As we dealt with this subject we will be able to understand the knowledge about the origin of

correction and penology and its relation to our course B. S. criminology. As well as to have knowledge

that there are two types of correction. The first on is the institutional correction that composed of the

different Jails and Prison that house the so called PDL or Persons Deprived of Liberty formerly known as

detainee's if not yet convicted by Final Judgment and Sentenced prisoner for those convicted by the

competent court, in the Philippines the Jails and Prisons are under by two Government agencies. The

D.I.LG. has control over BJMP or Bureau of Jail Management and Penology which manned the

Municipal, City and District jails and some Provincial Jails throughout the country. The D.O.J. or

Department of Justice has control over the BUCOR or Bureau of Corrections that has jurisdiction over

the Seven (7) penitentiaries of the country.

While the non-institutional correction refers to the D.S.W.D. who is in-charge with the

rehabilitation of Minor offenders now termed as C.I.C.L. or children in conflict with the Law. For those

who benefited to served their sentenced outside prisons like Probation (P.D. 968) a court / judicial

action, Parole and Pardon ( indeterminate Sentence) these undergoes to the B.P.P. or Board of Pardons

and Parole ad the P.P.A. or Parole and Probation Administration this requires executive action. Now the

offenders that belongs to the mentally ill or mentally derange are turn-over to the mental facility in

Mandaluyong City.

Correction Defined

Correction -is a branch of the Criminal Justice System concerned with the custody supervision and

rehabilitation of criminal offenders.

-describes a variety of functions typically carried out

by government agencies, and involving the punishment, treatment, and

supervision of persons who have been convicted of crimes.

- the fourth pillar in Philippine Criminal Justice System considered as the weakest among the five for

failure to reached its objectives in reforming and rehabilitating criminal offenders who still commits

crime after their released from jails or prisons.

-describing a variety of functions typically carried out by government agencies involving treatment,

supervision and punishment of persons who have been convicted of crimes.

-refers to the branch of criminal justice system that deals with individuals who have been convicted of a
crime. The role of the correctional system is to ensure that an offender's prison sentenced is carried out,

whether its time in jail or prison, probation and other community based service.

RETRIBUTIONRetributive justice is a theory of punishment that when an offender breaks the law, justice
requires that

they suffer in return, and that the response to a crime is proportional to the offence. As opposed to

revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has

inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and

employs procedural standards. Retributive justice contrasts with other purposes of punishment such as

deterrence (prevention of future crimes) and rehabilitation of the offender.

The concept is found in most world cultures and in many ancient texts. Classical texts advocating the

retributive view include Cicero's De Legibus (1st century BC), Kant's Science of Right (1790), and Hegel's

Philosophy of Right (1821). The presence of retributive justice in ancient Jewish culture is shown by its

mention in the law of Moses,[5][6] which refers to the punishments of "life for life, eye for eye, tooth for

tooth, hand for hand, foot for foot" in reference to the Code of Hammurabi. Documents assert similar

values in other cultures. However, the judgment of whether a punishment is appropriately severe can

vary greatly across cultures and individuals.

PURPOSES

Some purposes of official retribution include:

· to channel the retributive sentiments of the public into the political and legal systems. The intent is

to deter people from resorting to lynching’s, blood feuds, and other forms of vigilante self-help.

· to promote social solidarity through participation in the act of punishing, under the theory that

"the society that slays together stays together."

· to prevent a situation in which a citizen who would have preferred to obey the law as part of his

civic responsibility decides that he would be a fool to not violate it, when so many others are getting

away with lawlessness that the point of his obedience is mostly defeated.

HISTORY

In the early period of all systems of code, retribution for wrongdoing took precedence over the

enforcement of rights. A rough sense of justice demanded that a criminal should be punished with the

infliction of proportionate loss and pain as he inflicted on his victim. Therefore, lex talionis (an eye for an
eye) was very prominent in ancient law. The Bible is no exception, as it also included the lex talionis in its

oldest form: middah ke-neged middah (law of 'measure for measure').

In the 19th century, philosopher Immanuel Kant argued in Metaphysics of Morals hat retribution is the

only legitimate form of punishment the court can prescribe:[8]

Judicial punishment can never be used merely as a means to promote some other good for the criminal

himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he

has committed a crime.

Kant regarded punishment as a matter of justice, which must be carried out by the state for the sake of

the law, not for the sake of the criminal or the victim. He argues that if the guilty are not punished,

justice is not done and if justice is not done, then the idea of law itself is undermined.[9]

One of the reasons for the abandonment of retribution by 20th-century reformers was that they gave up

on the idea of personal autonomy, since they believed science had discredited it.[7] While retributive

justice is usually considered as a cornerstone of criminal punishment, it has been shown that it also

plays a role in private law.

Principles

According to the Stanford Encyclopedia of Philosophy, retributive justice is committed to three

principles:

· "Those who commit certain kinds of wrongful acts, paradigmatically serious crimes, morally

deserve to suffer a proportionate punishment."

· It is "intrinsically morally good—good without reference to any other goods that might arise—if

some legitimate punisher gives [those who commit certain kinds of wrongful acts] the punishment they

deserve."

· "It is morally impermissible intentionally to punish the innocent or to inflict disproportionately

large punishments on wrongdoers."

Proportionality

Proportionality requires that the level of punishment be related to the severity of the offending

behavior. An accurate reading of the biblical phrase "an eye for an eye" in Exodus and Leviticus is said to

be: "only one eye for one eye",[12] or "an eye in place of an eye." However, this does not mean that the

punishment has to be equivalent to the crime. A retributive system must punish severe crimes more
harshly than minor crimes, but retributivists differ about how harsh or soft the system should be overall.

The crime's level of severity can be determined in multiple ways. Severity can be determined by the

amount of harm, unfair advantage or the moral imbalance that the crime caused.

Traditionally, philosophers of punishment have contrasted retributivism with utilitarianism. For

utilitarian’s, punishment is forward-looking, justified by a purported ability to achieve future social

benefits, such as crime reduction. For retributionists, punishment is backward-looking, justified by the

crime that has already been committed. Therefore, punishment is carried out to atone for the damage

already done.

2. Incapacitation

-in the context of criminal sentencing philosophy is one of the functions of punishment. It involves

capital punishment, sending an offender to prison, or possibly restricting their freedom in the

community, to protect society and prevent that person from committing further crimes. Incarceration,

as the primary mechanism for incapacitation, is also used as to try to deter future offending.

Purpose

Incapacitation is used primarily to protect the public from offenders who are seen as sufficiently

dangerous that they need to be 'removed' from society for a period of time, which is achieved usually by

sending the offender to prison (incarceration). In most countries, prison sentences are applied for a

range of different crimes but are almost certain to be applied to those who commit serious assaults,

murder or sex crimes.

However, the risk that offenders pose to society is largely a matter of perception. As a result, how the

justice system in one country treats a particular offence will differ considerably from the level of

sanction imposed for the same crime in another country. This means that some countries, like the

United States, use incarceration to incapacitate offenders at much higher rates than other countries.

Rates of imprisonment vary from over 650 inmates per 100,000 of population in the United States to

Guinea Bissau which locks up only 10 people per 100,000.

Methods

Incarceration

Imprisonment incapacitates prisoners by physically removing them from the society against which they

are deemed to have offended or potentially may endanger. Long term imprisonment with the intention
to incapacitate is often used by criminal justice systems against habitual criminals who recidivate

(relapse). Therefore, incapacitation focuses on removing the ability of the offenders to commit future

crimes by use of imprisonment rather than focusing on rehabilitation or prevention. Within the prison

system itself, inmate security classifications are used to classify prisoners based on risk level and place

them in an environment that will adequately incapacitate them from causing trouble.

Community-based sentences

Incarceration is not the only means of incapacitation; supervision can also sometimes serve that

purpose. Although parole and probation have long been justified as means of reintegrating offenders

into the community, the trend has been for them to be increasingly perceived as cost-effective ways of

imposing long-term management on the dangerous. In the federal system, the PROTECT Act, for

example, allowed for lifetime federal supervised release to be imposed on sex offenders, the implication

being that they will never be rehabilitated to a level of risk comparable to that of the general

population. From a standpoint of seeking to incapacitate those who pose a threat to the public, if a
highrisk offender goes back to prison for a non-criminal violation of his conditions of release, this is
actually a

success rather than a failure, because he was incapacitated before he could commit another crime and

get caught for it.

Unlike deterrence, rehabilitation, or restitution, incapacitation alters neither the offender nor his social

context, but simply rearranges the distribution of offenders in society in such a way as to delay their

resumption of crime, and thereby decrease the crime rate. According to Malcolm M. Feeley,

"Incapacitation then is to penology what arbitrage is to investments, a method of capitalizing on minute

displacements in time; and like arbitrage it has a diminished relationship to the normative goal of

enhancing the value of its objects." Much as an investor analyzes the risk profiles of various investment

opportunities so as to make choices that will have the best return, society seeks to identify high-risk

offenders and invest in their long-term incarceration.

3. Deterrence

- in relation to criminal offending is the idea or theory that the threat of punishment will deter people

from committing crime and reduce the probability and/or level of offending in society. It is one of five

objectives that punishment is thought to achieve; the other four objectives are denunciation,
incapacitation (for the protection of society), retribution and rehabilitation.

Criminal deterrence theory has two possible applications: the first is that punishments imposed on

individual offenders will deter or prevent that particular offender from committing further crimes; the

second is that, public knowledge that certain offences will be punished has a generalized deterrent

effect which prevents others from committing crimes.

Two different aspects of punishment may have an impact on deterrence. The first relates to the

certainty of punishment; by increasing the likelihood of apprehension and punishment, this may have a

deterrent effect. The second relates to the severity of punishment; how severe the punishment is for a

particular crime may influence behavior if the potential offender concludes that the punishment is so

severe, it is not worth the risk of getting caught.

An underlying principle of deterrence is that it is utilitarian or forward-looking. As with rehabilitation, it

is designed to change behavior in the future rather than simply provide retribution or punishment for

current or past behavior.

Categories

There are two main goals of deterrence theory.

Individual deterrence is the aim of punishment to discourage the offender from criminal acts in the

future. The belief is that when punished, offenders recognize the unpleasant consequences of their

actions on themselves and will change their behavior accordingly.

General deterrence is the intention to deter the general public from committing crime by punishing

those who do offend. When an offender is punished by, for example, being sent to prison, a clear

message is sent to the rest of society that behavior of this sort will result in an unpleasant response from

the criminal justice system. Most people do not want to end up in prison and so they are deterred from

committing crimes that might be punished that way.

Philosophical basis

Two utilitarian philosophers of the 18th century, Cesare Beccaria and Jeremy Bentham, formulated the

deterrence theory as both an explanation of crime and a method for reducing it. Beccaria argued that

crime was not only an attack on an individual but on society as well. That extended the issue of

punishment beyond retribution and restitution to aggrieved individuals. Society was cast as victim, not

merely bystander, and what had been seen as a dispute between individuals, expanded to an issue of
criminal law. For the utilitarian’s, the purpose of punishment became the protection of society through

the prevention of crime.

Religious basis

The history of punishment in reaction to crime began in biblical times with an eye for an eye guideline,

although later Christians interpreted that literally by emphasizing compassion and tolerance, rather than

punishment, even to the extent of "turning the other cheek."

Although most Western populations eventually embraced some version of Judeo-Christian values,

Medieval Europe displayed little of the restraint prescribed by this religious tradition. On the contrary,

the level of violence among medieval populations was exceeded only by the force applied by emerging

states in their attempts to maintain control and suppress it. Deciding guilt in an offender was more

important than the nature of the offense. Once the guilt was announced, the question was not so much

whether an execution should take place but how dramatic it should be. There were not many

punishments besides exile and execution.

In the Islamic system of hajd, applied 1400 years ago, the punishment for crimes was public and aimed

at general social deterrence.

EVIDENTIAL FLAWS

Lack of rationality

Impact of alcohol and drugs

The notion that human beings are rational actors who consider the consequences of their behavior

before deciding to commit a crime is seriously problematic. Although that level of rationality might apply

to some well-educated, white-collar criminals, most of those who end up in prison do not meet that

profile. In the United States, one study found that at least half of all state prisoners are under the

influence of alcohol or drugs at the time of their offence. However, the National Council on Alcoholism

and Drug Dependence (NCADD) has found that 80% of all offending occurs under the influence of

alcohol and drugs and that half of those in prison are clinically addicted. As such, most crime is

committed by offenders who are too impaired to consider the pros and cons of their behavior in a

rational manner.

Impact of mental health disorders

Research shows that a significant proportion of those in prison have personality disorders or other
mental health disorders which affect their ability to make rational decisions. A 2016 study in Lancet

Psychiatry has found that "prisoners have high rates of psychiatric disorders... Despite the high level of

need, these disorders are frequently under-diagnosed and poorly treated". In 2002, a systematic review

of 62 different studies from 12 different countries published in The Lancet found 65% of men in prison

and 42% of women have a personality disorder.[8] Mental health and personality disorders will clearly

have an impact of an individual's capacity to make rational decisions about their offending behavior.

Impact of brain injury

Many inmates have suffered head injuries, which can lead to loss of impulse control and cognitive

impairment. A study in 2010 found that over 60% of prison inmates had experienced a significant head

injury. Adults with traumatic brain injury were first sent to prison when quite young and reported higher

rates of repeat offending.[9] Having a head injury also reduces an individual's capacity for rational

decision making, and the same goes for Fetal alcohol spectrum disorder, a neurological disability of the

brain. Research has found that it causes "learning disabilities, impulsivity, hyperactivity, social ineptness,

poor judgment, and can increase susceptibility to victimization and involvement in the criminal justice

system". In fact, youths with FASD are 19 times more likely to be incarcerated than those without FASD

in a given year because of their poor decision-making.

Knowledge of likely punishment

In order for a particular sanction to act as a deterrent, potential offenders must be aware of exactly

what punishment they will receive before they commit an offence. However, evidence suggests that few

people know what sentence will be imposed for a particular crime and, in the United States, generally

underestimate how severe the sentence will be. Offenders are likely to be well aware that crimes such

as assault, robbery, drug dealing, rape and murder will be punished but lack fine-grained knowledge of

what the specific penalty is likely to be. A study by Anderson (2002) found that only 22% of offenders

convicted of cultivating cannabis "knew exactly what the penalties would be”. That is not surprising

given that sentencing is a complex process: what sanction is imposed depends on a number of different

factors including the offender's age, previous criminal history, whether or not they plead guilty, their

perceived level of remorse, and any other mitigating factors. If a potential offender does not know what

punishment he will receive, that undermines the ability to make a rational choice about whether the

potential pain associated with committing a particular crime outweighs the potential gain.
Another concern is that even if offenders have accurate knowledge about potential penalties, they do

not necessarily take that information into account prior to committing a crime. Anderson's study quoted

above found that 35% of offenders failed to think about the likely punishment prior to committing the

offence. Durrant (2014) points out that many crimes are impulsive in nature and carried out "in the heat

of the moment with little forethought or planning".

Lack of certainty of punishment

There are usually significant differences between the levels of crime in official statistics and the number

of people who report they have been victimized in surveys of crime. Most crimes, including serious

ones, do not result in arrest or conviction. In the United Kingdom, only an estimated 2% of offences lead

to a conviction, and only one in seven of those convictions results in a prison sentence. The Home Office

(1993) concluded that "the probability of being sent to prison for a crime is about one in 300". In the

United States, it has been calculated that only one out of every 100 burglaries lead to a custodial

sentence. In regard to drug use, the chances of getting caught are even more remote: less than one in

3,000.[17] If it is unlikely that an offender will actually be caught, let alone punished, there is thus very

little certainty of punishment, and any deterrent effect is substantially reduced.

Perceptions of risk

Durrant (2014) argues that it is the perception of risk that has the potential to deter offending rather

than punishment itself. He cites a study of offenders in which 76% did not think about getting caught or

thought the chances of getting caught were slim. Offenders who have successfully got away with certain

crimes are especially likely to discount the probability of getting caught, particularly for drunk-driving.

Durrant concludes: "for any given offence, the chances of actually getting punished by the criminal

justice system are quite slim and active criminals are well aware of these favorable odds, thus

undermining the potential deterrent effects of punishment".

Certainty vs. severity

It is commonly assumed that increasing the severity of punishment increases the potential pain or cost

of committing a crime and should therefore make offending less likely. One of the simplest methods to

increase the severity is to impose a longer prison term for a particular crime. However, there are limits

to how severe a punishment can be imposed because of the principle of proportionality: the severity of

the punishment should be roughly proportionate to the gravity of the offending. In a review of the
literature, Durrant found that "most systematic reviews of the effects of sentencing severity on crime

conclude, with a few exceptions, that there is little or no evidence that increasing the punitiveness of

criminal sanctions exerts an effect on offending". This is partly because many offenders get used to

being in prison with the result that longer sentences are not necessarily perceived as being more severe

than shorter sentences.

Criminologists have found that enhancing the certainty of punishment produces a stronger deterrent

effect than increasing the severity of the punishment; offenders who perceive that sanctions for

particular crimes are almost inevitable are less likely to engage in criminal activity. However, because of

low apprehension rates in most criminal justice systems, in practice it is much easier to make penalties

more severe than it is to make them more certain.

Effectiveness

Measuring and estimating the effects of criminal sanction on subsequent criminal behavior are difficult.

Despite numerous studies using a variety of data sources, sanctions, crime types, statistical methods and

theoretical approaches, there remains little agreement in the scientific literature about whether, how,

under what circumstances, to what extent, for which crimes, at what cost, for which individuals and,

perhaps most importantly, in which direction do various aspects of contemporary criminal sanctions

affect subsequent criminal behavior. There are extensive reviews of this literature with somewhat

conflicting assessments.

As a general deterrent

Daniel Nagin (1998), one of the leading authorities on the effectiveness of deterrence, believes the

collective actions of the criminal justice system exert a very substantial deterrent on the community as a

whole. He says it is also his "view that this conclusion is of limited value in formulating policy". He argues

that the issue is not whether the criminal justice system in itself prevents or deters crime but whether a

new policy, added onto the existing structure, will have any additional deterrent effect.

As an individual deterrent

More recent research by Nagin (2009) found that increased severity of punishment had little deterrent

effect on individual offenders.

A meta-analysis of the deterrent effect of punishment on individual offenders also suggests little benefit

is gained from tougher sentences. In 2001 Canadian criminologist, Paul Gendreau, brought together the
results of 50 different studies of the deterrent effect of imprisonment involving over 350,000 offenders.

This included studies which compared the impact of prison over community sentences and the impact of

longer versus shorter prison sentences on recidivism rates. The results revealed no support for the

deterrent effects of punishment. Gendreau wrote: "None of the analyses found imprisonment reduced

recidivism. The recidivism rate for offenders who were imprisoned as opposed to given a community

sanction was similar. In addition, longer sentences were not associated with reduced recidivism. In fact,

the opposite was found. Longer sentences were associated with a 3% increase in recidivism. This finding

suggests some support for the theory that prison may serve as a ‘school for crime’ for some offenders".

Durrant states that "reviews of 'enhanced punishment' such as boot camps, intensive supervision,

'scared straight' programs, and electronic monitoring are typically consistent with the thesis that

increasing the severity of punishment does not act as a significant deterrent to offenders".

In a different kind of study, Kuziemko found that when parole was abolished (as a result of which

prisoners served their full sentence), that increased the crime rate and the prison population by 10%.

This is because prisoners who know they may get out early if they behave are psychologically invested in

rehabilitation. When parole was eliminated for certain offenders (meaning there was no hope of early

release), those prisoners accumulated more disciplinary infractions, completed fewer rehabilitative

programs, and re-offended at higher rates than inmates who were released early.

Death penalty

The death penalty is still retained in some countries, such as some of the United States, due to the

perception that it is a potent deterrent for the most serious offences. In 1975, Ehrlich claimed the death

penalty was effective as a general deterrent and that each execution led to seven or eight fewer

homicides in society. More recent research has failed to find such effects[which?]. Durrant (2014)

believes that different outcomes achieved by different researchers depend largely on which research

model is used.

A major difficulty in evaluating the effectiveness of the death penalty as a deterrent in the United States

is that very few people are actually executed. Fagan (2006) points out that "the rare and somewhat

arbitrary use of execution in states (which still have the death penalty) means that it serves no deterrent

function, because no would-be murderer can reasonably expect to be executed".

4. Rehabilitation
- is the process of re-educating and retraining those who commit crime. It generally involves

psychological approaches which target the cognitive distortions associated with specific kinds of crime

committed by particular offenders - but may also involve more general education such as literacy skills

and work training. The goal is to re-integrate offenders back into society.

- itself simply means the process of helping a person to readapt to society or to restore someone to a

former position or rank. However, this concept has taken on many different meanings over the years

and waxed and waned in popularity as a principle of sentencing or justification for punishment. The

means used to achieve reform in prisons have also varied over time, beginning with silence, isolation,

labor, and punishment, then moving onto medically based interventions including drugs and

psychosurgery. More recently, educational, vocational, and psychologically based programs, as well as

specialized services for specific problems, have typically been put forward as means to reform prisoners

during their sentence.

HISTORY

Ideas of rehabilitation through punishment were first embodied in the penitentiaries, built during the

Jacksonian era of the late 19th century. Reformers hoped that felons would be “kept in solitude,

reflecting penitently on their sins in order that they might cleanse and transform themselves” (Irwin,

1980, p. 2). Initially, under the Pennsylvania system, it was believed that solitary confinement,

accompanied by silent contemplation and Bible study, was a means to redemption. This approach was

later transformed in the Auburn system into one of discipline and labor, also performed in silence.

Through hard work and a strict disciplinary regime, prisoners were meant to meditate over why they

chose a criminal path in order to amend their ways. Disciplinary infractions were met with corporal

punishments. At this time, prisoners were responsible for their own rehabilitation, since the causes of

crime were thought to result from individuals’ inability to lead orderly and God-fearing lives. In the latter

part of the 19th century, the penitentiary gave way to the reformatory, which attempted to rehabilitate

offenders through educational and vocational training, in conjunction with quasi-military regimes.

Reformatories introduced a system of classification of prisoners that allowed for their individualized

treatment. Prisoners progressed through graded stages contingent on their conduct and performance in

programs. They could even work toward early release. Reformatories, although developed around the

concept of rehabilitation, continued to advocate physical punishment for nonconformity and later
regressed to more punitive regimens consistent with the reemergence of retribution at that time.

Methods

A successful rehabilitation of a prisoner is also helped if convicted persons:

· are not placed in health-threateningly bad conditions, enjoy access to medical care and are

protected from other forms of serious ill-treatment,

· are able to maintain ties to the outside world,

· learn new skills to assist them with working life on the outside,

· enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing

the use and disposal of any record of data relating to criminal matters.

5. Restoration or Restorative Justice

-is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best

accomplished through cooperative processes that allow all willing stakeholders to meet, although other

approaches are available when that is impossible. This can lead to transformation of people,

relationships and communities.

The foundational principles of restorative justice have been summarized as follows:

1. Crime causes harm and justice should focus on repairing that harm.

2. The people most affected by the crime should be able to participate in its resolution.

3. The responsibility of the government is to maintain order and of the community to build peace.

If restorative justice were a building, it would have four corner posts:

· Inclusion of all parties

· Encountering the other side

· Making amends for the harm

· Reintegration of the parties into their communities

To review: restorative justice...

· is a different way of thinking about crime and our response to crime

· focuses on repairing the harm caused by crime and reducing future harm through crime

prevention

· requires offenders to take responsibility for their actions and for the harm they have caused

· seeks redress for victims, recompense by offenders and reintegration of both within the
community

· requires a cooperative effort by communities and the government.

PRINCIPLES OF CORRECTIONS

UNITED NATIONS

Basic Principles for the Treatment of Prisoners

Adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990

1. All prisoners shall be treated with the respect due to their inherent dignity and value as human

beings.

2. There shall be no discrimination on the grounds of race, color, sex, language, religion, political or

other opinion, national or social origin, property, birth or other status.

3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which

prisoners belong, whenever local conditions so require.

4. The responsibility of prisons for the custody of prisoners and for the protection of society against

crime shall be discharged in keeping with a State's other social objectives and its fundamental

responsibilities for promoting the well-being and development of all members of society.

5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all

prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration

of Human Rights, and, where the State concerned is a party, the International Covenant on Economic,

Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional

Protocol thereto, as well as such other rights as are set out in other United Nations covenants.

6. All prisoners shall have the right to take part in cultural activities and education aimed at the full

development of the human personality.

7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its

use, should be undertaken and encouraged.

8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment

which will facilitate their reintegration into the country's labor market and permit them to contribute to

their own financial support and to that of their families.

9. Prisoners shall have access to the health services available in the country without discrimination on

the grounds of their legal situation.

10. With the participation and help of the community and social institutions, and with due regard to the

interests of victims, favorable conditions shall be created for the reintegration of the ex-prisoner into

society under the best possible conditions.

11. The above Principles shall be applied impartially.

CORRECTIONAL ADMNISTRATION

CORRECTIONAL ADMNISTRATION

The study of practice of a systematic management of corrections.

example:

Before the pandemic of covid 19 transpired, Jails and prisons accepts visitors for PDLs. Due to the

standard health protocols implemented by the government jails and Prisons in the country stops

accepting Visitors for PDLs to prevent contamination or spread of the virus in Places of confinement.

Certain health protocols are implemented in the Jail operation in relation to the wide spreading virus .

(e,g, the use of Personal protective equipment during headcount, sanitation protocol before entering

the premises, use of alcohol on hands frequently and other measures to prevent contamination with the

virus while on duty. all PDLs are also instructed to wear mask at all times)

Duty schedule was also affected to observed the quarantine procedure followed by the health experts.

from an eight (8 ) hours former duty was changed to a lockdown duty of twelve (12) hours lockdown

duty with four teams that observed an acceptable cycle in observing health protocols.

These changes are guided by corresponding memorandum with references coming from the higher

office before its implementation in all jails nationwide.

CORRECTIONAL ADMNISTRATION

6.1. Penology

The study of punishment for crime or of criminal offender, it includes the study of control and

prevention of crime through punishment of criminal offender.

-a sub- component of criminology that deals with the philosophy and practices of various societies in

their attempts to repress criminal activities and satisfy public opinion via an appropriate treatment

regime for persons convicted of criminal offenses.

- a division of criminology that concerns itself with the philosophy and practice of the society in its

efforts to repress criminal activities.

-is a study of punishment in its relation to crime. it is a science which deals with the principles and

methods of punishments.

Early Codes

The Early Codes gives us knowledge of the ancient laws use by the early civilization and the

corresponding punishment when these codes are violated.

2. Early Codes

2.1. Code of UR-NAMMU

UR-NAMMU

The preface directly credits the laws to king Ur-Nammu of Ur (2112–2095 BCE). The author who had the

laws written onto cuneiform tablets is still somewhat under dispute. Some scholars have attributed it to

Ur-Nammu's son Shulgi.

Although it is known that earlier law-codes existed, such as the Code of Urukagina, this represents the

earliest extant legal text. It is three centuries older than the Code of Hammurabi. The laws are arranged

in casuistic form of IF (crime) THEN (punishment)—a pattern followed in nearly all later codes. It

institutes fines of monetary compensation for bodily damage as opposed to the later lex talionis (‘eye

for an eye’) principle of Babylonian law. However, murder, robbery, adultery and rape were capital

offenses.

The code reveals a glimpse at societal structure during the "Sumerian Renaissance". Beneath the lugal

("great man" or king), all members of society belonged to one of two basic strata: the "lu" or free

person, or the slave (male, arad; female geme). The son of a lu was called a dumu-nita until he married,

becoming a "young man" (gurus). A woman (munus) went from being a daughter (dumu-mi) to a wife

(dam), then if she outlived her husband, a widow (nu-ma-su), who could remarry.

Code of Ur-Nammu

Created c. 2100 BCE – 2050 BCE

Location Istanbul Archaeology Museums (Ni.3191)

Author(s) Ur-Nammu

Purpose Legal code

2.2. Code of Lipit-Ishtar

Code of Lipit-Ishtar
Legal code from about 1870 B.C. written in the Sumerian language. It predates the long-known

Hamurabi law code, now in the Louvre, by more than a century, and for its interest in the history of

civilization, it is one of the most important archaeological finds every uncovered. The tablet is one of

many thousands excavated in the Temple Library of Nippur by a University of Pennsylvania expedition in

the late 19th century. A more ample vestige of Sumerian law is the so-called Code of Lipit–Ishtar (c.

1934–24 BC), which contains the typical prologue, articles, and epilogue and deals with such matters as

the rights of persons, marriages, successions, penalties, and property and contracts.

Lipit-Ishtar (Akkadian: Lipit-Ištar; fl. c. 1870 BC – c. 1860 BC by the short chronology of the ancient near

east) was the 5th king of the First Dynasty of Isin, according to the Sumerian King List (SKL). Also

according to the SKL: he was the successor of Išme-Dagān. Ur-Ninurta then succeeded Lipit-Ištar. Some

documents and royal inscriptions from his time have survived, however; Lipit-Ištar is mostly known due

to the Sumerian language hymns that were written in his honor, as well as a legal code written in his

name (preceding the famed Code of Hammurabi by about 100 years)—which were used for school

instruction for hundreds of years after Lipit-Ištar's death. The annals of Lipit-Ištar's reign recorded that

he also repulsed the Amorites.

The text exists on several partial fragments. The following complete laws have been reconstructed:

8. If a man gave bare ground to another man to set out as an orchard and the latter did not complete

setting out that bare ground as an orchard, he shall give to the man who set out the orchard the bare

ground which he neglected as part of his share.

9. If a man entered the orchard of another man and was seized there for stealing, he shall pay ten

shekels of silver.

10. If a man cut down a tree in the garden of another man, he shall pay one-half mina of silver.

11. If adjacent to the house of a man the bare ground of another man has been neglected and the

owner of the house has said to the owner of the bare ground, "Because your ground has been neglected

someone may break into my house: strengthen your house," and this agreement has been confirmed by

him, the owner of the bare ground shall restore to the owner of the house any of his property that is

lost.

12. If a slave-girl or slave of a man has fled into the heart of the city and it has been confirmed that he

(or she) dwelt in the house of (another) man for one month, he shall give slave for slave.
13. If he has no slave, he shall pay fifteen shekels of silver.

14. If a man's slave has compensated his slave-ship to his master and it is confirmed (that he has

compensated) his master two-fold, that slave shall be freed.

15. If a miqtum [servant] is the grant of a king, he shall not be taken away.

16. If a miqtum went to a man of his own free will, that man shall not hold him; he (the miqtum) may go

where he desires.

17. If a man without authorization bound another man to a matter of which he (the latter) had no

knowledge, that man is not affirmed (i.e., legally obligated); he (the first man) shall bear the penalty in

regard to the matter to which he had bound him.

