Correctional

Administration
Review
Adult Criminal Justice System
 Law Enforcement
 Prosecution
 Court
 Corrections
 Mobilized Community
 Barangay Justice System - R.A. 7160 (PD
1508)
 Juvenile Justice System 9 R.A. 9344 as
amended
 Government Official’s Justice System
 Appellate Justice System
 P.D. 421/482/513 – The Integration of
Jails in the INP

 R.A. 6975 – Chapter V Creating the BJMP

 R.A. 9263 - “BFP and BJMP

professionalization act of 2004”

 R.A. 9592 – Amendment of R.A.9263

R.A. 9562
AN ACT EXTENDING FOR FIVE (5) YEARS
THE REGLEMENTARY PERIOD FOR
COMPLYING WITH THE MINIMUM
EDUCATIONAL QUALIFICATION
CHAPTER V BUREAU OF JAIL MANAGEMENT AND PENOLOGY
 Sec. 60. Composition. — The Bureau of Jail
Management and Penology, hereinafter
referred to as the Jail Bureau, is hereby created
initially consisting of officers and uniformed
members of the Jail Management and Penology
Service as constituted under Presidential
Decree No. 765.
 Chief, BJMP
 Deputy for Admin
 Deputy for Operation
 Chief of the Directorial Staff
BJMP shall be respectively headed by a Chief
who shall be assisted by two (2) deputy
chiefs, one (1) for administration and one
(1) for operations, all of whom shall be
appointed by the President upon
recommendation of the Secretary of the
DILG from among the qualified officers
with at least the rank of senior
superintendent in the service:
Provided, that in no case shall any officer
who has retired or is retirable within six (6)
months from his/her compulsory
retirement age
 BJMP PNP ARMY
 Director – 28
 CS – 27
 SS -26
 S -25
 CI -24
 SI -23
 JIns -22
 SJO IV - 19
 SJOII - 18
 SJOII - 17
 SJOI - 16
 JOIII - 14
 JOII - 12
 JOI - 10
 JO1-SJO4 – BJMP RD
 JINS-JSUPT – Chief, BJMP
 JSSUPT. – DILG Secretary
 JCSUPT – President recommended by the
DILG with endorsement of the CSC Chair
 Age, height and weight (to be
approved by the Chief of the BJMP)
 Only for members of the Cultural
Minority
 BJMP Retirement same with PNP.
 But lump sum is only for 3 years.
 City Jails
 District
Jails
 Municipal Jails
High Risk Inmates
High Profile Inmates
Ordinary Inmates
 Commitment Order
 Medical Certificate
 Complaint/Information
 Police Booking Sheet
Offenders or accused who have
undergone preventive imprisonment shall
be credited in the service of their sentence
consisting of deprivation of liberty, with
the full time during which they have
undergone preventive imprisonment
if the detention prisoner agrees
voluntarily 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. When they are recidivists, or have been
convicted previously twice or more times
of any crime; and

“2. When upon being summoned for the

execution of their sentence they have
failed to surrender voluntarily.
“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
preventive imprisonment.
“Credit for preventive imprisonment for the
penalty of reclusion perpetua shall be deducted
from thirty (30) years.
Whenever an accused has undergone
preventive 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
review.
 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, however, That if the accused is
absent without justifiable cause at any stage
of the trial, the court may motu proprio order
the rearrest of the accused:
Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged
with heinous crimes are excluded from the
coverage of this Act.

In case the maximum penalty to which the

accused may be sentenced is Destierro, he shall
be released after thirty (30) days of preventive
imprisonment.”
Director of the Bureau of Corrections, the
Chief of the Bureau of Jail Management
and Penology and/or the Warden of a
provincial, district, municipal or city jail
shall grant allowances for good conduct.
Such allowances once granted shall not be
revoked.”
Section 4. Award Ceiling. - For victims of unjust
imprisonment or detention, the compensation
shall be based on the number of months of
imprisonment or detention and every fraction
thereof shall be considered one month;
Provided, however, That in no case shall such
compensation exceed One Thousand pesos
(P1,000.00) per month.
 In all other cases, the maximum amount for
which the Board may approve a claim shall
not exceed Ten thousand pesos (P10,000.00)
or the amount necessary to reimburse the
claimant the expenses incurred for
hospitalization, medical treatment, loss of
wage, loss of support or other expenses
directly related to injury, whichever is lower.
 Examine Documents
 Physical, and Mental Examination
 Deposit all thing of value
 Accomplish 4 forms
 Photograph and Fingerprint
 Agreement and Certification
The three (3) types of detainees are those.

 Undergoing investigation;
 Awaiting or undergoing trial; and
 Awaiting final judgment.
 Insular Prisoner – One who is sentenced to a
prison term of three (3) years and one (1) day
to death.
 Provincial prisoner – One who is sentences to
prison term of six (6) months and one (1) day
to three (3) years.
 City Prisoner – One who is sentenced to a
prison term of one (1) day to three (3) years.
 Municipal Prisoner – One who is sentenced to
a prison term of one (1) day to six (6) months.
 Chairman – Deputy Warden
 Members - Chief Custodial Security Office
 Medical Officer
 Chaplain
 Inmates welfare and
Development Officer
 Reprimand
 Temp or permanent cancellation of some or
all recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates
only
 Closed confinement
 Transfer to another facility with court
coordination
 Pregnant or breastfeeding inmate
 Infirmed or handicap inmate (that would affect
health or physical well being
 Corporal, dark or inadequately ventilated, cruel,
unusual, inhuman or degrading punishment
 Instruments of restraints, handcuffs, leg irons,
and straitjackets. Only for precaution against
escape, or in order not to injure others or
himself.
Separate/Segregated Inmates
 Female
 Drug Addicts
 Alcoholics
 Mentally ill
 Sex Deviates
 Handicapped, aged and infirmed
Not to be Separated Inmates
 Suicidal Inmates
 Non Philippine citizen Inmates
Deceased relative within the second degree of
affinity or consanguinity
▪ Not be allowed if the place is more than 30 kilometers;

▪ Has records of escape;

▪ Detainee is high risk/high profile and jail
has inadequate resources to ensure safety
and security;
▪ Turn over the amount necessary to cover
the expenses of travel including the officers
who would escort;
 Release of inmate by acquittal, dismissal
payment of fines etc. Shall only be effected
upon receipt of the Release order served by
the court process server.
 Service of sentence;
 Order of the court;
 Parole;
 Pardon
 Amnesty;
 Any lawful order of competent authority.
 If feasible, a prisoner shall be notified of his
release at least one week the date of such
discharge;
 Before an offender is released, he shall be
properly identified to ensure that he is the same
person received and to be taken when he was
received.
 Any changes or differences in his distinguishing
marks and scars shall be investigated to
determine his real identity to prevent a mistaken
release of another person;
 No offender shall be released on a mere verbal
order or by telephone.
 The release of an inmate by reason of acquittal,
dismissal of case, payment of fines/or indemnity,
or filing of bond, shall only be given effect upon
receipt of the release order.
 The court order shall bear the full name of the
offender, the crime charged, the criminal case
number and such other details as will enable the
officer in charge to properly identify the offender
to be released.
• An offender shall be released promptly and
without unreasonable delay.
• However, before the release of the offender
who is suffering from contagious disease and
who cannot defray the expenses for his
treatment, the warden concerned shall take
the necessary steps to assist him in securing
accommodation in an appropriate
government institution for follow-up
treatment.
 Under proper receipt, all the money
earned and other valuables held in trust
when first admitted shall be returned to
the offender upon release.

