Correction Administration
Correction Administration
Correction Administration
MODULE 1
Historical Background of Corrections
COURSE OBJECTIVES
This module was created for criminology course, specifically prepared to aid the
criminology students to be abreast with the police system as a future law
enforcer and peace officer.
This module is intended to give idea to the students on the policing process or
how the police agencies are organized and managed in order to achieve the
goals of law enforcement most effectively, efficiently and productivity.
LESSON 1.1 Historical Perspective on Corrections
Important Dates and Events in the History of Corrections:
1468 (England)
Torture as a form of punishment became prevalent.
16th Century
Transportation of criminals in England, was authorized. At the end of the 16th C, Russia
and other European Countries followed this system. It partially relieved
overcrowding of prisons. Transportation was abandoned in 1835.
Galleys – long, low, narrow, single decked ships propelled by sails, usually rowed by
criminals. A type of ship used for transportation of criminals in the 16th century.
Hulks – decrepit transport, former warships used to house prisoners in the 18th and
19th century. These were abandoned warships converted into prisons as means of
relieving congestion of prisoners. They were also called “floating hells”.
Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in the
primitive society). The concept of personal revenge by the victim’s family or tribe against the
family or tribe of the offender, hence “blood feuds” was accepted in the early primitive
societies.
Fines and Punishment – Customs has exerted effort and great force among primitive
societies. The acceptance of vengeance in the form of payment (cattle, food, personal services,
etc) became accepted as dictated by tribal traditions. As tribal leaders, elders and later kings
came into power, they begun to exert their authority on the negotiations. Wrongdoers could
choose to stay away from the proceedings (Trial by ordeal) but if they refuse to abide by the
law imposed, they will be declared to be an outlaw.
Early Codes:
History has shown that there are three main legal systems in the world, which have been
extended to and adopted by all countries aside from those that produced them. In their
chronological order, they are the Roman, the Mohammedan or Arabic and the Anglo-American
Laws. Among the three, it was Roman law that has the most lasting and most pervading
influence. The Roman private law (Which include Criminal Law), especially has offered the most
adequate basic concepts which sharply define, in concise and inconsistent terminology, mature
rules and a complete system, logical and firm, tempered with a high sense of equity. (Coquia,
Principles of Roman Law, 1996)
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the
oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one
hundred years older.
2. Roman and Greek Codes
a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his code of law. An effort to
match a desirable amount of punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation of Western legal codes. The
Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of
Roman law incorporated into the Justinian Code. It is the foundation of all public and private
law of the Romans until the time of Justinian. It is also a collection of legal principles engraved
on metal tablets and set up on the forum.
b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance,
Blood Feuds). The Greeks were the first society to allow any citizen to prosecute the offender in
the name of the injured party.
3. The Burgundian Code (500 A.D) – specified punishment according to the social class of
offenders, dividing them into: nobles, middle class and lower class and specifying the value of
the life of each person according to social status.
Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the influence of the Roman Law.
History has shown that the Roman Empire reached its greatest extent to most of continental
Europe such as Spain, Portugal, French and all of Central Europe. Eventually, the Spanish
Civil Code became effective in the Philippines on December 7, 1889, the
“Conquistadores” and the “Kodigo Penal”(The Revised Penal Code today, 1930) was introduced
by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman
Law principles (Coquia, Principles of Roman Law, 1996). Mostly tribal traditions, customs and
practices influenced laws during the Pre-Spanish Philippines.
There were also laws that were written which includes:
a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law
that prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
Early Prisons:
1. Mamertine Prison – the only early Roman place of confinement which is built under the
main sewer of Rome in 64 B.C Other places of confinement in the history of
confinement include FORTRESSES, CASTLES, and TOWN GATES that were strongly built
purposely against roving bands of raiders. The most popular workhouse was the
BRIDEWELL WORKHOUSE (1557) in London which was built for the employment and
housing of English prisoners.
Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It was
converted into a state prison and became the first American Penitentiary.
Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the Philippines was tribal in nature.
Village chieftains administered it. It was historically traced from the early written laws.
In 1847, the first Bilibid Prison was constructed and became the central place of confinement
for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons
originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being
used as the Manila City Jail, famous as the “May Haligue Estate”.
THE EMERGENCE OF SECULAR LAW
4th A.D. - Secular Laws were advocated by Christian philosophers who recognizes the need for
justice. Some of the proponents these laws were St. Augustine and St. Thomas Aquinas.
Three Laws were distinguished:
1. External Law (Lex Externa)
2. Natural Law (Lex Naturalis)
3. Human Law (Lex Humana)
All these laws are intended for the common good, but the Human law only become valid if it
does not conflict with the other two law.
PUNISHMENT
Punishment:
It is the redress that the state takes against an offending member of society that usually
involves pain and suffering.
It is also the penalty imposed on an offender for a crime or wrongdoing.