18. If the master of an estate or the mistress of an estate has defaulted on the tax of an estate and a

stranger has borne it, for three years he (the owner) may not be evicted. Afterwards, the man who bore

the tax of the estate shall possess that estate and the former owner of the estate shall not raise any

claim.

22. If the father is living, his daughter whether she be a high priestess, a priestess, or a hierodule shall

dwell in his house like an heir.

24. If the second wife whom he had married bore him children, the dowry which she brought from her

father's house belongs to her children but the children of his first wife and the children of his second

wife shall divide equally the property of their father.

25. If a man married his wife and she bore him children and those children are living, and a slave also

bore children for her master but the father granted freedom to the slave and her children, the children

of the slave shall not divide the estate with the children of their former master.

27. If a man's wife has not borne him children but a harlot from the public square has borne him

children, he shall provide grain, oil and clothing for that harlot. The children which the harlot has borne

him shall be his heirs, and as long as his wife lives the harlot shall not live in the house with the wife.

29. If a son-in-law has entered the house of his (prospective) father-in-law and afterwards they made

him go out (of the house) and gave his wife to his companion, they shall present to him the betrothal

gifts which he brought and that wife may not marry his companion.

34. If a man rented an ox and injured the flesh at the nose ring, he shall pay one-third of its price.

35. If a man rented an ox and damaged its eye, he shall pay one-half its price.
36. If a man rented an ox and broke its horn, he shall pay one-fourth its price.

37. If a man rented an ox and damaged its tail, he shall pay one-fourth its price.

2.3. CODE OF HAMMURABI

CODE OF HAMMURABI

Hammurabi (c. 1810 – c. 1750 BC) was the sixth king of the First Babylonian dynasty of the Amorite tribe,

reigning from c. 1792 BC to c. 1750 BC (according to the Middle Chronology). He was preceded by his

father, Sin-Muballit, who abdicated due to failing health. During his reign, he conquered Elam and the

city-states of Larsa, Eshnunna, and Mari. He ousted Ishme-Dagan I, the king of Assyria, and forced his

son Mut-Ashkur to pay tribute, bringing almost all of Mesopotamia under Babylonian rule.

Hammurabi is best known for having issued the Code of Hammurabi, which he claimed to have received

from Shamash, the Babylonian god of justice. Unlike earlier Sumerian law codes, such as the Code of
UrNammu, which had focused on compensating the victim of the crime, the Law of Hammurabi was one
of

the first law codes to place greater emphasis on the physical punishment of the perpetrator. It

prescribed specific penalties for each crime and is among the first codes to establish the presumption of

innocence. Although its penalties are extremely harsh by modern standards, they were intended to

limitwhat a wronged person was permitted to do in retribution. The Code of Hammurabi and the Law of

Moses in the Torah contain numerous similarities.

Hammurabi was seen by many as a god within his own lifetime. After his death, Hammurabi was revered

as a great conqueror who spread civilization and forced all peoples to pay obeisance to Marduk, the

national god of the Babylonians. Later, his military accomplishments became de-emphasized and his role

as the ideal lawgiver became the primary aspect of his legacy. For later Mesopotamians, Hammurabi's

reign became the frame of reference for all events occurring in the distant past. Even after the empire

he built collapsed, he was still revered as a model ruler, and many kings across the Near East claimed

him as an ancestor. Hammurabi was rediscovered by archaeologists in the late nineteenth century and

has since been seen as an important figure in the history of law.

The Code of Hammurabi is not the earliest surviving law code; it is predated by the Code of Ur-TNammu,

the Laws of Eshnunna, and the Code of Lipit-Ishtar.] Nonetheless, the Code of Hammurabi shows

marked differences from these earlier law codes and ultimately proved more influential.
The Code of Hammurabi was inscribed on a stele and placed in a public place so that all could see it,

although it is thought that few were literate. The stele was later plundered by the Elamites and removed

to their capital, Susa; it was rediscovered there in 1901 in Iran and is now in the Louvre Museum in Paris.

The code of Hammurabi contains 282 laws, written by scribes on 12 tablets. Unlike earlier laws, it was

written in Akkadian, the daily language of Babylon, and could therefore be read by any literate person in

the city. Earlier Sumerian law codes had focused on compensating the victim of the crime, but the Code

of Hammurabi instead focused on physically punishing the perpetrator. The Code of Hammurabi was

one of the first law code to place restrictions on what a wronged person was allowed to do in

retribution.

The structure of the code is very specific, with each offense receiving a specified punishment. The

punishments tended to be very harsh by modern standards, with many offenses resulting in death,

disfigurement, or the use of the "Eye for eye, tooth for tooth" (Lex Talionis "Law of Retaliation")

philosophy. The code is also one of the earliest examples of the idea of presumption of innocence, and it

also suggests that the accused and accuser have the opportunity to provide evidence. However, there is

no provision for extenuating circumstances to alter the prescribed punishment.

A carving at the top of the stele portrays Hammurabi receiving the laws from Shamash, the Babylonian

god of justice, and the preface states that Hammurabi was chosen by Shamash to bring the laws to the

people. Parallels between this narrative and the giving of the Covenant Code to Moses by Yahweh atop

Mount Sinai in the Biblical Book of Exodus and similarities between the two legal codes suggest a

common ancestor in the Semitic background of the two. Nonetheless, fragments of previous law codes

have been found and it is unlikely that the Mosaic laws were directly inspired by the Code of

Hammurabi. Some scholars have disputed this; David P. Wright argues that the Jewish Covenant Code is

"directly, primarily, and throughout" based upon the Laws of Hammurabi. In 2010, a team of

archaeologists from Hebrew University discovered a cuneiform tablet dating to the eighteenth or

seventeenth century BC at Hazor in Israel containing laws clearly derived from the Code of Hammurabi.

2.4. CODE OF ESHNUNNA

THE LAWS OF ESHNUNNA

The Laws of Eshnunna (abrv. LE) are inscribed on two cuneiform tablets discovered in Tell Abū Harmal,

Baghdad, Iraq. The Iraqi Directorate of Antiquities headed by Taha Baqir unearthed two parallel sets of
tablets in 1945 and 1947. The two tablets are separate copies of an older source and date back to ca.

1930 BC. The differences between the Code of Hammurabi and the Laws of Eshnunna significantly

contributed to illuminating the development of ancient and cuneiform law. Eshnunna was north of Ur

on the Tigris River and became politically important after the fall of the third dynasty of Ur, founded by

Ur-Nammu.

In distinction from the other Mesopotamian collections of law, this one got its name after the city

where it had originated – Eshnunna, located on the bank of the Diyala River, tributary to the Tigris. This

collection of laws is not a real systemized codex; nearly sixty of its sections are preserved. The Laws are

written in Akkadian and consist of two tablets which are marked with A and B. In 1948, Albrecht Goetze

of the Yale University had translated and published them. In some sources the Laws of Eshnunna are

mentioned as the Laws of Bilalama due to the belief that the Eshnunnian ruler probably was their

originator, but Goetze maintained that tablet B was originated under the reign of Dadusha. The text of

the prologue is broken at the point where the ruler who promulgated the laws was specified.

Albrecht Goetze has noticed the specific style of expression. The laws were composed in a mode that

facilitated memorizing. A distinguished Israeli scientist and one of the foremost experts on this

collection of laws, Reuven Yaron of the University of Jerusalem concerning this matter stated: “What

matters to me – and might have mattered to those who fashioned them almost 4000 years ago – is the

ease of remembering the text.”

The conditional sentence (“If A then B” – as it also is the case with the other Mesopotamian laws) is an

attribute of this codification. In 23 paragraphs, it appears in the form šumma awilum – “If a man…” After

the disposition, a precise sanction follows, e.g. LU42(A): “If a man bit and severed the nose of a man,

one mina silver he shall weigh out.”

The Laws clearly show signs of social stratification, mainly focussing on two different classes: the

muškenum and awilum. The audience of the Laws of Eshnunna is more extensive than in the case of the

earlier cuneiform codifications: awilum – free men and women (mar awilim and marat awilim),

muškenum, wife (aššatum), son (maru), slaves of both sexes – male (wardum) and female (amtum) –

which are not only objects of law as in classical slavery, and delicts where the victims were slaves have

been sanctioned, and other class designations as ubarum, apþarum, mudum that are not ascertained.

Reuven Yaron has divided the offences of the Laws of Eshnunna into five groups. The articles of the first
group had to be collected from all over the Laws and the articles of the other four were roughly ordered

one after the other:

1. Theft and related offences,

2. False distraint,

3. Sexual offences,

4. Bodily injuries,

5. Damages caused by a goring ox and comparable cases.

The majority of these offences were penalized with pecuniary fines (an amount of silver), but some

serious offences such as burglary, murder, and sexual offences were penalized with death. It seems that

the capital punishment was avoidable (in contrast to the Code of Hammurabi), because of the standard

formulation: “It is a case of life … he shall die”

2.5. CODE OF HITTITES

CODE OF Hittites (The Code of the Nesilim, c. 1650 – 1500 BCE)

The Code of the Nesilim (Imperial Hittites) is an ancient Hittite (Nesili) legal code dating from c. 1650 –

1500 BCE. This contained the laws that reflected the Hittite empire's social structure, sense of justice,

and morality, addressing common outlawed actions such as assault, theft, murder, witchcraft, and

divorce, among others. It is particularly notable due to a number of its provisions, covering social issues

that included the humane treatment of slaves. Although they were considered lesser than free men, the

slaves under the code were allowed to choose whomever they wanted to marry, buy property, open

businesses, and purchase their freedom. In comparison with The Code of Assura or the Code of

Hammurabi, the Code of Nesilim also provided less-severe punishments for the code's violations.

TRANSLATION

1. If anyone slay a man or woman in a quarrel, he shall bring this one. He shall also give four persons,

either men or women, he shall let them go to his home.

2. If anyone slay a male or female slave in a quarrel, he shall bring this one and give two persons, either

men or women, he shall let them go to his home.

3. If anyone smite a free man or woman and this one die, he shall bring this one and give two persons,

he shall let them go to his home.

4. If anyone smite a male or female slave, he shall bring this one also and give one person, he shall let
him or her go to his home.

5. If anyone slay a merchant of Hatti, he shall give one and a half pounds of silver, he shall let it go to his

home.

6. If anyone blind a free man or knock out his teeth, formerly they would give one pound of silver, now

he shall give twenty half-shekels of silver.

8. If anyone blind a male or female slave or knock out their teeth, he shall give ten half-shekels of silver,

he shall let it go to his home.

10. If anyone injure a man so that he cause him suffering, he shall take care of him. Yet he shall give him

a man in his place, who shall work for him in his house until he recovers. But if he recover, he shall give

him six half-shekels of silver. And to the physician this one shall also give the fee.

17. If anyone cause a free woman to miscarry, if it be the tenth month, he shall give ten half-shekels of

silver, if it be the fifth month, he shall give five half-shekels of silver.

18. If anyone cause a female slave to miscarry, if it be the tenth month, he shall give five half-shekels of

silver.

20. If any man of Hatti steal a Nesian slave and lead him here to the land of Hatti, and his master

discover him, he shall give him twelve half-shekels of silver, he shall let it go to his home.

21. If anyone steal a slave of a Luwian from the land of Luwia, and lead him here to the land of Hatti, and

his master discover him, he shall take his slave only.

24. If a male or female slave run away, he at whose hearth his master finds him or her, shall give fifty

half-shekels of silver a year.

31. If a free man and a female slave be fond of each other and come together and he take her for his

wife and they set up house and get children, and afterward they either become hostile or come to close

quarters, and they divide the house between them, the man shall take the children, only one child shall

the woman take.

32. If a slave take a woman as his wife, their case is the same. The majority of the children to the wife

and one child to the slave.

33. If a slave take a female slave their case is the same. The majority of children to the female slave and

one child to the slave.

34. If a slave convey the bride price to a free son and take him as husband for his daughter, nobody dare
surrender him to slavery.

36. If a slave convey the bride price to a free son and take him as husband for his daughter, nobody dare

surrender him to slavery.

40. If a soldier disappears, and a vassal arise and the vassal say, A This is my military holding, but this

other one is my tenancy, @ and lay hands upon the fields of the soldier, he may both hold the military

holding and perform the tenancy duties. If he refuses the military service, then he forfeits the vacant

fields of the soldier. The men of the village shall cultivate them. If the king gives a captive, they shall give

the fields to him, and he becomes a soldier.

98. If a free man set a house ablaze, he shall build the house, again. And whatever is inside the house, be

it a man, an ox, or a sheep that perishes, nothing of these he need compensate.

99. If a slave set a house ablaze, his master shall compensate for him. The nose of the slave and his ears

they shall cut off, and give him back to his master. But if he does not compensate, then he shall give up

this one.

158. If a man goes for wages, bind sheaves, load it into carts, spread it on the straw barn and so forth

"till they clear the threshing floor, for three months his wages are thirty pecks of barley. If a woman goes

for wages in the harvest, for two months he shall give twelve pecks of barley.

159. If anyone harness a yoke of oxen, his wages are one-half peck of barley.

160. If a smith makes a copper box, his wages are one hundred pecks of barley. He who makes a copper

dish of two-pound weight, his wages are one peck of emmer.

164. If anyone come for borrowing, then make a quarrel and throw down either bread or wine jug, then

he shall give one sheep, ten loaves, and one jug of beer. Then he cleanses his house by the offering. Not

until the year has elapsed may he salute again the other's house.

170. If a free man kills a serpent and speak the name of another, he shall give one pound of silver; if a

slave, this one shall die.

173. If anyone oppose the judgment of the king, his house shall become a ruin. If anyone oppose the

judgment of a lord, his head shall be cut off. If a slave rises against his master, he shall go into the pit.

176. If anyone buy an artisan's apprentice, buy either a potter, a smith, a carpenter, a leatherworker, a

tailor, a weaver, or a lace-maker, he shall give ten half-shekels.

178. A plow-ox costs fifteen half-shekels of silver, a bull costs ten half-shekels of silver, a great cow costs
seven half-shekels of silver, a sheep one half-shekel of silver, a draft horse twenty half-shekels of silver,

a mule one pound of silver, a horse fourteen half-shekels of silver.

181-182. Four pounds of copper cost one half-shekel of silver; one tub of lard, one half-shekel of silver;

two cheese one half-shekel of silver; a gown twelve half-shekels of silver; one blue woolen garment

costs twenty half-shekels of silver; breeches cost ten half-shekels of silver ...

187. If a man has intercourse with a cow, it is a capital crime, he shall die. They shall lead him to the

king's hall. But the king may kill him, the king may grant him his life. But he shall not approach the king.

188. If a man has intercourse with his own mother, it is a capital crime, he shall die. If a man has

intercourse with a daughter, it is a capital crime, he shall die. If a man has intercourse with a son, it is a

capital crime, he shall die.

190. If a man and a woman come willingly, as men and women, and have intercourse, there shall be no

punishment. And if a man has intercourse with his stepmother, there shall be no punishment; except if

his father is living, it is a capital crime, the son shall die.

191. If a free man picks up now this woman, now that one, now in this country, then in that country,

there shall be no punishment if they came together sexually willingly.

192. If the husband of a woman dies, his wife may take her husband's patrimony.

194. If a free man picks up female slaves, now one, now another, there is no punishment for

intercourse. If brothers sleep with a free woman, together, or one after the other, there is no

punishment. If father and son sleep with a female slave or harlot, together, or one after the other, there

is no punishment.

195. If a man sleeps with the wife of his brother, while his brother is living, it is a capital crime, he shall

die. If a man has taken a free woman, then have intercourse also with her daughter, it is a capital crime,

he shall die. If he has taken her daughter, then have intercourse with her mother or her sister, it is a

capital crime, he shall die.

197. If a man rapes a woman in the mountain, it is the man's wrong, he shall die. But if he rapes her in

the house, it is the woman's fault, the woman shall die. If the husband finds them and then kill them,

there is no punishing the husband.

199. If anyone have intercourse with a pig or a dog, he shall die. If a man has intercourse with a horse or

a mule, there is no punishment. But he shall not approach the king, and shall not become a priest. If an
ox spring upon a man for intercourse, the ox shall die but the man shall not die. One sheep shall be

fetched as a substitute for the man, and they shall kill it. If a pig spring upon a man for intercourse, there

is no punishment. If any man has intercourse with a foreign woman and pick up this one, now that one,

there is no punishment.

200. If anyone give a son for instruction, be it a carpenter, or a potter, or a weaver, or a tailor, or a

smith, he shall give six half-shekels of silver for the instruction.

2.6. CODE OF DRACO

CODE OF DRACO

The Draconian constitution, or Draco's code, was a written law code created by Draco near the end of

the 7th century BC in response to the unjust interpretation and modification of oral law by Athenian

aristocrats. As most societies in Greece codified basic law during the mid-seventh century BC, Athenian

oral law was manipulated by the aristocracy until the emergence of Draco's code. Around 621 BC the

people of Athens commissioned Draco to devise a written law code and constitution, giving him the title

of the first legislator of Athens. The literate could read the code at a central location accessible to

anyone. This enactment of a rule of law was an early manifestation of Athenian democracy.

The need for written laws began with the unequal access to legal knowledge by the aristocracy and the

people; the established laws of Athens were inefficiently formulated in the spoken language and often

modified and re-evaluated. The aristocratic exploitation of this system began during the mid-seventh

century BC, and laws were often amended to benefit the aristocracy. These triggered feuds by families

ignorant of the law in an attempt to obtain justice.

To minimize the incidence of these feuds, the governing aristocratic families of Athens decided to

abandon their concealed system of legal proposals and amendments and promulgate them to Athenian

society in writing. They authorized Draco, an aristocratic legislator, to construct the written constitution,

and he began to write the text around 621 BC. To promulgate the new constitution, its text was

inscribed on displaying devices. As a result, the Draconian constitution was accessible to the literate.

Draco introduced the concepts of intentional and unintentional homicide, with both crimes adjudicated

at the Areopagus. Since murder cases were tried by the state, feuds as a form of justice became illegal.

The homicide laws were the only laws retained by the early-6th-century BC Solonian Constitution.

2.7. TWELVE TABLES

The Law of the Twelve tables (Latin: Leges Duodecim Tabularum or Duodecimo Tabulae) was the

legislation that stood at the foundation of Roman law. The Tables consolidated earlier traditions into an

enduring set of laws.

Displayed in the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their

formulation was the result of considerable agitation by the plebeian class, who had hitherto been

excluded from the higher benefits of the Republic. The law had previously been unwritten and

exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later

Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the

"Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of

authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis

of Roman law for a thousand years.

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code',[4]

although modern scholars consider this characterization exaggerated. The Tables were a sequence of

definitions of various private rights and procedures. They generally took for granted such things as the

institutions of the family and various rituals for formal transactions. The provisions were often highly

specific and diverse.

Tables I & II: Procedure for Courts and Judges and Further Enactments on Trials

These two tables are concerned with the Roman court proceedings. Table I covers proceedings between

the defendant and the plaintiff, with responses to potential situations such as when age or illness

prevents the defendant from making appearance, then transportation has to be arranged to assist them.

It also deals with:

· The failure of appearance by the defendant.

· If there is a failure to appear by either party, then after noon the judge must make judgement in

favor of the one who is present.

· Provides a time-table for the trial (ends at sunset)

Table II sets the amount of financial stake for each party depending on the source of litigation, what to

do in case of impairment of the judge, and rules of who must present evidence.

Table III: Execution of Judgment

The laws the Twelve Tables covered were a way to publicly display rights that each citizen had in the
public and private sphere. These Twelve Tables displayed what was previously understood in Roman

society as the unwritten laws. The public display of the copper tablets allowed for a more balanced

society between the Roman patricians who were educated and understood the laws of legal

transactions, and the Roman plebeians who had little education or experience in understanding law. By

revealing the unwritten rules of society to the public, the Twelve Tables provided a means of safeguard

for Plebeians allowing them the opportunity to avoid financial exploitation and added balance to the

Roman economy.

Featured within the Twelve Tables are five rules about how to execute judgments, in terms of debtors

and creditors. These rules show how the ancient Romans maintained peace with financial policy. In his

article Development of the Roman Law of Debt Security, Donald E. Phillipson states the Twelve Tables

were, “A set of statutes known as the Twelve Tables that was passed by an early assembly served as the

foundation of the Roman private law. The Twelve Tables were enacted in the mid-fifth century B.C. as

the result of a conflict among social classes in ancient Rome.”

In the book, The Twelve Tables, written by an anonymous source due to its origins being collaborated

through a series of translations of tablets and ancient references, P.R. Coleman-Norton arranged and

translated many of the significant features of debt that the Twelve Tables enacted into law during the

5th century. The translation of the legal features surrounding debt and derived from the known sources

of the Twelve Tables are stated as such

“1. Of debt acknowledged and for matters judged in court (in iure) thirty days shall be allowed by law

[for payment or for satisfaction].

2. After that [elapse of thirty days without payment] hand shall be laid on (Manus infection) [the

debtor]. He shall be brought into court (in ius).

3. Unless he (the debtor) discharges the debtor unless someone appear in court (in iure) to guarantee

payment for him, he (the creditor) shall take [the debtor] with him. He shall bind [him] either with thong

or with fetters, of which the weight shall be not less than fifteen pounds or shall be more if he (the

creditor) chooses.

4. If he (the debtor) chooses, he shall live on his own [means]. If he lives not on his own [means], [the

creditor,] who shall hold him in bonds, shall give [him] a pound of bread daily; if he (the creditor) shall so

desire, he shall give [him] more.

5. Unless they (the debtors) make a compromise, they (the debtors) shall be held in bonds for sixty days.

During those days they shall be brought to [the magistrate] into the comitia (meeting-place) on three

successive markets.

The five mandates of the Twelve Tables encompassing debt created a new understanding within social

classes in ancient Rome that insured financial exploitation would be limited within legal business

transactions.

Table IV: Right of Familial Heads

The fourth table of the Twelve Tables deals with the specific rights of Patriarchs of families. One of the

first proclamations of the Table IV is that "dreadfully deformed" children must be quickly euthanized. It

also explains that sons are born into inheritance of their family. Babies with physical and mental

diseases must be killed by the father himself. If a husband no longer wants to be married to his wife he

can remove her from their household and "order her to mind her own affairs" Not all of the codes of

table IV are to the benefit of only the patriarch. If a father attempts to sell his son three times then the

son earns his freedom from the father.

Women: Tables V, VI & X

The Twelve Tables have three sections that pertain to women as they concern estates and guardianship,

ownership and possession, and religion, which give a basic understanding as to the legal rights of

females.

· Table V (Estates and Guardianship): “Female heirs should remain under guardianship even when

they have attained the age of majority, but exception is made for the Vestal Virgins.”

· Table VI (Ownership and Possession): “Where a woman, who has not been united to a man in

marriage, lives with him for an entire year without interruption of three nights, she shall pass into his

power as his legal wife.”

· Table X (Religion): “Women shall not during a funeral lacerate their faces, or tear their cheeks with

their nails; nor shall they utter loud cries bewailing the dead.”

One of the aspects highlighted in the Twelve Tables is a woman's legal status and standing in society.

Women were considered to be a form of guardianship similar to that of minors,[17] and sections on

ownership and possession give off the impression that women were considered to be akin to a piece of

real estate or property due to the use of terms such as "ownership" and "possession".
Table VII: Land Rights and Crimes

This table outlines the attitudes towards property. The following are all rules about property

· Boundary disputes are settled by third-parties.

· Road widths are eight feet wide on straight parts and double that on turns.

· People who live near the road are in charge of maintaining it. However, if a road is not well

maintained then carts and animals can be ridden where the riders want to

· Property owners can request removal of trees that have been blown onto their property

· Fruit that falls from a tree onto a neighbor's property still belongs to the original tree owner.

Table VIII: Torts and Delicts (Laws of Injury)

Torts are laws dealing with litigating wrongs that occur between citizens. One such situation is that of

physical injury, retaliation for which can range from dealing the perpetrator an injury in kind, to

monetary compensation to the injured. This table also establishes the legal ramifications for damage

dealt to property by animals and damage dealt to crops by people or animals. The penalty for stealing

crops is hanging as sacrifice to Ceres

The table also describes several laws dealing with theft.

Table IX: Public Law

This section of the tables makes it illegal for anyone to define what a citizen of Rome with the exception

of the greatest assembly, or maximus comitatus. It also outlaw’s execution of those unconvicted, bribery

of judges, and extradition of a citizen to enemy powers.[16]

The Supplements: Tables XI & XII

· Table XI (Marriage Between Classes): A person of a certain class shall not partake in marriage with

a person of a lower class.

· Table XII (Binding into Law): Whatever one or more persons have ordered into law, shall be held by

the law

2.8. MOSAIC LAW

Moses and authorship of the Law

Main articles: Moses, Deuteronomist, and Mosaic authorship

According to the Hebrew Bible, Moses was the leader of early Israel out of Egypt; and traditionally the

first five books of the Hebrew Bible are attributed to him, though most modern scholars believe there
were multiple authors. The law attributed to Moses, specifically the laws set out in the books of

Leviticus and Deuteronomy, as a consequence came to be considered supreme over all other sources of

authority (any king and/or his officials), and the Levites were the guardians and interpreters of the law.

The Book of Deuteronomy (Deuteronomy 31:24–26) records Moses saying, "Take this book of the law,

and put it by the side of the Ark of the Covenant of the LORD." Similar passages referring to the Law

include, for example, Exodus 17:14, "And the LORD said unto Moses, Write this for a memorial in a

book, and rehearse it in the ears of Joshua, that I will utterly blot out the remembrance of Amalek from

under heaven;" Exodus 24:4, "And Moses wrote all the words of the LORD, and rose up early in the

morning, and built an altar under the mount, and twelve pillars, according to the twelve tribes of Israel;"

Exodus 34:27, "And the LORD said unto Moses, Write thou these words, for after the tenor of these

words I have made a covenant with thee and with Israel;" and Leviticus 26:46 "These are the decrees,

the laws and the regulations that the LORD established on Mount Sinai between himself and the

Israelites through Moses."

The content of the Law is spread among the books of Exodus, Leviticus, and Numbers, and then

reiterated and added to in Deuteronomy. This includes:

The Ten Commandments

· Moral laws - on murder, theft, honesty, adultery, etc.

· Social laws - on property, inheritance, marriage and divorce,

· Food laws - on what is clean and unclean, on cooking and storing food.

· Purity laws - on menstruation, seminal emissions, skin disease and mildew, etc.

· Feasts - the Day of Atonement, Passover, Feast of Tabernacles, Feast of Unleavened Bread, Feast

of Weeks etc.

· Sacrifices and offerings - the sin offering, burnt offering, whole offering, heave offering, Passover

sacrifice, meal offering, wave offering, peace offering, drink offering, thank offering, dough offering,

incense offering, red heifer, scapegoat, first fruits, etc.

· Instructions for the priesthood and the high priest including tithes.

· Instructions regarding the Tabernacle, and which were later applied to the Temple in Jerusalem,

including those concerning the Holy of Holies containing the Ark of the Covenant (in which were the

tablets of the law, Aaron's rod, the manna). Instructions and for the construction of various altars.
· Forward looking instructions for time when Israel would demand a king.

2.9. Burgundian Code

The Lex Burgundionum code was compiled by King Gundobad (474-516), very probably after his defeat

by Clovis I in 500. Some additamenta were subsequently introduced, either by Gundobad himself or by

his son Sigismund. This law bears the title of Liber Constitutionum, indicating that it emanated from the

king; it is also known as the Lex Gundobada or Lex Gombata. It was used for cases between

Burgundians, and was also applicable to cases between Burgundians and Romans. For cases between

Romans, however, Gundobad compiled the Lex Romana Burgundionum, called sometimes, through a

misreading of the manuscript, the Liber Papiani, or simply Papianus.

The Burgundian kingdom is one of the early Germanic kingdoms that existed within the Roman Empire.

In the late fifth and early sixth centuries, the Burgundian kings Gundobad and Sigismund compiled and

codified laws to govern the members of their Barbarian tribe, as well as Romans living amongst them.

Those laws governing the Burgundians themselves are called collectively the Lex Burgundionum, while

the laws governing the Romans are known collectively as the Lex Romana Burgundionum. Both are

extant. The laws codified in the Burgundian Code reflect the earliest fusion of German tribal culture with

the Roman system of government. It promoted and helped maintain harmonious relations between

such widely different people who had been previous enemies. More devotion has been given to other

Germanic tribes of this time and little is known about the culture and way of life of the Burgundians

beyond what can be inferred from their legal code. Dr. Katherine Fischer Drew claims that it is the most

influential of all barbarian law codes because of its survival, even after Frankish conquest, until the ninth

century.

The Romans consistently allied themselves with certain barbarian groups outside the Empire, playing

them out against rival barbarian tribes as a policy of divide and rule, the barbarian allies being known as

foederati. Sometimes these groups were allowed to live within the Empire. Barbarians could also be

settled within the Empire as dediticii or laeti. The Romans could henceforth rely on these groups for

military support or even as legionary recruits. One such group were the Burgundians, whom the Roman

Emperor Honorius in 406 had invited to join the Roman Empire as foederati with a capital at Worms The

Burgundians were soon defeated by the Huns, but once again given land near Lake Geneva for Gundioc

(r. 443-474) to establish a second federate kingdom within the Roman Empire in 443. This alliance was a
contractual agreement between the two peoples. Gundioc's people were given one-third of Roman

slaves and two-thirds of the land within Roman territory. The Burgundians were allowed to establish an

independent federate kingdom within the Empire and received the nominal protection of Rome for their

agreement to defend their territories from other outsiders. This contractual relationship between the

guests, Burgundians, and hosts, Romans, supposedly provided legal and social equality. However, Drew

argues that the property rights and social status of the guests may have given them disproportionate

leverage over their hosts. More recently, Henry Sumner Maine argues that the Burgundians exercised

"tribe-sovereignty" rather than complete territorial sovereignty.

Gundioc's son, Gundobad (r. 474-516), began commission for his kingdom's legal codification in 483,

which his son and successor, Sigismund (r. 516-532) completed. The laws deal mostly with inheritance

and monetary compensation for physical injury. The earlier work, antiquae, and the later additions,

novellae, together make the whole Burgundian Code. The Franks began attacking the Burgundians in

523 and completely defeated them by 534, when Sigismund's brother, Godomar (r. 532-534), fled and

left the kingdom to be divided amongst Frankish rulers. However, the Franks kept Burgundian law in

practice

2.10. Justinian Code

The Code of Justinian (Latin: Codex Justinianus, Justinianeus or Justiniani) is one part of the Corpus Juris

Civilis, the codification of Roman law ordered early in the 6th century AD by Justinian I, who was an

Eastern Roman (Byzantine) emperor in Constantinople. Two other units, the Digest and the Institutes,

were created during his reign. The fourth part, the Novellae Constitutiones (New Constitutions, or

Novels), was compiled unofficially after his death but is now also thought of as part of the Corpus Juris

Civilis.