 The released offender shall be issued at

a certificate of Discharge from jail by the
Warden or jailer.
 SECTION 468. (4) (vii) Establish and
provide the maintenance and
improvement of jails and detention
centers, institute a sound jail management
program, and appropriate funds for the
subsistence of detainees and convicted
prisoners in the province;
 R.A. 7160
 R.A. 9344
 R.A. 10630
 “SEC. 6. Minimum Age of Criminal
Responsibility. – A child fifteen (15) years of
age or under at the time of the commission of
the offense shall be exempt from criminal
liability. However, the child shall be subjected
to an intervention program pursuant to
Section 20 of this Act.
 “A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected
to an intervention program, unless he/she has
acted with discernment, in which case, such
child shall be subjected to the appropriate
proceedings in accordance with this Act.

 “The exemption from criminal liability herein

established does not include exemption from
civil liability, which shall be enforced in
accordance with existing laws.”
 “SEC. 20-A. Serious Crimes Committed by
Children Who Are Exempt From Criminal
Responsibility. – A child who is above twelve
(12) years of age up to fifteen (15) years of
age and who commits parricide, murder,
infanticide, kidnapping and serious illegal
detention where the victim is killed or raped,
robbery, with homicide or rape, destructive
arson, rape,
 or carnapping where the driver or occupant is
killed or raped or offenses under Republic Act
No. 9165 (Comprehensive Dangerous Drugs
Act of 2002) punishable by more than twelve
(12) years of imprisonment,
 shall be deemed a neglected child under
Presidential Decree No. 603, as amended,
and shall be mandatorily placed in a special
facility within the youth care faculty or ‘Bahay
Pag-asa’ called the Intensive Juvenile
Intervention and Support Center (IJISC).
 “SEC. 33. Preliminary Investigation and Filing
of Information. – The prosecutor shall conduct a
preliminary investigation in the following
instances:
 (a) when the child in conflict with the law does
not qualify for diversion;
 (b) when the child, his/her parents or guardian
does not agree to diversion as specified in
Sections 27 and 28; and
 (c) when considering the assessment and
recommendation of the social worker, the
prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
 ParensPatriae – Parent or guardian
of the state/country. The inherent
power and authority of the state to
provide protection to person
(minors) and property of the person
(minors).
 If the convict has no property with
which to meet the fine mentioned in the
paragraph 3 of the nest preceding
article, he shall be subject to a subsidiary
personal liability at the rate of one day
for each eight pesos, subject to the
following rules:
 1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall
remain under confinement until his fine
referred to 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. When the principal penalty imposed be
only a fine, the subsidiary imprisonment shall
not exceed six months, if the culprit shall
have been prosecuted for a grave or less
grave felony, and shall not exceed fifteen
days, if for a light felony.

 3. When the principal imposed is higher than

prision correccional, 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 convict, during the period of
time established in the preceding rules, shall
continue to suffer the same deprivations as
those of which the principal penalty consists.
 5. The subsidiary personal liability which
the convict may have suffered by reason
of his insolvency shall not relieve him,
from the fine in case his financial
circumstances should improve. (As
amended by RA 5465, April 21, 1969).
 Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407
dated November 1, 1905) as an agency
under the Department of Commerce and
Police.
 Creation of Bu Cor E.O. 292
 Republic Act No. 10575 The Bureau of
Corrections Act of 2013″. Approved May 24,
2013
The Mandates of the Bureau of Corrections.

The BuCor shall be in charge of:

1. safekeeping and;
2. Instituting reformation programs to national
inmates sentenced to more than three (3)
years.
 Safekeeping - 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 have 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
have 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.
 Safekeeping of National Inmates
– The safekeeping of inmates shall
include decent provision 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.
Reformation - 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.
Reformation of National Inmates

 (1) Moral and Spiritual Program;

 (2) Education and Training Program;
 (3) Work and Livelihood Program;
 (4) Sports and Recreation Program;
 (5) Health and Welfare Program; and
 (6) Behavior Modification Program, to include
Therapeutic Community.
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.
priests, evangelists, pastors, teachers, instructors,
professors, vocational 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 relevant to the
implementation of inmate reformation programs.
1. Director General of Corrections
(Head of BuCor)
2. Deputy Directors of Corrections
3. Corrections Chief Superintendent
4. Corrections Senior Superintendent
5. Corrections Superintendent
 The BuCor shall maintain the
custodial personnel-to-inmate ratio
of 1:7
 Reformation personnel-to-inmate
ratio of 1:24.
 Old Bilibid Prison on Oroquieta Street in
Manila, which was established in 1847; this
prison became known as the “Carcel y
Presidio Correccional”

 August 21, 1870, the San Ramon Prison and

Penal Farm in Zamboanga City was
established to confine Muslim rebels and
recalcitrant political prisoners opposed to
the Spanish rule;
 San Ramon Established during the
tenure of Governor General Ramon
Blanco the facility was originally
established for persons convicted of
political crimes.
 Governor Luke Wright authorized the
establishment of a penal colony in the
province of Palawan on November 16,
1904. Americans established in 1904 the
first penal institution Iuhit penal
settlement (now Iwahig Prison and
Penal Farm)

 First Superintendent Lt. George Wolfe.

 Col. John R. White of the Philippine
Constabulary, who became superintendent of
Iwahig in 1906, the colony became a
successful settlement.
 A merit system was devised for the prisoners
and vocational activities were offered.
 These included farming, fishing, forestry,
carpentry, and hospital paramedical work.
 Iwahig is subdivided into four zones or
districts:
 Central sub-colony with an area of
14,700 hectares;
 Sta. Lucia with 9,685 hectares;
 Montible with 8,000 hectares and
 Inagawan with 13,000 hectares.
 On November 27, 1929, the Correctional
Institution for Women (CIW) was created
under Act No. 3579 To date, it is the only
prison facility for women In the country;
 Its old name, “Women’s Prison,” was
changed to “Correctional Institution for
Women.”
 The Davao Penal Colony was opened in
January 21, 1932 under Act No. 3732.
 Governor Dwight Davis signed Proclamation
No. 414 on October 7, 1931, which reserved a
site for the penal colony in Davao province in
Mindandao.
 Davao Penal Colony is the first penal
settlement founded and organized under
Filipino administration.
 During World War II, the Davao penal colony
was converted into a concentration camp
where more than 1,000 Japanese internees
were committed by the Philippine-American
Armed Forces.
 Commonwealth Act No. 67 was enacted, for the
construction of a new national prison in the
southern suburb of Muntinlupa, Rizal in 1935 The
New Bilibid Prison. It was officially named the
New Bilibid Prison on January 22, 1941.
 The NBP Camp Sampaguita or the Medium
Security Camp, which was used as a military
stockade during the martial law years.
 Minimum Security Camp, was christened
“Bukang Liwayway”.
 Under Proclamation No. 72 issued on
September 26, 1954, the Sablayan Prison and
Penal Farm in Occidental Mindoro was
established;

 Leyte Regional Prison under Proclamation

No. 1101 issued on January 16, 1973.
 FORT BONIFACIO PRISON, formerly known
as Fort William McKinley. The prison was
originally used as a detention center for
offenders of US military laws and ordinances.
 The first RDC facility was created in Building
of the Maximum Security Compound of the
New Bilibid Prison in 1953;

 RDC was transferred to Sampaguita Camp in

1973.
 The RDC was turned into a Therapeutic
Community Camp on February 6, 2003.
 Before World War II, two national prisons
were established by the government which
are no longer operational today.

