty thousand pesos.

Sec. 23. Provincial and City Probation Officers. — There shall be at least one probation
officer in each province and city who shall be appointed by the Secretary of Justice
upon recommendation of the Administrator and in accordance with civ il service law
and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least eighteen
thousand four hundred pesos.

His duties shall be to:

(a) inv estigate all persons referred to him for inv estigation by the proper court or the
Administrator;

(b) instruct all probationers under his supervision or that of the probation aide on the
terms and conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers under his
charge and use all suitable methods to bring about an improv ement in their conduct
and conditions;

(d) maintain a detailed record of his work and submit such written reports as may be
required by the Administration or the court having jurisdiction ov er the probationer under
his supervision;

(e) prepare a list of qualified residents of the province or city where he is assigned who
are willing to act as probation aides;

(f) supervise the training of probation aides and ov ersee the latter's supervision of
probationers;

(g) exercise supervision and control ov er all field assistants, probation aides and other
personnel; and

(h) perform such duties as may be assigned by the court or the Administration.

Sec. 24. Miscellaneous Powers of Provincial and City Probation Officers. — Provincial or
City Probation Officers shall hav e the authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in connection with their
duties and functions under this Decree. They shall also hav e, with respect to probationers
under their care, the powers of a police officer.

132
Sec. 25. Qualifications of Regional, Assistant Regional, Provincial, and City Probation
Officers. — No person shall be appointed Regional or Assistant Regional or Provincial or
City Probation Officer unless he possesses at least a bachelor's degree with a major in
social work, sociology, psychology, criminology, penology, corrections, police science,
police administration, or related fields and has at least three years of experience in work
requiring any of the abov ementioned disciplines, or is a member of the Philippine Bar
with at least three years of supervisory experience.

W henever practicable, the Provincial or City Probation Officer shall be appointed from
among qualified residents of the province or city where he will be assigned to work.

Sec. 26. Organization. — W ithin twelv e months from the approv al of this Decree, the
Secretary of Justice shall organize the administrativ e structure of the Administration and
the other agencies created herein. During said period, he shall also determine the
staffing patterns of the regional, provincial and city probation offices with the end in
view of achieving maximum efficiency and economy in the operations of the probation
system.

Sec. 27. Field Assistants, Subordinate Personnel. — Provincial or City Probation Officers
shall be assisted by such field assistants and subordinate personnel as may be necessary
to enable them to carry out their duties effectively.

Sec. 28. Probation Aides. — To assist the Provincial or City Probation Officers in the
superv ision of probationers, the Probation Administrator may appoint citizens of good
repute and probity to act as probation aides.

Probation Aides shall not receiv e any regular compensation for services except for
reasonable travel allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their qualifications and maximum case
loads shall be provided in the rules promulgated pursuant to this Decree.

Sec. 29. Violation of Confidential Nature of Probation Records. — The penalty of


imprisonment ranging from six months and one day to six years and a fine ranging from
six hundred to six thousand pesos shall be imposed upon any person who violates
Section 17 hereof.

Sec. 30. Appropriations. — There is hereby authorized the appropriation of the sum of Six
Million Fiv e Hundred Thousand Pesos or so much as may be necessary, out of any funds
in the National Treasury not otherwise appropriated, to carry out t he purposes of this
Decree. Thereafter, the amount of at least Ten Million Five Hundred Thousand Pesos or so
much as may be necessary shall be included in the annual appropriations of the
national gov ernment.

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Sec. 31. Repealing Clause. — All provisions of existing laws, orders and regulations
contrary to or inconsistent with this Decree are hereby repealed or modified
accordingly.

Sec. 32. Separability of Provisions. — If any part, section or provision of this Decree shall
be held inv alid or unconstitut ional, no other parts, sections or provisions hereof shall be
affected thereby.

Sec. 33. Effectivity. — This Decree shall take effect upon its approv al: Provided,
Howev er, That, the application of its substantiv e provisions concerning the grant of
probation shall only take effect twelv e months after the certification by the Secretary of
Justice to the Chief Justice of the Supreme Court that the administrativ e structure of the
Probation Administration and of the other agencies has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord, nineteen
hundred and sev enty-six.

CHAPTER 111
THE PROBATION AND PAROLE ADMINISTRATION

PAROLE DEFINED

It is the release of a prisoner from the prison after serving the minimum period of his
indeterminate sentence.

PROBATION DEFINED

It is a disposition under which a defendant after conviction and sentence ,is released
subject to conditions imposed by the court and to the supervision of a probation officer.

PAROLE AND PROBATION ADMINISTRATION ORGANIZATIONAL SET


UP

1: The administration shall be headed by administrator .who shall be immediately


assisted by a deputy administrator. The administrator and deputy administrator shall be
appointed by the President of the Philippines

The appointees to the position of administrator and deputy administrator must


be holder of a doctoral degree /masteral degree in public administration and/or a
lawyers with at least one year of supervisory experience in probation work .

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2: the administration shall hav e a technical service under the office of the administrator
which shall serve as the service arm of the board of pardons and Parole in the
superv ision of Parolees and pardonees

The board and the administration shall jointly determine the staff complement of
the technical service
3: the administration shall likewise continue to operate and maintain Regional Office in
each of the administrativ e Region including the Nati onal Capital region and also
probation and Parole office in every prov ince and city of the country.

The Regional ,Provincial and City offices of the administration shall each be headed
by a Regional Probation and Parole Officer, Provincial /City P robation and Parole officer,
respectiv ely, all of whom shall be appointed by the secretary upon recommendation of
the administrator

The provincial or City Probation and Parole Officers shall be assisted by such field
assistants .and subordinate personnel as may be necessary to enable them to carry out
their duties and function .For this purpose ,the administrator may appoint citizens of
good repute and probity to act as Probation and Parole aides who shall not receiv e any
regular compensation for their services except reasonable trav el allowance

STRUCTURAL SET UP

CENTRAL OFFICE
DOJ AGENCIES Bldg

1. Office of the administrator


2. Office of the deputy administrator
3. Administrative division
4. Clinical service division
5. Community service division
6. Financial &Management division
7. Legal inspection & inv estigation division
8. Training division

REGIONAL OFFICES

1. CAR 8. Region V11


2. Region 1 9. Region V111
3. Region 11 10. Region 1X
4. Region 111 11. Region X
5. Region 1V 12. Region X1
6. Region V 13. Caraga
7. Region V1

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PROVINCIAL OFFICE

1. Abra Parole and Probation Office


2. Benguet Parole and Probation Office
3. Ifugao Parole and Probatio office
4. Kalinga Prov ince Parole and Probation Office

CITIES

1. Baguio City Paro le and Probation Administration


2. Dagupan City Parole and Probation Office
3. Laoag City Parole and Probation Office
4. San Carlos City Parole and Probation Office
5. San Fernando City Parole and Probation Office
6. Urdaneta City Parole and Probation Office
7. Oriental Mindora Parole and Probation Office #1
8. Oriental Mindoro Parole and Probation Office #2
9. Palawan parole and Probation Office

POWER AND FUNCTION

1: Probation administrator

The administrator powers and duties shall be to:

a) Act as the executive officer of the administration


b) Exercise supervision and control over all probation officer
c) Make annual reports to the secretary of justice in such form as the latter may
prescribe ,concerning the operation ,administration and improv ement of the
probation system
d) Promulgate ,subject to the approv al of the secretary of justice ,the necessary
rule relative to the methods and procedures of the probation process
e) Recommend to the secretary of justice the appointment of the subordinate
personnel of his administration and other offices established in this decree
f) Generally perform such duties and exercise such powers as maybe necessary
or incidental to achieve the objectives of this decree.

2: Assistant probation administrator

a) There shall be an assistant administrator who shall assist the administrator and
perform such duties as may be Assigned to him by the latter and as may be
prov ided by law.

b) In the absence of the administrator ,he shall act as head of the administration.

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3: Regional Probation and Parole officer

a) The Regional Probation Officer shall exercise supervision and control over all
probation officers within his jurisdiction and such duties as may be assigned to
him by the administrator

4: Provincial and City Probation Officers

His duties shall be to :

a) Investigate all persons referred to him inv estigation by the proper court or the
administrator
b) Instruct all probationer under his superv ision or that of the and probation aide on
the terms and conditions of their probation
c) Keep himself informed of the conduct and conditioned of probationers under
his charge and use all suitable methods to bring about an improv ement in their
conduct and conditions
d) Maintain a detailed record of his work and submit such written reports as may
be required by the administration or the court having jurisdiction ov er the
probationer under his supervision
e) Prepare a list of qualified residents of the province or city where he is assigned
who are willing to act as probation aides
f) Supervise the training of probation and ov ersee the l atter‘s supervision of
probationers
g) Exercise supervision and control ov er all field assistants ,probation aides and
other personnel and
h) Perform such duties as may be assigned by the court or the administrator

5: Miscellaneous power of the of Provincial and City Probation officers.

a) Prov incial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. they shall also
hav e ,with respect to probationers under their care ,the powers of a police
officer

PROBATION AIDES

QUALIFCATIONS

1. The Probation Aides must be citizens of good repute and probity,


2. at least 18 years of age on the date of appointment,
3. at least high school graduates and

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4. preferably residence of the same locality or community covering the place of
residence of the probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and
PPOsI.

FUNCTIONS

A: Probation Aides may be requested to assist the CPPOs, SPPOs and SrPPOs, PPOsII, and
PPOsI in the

1. superv ision of probationers,


2. assigned up to a maximum case load subject to administrativ e and technical
superv ision by the above-mentioned Probation Officers,
3. prepare records of their activities and accomplish related reports and prompt
submission thereof; and
4. undertake other related activities. They maybe designated to identify, generate,
tap local community resources or conduct such activities on skills training and
sports and cultural programs for clients.

APPOINTMENT

Probation Aides shall be appointed by the Probation Administrator or through authority


delegated to the Regional Directors within their respectiv e areas of responsibility upon
the recommendation of the CPPOs.

TERM OF OFFICE

Probation Aides so appointed may hold office during good behav ior for a period of two
(2) years, renewable at the end of each period; provided, that, the appointing authority
may at any time terminate the serv ices of Probation Aides for unsatisfactory
performance for at least two (2) consecutive semesters as determined by the proper
offices and/or for other lawful and v alid cause(s). Thereafter, his reinstatement shall be
determined by his display of good behavior as determined by collateral informants and
the appointing authority.

CASE LOAD

a)In assigning probation supervision caseload(s) to the Probation Aides, the Probation
Offices shall duly consider their respectiv e qualifications, length of service, work
accomplishments, and other related criteria. And, as to maximum superv ision caseload
to be giv en to them, the Probation Office should, exercise utmost prudence and
caution.

(b) The maximum supervision caseloads of a Probation Aide at any giv en time, shall be

138
I. ten (10) probationers on minimum case classification or
II. three (3) probationers on maximum case classification in addition to other
duties.

OTHER FORM OF PROBATIONS IN THE PHILIPPINES

PRESIDENTIAL DECREE NO .603 , AS AMENDED

Probation for Youthful offender

The law cov ering this institutional set up is PD 603 which was enacted in 1974 and
otherwise known as the child and Youth welfare Code which suspends the sentences of
minor offenders whose ages range from 9 years to 18 years and places then in
Rehabilitation Centers under the supervision or custody of the DSW D or released on
probation to custody of their parents or to any responsible person under the supervision
of the DSW D

Under this decree ,a youth offender under trial who cannot post bail shall be committed
to the DSWD or to local rehabilitation center or to the detention home in the Prov inces or
city .there are ten (10) Regional Rehabilitation Centers for youth nation wide .Nine for
boys and one for girls ,if such facility is not accessible ,the court may commit the youth
to jail where they will confined in quarters separate from other offenders

COMPREHENSIVE DANGEROUS DRUG ACT OF 2002

Section 57, Probation and community service under the voluntary submission program-
A drug dependent the v oluntary submission programs ,but does not qualify for
exemption t who is charged as rehabilitated by the DOH accredited Center through
the voluntary submission program ,but does not qualify for exemption from criminal
liability under section 55 of this Act ,may be charged under the provision of this act ,but
shall be placed on probation and undergo a community service in lieu of imprisonment
and /or fine in the discretion of the court without prejudice to the outcome of any
pending case filed in court

Such drug dependent shall undergo community service as part of his /her after care and
follow up program ,which may be done in coordination with non Gov ernmental civic
organization accredited by the DSW D ,with the recommendation of the Board.