Shortly after Justinian became emperor in 527, he decided the empire's legal system needed repair.

There existed three codices of imperial laws and other individual laws, many of which conflicted or were

out of date. The Codex Gregorianus and the Codex Hermogenianus were unofficial compilations. (The

term "Codex" refers to the physical aspect of the works, being in book form, rather than on papyrus

rolls. The transition to the codex occurred around The Codex Theodosianus was an official compilation

ordered by Theodosius II. In February 528, Justinian promulgated the Constitutio Hac quae necessario,

by which was created a ten-man commission to review these earlier compilations as well as individual
laws, eliminate everything unnecessary or obsolete, make changes as it saw fit, and create a single

compilation of imperial laws in force. The commission was headed by the praetorian prefect, John of

Cappadocia and also included Tribonian, who was later to head the other Corpus Juris Civilis projects.

The commission finished its work in 14 months, and the compilation was promulgated in April 529 by

the Constitutio Summa. However, this compilation did not eliminate all the conflicts that had arisen over

the years in Roman jurisprudence, and the constitutions in the Code were to be used alongside the

conflicting opinions of ancient jurists. "The citation of the said constitutions of Our Code, with the

opinions of the ancient interpreters of the law, will suffice for the disposal of all cases." Justinian

attempted to harmonize these conflicting opinions by issuing his "Fifty Decisions" and by passing

additional new laws. This meant that his Code no longer reflected the latest imperial law. Thus, Justinian

ordered a new compilation to supersede the first, and this Codex was published in 534.[ No copies of the

first edition of the Code have survived; only a fragment of an index of contents on an Egyptian papyrus

remains. Known as the Codex Repetitae Praelectionis, this second edition of the Code was published on

November 16, 534, and took effect on December 30. The Codex consists of twelve books: book 1

concerns ecclesiastical law, sources of law, and the duties of higher offices; books 2–8 cover private law;

book 9 deals with crimes; and books 10–12 contain administrative law. The Code's structure is based on

ancient classifications set out in the edictum perpetuum (perpetual edict), as is that of the Digest.

In the West, Justinian's Codex was largely lost, or in many places never present, due to the limited

western extent of the Byzantine territories. The Latin version known today was painstakingly restored

over many centuries. The only known manuscript that once contained the entire Latin Codex is a

Veronese palimpsest of the 6th or 7th century; it is now only fragments Within its home in the Byzantine

Empire, the code was translated into Greek, which had become the governing language, and adapted, in

the 9th century as the Basilika. It appears as if the Latin Code was shortened in the Middle Ages into an

"Epitome Codex", with inscriptions being dropped and numerous other changes made. Sometime in the

8th or 9th century, the last three books of the Code were separated from the others, and many other

laws in the first nine books, including all of those written in Greek, were dropped. Substantially

complete versions of Justinian's Codex were restored around the end of the 12th century, and the

humanists of the 16th century added the laws originally promulgated in Greek. Paul Krüger created the

modern, standard version of the Codex in 1877.

3. Early Forms of Punishment

3.1. Pillory

PILLORY

- a wooden framework with holes for the head and hands, in which an offender was imprisoned and

exposed to public abuse.

-is a device made of a wooden or metal framework erected on a post, with holes for securing the

head and hands, formerly used for punishment by public humiliation and often further physical abuse.

The pillory is related to the stocks. In a more-complicated form of the instrument, the frame consisted

of a perforated iron circle that could secure the head and hands of several persons at the same time,

but, in the common form, it was capable of holding only one person.

In the statutes of Edward I of England, it was enacted that every pillory or “stretch-neck” should be

made strong enough to hold offenders without peril to their bodies. It was customary in the case of men

sentenced to the pillory to shave the head and beard wholly or partially; the hair of female culprits was

cut off, and in extreme cases the head was shaved.

STOCKS - were wooden or metal devices with foot holes used as punishment until the beginning of the

19th century. The convicted individual was seated and had their feet and ankles locked into the device

so that the legs were held out straight.

The Spanish conquistadores introduced stocks as a popular form of punishment and humiliation against

those who impeded the consolidation of their settlements in the new world. They were still used in the

19th century in Latin America to punish indigenous miners in many countries for rebelling against their

bosses.

During the medieval times, it was common to punish criminals with various tortures devices such as the

stocks. Some torture devices were designed to inflict torture until death whilst others were simply

aimed at humiliating the petty criminals. A wide range of torture devices such as the stocks were

prevalent during the middle and high medieval times which were used for various political and religious

purposes. Among the medieval torture devices that were designed to inflict humiliation, the stocks

torture device was quite popular.

The stocks torture device was specifically constructed to immobilize the victim and expose them to

public humiliation. Among other medieval torture devices, it was similar to a pillory in that it consisted
of hinged wooden boards. The stocks had an opening between the wooden boards from which the

victim’s hands and sometimes feet too would be passed through and chained. Sometimes, there was an

additional hole for the head as well. Thus, the hands and feet of the victim would be bound in the stocks

torture device and he would be left out in the open for public humiliation. Sometimes, the victim was

left in the stocks for days which could also result in death from exposure to the elements.

3.3. Breaking At Wheels

BREAKING AT WHEELS

The breaking wheel or execution wheel, also known as the Catherine wheel or simply the Wheel, was a

torture method used for public execution primarily in Europe from antiquity through the Middle Ages

into the early modern period by breaking the bones of a criminal or bludgeoning them to death.

3.4. Stoning To Death

STONING TO DEATH

Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until

the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds

since ancient times.

Rajm (Arabic: ‫ ;مجر‬meaning stoning) in Islam refers to the Hudud punishment wherein an

organized group throws stones at a convicted individual until that person dies. Under some versions of

Islamic law (Sharia), it is the prescribed punishment in cases of adultery committed by a married man or

married woman. The conviction requires a confession from either the adulterer/adulteress, or the

testimony of four witnesses (as prescribed by Quran 24:4), or pregnancy outside of marriage.

The punishment of stoning/Rajm or capital punishment for adultery is unique in Islamic law in that it

conflicts with the Qur'anic prescription for premarital and extramarital sex (zina)[ found in Surah
anNur,2: "The woman and the man guilty of adultery or fornication — flog each of them with a hundred

stripes". For this reason some minority Muslim sects such as Kharijites found in Iraq, and Islamic

Modernists such as the Quranists disagree with the legality of rajm.

Stoning is not mentioned as a form of capital punishment in the canonical text of the Quran.

However, Islamic scholars have traditionally postulated that there is a Quranic verse ("If a man or a

woman commits adultery, stone them...") which was "abrogated" textually while retaining its legal

force.
3.5. Cat O Nine Tails

CAT O NINE TAILS

Cat o' Nine Tails

The cat o' nine tails, commonly shortened to the cat, is a type of multi-tailed whipping device that

originated as an implement for severe physical punishment, notably in the Royal Navy and Army of the

United Kingdom, and also as a judicial punishment in Britain and some other countries.

The cat is made up of nine knotted thongs of cotton cord, about 2 1/2 feet or 76 cm long, designed to

lacerate the skin and cause intense pain. It traditionally has nine thongs as a result of the manner in

which rope is plaited. Thinner rope is made from three strands of yarn plaited together, and thicker rope

from three strands of thinner rope plaited together. To make a cat o' nine tails, a rope is unraveled into

three small ropes, each of which is unraveled again.

3.6. Furca

HERETIC'S FORK/ FURCA

The heretic's fork was a torture device, consisting of a length of metal with two opposed bi-pronged

"forks" as well as an attached belt or strap.

The device was placed between the breast bone and throat just under the chin and secured with a

leather strap around the neck, while the victim was hung from the ceiling or otherwise suspended in a

way so that they could not lie down.

A person wearing it couldn't fall asleep. The moment their head dropped with fatigue, the prongs

pierced their throat or chest, causing great pain. This very simple instrument created long periods of

sleep deprivation. People were awake for days, which made confessions more likely.

Traditionally, the fork was engraved with the Latin word abiuro (meaning "I recant"), and was used by

the various Inquisitions.

3.7. Spike

Pale (Spike for Impalement)

Impalement was a method of torture and execution in which a person is pierced with a long stake.

The penetration can be through the sides, from the rectum, or through the mouth.

This method would lead to slow, painful, death. Often, the victim was hoisted into the air after partial

impalement. Gravity and the victim's own struggles would cause him to slide down the pole.
Death could take many days. Impalement was practiced in Europe throughout the Middle Ages.

Vlad III Dracula, who learned the method of killing by impalement while staying in Constantinople, the

capital of the Ottoman Empire, as a prisoner, and Ivan the Terrible have passed into legend as major

users of the method.

Impalement was Vlad's preferred method of torture and execution. His method of torture was a horse

attached to each of the victim's legs as a sharpened stake was gradually forced into the body. Death by

impalement was slow and agonizing. Victims sometimes endured for hours or even days. Vlad often had

the stakes arranged in various geometric patterns. The most common pattern was a ring of concentric

circles in the outskirts of a city that constituted his target. The height of the spear indicated the rank of

the victim. The corpses were often left decaying for months.

One of the most famous woodcuts of the period shows Vlad feasting in a forest of stakes and their grisly

burdens outside Bravo, while a nearby executioner cuts apart other victims. This place was famously

known as the Forest of the Impaled.

3.8. Branding

BRANDING IRONS

Human branding or stigmatizing is the process in which a mark, usually a symbol or ornamental pattern,

is burned into the skin of a living person, with the intention that the resulting scar makes it permanent.

This is achieved using a very hot or very cold branding iron.

In criminal law, branding with a hot iron was a mode of punishment by which marking the subject as if

goods or animals, sometimes concurrently with a reduction of status.

Brand marks have also been used as a punishment for convicted criminals, combining physical

punishment, as burns are very painful, with public humiliation, especially if marked on a normally visible

part of the body, providing an indelible criminal record

The punishment was adopted by the Anglo-Saxons, and the ancient law of England authorized the

penalty. By the Statute of Vagabonds (1547) under King Edward VI, vagabonds and Gypsies were

ordered to be branded with a large V on the breast, and brawlers with F for "fraymaker"; slaves who ran

away were branded with S on the cheek or forehead. This law was repealed in England in 1550. From

the time of Henry VII, branding was inflicted for all offences which received Benefit of clergy (branding

of the thumbs was used around 1600 at Old Bailey to ensure that the accused who had successfully used
the Benefit of Clergy defence, by reading a passage from the Bible, could not use it more than once), but

it was abolished for such in 1822. In 1698 it was enacted that those convicted of petty theft or larceny,

who were entitled to benefit of clergy, should be "burnt in the most visible part of the left cheek,

nearest the nose." This special ordinance was repealed in 1707. James Nayler, a Quaker who in the year

1655 was accused of claiming to be the Messiah, convicted of blasphemy in a highly publicised trial

before the Second Protectorate Parliament and had his tongue bored through and his forehead branded

B for 'blasphemer'.

In the 16th century, German Anabaptists were branded with a cross on their foreheads for refusing to

recant their faith and join the Roman Catholic Church.

In the North-American Puritan settlements of the 17th century, men and women sentenced for having

committed acts of adultery were branded with an "A" letter on their chest (men) or bosom (women).

Canon law sanctioned the punishment, and in France, in royal times, various offences carried the

additional infamy of being branded with a fleur de lys. In Germany however, branding was illegal.

In the Lancaster criminal court, a branding iron is still preserved in the dock. It is a long bolt with a

wooden handle at one end and an M (malefactor) at the other; close by are two iron loops for firmly

securing the hands during the operation. The brander would, after examination, turn to the judge and

exclaim"A fair mark, milord." Criminals were formerly ordered to hold up their hands before sentence to

show if they had been previously convicted.

In the 18th century, cold branding or branding with cold irons became the mode of inflicting the

punishment on prisoners of higher rank. "When Charles Moritz, a young German, visited England in

1782 he was surprised at this custom, and in his diary mentioned the case of a clergyman who had

fought a duel and killed his man in Hyde Park. Found guilty of manslaughter he was burnt in the hand, if

that could be called burning which was done with a cold iron" (Markham's Ancient Punishments of

Northants, 1886).

Such cases led to branding becoming obsolete, and it was abolished in 1829 except in the case of

deserters from the army, which were marked with the letter D, not with hot irons but by tattooing with

ink or gunpowder.

3.9. Burning

BURNING
In the Middle Ages burning was used both as a form of torture and as a capital punishment.

As a form of torture, the victim’s feet could be held to a fire, or trapped into metal boots that were

heated up, or they could be strapped into an iron chair with a fire lit underneath, or red-hot irons could

be applied. Metal torture instruments were often heated - pincers, pliers and so on. Burning or molten

liquids could also be used, the victims being forced to dip limbs in them or even having them poured

down their throats.

According to the Talmud, the "burning" mentioned in the Bible was done by melting lead and pouring it

down the convicted person's throat, causing immediate death. The particular form of execution by

burning in which the condemned is bound to a large stake is more commonly called burning at the

stake.

As a form of capital punishment, burning has a long history for crimes such as treason (heresy,

blasphemy and witchcraft being regarded by the Christian Churches as treason against God). Sodomy

was also punished by burning alive, again because it was seen as a crime against God.

The Burning of two "sodomites" at the stake outside Zürich, 1482 (Spiezer Schilling)

3.10. Chain and Constraint

CHAINING & CONSTRAINTS

Simply restricting movement is a form of torture - the more restrictive the constraint, the more severe

the torture.

As with the pillory or the stocks, victim cannot turn to look in certain directions, they cannot open or

close windows, they cannot make themselves comfortable by moving or dressing or undressing, or

scratching an itch, or moving inside or outside. They cannot make adjustments for heat or cold, or light

or dark. They cannot visit a lavatory. They cannot defend themselves against physical or sexual abuse.

They cannot shoo away insects or rats. They cannot eat or drink easily, and in some cases cannot eat or

drink at all - leading to death within days.

In prisons run by Churches, the victims were generally restricted to a diet of stale bread and foul water -

in line with a biblical text - and so were effectively condemned to death, since even a diet of good bread

and water will sustain human life for only around three months.

3.11. Chastity Belts

CHASTITY BELTS
A chastity belt is a locking item of clothing historically designed for women, to prevent sexual

intercourse. Their purpose was to ensure chastity, in order to protect women from rape or to dissuade

women and their potential sexual partners from sexual temptation; to this extent.

According to modern myths, the chastity belt was used as an anti-temptation device during the

Crusades. When a knight left for the Holy Lands on the Crusades, his Lady would wear a chastity belt to

preserve her faithfulness to him. There is no credible evidence that chastity belts existed before the

15th century, more than a century after the last Crusade, and their main period of use falls within the

Renaissance rather than the Middle Ages. Research into the history of the chastity belt suggests that

they were not used rarely before the 16th century.

Renaissance chastity belts were said to have had padded linings (to prevent large areas of metal from

coming into direct prolonged contact with the skin), and these had to be changed fairly frequently, so

that such belts were not practical for uninterrupted long-term wear.

3.12. Crushing Devices

CRUSHING DEVICES

Devices existed for crushing many parts of the body, but the most common screw equipment, vices, for

crushing limbs.

Sometimes the crushing was achieved by hammering wedges into constrained spaces where the limbs

were confined - see Boot.

Tools resembling nut crackers could also inflict significant pain when applied to various parts of the

body.

3.13. Wooden Horse

WOODEN HORSE

A wooden horse (or Spanish donkey) is a torture device, of which there exist two variations.

The first is a sharply angled device with the sharp point of the angle pointing upward, mounted on a

saw-horse like support. The victim is made to straddle the triangular "horse" and place their full body

weight on their genitals, which rested on the point of the angle. Weights or additional restraints were

often added to keep the victim from falling off.

A punishment similar to this was used during the American colonial period and later. Called Riding the

Rail, the victim was often carried through town in this predicament, often in conjunction with the
punishment of tarring and feathering. The crotch can be injured and the victim could be left unable to

walk without pain.

A less immediately painful variation, often dubbed the wooden pony, is a single plank of wood

supported (either again with wooden legs or suspended from the ceiling) horizontal from the floor on its

side, with the thin edge up. Usually this edge is filed to a blunt point or rounded off. The victim is made

to straddle the plank, which is adjusted (raised or lowered) in order to make the victim stand on his

tiptoes or rest his body weight on his genitals on the plank.

3.14. Mutilation

MUTILATION

Punishment. Maiming, or mutilation which involves the loss of, or incapacity to use, a bodily member, is

and has been practiced by many societies with various cultural and religious significance, and is also a

customary form of physical punishment, especially applied on the principle of an eye for an eye.

GAROTE

A garrote or garrote vil (a Spanish word; alternative spellings include garotte and similar variants) is a

weapon, most often a handheld ligature of chain, rope, scarf, wire or fishing line, used to strangle a

person.

3.16. Guillotine

GUILLOTINE

A guillotine (/ˈɡɪlətiːn/ GHIL-ə-teen, also US: /ˈɡiːətiːn/ GHEE-, French: [ɡijɔtin] (About this sound listen))

is an apparatus designed for efficiently carrying out executions by beheading. The device consists of a

tall, upright frame with a weighted and angled blade suspended at the top. The condemned person is

secured with stocks at the bottom of the frame, positioning the neck directly below the blade. The blade

is then released, swiftly and forcefully decapitating the victim with a single, clean pass so that the head

falls into a basket or other receptacle below.

The guillotine is best known for its use in France, in particular during the French Revolution, where the

revolution's supporters celebrated it as the people's avenger and the revolution's opponents vilified it as

the pre-eminent symbol of the violence of the Reign of Terror. While the name "guillotine" itself dates

from this period, similar devices had been in use elsewhere in Europe over several centuries. The use of

an oblique blade and the stocks set this type of guillotine apart from others. The display of severed
heads had long been one of the most common ways European sovereigns exhibited their power to their

subjects.

The guillotine was invented with the specific intention of making capital punishment less painful in

accordance with Enlightenment ideals, as previous methods of execution in France had proven to be

substantially more painful and prone to error. After its adoption, the device remained France's standard

method of judicial execution until the abolition of capital punishment in 1981. The last person to be

executed in France was Hamida Djandoubi, who was guillotined on 10 September 1977. Djandoubi was

the last person executed by guillotine by any government in the world.

2.1. Cesare Bonesana di Beccaria

Cesare Bonesana di Beccaria, Marquis of Gualdrasco and Villareggio (Italian: [ˈtʃeːzare bekkaˈriːa, ˈtʃɛː-];

15 March 1738 – 28 November 1794) was an Italian criminologist, jurist, philosopher, and politician,

who is widely considered one of the greatest thinkers of the Age of Enlightenment. He is well

remembered for his treatise On Crimes and Punishments (1764), which condemned torture and the

death penalty, and was a founding work in the field of penology and the Classical School of criminology.

Beccaria is considered the father of modern criminal law and the father of criminal justice.

Cesare Beccaria was best known for his book on crimes and punishments. In 1764, with the

encouragement of Pietro Verri, Beccaria published a brief but celebrated treatise On Crimes and

Punishments. Some background information was provided by Pietro, who was writing a text on the

history of torture, and Alessandro Verri, a Milan prison official who had firsthand experience of the

prison's appalling conditions. In this essay, Beccaria reflected the convictions of his friends in the Il Caffè

(Coffee House) group, who sought reform through Enlightenment discourse.

Beccaria's treatise marked the high point of the Milan Enlightenment. In it, Beccaria put forth some of

the first modern arguments against the death penalty. His treatise was also the first full work of

penology, advocating reform of the criminal law system. The book was the first full-scale work to tackle

criminal reform and to suggest that criminal justice should conform to rational principles. It is a less

theoretical work than the writings of Hugo Grotius, Samuel von Pufendorf and other comparable

thinkers, and as much a work of advocacy as of theory.

The brief work relentlessly protests against torture to obtain confessions, secret accusations, the

arbitrary discretionary power of judges, the inconsistency and inequality of sentencing, using personal
connections to get a lighter sentence, and the use of capital punishment for serious and even minor

offences.

The principles to which Beccaria appealed were Reason, an understanding of the state as a form of

contract, and, above all, the principle of utility, or of the greatest happiness for the greatest number.

Beccaria had elaborated this original principle in conjunction with Pietro Verri, and greatly influenced

Jeremy Bentham to develop it into the full-scale doctrine of Utilitarianism.

He openly condemned the death penalty on two grounds:

1. because the state does not possess the right to take lives; and

2. because capital punishment is neither a useful nor a necessary form of punishment.

Statue of Beccaria in Pinacoteca Brera, Milan

Beccaria developed in his treatise a number of innovative and influential principles:

· Punishment has a preventive (deterrent), not a retributive, function.

· Punishment should be proportionate to the crime committed.

· A high probability of punishment, not its severity, would achieve a preventive effect.

· Procedures of criminal convictions should be public.

· Finally, in order to be effective, punishment should be prompt.

2.2. JOHN HOWARD

JOHN HOWARD FRS (2 September 1726 – 20 January 1790) was a philanthropist and early English prison

reformer. Considered as the Father of Prison Reform. He also coined the word “ penitentiary" which

came from the root word “penitence” meaning the feeling of deep sadness from a wrong act

committed.

He then set out for Portugal following the 1755 Lisbon earthquake, traveling on the Hanover, which was

captured by French privateers. He was imprisoned in Brest for six days before being transferred to

another prison on the French coast. He was later exchanged for a French officer held by the British, and

he quickly travelled to the Commissioners of Sick and Wounded Seamen in London to seek help on

behalf of his fellow captives. It is widely believed that this personal experience generated Howard's

interest in prisons.

John Howard was appointed High Sheriff of Bedfordshire in 1773,[6]:9 initially for a one-year period.

Such was his dedication, rather than delegating his duties to the under-sheriff as was customary,
Howard inspected the county prison himself. He was shocked by what he found, and spurred into action

to inspect prisons throughout England. Of particular concern to Howard were those prisoners who were

held because they could not pay the jailer's fee – an amount paid to the owner or keeper of the prison

for upkeep. He took this issue to parliament, and in 1774 Howard was called to give evidence on prison

conditions to a House of Commons select committee. Members of that committee were so impressed

that, unusually, Howard was called to the bar of the House of Commons and publicly thanked for his

"humanity and zeal".

Having visited several hundred prisons across England, Scotland, Wales and wider Europe, Howard

published the first edition of The State of the Prisons in 1777. It included very detailed accounts of the

prisons he had visited, including plans and maps, together with detailed instructions on the necessary

improvements, especially regarding hygiene and cleanliness, the lack of which was causing many

deaths.[6]:10 It is this work that has been credited as establishing the practice of single-celling in the

United Kingdom and, by extension, in the United States. The following account, of the Bridewell at

Abingdon, Oxfordshire, is typical:

Howards 4 basic Principle according to his Law “The Penitentiary Act”

1. Abolitions of jailer’s fee

2. Regular Inspection of Prisoners

3. Provision of clean facility

4. Emphasis of Reforming inmate

Howards reforms combined discipline and humanitarian philosophy. It also incorporated religious

teaching as well as productive labor and daily routine

2.3. Sir William Blackstone

Sir William Blackstone SL KC (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory

politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of

England. Born into a middle-class family in London, Blackstone was educated at Charterhouse School

before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor

of Civil Law degree, he was made a fellow of All Souls, Oxford, on 2 November 1743, admitted to Middle

Temple, and called to the Bar there in 1746.

The Penitentiary Act (19 Geo. III, c.74) was a British Act of Parliament passed in 1779 which introduced a
policy of state prisons for the first time. The Act was drafted by the prison reformer John Howard and

the jurist William Blackstone and recommended imprisonment as an alternative sentence to death or

transportation.

The prison population in England and Wales had swollen following the initial fighting in the American

Rebellion and the government's attendant decision, by the Criminal Law Act 1776 (16 Geo. 3 c.43), to

temporarily halt use of the American Colonies as the standard destination for transported criminals.[3]

As early as 1777, Howard had produced a report to a House of Commons select committee which

identified appalling conditions in most of the prisons he had inspected.

While the purpose of the Act had been to create a network of state-operated prisons, and despite its

passage through Parliament, the act resulted only in considerable study of methods, alternatives and

possible locations; no prisons would be built as a direct result of the act,[1] although the prison network

and alternatives would be created over time

2.4. JEREMY BENTHAM

The panopticon is a type of institutional building and a system of control designed by the English

philosopher and social theorist Jeremy Bentham in the 18th century. The concept of the design is to

allow all prisoners of an institution to be observed by a single security guard, without the inmates being

able to tell whether they are being watched.

The Building circular – an iron cage, glazed – a glass lantern about the size of Ranelagh – The Prisoners in

their Cells, occupying the Circumference – The Officers, the Centre. By Blinds, and other contrivances,

the Inspectors concealed from the observation of the Prisoners: hence the sentiment of a sort of

invisible omnipresence. – The whole circuit reviewable with little, Bentham's proposal for a panopticon

prison met with great interest among British government officials not only because it incorporated the

pleasure-pain principle developed by the materialist philosopher Thomas Hobbes, but also because

Bentham joined the emerging discussion on political economy. Bentham argued that the confinement of

the prison, "which is his punishment, preventing [the prisoner from] carrying the work to another

market."[clarification needed – missing verb] Key to Bentham's proposals and efforts to build a

panopticon prison in Millbank at his own expense, was the "means of extracting labour" out of prisoners

in the panopticon. In his 1791 writing Panopticon, or The Inspection House, Bentham reasoned that
those working fixed hours needed to be overseen. Also, in 1791 Jean Philippe Garran de Coulon

presented a paper on Bentham's panopticon prison concepts to the National Legislative Assembly in

revolutionary France.[or, if necessary, without any, change of place.

2.5. WILLIAM PENN

William Penn (14 October 1644 – 30 July 1718) was an English writer and religious thinker belonging to

the Religious Society of Friends (Quakers), and founder of the Province of Pennsylvania, a North

American colony of England. He was an early advocate of democracy and religious freedom, notable for

his good relations and successful treaties with the Lenape Native Americans. Under his direction, the city

of Philadelphia was planned and developed. Philadelphia was planned out to be grid-like with its streets

and be very easy to navigate, unlike London where Penn was from. The streets are named with numbers

and tree names. He chose to use the names of trees for the cross streets because Pennsylvania means

"Penn's Woods".

William Penn was the first great Quaker prison reformer. In his ‘Great Experiment’ in Pennsylvania in the

1680s he abolished capital punishment for all crimes except murder. He also stated that ‘prisons shall be

workhouses,’ that bail should be allowed for minor offences’, and ‘all prisons shall be free, as to fees,

food and lodgings’. He provided for rehabilitation, as he stipulated that prisoners should be helped to

learn a trade, so that they could make an honest living when they were released. These were radical

reforms for his time, putting into practice his Quaker faith in equality and the possibility of nurturing

‘that of God’ in everyone.

2.6. BARON DE MONTESQUIEU, CHARLES-LOUIS DE SECONDAT

Montesquieu was one of the great political philosophers of the Enlightenment. Insatiably curious and

mordantly funny, he constructed a naturalistic account of the various forms of government, and of the

causes that made them what they were and that advanced or constrained their development. He used

this account to explain how governments might be preserved from corruption. He saw despotism, in

particular, as a standing danger for any government not already despotic, and argued that it could best

be prevented by a system in which different bodies exercised legislative, executive, and judicial power,

and in which all those bodies were bound by the rule of law. This theory of the separation of powers had

an enormous impact on liberal political theory, and on the framers of the constitution of the United

States of America.
Montesquieu's two most important works are the Persian Letters and The Spirit of the Laws. While

these works share certain themes -- most notably a fascination with non-European societies and a

horror of despotism -- they are quite different from one another, and will be treated separately.

Montesquieu after analyzing law as an expression of justice, he stands on a belief that severe

punishment would undermine morality and appeals that moral sentiments is a better means of

preventing crime.

2.7. FRANÇOIS-MARIE AROUET

FRANÇOIS-MARIE AROUET (French: [fʁɑ̃ swa maʁi aʁwɛ]; 21 November 1694 – 30 May 1778), known by

his nom de plume Voltaire was a French Enlightenment writer, historian, and philosopher famous for

his wit, his criticism of Christianity—especially the Roman Catholic Church—as well as his advocacy of

freedom of speech, freedom of religion, and separation of church and state.

A philosopher who believes in the legality of torture and fear of shame is a deterrent to crime.

Voltaire was a versatile and prolific writer, producing works in almost every literary form, including

plays, poems, novels, essays, histories, and scientific expositions. He wrote more than 20,000 letters and

2,000 books and pamphlets. He was one of the first authors to become renowned and commercially

successful internationally. He was an outspoken advocate of civil liberties, and he was at constant risk

from the strict censorship laws of the Catholic French monarchy. His polemics witheringly satirized

intolerance, religious dogma, and the French institutions of his day.

2.8. ALEXANDER MACONOCHIE

ALEXANDER MACONOCHIE (11 February 1787 – 25 October 1860) was a Scottish naval officer,

geographer, and penal reformer.

In 1840, Maconochie became the Governor of Norfolk Island, a prison island where convicts were

treated with severe brutality and were seen as lost causes. Upon reaching the island, Maconochie

immediately instituted policies that restored dignity to prisoners, achieving remarkable success in

prisoner rehabilitation. These policies were well in advance of their time and Maconochie was politically

undermined. His ideas would be largely ignored and forgotten, only to be readopted as the basis of

modern penal systems over a century later in the mid- to late 20th century.

Mark system, penal method developed about 1840 by Alexander Maconochie at the English penal

colony of Norfolk Island (located east of Australia). Instead of serving fixed sentences, prisoners there
were held until they had earned a number of marks, or credits, fixed in proportion to the seriousness of

their offenses. A prisoner became eligible for release when he had obtained the required number of

credits, which were accumulated for good conduct, hard work, and study and could be denied or

subtracted for indolence or misbehavior. The mark system symbolized the decline of the “let the

punishment fit the crime” theory of correction and presaged the use of indeterminate sentences,

individualized treatment, and parole. Above all, it emphasized training and performance as the chief

mechanisms of reformation.

Almost 1,400 convicts had been discharged during Maconochie's term, and he always claimed that a

high percentage did not offend again. He is known as the "Father of Parole".

2.9. Matthew Davenport Hill

The Father of Probation in England, he was recorder (judge) of Birmingham (1839–65) and bankruptcy

commissioner for the Bristol district (1851–69). He believed that crime could be prevented by

reformation in prison, ending in the convict’s release on a showing of good behaviour throughout his

prison term, and by life imprisonment of incorrigibles, without the possibility of parole. The 1853 and

1864 Penal Servitude Acts passed by Parliament were based on these principles. Among Hill’s books was

Suggestions for the Repression of Crime (1857). His work was complemented by that of his brother

Frederic Hill (1803–96), whose Crime: Its Amount, Causes, and Remedies (1853), reflected his

experience as inspector of Scottish prisons.