 Corregidor Island, the Island prison;

 Bontoc Prison in Mountain Province.
Purpose of confinement
 To segregate and ;him from society; and
 To rehabilitate.

Basic principles
 Discipline
 Reformation
 Safe custody of inmates.
 Carpeta - refers to the institutional record of an
inmate which consists of his mittimus
/commitment order, the persecutor’s
information and the discussion of the trial court,
including that the appellate court, if any;

 Prison record - refers to information concerning

an inmate’s personal circumstances, the offense
he committed, the sentence imposed, the
criminal case numbers in the trial and appellate
courts, the date he commenced service of his
sentence, the date of expiration of his sentence,
the number of previous convictions, if any, and
his behavior or conduct while imprison.
Reception and diagnostic Center/ Theraputic
Community - shall receive, study and classify
inmates, within 60 days.

Quarantine –inmate shall be placed in

quarantine for a least five (5) days during
which he shall be-

 physical and mental examination

 Oriented with prison rules; and
 Interviewed by a counselor; social workers or
other program staff officers.
 In (55) days the inmate shall undergo
psychiatric, psychological, sociological,
vocational, educational and religious and
other examinations. The results of said
examinations should be the basis for the
inmate’s individualized treatment program.
 Mittimus/ Commitment Order of the
court;
 Information and Court decision in the
case;
 Certification of detention, if any; and
 Certification that the case of the inmate is
not on appeal.
 Chairman …… Superintendent
 Vice-Chairman …Chief, RDC
 Members ………Medical Officer
Chief, Education Section
Chief, Agro-Industries Section
 Secretary ……Chief Overseer
Maximum security – this shall include highly
dangerous or high security risk inmates as
determined by the Classification Board who
require a degree of control and supervision.
Under this category are-
 those sentenced to death;
 those whose minimum sentence is twenty (20)
years imprisonment;
 Remand inmates or detainees whose
sentence is twenty (10) year and above and
those whose sentences are under the review
by the Supreme Court or the Court of
Appeals.
 Those with pending cases;
 Recidivists, habitual delinquents and
escapees;
 Those confined at the Reception and
Diagnostic center;
 Those under disciplinary punishment or
safekeeping; and
 Those who are criminally insane or those with
severe personality or emotional disorders
that make them dangerous to fellow inmates
or the prison staff.
Medium security – this shall include those who
cannot be trusted in less secured areas and
whose conduct or behavior require minimum
supervision.

 those whose minimum sentence is less than

twenty (20) years imprisonment;
 remand inmates or detainees whose
sentences are below twenty (20) years;
 those who are more than 18 years of age and
below, regardless of the case and sentence;
 those who have two (2) or more records
escapes. They can be classified as medium
security inmates if they have served eight (8)
years since they were recommitted. Those
with one (1) record of escape must serve five
(5) years; and
 first offenders sentenced to life
imprisonment.
 They may be classified as medium security if
they have served five (5) years in maximum
security prison or less, upon the
recommendation of the Superintendent.
 Those who were detained in a city and / or
provincial jail shall not be entitled to say
classification.
Minimum security – this shall include those who
can be reasonably trusted to serve their
sentences under less restricted conditions.

 those with a severe physical handicap as

certified by the chief medical officer of the
prison;
 those who are sixty-five (65) years old and
above, without pending case and whose
convictions are not on appeal;

 those who have served one –half (1/2) of their

minimum sentence or one-third (1/3) of the
maximum sentence, excluding Good Conduct
Time Allowance (GCTA)

 those who have only six (6) months more to

serve before the expiration of their maximum
sentence.
 Maximum security – Tangerine
 Medium security – Blue
 Minimum security – Brown
 Detainee – Gray
 Detainee;
 Third Class inmate – one who has either been
previously committed for three (3) or more
times as a sentenced inmate, except those
imprisoned for non-payment of a fine and
those who had been reduced from a higher
class;
 Second Class inmate – a newly arrived
inmate; an inmate demoted from first class;
or one promoted from the third class;
 First Class inmate – one whose known
character and credit for work while in
detention earned assignment to this class
upon commencement of sentence; or one
who has been promoted from the second
class.
 Colonist.
 be at least a first class inmate and has
served one (1) year immediately preceding
the completion of the period specified in the
following qualifications;
 has served imprisonment with good
conduct for a period equivalent to one fifth
(1/5) of the maximum term of his prison
sentence, or seven (7) years in the case of a
life sentence.
 Credit of an additional GCTA of five (5) days
for each calendar month while he retains said
classification aside from the regular GCTA
authorized under Article 97 of the RPC (not
applicable under present law) ;
 Automatic reduction of the life sentence
imposed on the colonist to a sentence of
thirty (30) years;
 As a special reward to a deserving colonist,
the issuance of a reasonable amount of
clothing and ordinarily household supplies
from the government commissary in addition
to free subsistence; and
 To wear civilian clothes on such special
occasions as may be designated by the
Superintendent.
 to view the remains of a deceased relative
and all its supporting documents shall be filed
with the Superintendent at least two (2) days
before the enjoyment of the privilege sought.

 inmate may be allowed more or less three (3)

hours to view the deceased relative in the
place where the remains lie in state.
 the privilege may be enjoyed only if the
deceased relative is in a place within a radius
of thirty (30) kilometers by road from the
prison. Where the distance is more than thirty
(30) kilometers, the privilege may be
extended if the inmate can leave and return
to his place of confident during the daylight
hours of the same day.
 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.

 An inmate over sixty (60) years of age may be

excused from mandatory labor.
 The inmate may, at any time, withdraw from
his compensation earning s in an amount not
exceeding one-half (1/2) of his total earnings.

 Upon the inmates discharge from prison he

shall be given the full balance of his deposit.
 “1.
During the first two years of
imprisonment, he shall be allowed a
deduction of twenty days for each
month of good behavior during
detention;
 “2. During the third to the fifth year, inclusive,
of his imprisonment, he shall be allowed a
reduction of twenty-three days for each
month of good behavior 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 behavior during detention;
 “4. During the eleventh and successive years
of his imprisonment, he shall be allowed a
deduction of thirty days for each month of
good behavior 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.
 Anappeal by the accused shall not
deprive him of entitlement to the
above allowances for good
conduct.”
 Special time allowance for loyalty. – A
deduction of one fifth of the period of
his sentence shall be granted to any
prisoner who, having evaded his
preventive imprisonment or the service
of his sentence…
 under the circumstances mentioned in
Article 158 of this Code, gives 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.”
 Director of the Bureau of
Corrections, the Chief of the Bureau
of Jail Management and Penology
and/or the Warden of a provincial,
district, municipal or city jail shall
grant allowances for good conduct.
Such allowances once granted shall
not be revoked.”
 1. Retribution - is the act of taking
revenge upon a criminal perpetrator.

 2. Incapacitation - is the use of

imprisonment or other means to reduce the
likelihood that an offender will be capable of
committing future offenses.
 3. Deterrence -is a means, which seeks to
prevent others from committing crimes or
repeating criminality.
 4. Rehabilitation - is the attempt to
reform a criminal offender, the state in which
a reformed offender is said to be
rehabilitated.
 5. Restoration -a goal of which attempts
to make the victim whole again.
 Prevention – the state must punish the
criminal to prevent or suppress the danger to
the state arising from the criminal acts of the
offender.