Ancient Forms of Punishment:
1.Death Penalty – affected by burning, beheading, hanging, breaking at the wheels,
pillory and other forms of medieval executions.
2.Physical Torture – affected by maiming, mutilation, whipping and other inhumane or
barbaric forms of inflicting pain.
3.Social Degradation – putting the offender into shame or humiliation.
4.Banishment or Exile – the sending or putting away of an offender which was carried
out either by prohibition against coming into a specified territory such as an island to
where the offender has been removed.
5.Other similar forms of punishment like transportation and slavery
1. Imprisonment – putting the offender in prison for the purpose of protecting the public
against criminal activities and at the same time rehabilitating the prisoners by requiring them to
undergo institutional treatment programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison
for the purpose of gradually re-introducing him/her to free life under the guidance and
supervision of a parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of
which does not exceed six years imprisonment, is released subject to the conditions imposed by
the releasing court and under the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer perimeter.
PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by the state whose sanction is violated, to
afford the society or the individual the opportunity of imposing upon the offender suitable
punishment as might be enforced. Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the
purpose is to appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law. Punishment is imposed to warn potential offenders that
they can not afford to do what the offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has being held in
conditions where he can not harm others especially the public. Punishment is effected by
placing offenders in prison so that society will be ensured from further criminal depredations of
criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility
of the offender. Society’s interest can be better served by helping the prisoner to become law
abiding citizen and productive upon his return to the community by requiring him to undergo
intensive program of rehabilitation in prison.
Maximum Periods for Rendition of Courts Decision
1.Supreme Court – within 24 months
2.The Court of Appeals and other Collegiate Appellate courts within 12 months unless
reduced by the Supreme Court; and
3.Lower Courts – within 3 months unless reduced by the Supreme Court.
Goals of Sentencing:
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
reform offender is said to be rehabilitated.
5.Restoration – a goal of which attempts to make the victim whole again.
Classification of Penalties
1. Capital or Corporal Penalties – Death through lethal injection.
2. Afflictive Penalties – Deprivation of freedom
a. Reclusion Perpetua – 20 years and 1 day to 40 years imprisonment.
b. Reclusion Temporal – 12 years and 1 day to 20 years of imprisonment.
c. Prison Mayor and Temporary Disqualification – 6 years and 1 day to 12 years. Except
when disqualification is accessory penalty, in which case its duration is that of the
principal penalty.
3. Correctional Penalties – deprivation of freedom or restriction of freedom.
a. Prison Correctional – 6 months and 1 day to 6 years, except
b. Arresto Mayor – When suspension is that of the principal
c. Destierro
4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure
The Pioneers:
1. William Penn (1614-1718)
He wrote an essay entitled “An Essay on Crimes and Punishment”, the most exiting
essay on law during this century. It presented the humanistic goal of law.
5. Jeremy Bentham (1748-1832) – the greatest leader in the reform of English Criminal law.
He believes that whatever punishment designed to negate whatever pleasure or gain the
criminal derives from crime, the crime rate would go down.
Bentham was the one who devise the ultimate PANOPTICAN PRISON – a prison that
consists of a large circular building containing multi cells around the periphery. It was
never built.
6. John Howard (1726 – 1790)
The sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform.
After his findings on English Prisons, he recommended the following: single cells for
sleeping – segregation of women - segregation of youth - provision of sanitation
facilities - abolition of fee system by which jailers obtained money from prisoners.
He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the “Mark System”. A system in which a prisoner is required to earn a
number of marks based on proper department, labor and study in order to entitle him
for a ticket for leave or conditional release which is similar to parole.
2. Manuel Montesimos
The Director of Prisons in Valencia Spain (1835) who devided the number of prisoners
into companies and appointed certain prisoners as petty officers in charge, which
allowed good behavior to prepare the convict for gradual release.
3. Domets of France
The Director of the English Prison who opened the Borstal Institution for youn offenders.
The Borstal Institution is considered as the best reform institution for young offenders
today.
5. Walter Crofton
He is the Director of the Irish Prison in 1854 who introduced the Irish system that was
modified from the Mocanochie’s mark system. Ticket of leave or Irish System.
6. Zebulon Brockway
The Director of the Elmira Reformatory in New York (1876) who introduced
certain innovational programs like the following: training school type - compulsory
education of prisoners – casework methods - extensive use of parole - indeterminate
sentence
The Elmira Reformatory is considered forerunner of modern penology because it had all
the elements of a modern system.
c) If much later it is found out that he has not reformed in any way and that he wastes his time
in idleness, he shall be arrested again by the authorities and sent to the forest. He shall not be
allowed to associate with the rest of the community because he is a bad example.
III. Only those who can support a family or several families can get married more than one
and have as many children as they can.
a) The poor family cannot have more than two children because it cannot support and properly
bring up in the community a greater
number of children.
b) The children who cannot be supported by their parents shall be killed and thrown into the
river.