Matthew Davenport Hill, a lawyer from England is also noted to have contributed to the development of

modern probation. Hill had witnessed the sentencing of youthful offenders to one-day terms on the

condition that they be returned to a parent or guardian who would closely supervise them. When he

eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals

who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were

placed in the hands of generous guardians who willingly took charge of them. Hill had police officers pay

periodic visits to these guardians in an effort to track the offender's progress and keep a running

account

2.10. John Augustus

John Augustus (1785-June 21, 1859) was a Boston boot maker who is called the "Father of Probation" in

the United States because of his pioneering efforts to campaign for more lenient sentences for
convicted criminals based on their backgrounds.

Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston

and the owner of a successful boot-making business. It was undoubtedly his membership in the

Washington Total Abstinence Society that led him to the Boston courts. Washingtonians abstained from

alcohol themselves and were convinced that abusers of alcohol could be rehabilitated through

understanding, kindness, and sustained moral suasion, rather than through conviction and jail

sentences.

In 1841, John Augustus attended police court to bail out a "common drunkard," the first probationer.

The offender was ordered to appear in court three weeks later for sentencing. He returned to court a

sober man, accompanied by Augustus. To the astonishment of all in attendance, his appearance and

demeanor had dramatically changed.

Augustus thus began an 18-year career as a volunteer probation officer. Not all of the offenders helped

by Augustus were alcohol abusers, nor were all prospective probationers taken under his wing. Close

attention was paid to evaluating whether or not a candidate would likely prove to be a successful

subject for probation. The offender's character, age, and the people, places, and things apt to influence

him or her were all considered.

Augustus was subsequently credited with founding the investigations process, one of three main

concepts of modern probation, the other two being intake and supervision. Augustus, who kept detailed

notes on his activities, was also the first to apply the term "probation" to his method of treating

offenders.

By 1858, John Augustus had provided bail for 1,946 men and women. Reportedly, only 10 of this number

forfeited their bond, a remarkable accomplishment when measured against any standard. His reformer's

zeal and dogged persistence won him the opposition of certain segments of Boston society as well as

the devotion and aid of many Boston philanthropists and organizations. The first probation statute,

enacted in Massachusetts shortly after this death in 1859, was widely attributed to his efforts.

2.11. Sir Evelyn Ruggles-Brise

Sir Evelyn Ruggles-Brise

prison reformer who was instrumental in the founding and development of England’s Borstal system for

the treatment of young offenders. Appointed prison commissioner in 1895 (a position he held until
1921), he had the duty of applying the recommendations of the Gladstone Committee. The committee

held that offenders between 16 and 21 years of age should not be subjected to the harsh punitive

treatment that was administered to older, less tractable prisoners and should be given education and

industrial training at a penal reformatory under the supervision of a qualified staff.

He travelled to the US in 1897 to study the American reformatory system, visiting Zebulon Brockway's

Elmira Reformatory. On his return, he formed a facility for young offenders at Bedford prison, but the

regime took its name from the prison at Borstal near Rochester in Kent. The experiment became

widespread under the Prevention of Crime Act 1908.

in 1902 began to implement the program of reform. In 1908 Parliament established the system that

permitted magistrates to prescribe “Borstal detention” as a separate sentence for young offenders.

Ruggles-Brise was made a knight commander of the Bath in 1902. He published Prison Reform at Home

and Abroad (1924), which gave his views of the penal systems of various countries.

2.12. SIR WALTER FREDERICK CROFTON

Sir Walter Frederick Crofton (1815–1897) was chair of the Board of Directors of Convict Prisons for

Ireland between 1854 and 1862. He is sometimes cited as Alexander Maconochie's ideological heir.

Under machan's system of prison administration, known as the Irish system, prisoners progressed

through three stages of confinement. During the first stage, the penal stage, prisoners were held in

solitary cells for approximately nine months. The second stage involved communal labor in public works

prisons. For the third stage, officials promoted prisoners in small numbers to "intermediate" prisons

(essentially a halfway house, where they could run errands and attend church in the community) as a

final test of their readiness for Irish tickets of leave. A prisoner who received a ticket was granted

conditional release into the community, in which he would be supervised by law enforcement or civilian

personnel who were required to secure employment and to conduct home visits. These "supervisors"

represented the forerunner to modern parole officers.

2.13. Frédéric-Auguste Demetz (aka Dometz of france)

Frédéric-Auguste Demetz (1796–1873) was a French penal reformer and jurist. He toured the United

States in 1836, together with the architect Guillaume-Abel Blouet, to study progressive American prison

architecture and administration for the French Ministry of the Interior. Upon their return, they

published a detailed and laudatory report. The result was Blouet's appointment as Inspecteur général
des prisons in 1838, and a prison farm for juvenile offenders at Mettray, on the outskirts of Tours,

founded in 1839; it was conceived by both men and directed by Demetz, as a prison without walls, with

the backing of the vicomte de Bretignières de Courteilles. It also provides housefathers as in charge,

once discharged the boys are placed under the supervision of a patron.

2.14. Manuel Montesimos

Governor of Prisons in Valencia Spain in 1835, who divided the population into several companies and

assigned qualified prisoners as petty officers in charge with the convicts monitoring of good behavior

preparing for its gradual release. Academic Classes of one hour a day is given to all inmates under 20

years of age. During his time, he ran the prison with military discipline and reduced 1/3 of sentence if

prisoner participated in programs and was on good behavior. He resigned when a law that allowed to

repealed the latter was passed.

2.15. Zebulon Reed Brockway

Zebulon Reed Brockway (April 28, 1827 – October 21, 1920) was a penologist and is sometimes regarded

as the "Father of prison reform" and "Father of American Parole" in the United States.

He began his career as a prison guard or[citation needed] assistant warden at the state prison in

Wethersfield, Connecticut in 1848.[1] Brockway became a clerk at the Wethersfield prison by 23 years

old. Later he worked as assistant superintendent of the Municipal Alms House in Albany, New York for

four years.[citation needed] He was made the Monroe County, New York Penitentiary superintendent in

1854. There, he focused upon rehabilitation of the prisoners. In 1861, Brockway became the

superintendent of the prison in Detroit, where he attempted to introduce work and release supervision

programs and "indeterminate sentences". Brockway's chief innovation, though, was his attempt to

establish the country's first indeterminate sentencing system. In 1869, Brockway drafted a law, passed

by the Michigan legislature but overturned by the state Supreme Court, that would allow for the

conditional and discretionary release of "common prostitutes."[1]

When he was in Detroit, he got the inspiration for his prison reforms from Moses and Amos Pilsbury,

who also brought about prison reforms. He began his reforms in Detroit. However, he resigned in 1872

when his ideas were no longer accepted.[citation needed]

Before the Elmira Reformatory was built, Brockway was already made the superintendent in 1876.

While warden at the Elmira Reformatory in Upstate New York from 1876 to 1900, Brockway claimed to
introduce a program of education, training in useful trades, physical activity, indeterminate sentences,

inmate classification according to "grades," and an incentive program; his own reports of the

accomplishments of the reformatory were highly influential in prison reform across the nation.[3]

Publicly, Brockway claimed to believe that the aim of the prison was to rehabilitate and not simply just

to punish. Grounding his claims in anecdotal and eugenic "prison science," Brockway publicly advocated

for the reformatory's provision of Christian moral education paired with manual labor as a means of

reforming the individual incarcerated therein. He also used the idea of the indeterminate sentence to

incentivize prison discipline.

In 1895, the State Board of Charities opened an investigation into accusations of brutality at Elmira after

John Gilmore, a man formerly incarcerated at the reformatory, appeared before a judge on a parole

violation and begged to be sent to the state prison rather than returned to Elmira. An investigation by

the State Board of Charities revealed that Brockway himself regularly inflicted violent corporal

punishment on individuals incarcerated there, and utilized forced labor, solitary confinement for

negligible offenses, refusal of medical care, and starvation as methods of governance. Individuals

incarcerated at Elmira also testified that sexual violence was rampant and in some cases facilitated by

guards, that the grading system was used arbitrarily as a method to keep people imprisoned for longer

terms, and that Brockway refused to release some people from prison unless they'd agree to take

employment at Elmira Reformatory upon release.[4] One such individual coerced into employment as a

watchman at Elmira after release was found to have committed suicide during his shift.[5]

In his research on the investigation, Alexander Pisciotta writes, "The final report of the committee,

released on 14 March 1894, was unequivocal; its findings were unanimously endorsed by the ten

members of the New York State Board of Charities: 'That the charges and the allegations against the

general superintendent Z.R. Brockway of 'cruel, brutal, excessive, degrading and unusual punishment of

the inmates' are proven and most amply sustained by the evidence, and that he is guilty of the same.'[6]

Brockway retired at the age of 72 in 1900 after further criticism. Brockway was such a popular man in

Elmira that he was elected mayor five years later at 77.

2.16. CAPTAIN ELAM LYNDS

CAPTAIN ELAM LYNDS

(1784–1855) was a prison warden. He helped create the Auburn system, which consisted of congregate
labor during the day and isolation at night, starting in 1821 and was Warden of Sing Sing from 1825 to

1830

The Auburn State Prison's South Wing was opened in the Spring of 1817, and fifty-three prisoners were

transferred there from nearby counties.[2] Captain Lynds was made the first principal keeper, and four

years afterwards he became Warden of Auburn State Prison.

Lynds devised the main features of what is now known as the Auburn System of imprisonment.[3] When

Lynds took charge of the Auburn in 1821, he felt that discipline there was lax, with guards only

interested in preventing escape.[4] Lynds concluded that chaining prisoners in a dungeon failed to

produce "a good state of discipline" and resorted, exclusively, to beatings.[4] Speaking in 1826 to

commissioners directed by the act of 17 April 1826, to visit the State-Prison at Auburn, Lynds said:

After making, as I thought, a fair experiment of [the dungeon], and finding it fail me altogether, I began

to use the rod ; and when a [prisoner] would laugh at the dungeon, I could make him perfectly obedient

with a few stripes of a cowskin [whip], and a promise that he should have as much more as should be

requisite.[4]

In 1821, ordinary citizens took to rioting at Auburn State Prison in New York to protest against the kind

of treatment inmates were subjected to.[note 1] The warden of Auburn, Elam Lynds was notoriously

brutal and frequently flogged and whipped the prisoners.[5][6][7] Even his own staff objected to his

brutal methods.[2] In the Spring of 1821, keepers refused to flog a prisoner.[8][2][9] The keepers were

fired and a blacksmith named Jonathan Thompson carried out the flogging.[note 2] When he left the

prison, he was tarred and feathered by a crowd. Henry Hall, in The History of Auburn (1861), described

the scene this way:

As [Thompson] passed through the prison gate, he was seized by a furious crowd of laborers, tarred

from head to foot, and borne through the streets astride a rail. The ring-leader of the mob, with a hen

under his arm, walked by the side of the unfortunate Thompson, and plucking handfuls of feathers from

the screaming fowl, stuck them to the blacksmith's tarry coat. This shocking affair was condignly

punished as a riot. On the other hand, the convicts, stimulated by this outside sympathy, learned to be

rebellious, transgressed the rules of the shops at every opportunity, and set fire to the buildings, and

destroyed their work, whenever they dared.

2.17. Nelson Mandela

Portrait photograph of a 76-year-old President Mandela

Rolihlahla Mandela was born into the Madiba clan in the village of Mvezo, in the Eastern Cape, on 18

July 1918. His mother was Nonqaphi Nosekeni and his father was Nkosi Mphakanyiswa Gadla Mandela,

principal counsellor to the Acting King of the Thembu people, Jongintaba Dalindyebo. In 1930, when he

was 12 years old, his father died and the young Rolihlahla became a ward of Jongintaba at the Great

Place in Mqhekezweni1.

Hearing the elders’ stories of his ancestors’ valour during the wars of resistance, he dreamed also of

making his own contribution to the freedom struggle of his people.

In December 1956, Mandela was arrested alongside most of the ANC national executive, and accused of

"high treason" against the state. Held in Johannesburg Prison amid mass protests, they underwent a

preparatory examination before being granted bail. The defence's refutation began in January 1957,

overseen by defence lawyer Vernon Berrangé, and continued until the case was adjourned in

September. In January 1958, Oswald Pirow was appointed to prosecute the case, and in February the

judge ruled that there was "sufficient reason" for the defendants to go on trial in the Transvaal Supreme

Court. The formal Treason Trial began in Pretoria in August 1958, with the defendants successfully

applying to have the three judges—all linked to the governing National Party—replaced. In August, one

charge was dropped, and in October the prosecution withdrew its indictment, submitting a

reformulated version in November which argued that the ANC leadership committed high treason by

advocating violent revolution, a charge the defendants denied.

The Nelson Mandela Rules: Protecting the Rights of Persons Deprived of Liberty

Protecting the rights of prisoners has never been easy. The Universal Declaration of Human Rights of

1948 did not specifically refer to prisoners, although the rights it laid out—including the prohibition of

torture, the right to a fair trial and the presumption of innocence—implicitly covered them. Seven years

later, in 1955, the First United Nations Congress on the Prevention of Crime and the Treatment of

Offenders adopted the Standard Minimum Rules for the Treatment of Prisoners. This was an important

start, and in 2015, the United Nations General Assembly adopted expanded rules, known as the “Nelson

Mandela Rules”, in honour of arguably the most celebrated prisoner of the twentieth century.

The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and

value as human beings, and to prohibit torture and other forms of ill-treatment.
The United Nations Office on Drugs and Crime (UNODC) was the agency leading the revision process.

The United Nations Office of the High Commissioner for Human Rights (OHCHR) ensured that the

revised rules reflected international human rights standards adopted since the 1950s. As a result, the

Mandela Rules provide States with detailed guidelines for protecting the rights of persons deprived of

their liberty, from pre-trial detainees to sentenced prisoners.

The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and

value as human beings, and to prohibit torture and other forms of ill-treatment. They offer detailed

guidance on a wide variety of issues ranging from disciplinary measures to medical services. For

example, they prohibit the reduction of a prisoner’s food or water, as well as the use of instruments of

restraint that are inherently degrading or painful, such as chains or irons.

The Rules restrict the use of solitary confinement as a measure of last resort, to be used only in

exceptional circumstances. Mandela found solitary confinement to be “the most forbidding aspect of

prison life. There was no end and no beginning; there’s only one’s own mind, which can begin to play

tricks”.

At the Robben Island prison in South Africa, Mandela led a movement of civil disobedience that led to

better conditions for inmates. His autobiography, Long Walk to Freedom, describes how the food

improved, short trousers were replaced with long ones, newspapers were permitted and manual labour

was discontinued.

The Nelson Mandela Rules emphasize that the provision of health care for prisoners is a State

responsibility, and that the relationship between health-care professionals and prisoners is governed by

the same ethical and professional standards as those applicable to patients in the community.

Moreover, the Rules oblige prison health-care services to evaluate and care for the physical and mental

health of prisoners, including those with special needs.

The minimum requirements contained in the Nelson Mandela Rules are more relevant today than ever.

The minimum requirements contained in the Nelson Mandela Rules are more relevant today than ever.

Although crime rates are in decline in many parts of the world, prison populations are increasing. It is

estimated that there are well over 10 million prisoners worldwide, excluding people detained by the

police or in other administrative detention where there has been no formal decision to charge or

prosecute. Moreover, the number of persons serving life sentences increased by 84 per cent between
2000 and 2014. Global trends also show no decline in prison violence worldwide, with little guarantee of

a safe and secure environment for many prisoners.

Mindful of these concerns, and guided by the Nelson Mandela Rules, OHCHR works to ensure that the

human rights of persons deprived of liberty are protected. In 2018, for instance, it conducted over 2,000

visits to places of detention. Through inspection visits and assistance programs, we support States in

their efforts to improve prison conditions. Last year, after conducting 121 inspection visits to prisons in

Yemen, we, in coordination with humanitarian agencies, ensured that the wards for women and

juveniles in one prison received a solar power system, food items, blankets and water filters. In the

Occupied Palestinian Territory, regular visits by human rights officers to Palestinian detention and

interrogation facilities since 2011 have contributed to a decrease in cases of ill-treatment.

The United Nations has also utilized prison visits to monitor and improve the conditions of detention in

high-profile individual cases in Colombia and other countries. This has resulted, in some instances, in

increased visits from the prison medical team, timely provision of medication and access to legal

defense.

OHCHR pays special attention to the importance of adequate accommodation under the Mandela Rules.

Through its Prison Reform Support Programme in Cambodia, for instance, we initiated engineering

assistance to build windows in prison cells, install heat extractor ventilation, erect internal fences that

create areas for prisoners to access the outdoors, and improve sanitation and access to potable water.

Regarding the rights to health and education of prisoners, the United Nations has helped equip nearly

90 per cent of provincial referral hospitals in Cambodia with secure rooms that facilitate the

hospitalization of sick prisoners, thus enabling them to receive care without being restrained. OHCHR

has also worked with local authorities to improve the education of persons deprived of their liberty,

including by providing access to books and connecting prisons with vocational training opportunities.

Implementing the Nelson Mandela Rules also involves providing legal assistance and advice to States

and prisoners alike. In Madagascar, advocacy efforts resulted in the ratification of the Optional Protocol

to the Convention against Torture in 2017. This is significant, given that the Protocol mandates United

Nations experts to visit prisons to help improve conditions and prevent ill-treatment.

Defending the absolute prohibition of torture has led us to work with other partners on an initiative

aimed at developing a set of principles and safeguards on “non-coercive investigative interviewing”

methods for police and other law enforcement agencies. It is widely recognized that using torture to

extract information is both immoral and illegal. Less understood—despite the mass of evidence—is that

such methods are also ineffective and indeed counter-productive for the simple reason that people

undergoing torture are liable to say anything to stop the pain and humiliation, thereby frequently giving

interrogators information that is wholly untrue. This can discredit the entire judicial and police processes

in the country concerned, and also lead to the wrong people being convicted. The initiative currently

being discussed is designed to bring as many law enforcement personnel as possible into the process to

increase understanding about the sheer ineffectiveness of coercive interrogation.

2.1. MAMERTINE PRISON

Built under the reign of King Ancus Marcius 640BC. The Mamertine Prison (a.k.a Carcere Mamertino in

Italian) is an ancient prison located in Rome at the foot of Capitoline Hill overlooking the ruins of the

Roman forum. When it was built, this was Rome’s only prison - and not a prison like we understand

them today. It was more like a dungeon where important state prisoners were lowered into, often prior

to their execution. Consisting of two underground cells, it once held a room under the city sewers in the

lower chamber. Historical sources have described it as dank and foreboding and inmates rarely stayed

here for long periods of time. Today, a sign on the exterior of the building proclaims it was the prison

site of Saints Peter and Paul as it is believed the apostles were both incarcerated here prior to their

crucifixion.

The Romans were among the first to use prisons for criminal punishment and their jails were

subterranean cells used for holding political prisoners and criminals for short periods of time, often in

cramped, miserable conditions. The practice of confining prisoners for extended periods of time as a

form of punishment did not actually become widespread until the 15th century AD.

Prisoners were held in Mamertine to await execution or were simply allowed to starve to death out of

sight. Rome's vanquished enemies were imprisoned and often died here. Among the famous figures in

history who spent their last days here include Vercingetorix, leader of the Gauls, who tried to rally the

Gallic tribes into union against Caesar in 52 BC; Simon Bar Jioras, the defender of Jerusalem, who was

defeated by Titus in 70 AD, and supposedly, the Apostles Peter and Paul

2.2. NEW GATE PRISON

In the early 12th century, Henry II instituted legal reforms that gave the Crown more control over the
administration of justice. As part of his Assize of Clarendon of 1166, he required the construction of

prisons, where the accused would stay while royal judges debated their innocence or guilt and

subsequent punishment. In 1188, Newgate was the first institution established to meet that purpose.

A few decades later in 1236, in an effort to significantly enlarge the prison, the king converted one of the

Newgate turrets, which still functioned as a main gate into the city, into an extension of the prison. The

addition included new dungeons and adjacent buildings, which would remain unaltered for roughly two

centuries.

By the 15th century, however, Newgate was in need of repair. Following pressure from reformers who

learned that the women's quarters were too small and did not contain their own latrines – obliging

women to walk through the men's quarters to reach one – officials added a separate tower and

chamber for female prisoners in 1406.[3] Some Londoners bequeathed their estates to repair the prison.

The building was collapsing and decaying, and many prisoners were dying from the close quarters,

overcrowding, rampant disease, and bad sanitary conditions. Indeed, one year, 22 prisoners died from

"gaol fever". The situation in Newgate was so dire that in 1419, city officials temporarily shut down the

prison.

The executors of Lord Mayor Dick Whittington were granted a licence to renovate the prison in 1422.

The gate and gaol were pulled down and rebuilt. There was a new central hall for meals, a new chapel,

and the creation of additional chambers and basement cells with no light or ventilation. There were

three main wards: the Master’s side for those could afford to pay for their own food and

accommodations, the Common side for those who were too poor, and a Press Yard for special prisoners.

The king often used Newgate as a holding place for heretics, traitors, and rebellious subjects brought to

London for trial. The prison housed both male and female felons and debtors. Prisoners were separated

into wards by sex. By the mid-15th century, Newgate could accommodate roughly 300 prisoners.

Though the prisoners lived in separate quarters, they mixed freely with each other and visitors to the

prison.

In 1783, the site of London's gallows was moved from Tyburn to Newgate.[9] Public executions outside

the prison – by this time, London's main prison – continued to draw large crowds. It was also possible to

visit the prison by obtaining a permit from the Lord Mayor of the City of London or a sheriff. The

condemned were kept in narrow, sombre cells separated from Newgate Street by a thick wall and
received only a dim light from the inner courtyard. The gallows were constructed outside a door in

Newgate Street for public viewing. Dense crowds of thousands of spectators could pack the streets to

see these events, and in 1807 dozens died at a public execution when part of the crowd of 40,000

spectators collapsed into a human crush.

From 1868, public executions were discontinued and executions were carried out on gallows inside

Newgate, initially using the same mobile gallows in the Chapel Yard, but later in a shed built near the

same spot. Dead Man's Walk was a long stone-flagged passageway, partly open to the sky and roofed

with iron mesh (thus also known as Birdcage Walk). Executed criminals were buried beneath its

flagstones and their initials engraved into the stone wall above. Online photographs of a passageway of

brick arches within the Old Bailey site purporting to be Dead Man's Walk are not: it was demolished

when Newgate was demolished in 1904.

Until the 20th century, future British executioners were trained at Newgate. One of the last was John

Ellis, who began training in 1901.

In total – publicly or otherwise – 1,169 people were executed at the prison.[10] In November 1835

James Pratt and John Smith were the last two men to be executed for sodomy.[11] Michael Barrett was

the last man to be hanged in public outside Newgate Prison (and the last person to be publicly executed

in Great Britain) on 26 May 1868. George Woolfe was the last man hanged in Newgate's shed, on 6 May

1902.

During the early 19th century, the prison attracted the attention of the social reformer Elizabeth Fry.

She was particularly concerned at the conditions in which female prisoners (and their children) were

held. After she presented evidence to the House of Commons improvements were made. In 1858, the

interior was rebuilt with individual cells.

The prison closed in 1902, and was demolished in 1904

2.3. LE STINCHE

The Stinche complex was built from 1297-1299 onwards by the Florentine Republic, using many stones

from towers and houses owned by the Ghibelline Uberti family, which had been demolished after that

family was driven out of the city following the Battle of Benevento. It was a square building surrounded

by a moat and a very high 18-metre-long wall with no openings - this gave it its nickname of the "Isola

delle Stinche" or "Stinche Island". The building itself had only one door, known as the "Porta della
miseria" after its inscription Oportet misereri (it requires charity), referring to the fact that the prison

was funded by private individuals not the state. The Buononimi di San Martino and a sub-company of

the Compagnia di Santa Maria della Croce al Tempio known as the Buononimi delle Stinche gave charity

to the prisoners. The Compagnia appointed four Buononimi delle Stinche to manage their donations and

bequests so as to provide spiritual aid, money and food to the prisoners, especially the poorer ones who

could not afford to bribe the guards for better treatment. They gained so much authority that they were

granted the right to free debtors on the condition that the Buononimi became their guarantors and

oversaw whether or not the debts were paid.

2.4. BRIDEWELL PRISON

BRIDEWELL PRISON 1556-1855

Bridewell Palace in London was built as a residence of King Henry VIII and was one of his homes early in

his reign for eight years. Given to the City of London Corporation by his son King Edward VI for use as an

orphanage and place of correction for wayward women, Bridewell later became the first

prison/poorhouse to have an appointed doctor. It was built on the banks of the Fleet River in the City of

London between Fleet Street and the River Thames in an area today known as Bridewell Place, off New

Bridge Street. By 1556 part of it had become a jail known as Bridewell Prison. It was reinvented with

lodgings and was closed in 1855 and the buildings demolished in 1863–1864.

Pave ways for convict Transportation under Elizabeth I, Prisoners are sent to “Galleys” to work as slaves

or oarsman to row naval vessels.

The name "Bridewell" subsequently became a common name for a jail, used not only in England but in

other English-speaking cities, including Dublin, Chicago and New York.

Transportation in America was stopped during American revolution during the Halt in 1778. Between

1788 and 1868 more than 162,000 convicts were transported to Australia. Of these, about 7000 arrived

in 1833 alone.

The convicts were transported as punishment for crimes committed in Britain and Ireland. In Australia

their lives were hard as they helped build the young colony. When they had served their sentences,

most stayed on and some became successful settlers.

2.5. WALLNUT STREET JAIL

The Walnut Street Prison was a pioneering effort in prison reform. Originally built as a conventional jail
just before the American Revolution, it was expanded in 1790 and hailed as a model of enlightened

thinking about criminals. The prison, in fact, was known as a "penitentiary" (from the Latin word for

remorse). It was designed to provide a severe environment that left inmates much time for reflection,

but it was also designed to be cleaner and safer than past prisons. The Walnut Street Prison was one of

the forerunners of an entire school of thought on prison construction and reform.

The prison was built on Walnut Street, in Philadelphia, as a city jail in 1773 to alleviate overcrowding in

the existing city jail. Although designed by ROBERT SMITH, Pennsylvania's most prominent architect, the

building was a typical U-shaped building, designed to hold groups of prisoners in large rooms. By and

large the role of prisons was to incarcerate criminals. There was little regard for their physical wellbeing,
nor were there any attempts to rehabilitate them. Prisons were overcrowded and dirty, and

inmates attacked each other regularly. Those who served their sentences came out of prison probably

more inclined toward a criminal life than they were before their incarceration.

It was the Quakers of Philadelphia who came up with the concept for what they called a penitentiary—a

place where prisoners could reflect on their crime and become truly sorry for what they had done. The

Quakers believed that through reflection and repentance, inmates would give up crime and leave prison

rehabilitated. Shortly after the American Revolution, a group of Quakers formed the Philadelphia Society

for Alleviating the Miseries of Public Prisons, whose goal was made clear in its name. (Later the group

became known as the Pennsylvania Prison Society.) In the years after the Revolution this group worked

to encourage prison reform, and its efforts finally paid off in 1790 when the Walnut Street Jail became

the first state penitentiary in the country.

The main addition to the Walnut Street complex was a new cellblock called the "Penitentiary House."

Built in the courtyard of the existing structure, it included a series of small cells designed to hold

individual prisoners. The cells and the corridors connecting them were designed to prevent prisoners

from communicating with each other. Windows were high up (the cells had nine-foot high ceilings) and

grated and louvered to prevent prisoners from looking onto the street. Each cell had a mattress, a water

tap, and a privy pipe. Inmates were confined to their cells for the duration of their confinement. The

only person they saw was the guard and then only briefly once a day. They were sometimes allowed to

read in their cells, but for the most part they sat in solitude. The Quakers saw this solitary confinement

not as a punishment but as a time for reflection and remorse. That was the reason the inmates were not
put to work. Labor, said penitentiary proponents, would preoccupy the inmates and keep them from

reflecting on their crimes.

The Walnut Street Prison became in part the model for what became known as the "Pennsylvania

System" of prison design and philosophy. Other prisons built on the Pennsylvania model included a

prison in Pittsburgh in 1821, the Eastern State Penitentiary (Cherry Hill) in eastern Philadelphia in 1836,

and the Trenton State Prison in New Jersey the same year. The concepts of solitary confinement and

repentance were key components of prison life at these institutions, although some Pennsylvania

System prisons did introduce labor to the inmates. Visitors from overseas who were interested in prison

reform visited Walnut Street, Eastern State, and similar prisons to see how they operated and to gain

knowledge about prison reform strategies.

Meanwhile, in 1821 a prison was opened in the small upstate New York town of Auburn. That prison,

which relied on individual cellblock architecture, required inmates to work 10 hours per day, six days per

week. A number of prison reformers believed that by making the inmates work in an atmosphere free of

corruption or criminal behavior, they would build new sets of values. The work would rehabilitate them

because it would give them a sense of purpose, discipline, and order. This system became known as the

"Auburn System," and it was followed in 1826 with the opening of Sing Sing prison on the banks of the

Hudson River.

Soon it was clear that the Auburn system worked better at rehabilitating prisoners than the

Pennsylvania system, and in the next century the Auburn system became the dominant one. Many

prisons built to operate under the Pennsylvania System switched to the Auburn System. Vestiges of the

Pennsylvania System exist in the philosophy of humane punishment, although no prison in the U.S. as of

2003 would place anyone in near-total isolation except in extreme circumstances.

As for Walnut Street, its success was short-lived despite the good intentions of the Quakers. The

practical matter of housing prisoners became more pressing than the desire among prison officials to

rehabilitate the inmates. Walnut Street became overcrowded and dirty, and there was no sign that

isolated prisoners were being rehabilitated through solitude. By the 1830s the prison had outlived its

usefulness, and

In 1790, Philadelphia's Walnut Street Jail was expanded to alleviate overcrowding. The result was the

first U.S. penitentiary, the Walnut Street Prison, shown in the background of this 1799 engraving by
William Russell Birch.

2.6. SING SING PRISON

Sing Sing Correctional Facility is a maximum-security prison operated by the New York State Department

of Corrections and Community Supervision in the village of Ossining, New York. It is about 30 miles (48

km) north of New York City on the east bank of the Hudson River. Sing Sing holds about 1,700 prisoners

and housed the execution chamber for the State of New York until the abolishment of capital

punishment in New York.