 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.
 Reformation – the object of punishment in
criminal cases is to correct and reform the
offender.
 Exemplarity – the criminal is punished by the
state as an act to deter others from committing
crimes.
 Justice – that crime must be punished by the
state as an act of retributive justice, a vindication
of absolute right and moral violated by the
criminal.
 Retribution or Expiation – the penalty is
commensurate with the gravity of the offense as
a matter of payment for the damage done.
 Correction or Reformation – as shown by the
rules which regulates the execution of the
penalties consisting in deprivation of liberty,
thereby giving chance for his reformation.
 Social Defense – as shown by its inflexible
severity to recidivist and habitual delinquents.
Society must provide the welfare of the people
against any disorder in the community.
 The penalty must be productive of suffering
without affecting the integrity of the human
personality.
 The penalty must be commensurate with the
offense, that different crimes must be
punished with different penalties.
 The penalty must be personal in that no one
should be punished for the crime of another.
 The penalty must be legal, that it is the
consequence of a judgment according to law.
 The penalty must be certain, that no one may
escape its effects.
 The penalty must be equal for all.
 The penalty must be correctional.
 By the death of the convict
 By service of sentence
 By amnesty
 Amnesty, which completely extinguishes the
penalty and all its effects:
 Amnesty defined. It is an act of the sovereign
power granting oblivion or a general pardon for
a past offense.
 And is rarely, if ever, exercised in favor of a single
individual and is usually exerted in behalf of
certain classes of persons; who are subject to
trial but have yet been convicted.
 However, amnesty maybe granted after
conviction. All its civil liabilities are being
extinguished also.
 It is an act of grace proceeding from the power
entrusted with the execution of the laws, which
exempts the individual on whom it is bestowed
from the punishment, the law inflicts for the
crime he has committed.
 Pardon will only extinguished the punishment of
crime upon acceptance of the grantee.
 Once pardon is accepted by the grantee the
pardon already delivered cannot be revoked by
the authority, which granted pardon.
 It cannot be extended to cases of
impeachment.
 It cannot be granted to violation of
election law without approval of
COMELEC.
 It is only exercised after conviction.
 Pardon includes any crime and is exercise individually
by the President; while, amnesty is a blanket pardon to
classes of persons or communities who may be guilty of
political offense.
 Pardon is exercise when the person is already
convicted; while, amnesty maybe exercise even before
trial or investigation.
 Pardon looks forward and relieves the offender from
the consequences of an offense of which he has been
convicted, it abolishes or forgives the punishment, and
for that reason it does not work for the restoration of his
rights to hold public office or the right of suffrage,
unless such rights be expressed restored by the term of
the pardon.
 On the other hand, amnesty looks
backward and abolishes and put into
oblivion the offense itself, it over
looks and obliterates the offense
with which he is charged that the
person released by amnesty stands
before the law precisely, as though
he has committed no offense.
 Pardon does not alter the fact that the
accused is a recidivist, because it produces the
extinction only of the personal effects of the
penalty.
 Amnesty makes an ex-convict no longer a
recidivist, because it obliterates the last
vestige of the crime.
 Pardon being private act of the President,
must be pleaded and proved by the person
being pardoned; while, amnesty being a
proclamation of the Chief executive with the
concurrence of Congress, is a public act of
which should take judicial notice.
 To do away with the miscarriage of justice;
 To keep abreast with the current philosophy,
concept or practice of criminal justice
administration;
 To restore full political and civil rights of
persons who have already served their
sentence and have waited the prescribed
period.
 Prescription of the crime defined. Is the
forfeiture or loss of the right of the state
to prosecute the offender after the lapse
of a certain time.
 Period of Prescription of crimes
 Crimes punishable by Death, Reclusion
Perpetua or Reclusion Temporal – 20
years
 Crimes punishable by other Afflictive
Penalties – 15 years
 Crimes punishable by Correctional Penalty –
10 years
 Crimes punishable by Arresto Mayor – 5 years
 Crime of libel or other similar offenses – 1
year
 Offenses of Oral Defamation and Slander by
Deed – 6 months
 Light Offenses – two (2) months
 Offenses punished only by a fine or by
imprisonment for not more than one month, or
both – after 1 year
 Offenses punished by imprisonment for more
than one month, but less than two (2) years –
after 4 years
 Offense punished by imprisonment for six (6)
years or more – after 12 years
 Offense punished by imprisonment for two
(2) years or more – after 8 years
 Offenses under Internal Revenue Law – after
5 years
 Violations of Municipal Ordinances – after 2
months
 Violations of the regulations and conditions
of certificate of convenience by the Public
Service Commission – after two (2) months
 The computation of prescription of offenses
or crime shall start to count from the day of
which offense or crime is being discovered,
by the offended party, authorities or their
agents.
 It is interrupted by filing of complaint or
information.
 It would commence to run again when such
proceedings terminate without the accused
being convicted or acquitted or are
unjustifiably stopped for any reason not
imputable to him.
 The term of prescription shall not run when
the offender is absent from the Philippines.
 Is the loss or forfeiture of the right of the
government to execute the final sentence
after the lapse of a certain time.

 Conditions necessary in Prescription of

Penalty
 That there must be final judgment;
 That the period of time prescribed by law for
its enforcement has lapsed.

 Prescription whether by penalty or crime, the

state or the people loses the right to
prosecute the crime or to demand of the
sentence of the penalty imposed.
 Crimes sentence to death and reclusion
perpetua – 20 years
 Afflictive penalties – 15 years
 Correctional penalties – 12 years
 Arresto mayor – 5 years
 Light penalties – 1 year
 The period of the prescription of sentence
commence when the sentence imposed is
already final.
 If a convict appealed and thereafter fled, the
penalty imposed upon him would never
prescribe, because pending the appeal the
sentence is not yet final.
 The period of prescription of penalties
commence to run from the date when the culprit
evaded the service of sentence.
 It will only be interrupted if the culprit:
 gives himself up;
 be captured;
 goes to a foreign country with which we have
no extradition treaty;
 Commits another crime before the expiration
of the period of prescription.
 The period of prescription of penalties shall
commence to run again when the convict
escapes again, after having been captured
and return to prison.
 Rape
 Acts of lasciviousness
 Seduction
 Abduction
 Art 344 RPC
 R.A. 8353 1997 Rape Law
 The offenses of seduction, abduction, rape or
acts of lasciviousness, shall not be prosecuted
except upon a complaint filed by the
offended party or her parents, grandparents,
or guardian, nor, in any case, if the offender
has been expressly pardoned by the above
named persons, as the case may be,
 In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the
offender with the offended party shall
extinguish the criminal action or remit the
penalty already imposed upon him. The
provisions of this paragraph shall also be
applicable to the co-principals, accomplices
and accessories after the fact of the above-
mentioned
 Art. 23. Effect of pardon by the offended
party. — A pardon of the offended party does
not extinguish criminal action except as
provided in Article 344 of this Code; but civil
liability with regard to the interest of the
injured party is extinguished by his express
waiver.
 By conditional Pardon

 Art. 95. Obligation incurred by person granted

conditional pardon. — Any person who has been
granted conditional pardon shall incur the
obligation of complying strictly with the conditions
imposed therein otherwise, his non-compliance
with any of the conditions specified shall result in
the revocation of the pardon and the provisions of
Article 159 shall be applied to him.
 Art. 159. Other cases of evasion of service of
sentence. —
 The penalty of prision correccional in its
minimum period shall be imposed upon the
convict who, having been granted conditional
pardon by the Chief Executive, shall violate
any of the conditions of such pardon.
 However, if the penalty remitted by the
granting of such pardon be higher than six
years, the convict shall then suffer the
unexpired portion of his original sentence.
 Art. 36. Pardon; its effect. — A pardon shall
not work the restoration of the right to hold
public office, or the right of suffrage, unless
such rights be expressly restored by the
terms of the pardon.