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REPUBLIC ACT NO 9344 (Juvenile Justice and Welfare Act of 2006) as amended section 4
of Presidential Decree No 968

Section 42: Probation as an alternative to imprisonment-the court may after it shall hav e
convicted and sentenced a child in conflict with the law ,and upon application at any
time ,place the child on probation in lieu of service of his/her sentence taking into
account the best interest of the child . For this purpose, section 4 of Presidential Decree
No .968 ,otherwise known as the Probation law of 1976 is hereby amended accordingly. .

PAROLE INVESTIGATION AND SUPERVISION

HISTORY OF PAROLE

Parole was deriv ed from the French word Parole d Honeur meaning word of honor ,
Howev er, France ,where the Parole originated .did not use the word parole but called it
conditional release

The word parole was not used until 1846 ,although conditional released had existed
ev en during colonial days ,the English government began sending convicts to the New
words to work as indenture servants during the colonial times Many of these prisoners
after serving their terms or purchasing their freedom ,remain in the colonies as settlers

During the Revolutionary W ar, England stop sending conv ict to the new words and
instead sent them Australia .it was in Australia in Norfolk Island where captain alexander
Machonochie introduce the system of ticket of leave .1n 1840 in Ireland ,sir walter
Crofton introduced the Progressive or Mark system of Penal management .the system
granted privileges and good conduct time gradually culminating on thei r released on
ticket of leave ,Crofton’s system was an improvement of Machonochie’s ticket of leave

In the united states the first semblance of parole with the practice of indenturing juvenile
delinquents to work under the employ of persons to whom they are legally bound until
they were paid their debts. Later a gov ernment agent was appointed to supervise the
children and to prevent their exploitation by their employers . in 1856 Massachusetts
appointed agent to help released prisoners, obtain employment , tools ,clothing and
transportation with the aid of public funds

The first large scale parole system was established soon after the opening of the Elmira
reformatory .in 1876 Z. R Brockway .the first Superint endent of Elmira set up the system
which comprised the use of indeterminate sentence ,compulsory education and the
parole of carefully selected prisoners .superv ision of the parolees was provided by
Volunteer citizens who were known as guardians .One of the condition of Parole was
that the parolee must report to his guardian on the first of each month ,later a written

140
report were required and submitted to the reformatory after they were certified by the
employer or guardian

The first parole law affecting adult offenders was passed in Ohio in 1884 from then on
parole laws were introduced rapidly and in 1900 ,parole has been introduce in 20 states
by 1922 forty four states had parole laws. Today ,all states in the United states and all
developed countries in the world have parole.

HISTORY OF PARDON

The exercise of pardoning power has always been v ested with in the hands of executive
branch of the gov ernment ,whether king, ,Queen, President or Gov ernor .Pardon dates
back at the pre Christian era .in fact the bible contain an allusion where a criminal was
released and pardoned by the king at the time Christ was crucified .

In England ,pardon dev elop out of conflict between the king and the nobles who
threatened his power . Pardon was applied to member of Royal family who committed
crimes and occasionally to those convicted of offenses against the royal power .it was
the general view that the pardoning power was the exclusiv e prerogativ e of the king .
In England today the power to extend pardon is v ested in the queen upon adv ise of the
of the Minister of interior

In the United states, pardon among the early American colonist was a carry ov er of the
English practice .the pardoning power was exercise by the royal gov ernor through the
power delegated by the king .after the declaration of independence, the federal and
states constitution v ested the pardoning power on the president of the United states
and the Gov ernor in federal and sates cases respectively

In the Philippines, the pardoning power is v ested in the President by sec 19 Art V11 of the
1987 constitution.

Except in cases of impeachment ,or reprieves or as otherwise provided in t he


constitution ,the President may grant reprieves, commutations, and pardons ,and remit
fines and forfeiture ,after conviction by final judgment .he shall also have the power to
grant amnesty with the concurrence of a majority of all members of the congr ess

FUNCTION OF PAROLE

 Parole restores gradual freedom from highly controlled institutional life and gives
him guidance and supervision during the transition ,it is not a form of leniency
,executiv e clemency ,or a reward for good conduct in prison .Parole bridges the
gap between prison life and normal community life
 The parole system is reformatory and founded upon a plan and policy of
helping the inmate to gain strength and resistance to temptation to build up his
self control ,to adjust his attitudes and action to social control and standard and

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.and it aims to extend his liberties and normal living within the social fabric as his
strength to meet new responsibilities grows and develop.

 An adequate parole system is the best protection against ex prisoner- 90


percent of offenders confined in a penal institution a released to the community
whether we like it or not ,in the interest of protecting society it is better to
released all prisoner through parole and providng them guidance and
superv ision rather keeping v icious one in the institution until they serv e their full
sentence

DIFFERENCE BETWEEN PAROLE AND PROBATION

Parole Probation
Is an administrativ e It is a judicial function
function of the executiv e
branch Gov ernment
Is an extension of Substitute for
institutional treatment imprisonment
Granted by BPP Granted by the Judge
Parolee is superv ised by Probationer is supervised
the parole officer by the probation officer
Offender serv es part of Conv icted offender does
the sentence in prison not need to go to prison
before he is released

CONDITIONAL PARDON DISTINGUISHED FROM PAROLE

The purpose of conditional pardon and parole is the same –the released of a prisoner
who is already reformed in order that he can continue to serve his sentence outside of
the institution ,thus giving him the opportunity to gradually assume the responsibil ities of a
freeman .Both releases subject to the same set of condition ,a v iolation of any of such
condition s will subject the parolee or pardonee to be recomitted to prison. The only
difference between the two is the is the granting authority . In Parole the granting
authority is the board of Pardon and Parole .while in conditional Pardon the granting
authority is the President

PAROLE AND INDETRMINATE SENTENCE LAW

Indeterminate sentence is closely connected with parole .An indeterminate sentence is


one with minimum and maximum periods of imprisonment .the prisoner is not eligible for
parole consideration until he has served his minimum sentenced Ideally the gap
between the minimum and maximum sentences should be wide in order that the
process of rehabilitation in prison may be continued long enough to make certain its
effect

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Note: the first indeterminate sentence law in US was passed in New York at the initiative
of well known penologist Brockway

THE BOARD OF PARDON AND PAROLE

The board of pardon and parole is the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant ,except in cases of
impeachment ,reprieves ,commutation and pardon after conviction by final judgment

COMPOSITION OF THE BOARD OF PARDON AND PAROLE

The BPP are composed of 7 members all appointed by the President of the Philippines
with the:

1. secretary of justice - chairman


2. sociologist - member
3. clergyman - member
4. Penologist - member
5. Educator - member
6. Lawyer - member
7. At least one woman - member

Note: In practice one of the under secretaries of justice is serving as acting chairman

Eligibility for review and disqualification

A prisoner case shall not be eligible for review by the board unless

a) the prisoner is confined in prison or jail to serve an indeterminate sentence ,the


maximum period of which exceeds one 1 year ,pursuant to a final judgment of
conviction ,which has become final and executory and
b) He has served the minimum of said sentence.

DISQUALIFICATION FOR PAROLE

Section 2, Act 4103 prov ides that parole shall not be granted to the following prisoners:

1) those conv icted of an offense punished with death penalty, reclusion perpetua
or life imprisonment;
2) those conv icted of treason, conspiracy or proposal to commit treason or
espionage;
3) those convicted of piracy or mutiny on high seas or Philippine waters;
4) those who are habitual delinquents, i.e. those who, within a period of ten (10)
years from the date of release from prison or last conv iction of the crimes of

143
serious or less serious physical injuries, robbery, theft, estafa, and falsification are
found guilty of any of the said crimes a third time or oftener.
5) those who escaped from confinement or ev aded sentence;
6) those who having been granted conditional pardon by the President of the
Philippines shall violate any of t he terms thereof;
7) those whose maximum term of imprisonment does not exceed one year or
those with definite sentence;
8) those suffering from any mental disorder as certified by a gov ernment
psychiatrist/psychologist:
9) those whose conv iction is on appeal or has not yet become final and
executory;
10) those who hav e pending criminal cases;
11) those national prisoners serving sentence in a municipal, city, district or
prov incial jail unless the confinement is in good

NATIONAL PRISONERS

A national prisoners ,for the purpose of these Rules ,is one who is sentenced to

1. a maximum term of imprisonment of more than 3 years or


2. fine of more than five thousand pesos or
3. one sentenced for violation of custom law or.
4. Other law within the jurisdiction of the Bureau of customs or enforceable by it or
5. To one sentenced to serv e two or more prison sentences in the aggregate
exceeding the period of three years

DEFINITION OF TERM

1) Board -refers to board of pardon and parole


2) Carpeta- refers to institutional record of an inmate which consist of his mitimmus
or commitment order issued by the court after conv iction the prosecutor
information and the decision of the trial courts and appellate courts ,if any
certificate of non appeal ,certificate of detention and other pertinent
documents
3) Director –refers to the director of buraeu of corrections.
4) Parole- refers to the conditional release of prisoner from a correctional
institution after he serve the minimum of his prison sentence
5) Parole supervision – refers to the supervision /surv eillance by the probation and
parole officers of a parolee.
6) parolee- refers to a prisoner who is released on parol
7) Penal superintendent – refres to the officer incharged of the new Bilibid
prison,CIW ,prison and penal farm of the bureau of corrections.
8) Prison record- refers to information concerning an inmates ‘s personnal
circumstances ,the offense he committed ,the sentence imposed in the trial and
appellate courts.

144
9) Probation and parole officers- refers to the probation and parole officer
undertaking the supervision of the parolee
10) Regional director-refer to the head of the probation and parole administration in
Region .
11) Released document refers to the discharged of on parole issued by the board.

FORM OF CONTENT OF PETITION

A parole case may be reviewed by the board upon petition or motu propio. where
petition is filed by ,or on behalf of ,a prisoner ,the form of said petition shall clearly
substantially comply what that prescribed by the board and shall clearly show the
following;

a) the prisoner case eligible for review by the board


b) he is not disqualified from being granted parole

TRANSMITTAL OF CARPETA AND PRISON RECORD

The Director or warden concerned shall send a prisoner‘s prison record and carpeta to
the board at least 1 month prior to the date when his case shall be eligible for review

PUBLICATIONS OF NAMES OF PRISONERS BEING CONSIDERED FOR PAROLE

The board shall cause the publication in news paper of general circulation the names of
prisoners conv icted of heinous crime or those sentenced to reclusion perpetua to an
indeterminate prison term and may be considered for release on parol

NOTICE TO OFFENDED PARTY

In addition to the publication in a news paper of national circulation ,the offended party
or his immediate relatives in the ev ent that the offended party is unable or otherwise not
av ailable shall be notified personally or by registered mail and giv en a period of 30 days
from notice within which to communicate their comment to the board regarding the
contemplated grant of parole to the prisoner

DEFERMENT OF PAROLE WHEN SAFETY COMPROMISED

If based on the report on pre-parole inv estigation conducted on the prisoner ,there is
clear and conv incing evidence that his release on parole will endanger his own life or
those of his relatives ,his witnesses ,and the community ,the release of prisoner referred
until the danger .ceases

FACTOR TO BE CONSIDERED IN REVIEW OF PAROLE CASES

The following factors may be considered by the board in its review of a parole case