The name "Sing Sing" was derived from the Sintsink Indian tribe from whom the land was purchased in

1685, and was formerly also the name of the village. In 1970, the name of the prison was changed to the

"Ossining Correctional Facility," but it reverted to its original name in 1985. There are plans to convert

the original 1825 cell block into a period museum. Sing Sing was the fifth prison constructed by New

York state authorities. In 1824, the New York Legislature gave Elam Lynds, warden of Auburn Prison and

a former United States Army captain, the task of constructing a new, more modern prison. Lynds spent

months researching possible locations for the prison, considering Staten Island, The Bronx, and Silver

Mine Farm, an area in the town of Mount Pleasant on the banks of the Hudson River

In total, 614 men and women — including four inmates under federal death sentences — were executed

by electric chair at Sing Sing until the abolition of the death penalty in 1972. After a series of escapes

from death row, a new Death House was built in 1920 and began executions in 1922. High profile

executions in Sing Sing's electric chair, nicknamed "Old Sparky", include Julius and Ethel Rosenberg on

June 19, 1953, for espionage for the Soviet Union on nuclear weapon research; and Gerhard Puff on

August 12, 1954, for the murder of an FBI agent.The last person executed in New York state was Eddie

Lee Mays, for murder, on August 15, 1963.

In 1972, the United States Supreme Court ruled in Furman v. Georgia that the death penalty was

unconstitutional if its application was inconsistent and arbitrary. This led to a temporary de facto

nationwide moratorium (executions resumed in other states in 1977), but the electric chair at Sing Sing

still remained. In the early-1970s, the electric chair was moved to Green Haven Correctional Facility in

working condition, but was never used again.

2.7. OLD HULK / FLOATING HELL

Old and abandoned, unsuitable merchant’s ships, war ship no longer serviceable are use as Prisons.
A prison ship, often more accurately described as a prison hulk, is a current or former seagoing vessel

that has been modified to become a place of substantive detention for convicts, prisoners of war or

civilian internees. While many nations have deployed prison ships over time, the practice was most

widespread in seventeenth- and eighteenth-century Britain, as the government sought to address the

issues of overcrowded civilian jails on land and an influx of enemy detainees from the War of Jenkins'

Ear, the Seven Years' War and the French Revolutionary and Napoleonic Wars. The first British use of a

prison ship was the privately owned Tayloe, engaged by the Home Office in 1775 via contract with her

owner, Duncan Campbell. Tayloe was moored in the Thames with the intention that she be the receiving

point for all inmates whose sentences of transportation to the Americas had been delayed by the War of

Independence. Prisoners began arriving from January 1776. For most, their incarceration was brief as

the Home Office had also offered pardons for any transportee who joined the Army or Navy, or chose to

voluntarily leave the British Isles for the duration of their sentence. By December 1776 all prisoners

aboard Tayloe had been pardoned, enlisted or died, and the contract ceased.

Conditions aboard these prison ships were poor, and mortality rates were high. Inmates aboard the first

Justitia slept in groups in tiered bunks with each having an average sleeping space 5 feet 10 inches (1.8

m) long and 18 inches (46 cm) wide. Weekly rations consisted of biscuits and pea soup, accompanied

once a week by half an ox cheek and twice a week by porridge, a lump of bread and cheese. Many

inmates were in ill health when brought from their gaols, but none of the ships had adequate

quarantine facilities, and there was a continued contamination risk caused by the flow of excrement

from the sick bays. In October 1776 a prisoner from Maidstone Gaol brought typhus aboard. It spread

rapidly; over a seven-month period to March 1778, a total of 176 inmates died, or 28 percent of the

prison ship population.

Conditions thereafter improved. In April 1778 the first Justitia was converted into a receiving ship,

where inmates were stripped of their prison clothing, washed and held in quarantine for up to four days

before being transferred to the other vessels. Those found to be ill were otherwise held aboard until

they recovered or died. On the second Justitia the available sleeping space was expanded to allow for

just two inmates per bunk, each having an area 6 feet (1.8 m) long and 2 feet (61 cm) wide in which to

lie. The weekly bread ration was lifted from 5 to 7 pounds, the supply of meat enhanced with the daily

delivery of ox heads from local abattoirs, and there were occasional supplies of green vegetables. The
effects of these improvements were evident in the prisoner mortality rates. In 1783 89 inmates died out

of 486 brought aboard; and by the first three quarters of 1786 only 46 died out of 638 inmates on the

ships

2.8. HOSPICE DE SAN MICHELE

The buildings of the Ospizio di San Michele were built during the 17th and 18th centuries and served a

number of purposes including an orphanage, a hospice for abandoned elderly, and jails for minors and

women. In 1679, a nephew of the new Pope Innocent XI (reigned 1676 -1689), Monsignor Carlo

Tommaso Odescalchi commissioned architect Mattia de Rossi to design, and within five years had built a

hospice to house and train orphan children to manufacture of woven carpets and tapestries. To this

building were added in 1693, the Ospizio dei Poveri Inabilito (disabled poor), and in 1709, Pope Clement

XI commissioned the architect Carlo Fontana to extend the complex even further and transferred the

elderly residents here from the Ospedale dei Mendicanti, located where the Via Giulia reached the

Ponte Sisto. Later additions to the building were the prison for minors and an art school. In 1735, Pope

Clement XII commissioned architect Ferdinando Fuga to design a woman’s prison and a barracks for

customs officers.

2.9. THE GHENT WORKHOUSE (MAISON DE FORCE)

An institution that separates woman and children from hardened criminals, organized in systematic

manner, the execution of imprisonment which was coming to replaced corporal punishment in its penal

legislation. The Ghent workhouse after giving a vigorous new impulse to the evolution of prisons,

declined and saw its end hastened by a disastrous economic and social situation, especially about 1810

during the Napoleonic adventure.

2.10. ELMIRA REFORMATORY

Elmira Reformatory “The Hill” 1876 founded by Zebulon R Brockway, established a link between the

community-based program and the penal institution. Brockway was much influenced by the mark

system, developed in Australia by Alexander Maconochie, whereby credits, or marks, were awarded for

good behaviour, a certain number of marks being required for release. To this system Brockway added a

new regimen of moral, physical, and vocational training. The Elmira system classified and separated

various types of prisoners, gave them individualized treatment emphasizing vocational training and

industrial employment, used indeterminate sentences, rewarded good behaviour, and paroled inmates
under supervision. It is considered as the forerunner of modern penology due to having all the elements

of the modern system. It houses 16-30 years old male prisoners with extensive used of non-institutional

corrections.

2.11. BENEFITS OF THE CLERGY

Before the 12th century, traditional English law courts had been jointly presided over by a bishop and a

local secular magistrate. In 1166, however, Henry II promulgated the Constitutions of Clarendon which

established a new system of courts that rendered decisions wholly by royal authority. The Assizes

touched off a power struggle between the king and Thomas Becket, Archbishop of Canterbury. Becket

asserted that these secular courts had no jurisdiction over clergymen because it was the privilege of

clergy not to be accused or tried for crime except before an ecclesiastical court. After four of Henry's

knights murdered Becket in 1170, public sentiment turned against the king and he was forced to make

amends with the church. As part of the Compromise of Avranches, Henry was purged of any guilt in

Becket's murder but he agreed that the secular courts, with few exceptions (high treason being one of

them, and forest law another), had no jurisdiction over the clergy.

At first, in order to plead the benefit of clergy, one had to appear before the court tonsured and

otherwise wearing ecclesiastical dress. Over time, this proof of clergy-hood was replaced by a literacy

test: defendants demonstrated their clerical status by reading from the Latin Bible. This opened the door

to literate lay defendants also claiming the benefit of clergy. In 1351, under Edward III, this loophole was

formalized in statute, and the benefit of clergy was officially extended to all who could read.

In English law, the benefit of clergy (Law Latin: privilegium clericale) was originally a provision by which

clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead

in an ecclesiastical court under canon law. Various reforms limited the scope of this legal arrangement

to prevent its abuse, including branding of a thumb upon a first use, to limit number of invocations for

some. Eventually the benefit of clergy evolved into a legal fiction in which first-time offenders could

receive lesser sentences for some crimes (the so-called "clergyable" ones). The legal mechanism was

abolished in 1827 with the passage of the Criminal Law Act 1827.

2.12. SACHSENHAUSEN

Sachsenhausen (German pronunciation: [zaksənˈhaʊzən]) or Sachsenhausen-Oranienburg was a German

Nazi concentration camp in Oranienburg, Germany, used from 1936 to the end of the Third Reich in May
1945. It mainly held political prisoners throughout World War II. Prominent prisoners include Joseph

Stalin's oldest son Yakov Dzhugashvili, assassin Herschel Grynszpan, Paul Reynaud the penultimate

Prime Minister of France, Francisco Largo Caballero Prime Minister of the Second Spanish Republic

during the Spanish Civil War, the wife and children of the Crown Prince of Bavaria, Ukrainian nationalist

leader Stepan Bandera, and several enemy soldiers and political dissidents.

Sachsenhausen was a labor camp outfitted with several subcamps, a gas chamber, and a medical

experimentation area. Prisoners were treated harshly, fed sparingly, and killed openly. Those held

captive in Sachsenhausen were the men and women which the Third Reich wanted dead, not just

because of their religion, but because of their political beliefs and their power over those who listened

to them. After World War II, when Oranienburg was in the Soviet Occupation Zone, the structure was

used by the NKVD as NKVD special camp Nr. 7. Today, Sachsenhausen is open to the public as a

memorial for the crimes committed within its walls.

The camp was established in 1936. It was located 35 kilometres (22 mi) north of Berlin, which gave it a

primary position among the German concentration camps: the administrative center of all concentration

camps was located in Oranienburg, and Sachsenhausen became a training centre for Schutzstaffel (SS)

officers (who would often be sent to oversee other camps afterwards). Initially, the camp was used to

perfect the most efficient and effective execution method for use in the death camps. Given this,

executions obviously took place at Sachsenhausen, especially of Soviet prisoners of war. During the

earlier stages of the camp's existence the executions were done by placing the prisoner in a small room,

often even with music playing, called the Genickschussbaracke and told they were to have their height

and weight measured but were instead shot in the back of the neck through a sliding door located

behind the neck. This was found to be far too time-consuming so they then trialed a trench, killing either

by shooting or by hanging. While this more easily enabled group executions, it created too much initial

panic among the prisoners, making them harder to control. Then small-scale trials of what would go on

to become the large scale, infamous, death camp gas chambers were designed and carried out. These

trials were successful and showed them that this method was "the one" as it facilitated the means to kill

the largest number of prisoners, without "excessive" initial panic. So by September 1941, when they

were conducting the first trials of this method at Auschwitz, Sachsenhausen had already been the scene

of "some gassings in conjunction with the development of gas vans".

At least 30,000 inmates died in Sachsenhausen from causes such as exhaustion, disease, malnutrition

and pneumonia, as a result of the poor living conditions. Many were executed or died as the result of

brutal viation. Over the course of its operation, over 100 Dutch resistance fighters

were executed at Sachsenhausen. Dutch Freemasons were also sent to the camp including the Grand

Master of the Grand Orient of the Netherlands, Hermannus Van Torgeren, who died there in March

1940, after being arrested by Klaus Barbie.The Dutch subsequently[when?] sought the extradition from

Czechoslovakia of Antonín Zápotocký, who became President of Czechoslovakia, for his alleged role in

the murder of Dutch prisoners during his time as a kapo at the camp. According to an article published

on 13 December 2001 in The New York Times, "In the early years of the war the SS practiced methods of

mass killing there that were later used in the Nazi death camps. Of the roughly 30,000 wartime victims

at Sachsenhausen, most were Russian prisoners of war".

2.13. AUSCHWITZ

The Auschwitz concentration camp (German: Konzentrationslager Auschwitz) was a complex of over 40

concentration and extermination camps operated by Nazi Germany in occupied Poland during World

War II and the Holocaust. It consisted of Auschwitz I, the main camp (Stammlager) in Oświęcim;

Auschwitz II-Birkenau, a concentration and extermination camp with gas chambers; Auschwitz
IIIMonowitz, a labor camp for the chemical conglomerate IG Farben; and dozens of subcamps. The
camps

became a major site of the Nazis' Final Solution to the Jewish Question.

After Germany sparked World War II by invading Poland in September 1939, the Schutzstaffel (SS)

converted Auschwitz I, an army barracks, into a prisoner-of-war camp for Polish political prisoners. The

first inmates, German criminals brought to the camp in May 1940 as functionaries, established the

camp's reputation for sadism. Prisoners were beaten, tortured, and executed for the most trivial

reasons. The first gassings—of Soviet and Polish prisoners—took place in block 11 of Auschwitz I around

August 1941. Construction of Auschwitz II began the following month, and from 1942 until late 1944

freight trains delivered Jews from all over German-occupied Europe to its gas chambers. Of the 1.3

million people sent to Auschwitz, 1.1 million died. The death toll includes 960,000 Jews (865,000 of

whom were gassed on arrival), 74,000 ethnic Poles, 21,000 Roma, 15,000 Soviet prisoners of war, and

up to 15,000 other Europeans. Those not gassed died of starvation, exhaustion, disease, individual
executions, or beatings. Others were killed during medical experiments.

At least 802 prisoners tried to escape, 144 successfully, and on 7 October 1944 two Sonder kommando

units, consisting of prisoners who staffed the gas chambers, launched an unsuccessful uprising. Only 789

staff (no more than 15 percent) ever stood trial;[6] several were executed, including camp commandant

Rudolf Höss. The Allies' failure to act on early reports of atrocities by bombing the camp or its railways

remains controversial.

As the Soviet Red Army approached Auschwitz in January 1945, toward the end of the war, the SS sent

most of the camp's population west on a death march to camps inside Germany and Austria. Soviet

troops entered the camp on 27 January 1945, a day commemorated since 2005 as International

Holocaust Remembrance Day. In the decades after the war, survivors such as Primo Levi, Viktor Frankl,

and Elie Wiesel wrote memoirs of their experiences, and the camp became a dominant symbol of the

Holocaust. In 1947, Poland founded the Auschwitz-Birkenau State Museum on the site of Auschwitz I

and II, and in 1979 it was named a World Heritage Site by UNESCO.

2.14. TUOL SLENG

The Tuol Sleng Genocide Museum or simply Tuol Sleng lit. "Hill of the Poisonous Trees" or "Strychnine

Hill") is a museum chronicling the Cambodian genocide. Located in Phnom Penh, the site is a former

secondary school which was used as Security Prison 21 (S-21) by the Khmer Rouge regime from 1975

until its fall in 1979. From 1976 to 1979, an estimated 20,000 people were imprisoned at Tuol Sleng and

it was one of between 150 and 196 torture and execution centers established by the Khmer Rouge

Formerly the Tuol Svay Pray High School, named after a royal ancestor of King Norodom Sihanouk, the

five buildings of the complex were converted in March or April 1976 into a prison and interrogation

center. Before other buildings in town were used already as prison S-21. The Khmer Rouge renamed the

complex "Security Prison 21" (S-21) and construction began to adapt the prison to the inmates: the

buildings were enclosed in electrified barbed wire, the classrooms converted into tiny prison and torture

chambers, and all windows were covered with iron bars and barbed wire to prevent escapes and

suicides.

From 1976 to 1979, an estimated 20,000 people were imprisoned at Tuol Sleng (the real number is

unknown). At any one time, the prison held between 1,000–1,500 prisoners. They were repeatedly

tortured and coerced into naming family members and close associates, who were in turn arrested,
tortured and killed. In the early months of S-21's existence, most of the victims were from the previous

Lon Nol regime and included soldiers, government officials, as well as academics, doctors, teachers,

students, factory workers, monks, engineers, etc. Later, the party leadership's paranoia turned on its

own ranks and purges throughout the country saw thousands of party activists and their families

brought to Tuol Sleng and murdered. Those arrested included some of the highest ranking politicians

such as Khoy Thoun, Vorn Vet and Hu Nim. Although the official reason for their arrest was "espionage",

these men may have been viewed by Khmer Rouge leader Pol Pot as potential leaders of a coup against

him. Prisoners' families were sometimes brought en masse to be interrogated and later executed at the

Choeung Ek extermination center.

2.15. PHILIPPINE PRISONS

During the pre-colonial times, the informal prison system was community-based, as there were no

national penitentiaries to speak of. Natives who defied or violated the local laws were meted

appropriate penalties by the local chieftains. Incarceration in the community was only meant to prevent

the culprit from further harming the local residents.

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
cellhouses 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.
Onehalf 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 some time 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.

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.

AFTER WORLD WAR II

After World War II, there was a surplus of steel matting in the inventory and it was used to improve the
security fences of the prison. A death chamber was constructed in 1941 at the rear area of the camp

when the mode of execution was through electrocution. In the late ‘60s, fences were further reinforced

with concrete slabs. The original institution became the maximum-security compound in the 70s and

continues to be so up to present, housing not only death convicts and inmates sentenced to life terms,

but also those with numerous pending cases, multiple convictions and sentences of more than 20 years.

In the 1980s, the height of the concrete wall was increased and another facility was constructed, 2.5

kilometers from the main building. This became known as Camp Sampaguita or the Medium Security

Camp, which was used as a military stockade during the martial law years and the Minimum-Security

Camp, whose first site was christened “Bukang Liwayway”. Later on, this was transferred to another site

within the reservation where the former depot was situated.

Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in

Occidental Mindoro was established. The Leyte Regional Prison followed suit under Proclamation No.

1101 issued on January 16, 1973.

Non-Operational Prisons

FORT BONIFACIO PRISON: A committee report submitted to then President Carlos P. Garcia described

Fort Bonifacio, formerly known as Fort William McKinley, as a military reservation located in Makati,

which was established after the Americans came to the Philippines. The prison was originally used as

a detention center for offenders of US military laws and ordinances.

After the liberation of the Philippines, the reservation was transferred to the Philippine government,

which instructed the Bureau of Prisons to use the facility for the confinement of maximum-security

prisoners. For several years, incorrigibles were mixed with political prisoners (those convicted of

rebellion) at the Fort Bonifacio facility until June 30, 1968, when it was converted into a prison

exclusively for political offenders. After a bloody April 1969 riot at the Muntinlupa facility, however,

incorrigible prisoners from Muntinlupa were transferred to Fort Bonifacio.

During the administration of President Diosdado Macapagal, the Fort was renamed Fort Andres

Bonifacio. The correctional facility was also renamed Fort Bonifacio Prison. The one-story building

now stands on a one-hectare area.

The Fort Bonifacio Prison continued to be a satellite prison of the national penitentiary even after

martial law was lifted. It was only in the late 1980’s that the facility was vacated by the Bureau of
Prisons.

CORREGIDOR PRISON STOCKADE: In 1908 during the American regime, some 100 prisoners were

transferred from the OldBilibid Prison to Corregidor Island to work under military authorities. This move

was in accordance with an order from the Department of Instructions, which approved the transfer of

inmates so they could assist in maintenance and other operations in the stockade.

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.

Bontoc prison could be reached only through narrow, poorly developed mountain roads. Due to the

enormous expenses incurred in transporting personnel, equipment and supplies to the prison, the

facility.

3. PUNSHMENT

3.1. KINDS OF PUNISHMENT

1. CORPORAL PUNISHMENT- is a form of physical punishment that involves infliction of pain as

purpose of discipline and reforming the wrong doer.

2. CAPITAL PUNISHMENT- a form of punishment that is most serious of all penalties which involves
the loss of life and infliction of death.

3. PENALTY- defined as the suffering inflicted by the state against an offending member of the society
for the transgression of the Law.
- in criminal law, a money fine or forfeiture of property ordered by the judge after conviction for a crime.

3. PUNSHMENT

3.2. JURIDICAL CONDITION OF PENALTY

A. JUDICIAL AND LEGAL- penalty must be imposed by proper authority and by virtue of judgment as
prescribed by law.

B. DEFINITE-penalty must be specific and exact.

C. COMENSURATE- penalty must be proportional to the gravity or seriousness of the crime

committed.

D. PERSONAL-penalty must be imposed only to the person who actually committed the crime with no
substitute.

E. EQUAL- penalty must be uniform and apply to all.

3.3. THEORIES IN JUSTIFICATION OF PENALTY

1. PREVENTION- the state punishes the criminal to prevent or suppress the danger to the state and to
the public arising from the criminal acts of the offender.

2. SELF-DEFENSE- the state punishes the culprit as a measure of self-defense to protect the society
from the threat and wrong thing done by the offender.

3. REFORMATION- the state punishes the offender to help him reform and be rehabilitated.
4. EXEMPLARITY- the state punishes the offender to serve as an example to others and to deter them
from committing an offense/ crime.

5. JUSTICE- the state punishes the offender as an act of retributive justice, a vindication of absolute
right and moral law violated by the offender.

4. CONTEMPORARY FORM OF PUNISHMENT

Contemporary forms of punishments:

• imprisonment - ( institution)

• Parole - the condition release of a person from jail prison to the full of his sentence on his own
recognizance

• probation- is the privilege granted by the court to a person after conviction and sentence to stay in the
community instead of actually going to prison.

Justification of Punishments:

• Retribution - Punishment of the offender was carried out in the person vengeance.

Vengeance (paghihiganti)punishment inflicted or retribution exacted for an injury or wrong.

• Expiation or atonement- punishment in the form of group vengeance.

• Deterrence or exemplarity - punishment that gives lesson to the offender

• Protected - by placing the offender in prison in order that society protected from further criminal
degradation of criminals.

• Reformation- the act of restoring to a good conditioner established in good repute or accepted,
responsibility, restore to a formal rank, right or privileges.

5. PENALTIES IMPOSSABLE IN THE PHILIPPINES

5.1. PRINCIPAL PENALTIES

PRINCIPAL PENALTIES

DEATH PENALTY-
During Spanish colonial rule, the most common methods of execution were death by firing squad
(especially for treason/military crimes, usually reserved for independence fighters) and garrotte.

A notable case of execution through garrote by the repressive Spanish government in the Philippines is
the execution of three Filipino Catholic martyr priests, Mariano Gomez, José Burgos, and Jacinto
Zamora, also known as Gomburza.

Death by hanging was another popular method.

Another prominent example is the national hero, José Rizal, who was executed by firing squad on the
morning of December 30, 1896, in the park that now bears his name.

In 1902, the Philippine Commission abolished the use of garrote as a means of executing criminals, and
substituted in place thereof execution by hanging.

In 1926, the electric chair (Spanish: silla eléctrica; Filipino: silya eléktrika) was introduced by the United
States' colonial Insular Government,[19] making the Philippines the only other country to employ this
method. The last colonial-era execution took place under Governor-General Theodore Roosevelt, Jr. in
February 1932. There were no executions under Manuel L. Quezon, the first President of the
Commonwealth.

1946–1986

The capital crimes after regaining full sovereignty in July 1946 were murder, rape and treason. However,
no executions took place until April 1950, when Julio Gullien was executed for attempting to assassinate
President Manuel Roxas. Other notable cases include Marciál "Baby" Ama, electrocuted at the age of 16
on October 4, 1961, for murders committed while in prison for lesser charges.

Former Governor of Negros Occidental, Rafael Lacson, and 22 of his allies, were condemned to die in
August 1954 for the murder of a political opponent. Ultimately, Lacson was never executed.

In total, 51 people were electrocuted up to 1961. Execution numbers climbed under President
Ferdinand Marcos, who himself was sentenced to death in 1939 for the murder of Julio Nalundasan—
the political rival of his father, Mariano; the young Ferdinand was acquitted on appeal. A notorious triple
execution took place in May 1972, when Jaime José, Basilio Pineda, and Edgardo Aquino were
electrocuted for the 1967 abduction and gang-rape of young actress Maggie dela Riva. The state
ordered that the executions be broadcast on national television.

Under the Marcos regime, drug trafficking also became punishable by death by firing squad, such as the
case with Lim Seng, whose execution on January 15, 1973, was also ordered broadcast on national
television. Future President and then-Chief of the Philippine Constabulary General Fidel V. Ramos was
present at the execution.

The electric chair was used until 1976, when execution by firing squad eventually replaced it as the sole
method of execution. Under Marcos' 20-year authoritarian rule, however, countless more people were
summarily executed, tortured or simply disappeared for opposition to his rule.[neutrality is disputed]

After Marcos was deposed in 1986, the newly drafted 1987 Constitution prohibited the death penalty
but allowed the Congress to reinstate it "hereafter" for "heinous crimes"; making the Philippines the
first Asian country to abolish capital punishment.

When the Philippines had the death penalty, male inmates condemned to death were held at New
Bilibid Prison and female inmates condemned to death were held at Correctional Institution for Women
(Mandaluyong). The death chamber for inmates to be electrocuted was in Building 14, within the
Maximum Security Compound of New Bilibid. The Bureau of Corrections (BuCor) Museum previously
served as the lethal injection chamber.

Reinstatement and moratorium

New Bilibid Prison held male death row inmates

President Fidel V. Ramos promised during his campaign that he would support the re-introduction of the
death penalty in response to increasing crime rates. The new law (Republic Act 7659), drafted by Ramos,
was passed in 1993, restoring capital punishment. This law provided the use of the electric chair until
the gas chamber (chosen by the government to replace electrocution) could be used. In 1996, Republic
Act 8177 was passed, prescribing the use of lethal injection as the method of carrying out capital
punishment.
Executions resumed in 1999, starting with Leo Echegaray, who was put to death by lethal injection
under Ramos' successor, Joseph Estrada, marking the first execution after the reinstatement of the
death penalty. The next execution saw an embarrassing mishap when President Estrada decided to
grant a last-minute reprieve, but failed to get through to the prison authorities in time to stop the
execution. Following on a personal appeal by his spiritual advisor, Bishop Teodoro Bacani, Estrada called
for a moratorium in 2000 to honor the bimillenial anniversary of Christ's birth. Executions were resumed
a year later.

Estrada's successor, Gloria Macapagal Arroyo, was a vocal opponent of the death penalty and also
approved a moratorium on the carrying out of capital punishment. This prohibition was later formalized
into a full law when the Congress passed Republic Act 9346 in 2006. The next year, the Philippines
became a party to the Second Optional Protocol to the International Covenant on Civil and Political
Rights regarding the abolition of the death penalty. President Arroyo controversially pardoned many
prisoners during her presidency, including a 2009 pardon for all remaining felons convicted for the 1983
assassination of former Senator and opposition leader Benigno Aquino, Jr.

An old embarkation card (erroneously) warning visitors of the death penalty for drug trafficking. The
caveat has since been removed from subsequent versions.

On April 15, 2006, the sentences of 1,230 death row inmates were commuted to life imprisonment, in
what Amnesty International believes to be the "largest ever commutation of death sentences".

Capital punishment was again suspended via Republic Act No. 9346, which was signed by President
Arroyo on June 24, 2006. The bill followed a vote held in Congress on June 7 which overwhelmingly
supported the abolition of the practice. The penalties of life imprisonment and reclusion perpetua
(detention of indefinite length, usually for at least 30 years) replaced the death penalty.

CHEMICAL USE IN DEATH PENALTY (LETHAL INJECTION)

1. Sodium thiopental or pentobarbital- first to inject to put or induce deep sleep.

2. Pancuronium bromide- second, to poison the blood.

3. Potassium chloride-third, shock the heart and kill’s the person

5.2. AFFLICTIVE PENALTIES

AFFLICTIVE PENALTIES:

Reclusion perpetua, - life imprisonment, 20-40 years imprisonment

Reclusion temporal- 12 years and 1 day to 20 years imprisonment

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor- 6 years and 1 day to 12 years

5.3. CORRECTIONAL PENALTIES:

CORRECTIONAL PENALTIES:

Prision correccional- 6 months and 1 day to 6 years

Arresto mayor-1 month and 1 day to 6 months

Suspension-
Destierro- means banishment or only a prohibition from residing within the radius of 25 kilometers from
the actual residence of the accused for a specified length of time. It is not imprisonment.

LIGHT PENALTIES:

Arresto menor- 1 day to 30 days

Public censure- is a penalty, and being such, is not proper in acquittal. But a competent court, while
acquitting an accused may, with unquestionable propriety express its disapproval or reprehension of
those acts to avoid the impression that by acquitting the accused it approves or admires his conduct.

5.4. PENALTIES COMMON TO THE THREE PRECEDING CLASSES

PENALTIES COMMON TO THE THREE PRECEDING CLASSES:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction -is a legal restraint upon a person incapable of managing his estate, because of mental
incapacity, from signing any deed or doing any act to his own prejudice, without the consent of his
curator or interdictor. is the legal restraint that is place upon a person, who is deemed incapable of
managing his or her own property.

Indemnification- The obligation to make restoration or reparation for damages and indemnification for
consequential damages devolves upon the heirs of the person liable. The action to demand restoration,
reparation, and indemnification likewise descends to the heirs of the person injured

Forfeiture or confiscation of instruments and proceeds of the offense,

Payment of costs.

5.5. RPC ARTICLE RELATED TO CA1

Article 156. Delivery of prisoners from jails. - The penalty of arresto mayor in its maximum period of
prision correccional in its minimum period shall be imposed upon any person who shall remove from
any jail or penal establishment any person confined therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall
be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their minimum period.

Chapter Six

EVASION OF SERVICE OF SENTENCE

Article 157. Evasion of service of sentence. - The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking
doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or
intimidation, or through connivance with other convicts or employees of the penal institution, the
penalty shall be prision correccional in its maximum period.

Article 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or
other calamities. - A convict who shall evade the service of his sentence, by leaving the penal institution
where he shall have been confined, on the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall
suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which
in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight
hours following the issuance of a proclamation by the Chief Executive announcing the passing away of
such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up
to the authorities within the above mentioned period of 48 hours, shall be entitled to the deduction
provided in Article 98.

Article 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.

Chapter Seven

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE

Article 160. Commission of another crime during service of penalty imposed for another offense;
Penalty. - Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve such sentence, or while serving the
same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the
age of seventy years if he shall have already served out his original sentence, or when he shall complete
it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be
worthy of such clemency.
3. AUTHORIZED AGENCY THAT MAY COMMIT A PERSON IN JAIL

3.1. SUPREME COURT

Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1
of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally
demandable and enforceable (Art. VIII Sec. 1 (2)).

Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a chief Justice
and 14 associate justices who serve until the age of 70. The court may sit en banc or in one of its three
divisions composed of five members each. The chief justice and associate justices are appointed by the
President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The
president must fill up a vacancy within 90 days of occurrence.

Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc,
and Section 4 (3) for cases that may be heard by divisions.

The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts and
their personnel from the Department of Justice to the Supreme Court. This was affirmed by Article VIII,
Section 6 of the 1987 Constitution. To effectively discharge this constitutional mandate, the Office of
the Court Administrator (OCA) was created under Presidential Decree No. 828, as amended by
Presidential Decree No. 842 (and its functions further strengthened by a resolution of the Supreme
Court en banc dated October 24, 1996). Its principal function is the supervision and administration of
the lower courts throughout the Philippines and all their personnel. It reports and recommends to the
Supreme Court all actions that affect the lower court management. The OCA is headed by the court
administrator, three deputy court administrators, and three assistant court administrators.