 A pardon shall in no case exempt the culprit

from the payment of the civil indemnity
imposed upon him by the sentence.
 Commutation defined. Is an act of clemency
by which an execute act changes a heavier
sentence to a less serious one or a longer
term to a shorter term.
 It is a change of decision of the court, made
by the Chief Executive by reducing the degree
of the penalty inflicted upon the convict, or
by decreasing the length of the imprisonment
or the amount of the fine.
 to break the rigidity of the law;
 to extend parole in case where the
parole law do not apply;
 to save the life of person sentenced to
death
 when the convict sentenced to death is over
70 years of age;
 when the justices of the Supreme Court fail to
reach a decision for the affirmation of the
death penalty.
 In either case, the degree of penalty is
reduced from death to reclusion perpetua.
 In commutation of sentence, consent of the
offender is not necessary. The public welfare
not his consent determines what shall be
done.
 In either case, the degree of penalty is
reduced from death to reclusion perpetua. In
commutation of sentence, consent of the
offender is not necessary.
 Decriminalization of an act
 Reduction of penalty imposed
 for commutation of sentence – at least one (1) month
before the expiration of one-third (1/3) of the minimum
period of the inmate’s indeterminate sentence and in
special cases, at least one (1) month before the periods
specified by the Board.

 for conditional pardon – at least one (1) month before

the expiration of one-half (1/2) of the minimum period
of the inmate’s indeterminate sentence and in special
cases, at least one (1) month before the period as the
board may specify.

 for parole – at least one (1) month before the expiry

date of his minimum sentence.
 A parole may be granted to a prisoner after
serving the minimum penalty under the
indeterminate sentence law.

Parole consists of the suspension of the

sentence of a convict after serving the minimum
term of the indeterminate penalty, without
granting a pardon, prescribing the terms upon
the sentence shall be suspended.
 If the convict fails to observe the conditions
of the parole the Board of Pardons and Parole
is authorized to direct his arrest and return to
custody thereafter to carry out his sentence
without deduction of the time that has
elapsed between the date of the parole and
the subsequent arrest. A mere commission of
an offense warrants the parolees’ re-
incarceration
 Act 4103
 R.A. 4203
 E.O. 292
 Section 1. Composition of the Board As
Provided By Law. — In accordance with the
provisions of Act No. 4103, as amended, the
Board of Pardons and Parole shall be
composed of the Secretary of Justice, or his
representative who shall serve full-time, as
Chairman and six (6) members consisting of:
The Administrator of the Parole and
Probation Administration as ex-officio
member
 a. the prisoner is confined 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 period of
said sentence.
 a. the degree of prisoners rehabilitation
and his institution and his behavior or
conduct.
 b. previous criminal record, if any, and the
risk to other person, including the victim
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 offence and the manner in
which it was committed, and prisoners attitude
towards the offense and his degree of
remorse;

 d. evidence that the prisoner will be legitimate

employed upon release, or has a place where
he will reside; and

 e. the age of the prisoner and the availability of

after-care services for the prisoner who is old,
seriously ill or suffering from a physical
disability.
 Board may grant a prisoner parole based on reports
regarding the prisoner's work and conduct and on
the study and investigation by the Board itself and it
finds the following circumstances are present.
 a. That the prisoner if fitted by his
training for release;
 b. That there is reasonable probability
that, he will live and remain at liberty
without violating the law; and
 c. That his release will not be
incompatible with the welfare of society.
 Board Action - 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 terms
and conditions appearing in release
document, to order to grant parole the arrest
and recommitment of a parolee, and to issue
certificate of final Release and Discharge to a
parolee, the decision or action must be
supported by at least four (4) votes of the
members of the Board.
 RULE 3.3. Parole Supervision-After release from
confinement, the parolee shall be placed under supervision
of the Probation and Parole Officer specified in the
released Document so the former may be guided and
assisted towards rehabilitation. The period of which should
appear in the released Document.

 RULE 3.4. Presentation to Probation and Parole

Officer- Within the period prescribed in his release
Document, the parolee shall present himself to he
probation and Parolee Officer specified in the Release
Document for supervision.
 If the parolee fails to report within forty five days from
the date of his release from confinement, the Probation and
Parole Officer shall inform the Board of such failure for the
Boards appropriation action.
 RULE 3.5 Arrival Report-Within Fifteen (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 Parole and
Probation Administration, of such fact.

 RULE 3.6. Mandatory Conditions of

Supervision- It shall be mandatory for a
parolee to comply with the terms and conditions
appearing in the Released Document.
 a. Those convicted of an offense
punished with the death penalty,
reclusion perpetua of life imprisonment;
 b. Those convicted of treason, conspiracy
or proposal to commit treason or
espionage;
 c. Those convicted of misprision of
treason, rebellion, sedition of coup d
etat;
 d. Those who are of piracy or mutiny on the
high seas or Philippine waters;

 e. 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
conviction of the crimes of serious or less
serious physical injuries, robbery, theft,
estafa, and, falsification, are found guilty of
any said crimes a third time of oftener;

 f. Those who escaped from confinement or

evaded sentence;
 g. Those who having been granted
conditional pardon by the president of the
Philippines shall have violated any of the
terms thereof;

 h. Those suffering from any mental

disorder as certified by the a government
psychiatrist/psychologist;

 j. Those whose conviction is on appeal or

has not yet become final and executory;
 In case the prisoner has one or more co-
accused who had been convicted, the
Director/Warden concerned shall forward
their prison records and carpetas at the
same time.

 k. Those who have pending criminal case/s;

l. Those national prisoners serving sentence in

a municipal, city district or provincial jail
unless the confinement in said jail is in good
faith or due to circumstances beyond the
prisoners control
 upon the expiration of his sentence;
 by order of the Court or of competent
authority or;
 after being granted parole, pardon or
amnesty.
 If the inmate has a pending criminal case, the
Director shall inform the court n at least thirty
(30) days before the actual date of release
 Release of foreign national –At least thirty
(30) days before the approximate date of
release, the Director shall furnish the
Commissioner of Immigration with certified
copies of the court decision in the case of the
inmate in an appropriate government
institution.
 the Supreme Court or lower courts, in case of
acquittal or grant of bail;
 the President of the Philippines, in case of
executive clemency or amnesty.
 the Board of Pardons and Parole, in parole
cases; and
 the Director, upon the expiration of the
sentence of the inmate.
 The Director shall not order or allow an
inmate to leave prison sixty (60) days before
and thirty (30) days after an election except
for valid or legal reasons.
 An inmate shall, thirty (30) days before his
scheduled date of release, be transferred to
the Separation and Placement Center to
prepare him for reentry into free society,
provided he is not under punishment or an
escape risk, and is cleared of his government
property accountabilities.
• The early beginning of probation can
be trace back in 1300’s where English
courts had established the practice of
binding over for good behavior, in
which offenders could be entrusted
into the custody of willing citizens.
 John Augustus (1784-1859)