IV. If a man has a child by a woman and he runs away to evade marriage, his child by this
woman shall be killed because it is difficult for a woman without a husband to support a
child.
a) The parents of the woman shall disinherit her.
b) The village authorities shall look for the man, and when they catch him and he still
refuses to marry, he shall be buried in the same grave.
ARTICLE I
You shall not kill, neither shall you steal, neither shall you do harm to the aged, lest you incur
the danger of death. All those who infringe this order shall be condemned to death by being
drowned in the river, or in boiling water.
ARTICLE II
You shall obey. Let all your debts with the headman be met punctually. He who does not obey
shall receive for the first time one hundred lashes. If the debt is large, he shall be condemned to
thrust his hand in boiling water thrice. For the second time, he shall be beaten to death.
ARTICLE III
Obey you: let no one have women that are very young nor more than he can support; nor be
given to excessive lust. He who does not comply with, obey, and observe this order shall be
condemned to swim for three hours for the first time and for the second time, to be beaten to
death with sharp thorns.
ARTICLE IV
Observe and obey; let no one disturb the quiet of the graves. When passing by the caves and
trees where they are, give respect to them. He who does not observe this shall be killed by ants,
or beaten to death with thorns.
ARTICLE V
You shall obey; he who exchanges for food, let it be always done in accordance with his word.
He who does not comply, shall be beaten for one hour, he who repeats the offense shall be
exposed for one day among ants.
ARTICLE VI
You shall be obliged to revere sights that are held in respect, such as those of trees of
recognized worth and other sights. He who fails to comply shall pay with one month's work in
gold or in honey.
ARTICLE VII
These shall be put to death; he who kills trees of venerable appearance; who shoot arrows at
night at old men and women; he who enters the houses of the headmen without permission;
he who kills a shark or a streaked cayman.
ARTICLE VIII
Slavery for a doam (a certain period of time) shall be suffered by those who steal away the
women of the headmen; by him who keep ill-tempered dogs that bite the headmen; by him
who burns the fields of another.
ARTICLE IX
All these shall be beaten for two days: who sing while traveling by night; kill the Manaul; tear
the documents belonging to the headmen; are malicious liars; or who mock the dead.
ARTICLE X
It is decreed an obligation; that every mother teach secretly to her daughters matters
pertaining to lust and prepare them for womanhood; let not men be cruel nor punish their
women when they catch them in the act of adultery. Whoever shall disobey shall be killed by
being cut to pieces and thrown to the caymans.
ARTICLE XI
These shall be burned: who by their strength or cunning have mocked at and escaped
punishment or who have killed young boys; or try to steal away the women of the elders.
ARTICLE XII
These shall be drowned: all who interfere with their superiors, or their owners or masters; all
those who abuse themselves through their lust; those who destroy their anitos (idols) by
breaking them or throwing them down.
ARTICLE XIII
All these shall be exposed to ants for half a day: who kill black cats during a new moon; or steal
anything from the chiefs or agorangs, however small the object may be.
ARTICLE XIV
These shall be made slave for life: who have beautiful daughters and deny them to the sons of
chiefs, and with bad faith hide them away.
ARTICLE XV
Concerning beliefs and superstitions; these shall be beaten: who eat the diseased flesh of
beasts which they hold in respect, or the herb which they consider good, who wound or kill the
young of the Manaul, or the white monkey.
ARTICLE XVI
The fingers shall be cut-off: of all those who break idols of wood and clay in their alangans and
temples; of those who destroy the daggers of the tagalons, or break the drinking jars of the
latter.
ARTICLE XVII
These shall be killed: who profane sites where idols are kept, and sites where are buried the
sacred things of their diwatas and headmen. He who performs his necessities in those places
shall be burned.
ARTICLE XVIII
Those who do not cause these rules to be obeyed: if they are headmen, they shall be put to
death by being stoned and crushed; and if they are agorangs they shall be placed in rivers to be
eaten by sharks and caymans.
The Making of the laws. The laws of the barangay were made by the datu with the help of the
elders. In the case of the confederation, the laws were promulgated by the superior datu with
the aid of the subordinated or lesser datus.
When a law was to be made for the whole confideration, the supreme datu would summon the
subordinate datus to his own house and explain to them the need for such a law. The other
datus usually assented and the law was thus written down. Once the law was finished , a village
crier called umalahokan, with the bell in hand, would travel throughout the confederation and
announce the contents of the new law in public gatherings. From that time on the law went
into effect, and any person who violated it incurred its penalties.
Judicial Procedure XI
When the Spanish colonizers first arrived in the Philippine archipelago, they found the
indigenous Filipinos without any written laws. Mainly, the laws enforced were derived from
customs, usages and tradition. These laws were believed to be God-given and were orally
transmitted from generation to generation.