According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following
powers:

Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of the lower courts in:

All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto;

All cases in which the jurisdiction of any lower court is in issue;

All criminal cases in which the penalty imposed is reclusion perpetua or higher;

All cases in which only an error or question of law is involved;

Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignments shall not exceed six months without the consent of the judge concerned.

Order a change of venue or place of trial to avoid a miscarriage of justice.

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts; the admission to the practice of law, the Integrated Bar; and legal assistance
to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or
modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5 , id.).

The Supreme Court has adopted and promulgated the Rules of Court for the protection and
enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the
admission in the practice of law. Amendments are promulgated through the Committee on Revision of
Rules. The Court also issues administrative rules and regulations in the form of court issuances posted
on the Supreme Court E-Library website.

3.2. COURT OF APPEALS

Court of Appeals

The Court of Appeals is the second highest tribunal in the country, which was established on February 1,
1936 by virtue of Commonwealth Act No. 3. The current form of the Court of Appeals was constituted
through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986, Republic Act No.
7902, and Republic Act No. 8246.

The jurisdiction of the Court of Appeals are as follows:

Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and

Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial
Courts and quasi-judicial agencies, instrumentalities, boards or commission.

The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and
perform acts necessary to resolve factual issues raised in cases falling within its original and appellate
jurisdiction, including the power to grant and conduct new trials or proceedings.

The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in case of similar appointment dates) of
their respective appointments. The qualifications for the justices of the Supreme Court also apply to
members of the Court of Appeals.

RULE 124 - PROCEDURE IN THE COURT OF APPEALS

Section 1. Title of the case. – In all criminal cases appealed to the Court of Appeals, the party
appealing the case shall be called the "appellant" and the adverse party the "appellee," but the
title of the case shall remain as it was in the court of origin.

Sec. 2. Appointment of counsel de officio for the accused. – If it appears from the record of the
case as transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on
appeal, or (c) has signed the notice of appeal himself, ask the clerk of court of the Court of Appeals shall
designate a counsel de officio.

An appellant who is not confined in prison may, upon request, be assigned a counsel de officio within
ten (10) days from receipt of the notice to file brief and he establishes his right thereto.

Sec. 3. When brief for appellant to be filed. – Within thirty (30) days from receipt by the appellant
or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral
and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief
with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof
upon the appellee.

Sec. 4. When brief for appellee to be filed; reply brief of the appellant. – Within thirty (30) days
from receipt of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the
appellee with the clerk of court which shall be accompanied by proof of service of two (2) copies
thereof upon the appellant.

Within twenty (20) days from receipt of the brief of the appellee, the appellant may file a reply brief
traversing matters raised in the former but not covered in the brief of the appellant.

Sec. 5. Extension of time for filing briefs. – Extension of time for the filing of briefs will not be
allowed except for good and sufficient cause and only if the motion for extension is filed before
the expiration of the time sought to be extended.

Sec. 6. Form of briefs. – Briefs shall either be printed, encoded or typewritten in double space on
legal size good quality unglazed paper, 330 mm. in length by 216 mm. in width.

Sec. 7. Contents of brief. – The briefs in criminal cases shall have the same contents as provided in
sections 13 and 14 of Rule 44. A certified true copy of the decision or final order appealed from shall be
appended to the brief of the appellant.

Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. – The Court of Appeals
may, upon motion of the appellee or motu proprio and with notice to the appellant in either case,
dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except
where the appellant is represented by a counsel de officio.

The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the
appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign
country during the pendency of the appeal.

1. WHEN CAN THE COURT OF APPEALS DISMISS AN APPEAL?

2. 1. The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to
the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time

prescribed by this Rule, except where the appellant is represented by a counsel de officio.

2. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the
appeal if the appellant escapes from prison or confinement

3. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the
appeal if the appellant jumps bail

4. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the
appeal if the appellant flees to a foreign country during the pendency of the appeal

5. The Court of Appeals may also, motu propio dismiss the appeal if the appellant fails to prosecute

6. The Court of Appeals may also, motu propio dismiss the appeal if the appellant abandons his appeal

Sec. 9. Prompt disposition of appeals. – Appeals of accused who are under detention shall be given
precedence in their disposition over other appeals. The Court of Appeals shall hear and decide the

appeal at the earliest practicable time with due regard to the rights of the parties. The accused need not
be present in court during the hearing of the appeal.

Sec. 10. Judgment not to be reversed or modified except for substantial error. – No judgment
shall be reversed or modified unless the Court of Appeals, after an examination of the record and

of the evidence adduced by the parties, is of the opinion that terror was committed which injuriously
affected the substantial rights of the appellant.

3. WHEN CAN JUDGMENT BE REVERSED OR MODIFIED?

4. ^ It can only be reversed or modified when there has been substantial errors

Sec. 11. Scope of judgment. – The Court of Appeals may reverse, affirm or modify the judgment
and increase or reduce the penalty imposed by the trial court, remand the case to the Regional
Trial Court for new trial or retrial, or dismiss the case.
5. WHAT IS THE SCOPE OF JUDGMENT OF THE COURT OF APPEALS?

6. 1. Reverse, affirm, or modify the judgment

2. Increase or reduce the penalty imposed by the trial court

3. Remand the case to the RTC for new trial or retrial

4. Dismiss the case

7. WHY CANNOT THE CA REVISE THE JUDGMENT OF THE LOWER COURT?

8. ^ The power to revise is not given because it is changing the manner of the penning of the
judgment of the trial judge

^ It is violative of the rule that the judge must write the decision personally

9. MUST ALL BE ALLEGED IN THE APPEAL IN ORDER TO REVIEW THE CASE IN ITS ENTIRETY?

10. ^ No.

^ An appeal in criminal proceedings throws the whole case open for review. It is the duty of the
appellate court to correct such errors as might be found in the appealed judgment, whether they
are assigned or not.

Sec. 12. Power to receive evidence. – The Court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues

raised in cases (a) falling within its original jurisdiction, (b) involving claims for damages arising from
provisional remedies, or (c) where the court grants a new trial based only on the ground of

newly-discovered evidence.

11. CAN THE COURT OF APPEALS ACCEPT EVIDENCE DURING AN APPEAL?

12. ^ Generally, an appellate court doesn’t accept new evidence during an appeal. Its decision is
based on the records and other documents forwarded to it by the lower courts

^ It can accept evidence though in the resolution of contentious factual issues, which are raised
in cases:

1. Falling within its original jurisdiction

2. Involving claim for damages arising from provisional remedies

3. Where the court grants a new trial based on the ground of newly-discovered evidence

Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court. – Three (3)
Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous

vote of the three (3) Justices of a division shall be necessary for the pronouncement of a
judgment or final resolution, which shall be reached in consultation before the writing of the
opinion by a member of the division. In the event that the three (3) Justices can not reach a unanimous
vote, the Presiding Justice shall direct the raffle committee of the Court to designate two (2)
additional Justices to sit temporarily with them, forming a special division of five (5) members and the
concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or

final resolution. The designation of such additional Justices shall be made strictly by raffle and rotation
among all other Justices of the Court of Appeals.

Whenever the Court of Appeals find that the penalty of death, reclusion perpetua, or life
imprisonment should be imposed in a case, the court, after discussion of the evidence and the
law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life
imprisonment as the circumstance warrant. However, it shall refrain from entering the judgment and

forthwith certify the case and elevate the entire record thereof to the Supreme Court for review.

13. HOW DOES THE CA DECIDE THE CASE?

14. ^ Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a
division.

^ The unanimous vote of the three (3) Justices of a division shall be necessary for the
pronouncement of a judgment or final resolution, which shall be reached in consultation
before the writing of the opinion by a member of the division.
^ In the event that the three (3) Justices can not reach a unanimous vote, the Presiding Justice shall
direct the raffle committee of the Court to designate two (2) additional Justices to sit temporarily

with them, forming a special division of five (5) members and the concurrence of a majority of such
division shall be necessary for the pronouncement of a judgment or final resolution. The
designation of such additional Justices shall be made strictly by raffle and rotation among all
other Justices of the Court of Appeals.

^ NB: There is tyranny of the minority. In case one of the three justices in a division disagrees,
he wins even if it is 2 against 1. A.M. No. 00-5-03-SC

RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL PROCEDURE TO GOVERN DEATH

PENALTY CASES RESOLUTION

Acting on the recommendation of the Committee on Revision of the Rules of Court submitting for this
Court's consideration and approval the Proposed Amendments to the Revised Rules of Criminal
Procedure To Govern Death Penalty Cases, the Court Resolved to APPROVE the same.

The amendments shall take effect on October 15, 2004 following its publication in a newspaper of
general circulation not later than September 30, 2004.

September 28, 2004.

Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio,

Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., and Tinga, JJ., concur. Azcuna and Chico-
Nazario, JJ., on leave.

15. AMENDED RULES TO GOVERN REVIEW OF DEATH PENALTY CASES

16.

Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of the Revised Rules of Criminal
Procedure, are amended as follows:

Rule 122
Sec. 3. How appeal taken.—(a) The appeal to the Regional Trial Court, or to the Court of Appeals in
cases decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be by

notice of appeal filed with the court which rendered the judgment or final order appealed from and by
serving a copy thereof upon the adverse party.

(b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the
exercise of its appellate jurisdiction shall be by petition for review under Rule 42.

(c) The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua,
life imprisonment or where a lesser penalty is imposed for offenses committed on the same

occasion or which arose out of the same occurrence that gave rise to the more, serious offense for
which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by

notice of appeal to the Court of Appeals in accordance with paragraph (a) of this Rule.

(d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death
penalty. The Court of Appeals shall automatically review the judgment as provided in Section 10 of
this

Rule. (3a)

Sec. 10. Transmission of records in case of death penalty. — In all cases where the death penalty is
imposed by the trial court, the records shall be forwarded to the Court of Appeals for automatic

review and judgment within twenty days but not earlier than fifteen days from the promulgation
of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript

shall also be forwarded within ten days after the filing thereof by the stenographic reporter. (10a)

Rule 124

Sec. 12. Power to receive evidence.—The Court of Appeals shall have the power to try cases and
conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised
in
cases falling within its original and appellate jurisdiction, including the power to grant and conduct new
trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and

must be completed within three months, unless extended by the Chief Justice. 12(a)

Sec. 13. Certification or appeal of case to the Supreme Court.—(a) Whenever the Court of Appeals
finds that the penalty of death should be imposed, the court shall render judgment but refrain

from making an entry of judgment and forthwith certify the case and elevate its entire record to
the Supreme Court for review.

(b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion
or which arose out of the same occurrence that gave rise to the more severe offense for which the

penalty of death is imposed, and the accused appeals, the appeal shall be included in the case
certified for review to, the Supreme Court.

(c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser
penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed
to the Supreme Court by notice of appeal filed with the Court of Appeals.

17. WHAT IS THE PROCEDURE WHEN THE CA FINDS THAT THE PENALTY TO BE IMPOSED IS DEATH,
RECLUSION PERPETUA, OR LIFE IMPRISONMENT?

18. ^ Whenever the Court of Appeals finds that the penalty of death should be imposed, the
court shall render judgment but refrain from making an entry of judgment and forthwith certify the
case and elevate its entire record to the Supreme Court for review.

^ Where the judgment also imposes a lesser penalty for offenses committed on the same
occasion or which arose out of the same occurrence that gave rise to the more severe offense for which
the penalty of death is imposed, and the accused appeals, the appeal shall be included in the case
certified for review to, the Supreme Court.

^ In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser
penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed

to the Supreme Court by notice of appeal filed with the Court of Appeals.
19. WHAT IF THE DECISION APPEALED TO THE CA IS PURELY QUESTIONS OF LAW?

20. ^ The CA may certify it to the SC directly

Sec. 14. Motion for new trial. – At any time after the appeal from the lower court has been perfected
and before the judgment of the Court of Appeals convicting the appellant becomes final, the latter

may move for a new trial on the ground of newly-discovered evidence material to his defense.
The motion shall conform with the provisions of section 4, Rule 121.

21. CAN THE CA CONDUCT A NEW TRIAL?

22. ^ Yes, the ground for new trial is based on newly-discovered evidence and the motion shall
conform with the provisions of Section 4, Rule 121

23. WHAT IS NEWLY-DISCOVERED EVIDENCE?

24. ^ This is material evidence that can change the outcome of the judgment when admitted

25. WHEN SHOULD THE NEWLY-DISCOVERED EVIDENCE BE DISCOVERED?

26. ^ The evidence must be discovered after the perfection of appeal, but before the CA
renders its judgment, because after the perfection of the appeal, the trial court loses its jurisdiction.
On the other hand, prior perfection of an appeal, the party discovering the new evidence may
file a motion for new trial with the trial court anyway.

INSTEAD OF FILING A MOTION FOR NEW TRIAL, CAN A PARTY FILE A MOTION FOR RECONSIDERATION
INSTEAD?

^ No since a motion for reconsideration only covers errors of facts or laws and not newly-
discovered evidence, which pertains exclusively as a ground for new trial
27. WHY IS THE PERIOD FOR FILING A MOTION FOR NEW TRIAL FROM A DECISION OF THE RTC
DIFFERENT FROM THAT OF THE CA?

28. ^ For the reason that at some point in time, the case must end.

Sec. 15. Where new trial conducted. – When a new trial is granted, the Court of Appeals may conduct
the hearing and receive evidence as provided in section 12 of this Rule or refer the trial to the court of
origin.

Sec. 16. Reconsideration. – A motion for reconsideration shall be filed within fifteen (15) days
from notice of the decision or final order of the Court of Appeals with copies thereof served upon the
adverse party, setting forth the grounds in support thereof. The mittimus shall be stayed during
the pendency of the motion for reconsideration. No party shall be allowed a second motion for

reconsideration of a judgment or final order.

29. WHEN SHOULD A MOTION FOR RECONSIDERATION BE FILED?

30. ^ A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or
final order of the Court of Appeals with copies thereof served upon the adverse party, setting forth
the grounds in support thereof.

^ The mittimus shall be stayed during the pendency of the motion for reconsideration.

^ No party shall be allowed a second motion for reconsideration of a judgment or final order.

WHAT IS THE MEANING OF MITTIMUS?

31. ^ It is the process issued by the court after conviction to carry out the final judgment such as
commanding a prison warden to hold the accused in accordance with the terms of the judgment
32. ec. 17. Judgment transmitted and filed in trial court. – When the entry of judgment of the Court of
Appeals is issued, a certified true copy of the judgment shall be attached to the original record which

shall be remanded to the clerk of the court from which the appeal was taken.

33. WHAT SHOULD BE DONE AFTER THE JUDGMENT OF THE CA HAS BECOME FINAL?

34. ^ When the judgment of the CA becomes final, a certified true copy of the judgment shall be
attached to the original record which shall be remanded to the clerk of the court from which the
appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminal cases. – The provisions of Rules
42, 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the Supreme Court in
original and appealed civil cases shall be applied to criminal cases insofar as they are applicable and
not inconsistent with the provision of this Rule.

3.3. COURT OF TAX APPEALS

Court of Tax Appeals

The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by virtue
of Republic Act No. 1125, which was signed into law on June 16, 1954. Its present-day form was
constituted through RA 1125, as amended by Republic Act No. 9282 and Republic Act No. 9503.

The CTA exercises jurisdiction in the following:

Exclusive appellate jurisdiction to review by appeal, as herein provided:

Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of
internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising
under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue;

Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of
internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising
under the National Internal Revenue Code or other laws administered by the Bureau of Internal
Revenue, where the National Internal Revenue Code provides a specific period of action, in which case
the inaction shall be deemed a denial;
Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or
resolved by them in the exercise of their original or appellate jurisdiction;

Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other
money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in
relation thereto, or other matters arising under the Customs Law or other laws administered by the
Bureau of Customs;

Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over
cases involving the assessment and taxation of real property originally decided by the provincial or city
board of assessment appeals;

Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from
decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of
the Tariff and Customs Code;

Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or
article, and the Secretary of Agriculture in the case of agricultural product, commodity or article,
involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and
Customs Code, and safeguard measures under Republic Act No. 8800, where either party may appeal
the decision to impose or not to impose said duties.

Jurisdiction over cases involving criminal offenses as herein provided:

Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal
Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal
Revenue or the Bureau of Customs: Provided, however, that offenses or felonies mentioned in this
paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is
less than P1 million or where there is no specified amount claimed shall be tried by the regular courts
and the jurisdiction of the CTA shall be appellate.

Exclusive appellate jurisdiction in criminal offenses:

Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases
originally decided by them, in their respective territorial jurisdiction.

Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the
exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction.

Jurisdiction over tax collection cases as herein provided:

Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes,
fees, charges and penalties: Provided, however, that collection cases where the principal amount of
taxes and fees, exclusive of charges and penalties, claimed is less than P1 million shall be tried by the
proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court.

Exclusive appellate jurisdiction in tax collection cases:

Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection
cases originally decided by them, in their respective territorial jurisdiction.

Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the
Exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.

The CTA is composed of one presiding justice and 8 associate justices, all of which are appointed by the
President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have
precedence according to the dates (or order, in case of similar appointment dates) of their respective
appointments. The qualifications for the justices of the Court of Appeals also apply to members of the
CTA.

3.4. SANDIGANBAYAN

Sandiganbayan

To attain the highest norms of official conduct among officials and employees in the government, the
creation of a special graft court to be known as the Sandiganbayan was provided for in Article XIII,
Section 5 of the 1973 Constitution. This court was formally established through Presidential Decree No.
1606, which was signed into law on December 10, 1978.

Through Article XI (Accountability of Public Officers), Section 4 of the 1987 Constitution, the
Sandiganbayan was carried over to the post-EDSA Revolution republic. The current form of the
Sandiganbayan was constituted through PD 1606, s. 1978, as amended by Republic Act No. 7975 and
Republic Act No. 8245.

The Sandiganbayan has jurisdiction over the following:

Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:

Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic
Act No. 6758), specifically including:
Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial
treasurers, assessors, engineers and other provincial department heads;

City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers
and other city department heads;

Officials of the diplomatic service occupying the position of consul and higher;

Philippine army and air force colonels, naval captains, and all officers of higher rank;

Officers of the Philippine National Police while occupying the position of provincial director and those
holding the rank of senior superintendent or higher;

City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;

Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state

universities or educational institutions or foundations;

Members of Congress and officials thereof classified as grade 27 and up under the Compensation and
Position Classification Act of 1989;

Members of the judiciary without prejudice to the provisions of the constitution;

Chairmen and members of constitutional commissions, without prejudice to the provisions of the
constitution; and

All other national and local officials classified as Grade 27 and higher under the Compensation and
Position Classification Act of 1989.

Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a of this section in relation to their office.

Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A,
s. 1986.

In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or
of their appellate jurisdiction as herein provided.

The Sandiganbayan also has exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in
aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A issued in
1986.

In case private individuals are charged as co-principals, accomplices or accessories with the public
officers or employees, including those employed in govemment-owned or controlled corporations, they
shall be tried jointly with said public officers and employees in the proper courts which shall exercise
exclusive jurisdiction over them.

The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in case of similar appointment dates) of
their respective appointments.

The qualifications to become a member of the Sandiganbayan are as follows:

a natural-born citizen of the Philippines;

at least 40 years of age

has been a judge of a court for at least ten years, or been engaged in the practice of law in the
Philippines or has held office requiring admission to the bar as a prerequisite for at least ten years.

3.5. SENATE

1. SENATE- Contempt

The Committee, by a vote of a majority of all its members, may punish for contempt any witness before
it who disobeys any order of the Committee or refuses to be sworn or to testify or to answer a proper
question by the Committee or any of its members, or testifying, testifies falsely or evasively. A contempt
of the Committee shall be deemed a contempt of the Senate. Such witness may be ordered by the
Committee to be detained in such place as it may designate under the custody of the Sergeant-at-Arms
until he agrees to produce the required documents, or to be sworn or to testify, or otherwise purge
himself on that contempt.

3.6. CONGRESS CONTEMPT

CONGRESS-Contempt. The Committee, by a vote of a majority of all its members, may punish for
contempt any witness before it who disobeys any order of the Committee or refuses to be sworn or to
testify or to answer a proper question by the Committee or any of its members, or testifying, testifies
falsely or evasively.

Executive
Powers of the Congress that are executive in nature are:

Appointment of its officers;

Affirming treaties;

Confirming presidential appointees through the Commission on Appointments;

Removal power; etc.

Judicial

Constitutionally, each house has judicial powers:

To punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its
Members, suspend or expel a Member

To concur and approve amnesty declared by the President of the Philippines;

To initiate, prosecute and thereafter decide cases of impeachment; and

To decide electoral protests of its members through the respective Electoral Tribunal.

Supervisory

The Congress of the Philippines exercises considerable control and supervision over the administrative
branch - e.g.:

To decide the creation of a department/agency/office;

To define powers and duties of officers;

To appropriate funds for governmental operations;

To prescribe rules and procedure to be followed; etc.

Electoral

Considered as electoral power of the Congress of the Philippines are the Congress' power to:

Elect its presiding officer/s and other officers of the House;

Act as board of canvassers for the canvass of presidential/vice-presidential votes; and

Elect the President in case of any electoral tie to the said post.

Specific Legislative

It has reference to powers which the Constitution expressly and specifically directs to perform or
execute.

Powers enjoyed by the Congress classifiable under this category are:

Power to appropriate;

Power to act as constituent assembly; (for drafting an amendment to the constitution upon a vote of
three-fourths of all its members)

Power to impeach; (to initiate all cases of impeachment is the power of the House of Representatives;
To try all cases of impeachment is the power of the Senate.)

Power to confirm treaties;(Only the Senate is authorized to use this power.)

Power to declare the existence of war; (The Senate and the House of Representatives must convene in
joint session to do this.)

Power to concur amnesty; and

Power to act as board of canvasser for presidential/vice-presidential votes. (by creating a joint
congressional committee to do the canvassing.)

Power to contempt

Blending of power

Delegation of power

Budgetary power

Power to taxation

Inherent Powers

These are the powers which though not expressly given are nevertheless exercised by the Congress as
they are necessary for its existence such as:

to determine the rules of proceedings;

to compel attendance of absent members to obtain quorum to do business;

to keep journal of its proceedings; etc.

Implied Powers

It is essential to the effective exercise of other powers expressly granted to the assembly.

General Legislative

It consists of the enactment of laws intended as a rule of conduct to govern the relation between
individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the state (i.e., criminal law,
political law, etc.)

Miscellaneous

The other powers of Congress mandated by the Constitution are as follows:

To authorize the Commission on Audit to audit fund and property;

To authorize the President of the Philippines to fix tariff rates, quotas, and dues;

To authorize the President of the Philippines to formulate rules and regulations in times of emergency;

To reapportion legislative districts based on established constitutional standards;

To implement laws on autonomy;

To establish a national language commission;

To implement free public secondary education;

To allow small scale utilization of natural resources;

To specify the limits of forest lands and national parks;

To determine the ownership and extent of ancestral domain; and

To establish independent economic and planning agency.

3.7. OMBUDSMAN

Powers, Functions and Duties

The Office of the Ombudsman shall have the following powers, functions and duties

Investigate and prosecute on its own or on complaint by any person, any act or omission of any public
officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper
or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise
of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government,
the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article XI, 1987
Constitution);

Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as well as any government-owned or controlled
corporations with original charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties (Sec. 15(2) R.A. No. 6770;
Sec 13(2) Article XI, 1987 Constitution);

Direct the officer concerned to take appropriate action against a public officer or employee at fault or
who neglects to perform an act or discharge a duty required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be ground for disciplinary action against said officer (Sec. 15(3)
R.A. No. 6770; see also Sec 13(3), Article XI, 1987 Constitution);

Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in
its rules of procedure, to furnish it with copies of documents relating to contracts or transactions
entered into by his office involving the disbursement or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also Sec.
13(4), Article XI, 1987 Constitution);

Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents (Sec. 15(5), R.A.
No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);

Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4)
hereof, when circumstances so warrant and with due determine what cases may not be made public:
Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true (Sec
15(6) R.A. No. 6770; see also Sec 13(6), Article XI, 1987 Constitution);

Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high standards of
ethics and efficiency (Sec 15(7) R.A. No. 6770; see also Sec 13(7), Article XI, 1987 Constitution);
Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation
or inquiry, including the power to examine and have access to bank accounts and records (Sec 15(8),
R.A. No. 6770);

Punish for contempt in accordance with the Rules of Court and under the same procedure and with the
same penalties provided therein (Sec 15(9), R.A. No. 6770);

Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure
the effective exercise of performance of the powers, functions, and duties herein or hereinafter
provided (Sec 15(10), R.A. No. 6770);

Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the prosecution of the parties involved therein (Sec 15(11), R.A.
No. 6770);

Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as
may be provided by law (Sec 13(7), Article XI, 1987 Constitution; see also Sec. 18, R.A. No. 6770);

3.8. REGIONAL TRIAL COURT

REGIONAL TRIAL COURT- All criminal cases where the penalty is higher than 6 years, including
government-related cases wherein the accused in not one of those falling under the jurisdiction of the
Sandiganbayan is within the jurisdiction of the RTC

Jurisdiction in civil cases. — Regional Trial Courts shall exercise exclusive original jurisdiction:

(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

(2) In all civil actions which involve the title to, or possession of, real property, or any interest therein,
except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction
over which is conferred upon Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts;

(3) In all actions in admiralty and maritime jurisdiction where he demand or claim exceeds twenty
thousand pesos (P20,000.00);

(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds
twenty thousand pesos (P20,000.00);
(5) In all actions involving the contract of marriage and marital relations;

(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising
judicial or quasi-judicial functions;

(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile
and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and

(8) In all other cases in which the demand, exclusive of interest and costs or the value of the property in
controversy, amounts to more than twenty thousand pesos (P20,000.00).

Section 20. Jurisdiction in criminal cases. — Regional Trial Courts shall exercise exclusive original
jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except
those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance of by the latter.

Section 21. Original jurisdiction in other cases. — Regional Trial Courts shall exercise original jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and
injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls.

Section 22. Appellate jurisdiction. — Regional Trial Courts shall exercise appellate jurisdiction over all
cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in
their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of
the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by
the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such
cases shall be appealable by petition for review to the Intermediate Appellate Court which may give it
due course only when the petition shows prima facie that the lower court has committed an error of fact
or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

Section 23. Special jurisdiction to try special cases. — The Supreme Court may designate certain
branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-
judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in
the interest of a speedy and efficient administration of justice.

Section 24. Special Rules of Procedure. — Whenever a Regional Trial Court takes cognizance of juvenile
and domestic relation cases and/or agrarian cases, the special rules of procedure applicable under
present laws to such cases shall continue to be applied, unless subsequently amended by law or by rules
of court promulgated by the Supreme Court.

3.9. MTC/MCTC

MTC/MCTC- jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in Criminal Cases. – Except in cases falling within the exclusive original jurisdiction of Regional
Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:

"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction; and

"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties,
including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature,
value or amount thereof: Provided, however, That in offenses involving damage to property through
criminal negligence, they shall have exclusive original jurisdiction thereof."

LAWS RELATED TO BJMP

R.A. 6975

CHAPTER V BUREAU OF JAIL MANAGEMENT AND PENOLOGY Section

Section60. 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.
Section 61. Powers and Functions. — The Jail Bureau shall exercise supervision and control over all city
and municipal jails. The provincial jails shall be supervised and controlled by the provincial government
within its jurisdiction, whose expenses shall be subsidized by the National Government for not more
than three (3) years after the effectivity of this Act.

Section 62. Organization. — The Jail Bureau shall be headed by a Chief who shall be assisted by a deputy
chief. The jail Bureau shall composed of city and municipal jails, each headed by a city or municipal jail
warden: Provided, That, in the case of large cities and municipalities, a district jail with subordinate jails
headed by a district jail warden may be established as necessary. The Chief of the Jail Bureau shall
recommended to the Secretary the organizational structure and staffing pattern of the Bureau as well as
the disciplinary machinery for officers and men of the Bureau in accordance with the guidelines set forth
herein and as prescribed in Section 85 of this Act.

Section 63. Establishment of District, City or Municipal Jail. — There shall be established and maintained
in every district, city and municipality a secured, clean adequately equipped and sanitary jail for the
custody and safekeeping of city and municipal prisoners, any fugitive from justice, or person detained
awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill
person who endangers himself or the safety of others, duly certified as such by the proper medical or
health officer, pending the transfer to a medical institution. The municipal or city jail service shall
preferably be headed by a graduate of a four (4) year course in psychology, psychiatry, sociology,
nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or
detention of prisoners. Great care must be exercised so that the human rights of this prisoners are
respected and protected, and their spiritual and physical well-being are properly and promptly attended
to.

Section 64. Rank Classification. — For purpose of efficient administration, supervision and control, the
rank classification of the members of the Jail Bureau shall be as follows: Director Chief Superintendent
Senior Superintendent Superintendent Chief Inspector Senior Inspector Inspector Senior Jail Officer IV
Senior Jail Officer III Senior Jail Officer II Senior Jail Officer I Jail Officer III Jail Officer II Jail Officer I

Section 65. Key Positions. — The head of the Jail Bureau with the rank of director shall have the position
title of Chief of Jail Bureau. He shall be assisted by a deputy chief with the rank of chief superintendent.
The assistant heads of the Department's regional offices with the rank of senior superintendent shall
assume the position title of Assistant Regional Director of Jail Management and Penology as provided by
Section 12 of this Act; the heads of district offices with the rank of chief inspector shall have the position
title of District Jail Warden; and the heads of the city or municipal stations with the rank of senior
inspector shall be known as City/Municipal Jail Warden

Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.

Republic Act No. 9263 March 10, 2004

AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION (BFP) AND
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN, PROVISIONS OF
REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES

e it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004."

SEC 2. Declaration of Policy and Principles. – It is declared policy of the state to maintain peace and
order, protect life, liberty and property, and promote the general welfare essential for the enjoyment by
all the people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution)
Moreover it recognizes the responsibility of the state to strengthen government capability aimed
towards the strengthening of the delivery of basic services to the citizenry though the
institutionalization of highly efficient and competent fire and jail services.

It is provided for under Republic Act No. 6975, other wise known as the "Department of the Interior and
Local Government Act 1990", that the task of fire protection, and jail management and penology shall be
the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and
Penology (BJMP), respectively.

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998", provides that in times of national emergency, BFP and the
BJMP along with the Philippine National Police (PNP) shall, upon the direction of the President, assist the
Armed Forces of the Philippines (AFP) in meeting the national emergency, in addition to the
performance of their inherent functions as mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of the
uniformed service of the government under the Department of the Interior and Local Government
(DILG), are required the same amount of sacrifice, service and dedication like their counterparts in the4
PNP and the AFP to carry out their respective duties to the extent of risking their lives and limbs.