 1878 the State of Massachusetts

enacted a statute that hire’s a
paid probation officer Edward N.
Savage, was hired to be the first
paid probation officer in Boston,
after which probation have gain a
worldwide acceptance as an
alternative to prison
 Act No. 4221 of 1937
known as the Probation Act.
 PD 968 of 1976
 Teodulo Natividad
 Probation affects 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.
(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) prevent the commission of offenses.
 A. one of the major goals of the
government is to establish a more
enlightened and humane correctional
systems that will promote the
reformation of offenders and thereby
reduce the incidence of recidivism;
 B. the confinement of all offenders prisons
and other institutions with rehabilitation
programs constitutes an onerous drain on the
financial resources of the country; and
 C. 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;
 SECTION 4. Grant of Probation. – Subject to the
provisions of this decree, the trial court may, after it
shall have convicted and sentenced a defendant,
 and upon application by said defendant within the
period of perfecting an appeal,
 suspend the execution of the sentence and place the
defendant on probation for such period and upon such
terms and conditions as it may deem best:
 Provided, That no application for probation shall be
entertained or granted if the defendant has perfected
the appeal from the judgment of conviction.
 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. The filing of the application shall be deemed a
waiver of the right to appeal.
 An order granting or denying probation shall not be
appealable.
 The provisions of Section 4 of Presidential Decree No.
968, as above amended, shall not apply to those who
have already filed their respective applications for
probation at the time of the effectivity of this Decree.
 SECTION 5. Post-Sentenced Investigation. – No
person shall be placed on probation except upon
prior investigation by the probation officer and a
determination by the court that the ends of justice
and the best interest of the public as well that of the
defendant will be served thereby.

 SECTION 6. Form of Investigation Report. – The

investigation 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.
 SECTION 7. Period for Submission of
Investigation Report. – The probation
officer shall submit to the court the
investigation report on a defendant not
later than sixty (60) days from receipt of
the order of said court to conduct the
investigation. The court shall resolve the
application for probation not later than
fifteen (15) days after receipt of said
report.
 Pending submission of the investigation
report and the resolution of the petition, the
defendant may be allowed on temporary
liberty under his bail filed in the criminal case:
Provided, That in case where no bail was filed
of that the defendant is incapable of filing
one, the court may allow the release of the
defendant on recognizance to the custody of
a responsible whenever required by the court.
 SECTION 8. Criteria for Placing an Offender
on probation. – In determining whether an
offender may be placed on probation, the
court shall consider all information relative to
the character, antecedents, environment,
mental and physical condition of the
offender, and available institutional and
community resources. Probation shall be
denied if the court finds that:
 the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution ; or
 there is an undue risk that during the period
of probation the offender will commit
another crimes; or
 probation will depreciate the seriousness of
the offense committed.
 SECTON 9. Disqualified Offenders. –
The benefits of this Decree shall not be
extended to those:
 sentenced to serve a maximum of
imprisonment of more than six (6)
years;
 convicted of subversion or any crime
against the national security or public
order;
 who have previously been convicted by final
judgment of an offense punished by
imprisonment of not less than one (1) month
and one (1) day and/or a fine of not less than
two hundred pesos (P200.00);
 who have been once on probation under the
provisions of this Decree; and
 who are already serving sentence at the time
the substantive provisions of this Decree
became applicable.
 Treason
 Conspiracy and Proposal to commit Treason
 Misprision of Treason
 Espionage
 Inciting to was or giving motives for reprisals
 Violation of Neutrality
 Correspondence with hostile country
 Flight to enemy’s country
 Piracy and Mutiny
 Qualified Piracy
 Rebellion or Insurrection
 Coup d’etat
 Conspiracy and Proposal to commit coup d’etat, rebellion or insurrection
 Disloyalty of Public officers or employees
 Inciting to rebellion or insurrection
 Sedition
 Acts tending to prevent the meeting of assembly and similar bodies
 Disturbance of proceedings
 Violation of parliamentary immunity
 Illegal Assemblies
 Illegal Associations
 Direct Assault
 Indirect Assault
 Disobedience to summons
 Resistance and Disobedience to a person in authority or agents
 SECTION 10. Conditions of Probation. –
Every probation order issued by the court
shall contain conditions requiring that the
probationer shall:
 present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within seventy-two (72) hours from receipt of
said order’ and
 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 :
 cooperate with a program of supervision;
 meet his family responsibility;
 devote himself to a specific employment and not to
change said employment without the prior written
approval of the probation officer;
 undergo medical, psychological or psychiatric
examination and treatment and enter and remain in a
specified institution, when required for that purpose;
 pursue a prescribed secular study or vocational training;
 attend or reside in a facility established for instruction,
recreation or residence of persons on probation;
 refrain from visiting houses of ill-repute;
 abstain from drinking intoxicating beverages
to excess;
 permit the probation officer or an authorized
social worker to visit his home and place of
work;
 reside at premises approved by it and not to
change his residence without its prior written
approval; or
 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.
 SECTION 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 serve the penalty imposed for the
offense under which he was placed on probation.
 SECTION 12. Modification of Conditions 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
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 or probation.
 SECTION 13. Control and Supervision
of Probationer. – The probation and his
probation program shall be under the
control of the court who placed him on
probation subject to actual supervision
and visitation by a probation officer.
 Whenever a probationer is permitted to reside in
a place under the jurisdiction of another court,
control over him shall be transferred to the
Executive Judge of the court of Fist Instance of
that place, and in such a case, a copy of the
probation order, the investigation report and
other pertinent records shall be furnished by the
said Executive Judge.
 Thereafter, the Executive Judge to whom the
jurisdiction over the probationer is transferred
shall have the power with respect to him that
was previously possessed by the court which
granted the probation.
 SECTION 14. Period of Probation. –
 The period 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, the said period
shall not exceed six (6) years.
 When 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
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.
 SECTION 15. Arrest of Probationer;
Subsequent Disposition. – At any time during
probation, the court may issue a warrant for
the arrest of a probationer for any serious
violation of the conditions of probation.
 The probationer, once arrested and detained,
shall immediately be brought before the court
for a hearing of the violation charged.
 The defendant may be admitted to bail
pending such hearing. In such case, the
provisions regarding release on bail of persons
charged with a crime shall be applicable to
probationers arrested under this provision.
 In the hearing, which shall be summary in
nature, the probationer shall have the right to
be informed of the violation charged and to
adduce evidence in his favor. The court shall not
be bound by technical rules of evidence but may
inform itself all the facts which are material and
relevant to ascertain the veracity of the charge.
A prosecuting officer in any contested hearing
shall represent the State.
 If the violation is established, the court may
revoke or continue his probation and modify
the conditions thereof.
 If revoked, the court shall order the
probationer to serve the sentence originally
imposed.
 An order revoking the grant of probation or
modifying the terms and conditions thereof
shall not be appealable.
 SECTION 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
suspended as a result of his conviction and to
fully discharge his liability for any fine
imposed as to the offense for which
probation was granted.
 SECTION 17. Confidentiality of Records. – The
investigation 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 and the court concerned,
 except that the court, in its discretion, may permit the
probationer or his attorney to inspect the
aforementioned documents or parts thereof
whenever the best interest of the probationer makes
such disclosure desirable or helpful:
 Provided, That any government office or agency
engaged in the correction or rehabilitation of offense
may, if necessary, obtain copies of said documents for
its official use form the proper court or the
Administration
 The Classical School of thought
 Neo-classical
 The Positive School of thought