145
a) The degree of prisoner’s rehabilitation and his institutional behav ior or conduct
b) Prev ious criminal record ,if any the risk to other person’s including the v ictim and
witnesses and their family and friends ,or the community in general ,or the
possibility of retaliation by the victim ,his family and friends
c) The gravity of the offense and the manner in which it was committed ,and
prisoner’s attitude towards the offense and his degree of remorse
d) Evidence that the prisoner will be legitimately employed and upon release. Or
has a place where he will reside
e) The age of the prisoner and the av ailability of after –care services for the
prisoner who is old ,seriously ill or suffering from physical disability

GRANT OF PAROLE

He board may grant a prisoner parole based on reports regarding the prisoner’s work
and conduct and on the study and inv estigation by the board itself and it finds the
following circumstances
a) that the prisoner is fitted by his training for released
b) That there is reasonable probability that if released ,he will live and remain at
liberty without v iolating the law
c) That his release will not be incompatible with the welfare of society

MEETINGS

the board shall meet in executiv e session regularly or upon the call of the chairman
QUORUM

a majority of all the members of the board shall constitute a quorum

BOARD ACTION

A majority of the members of the board constituting a quorum shall be necessary to


support a decision of the board or to carry out any action. However, in order to grant
parole ,to modify any of the term and condition appearing in a release document ,to
order the arrest and recommitment of a parolee, the decision or action must be
supported by at least four v otes of the member of the board

The minutes of the meeting of the board shall show the v otes of its individual members
and reason or reasons for voting for or against any matter presented for the approval of
the board .any dissent from the decision to grant parole shall be reduced in writing and
shall form part of the records of the proceedings

RELEASED, FORM OF RELEASE DOCUMENT

146
A prisoner shall be released upon the grant of parole .such grant of parole shall be
ev idenced by the released document ,which shall be in the form prescribed by the
board and shall contain the latest 1’X 1” photograph and right thumbprint

TRANSMITTAL OF RELEASED DOCUMENT

The board shall send a copy of the Release document to the prisoner through the
director of corrections or W arden of the jail where he is confined .on the date of actual
release of the prisoner ,the director or warden concerned shall send a certification of
said release to the probation and Parole officers specified in the Release Document.

PAROLE SUPERVISION

After released from confinement ,the parolee shall be placed under the supervision of
the Probation and parole officer specified in the released document so that the former
may be guided and assisted towards rehabilitation .the period of parole supervision shall
extend up to the expiration of the maximum sentence which should appear in the
released document

PRESENTATION OF PAROLE AND PAROLE OFFICER

Within the period of prescribed in his release document ,the Parolee shall present himself
to the probation and parole officer specified i n the released documents for supervision

If the parolee fails to report within forty (45) days from the date of his release from
confinement ,the probation and parole officer shall inform the board of such failure for
the boards appropriate action

ARRIVAL REPORT

Within 15 working days from the date when the parolee reported for supervision ,the
probation and parole officer concerned shall inform the board through the technical
service of the Probation and parole administration of such fact

MANDATORY CONDITION

It shall be mandatory for a parolee to comply with the terms and condition appearing in
the release documents
Review and modification of conditions

The board may,motu prpio or upon recommendation for the probation and parole
administration ,revise or modify and terms condition appearing in the the released
documents

TRANSFER OF RESIDENT

147
A parolee may not transfer from the place of residence designated in his released
documents without the prior written approv al of the Regional director subject to
confirmation of the board

OUTSIDE TRAVEL

A chief probation and parole officer may authorize a parolee to trav el outside his area
of operational jurisdiction for a period of not more than thirty 30 days .a trav el for more
than 30 days shall be approv ed by the regional director .

TRAVEL ABROAD AND/OR WORK ABROAD

Any parolee under active supervision /surveillance who has no pending criminal case in
any court may apply for ov erseas work or travel abroad shall be approv ed by the parole
and probation administration subject to approv al by the board

DEATH OF PAROLEE

If a parolee dies during the parole supervision ,the probation and parole officer shall
immediately transmit a certified true copy of the parolee ‘s death certificate to the
board recomending the closing of the case ,Howev er ,in the absence of a death
certificate ,an offidavit narrating the circumstances of the fact of death from the
barangay c hairman or nay authorized officer or nay immediate relative where the
parolee resided ,shall suffice

INFRACTION /VIOLATION OF THE TERMS AND CONDITION OF TTHE RELEASE

1) A progress report when a parolee commits another offense during the period of
his parole supervision and the case filed against him has not yet been decided
by the court or on the conduct of the parolee while under supervision
2) Infraction report - when the parolee has been subsequently convicted of
another crime
3) A violation report - when a parolee commits any violation of the terms and
condition appearing in his release document or any serious deviation or non
observ ance of the obligation set forth in the parole supervision program .

ARREST OF PAROLEE

Upon receipt of an infraction report the board may order the arrest or recommitment of
the parolee

EFFECT OF RECOMMITMENT OF PAROLEE

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The parolee who is recommitted to prison by the board shall be made to serve the
remaining unexpired portion of the maximum sentence for which he was originally
committed to prison

WITHDRAWAL OF RELEASED DOCUMENT

The board may recommend the withdrawal of the released document if it find that
material information given by the parolee of the board ,either before or after release
was false or incomplete, or that the parolee had willfully or maliciously concealed
material information from the board

SUMMARY REPORT

After termination of the maximum sentence of a parolee ,the probation and parole
officer concerned shall submit to the board ,through the chi ef probation and parole
officer a summary report of his supervision of a parolee

The clearances from the police , court, prosecutor’s office and barangay official shall be
attached to the summary report .

CERTIFICATE OF FINAL RELEASED AND DISCHARGED

Upon receipt of the summary report ,the board shall upon recommendation of the chief
of the probation and parole officer that the parolee ha substantially complied with all
the conditions of his released document .issue to the parolee a certificate of final
released and discharged

EFFECT OF CERTIFCATE OF FINAL RELEASED AND DISCHARGED,

Upon the issuance of a certificate of final released and discharged ,the parolee shall be
finally released and discharged from the conditions appearing I n his release document
Howev er , the accessory penalties remitted of the law which hav e not been expressly
remitted therein shall subsist.

TRANSMITTAL OF CERTIFCATE OF FINAL RELEASED AND DISCHARGED

The board shall forward a certified true copy of the certificate of final release and
discharge to the parolee, the court which imposed the sentence, the Probation and
Parole officer concerned ,the Bureau of Corrections ,the National Bureau of inv estigation
,the Philippine National Police and the office of the President.

DISTINGUISH PROBATION.PAROLE AND PARDON.

149
Probation is a disposition by which a person convicted of a criminal offense is not sent to
prison by the sentencing court, but is released and placed under the supervision of a
probation officer subject to conditions which the court may impose.

Parole is the conditional release of an offender from prison after serving part of his
sentence.

Pardon may be conditional and absolute; it refers to the exemption of a prisoner, with or
without certain the limits or conditions from the punishment imposed by law for the
offense he has committed, resulting to the partial extinction of his criminal liability in the
case of a Conditional Pardon, or the absolute restoration of his civil rights and remits the
penalty imposed for the offense of which he was conv icted, in the case of Absolute
pardon.

150
CHAPTER 1V
BASIS FOR TEMPORARY RELEASE OF A DETAINED PERSON

Temporary release of detain person

W hen a person is Arrested or otherwise depriv ed of his liberty for the alleged commission
of an offense ,he may av ail of the legal remedies provided and guaranteed by the
constitution ,statutes ,and the Rules of Court for his temporary released. these incl udes
the application for bail or recognizance and habeas corpus .

where the accused is already convicted ,or is serving the penalty imposed by the trial
court There are however legal remedies also for the conv ict to regain his liberty by virtue
of ,or grant of pardon, amnesty, parole, probation, etc subject to limitation and
condition by the issuing authority

Meaning of detention /detainee, detention prisoner

Detention as defined by the Philippine National police is a restraint of personal liberty or


depriv ation of freedom of action in any significant manner
Detainee as defined by the BJMP refers to a person who is accused before the court or
competent authority and is temporary confined in jail while undergoing or awaiting
inv estigation ,trial ,or final judgment ..

Detention prisoner- refers to a person arrested due to commission of a crime by the


arresting unit for custodial inv estigation.it likewise includes a person arrested for crimes
,which are heinous in nature ,against national security ,and high profiles crime.

Basis for temporary released of detained person

1: under the 1987 constitution-

the 1987 Philippine constitution allows two modes by which a person under custody May
be released temporarily from detention before conv iction of the offense charged

151
a. bail and
b. released on recognizance as may
be prov ided by law

2. under the rules of court

Rule 102 of the rules of court provides for habeas corpus ,a speedy and effectual
remedy to relieve a person from unlawful restrain and therefore issue when someone is
depriv ed of liberty

Definition concept and purpose of bail


Bail defined-

Bail- is the security giv en for release of a person in custody of law ,furnished by him or a
bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified. Bail may be giv en in the form of corporate surety
,property bond ,cash deposit, or recognizance .

Different form of bail

1: Corporate surety-

any domestic or foreign corporation ,licensed as surety in accordance with law and
currently authorized to act as such ,may prov ide bail by abond subscribed jointly by the
accused and an officer of the corporation duly authorized by its board of directors.

2: A property bond-

is an undertaking constituted as lien on real property giv en as security for the amount of
the bail within 10 days after the approv al of the bond,the accused shall cause the
annotation of the lien on the certificate of title on file with the registry of deeds if the
land is registered or if unregistered ,in the registration book on the space provided
therefore ,in the registry of deeds if the land is registered ,or if unregistered ,in the
registration book on the space provided therefore ,in the registry of deeds for the
prov ince or city and municipal assessor concerned. W ithin the same period ,the
accused shall submit to the court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond and his re arrest and
detention.

3: Recognizance

whenev er allowed by law or these rules ,the court may release a person in custody on
his own recognizance or that of a responsible person.

4: Deposit of cash as bail

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the accused or any person acting in his behalf may deposit in cash

with the nearest collector of internal rev enue or provincial ,city, or municipal
treasurer ,or the clerk of court where the case is pending the amount of bail
fixed by the court ,or recommended by the prosecutor who investigated or file
the case .upon submission of a proper certificate of deposit and a written
undertaking showing compliance with the

Condition of bail

all kinds of bail are subject to the following conditions

1. The undertaking shall be effective upon approv al ,and unless cancelled shall
remain in force at all stages of the case until promulgation of the judgment of
the RTC .irrespectiv e of whether the case was originally filed in or appealed to it
.

2. The bondsman shall surrender the accused to the court for execution of the final
judgment.

3. The accused shall appear before the courts whenev er required by the court or
these rules the failure of the accused to appear at the trial without justification
despite due notice shall be deemed a waiv er of his right to be present thereat
,in such case ,the trial may proceed in absentia: and

4. That failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat.
In such case. The trial may proceed in absentia .and

When bail is discretionary

upon conviction by the regional trial court of an offense not punishable by death
,reclusion perpetua or life imprisonment , If the penalty imposed by the trial court is
imprisonment exceeding six years ,the accused shall be denied bail ,or his bail shall be
cancelled upon showing by the prosecution ,with notice to the accused ,of the
following or other similar circumstances .

a) That he is recidivist ,quasi recidivist or habitual delinquents ,or has committed a


crime aggrav ated by circumstances of reiteration.
b) That he has previously escaped from legal confinement ,ev aded sentence ,or
violated the condition of bail without v alid justification;
c) That he committed the offense while under probation ,parole or conditional
pardon

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I. That the circumstances of his case indicate the probability of flight if
released on bail
II. There is undue risk that he may
Guidelines or factor to be considered in fixing the amount of bail commit another
crime during the pendency of the appeal .

GUIDELINES IN FIXING THE AMOUNT OF BAIL.

1. Financial ability of the accused to give bail.


2. Nature and circumstances of the offense charged
3. Penalty for the offense charged
4. Age and health of the accused
5. Weight of evidence against the accused.
6. Probability of the accused appearing at the trial
7. Forfeiture of other bail
8. The fact that the accused was a fugitive from justice when arrested
9. The fact that the accused was a fugitive from justice when arrested ;and
10. Pendency of other cases where the accused is on bail

Where bail may be filed

May be filed with the court where the case is pending ,or in the absence or
unav ailability of the judge thereof ,with any regional trial judge ,or any inferior court
judge ,in the prov ince city or Municipality.