Towards this end, the State shall provide for the Professionalization and restructuring of the BFP and the
BJMP by upgrading the level of qualifications of their uniformed personnel and standardizing their base
pay, retirSEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and the 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 be appointed as Chief of the Fire
Bureau or Chief of the Jail Bureau, as the case may be, Provided, further, that the Chief of the Fire
Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years: Provided,
however, that in times of war or other national emergency declared by Congress, the President may
extend such tour of duty.ement and other benefits, making it at par with those of the PNP and the AFP.

SEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and the 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 be appointed as Chief of the Fire Bureau
or Chief of the Jail Bureau, as the case may be, Provided, further, that the Chief of the Fire Bureau and
Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years: Provided, however, that in
times of war or other national emergency declared by Congress, the President may extend such tour of
duty.

he Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the
Fire Bureau and the Chief of the Jail Bureau, respectively. The second officers in command of the BFP
and the BJMP with the rank of chief superintendent shall have the position title of Deputy Chief for
Administration of the Jail Bureau, respectively. The third officer in command of the BFP and the BJMP
with the rank of chief superintendent shall have the position title of Deputy Chief for Operation of Fire
Bureau and Deputy Chief for Operation of the Jail Bureau, respectively. The fourth officers in command
of the BFP and the BJMP with the rank of chief superintendent shall have the respective position title of
Chief of Directorial Staff of the Fire Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be
assisted by the directors of the directorates in the respective national headquarters office with at least
the rank of senior superintendent.

The BFP and the shall establish, operate and maintain their respective regional offices in each of the
administrative regions of the country which shall be respectively headed by a Regional Director for Fire
Protection and a Regional Director of Jail Management and Penology with the rank of senior
superintendent. He/She shall be respectively assisted by the following officers with the rank of
superintendent: Assistant Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff.

SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed

Personnel to the BFP and the BJMP. – No person shall be appointed as uniformed personnel of the BFP
and the BJMP unless he/she possesses the following minimum qualifications:

a) A citizen of the Republic of the Philippines;

b) A person of good moral character;

c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining
his/her physical and mental health;

d) Must possess a baccalaureate degree from recognized institution of learning;

e) Must possess the appropriate civil service eligibility;

f) Must not have been dishonorably discharged of dismissal for cause from previous employment;

g) Must not have been convicted by final judgement of an offense or crime involving moral turpitude;

h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and
fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age requirement \s
shall be automatically granted to applicants belonging to the cultural communities; and

i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to
his/her height, age and sex;

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of age:
except for this particular provision, the above–enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be ground for separation or
retirement from the service: Provided, further, That the uniformed personnel who are already in the
service upon the effectivity of this Act shall be given five (5) years to obtain the minimum educational
qualification and one (1) year to satisfy the weight requirement.

After the lapse of the time of period for the satisfaction of a specific requirement, current uniformed
personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under
this Section shall be separated from the service if they are below fifty (50) years of age and have served
in the government for less than twenty (20) years, or retired if they are age fifty (50) and above and have
served in the government for at least twenty (20) years without prejudice in either case to the payment
of benefits they may be entitled to under existing laws.

SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of the BFP
and the BJMP shall be effected in the following manners:

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for Fire
Protection and Regional Director for Jail Management and Penology for the regional office uniformed
personnel or by the respective Chief of the Fire Bureau and Chief of the Jail Bureau for the national
headquarters office uniformed personnel, and attested by the Civil Service Commission (CSC);

b) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire Bureau
and Chief of the Jail Bureau, as recommended by their immediate superiors, and attested by the CSC;

c) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation of
the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of the
CSC; and

d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the
CSC.

SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. – In general, all original appointments of
officers in the Fire Bureau and Jail Bureau shall commence the rank of fire/jail inspector wherein
applicants for lateral entry into the BFP shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical engineers,
chemical engineers, chemist, architects, criminologists, certified public accountants, nurses, physical
therapists, and dentists, while applicants for lateral entry into the BJMP shall include all those with
highly specialized and technical qualifications such as, but not limited to, social workers, psychologists,
teachers, nurses, dentists and engineers. Doctor of Medicine, members of the Philippine Bar and
chaplains shall be appointed to the rank of fire/jail senior inspector in their particular technical service.
Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to the
initial rank of fire/jail inspector.

SEC. 7. Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed

Personnel of the BFP and the BJMP to Key Positions. -

a) No person shall be designated to the following key positions of the BFP and the BJMP unless he/she
has met the qualifications provided therein:

1) Municipal Fire Marshal. – Should have the rank of senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least twelve (12) units in a master's degree program in public
administration, management, engineering, public safety, criminology or other related discipline from
recognized institution of learning, and must have satisfactory passed the necessary training of career
courses for such position as may be established by the Fire Bureau;

2) City Fire Marshal. - Should the rank of chief of senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least twenty four (24) units in a master's degree program in
public administration, management, engineering, public safety, criminology or other related disciplines
from recognized institution of learning, and must have satisfactory passed the necessary training or
career courses for such position as may be established by the Fire Bureau;

3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for Administration, Assistant
Regional Director for Operations and Regional Chief of Directorial Staff. – Should have the rank of
superintendent, who must be a graduate of Bachelor of Laws or a holder of a mater's degree in public
administration, management, engineering, public safety, criminology or other related disciplines from
recognized institution of learning, and must have satisfactory passed the necessary training or career
courses for such position as may be established by the Fire Bureau;

4) District Fire Marshal for the National Capital Region, Regional Director for Fire Protection and Director
of the Directorate of the National Headquarters Office. – Should have at least the rank of senior
superintendent, who must be a graduate of Bachelor of Laws or a holder of master's degree in public
administration, management, engineering, public safety, criminology or other related disciplines from a
recognized institution of learning, and must have satisfactory passed the necessary training or career
course for such position as may be established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire Bureau
and Chief Directorial Staff of the Fire Bureau.- Should have the rank of superintendent, who must be a
member of the Philippine Bar or a holder of a master's degree in public administration, management,
engineering, public safety, criminology or other related disciplines from recognized institution of
learning, and must have satisfactory passed the necessary training or career courses for such as may be
established by the Fire Bureau; and

6) Chief of the Fire Bureau. – Should have the rank of director, who must be a member of the Philippine
Bar or a holder of a master's degree in public administration, management, engineering, public safety,
criminology or other related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be established by the Fire
Bureau.

b) No person shall be designated to the following key positions of the BJMP unless he/she has met the
qualification provided therein:

1) Municipal Jail Warden. – Should have the rank of chief inspector, who have finished at least second
year Bachelor of Laws or earned at least twelve (12) units in a master' degree program in management,
public administration, public safety, criminology, penology, sociology, national security administration,
defense studies, or other related disciplines from a recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such position as may be established by
the Jail Bureau;

2) City Jail Warden. – Should have the rank of chief inspector, who must have finished at least second
year Bachelor of Laws or earned at least twenty four (24) units in master's degree program in
management, public administration, public safety, criminology, penology, sociology, national security
administration, defense studies or related disciplines from a recognized institution of learning and must
satisfactory passed the necessary training or career courses for such position as may be established by
the Jail Bureau: Provided, That in city jails with a population of one thousand (1,000) or more inmates,
the city jail warden shall the rank and qualification of a district jail warden;

3) District Jail Warden, Provincial Jail Administrator, Assistant Regional Director for Administration,
Assistant Regional Director for Operations and Regional Chief of Directorial Staff. – Should have the rank
of senior superintendent, who must be a graduate of Bachelor of Laws or a holder of a master's degree
in management, public administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized institution of learning, and
must satisfactory passed the necessary training or career courses for such position as may be
established by the Jail bureau;
4) Regional Director for Jail Management and Penology and Director of the Directorate of the National
Headquarters Office. – Should have the rank of senior superintendent, who must be a graduate of
Bachelor of Laws or a holder of a master's degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies or other related
discipline from a recognized institution of learning, and must satisfactory passed the necessary training
or career courses for such position as may be established by the Jail bureau;

5) Deputy Chief for Administration of the Jail Bureau, Deputy Chief for Operations of the Jail Bureau and
Chief of Directorial Staff of the Jail Bureau. – Should have the rank of senior superintendent, who must
be a member of the Philippine Bar or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology, national security administration, defense
studies or other related discipline from a recognized institution of learning, and must satisfactory passed
the necessary training or career courses for such position as may be established by the Jail bureau; and

6) Chief of the Jail Bureau. – Should have the rank of director, who must be a member of the Philippine
Bar or a holder of a master's degree in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related discipline from a
recognized institution of learning, and must satisfactory passed the necessary training or career courses
for such position as may be established by the Jail bureau.

Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but lacks
any of the qualifications mentioned therein shall be given three(3) years upon the effectivity of this Act
to comply with the requirements, otherwise he/she shall be relieved from the position.

SEC. 8. Professionalization and Qualifications Upgrading Program. – The DILG shall design and establish a
professionalization and qualifications upgrading program for uniformed personnel of the BFP and the
BJMP in coordination with the CSC and the Commission on Higher Education (CHED) though an off-
campus education program or other similar programs within ninety (90) days from the effectivity of this
Act.

SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. - There shall be
established a system of attrition for the uniformed personnel of the BFP and the BJMP within one (1)
year from the effectivty of this Act to be submitted by said bureaus to the DILG for approval. Such
attrition system shall include, but is not limited to, the provision of the following principles:
a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the BJMP who is
relieved and assigned to a position lower than that is established for his/her grade in the respective
staffing pattern of the Fire Bureau and the Jail Bureau, and who shall not be assigned to a position
commensurate to his/her grade within two (2) years after such demotion in position shall be separated
or retired from the service;

b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has not been
promoted for a continuous period of ten (10) years shall be separated or retired from the service, except
for those who are occupying a third-level position;

c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at least five (5)
years of accumulated active service shall be separated from the service based on any of the following
factors:

1) Inefficiency based on poor performance during the last two (2) successive semestral ratings period;

2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;

3) Physical and/or mental incapacity to perform his/her duties and functions; or

4) Failure to complete the required career courses and/or appropriate civil service eligibility for his/her
position except for justifiable; and

d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section. – Any
personnel who is dismissed from the BFP and the BJMP pursuant to the above-enumerated principles in
this Section shall be separated if he/she has rendered less than twenty (20) years of service, and be
retired if he/she has rendered at least twenty (20) years of service unless the concerned personnel is
disqualified by law to receive such benefits.

SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. – Within six (6) months
after the effectivity of this Act, the DILG shall establish a system of promotion for the uniformed
personnel of the BFP and the BJMP though the following principles:
a) Rationalized Promotion System. – The system of promotion shall be based on merits and on the
availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair so
as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity
for promotion as to men;

b) Requirement for Promotion. -

1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher rank unless he/she
has met the minimum qualification standards or the appropriate civil service eligibility set by the CSC,
and has the satisfactorily passed the required psychiatric/psychological, drug and physical test;

2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage and gallantry at
the risk his/her life above and beyond the call of duty, or selected as such in a nationwide search
conducted by any accredited civic organization, shall be promoted to the next higher rank, Provided,
That these shall be validated by the DILG and the CSC based on established criteria.

SEC. 11. Performance Evaluation System. - There shall be established a performance evaluation system
which shall be administered with accordance with the rules, regulations and standards, and a code of
conduct for the uniformed personnel of the BFP and the BJMP to be promulgated by the Fire Bureau
and the Jail Bureau through the DILG. Such performance evaluation system shall be administered in such
a way as to foster the improvement of the individual efficiency and behavioral discipline as well as the
promotion of organizational effectiveness and commitment to service.

The rating system as contemplated herein shall be based on standard prescribed by the Fire Bureau and
the Jail Bureau through the DILG and shall be consider the result of the annual psychiatric/psychological
and physical test conducted on the uniformed personnel of the BFP and the BJMP.

SEC. 12. Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel of
the BFP and the BJMP. – In order to enhance the general welfare, commitment to service and
professionalism of the uniformed personnel of the BFP and the BJMP, they shall receive the minimum
starting salary equivalent to the salary grade level of the corresponding rank classification of their
counterparts in the PNP, as provided under Section 36 of Republic Act No. 8551, and in the AFP, as
provided under Section 2 of Republic Act No. 9166.

The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in
accordance with the following salary grade schedule:
RANK SALARY

GRADE

Fire/Jail Director

28

Fire/Jail Chief Superintendent

27

Fire/Jail Senior Superintendent

26

Fire/Jail Superintendent

25

Fire/Jail Chief Inspector

24

Fire/Jail Senior Inspector

23
Fire/ Jail Inspector

22

Senior Fire/Jail Officer IV

19

Senior Fire/Jail Officer III

18

Senior Fire/Jail Officer II

17

Senior Fire/Jail Officer I

16

Fire/ Jail Officer III

14

Fire/Jail Officer II

12

Fire/Jail Officer I
10

Provided, That all benefits currently receive by the uniformed personnel of the BFP and the BJMP under
existing laws shall continue to be received by them: Provided, Further, That their retirement pay shall be
subject to adjustment/s based on the prevailing scale of base pay of the uniformed personnel in the
active service.

SEC. 13. Implementation. – The implementation of this Act shall be undertaken in staggered phases, but
not to exceed three (3) years, taking into consideration the financial position of the national
government: Provided, That any partial implementation shall be uniform and proportionate for all ranks.

SEC. 14. Implementation Rules and Regulations. – The DILG in coordination with the BFP and the BJMP,
the CSC, the Department of Budget and Management (DBM), and the Department of Finance (DOF)
shall, within ninety (90) days from the effectivity of this Act, promulgate the rules and regulations
necessary to implement the provision of this Act.

SEC. 15. Annual Report. – The BFP and the BJMP through the DILG and the DBM shall jointly submit to
the President of the Senate and the Speaker of the House of Representatives an annual report on the
implementation of this Act. This report shall include information on the application of the budget for the
salary and other benefits provided under this Act. The DBM, in consultation with the BFP and the BJMP
though the DILG, shall periodically review and adjust every five (5) years the rates of base pay, taking
into consideration labor productivity, consumer price index, oil price and other similar economic
indicators as may be determined by the National Economic and Development authority (NEDA).

SEC. 16. Separability Clause.- If any portion or provision of this Act is declared unconstitutional, the same
shall not affect the validity and effectivity of the other provisions not affected thereby.

SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other issuances, or
parts thereof, which are inconsistent with the provisions of this Act, are hereby deemed repealed,
amended or modified accordingly.

SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved,

FRANKLIN DRILON

President of the Senate

JOSE DE VENECIA JR.

Speaker of the House of Representatives

This Act which is a consolation of Senate Bill No. 2373 and House Bill No. 6557 was finally passed by the
Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

OSCAR G. YABES

Secretary of Senate

ROBERTO P. NAZARENO

Secretary General

House of Represenatives

Approved: March 10, 2004

GLORIA MACAPAGAL-ARROYO

President of the Philippines

4. BJMP HISTORY

On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as
a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded
version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed
by BRIG GEN Arsenio E. Concepcion.

As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local
Government.
Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP as a mere
component, to become a full-fledged bureau. Director Charles S. Mondejar took his oath of office on July
1 of 1991 as the first Chief of the Bureau.

The Bureau of Jail Management and Penology supervises and controls all district, city and municipal jails.

5. THE BJMP LOGO

THE BJMP LOGO

The BJMP Logo

BJMP in Bold Letters : Symbolizes the strong identity of the Bureau.

Inscription : Safekeeping and Development, depicts the mandate of the Bureau.

Round Borders : Stands for holism.

Five (5) Pillars : Represent the coordination among the pillars of the criminal justice.

Scale : Represents the scale of justice.

Philippine Map : Depicts that corrections is a national concern.

Eighteen (18) Laurel Leaves : Stands for the seventeen (17) Regions, including the Jail
National Training Institute.
Jail Officer : Signifies professionalism and adeptness.

Person Deprived of Liberty (PDL) : Transforming from black to white depicts that inmates
undergo developmental processes.

Heavy and Thick Bars : Speak of custody, tightened security and control of PDL

Colors : Red (Pantone Guide 185) and

Blue (Pantone Guide 072) - Stands for the primary colors of the Philippine flag.

Gray - Depicts the organization's color.

Light to Dark

Golden Yellow (Pantone Guide 116) background - Represents the transcending light of corrections.

6. BJMP BADGE

THE BJMP BADGE

The BJMP Badge

The BJMP badge that is about to be pinned on your left chest is the symbol of legal authority. It is placed
near your heart to remind you of the fidelity and dedication expected of you as public servants.
This badge to be entrusted to you symbolizes your worthiness as a jail officer – worthiness to safekeep
and develop the lawless elements of our society, our clients – the Persons Deprived of Liberty. The
badge is a reminder for you to always render the highest form of public service with commitment of
sacrifice and even willingness to die in service of god, the country and its people. This badge reminds
you to maintain the dignity of your character at all times.

Now, the challenge once you receive the badge is for you to walk tall, head up and bravely face the daily
risks and perils of your duty. Keep the badge unblemished and free from any breach of fidelity. By the
regularity of your conduct, always endeavor to avoid any aspersion against our institution.

You are to preserve our cherished customs and traditions and never countenance any deviation from
them nor allow them to be overstepped.

Your dignity as a jail officer is symbolized by the badge that is to be pinned on your heart. Never swerve
from your solemn oath of office, nor violate your vows or betray the trust of the public.

You are a jail officer – wear your badge with honor and pride.

7. BJMP PROFILE

BJMP PROFILE

Overview

As one of the five pillars of the Criminal Justice System, the BJMP was created to address growing
concern of jail management and penology problem. Primarily, its clients are detainees accused before a
court who are temporarily confined in such jails while undergoing investigation, waiting final judgement
and those who are serving sentence promulgated by the court 3 years and below. As provided for under
R.A. No. 6975, the Jail Bureau is mandated to take operational and administrative control over all city,
district and municipal jails. The Bureau has four major areas of rehabilitation program, namely:
Livelihood Projects, Educational and Vocational Training, Recreation and Sports, and Religious/ Spiritual
Activities. These were continuously implemented to eliminate the offenders' pattern of criminal
behaviour and to reform them to become law-abiding and productive citizens. Although the workplace
of the Jail Bureau is confined inside the portals of jail to safeguard inmates, nonetheless, the Bureau has
an inherent function of informing the public of jail operations and other matters concerning the
corrections pillar of the Philippines. Coincidentally, being a new and growing Bureau, BJMP aims to keep
the public abreast of information regarding jail management and penology.

Organizations and Key Positions

The Bureau of Jail Management and Penology, also referred to as the Jail Bureau, was created pursuant
to Section 60 to 65, Chapter V, RA No. 6975, and initially consisting of uniformed officers and members
of the Jail Management and Penology service as constituted under Presidential Decree No. 765. RA 9263
provides that the Bureau shall be headed by a Chief who is assisted by two (2) Deputy Chiefs, one (1) for
Administration and another for Operations, and one (1) Chief of Directorial Staff, all of whom are
appointed by the President upon the recommendation of the DILG Secretary from among the qualified
officers with the rank of at least Senior Superintendent in the BJMP. The Chief of the BJMP carries the
rank of Director and serves a tour of duty that must not exceed four (4) years, unless extended by the
President in times of war and other national emergencies. Officers who have retired or are within six (6)
months from their compulsory retirement age are not qualified to be appointed as Jail Director or
designated as BJMP Chief.

The second officer in command of the BJMP is the Deputy Chief for Administration, the third officer in
command is the Deputy Chief for Operations, and the fourth officer in command is The Chief of the
Directorial Staff, all of whom carry the rank of Chief Superintendent. They are assisted by the Directors
of the Directorates in the National Headquarters who carry the rank of at least Senior Superintendent.

The BJMP operates and maintains Regional Offices in each of the administrative regions of the country,
headed by a Regional Director for Jail Management and Penology, with the rank of at least Senior
Superintendent. The Regional Director is assisted by an Assistant Regional Director for Administration,
Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.

The National Headquarters is the Command and Staff Office of the BJMP, and is composed of the
Command Group, Directorates and Management Support Staff , namely:

Command Group:

Chief, BJMP

Deputy Chief for Administration

Deputy Chief for Operation

Chief of Directorial Staff

Directorates
Directorate for Personnel and Records Management

Directorate for Intelligence

Directorate for Operations

Directorate for Comptrollership

Directorate for Logistics

Directorate for Human Resource Development

Directorate for Welfare and Development

Directorate for Investigation and Prosecution

Directorate for Program Development

Directorate for Information Communications and Technology Management

Directorate for Health Service

Support Services

Chaplaincy Service Office

Legislative Liaison Office

Finance Service Office

Headquarters Support Service Office

Legal Service Office

Community Relations Service Office

National Executive Senior Jail Officer (NESJO)

Supply Accountable Office

Accounting Office

Regional Office.

The BJMP operates and maintains Regional Offices in each of the administrative regions of the country,
headed by a Regional Director for Jail Management and Penology, with the rank of at least Senior
Superintendent. The Regional Director is assisted by an Assistant Regional Director for Administration,
Assistant Regional Director for Operations, and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.
Jail Provincial Administrator's Office.

In every province, the BJMP operates and maintains a Provincial Jail Administrator’s Office headed by a
Provincial Administrator, to oversee the implementation of jail services of all district, city and municipal
jails within its territorial jurisdiction.

District Jail.

Within large cities or a group of clustered municipalities, a District Jail headed by a District Warden may
be established.

City and Municipal Jails.

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

Our Core Values and Competence

PRO.T.E.C.S.

PRO - Professionalism

T - Teamwork

E - Efficiency / Competence

C - Commitment

S - Self-Discipline

Core Competence

Continuous skills enhancement of personnel

Ability to establish linkages and Partnerships

Responsive Planning

Timely decision-making

Expedient implementation

8. MANDATES AND FUNCTION

MANDATES AND FUNCTIONS

Mandates

BJMP is mandated to direct, supervise and control the administration and operation of all district, city
and municipal jails nationwide with pronged tasks of safekeeping and development of inmates.

Functions

In line with it's mission, the Jail Bureau endeavors to perform the following functions:

Formulate policies and guidelines in the administration of all district, city, and municipal jails
nationwide;

Implement strong security measures for the control of inmates;

Provide for the basic needs of inmates;

Conduct activities for the development of inmates;

Improve jail facilities; and,

Promote the general welfare and development of personnel.

9. MISSION AND VISION

MISSION AND VISION

Mission
To enhance public safety by ensuring humane safekeeping and development of Persons Deprived of
Liberty (PDL) in all district, city, and municipal jails for their reintegration to society.

Vision

A premier institution highly regarded by society for the secured and humane treatment of Persons
Deprived of Liberty (PDL) by its competent and motivated corps.

Major Programs

There are four (4) major programs under the mandate of BJMP and they are the following:

Inmates custody, security and control program.

Inmates welfare and development program.

Decongestion program.

Good governance.

Core Programs

A. Provisions of Basic Needs

All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply
of potable water is made available to them at all times. Likewise, upon admission, each PDL is issued his
or her PDL uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits are also
distributed to the PDL on monthly or quarterly basis. Occasionally, the provision of basic needs for the
PDL is supplemented by the food and non-food donations from local government units, non-government
organizations, business sector and private individuals.

B. Health Services

Health services for PDL consist of interventions towards the prevention, promotion, treatment of
illnesses and rehabilitation. All PDL undergo medical assessment upon admission. During confinement,
PDL are provided with health education and counseling, medical consultations, regular health
monitoring, and provided medicines subject to availability. To maintain the physical health of PDL, they
are allowed daily sunning and physical exercises.

C. Educational Program

The educational program aims to provide opportunities for PDL to achieve mandatory education. For
this reason, BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the
PDL to earn their elementary and high school diplomas. Teachers in the jail-based ALS are BJMP
Personnel who are professional teachers and trained on the Instructional Method for ALS. In jails where
there are no personnel trained to handle ALS classes, the ALS teachers would be coming from the
Department of Education. All PDL enrolled in the ALS earn their respective Time Allowance for Teaching,
Studying and Mentoring (TASTM) pursuant to RA 10592.

D. Skills Training/ Enhancement Program

The objective of the skills training program is to equip the PDL with technical/vocational skills which they
can use in seeking employment or starting their own business after release from confinement. To make
the PDL as competitive as other potential job seekers, the skills trainings preferred are those accredited
by the Technical Education and Skills Development Authority (TESDA) so that the PDL will be able to earn
National Certifications. Thus, only the PDL who meet the eligibility requirements of the specific skills
training program being offered can participate.

E. Livelihood Program

The livelihood program presents income-generating activities to PDL during their confinement where
they are able to earn for their personal upkeep and for financial support to their families. The capital for
the livelihood project are either from BJMP for BJMP-funded projects or from the common fund of a
group of PDL for non-BJMP funded projects. Examples of continuing and most popular livelihood
projects of PDL are bags and purses, bonsai made of beads, pastries, rugs, paper crafts, and wood crafts.
To help the PDL earn from these livelihood projects, the jail unit Welfare and Development Officer
(UWDO) facilitates the sale of the products in display centers or livelihood caravans organized by the
local government units and other service providers. In addition, online or e-marketing of PDL products is
also run by the jail unit Welfare and Development Office.

F. Behavioral Management/ Modification Program

BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify
behaviors of PDL with the goal of positively changing their thinking and behavior through structured
group processes. The program endeavors to teach and model positive thinking, pro-social values, good
decision-making, and positive coping. Through the program, PDL are trained on socially acceptable ways
of behaving and relating with their fellow PDL and with personnel and visitors thereby fostering a
therapeutic jail environment and maintaining a peaceful communal atmosphere.

G. Interfaith Program

PDL are provided with the opportunity to practice their faith while under custody without
discrimination, subject only to usual safety and security measures. The BJMP chaplains and imams
provide different religious services such as but not limited to mass celebrations, communal prayers,
spiritual counseling, catechism, and others. Religious organizations and their respective
ministers/pastors and leaders are accredited by BJMP to facilitate their regular contact with PDL for the
provision of religious services.

H. Cultural and Sports Program

The cultural program aims to promote camaraderie among PDL, encourage the development of self-
confidence and sharing of cultural talents as form of positive entertainment. Cultural activities allowed
in jails include dance, singing, theatre/drama, and art workshops. Also, through this program, PDL
experience some sense of social normalcy through the communal celebrations of socio-cultural events
like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day, Christmas, Lent and Easter, Ramadan, local
festivals and other similar activities.

I. Paralegal Program

The main objective of the Paralegal Program is to address the overcrowding in jail facilities. Through the
paralegal program, PDL are assisted in availing of the different early modes of release. Regional and jail
paralegal officers conduct continuous informative seminars/orientations to PDL on their rights, modes of
early release, and other paralegal/legal remedies which can be availed of by them. Other paralegal
services include paralegal counseling and case follow-up in the courts by the jail paralegal officers.

J. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and
respective families. This service enables the PDL to connect with his/her family through a supervised
video call and chat. The program is conceptualized specifically to cater to PDL whose family members
cannot go to the jail for actual visit because of the long distance to the jail from the residence or
workplace of the family members. However, in case of jail lockdown by reason of public health
emergency where visitation is suspended, all PDL are allowed to use the e-dalaw to communicate with
their families on equitable rotation basis.

Support Services

A. Human Rights Desks

Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human Rights Affairs
Officer. The main function of the Human Rights Desk is to receive complaints concerning human rights
violations from PDL and visitors and to report the complaints thru the appropriate reporting system to
the concerned BJMP offices and to the Commission on Human Rights for investigation and appropriate
action.

B. Help Desk

In line with the government’s policy of providing timely and speedy access to government services, each
jail facility has established its own Help Desk managed by a designated Held Desk Officer. The Help Desk
functions as a referral unit where PDL and visitors can lodge their request for assistance concerning
personal or family needs. These requests are evaluated by the Help Desk Officer and all requests for
assistance that cannot be addressed by the jail are referred to the concerned government agencies for
appropriate action.

C. Refferals for Aftercare

Although BJMP recognizes the importance of aftercare program for PDL to be released for them to start
a new, it is limited only to providing welfare and developmental programs to PDL while they are in
custody. Nevertheless, to ensure continuity of care of PDL upon release, the jail unit Welfare and
Development Officer facilitate referrals to different community resources. These referrals addressed to
the local government units, non-government organizations and the business sector usually include but
not limited to seeking immediate financial assistance for PDL’s repatriation, employment/livelihood
assistance, educational/vocational training scholarships, medical and psychological interventions.

Special Program for Vulnerable Groups

A. Services for Pregnant PDL

Pregnant PDL, by reason of their medical condition, are given special attention by the jail nurses to
ensure compliance to pre-natal and post-natal care, timely provision of other pregnancy-related needs,
and assistance for the care of the newborn until the latter is endorsed to the immediate family or
accredited child-caring agency.

B. Services for Senior Citizen PDL and PDL with Disabilities

In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities from
discrimination and establishing functional priority lanes for them, the primary policy is to link them to
the local Office of Senior Citizen Affairs Office (OSCA) and Person with Disability Affairs Office (PDAO) for
the acquisition of their respective Identification Cards. The respective identification cards issued by the
local government unit are the PDL’s access key to the different services for senior citizens and persons
with disabilities mandated by the Senior Citizen’s Act and Magna Carta for Persons with Disabilities.

C. Services for PDL with other Special Needs

PDL who are members of the LGBT community maybe segregated from the general population in terms
of housing to prevent potential mistreatments towards them by reason of their gender expression and
other vulnerabilities. Nevertheless, they receive the same programs and services provided to the general
population and they are encouraged to participate fully in the socio-cultural activities of the jail.

D. Mental Health Services

In general, preventive mental health aimed at reducing incidence of mental health disorders and
developing positive coping mechanisms are provided to all PDL. Preventive mental health interventions
include informative seminars on stress management, psycho-educational counseling and other
supportive psychological group activities. Likewise, psycho-social support services or stress debriefing to
address trauma are facilitated for PDL after the occurrence of untoward jail incidents or in the aftermath
of devastating calamities directly affecting the PDL.

E. Drug Counseling for PDL with Substance use Disorder

PDL with substance use disorder or have history of illegal drug use and who were granted plea
bargaining under A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan Kontra
Droga sa Komunidad (KKDK) approach. The KKDK is a psycho-educational drug counseling program
developed consisting of twenty-four (24) modules: eighteen (18) modules to be completed by the PDL in
a small group setting with fellow PDL and six (6) family modules to be participated by the PDL’s family.
The drug counseling runs for maximum duration of four (4) months.

11. DEFINITION OF TERMS

DEFINITION OF TERMS - As used in this Manual, the

following terms are defined:

Alcoholics - those inmates who suffer from alcoholism or those engaged

in the improper compulsive intake of alcohol which may result in physical,

social and behavioral problems.