A remarkable feature of these customs and traditions was that they were found to be very
similar to one another notwithstanding that they were observed in widely dispersed islands of
the archipelago. There were no judges and lawyers who were trained formally in the law,
although there were elders who devoted time to the study of the customs, usages and
traditions of their tribes to qualify them as consultants or advisers on these matters.
The unit of government of the indigenous Filipinos was the barangay, which was a family-based
community of 30 to 100 families, occupying a pook (“locality” or “area”) Headed by a chieftain
called a datu who exercised all functions of government—executive, legislative, and judicial—a
barangay was not only a political but also a social and economic organization. In the exercise of
his judicial authority, the datu acted as a judge (hukom) in settling disputes and deciding cases
in his barangay.
During the early Spanish occupation, King Philip II established the Real Audiencia de Manila
which was given not only judicial but legislative, executive, advisory, and administrative
functions as well. Composed of the incumbent governor general as the presidente (presiding
officer), four oidores (equivalent to associate justices), an asesor (legal adviser), an alguacil
mayor (chief constable), among other officials, the Real Audiencia de Manila was both a trial
and appellate court. It had exclusive original, concurrent original and exclusive appellate
jurisdictions.
Initially, the Audiencia was given a non-judicial role in the colonial administration, to deal with
unforeseen problems within the territory that arose from time to time—it was given the power
to supervise certain phases of ecclesiastical affairs as well as regulatory functions, such as fixing
of prices at which merchants could sell their commodities. Likewise, the Audiencia had
executive functions, like the allotment of lands to the settlers of newly established pueblos.
However, by 1861, the Audiencia had ceased to perform these executive and administrative
functions and had been restricted to the administration of justice.
When the Audiencia Territorial de Cebu was established in 1886, the name of the Real
Audiencia de Manila was changed to Audiencia Territorial de Manila.
Trials by Ordeals
Whenever the court was in doubt as to whom of the accused person was really guilty, it
resorted to trial by ordeal. This was especially true in criminal cases. It was believed that the
gods protected the innocent and punished the guilty, and that through the ordeals they
revealed divine truth to the people. Thus an accused person who was innocent was believed to
be always successful in the ordeals because god made it so.
1. Boiling water ordeal, suspects pick a stone in a pot of boiling water. The suspect who refused
to obey the command was regarded as the culprit. If the suspects made the attempt as
ordered, the man whose hand was scalded the most was considered the guilty one.
2. Candle ordeal, suspects are given lighted candles of the same sizes and the owner of the
candle that died out first is the guilty.
3. River ordeal, suspects plunge into the river or lake with lances. He who came to the surface
first was considered guilty.
4. Ordeal by rice chewing, suspects chew uncooked rice. Each of them spat his saliva and the
one whose saliva came out the thickest was adjudged the culprit.
5. Wrestling / combat ordeal, also called as bultong; the vanquished in the wrestling contest
was considered the guilty party.
6. Another ordeal by combat called alaw, involved a duel. In this kind of combat, the loser
usually lost his life, in itself considered a just punishment.
The formal prison system in the Philippines started only during the Spanish regime,
where an organized corrective service was made operational. Established in 1847 pursuant to
Section 1708 of the Revised Administrative Code and formally opened by Royal Decree in 1865,
the Old Bilibid Prison was constructed as the main penitentiary on Oroquieta Street, Manila and
designed to house the prison population of the country. This prison became known as the
“Carcel y Presidio Correccional” and could accommodate 1,127 prisoners.
The Carcel was designed to house 600 prisoners who were segregated according to
class, sex and crime while the Presidio could accommodate 527 prisoners. Plans for the
construction of the prison were first published on September 12, 1859 but it was not until April
10, 1866 that the entire facility was completed.
The prison occupied a quadrangular piece of land 180 meters long on each side, which
was formerly a part of the Mayhalique Estate in the heart of Manila. It housed a building for the
offices and quarters of the prison warden, and 15 buildings or departments for prisoners that
were arranged in a radial way to form spokes. The central tower formed the hub. Under this
tower was the chapel. There were four cell-houses for the isolated prisoners and four isolated
buildings located on the four corners of the walls, which served as kitchen, hospital and stores.
The prison was divided in the middle by a thick wall. One-half of the enclosed space was
assigned to Presidio prisoners and the other half to Carcel prisoners.
In 1908, concrete modern 200-bed capacity hospitals as well as new dormitories for the
prisoners were added. A carpentry shop was organized within the confines of the facility. For
sometime the shop became a trademark for fine workmanship of furniture made by prisoners.
At this time, sales of handicrafts were done through the institutions and inmates were
compensated depending on the availability of funds. As a consequence, inmates often had to
sell through the retail or barter their products.
On August 21, 1869, 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. The facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally
set on a 1,414-hectare sprawling estate.
The American and Commonwealt Government
When the Americans took over in the 1900s, the 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.