1) If the accused is arrested in a prov ince ,city or municipality other than where the
case is pending ,bail may also be filed with any regional trial court of the said
place ,or if no judge thereof is av ailable ,with any inferior court judge therein.
2) W henever the grant of bail is a matter of discretion ,or the accused seek to be
released on recognizance ,the application may be filed only in the particular
court where the case is pending 4. Any person in custody who is not yet
charged in court may apply for bail with any court in the province ,city or
municipality where he is held.
3) If the decision of the trial court convicting the accused changed the nature of
the offense from nonbailable to bailable ,the application for bail can only be
filed with and resolv ed by the appellate court.whether on trial or on appeal

Reason why the constitution prohibits imposition of excessiv e bail

Excessiv e bail means a bail set at the higher amount than that reasonably calculated to
ensure the presence of the accused at the trial. It is prohibited for the following reasons:
To safeguard the liability of the individual
Imposition of excessiv e bail amounts to nullifications of the rights to bail which is offensive
to the constitution
Right to bail would become meaningless .

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Who may not invoke the right to bail

1) it cannot inv oke where the applicant is not yet in custody of law because he
went into hiding and is at large ,Hence , a free man ev en when he has already
been criminaly charge in court.
2) It is also not av ailable to one charge with capital offense or an offense
punishable by reclusion perpetua.life imprisonment, when evidence of guilt is
strong

Remedy of accused when bail is denied

Rule 115, section 17 of the Revised rule of criminal proc edure provides that bail is
generally filed in the court where the case is pending ,where bail is denied by the trial
court,the remedy is special civil action (petition for certiorari) in the court of appeals and
not directly to the supreme court ,observing the rule in hierarchy of courts.

Indeed ,while the supreme court has concurrent jurisdiction with the court of appeals
to issue the writ of certiorari ,such concurrence does not give petitioner unrestricted
freedom of Choice Rule 115, section 17 of the Revised rule of criminal procedure
prov ides that bail is generally filed in the court where the case is pending ,where bail is
denied by the trial court,the remedy is special civil action (petition for certiorari) in the
court of appeals and not directly to the supreme court ,observing the rule in hierarchy of
courts.

choice of a forum on the matter of denial of bail .the period to file a special civil action
of certiorari is now sixty 60 days

Law allowing detain person to be released on recognizance

1) Presidential Decree 968 as amended (Probation law) allows released on


recognizance under section 7 paragraph 2 which prov ides that

Pending submission of investigation report And the resolution of the petition ,the
defendant may be allowed on temporary liberty under his bail filed in criminal
case ;Prov ided ,in case where no bail was filed or t

That the defendant is incapable of filing one, the court may allow the release of
the defendant on recognizance to the custody of responsible member of the
community who shall guarantee his appearance whenev er required by the
court2. under the child in conflict with the law PD 603. provides for the care of
youthful offender held for physical or mental examination or trial or pending
appeal ,if the youthful offender is unable to furnish bail , the youthful offender
shall from the time of his arrest be committed to the care of the DSW D or the
local rehabilitation center or detention home in the province or city which shall

155
be responsible for his appearance in court whenev er required ,or to the court
may ,in its discretion ,upon recommendation of the DSW D or other agencies

2) Authorized by the court ,released youthful offender on recognizance to the


custody ,to the custody of his parents or other suitable person who shall be
responsible for his appearance whenev er required.

3) RA 9344 otherwise known as the juvenile Justice and welfare act of 2006 prov ides
the following prov isions
section 34. bail –for the purposeRecomending the amount of bail ,the privileged.the
privileged mitigating of minority shall be considered

Section 35. released on recognizance –where a child in is detained ,

1. The court shall order the released of minor in recognizance to his or her parent
and other suitable person.
2. the released of the child in conflict with the law on bail
3. the transfer of the minor to youth detention home /youth rehabilitation center
4. Under the revised rule on children in conflict with the law SUPREME COURT A.M.
no 02 -1 -18 –SC, Nov 24 ,2009

Section 25. Release of children on recognizance to the parent ,guardian ,custodian ,or
nearest relativ e-the release of a child from a custody during the pendency of the case
inv olving a non serious offense as defined in sec 4 of this Rule may be order by the court
only after

A hearing for that purpose ,and upon fav orable recommendation of the s ocial worker
assigned to the child, with the conformity of the public prosecutor and the priv ate
complainant . The child shall be released to the custody of a wiling and responsible
mother or father ,or approriate guardian or custodian or in their absence the nearest
relativ e ,who shall be responsible for the child’s good behav ior and appearance in court
whenev er required

Release of detainee through habeas corpus

1. writ of habeas corpus-is a writ directed to a person detaining another


commanding him to produce the body of the prisoner at a designated time
and place ,and to show a sufficient cause of his caption and detention ,to do,
to submit, and receiv e whatever the court or judge awarding the writ shall
consider in that behalf .a writ of habeas corpus extend to all cases of illigal
confinement or detention by which a

2. A person is depriv ed of his liberty ,or by which the rightful custody of any person
is withheld from the person entitled to it .

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3. Writ of habeas data – is a remedy av ailable to any person whose right to priv acy
in life .liberty,or security is violated or threatened by an unlawful act or omission
of a public official of a or employee,or priv ate individual or entity engaged in
the gathering ,collecting or storing of data or information regarding the person
,family home and correspondence of the aggriev ed party.

4. writ of amparo – is a remedy to any person whose right to life ,liberty and
security is violated or threatened with violation by an unlawful act or omission of
a public official or employee ,or of a priv ate individual or entity .the writ shall
cov er extra judicial killing and enforce disappearance.

To what habeas corpus extend

Except as otherwise expressly provided by law ,the writ of habeas corpus shall extend to
all cases of illegal confinement or detention by which any person is depriv ed of his liberty
,or by which the rightful custody of any person is withheld from the person entitled
thereto.

Who may grant habeas corpus

The writ of habeas corpus may be granted by the supreme court or any member thereof
,on any day and any time ,or by the court of appeals or any member thereof in the
instances authorized by law ,and if so granted it shall be enforceable anywhere in the
Philippines and may be made returnable before a court of first instance (RTC) or any
judge thereof for hearing and decision on the merits .it may also be granted by the RTC
or a judge thereof ,on any day and at any time ,returnable before himself ,enforceable
only within his judicial district

CHAPTER V
FORMS OF EXECUTIVE CLEMENCY

157
Executive clemency defined

Clemency simply means leniency or mercy. a power given to public official. such as
governor or the president ,to in some way lower or moderate the harashnes of
punishment imposed upon a prisoner clemency is considered to be an act of grace .it is
based on the policy of fairness .justice ,and forgiv eness .it is not a right but rather a
privileged ,and one who is granted clemency does not have the crime forgotten as in
amnesty ,but is forgiv en and more treated more leniently for the criminals

IT is the power of the president in state convictions ,to pardon a person convicted of a
crime ,commute the sentence or reduce it from death to another lesser sentence. there
are many other reasons for exercising this, power including real doubts about the guilt of
the party, apparent excessive sentence, humanitarian concerns such as illness of an
age inmate.

To clear the record of someone who has demonstrated rehabilitation or public service,
because the party is a political or person friend of the Gov ernor.

It is executive function and not a function of the judiciary . It is also a non delegable
power and it can only be exercise by the president of the Philippines personally

The constitutional basis of executive clemency

Section 19 of article VII of the 1987 constitution authorizes the president of the Republic
of the Philippines to grant not only pardon but also reprieve ,commutation of sentence
,remission of fines and forfeitures , after conv iction by final judgment.

He shall also hav e the power to grant amnesty with the concurrence of the of majority of
all members of the congress.

Limitation on the power of congress to grant amnesty

1) It cannot be granted in cases of impeachment.


2) It cannot be granted in cases of v iolation of election law without fav orable
recommendations of commission on election
3) It can only be granted after conv iction by final judgment

Form of executive clemency

1. Pardon – it is an act of grace given by those charged with the power and
authority to execute laws which exempts the individual subject of pardon from
the punishment which the law inflict for the crime he has committed.

2. Reprieve- the execution of the sentence is stayed or postponed

158
A reprieve differs from a pardon

Parole -Refers to the conditional release of an offender from a correctional institution


after he has served a minimum of his prison sentence. .the person released from
parole is released from imprisonment but his liberty is not fully restored because the
parolee is still considered in custody of the law although he is not in confinement

3. Amnesty – is an act of grace giv en with the concurrence of congress .it is usually
extended to groups of person who committed political offenses .it abolishes the
offense itself.

4. commutation –mitigates or reduces the penalty itself commutation is a remission


of a part of the punishment,a substitution of a less penalty for the one originally
imposed

5. Remission of fine and forfeitures- it should be noted that remission of fine and
forfeitures merely prevents the collection of fines or the confiscation of forfeited
property .it cannot hav e the effect of returning property which has been vested
in third parties or money in public treasury

The president can remit a fine or forfeiture only with r espect to those within the
interest of the estate and not those of the priv ate parties whose right hav e been
vested and fixed by the judgment .fines and forfeiture already paid to the treasury
cannot be remitted either since any disbursement of funds there from require
legislation.

Is the suspension of sentence the same as reprieve

No suspension of sentence is always a part of the judicial power while repriev e is


always a part of the executive power .the suspension of sentence simply postpones
the judgment of the court but the conviction and liability following it ,and all civil
disabilities .remain and become operativ e when judgment rendered Repriev e on
the other hand ,is prerogativ e exercise by the president of the Philippines .generally
it is applied to death sentences affirmed by the supreme court

The instances when sentence may be suspended

The following are instances or situation in criminal cases wherein the accused either as
an adult or as minor, can apply for and /or be granted a suspended sentence

1. where the accused became insane before sentence could be promulgated


2. W here the offender ,upon conviction by trial court ,filed an application for
probation which has been granted3. where the offenders need to be confined
in a rehabilitation center because of drug dependency although convicted of
the crime charged

159
3. where the offender is a youthful offender under art 192.PD 603 otherwise
referred to as child in conflict with the law
4. where the crime was committed when the offender is under 18 years of age
and he is found guilty thereof in accordance with Ra 9344
5. the death sentence shall be suspended upon the woman while he is pregnant
or within one year after delivery
6. suspension of sentence of first time minor offender under art 66 of Ra 9165
known as comprehensive dangerous drug act of 2002

Different kinds of pardon

1. absolute pardon –refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition .it restore to the individual
his civil and political rights and remit the penalty imposed for the particular
offense of which he was convicted

2. conditional pardon refers to the exemption of an individual ,within certain limits


or condition ,from punishment the law inflict for the crime he has committed
Resulting in the partial extinction of the criminal liability

A conditional pardon is in the nature of a contract between the chief executiv e and
the convicted criminal ,the convict consent to the term stipulated in the contract
,the convict has placed himself under supervision of the chief executiv e or his
delegate who is duty bound to see to it that the convict complies with the
conditions of pardon

Ways of extending conditional pardon

1. through the operation of the indeterminate sentence law.


2. Through the grant of probation under the probation law
3. Through the exercise of the President ,motu propio ,of the power under the
constitution

Similarities of absolute and conditional pardon

A pardon whether absolute or conditional is in the nature of deed ,for the v alidity which
delivery is indispensable requisites .untill accepted ,all benefits to the grantee may be
cancelled but once accepted by the grantee ,the pardon already deliv ered cannot be
rev oked by the authority which granted it

3.general pardon- is a pardon which applies to all persons falling within a certain
category.

160
4. special pardon- is a pardon which is concede to a single individual for an ordinary
crime.

A pardon granted after conviction frees the individual from all the penalti es and legal
disabilities and restores him to all his civil rights ,But unless expressly grounded on the
person innocence ,it cannot bring back lost reputation for honesty ,integrity and fair
dealing.