Bisexual - are those inmates who have a sexual attraction or sexual

behavior toward both males and females, and may also encompass sexual

attraction to people of any gender identity or to a person irrespective of

that person’s biological sex or gender.

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

personal and criminal records of inmates, documents related to his/her

incarceration such as but not limited to: commitment order, subpoenas,

personal identification, orders from the court, and all other papers

necessarily connected with the detention of an inmate.

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

“Youth Offender” - a person under eighteen (18) years old who is alleged

as, accused of or adjudged as having committed an offense under the

Philippine laws.

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

supervision of all custodial functions.

City Jail - is a facility or a place of confinement for those inmates who are

sentenced with a penalty from (1) one day to three (3) year imprisonment.

Clustering of Jails - the designation of a municipal or city Jail as a facility

for one or more adjacent municipalities in order to maximize the utilization

of personnel and other resources. The “host” city or municipality is named

as a district to accommodate inmates from the municipalities clustered to it.

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

authorized by law to issue, entrusting an inmate to a jail for the purpose of

safekeeping during the pendency of his/her case.

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

forbidden by jail rules that would pose as security hazards or endanger the

lives of inmates.

Conjugal Visitation – refers to the visit by the wife for a short period,

usually an hour, more or less, to her incarcerated husband during which

they are allowed privacy and are generally understood to have sexual

contact.

Detainee - a person who is accused before a court or competent authority

and is temporarily confined in jail while undergoing or awaiting

investigation, trial, or final judgment.

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

from a city or clustered municipalities who are waiting or undergoing trial

or serving sentence of one (1) day to three (3) years.

Drug Dependents - are those inmates who have a psychological craving

for habituation to and abuse of or physiologic reliance on a chemical/drug

substance.

Drug Users - are those inmates who take substances/drugs that can alter

their body and mind works.

Escape-Prone Inmates - are inmates who are likely and have the

tendency to escape from the jail facility.

Gay - is a male homosexual inmate, who experiences romantic love or

sexual attraction to fellow male inmates.

High Risk Inmates in BJMP Jails - are those considered as highly

dangerous or with high probability of escaping or being rescued because of

the gravity of the crimes they are accused of or have a propensity for being

troublemakers or initiators of jail riots and disturbance and who require a

high degree of control and supervision. Particularly included herein are

those charged with heinous crimes, such as murder, terrorism, kidnap for

ransom, violation of R.A. No. 9165, the imposable penalty for which is from

life imprisonment to death, etc. These also include those who have a record

of escaping from jails, recidivists, habitual delinquents, and those with

severe personality or emotional disorders that make them dangerous to

their fellow inmates or the jail personnel.

High Profile Inmates in BJMP Jails - are those who are not necessarily

charged with heinous crimes but are prominent figures in society or public

figures whose cases have drawn public interest.

Infirmed Inmates - are those inmates who are physically or mentally

weak for a prolonged period of time specifically caused by age or illness.

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

Inmates with Disability - are those inmates who have an impairment

that may be physical, cognitive, mental, sensory, emotional, developmental,

or some combination of these.

Inmates with Other Nationalities - are those inmates who are foreign

nationals.

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

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

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

any fugitive from justice, or person detained awaiting or undergoing

investigation or trial and/or pending transfer to the National Penitentiary,

and/or violent, mentally ill person who endangers him/herself or the safety

of others, duly certified as such by the proper medical or health officer,

pending transfer to a mental institution.

Jail Aide – is an inmate who requires less supervision than other inmates.
Although he/she may be assigned special tasks, he/she has no special

privileges, and is not allowed to work alone nor exercise any authority over

other inmates.

Jail Incident -any untoward or uncommon actions, events, or conditions

such as jail break, riot, noise barrage, stabbing or assault upon personnel

that occurs in jail and perpetrated by any person, which may or may not

have followed or depended upon another action of grave or serious

consequences such as escape, injury, death, fire, flood, earthquake, or

other calamity which affects the jail.

Jailbreak - the escape from jail by more than two (2) inmates by the use

of force, threat, violence or deceit or by breaching security barriers such as

by scaling the perimeter fence, by tunneling and/or by other similar means

or by burning or destructing of the facility or a portion of the facility with or

without the aid of jail officer or any other person.

Jail escape - it is an act of leaving from jail of an inmate through unofficial

and illegal ways or without any legal order from the authorities.

Jail Warden - person charged with the overall operational and

administrative control of jail.

Illegal Contraband- are those that are unlawful in themselves and not

because of some extraneous circumstances (i.e. dangerous drugs,

weapons, potential weapons, explosives).

Lesbian - is a female homosexual inmate, who experiences romantic love

or sexual attraction to fellow female inmates.

Mentally ill - are those inmates who suffer from mental illness and

afflicted with or exhibiting irrationality and mental unsoundness.

Mittimus Order - a warrant issued by a court bearing its seal and the

signature of the judge, directing the jail or prison authorities to receive

inmates for the service of sentence.

Municipal Jail - is a facility or a place of confinement for those who are

sentenced with a penalty for a term not exceeding six (6) month

imprisonment.

Nuisance Contraband - are those that may not be classified as illegal

under the Philippine laws but are forbidden by jail rules i.e. cellphone,

money or other commodities of exchange such as jewelry, appliances and

gadgets, excessive wearing apparels and sleeping paraphernalia,

intoxicating liquors, cigarettes, pornographic materials, gambling

paraphernalia and other products that are considered as instruments for

vices since they threaten the security, fire safety, sanitation of the facility,

and the orderly activities of the jail.

Offender - refers to a person who is accused of violating or transgressing

laws and ordinances passed by competent authorities in the Philippines.

Officer - in general, the term officer shall refer to all uniformed personnel

of the BJMP; when referring to rank, however, the term officer shall refer to
those holding the rank of jail inspector and above.

Penology - a branch of criminology dealing with jail management and

administration of inmates.

Pregnant Inmates - a female inmate bearing a developing embryo, fetus,

or unborn offspring within her body.

Prisoner - an inmate who is convicted by final judgment.

Provincial Jail – is a facility or a place of confinement for inmates who are

sentenced with imprisonment from six (6) months and (1) one to three (3)

year imprisonment.

Provincial Jail Administrator - refers to the official duly designated to

head the BJMP Provincial Jail Administrator’s Office and to oversee the

implementation of jail services of all district, city and municipal jails within

its territorial jurisdiction.

Reformation - means amending or improving by changing inmate's

behavior or removing his or her faults or abuse and removing or correcting

an abuse a wrong or error.

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

BJMP Regional Office, to oversee the implementation of jail services within

his/her jurisdiction covering provincial jail administrator’s offices, district,

city and municipal jails, and to ensure the enforcement of laws and

regulations related to the functions his or her office as mandated of him or

her.

Regional Office- means an office, which has administrative and

operational control over its provincial jail administrator’s offices, district, city

and municipal jails.

Rehabilitation - a program of activity directed to restore an inmate’s self-respect and sense of

responsibility to the community, thereby making

him/her a law-abiding citizen after serving his/her sentence.

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

protection from the community he or she comes from, and for the
community he or she comes from.

Senior Citizens Inmates - are those inmates who have reached sixty

years old, or those who have retired from work, and those who generally

belong to the "old age" bracket.

Sex Offenders - are those inmates who committed crimes involving sex,

including rape, molestation, pedophilia, sexual harassment and

pornography production or distributions.

Sexual Deviates - inmates who have a type of mental disorder

characterized by a preference for or obsession with unusual sexual

practices, as pedophilia, sadomasochism, or exhibitionism or inmates whose

sexual practices are socially prohibited.

Suicidal Inmates - are those inmates who have a tendency to commit

suicide or to harm themselves.

Sodomy- the penetration of one’s penis into the anal orifice of another, commonly
prohibited in Jails and Prisons but undeniably happens.

Transgender - are those inmates whose gender identity or gender

expression does not match with their innate sexual identity.

Transfer -the delivery, notwithstanding his/her or their appeal, of an

inmate or inmates sentenced to more than three (3) year imprisonment,

from any BJMP manned jail to any of the Bureau of Corrections (BuCor)

prisons or penal farms or the delivery of an inmate/s from BJMP-manned

jail to another jail facility.

12. DOCUMENTS IN COMMITTING A PDL TO BJMP

REQUIREMENTS FOR COMMITMENT - No person shall be committed to any jail facility without the
following required documents:

a. Commitment Order;

b. Medical Certificate - recent medical certificate taken within 24 hours prior to admission;

c. Complaint/Information;

d. Police Booking Sheet; and

e. Certificate of Detention from PNP and/or NBI

f. certificate of negative result of swab or RTPCR test for covid 19

g. certificate of quarantine

13. CLASSIFICATION OF INMATE/PDL

DUTIES AND FUNCTIONS OF THE CLASSIFICATION BOARD - The Classification Board is tasked to conduct
background investigation of

inmates to determine the cell assignment, the appropriate rehabilitative program,

the type of supervision and degree of custody and restrictions applicable to the

inmate/s. The investigation shall focus on the following:

a. Facts and data of the present case;

b. Inmate's recent criminal history and the facts about the inmate's

attitudes and behavior while confined in other institutions, if the inmate

is a recidivist or a habitual delinquent;

c. Biography or life history;

d. Medical History;

e. Vocational, recreational, educational and religious

background/interests; and

f. Psychological characteristics as evaluated by the psychiatrist and

psychologist.

The inmate is required to appear before the Classification Board for

validation of his/her profile. Upon completion of the classification assessment, the

inmate is then apprised of his/her cell assignment and welfare programs

appropriate for him/her. He/she is asked if he/she is willing to undergo this

program for his/her own good. If he/she is willing, the Board will see to it that the

program planned for the inmate is followed. Then the inmate is assigned to his/her

cell according to the approved classification.

CLASSIFICATION PROCESS

a. Admission of Inmate - Once the inmate has undergone the

registration process; he/she will be temporarily housed at the Inmate Classification

and Counseling Unit (ICCU) in jails where it is available. The inmate shall stay at

the ICCU for a minimum period of thirty (30) days but not exceeding sixty (60) days
or until the completion of the classification process. At the ICCU, the newly

committed inmate will undergo assessment by the different health professionals.

b. Medical Examination - The jail medical Officer or the jail officer

designated nurse of the Health Unit will conduct a thorough physical examination

on the newly committed inmate and will note down significant bodily marks, scars,

tattoos and lesions based on the medical certificate presented by the committing

officer. He or she must ensure that his/her findings are congruent to the medical

certificate presented. Any discrepancy shall warrant further investigation by and

reporting of the same to the CHR.

c. Results of the medical examination shall be recorded and shall bear

the signature of the physician or nurse who conducted the examination. Medical

issues will be attended to accordingly.

d. Dental Examination - The jail dentist shall perform a thorough

dental examination and recording of his or her findings. The record shall bear the
signature of the dentist who conducted the examination. Dental issues that need

immediate attention shall be so attended to accordingly.

e. Psychological Examination - The jail psychologist-in-charge

shall conduct psychological examination to determine the inmate’s psychological

state at the time of examination. Results will be recorded in the psychologist’s

logbook or in the health assessment card/HAS and shall bear the signature of the

psychologist who conducted the examination.

f. Social Case Study - The jail social worker at the ICCU shall

conduct in-depth interview with the newly admitted inmate, an interview that

considers the "who the inmate is" from birth up to the present including his/her

familial, educational, social, vocational and other issues that has an impact on

his/her personality. The findings will be recorded and shall bear the signature of the

social worker who conducted the assessment. In jails without ICCU, the interview

will be done by the social worker-in-charge upon the order of the court or as

requested by the medical officer, the psychiatrist or the duly designated jail warden
for specific purposes.

g. Risk Assessment - A risk assessment tool shall be utilized to

determine the level of violence/risk the inmate poses, either external or internal.

This will help in the proper classification and segregation of inmates and in the

design of specific development plans.

h. Psychiatric Evaluation - Using the results of the psychological

examination, social case study, and risk assessment, the psychiatrist conducts a

psychiatric evaluation to determine the present mental state of the inmate and to

diagnose any existing psychiatric illness for further treatment. The result will be

recorded and shall bear the signature of the psychiatrist who conducted the

examination.

The inmate shall undergo psychiatric evaluation under the following

conditions:

1. The jail psychologist refers the inmate for further evaluation;

2. The court orders the psychological/psychiatric evaluation of the

inmate;

3. The inmate was/is manifesting behavioral oddities;

4. The inmate discloses or admits upon inquiry by the admitting

health staff that he/she had previous psychiatric consultation or

had undergone psychiatric treatment;

5. The inmate discloses or admits upon inquiry by the admitting

health staff that he/she had attempted to commit or had

committed suicide or that he or she has noticeable body marks or

scars indicating history of suicidal behavior;

6. The inmate discloses or admits that he or she has a history of

recent torture, or he or she has been a victim of physical abuse or

domestic violence;

7. The inmate discloses upon inquiry by the health staff that he/she

has recently ingested/abused illicit substances or that he or she is

an alcohol or other illicit substance dependent;

8. The disciplinary board referred the inmate for further evaluation

and management; and

9. The inmate is a recidivist for heinous crimes or was charged of a

sexual offense or was considered as violent sex offender.

The working diagnosis will be recorded at the inmate’s health

assessment card and the details of the examination will be written in the

psychiatrist’s logbook provided by the jail health unit. Every examination result shall

bear the signature of the examining psychiatrist.

i. Case Management - Each inmate will be assigned to a specific

case manager who may either be a psychologist, a social worker or a nurse. The

case manager shall be responsible for the consolidation of all the results and shall

make the proper decision as to the classification of the inmates and the

identification development programs for each inmate.

j. Inmate Orientation and Counseling - While undergoing

assessment, the inmate shall be oriented on the basic jail rules and regulations.

He/she shall be introduced to the different development programs that would best

promote his/her personal growth.

In this phase, the newly committed inmate shall likewise undergo

counseling for him/her to develop better coping skills thereby preventing

psychological imbalance in the early phase of incarceration.

k. Inmate Evaluation and Classification - Using the different

tools of assessment, the newly committed inmate will now be classified based on

the level of risk and present physical, mental and emotional state.

l. Proper Cell Assignment and Development Plans - After the

inmate has undergone all the assessments, his/her case manager shall consolidate

all the results. Based on the results of the final evaluation, the inmate may then be

assigned to the cell that is deemed best for his/her growth and well-being.

m. The newly committed inmate is encouraged to participate in

the recommended development programs.

n. Monitoring - After the inmate has been transferred to his/her

assigned cell and has been attending the prescribed development programs, the

case manager shall periodically monitor, and change and enhance inmate's

development program/s depending on his or her behavioral progress.

14. TREATMENT OF INMATES WITH SPECIAL NEEDS

TREATMENT OF INMATES WITH SPECIAL NEEDS

The United Nations Standard Minimum Rules for the Treatment of Prisoners

provides that “so far as possible, separate institutions or separate sections of an

institution shall be used for the treatment of the different classes of prisoners”. The

BJMP has adhered to this principle since its creation. However, the rise in criminality

in recent years, coupled with the passage of more stringent laws (especially for

drug-related offenses) and the adoption of better crime solution methods resulted

in a marked increase in inmate population in BJMP detention centers. The lack of

funds to expand existing jails or to build new ones aggravates the situation. This
rule, therefore, provides guidance to wardens and jail officers treating unusual

inmates or those with special needs, given the limited resources.

BASIC POLICY - As a general rule, inmates with special

needs should not be held in jails with other “regular” inmates. For example, female

inmates should be confined in institutions separate from those used for males, and

male youth offenders should not be mixed with adult offenders. However, given

the reality relative to budget constraints, increasing inmate population, insufficient

facilities and inadequately equipped detention homes, wardens and jail officers shall

endeavor to provide the best arrangement they can make for such inmates, in

keeping with this rule. It is assumed that the inmates have been properly

evaluated and classified for this purpose.

. HANDLING INMATES WITH SPECIAL NEEDS - The

following guidelines shall be observed in handling inmates with special needs:

1. Female
a. The female dorm should be completely separated from the male dorm;

b. A female personnel shall be designated to keep the keys of the female

dorms;

c. Only work suitable to their age and physical condition should be assigned to

female inmates;

d. No male inmate shall be allowed to enter the female dorm;

e. Male personnel must provide female inmate with utmost privacy and

respect for personal space;

f. No male jail personnel should be allowed to enter the female dorm except

in emergency cases or when necessary;

g. Searches shall be performed by female personnel trained in the conduct

of appropriate searching methods, shall be made in accordance with

established rules, and shall be provided with privacy during the procedure;

h. Medical/physical examination shall be performed by female health

personnel. In the absence of a female health staff, the examination shall be

performed by male health personnel in the presence of a female staff;

and

i. Female inmates shall be provided with the opportunity to avail themselves

of all programs and activities male inmates are provided with.

2. Drug Users/Dependents/Alcoholics

a. Inmates found to be drug users/dependents/alcoholics should be

segregated from other inmates, especially during the withdrawal period;

b. Inmates undergoing drug/alcohol withdrawal must be referred to the jail

psychiatrist, physician or nurse for evaluation and management;

c. Appropriate measures should be taken to enable inmates to follow strictly

the jail physician’s advice regarding diet and other medical

interventions/treatments during the withdrawal period;

d. Maintain close supervision over inmates to prevent attempts to commit

suicide or self-mutilation by designating jail personnel trained to manage

such cases; and

e. Conducts a regular search of the inmate’s dorm and maintain constant

alertness to prevent the smuggling of narcotics, liquors and other

dangerous drugs.

3. Mentally-ill

a. Inmates manifesting signs and symptoms of mental illness must be referred

to the jail psychiatrist for evaluation and treatment;

b. Disturbed inmates (mentally-ill inmates) should be transferred to mental

institutions for proper psychiatric treatment upon the issuance of a court

order;

c. Close supervision and medical management of mentally-ill inmates should

be maintained by a jail medical personnel;

d. Place the mentally-ill inmates in separate dorms or in a special restraint

room provided for violent cases; and

e. Maintain close supervision over inmates to guard against suicidal attempts

or violent attacks on others.

4. Lesbian, Gay, Bisexual, Transgender (LGBT)

a. Segregate LGBTs to prevent their maltreatment and abuse by other

inmates and to prevent them from maltreating and abusing other inmates.

5. Sex Offenders

a. Inmates charged with sexually-related crimes should be segregated to

prevent them from taking advantage of other inmates; and

b. Maintain close supervision and control.

6. Suicidal Inmates

a. Inmates manifesting signs and symptoms of depression/suicidal tendency

must be referred to the jail psychiatrist for evaluation and management;

b. Inmate who attempts to commit or has attempted to commit suicide must

be transferred to a government psychiatric hospital immediately upon

issuance of court order;

c. Maintain close supervision over suicidal inmates at all times and designate

personnel trained to handle such cases; and

d. Subject them to frequent strip/frisk searches, and greyhound operation for

tools/materials that can be used for suicide.

7. Sex Deviates

a. Homosexuals should be segregated immediately to prevent them from

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

and

b. Likewise, other sex deviates should be separated from other inmates for

closer supervision and control.

8. Escape-Prone Inmates

a. Escape-prone inmates should be held in the most secure quarters,

preferably in single-inmate cells, to minimize their contact with one

another;

b. Their conduct/behavior should be closely watched/observed during and

after visiting hours and their activities, closely monitored;

c. They should be frequently strip searched and their quarters frequently

inspected;

d. Special attention should be given to the examination of items recovered

from strip searches; and

e. Telephone calls must be restricted and only calls that can be monitored

through an extension line shall be allowed.

9. Inmates with Disability

a. Inmates with disability should be segregated and closely supervised to

protect them from maltreatment and any form of abuse by other inmates,

personnel and visitors;

b. Individual case management and special activities should be developed and

conducted to address distinct of the inmates;

c. Collaboration with other government agencies should be done to ensure

that disabled inmates are provided with the services and benefits

contemplated under the Magna Carta for disabled persons; and

d. Tasks related to self-care of inmates with disability shall be supervised and

assisted to avoid potential self-harm or accidents.

10. Children in Conflict with the Law (CICL)

Pursuant to the RA 9344, CICL shall not be confined in jails. Hence, serious

efforts shall be exerted by Wardens to immediately transfer the custody of

any CICL to a Youth Detention Home or Youth Rehabilitation Center.

a. Upon admission, CICL shall be subjected to a thorough physical

examination. The results of such examination shall form part of the

records of the case of the CICL;

b. Provide a separate detention cell for CICL;

c. Continuously coordinate with the Public Attorney’s Office (PAO) for the

provision of paralegal assistance to expedite CICL cases;

d. Continuous coordination and follow-up of CICL cases should be made

facilitate the provision of appropriate intervention programs by the

DSWD;

e. The “Law on Proportionality" in the implementation of rehabilitation

programs should be observed making said rehabilitation programs distinct

and different from those given to adult inmates;

f. Unless absolutely necessary, a child in conflict with law should not be

handcuffed nor other instruments of restraint applied on him/her, when

he or she attends hearings or when he or she is brought to the hospital

or is transferred to other institutions;

g. The use of vulgar or profane words should be avoided in dealing CICL;

h. CICL should not be required to wear prison uniforms; and

i. Upon release from confinement, the records of the CICL shall be sealed,

and at an appropriate time, expunged.

11. Senior Citizen Inmates

a. Senior citizen inmates should be segregated and close supervised to

protect them from maltreatment and other forms of abuse by other

inmates;

b. Individual case management strategies should be developed and adopted

to respond to the special needs of elderly inmates;

c. Collaboration with other government agencies and community-based

senior citizen organizations should be done to ensure that the services

due the senior citizen inmates are provided; and

d. Senior citizen inmates should be made to do tasks deemed fit and

appropriate, their age, capability, and physical condition considered.

12. Infirm Inmates

a. Inmates with contagious diseases must be segregated to prevent the

spread of said contagious diseases;

b. Infirm inmates should be referred to the jail physician or nurse for

evaluation and management; and

c. Infirm inmates must be closely monitored and provide with appropriate

medication and utmost care.

13. Pregnant Inmates/Female Inmates with Infants

a. Pregnant inmates must be referred to jail physician or nurse for pre-natal

examination;

b. They should be given tasks that are deemed fit and proper, their physical

limitations, considered;

c. During active labor, pregnant inmates should be transferred nearest

government hospital;

d. Treatment of mother and her infant/s shall be in accordance with the

BJMP Policy (Refer to DIWD Manual); and

e. Female inmates with infants shall be provided with ample privacy during

breastfeeding activity.

14. Inmates of Other Nationalities

a. The Warden shall report in writing to the Bureau of Immigration and the

respective embassies of the detained foreigners the following:

1) Name of Jail;

2) Name of Foreigner;

3) Nationality and the number of his/her Alien Certificate of Registration,

if any;

4) Age/Sex;

5) Offense Charged;

6) Case Number;

7) Court/Branch;

8) Status of Case; and

9) Additional data information.

15. PUNISHABLE ACTS IN JAILS

PUNISHABLE ACTS - An inmate is strictly prohibited from

committing any of the following acts:

1. MINOR OFFENSES:

a. Selling or bartering with fellow inmate(s) those items not classified

as contraband;

b. Rendering personal service to fellow inmate(s);

c. Untidy or dirty personal appearance;

d. Littering or failing to maintain cleanliness and orderliness in his/her

quarters and/or surroundings;

e. Making frivolous or groundless complaints;

f. Taking the cudgels for or reporting complaints on behalf of other

inmates;

g. Reporting late for inmate formation and inmate headcount without

justifiable reasons; and

h. Willful waste of food.

2. LESS GRAVE OFFENSES:

a. Failure to report for work detail without sufficient justification;

b. Failure to render assistance to an injured personnel or inmate;

c. Failure to assist in putting out fires inside the jail;

d. Behaving improperly or acting boisterously during religious, social

and other group functions;

e. Swearing, cursing or using profane or defamatory language

directed at other persons;

f. Malingering or pretending to be sick to skip work assignment;

g. Spreading rumors or malicious intrigues to besmirch the honor of

any person, particularly BJMP personnel;

h. Failure to stand at attention and give due respect when confronted

by or reporting to any BJMP personnel;

i. Forcing fellow inmates to render personal service to him/her and/or

to others;

j. Exchanging uniforms or wearing clothes other than those issued to

him/her for the purpose of circumventing jail rules;

k. Loitering or being in an unauthorized place;

l. Using the telephone without authority from the desk

officer/warden;

m. Writing, defacing, or drawing on walls, floors or any furniture or

equipment;

n. Withholding information, which may be inimical or prejudicial to the

jail administration;

o. Possession of lewd or pornographic literature and/or photographs;

p. Absence from cell, brigade, place of work during headcount, or at

any time without justifiable reason; and

q. Failure to turn over any implement/article/s issued after work

detail.

3. GRAVE OFFENSES:
a. Making untruthful statements or lies in any official communication,

transaction, or investigation;

b. Keeping or concealing keys or locks of places in the jail which are

off-limits to inmates;

c. Giving gifts, selling, or bartering items with jail personnel;

d. Keeping in his/her possession money, jewelry, cellular phones or

other communication devices and other items classified as

contraband under the rules;

e. Tattooing others or allowing him/her to be tattooed on any part of

the body, or keeping any paraphernalia to be used in tattooing;

f. Forcibly taking or extorting money from fellow inmates and visitors;

g. Punishing or inflicting injury or any harm upon himself/herself or

other inmates;

h. Receiving, keeping, taking or drinking liquor and prohibited drugs;

i. Making, improvising or keeping any kind of deadly weapon;

j. Concealing or withholding information on plans of attempted

escapes;

k. Unruly conduct and flagrant disregard for discipline and

instructions;

l. Escaping, attempting or planning to escape from the institution or

from any guard;

BJMP Comprehensive Operations Manual Revised 2015

Page 24 Bureau of Jail Management and Penology

m. Helping, aiding or abetting others to escape;

n. Fighting, causing any disturbance or participating therein and/or

agitating to cause such disturbance or riot;

o. Indecent, immoral or lascivious acts by himself/herself or others

and/or allowing himself/herself to be the subject of such indecent,

immoral or lascivious acts;

p. Willful disobedience to a lawful order issued by any BJMP

personnel;

q. Assaulting any BJMP personnel;

r. Damaging any government property or equipment;

s. Participating in kangaroo court, an unauthorized or irregular court

conducted with disregard for or perversion of legal procedures as a

mock court by the inmates in a jail/prison;

t. Affiliating with any gang or faction whose main purpose is to

foment regionalism or to segregate themselves from others;

u. Failing to inform the authorities concerned when afflicted with any

communicable disease, such as tuberculosis, sexually-transmitted

diseases, etc.;

v. Engaging in gambling or any game of chance;

w. Committing any act which violates any law or ordinance, in which

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

and

x. Committing any act prejudicial to good order and discipline.

6. LIMITATIONS ON DISCIPLINARY PUNISHMENT

LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR PDL (INMATES)

INMATES - The Disciplinary Board shall consider the following limitations when

imposing disciplinary punishment:

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

which might affect her unborn or nursing child;

b. No infirm or handicapped offender shall be meted out punishment,

which might affect his/her health or physical well-being;

c. Corporal punishment, confinement in dark or inadequately ventilated

cells and any form of cruel, unusual, inhumane or degrading

punishment are absolutely prohibited;

d. When necessary, the jail physician shall visit the detainee/prisoner

undergoing punishment and shall advise the warden of the need for the

termination of the punishment imposed upon the inmate on grounds of

the inmate's physical or mental health;

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

are not to be applied as a form of punishment. They shall only be used

as a precaution against escape and on medical grounds to prevent an

offender from injuring himself or others;

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

and decisions shall be executed firmly and justly; and

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

misconduct committed by the inmate shall be dealt with accordingly.

In extreme cases where the violation necessitates immediate action,

the warden or the officer of the day may administer the necessary

restraints and report the action he or she has taken to the disciplinary
board.

. PROCEDURES IN THE HEARING OF DISCIPLINARY

CASES - The following procedures shall be followed in the hearing of disciplinary

cases:

a. The aggrieved inmate or any person (visitor, inmate or personnel)

reports the violation to the Desk Officer;

b. The desk officer shall immediately submit a written report to the

warden and the latter shall direct the Investigation Unit to conduct an

investigation within twenty-four (24) hours upon receipt of the

directive. The Investigation Unit shall submit to the Warden their report

together with their recommendations;

c. The warden shall evaluate the report and if he/she believes that there

is no sufficient evidence to support the alleged violation, he/she shall

dismiss the case. If he/she believes that sufficient evidence exists,

he/she shall decide the case and impose the necessary penalty in case

of minor violations. If the offense is less grave or grave, he/she shall

endorse it to the disciplinary board for hearing or decide it

himself/herself as a in his or her capacity as summary disciplinary

officer in the absence of a disciplinary board;

d. The inmate shall be confronted of the reported violation and asked how

he/she pleads to the charge. If he/she admits the violation or pleads

guilty, the Board or the Warden, as the case may be, shall impose the

corresponding authorized disciplinary action;

e. If the inmate denies the charge, a summary hearing shall be held

giving the opportunity for both parties to present their testimonies and

those of their witnesses, if any, and to present evidence to shed light

on the case;

f. After the hearing, the board shall decide with the merits of the case as

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

obey the rules and regulations strictly and be reminded that good

behavior is indispensable for his/her early release and/or the granting

of privileges; and

h. Decisions of the Board are subject to review and approval by the

warden whose decision should be final and executory.

17. MODES OF RELEASE FROM JAIL

1. SERVED SENTENCE

2. BAIL

3. ORDER OF THE COURT

18. PROCEDURE ON RELEASING PDL

PROCEDURE ON RELEASING - The procedures shall be observed

when inmates are to be released from detention.

1. Desk Officer
Upon receipt of release order, the desk officer shall coordinate with

the paralegal officer for verification of the authenticity of said order.

2. Paralegal Officer

Verifies the authenticity of the release order.

3. Records/Admin Officer

a. Starts processing inmate’s release.

b. Checks inmate records to ensure that the data in the release order

coincide with the data in the inmate’s carpeta (spelling of name,

offense, Criminal Case Number, etc.).

c. Checks that the inmate has no other pending case/s.

d. Routes the release paper to different signatories.

4. Property Custodian

1. Checks on the receipt of property and returns to the inmate his/her

deposited items.
2. Makes sure that returned items of the inmate are duly received and

properly recorded.

5. Desk Officer

Records the release of inmate and the condition of the inmate upon

his/her release.

6. Jail Warden

Reports to concerned agencies/persons the release of inmate for

aftercare program. Upon release of the inmate, the warden shall notify

the following agencies/persons:

Barangay Captain - mandatory

Priest or religious minister - mandatory

Family - if release is not witnessed by any

member of immediate family

Court - in case of convicted inmate