It also paved the way for the re-establishment of San Ramon Prison in 1907 which was
destroyed during the Spanish-American War. On January 1, 1915, the San Ramon Prison was
placed under the auspices of the Bureau of Prisons and started receiving prisoners from
Mindanao.
Before the reconstruction of San Ramon Prison, the Americans established in 1904 the
Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072
hectares. It would reach a total land area of 40,000 hectares in the late 1950s. Located on the
westernmost part of the archipelago far from the main town to confine incorrigibles with little
hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive Order
No. 67 issued by Governor Newton Gilbert on October 15, 1912.
Other penal colonies were established during the American regime. On November 27,
1929, the Correctional Institution for Women (CIW) was created under Act No. 3579 to provide
separate facilities for women offenders while the Davao Penal Colony in Southern Mindanao
was opened in 1932 under Act No. 3732.
The inmates were transported not to serve time but for prison labor. Until the outbreak
of the Second World War, inmates from Old Bilibid Prison were regularly sent to Corregidor for
labor purposes.
When the War broke out, prisoners on Corregidor were returned to Bilibid Prison. The
island prison was never reopened.
BONTOC PRISON: The Philippine Legislature during the American regime passed Act No. 1876
providing for the establishment of a prison in Bontoc in Mountain Province. The prison was
built for the prisoners of the province and insular prisoners who were members of the non-
Christian tribes of Mountain Province and Nueva Viscaya.
MODULE 2
CONCEPTS OF CORRECTIONAL ADMINISTRATION AND OPERATIONS
OBJECTIVES
The learners will be able to:
Explain and appreciate the concepts of correctional administration
Familiarize the different terms related to the study of Corrections
Identify the different prisons system in the Philippines
LESSON 2.1 INSTITUTIONAL and NON-INSTITUTIONAL CORRECTION
Definition of Terms:
Abreaction – intense emotional feelings.
Accessory Penalties – those that are deemed included in the imposition of the principal
penalties.
Admission Summary – it is a written compilation made by the staff regarding their findings on
the prisoner.
Adversarial Process – a system of determining guilt in which the state must prove its case
against a defendant who is defended by an advocate.
Affliction – distress of mind or body; that which causes continuing anguish or suffering.
Anal Stage –b sensual gratification shifts to the excretory function and the control of the
sphincter muscles. According to Freud the sexual gratification, is focused on the elimination of
body wastes it occurs on the second and third year of life of an individual.
Asocial Aggressive – this is the commanding individual who responds with open hostility or
physical or verbal aggression when frustrated.
Asocial Passive – this individual pouts and sulks and reacts with passivity
complaining or withdrawing when frustrated.
Atavism – it is the reversion of man to his ape like ancestors and states that an individual could
be born with criminal predispositions.
Aversive Therapy – the coupling of a previously desirable stimulus with an
extremely painful or undesirable conditioned response, as coupling alcohol with chemically
induced vomiting.
Bail – monetary amount for or condition of pre-trial release from custody of law. Or a money
payment in return for which a defendant is given freedom pending trial or appeal.
Bail Bond – it is a multi party contract involving the state, the accused will appear in
subsequent proceedings.
Baroning – a process by which a prison inmate obtains wealth, influence and power by means
of selling tobacco. Benefit of Clergy – from the 13th to 19th centuries, clemency shown to
clergy guilty of crimes and extended eventually to any offender who could read.
Bifurcated Process – the separation of the guilt determination process from the sentence-
determination process in the criminal court system.
Big School – slang for penitentiary.
Black Maria – a van used to transport prisoners, Paddly-wagon.
Casework – in correctional work includes the professional services rendered by professionally
trained personnel in the description and social treatment of offenders.
Change Agent – a person or group responsible for helping a client to undertake planned
changes in behavior situation. Often a professional, outside consultants to be ineffectual the
use of bartolina or solitary confinement is justified when foreseen danger to the convict or
others apparent.
Compurgation – an early practice whereby the accused swears an oath of innocence backed-up
by a group of oath helpers who would attest to his character and claim of innocence.
Contagion – a condition in which prison inmates kept together without any attempt to divide
them the involvement with crime, would transmit to each other means and techniques to
commit further crimes once outside of prison.
Courtesy Investigation – investigation conducted by another probation officer in behalf of the
probation officer on case of the petitioner.
Cultural Conformist – this is juvenile who identifies strongly with his delinquent peers and who
considers himself tough.
Cultural Identifier – responds to identification with a deviant value system by living out his
delinquent beliefs.
Cultural Shock – a psychological and social disruption experienced by a person suddenly placed
in an unfamiliar culture.
Cumulative Case Summary – starts from the admission report of individual inmates to his
behavior and response to treatment programs and serves as the basis in granting parole.
Curfew – imposition on people the obligation to remove themselves from the streets on or
before a certain time of night.
Dark Figure – the number of crimes committed that are unreported to police.