What agency recommend to the President the grant of Pardon


Pardon may be granted by the president of the Philippines upon recommendation of
the board of pardon and parole .the Bpp is the agency in charge with the release of
sentenced prisoners based on modes specified by law .its action or proceeding is
governed by the provision of section 4 of Act No 4103. otherwise known as the
indeterminate sentence law ,as amended ,and execuitve order no 292 otherwise known
as the administrative code of 1987 .

What is the effect of pardon by the chief executive

1) an absolute pardon extinguishes the criminal liability of the offender


2) It does not exempt the culprit from payment of the civil indemnity imposed in
the sentence
3) it does not restore the right to hold the public office or the right of suffrage unless
such right expressly restore by the term of the pardon

What are remedies of the state if condition of pardon is violated

Under section 64 of the RAC ,the chief executiv e is authorized to order the arrest and re
incarceration of any such person who ,in his judgment ,shall fail to comply with the
condition or conditions of his pardon ,parole or suspension of sentence Upon
determination that a prisoner granted a conditional pardon has violated the conditions
thereof ,the
Thus when the condition is violated the offender is considered in ev asion of the service of
sentence and shall be:

1) re arrested and reincarcerated by order of the president under RAC


2) Prosecuted under art 159 of the RPC when the penalty remitted is 6 years and
below ,there will be an additional penalty, ov er six years ,the remaining
sentence shall be served without additional penalty

Distinguish amnesty and absolute Pardon

1) In amnesty ,the effects of crime are erased or wipe out Consequently ,the
convict is deemed innocent as if no crime in absolute pardon ,the convict is
excused was committed at all, from serving the sentence but does not erase
the effects of conviction.

161
2) amnesty may be granted ev en if the offender has not yet conv icted by v irtue of
a final judgment . It may be giv en before or aft er final judgment .on the
otherhand for absolute pardon to be v alid ,there must be a final and executory
judgment
3) amnesty is a public act that requires the concurrence of congress while
absolute pardon is a priv ate act of the chief executive .
4) amnesty is giv en to class or group of offenders while absolute pardon is given to
an individual conv ict
Amnesty is extended only to offenders of political crimes while absolute pardon may be
granted whether the crime is political or non political

Distinguish conditional pardon and parole


1) the chief executiv e giv es conditional pardon after conviction under he prov ision
of the Revised administrativ e code; the Board of pardon and Parole (BPP) giv es
a prisoner who has serv ed the minimum of an indeterminate sentence parole
2) for violation of the conditional pardon, the offender may either be rearrested to
serv e the remitted penalty or prosecuted under art 159 of the RPC for v iolation
of Parole ,the convict is rearrested to serve the unexpired portion of the penalty

Distinguish violation of CP from ESS by escaping

1. Violation of conditional pardon does not cause harm or injury to the right of
other persons nor does it disturb the public order ;its merely an infringement of
the terms stipulated in the contract between the chief executive and the
criminal. Ev asion of the service of sentence- is an attempt ,at least ,to ev ade the
penalty inflicted by the court upon criminals and thus defeat the purpose of the
law of either reforming or punishing them for having disturb the public order

162
CHAPTER V1
4103
(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])

163
AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS
CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A
BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the


Revised Penal Code, or its amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the rules of the said Code,
and the minimum which shall be within the range of the penalty next lower to that
prescribed by the Code for the offense; and if the offense is punished by any other law,
the court shall sentence the accused to an indeterminate sentence, the maximum term
of which shall not exceed the maximum fixed by said law and the minimum shall not be
less than the minimum term prescribed by the same.
chan robles v irtual law library

Sec. 2. This Act shall not apply to persons convicted of offenses punished with death
penalty or life-imprisonment; to those conv icted of treason, conspiracy or proposal to
commit treason; to those conv icted of misprision of treason, rebellion, sedition or
espionage; to those conv icted of piracy; to those who are habitual delinquents; to those
who hav e escaped from confinement or ev aded sentence; to those who having been
granted conditional pardon by the Chief Executive shall hav e v iolated the terms thereof;
to those whose maximum term of imprisonment does not exceed one year, not to those
already sentenced by final judgment at the time of approv al of this Act, except as
prov ided in Section 5 hereof. chan robles v irtual law library
.
Sec. 3. There is hereby created a Board of Pardons and Parole to be composed of the
Secretary of Justice who shall be its Chairman, and four members to be appointed by
the President, with the consent of the Commission on Appointments who shall hold office
for a term of six years: Provided, That one member of the board shall be a trained
sociologist, one a clergyman or educator, one psychiatrist unless a trained psychiatrist
be employed by the board, and the other members shall be persons qualified for such
work by training and experience. At least one member of the board shall be a woman.
Of the members of the present board, two shall be designated by the President to
continue until December thirty, nineteen hundred and sixty-six and the other two shall
continue until December thirty, nineteen hundred and sixty-nine. In case of any v acancy
in the membership of the Board, a successor may be appointed to serve only for the
unexpired portion of the term of the respective members. chan robles v irtual law library
Sec. 4. The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties. The Board is
empowered to call upon any bureau, office, branch, subdivision, agency or
instrumentality of the Gov ernment for such assistance as it may need in connection with
the performance of its functions. A majority of all the members shall constitute a quorum
and a majority vote shall be necessary to arrive at a decision. Any dissent from the
majority opinion shall be reduced to writing and filed with the records of the

164
proceedings. Each member of the Board, including the Chairman and the Executive
Officer, shall be entitled to receiv e as compensation fifty pesos for each meeting
actually attended by him, notwithstanding the provisions of Section two hundred and
fifty-nine of the Rev ised Administrative Code, and in addition thereto, reimbursement of
actual and necessary trav eling expenses incurred in the performance of duties:
Prov ided, howev er, That the Board meetings will not be more than t hree times a week.
chan robles v irtual law library

Sec. 5. It shall be the duty of the Board of Indeterminate Sentence to look into the
physical, mental and moral record of the prisoners who shall be eligible to parole and to
determine the proper time of release of such prisoners. W henev er any prisoner shall hav e
serv ed the minimum penalty imposed on him, and it shall appear to the Board of
Indeterminate Sentence, from the reports of the prisoner's work and conduct which may
be receiv ed in accordance wit h the rules and regulations prescribed, and from the
study and inv estigation made by the Board itself, that such prisoner is fitted by his training
for release, that there is a reasonable probability that such prisoner will live and remain
at liberty without v iolating the law, and that such release will not be incompatible with
the welfare of society, said Board of Indeterminate Sentence may, in its discretion, and
in accordance with the rules and regulations adopted hereunder, authorize the release
of such prisoner on parole, upon such terms and conditions as are herein prescribed and
as may be prescribed by the Board. The said Board of Indeterminate Sentence shall also
examine the records and status of prisoners who shall hav e been conv icted of any
offense other than those named in Section 2 hereof, and hav e been sentenced for more
than one year by final judgment prior to the date on which this Act shall take effect, and
shall make recommendation in all such cases to the Gov ernor -General with regard to
the parole of such prisoners as they shall deem qualified for parole as herein prov ided,
after they shall hav e serv ed a period of imprisonment not less than the minimum period
for which they might hav e been sentenced under this Act for the same offense. chan
robles virtual law library
Sec. 6. Every prisoner released from confinement on parole by v irtue of this Act shall, at
such times and in such manner as may be required by the conditions of his parole, as
may be designated by the said Board for such purpose, report personally to such
government officials or other parole officers hereafter appointed by the Board of
Indeterminate Sentence for a period of surveillance equiv alent to the remaining portion
of the maximum sentence imposed upon him or until final release and discharge by the
Board of Indeterminate Sentence as herein provided. The officials so designated shall
keep such records and make such reports and perform such other duties hereunder as
may be required by said Board. The limits of residence of such paroled prisoner during his
parole may be fixed and from time to time changed by the said Board in its discretion. If
during the period of surveillance such paroled prisoner shall show himself to be a law -
abiding citizen and shall not violate any of the laws of the Philippine Islands, the Board of
Indeterminate Sentence may issue a final certificate of release in his fav or, which shall
entitle him to final release and discharge. chan robles virtual law library
Sec. 7. The Board shall file with the court which passed judgment on the case, and with
the Chief of Constabulary, a certified copy of each order of conditional or final release

165
and discharge issued in accordance with the provisions of the next preceding two
sections.
Sec. 8. W henev er any prisoner released on parole by virtue of this Act shall, during the
period of surv eillance, v iolate any of the conditions of his parole, the Board of
Indeterminate Sentence may issue an order for his re-arrest which may be serv ed in any
part of the Philippine Islands by any police officer. In such case the prisoner so re-
arrested shall serv e the remaining unexpired portion of the maximum sentence for which
he was originally committed to prison, unless the Board of Indeterminate Sentence shall,
in its discretion, grant a new parole to the said prisoner. chan robles virtual law library
Sec. 9. Nothing in this Act shall be construed to impair or interfere with the powers of the
Gov ernor-General as set forth in Section 64(i) of the Rev ised Administrative Code or the
Act of Congress approv ed August 29, 1916 entitled "An Act to declare the purpose of
the people of the United States as to the future political status of the people of the
Philippine Islands, and to provide a more autonomous gov ernment for those Islands."
chan robles v irtual law library
Sec. 10. W henev er any prisoner shall be released on parole hereunder he shall be
entitled to receive the benefits provided in Section 1751 of the Rev ised Administrative
Code. chan robles virtual law library
Approv ed:
December 5, 1933.

Presidential Decree No. 968 - Probation Law of the Philippines


Criminal Laws

166
CHAPTER V11
PAROLE AND PROBATION ADMINISTRATION OMNIBUS RULES
ON PROBATION METHODS AND PROCEDURES

Pursuant to the authority v ested by law on the Secretary of Justice, the


following implementing Rules and Regulations are hereby promulgated according to
the provisions of Section 19 (d) and 6 of Presidential Decree (PD) No. 968, the
Probation Law of 1976, embodied in Sections 23-25, Chapter 7, title III, Book IV,
Executive Order No. 292, otherwise known as the Administrativ e Code of 1987.

I. GENERAL PROVISIONS

Section 1. Title. – These Rules shall be known and sited as the “Parole and
Probation Administration Omnibus Rules on Probation Methods and Procedures” or, for
brev ity, “Probation Rules” or simply “Rules”

Section 2. Policy Objectiv es and Declared Purposes. – These Rules are


adopted to carry out to purposes of PD 968, as follows:

a) to promote to correction and rehabilitation of an offender by prov iding him


with indiv idualized community based treatment;

b) to provide an opportunity for his reformation and re-integration into the


community; and

c) to prev ent the commission of offenses.

Section 3. Liberal Construction – These Rules shall be liberally construed so as


to successfully, efficiently, and effectively implement, carry out and effectuate the
social justice spirit, intent and rationale or, summarily, the “spirit and intent”, of the
Probation Law, and the pertinent provisions of the Administrative Code of 1987, and
the policy objectiv es and declared purposes of these Rules, in line with the well-
settled social justice orientation of the 1987 Constitution.

In the event of doubt, or conflict the spirit and intent of the Probation Law and
these Rules shall prev ail ov er the letter or literal provisions thereof, considering that they
partake of social legislation and are special laws in nature and character.

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Section 4. Definition of terms – As used in these Rules, unless the context
prov ides otherwise, the following terms shall be construed, thus:

(a) “Probation” – a disposition under which a defendant, after conviction and


sentence, is released subject to conditions imposed by the Trial Court and to the
superv ision of a Probation Officer.

(b) “Petitioner” – a conv icted defendant who files an application for probation;

(c) “Probationer” – a person who is placed under probation ;

(d) “Probation officer” – public officer like the Chief Probation and Parole Officer
(CPPO), supervising Probation and Parole Officer (SPPO), Senior Probation and Parole
Officer (SrPPO), Parole and Probation Officer II (PPOII), or Parole and Probation Officer
I (PPOI), who inv estigates for the Trial Court a referral for probation or supervises a
probationer or does both functions and performs other necessary and related duties
and functions as directed;

(e) “Trial Court” – refers to the Regional Trial Court (RTC) of the province or
City/Municipal Court which has jurisdiction ov er the case;

(f) “Probation Office” – refers either to the Provincial or City Probation Office directed
to conduct inv estigation or supervision referrals as the case maybe;

(g) “Probation Order” – order of the Trial Court granting Probation.