Early forms of Corrections

 Pungent Posion
 Grotesques Mask
 Trephination Method
 Banishment
 Flogging
 Mutilation
 Branding
 Public Humiliation
 Exile or Banishment
 Work houses
 “Saint Bridget’s Well” – Brideswell

 In 1166 A.D. Assize of Clarendon (Constitution

of Clarendon) constructed the first facility
designed solely for public incarceration. This
facility was known as Gaol (known as Jail
today). The gaol was being managed by the
Shire Reeve.
 John Howard
 prisoners must be segregated according to sex,
age, and gravity of their offense;
 the jailer or staff must be paid to prevent
extortion to prisoners;
a chaplain and a medical officer must be
employed to address the spiritual and medical
needs of the prisoners;
 prisoners should be provided with clothing and
food;
 liquor should be prohibited in jail;
 Hospice of San Michelle a papal prison which
opened in 1704 and the Maison de Force,
which begun at Ghent, Belgium in 1773.
 Both institutions were actually a residential
school for juvenile delinquents which
advocated reformation than punishment.
 These institutions were used and followed by
other prisons as an alternative to the use of
physical and public punishment.
 Pennsylvania System
 William Penn the governor of the state of
Pennsylvania initiated early reforms in their
prison system such as;
 abolishing capital punishment for crimes other
than homicide
 substituting bloody punishment to
imprisonment and hard labor.
 providing free food and lodging to inmates
replacing the pillory and stocks with houses of
detention.
 Wallnut Street Jail. Humane and religious principles
were applied into the handling of prisons.
 Rehabilitation and deterrents were its objectives in
applying these principles.
 Prisoners were held in solitary confinement where
they make their repentance or self-punishment of the
crime they committed.
 The rehabilitation process was anchored on the
teachings of the Bible, their solitary confinement was
intentionally designed to avoid contact with other
inmates and staff to avoid contamination of criminal
behavior.
 Prisoners were allowed to work inside their cells and
they are not allowed to talk. This concept was called
“Pennsylvania System” which was also followed by
other states in America.
 Auburn System
 As prison system began to grow, solitary
confinement of the Pennsylvania system
became very expensive to put-up and maintain.
 The first prison to abandon the Pennsylvania
system was the New York State Prison at
Auburn.
 As a solution to the problem, Auburn introduced
the congregate prison in silent system.
 Under this system, prisoners worked, lived and
ate together in silence.
 Whipping and hard labor was given to prisoners
to maintain the rule of silence.
 The New York State Prisons change the concept
of Pennsylvania system as they pattern its
concept of solitary confinement
 1840 assumed the post in Norfolk Island were
prisoners were transported.
 The Mark System. Prisoners could earn enough
credits to buy their freedom, their bad behavior
removes the mark they have already gained,
while, acceptable behaviors were added to the
number of marks earned.
 This concept done by Maconochie was
considered the first form of Indeterminate
Sentencing.
 On 1854 the Irish concept of ticket-of-leave system was
introduced where offenders could earn their early release
by stages:
 First stage, inmates were held in solitary confinement and
performed dull and monotonous work in Mount joy prison.
 Second stage, they were assigned to spike island where
they work on fortifications or public works projects.
 Third stage, prisoners were assigned in field units in which
they worked directly to the community on community
service or other community projects with unarmed guards
supervising them.
 Fourth stage, prisoners worked in the community without
supervision, moving freely between prisons and the
community.
 Fifth stage, prisoners who were able to follow the stages
successfully were awarded the “ticket of leave”.
 Ticket of leave is a conditional release that
could be revoked any time before the
original sentence expired.
 If the offender violated any of the
established standards its early release is
revoked.
 Essentially the ticket of leave in which
Crofton designed is the first form of formal
parole, which is used today.
 Former president of the United States, was
elected as the first president of the National
Prison Association.
 PNA Principles:
 Reformation not the vindictive infliction of
suffering should be the purpose of penal
treatment.
 Prisoners should be classified on the basis of
a mark system.
 Rewards should be provided for good
conduct.
 Prisoners should be made to realize that their
future rest in their own hands.
 Indeterminate sentences should be substitute fixed
sentences and disparities in sentences removed.
 Religion and education are the most important agencies of
reformation.
 Discipline should be administered so that it gains the
cooperation of the inmate and maintains his self-respect.
 The goal of the prison should be to make industrious free
citizens, not orderly and obedient prisoners.
 Industrial training should be fully provided.
 Prisons should be small; separate institutions should be
provided for different types of offenders.
 The social training of prisoners should be facilitated; silence
rules should be abolished.
 Society at large must realize that they are responsible for
the conditions that bleed crimes.
 Warden of Sing Sing Prison in New York;
 Visited and studied the prisons in England;
 Recommended indeterminate sentences be
used in American prisons;
 Reformatory based upon the concept of an
earned early release if the inmate reformed
himself.
 Zebulon Brockway introduced the
enlightened approaches to the prisoners
but still maintains strong discipline.

 Approaches are designed to reform and

improve both the body and mine of the
prisoners;
 Classification of prisoners according to their
behavior
 A regular exercise
 Vocational training
 Formal Academic Education as Elmira’s most
important mission
 Indeterminate Sentence
 Parole
 Elmira accepts only first offenders between
16 to 30 years old.
 Six systems of inmate labor used:

 Contract System – materials were provided by private

businesses its manufacturing process was supervised inside the
prison.
 Piece-price system – materials and the products are produced
by the prisons and bought by the private businesses
 Lease system – prison institutions acting like labor firm or labor
agency to private businesses that need manpower.
 Public Account system – goods and products are owned and
manage by the prison and sold it to the market.
 State-use system – prisoners provided the labor for state
agencies.
 Public works – prisoners worked in roads and highways
construction
 Treatment era came after the World War II
in 1940’s, this is based on a medical
model of corrections.
 This concept combined the correction,
reformation and behavioral treatment or
psychiatric approach.
 Inmates are treated as “clients” or
“patients” than offenders
 Individual Treatment – The offender and the therapist
develop a face-to-face relationship. Most individual
approaches depict the offenders as someone who has not
developed sufficiently to manage his own behavior
effectively. One reason for this is traumatic experiences in
early life, the therapist will try to uncover its causes and let
the inmate understand in order to produce effective
behavioral changes.
 Group therapy relies upon the sharing of insights gleaned
by process, making it clear to the client the emotional
basis of his or her criminal behavior. The inability of the
inmates to own up responsibilities must be attack and rid
them off as values or self-concept, for them to accept
positive and productive image.
 GGI or Guided Group Interaction is a
treatment strategy, which combines
elements of individual treatment, and group
therapy. In GGI the therapist assists the group
in uncovering individual fears, hidden
experiences, and anxieties which act as
barriers to conventional behavior.
 Behavior therapy was structured so as to provide rewards
for approved behavior, while punishing undesirable
behavior. If the client was able to follow good behavior
rewards will be provided unto them such as: better housing
conditions, better foods, TV privileges, and the like.
 Chemotherapy – involved the use of drugs, especially
tranquilizers, to modify behavior.
 Neurosurgery – was used on highly aggressive inmates to
control their destructive behavior.
 Sensory Deprivation – is sought to calm disruptive
offenders by denying them the stimulation, which might set
off outbursts of destructive behavior.
 Aversion therapy – is through the use of drugs or electric
shocks in an attempt to teach the offender to associate pain
and displeasure with a certain stimuli, which previously led
to criminal behavior.
 Farming
 Technical and
 Vocational Skills
 Industrial work
  Types of Informal Prison Groups according to
Donald Clemmer
 “The Politicians” or “Big Shots The politicians have
achieved distinction as a group in the prisoner
community because of their checkered criminal
careers and participation in one or more notorious
crimes. Their chief function in prison consist in
seizing power, and the planning of sabotage, strikes,
riots, and future prison breaks.
 The “Right Guys”. The right guys exert tremendous
power and influence over other inmates in enforcing
strict observance of the “Prisoners’ Code”.
 The “Moonshiners”. The moonshiners comprise those
inmates who engage in the secret manufacture and sale
of moonshine liquor to other inmates. The ingredients of
this spirituous concoction may include shaving lotion,
Listerine antiseptic, shoe polish, rubbing alcohol, sugar
stolen from the commissary, and perhaps other available
components. This liquor is in considerable demand by
the “long termers,” neurotic prisoners, and depressed
inmates who require exotic stimulation.
 The Dope Peddlers. In many institutions a small informal
group of inmate dope peddlers has the monopoly on the
distribution and sale of narcotics at exorbitant prices to
fellow inmates. Narcotics are often smuggled into an
institution by unreliable guards and irresponsible visitors,
who act as liaison agents for the drug traffic.
 The Larceny Boys. The larceny boys make a special
business of stealing the personal belongings of
unsuspecting prisoners and selling the loot to still
other inmates.
 The Gambling Syndicate. Gambling in prison is often
organized into a hierarchy consisting of several
informal gambling groups. A monopoly of gambling
may exist within the institution whereby the Kingpin at
the top of the hierarchy exacts a toll, tax or levy from
the stakes of each game played.
 Leather Workers. The leather workers consist of one or
more informal groups which devote all of their leisure
time to the manufacture of artistic leather goods for
sale to the public.
 The Religionists. Many prisons have one or more
fanatically religious groups which believe in giving
emotional expression to their radical religious beliefs
at any time or place within the institution.
 The Homosexuals or “Wolves”. The prison
community is abnormal in that it is a one-
sex community. The prison rules and
regulations strongly disapprove of all types
of sex expression. The resulting sex
repression and frustration create an
environmental climate within the prison
conducive to emergence of homosexuality,
which may take the form of promiscuity,
prostitution, or even “marriage”.
 Manufacturers of Weapons. The prison also has its
informal inmate group secretly engaged in the
production and sale of weapons to other inmates, such
as knives, saws, hatchets, black jacks, whip, and the
like.
 The Spartans. The Spartans, an absolutely harmless
informal group, are primarily interested individual and
as a group in displaying their physical bodies in the
nude. They take great delight in strutting about the
locker rooms, showers and toilets, flexing their
muscles, displaying their sexual organs , and exhibiting
their hair on their breasts as evidence of masculinity.
  Prison Lifestyles and Inmates Types according to
John Irwin
 The Mean Dude. Some inmates adjust to prison by being
mean. They are quick to fight, and when they fight, they
fight like wild mean (or women). They give no quarter and
seem to expect none in return. Other inmates know that
such prisoners are best left alone. The mean dude receives
frequent write-ups and spends much time in solitary
confinement.
 The Hedonist. Some inmates build their lives around the
limited pleasures which can be had within the confines of
prison. The smuggling of contraband, homosexuality,
gambling, drug running, and other officially condemned
activities provide the center of interest for prison hedonists.
Hedonists generally have an abbreviated view of the future,
living only for “now”.
 The Opportunist. The opportunist takes
advantage of the positive experiences
prison has to offer. Schooling, trade
training, counseling and other self-
improvement activities are the focal points
of the opportunist’s life in prison.
Opportunists are the “do-gooders” of the
prison subculture. They are generally well-
liked by prison staff, but other prisoners
shun and mistrust them because they
come closest to accepting the role which
the staff defines as “model prisoner”.
 The Retreatist. Prison life is rigorous and
demanding. Badgering by the staff and
actual or feared assaults by other inmates
may cause some prisoners to attempt
psychological retreat from the realities of
imprisonment. such inmates may
experience neurotic or psychotic episodes,
become heavily involved in drug and
alcohol abuse, or even attempt suicide.
 The Legalist. The Legalist is the “jail house
lawyer”. Just like the mean dude, the legalist
fights confinement. The weapons in this fight
are not fists or clubs, however, but the legal
“writ”. Convicts facing long sentences, with
little possibilities for early released through
the correctional system, are most likely to
turn to the courts in their battle against
confinement.
 The Radical. Radical inmates picture themselves as political
prisoners. Society, and the successful conformists who
populate it, are seen as oppressors who have forced
criminality upon many “good people” through the creation
of a system which distributes wealth and power inequitably.
The radical inmates speaks a language of revolution and may
be versed in the writings of the “great” revolutionaries of the
past.
 The Colonist. Some inmates think of prison as their home.
They “know the ropes,” have many “friends” inside, and may
feel more comfortable institutionalized than on the streets.
 The Religious. Some prisoners profess a strong religious
faith. They may be “born again” Christians, committed
Muslims, or even Hare Krishnas. Religious inmates
frequently attend services, may form prayer groups, and
sometimes ask the prison administration to allocate meeting
facilities or create special diets to accommodate their
claimed spiritual needs.
 Types of Correctional Officers according to John Irwin
 The Dictator. Some officers go by the book;
others go beyond it, using prison rules to
enforce their own brand of discipline. The guard
who demands signs of inmates subservience,
from constant use of the word “sir” or “ma’am”
to frequent free shoeshines, is one type of
dictator. Another goes beyond legality , beating
or “making” inmates even for minor infractions
or perceived insults. Dictator guards are bullies.
They find their counterpart in the “mean dude”
inmate.
 The Friend. Friendly officers try to
fraternize with inmates. They
approach the issue of control by
trying to be “one of the guys”. They
seem to believe that they can win
inmate cooperation by being nice.
Unfortunately, , such guards do not
recognize that fraternization quickly
leads to unending requests for
special favors from delivering mail to
being “minor” prison rules.
 The Merchant. Contraband could not
exist in any correctional facility without
the merchant officer. The merchant
participates in the inmate economy,
supplying drugs, pornography, alcohol,
and sometimes even weapons to
inmates who can afford to pay for
them.
 The Indifferent. The indifferent type of
officer cares little for what goes on in the
prison setting. Officers who fit this category
may be close to retirement, or they may be
alienated from their jobs for various reasons.
Low pay, the view that inmates are basically
“worthless” and incapable of changing , and
the monotonous ethic of “doing time” all
combine to numb the professional
consciousness of even young officers.
 The Climber. The climber is apt to be a young
officer with an eye for promotion. Nothing
seems impossible to the climber, who
probably hopes eventually to be warden or
program director or to hold some high-status
position within the institutional hierarchy.
 The Reformer. The reformer is the “do-
gooder” among officers, the person who
believes that prison should offer
opportunities for personal change. The
reformer tends to lend a sympathetic ear to
the personal needs of inmates and is apt to
offer “arm-chair” counseling and
suggestions.
  Types of Female Inmates according to Esther
Heffernan
 The Square – Square inmates had few early
experiences with criminal lifestyles and tended to
sympathize with prison values and attitudes of
conventional society.
 The Cool – Cool prisoners were more likely to be
career offenders. They tended to keep themselves
and were generally supportive of inmate values.
 The Life – Life group members were full participants
in the economic, social, and familial arrangements of
the prison. . the life offered an alternative lifestyle to
women who had experienced early and constant
rejection by conventional society.
Thank you