Definite Sentence – a sentence to prison for which the date of release is known on the day that
the sentence is endered.
Desensitization – the process of removing the anxiety inducing qualities of a feared object or
situation.
Diversification – penal system’s implementation of segregation.
Domain Conflict – conflicts over resources, mission, responsibilities, or markets among several
organizations.
Ex Gratia – state is acting and out of its benevolence.
Existentialism – is a philosophy that emphasizes that importance of mans existence and self-
determinative faculty and the meaning that life has for him.
Flat Term – prison term which there is no discretionary release date. Similar to definite
sentence.
Furlough – temporary release from jail or prison. Typically for a day, weekend, or holiday or for
special visits such as a job test or interview or family crises, often part of a prerelease program.
Gate Fever – the feeling of an immediate release from the penitentiary and the feeling of
uncertainty in the part of the suppose parolee at the ebb of his release to the community.
Gemeinschaft Pattern – is characterized by persons of homogeneous attributes similar
to those providing for mechanical solidarity.
Gesellshaft Configuration – is characterized by persons having heterogeneous attributes,
interact with each othe in an impersonal manner and do not associate the welfare of the group
with their own.
Golden Age of Penology – the period covering 1870 to 1880 was regarded as Golden Age of
Penology. The highlights of the said period were as follows: the organization of the National
Prison Association last 1870, now referred to as American Correctional Association; the
International Prison Congress was held in 1872. It serves as a forum attended by
representatives from different countries wherein improvement to prison systems were tackled
in the assemble every 5 years; In 1876 the Elmira Reformatory was established which was
considered the forerunner in modern penology; and in Indiana, Massachusetts USA the first
separate was established.
Greyhound Operations – a method in searching the prisoner for possession of contrabands
inside the prisoner cells and compound.
Idleness – the most persistent problem in almost all prison facilities which contribute to failure
of the reformation programs.
I- Level Theory – hypothesis which associates types of deviance and types of control with stages
in the life cycle.
Indefinite Sentence – is a sentence to prison in which release date is under the discretionary
control of a release board.
Indeterminate Sentence – a sentence of imprisonment for the maximum period define
by law subject to the termination by the parole board at anytime after service of the
minimum period. It is one with minimum and maximum periods of imprisonment.
Indictment – formal charging of a defendant by a grand jury.
Judean Christian Theory – emphasized that punishment has a redemptive purpose.
Kangaroo Courts – existence of other discredited methods of discipline.
Labeling Theory – a theory originating with Howard Becker that emphasized the self-fulfilling
prophecy in deviance processing that deviants behave in accordance with the labels they are
given in the judgmental process.
M’naghten Case – basis for exempting law violators from their criminal liability by reason of
insanity.
Mandatory Release – a release from prison required by statute where an inmate has been
confined for a time period equal to his or her full sentence.
Manipulative Technique – are ways of helping the parolee by altering his environmental
conditions go as to being out satisfactory social adjustment in the individual.
Medium Supervision – given to probationer’s needing moderate attention and requiring twice
a month office reporting. Use yellow plan card tab.
Minimum Supervision – probationer’s needing minimal attention and requiring not more than
once a month office reporting. Use green plan card.
Negative Reinforcement – the employment of a negative stimulus (such as punishment or
removal of reward) for undesirable behavior rather than rewarding desired behavior.
Ordeal – bases on the principle of divine intervention it is a method of determining guilt with
the belief that innocent would be protected from harm.
Pacta Sunt Servanda – a pact must be observed a treaty must be honored.
Parum Est Coerce Improbos Poena Nici Probos Efficias Discipline – it is insufficient to restrain
the wicked by punishing unless you render them virtuous by corrective discipline.
Passive Agent – a term used by Glaser to represent parole officers who have a low emphasis on
both assistance andcontrol of parolees.
Pecuniary Liabilities – it consists of the reparation of the damage caused, indemnification of
the consequential damages, fine and cost of proceedings; imposed upon persons who are
criminally liable.
Penal Management - Refers to the manner or practice of managing or controlling places of
confinement as in jails or prisons.
PENOLOGY - the study of punishment for crime or of criminal offenders. It includes the study of
control and prevention of crime through punishment of criminal offenders.
The term is derived from the Latin word “POENA” which means pain or suffering.
Penology has stood in the past and, for the most part, still stands for the policy of
inflicting punishment on the offender as a consequence of his wrongdoing.
Positive Discipline – includes the work “discipline” in you, it is not basically punitive.
Proselytizing – to convert or induce another to change his religious belief, sect or the like to
another.
RA 10575 – the New BUCOR Act of 2013
RA 6981 – Witness Protection Program Act
RA 7438 – Defines the rights of the accused under custodial investigation.
RA 7659 – Act re-imposing the death penalty.