The appearance of the abov e-mentioned Parole and Probation Administration (PPA)
officials, upon written inv itation or order of the Trial Court, may be on issues on
Probation services only not on legal questions, the latter issue being within the
prov ince of the courts to decide or resolve.

Section 5. Amicus Curiae – Upon written inv itation by the Trial Court, the
Administrator and/or Deputy Administrator, for the Agency Lev el, Regional Director, for
the Regional Lev el, Chief Probation and Parole Officers for the City or Provincial Lev el
may appear as amicus curiae on any probation inv estigation and superv ision issue,
concern or matter.

II. APPLICATION FOR PROBATION

Section 6. Filing. – Application for probation shall be filed with the Trial Court
which has jurisdiction ov er the case.

Section 7. Time for Filing. – The applicant shall file his application with the Trial
Court at any time after conviction and sentence but within the period for perfecting
his appeal as provided by the Rules of Court.

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Section 8. Form. – The application for probation shall be in the form approv ed
by the Secretary of Justice as recommended by the Administrator or as may be
prescribed by the Supreme Court. Offical form or Xerox copy at the same time may be
obtained or secured from any City or Pov incial Parole and Probation Office for free.

Section 9. Notice of the Prosecuting Officers of the Filing of the Application. –


the Trial Court may notify the concerned Prosecuting Officer of the filing of the
application at a reasonable time it deems necessary, before the scheduled hearing
thereof.

Section 10. Comment. – the Prosecuting Officer may submit his comment(s), if
any, on the application within a reasonable time given to him by the Trial Court from
his receipt of the notice to comment.

Section 11. Referral to Proper Probation Office. – If the Trial Court finds that the
application is in due form and the applicant appears to be qualified for the grant of
Probation, it shall order the City or Provincial Parole and Probation Office within its
jurisdiction to conduct a Post -Sentence Inv estigation (PSI) on the applicant and submit
the Post-Sentence Inv estigation Report (PSIR) within sixty (60) days from receipt of the
order of said court to conduct such investigation with findings and recommendation
as stated in PD 968, as amended.

Section 12. Docket Book. – All court orders for PSI, copies of which were
receiv ed by the Probation Office, shall be numbered consecutiv ely in the order
receiv ed by said Office and recorded in its Docket Book for the purpose, indicating
therein, among others, the date of receipt thereof, court, its branch and address,
applicant’s name, criminal case number, description/designation of the offense,
penalty imposed, and other related data and information.

Corollary to this, the trial court may direct the applicant to report to the proper
probation office within seventy-two (72) hours from the receipt of such order.

Section 13. Effects of filing and receipt. –

(a) The Trial Court may, upon receipt of the application filed, suspended the
execution of the sentence imposed in the judgment.

(b) Pending the submission of the PSIR (PPA Form 3) and the resolution on the
application, the applicant may be allowed on temporary liberty under his bail fil ed in
the criminal case: Prov ided, that, in case where no bail was filed or the applicant is
incapable of filing one, the trial court may allow the release of the applicant on
recognizance to the custody of a responsible member of the community who shall
guarantee his appearance whenev er required by the trial court.

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III. POST-SENTENCE INVESTIGATION

Section 14. Assignment. – After receipt from the trial court, the City or Provincial Parole
and Probation Office concerned, through the CPPO shall assign the s ame to the office
clerk for docketing and ev entual assignment to a subordinate inv estigating Probation
Officer for the conduct of the PSI or conduct such inv estigation himself.

Section 15. Initial Interview Work Sheet: W aiv er. –

(a) Within fiv e (5) working days from receipt of said delegated assignment (or
self- assignment), the investigation probation officer on case (or chief probation and
parole officer) shall initially interview the applicant if the appeared in the probation
officer upon response t o the seventy-two (72) hours limitation giv en to him by the trial
court. if not, the probation officer on case may write the applicant in his court giv en
address, or personally visit applicant`s place to schedule an initial interview at the
probation officer.
During such initial interview, the probation officer on case or CPPO shall
require the applicant to accomplish and sign a post -sentence inv estigation work sheet
(PPA form 1). The inv estigation probation officer on case or CPPO shall conduct further
inv estigation bases on the information contain therein.

(b) A waiver-Cum-authorization (PPA form 2), authorizing the PPA and /or the
probation officer to secure any and all information on the applicant, shall be duty
executed and signed by him.

Section 16.scope and extent – after accomplishing the post -sentence


inv estigation work sheet and the W aiv er-Cum-Authorization, he same shall be
immediately submitted to the probation office. The inv estigating probation officer on
case or CPPO shall conduct a thorough inv estigation on the antecedents, mental and
physical condition, character, socio-economic status and criminal records. If the any,
of the applicant and the institutional and community resources av ailable or his
rehabilitation.

In case applicant has a criminal record(s), such should be v erified with the
proper gov ernment agency(ies) as to its disposition/resolution which has/have to be
property reflected in the PSIR.

For the sake of obtaining addition information or clarity conflicting data, the
inv estigating probation officers on case may conduct further and interv iew to av oid
discrepancies of facts/information.

The inv estigating probation officer on case or CPPO shall assess and recommend or
prescribe the suitable probation treatment and superv ision program upon the
applicant, if granted probation.

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Section 17. collateral information – during the conduct of the PSI, collateral information
must be gather from those persons who hav e direct personal knowledge of the
applicant, offended party., family member, and/or their relativ es, including barangay
officials and disinterested persons.

Section 18. subsequent or further interviews – to obtain additional data, counter


check, or clarity discrepancy/ies between the information receiv ed from the
applicant and those secured from other sources, the inv estigating probation officer on
case or CPPO may conduct subsequent or further interview on the applicant and/or
other persons and deemed appropriate.

Section 19. nature of interview – the data and information gathered from the interview
of the applicant and/or other persons and from other collateral information, as well as
law enforcement agencies, shall be strictly privileged and confidential in nature.

During such interview and information-gathering processes, the applicant those not
necessarily to be represented and assisted by counsel

Section 20. Confidentiality of Post -Sentence Inv estigation Information. - The


inv estigating Probation and Parole Officer on case or CPPO shall inform the applicant
of the confidential nature of the information taken during the PSI and the limited
scope and extent, whereby said information, may be disclosed only to some statutorily
designated authorities and entities pursuant to Section 17 of PD 968, as amended, and
Section 64 of these Rules.

Section 21. Absconding Applicant. - If the applicant whose application for Probation
has been giv en due course by the proper court has failed to present himself/herself to
the proper office within sev enty-two (72) hours from his/her receipt of the Probation
Order or within reasonable time therefrom, said office shall first exert best diligent
efforts to inquire on, search, find and locate his/her whereabouts before it shall report
such fact with appropriate recommendation to t he proper court, considering the
surrounding circumstances of place, date and time, his/her health condition and other
related factors.

IV. POST-SENTENCE INVESTIGATION REPORT

Section 22. Submission. – After the completion of the PSIR (PPA Form 3), the probation
Office shall submit such PSIRto the Trial Court within the period prescribed in Section
7nof the Probation Law of 1976,as amended, or within the period ordered by the Trial
Court.

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Section 23. Purpose. - The PSIR aims to enable the Trial Court to determine whether or
not the ends of justice and the best interest of the public primarily, as well as that of
the applicant, would be serv ed by the grant or denial of the application.

Section 24. Contents. – (a) The PSIR shall contain, among others, the following:

(i) circumstances surrounding the crime or offense for which the applicant was
convicted and sentenced, taken from the applicant himself, offended party and
others, who might hav e knowledge of the commission of the crime or offense, and
pertinent information taken from the police and other law enforcement agencies, if
any, and Trial Court records;

(ii) details of other criminal records, if any;

(iii) personal circumstances, educational, economic and socio-civic data and


information about the applicant;

(iv ) characteristics of applicant, employable skills, employment history, callateral


information;

(v ) ev aluation and analysis of the applicant’s suitability and legal capacity for
probation and his potential for rehabilitation, reform, dev elopment, transformation
and re-integration into the community;

(vi) recommendation to: (A) grant the application, including probation period,
probation conditions and probation treatment and supervision plan/program; or (B)
deny the application;

(vii) data and information on the applicant’s financial condition and capacity to
pay, his civil liability, if any;

(viii) results of findings of drug, psychological and clinical tests conducted, if any;

(ix) results of criminal records, if any, whether decided or still pending furnished by
v arious law enforcement agencies tapped by the Probation Office for such purpose;

(x) result(s) of courtesy inv estigation, whether GCI/FBCI or PGCI (See Sec. 27 of
these Rule), if any, conducted in the birth place or place of origin of applicant
especially if he plans to reside thereat while on probation, if ev er his application will be
granted; and

(xi) other analogous and related matters.

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(b) to obtain additional data or clarify discrepancy between the information receive
from the applicant and those secured from other sources, the inv estigating Probation
Officer and/or Chief Parole and Probation Officer may conduct such subsequent or
further interviews on the applicant and/or other persons as may be deemed proper
and necessary.

Section 25. Nature of Recommendation – The entire PSIR submitted to the Trial
Court is recommendatory in nature and the final recommendation contained on the
last page of the PSIR is persuasive in character addressed to the sound discretion of
the Trial Court considering that the denial or grant of probation is a judicial function.

Section 26. Signatories. – The PSIR shall, as a Rule be prepared by the


inv estigating Probation Officer on case and approv ed by the CPPO. Both shall initial
each and all the pages thereof, except the last page on which they shall affix their
respectiv e signatures.

V. FULL BLOWN COURTESY INVESTIGATION AND TRANSFER


OF CONDUCT OF REFERRAL INVESTIGATION

Section 27. Its Nature and Coverage. – Full Blown Courtesy Investigation (FBCI)
is a General Courtesy Investigation (GCI) from another City or Prov incial Parole and
Probation Office which requests for a complete PSIR on a petition for probation
pending referral inv estigation in the Probation Office of origin.

It shall take place when upon initial inv estigation it is gathered that,

(a) Applicant for probation is a transient offender in the place of commission


of the crime and/or a permanent resident of another place;

(b) He spent his pre-adolescent and/or adolescent life in the Province or City
of origin;

(c) He attended and/or finished his education thereat; and

(d) His immediate family members, collateral informants or disi nterested


persons and official who can best authenticate the inter -family relationship,
upbringing, behav iour of the applicant for probation in the community are residents of
the place of his origin.

Section 28. Transfer of referral Inv estigation. – W hen proper under the
immediately preceding section and warranted under the circumstances, a FBCI, may
be brought to the attention of the Trial Court to transfer the conduct off the referral
inv estigation to the Probation Office of the province or city of origin of applicant for
probation.

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Section 29. Transfer to the Executive Judge. – In case of the suitability for
probation of the applicant for probation, it shall be recommended in the PSIR by the
Probation Office, that simultaneous with the grant of probation, the control ov er the
applicant and his probation rehabilitation program be transferred to the Honorable
Executive Judge of the RTC of the Province or City of origin subject to the actual
visitation and supervision of the Probation Officer of said prov ince or city.

Section 30. General Courtesy Inv estigation. – All other General Courtesy
Investigation (GCI) mentioned in the three (3) preceding sections not falling within the
purview of a FBCI to be conducted by another Probation Office shall be known as
Partial Courtesy Inv estigation (PCI) which would no longer be brought to the attention
of the Trial Court for the transfer of the conduct of the referral inv estigation as
mentioned in Sec. 27 of these Rules.

To facilitate immediate and thorough inv estigation of cases, and to sav e time,
effort and money on the part of the investigating SPPOs, Sr. PPOs, PPOs II, PPOs I, the
GCI which is usually undertaken outside the area of a Probation Office’s jurisdiction (i.e
from Manila to Valenzuela, from Manila to Quezon City, from Manila to Marikina, etc.
and vice-versa) shall henceforth, be resorted to, considering the monstrous traffic
nowadays.

VI. PROBATION ORDER

Section 31. Period to Resolv e the Application for Probation. – the application
for probation shall be resolv ed by the Trial Court not later than fifteen (15) days from
the date of its receipt of the PSIR.

Section 32. Nature of Probation: Effect of the Grant of Probation. –

(a) Probation is but a mere privilege and as such, its grant or denial rests solely
upon the sound of discretion of the Trial Court. After its grant it becomes a statutory
right and it shall only be cancelled or revoked for cause and after due notice and
hearing.

(b) The grant of probation has the effect of suspending the execution of
sentence. The Trial Court shall order the release of the Probationer’s cash or property
bond upon which he was allowed temporary liberty as well as release the custodian
on ROR from his undertaking.

Section 33. Effectiv ity of Probation Order. – A probation order shall take effect
upon its issuance, at which time the court shall inform the offender of the
consequences thereat and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense under
which he was placed on probation.

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Upon receipt of the Probation Order granting probation the same shall be
entered in a Docket Book for proper recording.
An order of denial shall be docketed as well.

Section 34. Finality. – The order of the court granting or denying probation shall
not be appealable.

VII. TERMS AND CONDITIONS OF PROBATION

Section 35. Mandatory Condition. – A Probation Order shall require the


probationer:

(a) to present himself t o the Probation Office for supervision within 72 hours from
receipt of said order; and

(b) to report to the assigned SPPO, Sr. PPO, PPO II, PPO I on case at least once a
month during the period of probation at such time and place as may be specified by
the Probation Office.

Section 36. Other Conditions. – The Probation Order may also require the probationer,
in appropriate cases, to:

(a) cooperate with his program of probation treatment and supervision;

(b) meet his family responsibilities;

(c) dev ote himself to a specific employment and not to change said
employment without prior written approv al of the CPPO;

(d) undergo medical, or psychological, or clinical or, or drug or psychiatric


examinations and treatment and remain in a specified institution, when required for
that purpose;

(e) comply with a program of payment of civ il liability to the offended party or
his heirs, when required by the Trial Court as embodied in its decision or resolution;

(f) pursue a prescribed secular study or v ocational training;

(g) attend or reside in a facility established for instruction, recreation or reside


of persons on probation;

(h) refrain from visiting houses of ill-repute;

(i) abstain from drinking intoxicated bev erages to excess;

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(j) permit the Supervising Probation Officer on case or an authorized social
workers to visit his home and place of work;

(k) reside at premises approv ed by the Trial Court and not to change his
residence without prior written approv al of said court; and /or

(l) satisfy any other conditions related to his rehabilitation into a useful citizen
which is not unduly restrictive of his liberty or incompatible with his freedom of
conscience.

Section 37 Indemnification. – (please see “Guidelines on Payment of Civil Liability”,


Annex “30”, p. 253) Payment for civil liability shall be done using the following modes:

(a) Payment can be given to the Clerk of Court of the Trial Court, who will in return
hand ov er the sum to the victim who shall issue a corresponding receipt; a copy of
which should be giv en by the probationer to the Probation Office in order to monitor
such payment;

(b) Payment may be deposited by the probationer to the victim’s account where
the bankbook is kept at the Probation Office to be giv en to the victim for his proper
disposition;

(c) Payment can be effected directly to the victim and the receipt must be filed
in the supervision record of the probationer kept at the Probation Office.

Further, that the practice of giving the payment to the Superv ising Probation
Officer on case (or the CPPO) to be remitted to the victim, although with receipts,
should be highly discouraged and discontinued outrightly.

VIII. SUPERVISION OF PROBATIONERS

Section 38. Purpose. – The primary purpose of probation supervision are:

(a) to ensure the probationer’s compliance with the probation


conditions specified
in the Probation Order and the prescribed probation
treatment and supervision program/plan;

(b) to manage the process of the probationer’s rehabilitation and re-integration


into the community; and

(c) to provide guidance for the probationer’s transformation and dev elopment
into a useful citizen for his ev entual reintegration to the mainstream of society.

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Section 39. Commencement of Supervision Service. – For purposes of these
Rules, supervision service shall commence on the day of initial interview or reporting of
a probationer. Such fact shall be duly noted in the case notes of the client.

Section 40. Initial Report. –

(a) Upon the probationer’s appearance for his initial superv ision,
the Supervising
Probation Officer on case, or CPPO himself shall:

i) giv e instructions to the client using PPA Form 4 in


order to reinforce
probationer’s awareness of the probation conditions specified in the Probation Order
in a language or dialect understood him;

ii) formulate with the client, the supervision treatment


plan; and

iii) carry out other related activities.

(b) Upon receipt of a copy of PPA Form No. 4, and a copy of the Probation Order
on a particular probationer the Probation Office through the CPPO shall immediately
assign the probation supervision case to his subordinate Probation Officer.

In the event that the probationer does not report for initial supervision within
the prescribed period after the Probation Order has been released by the Trial Court,
or his whereabouts are unknown, the Probation Officer shall exert his best efforts to find
said probationer and conduct such field inquiry as is necessary within a reasonable
period of time, before considering the fact that the subject has absconded
amounting to a violation of a probation condition, requiring the preparation and
submission of a Violation Report (PPA Form 8) to the Trial Court.

Section 41. Outside Trav el. –

(a) A Probation Officer may authorize a probationer to trav el outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not
exceeding thirty (30) days.

(b) A Probationer who seeks to trav el for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5) days
before the intended trav el schedule a Request for Outside Trav el (PPA Form 7) with
said office properly recommended by the Supervising Probation Officer on case and
approv ed by the CPPO.

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(c) If the requested outside trav el is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted by the Trial Court for approv al.

(d) Outside travel for a cumulative duration of more than thirty (30) days within a
period of six (6) months shall be considered as a courtesy supervision.

Section 42. Change of Residence: Transfer of Supervision. –

(a) A Probationer may file a Request for Change of Residence (PPA Form 24) with the
City or Prov incial Parole and Probation Office, citing the reason(s) therefore this
request shall be submitted by the Supervising Probation Office for the approv al of the
Trial Court.

(b) In the ev ent of such approv al, the supervision and control ov er the probationer
shall be transferred to the concerned Executive Judge of the RTC, hav ing jurisdiction
and control ov er said probationer, and under the supervision of the City or Provincial
Parole and Probation Office in the place to which he transferred.

Thereafter, the Executiv e Judge of the RTC to whom jurisdiction ov er the probationer is
transferred shall hav e the jurisdiction and control with respect to him which was
prev iously possessed by the Court which granted probation.

(c) The receiving City or Provincial and Parole and Probation Office and the receiving
court shall be duly furnished each with copies of the pertinent probation order, PSIR
(PPA form 3), and other inv estigation and supervision records by the sending probation
office for purposes and in aid of continuing effectiv e probation superv ision treatment
over said probationer.

Section 43. Absconding probation –

(a) A probationer who has not reported for initial supervision within the prescribed
period and/or whose whereabouts could not be found, located or determined
despite best diligent efforts within reasonable period f time shall be declared by the
proper office as an absconding probationer.

(b) thereafter said office shall file with the proper court a violation report (PPA form 8),
containing its findings and recommendation, duly prepared and signed by the
superv ising parole and probation officer and duly noted by the chief parole and
probation officer.

Section 44. Modification or revision of probation conditions –

(a) During the probation supervision period, the trial court may motu proprio or, upon
motion by the city of prov incial parole and probation office or by the probationer or
his lawyer.

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Section 45. Effectivity and finality of modified or revised probation order –

(a) The trial court may modify or revise the probation order which shall become
effectiv e and final upon its promulgation and receipt thereof by the probationer,
unless specified otherwise by said order.

IX. VIOLATION PROBATION CONDITION

Section 46. Concept. – A probationer’s specific act and/or omission(s)


constitutive of a violation of probation condition(s) set forth in the origi nal, modified or
revised Probation Order shall be reported to the Trial Court, taking into account the
totality of the facts and surrounding circumstances and all possible areas of
consideration.
Section 47. Fact -Finding Inv estigation. - Based on reasonable cause reported
by a reliable informant or on his own findings, the SPPO, Sr. PPO, PPO II, PPO I
concerned or the CPPO himself shall conduct or require the Supervising Probation
Officer on case to immediately conduct a fact-finding inv estigation on any alleged or
reported violation of probation condition(s) to determine the v eracity and truthfulness
of the allegation.

Section 48. Report: Violation of Condition. –

(a) After the completion of the fact -finding inv estigation, the Supervising Probation
Officer on case shall prepare a violation report thereon containing his findings and
recommendations and submit the same to the CPPO for review and approv al.

(b) In some cases, a probationer who has not reported for initial supervision within the
sev enty-two (72) hours from his receipt of the Probation Order or within the prescribed
period ordered by the Trial Court or whose whereabouts could not be ascertained
notwithstanding best efforts exerted within a reasonable period of time by the City
and Prov incial Parole and Probation Office shall be immediately reported to the Trial
Court for appropriate action.

(c) Thereafter, said Parole and Probation Office shall file with the Trial Court a violation
Report (PPA Form 8), containing its findings and recommendation, duly prepared and
signed by the SPPO, Sr. PPO, PPO II, PPO I concerned and duly noted by the CPPO for
the court’s resolution.

Section 49. Violation Report. Its Contents: Signatories and Submission to Trial
Court. –

(a) The Violation Report shall include, among others, the following:

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i) accurate and complete statement of the facts and surrounding circumstances,
including but not limited to the:

(a) nature, character and designation of the v iolation;

(b) specific acts and/or omissions constitutive of the violation;

(c) place, date and time of commission or omission;

(d) statements or affidavits of apprehending officers and offended parties and

(e) other related data and information.

ii) probationer’s response, explanation and clarification duly sworn to before a notary
public and other supporting testimonial, documentary and objective evidence;

iii) findings, assessment and recommendation of the Probation Office.

(b) The Violation Report shall be prepared and signed by the SPPO, SrPPO,
PPOII or PPOI concerned and approv ed and signed by the CPPO.

Section 50. – Arrest of Erring Probationer. – After hav ing duly considered the
nature and grav ity of such reported violation based on the submitted Violation Report,
the Trial Court may issue a warrant for the arrest of the probationer for serious violation
of his probation condition.

Section 51. Hearing of the Violation of Probation. – Once arrested and


detained, the probationer shall immediately be brought before the Trial Court for a
hearing of the v iolation charged.

In the hearing which shall be summary in nature, the probationer shall hav e
the right to be informed of the violation charged and to adduce ev idence in his fav or.

The court shall not be bound by the technical rules of evidence, but may
inform itself of all the facts which are material and relevant to ascertain the v eracity of
the charge.

The probationer may be admitted to bail pending such hearing. In such case,
the provisions regarding release on bail of persons charged with the crime or offense
shall be applicable to probationers arrested under this provision.

Section 52. Disposition: Effect of Revocation: Remedy. –

(a) After a serious violation of a probation condition has been established in t he


hearing, the Trial Court may order the continuance of the probationer’s probation or

180
modification of his probation conditions or rev oke his probation whichev er is proper
and just under in judicial discretion.

(b) If the probation period has been revoked, the Trial Court shall order the
probationer to serve the sentence originally imposed in the judgment of his case for
which he applied for probation.

(c) A court order modifying the probation conditions as in Sec. 44 of these Rules or
rev oking probationer’s probation shall not be appealable. However, it may be
correctable by certiorari under the Rules of Court.

Section 53. Right of Counsel. - In the hearing or proceeding for violation of probation
conditions, the probationer shall hav e the right to counsel of his own choice.

Section 54. Representation for the State, - For the Prosecution of serious violation of
probation condition(s), during said hearing or proceeding, the state shall be
represented by the proper prosecuting officer.