Recognizance – is a legal device deeply embedded in English Law originated as measures of
preventive justice and as such it consist obliging persons. It is a mechanism whereby a person
accused of crime may be released on his own strength pending trial of his case or on the
assurance of a reputable person in the community that he will appear if called during the trial
to testify.
Regression – refers to the process that entails a simplification of behavior which may
contribute harm inflicted upon oneself or render one vulnerable to others.
Restorative Justice – refers to humanistic and non-punitive means to restore social harmony
and correct wrongful acts.
Retaliatory Retribution – refers to the intentional infliction of an appropriate amount of
suffering on a competent individual who has breached some code.
Retreatism – describes many violent crimes in which offenders have replaced
normal ideas of success with demonstration of individual toughness or powers.
Se Defendendo – established the legal status of the crime with which the offender will be
charged although there is no explicit reference to the individual.
Split Sentence Law – mandated that offenders as punishment would have serve a portion of
their sentence in institutions and thereby released to undergo probation.
Status Passage – transition from one social status to another, as from defendant to convict or
inmate to parolee.
Stigma – refers to labeling, mark or brand.
Sublime – to make the punishment fit the crime.
DECISION – is the judgment rendered by a court of justice or competent tribunal after
presentation of the respective positions of the parties in an ordinary or criminal case or upon
which the disposition of the case is based.
CONVICTION – is the judgment of a court based on the verdict of a judicial officer or judge, that
the accused is guilty of the offense in which he/she was charge.
SENTENCE – is the penalty imposed by the court upon a person convicted of a crime.
ACQUITTAL – is a judgment of the court based on the verdict or decision of the judge, that the
defendant is not guilty of the charge against him.
PUNISHMENT – it is the redress that the state takes against an offender where it signifies pain
suffering, or curtailment of its freedom.
PENALTY – is the suffering that is inflicted by the state for the transgression of law.
CORRECTION defined:
A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
The study and practice of a systematic management of jails or prisons and other institutions
concerned with the custody, treatment, and rehabilitation of criminal offenders.
Correction and the Criminal Justice System
The Criminal Justice System is the machinery of any government in the control and prevention
of crimes and criminality. It is composed of the pillars of justice such as: the Law Enforcement
Pillar (Police), the Prosecution Pillar, the Court Pillar, the Correction Pillar, and the Community
Pillar.
Correction as one of the pillars of Criminal Justice System is considered as the weakest
pillar. This is because of its failure to deter individuals in committing crimes as well as the
reformation of inmates. This is evident in the increasing number of inmates in jails or prisons.
Hence, the need of prison management is necessary to rehabilitate inmates and
transform them to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once
the accused, after having been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned over to a non-institutional or
institutional agency or facility for custodial treatment and rehabilitation. The offender could
avail of the benefits of parole or executive clemency once he has served the minimum period of
his sentence.
When the penalty is imprisonment, the sentence is carried out either in the municipal,
provincial or national penitentiary depending on the length of the sentence meted out.
Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 yrs imprisonment
3. Reclusion Temporal – 12 yrs and 1 day to 20 years imprisonment
4. Prision Mayor – 6 yrs and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
I. Bureau of Corrections
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292
passed during the Aquino Administration. It states that the head of the Bureau of Corrections is
the Director of Prisons who is appointed by the President of the Philippines with the
confirmation of the Commission of Appointments.
The Bureau of Corrections has general supervision and control of all national prisons or
penitentiaries. It is charged with the safekeeping of all Insular Prisoners confined therein or
committed to the custody of the Bureau.
PRISON Defined:
A penitentiary, an institution for the imprisonment (incarceration) of persons convicted
of major/ serious crimes.
A building, usually with cells, or other places established for the purpose of
taking safe custody or confinement of criminals.
A place of confinement for those for those charged with or convicted of offenses against
the laws of the land.
WHO IS A PRISONER?
A prisoner is a person who is under the custody of lawful authority. A person, who by
reason of his criminal act sentenced or by a decision issued by a court, may be deprived
of his liberty or freedom.
A prisoner is any person detained/confined in jail or prison for the commission of a
criminal offense or convicted and serving in a penal institution.
A person committed to jail or prison by a competent authority for any of the following
reasons: To serve a sentence after conviction – Trial – Investigation.
MODULE 3
TYPES OF JAILS, OPERATIONS AND CORRECTIONAL ORGANIZATIONAL
STRUCTURE
OBJECTIVES
The learners will be able to:
Identify the different types of jails and prisons
Demonstrate the correctional organizational structures
Appreciates the correctional operations
WHAT IS A JAIL?
JAIL – is a place for locking-up of persons who are convicted of minor offenses or
felonies who are to serve a short sentences imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of their cases.
Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who
are serving short sentences or those who are undergoing constructive work programs. It
provides full employment of prisoners, remedial services and constructive leisure time
activities.
The BJMP exercises supervision and control over all cities and municipal jails throughout
the country. The enactment of Republic Act no. 6975 created the BJMP. It operates as a line
bureau under the Department of the Interior and Local Government (DILG).