X. EARLY TERMINATION

Section 55. Cov erage. – The following probationers may be recommended for the
early
termination of their probation period:

1. Those who are suffering from serious physical and/or mental disability such as deaf -
mute, the lepers, the crippled, the blind, the senile, the bed-ridden, and the like;

2. Those who do not need further supervision as evidenced by the following:

(a) Consistent and religious compliance with all the conditions imposed in the order
granting probation;

(b) Positive response to the programs of supervision designed for their rehabilitation

(c) Significant improv ements in their social and economic life;

(d) Absence of any derogatory record while under probation;

(e) Marked improv ement in their outlook in life by becoming soci ally aware and
responsible members of the family and community; and

(f) Significant growth in self-esteem, self-discipline and self-fulfillment;

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Prov ided, that, the probationers involved hav e already served one-third(1/3)
of the imposed period of probat ion; and prov ided further, that, in no case shall the
actual supervision period be less than six (6) months.

3. Those who hav e:


(a) To trav el abroad due to any of the following:

(1) An approved ov erseas job contract or any other similar


documents; or

(2) An approv ed application for scholarship, observ ation tour or study grant for a
period not less than six (6) months; or

(3) An approv ed application for immigration.


(b) To render public service

(1) Having been elected to any public office; or

(2) Having been appointed to any public office.

Prov ided, Howev er, that the probationers inv olved hav e fully paid their civil
liabilities, if any. And, that the probationers were not conv icted for offenses involving
moral turpitude.

4. Other probationers who hav e fully cooperated with/participated in the


programs of supervision designed for their rehabilitation and who are situated under
conditions/circumstances similar in nature to those abov e-described at the discretion
of the proper authorities.

Section 56. Procedure. – in the first year of implementation, the following steps
shall be observed to effect the early termination of probation:

1. The Supervising Probation Officer on case who exercises direct supervision


over the probationer shall prepare the motion for the modification of probation, i.e
early termination addressed to the Court which has no control and supervision ov er
the probationer concerned in accordance with Section 12 of the Probation Law of
1976, as amended. The motion shall bear the approv al of the head of the City or
Prov incial Parole and Probation Office without prejudice to the latter taking the
initiativ e for preparing said motion.
2. The motion shall thereafter be forwarded for review and clearance to the
Regional Director who shall act on said motion within a period of three (3) days after
receipt of the same.
3. Should the motion be approved by the Regional Director, the Supervising
Probation Officer on case shall file the same with the Trial Court within two (2 ) days
after receipt thereof.

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4. Should the said motion be disapproved, the same shall be filed in the
superv ision case file/record of the probationer for future reference.
5. Should the motion be approv ed by the Trial Court, the procedure for
termination, due to successful completion of probation specified in the Rules shall
apply.

XI. PROBATI ON AIDES


Section 57. Qualifications: functions. –
(a) The Probation Aides must be citizens of good repute and probity, at least 18 years
of age on the date of appointment, at least high school graduates and preferably
residence of the same locality or community cov ering the place of residence of the
probationer and/or the CPPOs, SPPOs, and SrPPOs, PPOsII, and PPOsI.
(b) Probation Aides may be requested to assist t he CPPOs, SPPOs and SrPPOs, PPOsII,
and PPOsI in the supervision of probationers, assigned up to a maximum case load
subject to administrative and technical supervision by the abov e-mentioned Probation
Officers, prepare records of their activities and accomplish related reports and prompt
submission thereof; and undertake other related activities. They maybe designated to
identify, generate, tap local community resources or conduct such activities on skills
training and sports and cultural programs for clients.
Section 58. Appointment: Term of Office. –
(a) Probation Aides shall be appointed by the Probation Administrator or through
authority delegated to the Regional Directors within their respective areas of
responsibility upon the recommendation of the CPPOs.
(b) Probation Aides so appointed may hold office during good behav iour for a period
of two (2) years, renewable at the end of each period; provided, that, the appointing
authority may at any time terminate the services of Probation Aides for unsatisf actory
performance for at least two (2) consecutive semesters as determined by the proper
offices and/or for other lawful and v alid cause(s). Thereafter, his reinstatement shall be
determined by his display of good behav iour as determined by collateral inf ormants
and the appointing authority.
Section 59. Caseload. –
(a) in assigning probation supervision caseload(s) to the Probation Aides, the
Probation Offices shall duly consider their respectiv e qualifications, length of service,
work accomplishments, and other related criteria. And, as to maximum supervision
caseload to be given to them, the Probation Office should, exercise utmost prudence
and caution.
(b) The maximum supervision caseloads of a Probation Aide at any giv en time, shall be
ten (10) probationers on minimum case classification or three (3) probationers on
maximum case classification in addition to other duties.

XII. TERMINATION OF THE PROBATION SUPERVISION CASE


Section 60. Grounds. – The probation supervision period may be terminated on any of
the following grounds:
(a) successful completion of probation;
(b) probation revocation for cause under Section 49 (a-c) of these Rules;

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(c) death of the probationer;
(d) early termination of probation; or
(e) other analogous cause(s) or reason(s) on a case-to-case basis as recommended
by the probation Office and approv ed by the trial court.
Section 61. Termination Report. – The City and Provincial Parole and Probation Office
shall submit to the Trial Court a Probation Officer’s Final Report (PPA Form 9) thirty (30)
days before the expiration of the period of probation embodying, among others, the
following:
(a) brief personal circumstances of the probationer;
(b) brief criminal circumstances about his case (i.e criminal case number, court,
branch, period of probation, initial and last date of probation)
(c) prescribed probation treatment and superv ision program;
(d) probationer’s response to the treatment plan/program;
(e) recommendation to discharge the probationer from probation and the restoration
of all his civil rights.
(f) such other relev ant and material facts and information which may be required by
the Trial Court.
Section 62. Final Discharge. – After expiration of the original or extended
probation period and based on due consideration of the POs final report, the Trial
Court may order the final discharge of the probationer upon finding that he has
fulfilled the probation terms and conditions and, thereupon, the probation supervision
case is deemed terminated.
Section 63. Legal Effects of Final Discharge: Termination Order. –
(a) the final discharge of a probationer shall operate to restore to him all civil right s lost
or suspended as a result of his conv iction and to fully discharge his liability for any fine
imposed as to the crime or offense for which probation was granted without prejudice
to his civil liability. It is hereby understood that, the probationer’s political rights are not
lost or suspended ev en during the probation period.
(b) the probationer and the probation office shall be promptly furnished with copies of
such final discharge or Termination Order.

XIII. CLOSING OF THE PROBATION CASE

Section 64. Point in Time. – After actual receipt of the Termination Order finally
discharging the probationer, the Probation Office shall formally close the probation
case and keep clients case file.
Section 65. Mode. – Immediately after such closure of the probation case, the
corresponding probation records shall be archiv ed, but not after the proper reporting
is done.

XIV. PROBATION REPORTS


Section 66. Monthly. – The Probation Offices through the CPPO shall submit within the
first ten (10) days of the ensuing month to the Administrator (Attn.: Case Management
and Records Div ision), copy furnished the RDs concerned, their Monthly Caseload
Summary Reports (PPA Form 5) and its attachment.

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Section 67. Semestral. – The Probation Offices shall also submit within t he first fifteen
(15) days of the ensuing semester to the Administrator, copies furnished the RDs and
the PPA Planning Staff with their respective Semestral Accomplishment Progress
Reports containing among others, the list and brief description of their w ork
accomplishment for the quarter, their encountered problems and suggested solutions,
and other related matters.
Section 68. Annual. – The Regional Offices through the RDs shall submit within thirty
(30) days of the ensuing year to the Administrator, copy furnished the PPA Planning
Staff, their respective Annual Reports containing, among others, operational highlights,
special programs and projects undertaken and/or other significant accomplishments
for the year.
Thereafter, The administration shall submit a consolidated accomplishment report to
the Secretary of Justice on or before the last day of February each year as required
under Executiv e Order No. 292. Sec. 37, Chapter 6, Book IV thereof.

XV. MISCELLANEOUS PROVISIONS


Section 69. Forms. – All the probation forms specified herein shall be understood to
hav e been contemporaneously prescribed and approv ed as integral parts of these
Rules, except those properly pertaining to the Supreme Court and lower courts.
Subsequent probation forms shall be prescribed by the Administration and Approv ed
by the Secretary of Justice, from time to time as the need arises.
Section 70. Confidentiality of Probation Records. – the PSIR and the supervision case
notes of a probationer obtained under PD NO. 968, as amended, and these rules,
otherwise known as probation inv estigation and superv ision records, shall be privileged
and shall not be disclosed directly or indirectly to anyone that the parole and
probation administration, the trial court, or other court(s) concerned, except that the
court of original (trial court) may, in its sound direction, permit the probationer or his
attorney to inspect the aforementioned documents or parts thereof wherev er the best
interest of the probationer makes such disclosure describable or helpful; prov ided,
that, any gov ernment office or agency engaged in the correction or rehabilitation of
offenders or any researchers (i.e. psychologists., sociologists, graduate students,
academicians, etc.) may, if necessary, obtained copies of said documents from the
trial court or the parole and probation administration, for official and/or research
(graduate or special studies)purpose and other similar undertakings for the sake of
public policy, justice and public interest.
Section 71. Miscellaneous powers of chief probation and parole officers. –
The CPPOs shall have the authority within their respectiv e territorial jurisdiction to
administer oaths and acknowledgments and to take depositions in correction with
their duties and functions under PD NO. 968, as amended, and these rules. They shall
also hav e, with respect to probationers under their care, the powers of a police
officer. As such, they shall be considered as persons in authority.
Section 72. Authority to issue rules or rulings and administer programs and
project –

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(a) the administrator may issue rules or rulings to clarity, interpret or construe the
prov isions of these rules and the probation law without the need of public notice,
hearing and publication.
(b) the administration shall
(1) dev elop, formulate, implement and administer appropriate organizational
programs;
(2) provide educational technical, financial and calamity assistance to clients
and personnel,
(3)offer liv elihood and enterprise development;
(4) generate job placement and employment opportunities,
(5) undertakes surveys and researches related to program implementation ;
(6) assist in giving amelioration, provident and welfare benefits; and other
socio-economic dev elopment and transformation programs, projects and activ ities for
probationers, their immediate families and other dependents;
(7) support associations and communities of its clients and, whenev er
applicable, of its personnel.
For this purpose, there is hereby constituted a special fund, known as “Special
probation fund” (SPF), chargeable to the general fund annual budgetary
appropriations of the administration. The administration shall issue the necessary
policies, guidelines and standard operating procedures (SOPs) on the dev elopment,
formulation, implementation and administration of programs, project and activities
and on the utilization, disbursement, operation and management of said fund, subject
to the usual government accounting regulations and auditing procedures.
Section 73. Appropriation – so mush budgetary amount as may be necessary
shall be included in the annual appropriations of the national gov ernment for the PPA
in order for it to mov e efficiently and effectively and successfully implement the
prov isions of PD No. 968, as amended, the pertinent provisions of executiv e order No.
292 (administrative Code of 1997) and these rules.
Section 74. Repealing Clause – any or all prov isions of existing regulations,
orders and issuances inconsistent with or contrary to these rules are hereby modified or
repealed accordingly.
Section 75. Separability clause – if any part, section or provision of these rules is
held inv alid or unconstitutional, the other parts, sections or provisions not affected
thereby shall continue in operation.
Section 76. Filing – it is herby reported that three (3) certified copies of these
rules shall be filed the U.P law center, pursuant to section 3, chapter 2, book VII,
executive orders No. 292,otherwise known as the Administrativ e code of 1987.
Section 77. Effectivity – these rules shall take effect after fifteen (15) days
following the completion of the publication thereof in at least three (3) newspapers of
general circulation in the Philippines.
Promulgated in the city of Queson, Metro manila, Philippines this ____________
day of ____________ I n the year of our lord nineteen hundred and ninety – nine.

Justice Serafin R. Cuev as

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Secretary of justice

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