When conducting routinary custodial guarding, the ratio of 1:7 or one guard for
every 7 offenders shall be observed.
When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed.
In case of high-risk offender that demands extra precaution additional guards shall be
employed. This manning level shall be national in scope for effective jail administration.
B. ASSISTANCE WARDEN
- The office of the Assistant Warden undertakes the development of a systematic process of
treatment.
- Chairman of the Classification Board and Disciplinary Board.
C. ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.
1. Personnel Management Branch
- Assignment of personnel
- Procedures of selection
- Preparation of personnel reports
- Individual record file
D. SECURITY GROUPS:
The security groups provides a system of sound custody, security and control of inmates and
their movements and also responsible to enforce prison or jail discipline.
1. Escort Platoon
a. Escort Section – to escort inmate upon order of any judicial body; upon summon of a
court; or transfer to other penal institutions.
b. Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.
2. Security Platoon – a three (3) working platoon shifts responsible for overall security of the jail
compound including gates, guard posts and towers. They are also responsible for the admitting
and releasing unit.
This group provides services and assistance to prisoners and their families to enable them to
solve their individual needs and problems arising from the prisoners’ confinement.
1. Medical and Health Services Branch - Provides medical and physical
examinations of inmates upon confinement, treatment of sick inmates and conduct medical
and physical examinations and provide medicines or recommends for the hospitalization of
seriously ill prisoners or inmates. It also conducts psychiatric and psychological examinations.
2. Work and Education Therapy Services - It take charge of the job and educational
programs needed for rehabilitation of inmates by providing them job incentives so they can
earn and provide support for their families while in jail.
3. Socio- Cultural Services - It takes care of the social case work study of the individual
prisoners by making interviews, home visits, referral to community resources, free legal
services, and liaison works for the inmates.
4. Chaplaincy Services - It takes charge of the religious and moral upliftment of the
inmates through religious services. This branch caters to all religious sects.
5. Guidance and Counseling Services - Responsible for the individual and group
counseling activities to help inmates solve their individual problems and to help them lead a
wholesome and constructive life.
2. PAROLE – Parole is the process of suspending the sentence of a convict after having
served the minimum of his sentence without granting him pardon, and prescribing the
terms upon which the sentence shall be suspended. (Cirilo Tradio).
It is a decision by an authority constituted accordingly by statute to determine the portion of
the sentence, which the inmate can complete outside of the institution. It is the status of
serving the remainder of the sentence of a convict in the community in accordance with the
rules and regulations set-up by the Board of Parole. (Correctional and Parole Administration).
Parole is not a reward per se for good behavior but rather, it is a follow-up of his
institutional program.
Parole is not claimed as a right but it is granted by the Board as a privilege to a qualified
prisoner.
Those prisoners who are sentenced with capital punishment or life imprisonment,
Those who are convicted of treason, conspiracy or proposal to commit treason, misprision of
treason, rebellion, sedition or piracy,
Habitual Offenders,
Those who escaped from confinement or evaded sentence,
Those who have been granted with conditional pardon but violated the terms and conditions
thereof, and
Those prisoners who are serving a minimum term of imprisonment not exceeding one year.
3. Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief
Executive (The President) as a matter of power.
Two Kinds of Pardon
a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.
“No felony shall be punishable by any penalty not prescribed by law prior to its
commission”. (Art. 21, RPC)
C. The Philippine Probation Law (P.D. No. 968)
One of the major goals of the government is to established a more enlightened and
humane correctional system that will promote the reformation of offenders and thereby
reduce the incidence of recidivism.
The confinement of all offenders in prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country.
To segregate from society a person who by his acts has proven himself a danger to the
free community;
To strive at the correction or rehabilitation of the prisoner with the hope that upon his
return to society he shall be able to lead a normal well adjusted and self supporting life
as a good and law abiding citizen.
3. There is no man who is all bad and there is something good in all men. (Art. I)
b. The crime of Arbitrary Detention is committed when the detention of a person is without
legal ground.
d. Delaying Release
This is committed by a public officer or employee who delays for the period of time
specified in Art 125, the performance of any judicial or executive order for the release of a
prisoner or unduly delays the services of the notice of such order to said prisoner.
1. During the first two years of his imprisonment, he shall be allowed a deduction of 20
days for each month of good behavior.
2. During the third to the fifth years of his imprisonment, he shall be allowed a
deduction of 23 days each month of good behavior.
3. During the following years until the tenth years of his imprisonment, he shall be
allowed a deduction of 25 days each month of good behavior.
4. During the eleventh and the successive years of his imprisonment, he shall be allowed
a deduction of 30 days each month of good behavior.
“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”
References
Supreme Court of the Philippines (2020). A Constitutional History of The Supreme Court of The
Philippines
Retrieved from: http://sc.judiciary.gov.ph/387/