CORRECTIONAL ADMINISTRATION, JAIL 2. Must be commensurate with the offense.

AND PRISON MANAGEMENT Different crimes must be punished with different

penalty.
Penology or Penal Science 3. Must be personal. No one should be punish for
– it is the division of criminology that focus with the the crime of another.
philosophy and practice of society in its efforts to 4. Must be certain. No one may escape its effect.
repress criminal activities. 5. Must be legal. This means that due process must
– a sub-component of criminology that deals with the be observed before the imposition of
philosophy and practice of various societies in their punishments.
attempts to repress criminal activities, and satisfy 6. Must be equal for all. This borders on the fact
public opinion via an appropriate treatment regime that the state would have to apply the laws
for persons convicted of criminal offences. without bias and favor and its imposition is
(wikipedia) general.
7. Must be correctional. It must be able to redeem
It is derived from the Latin word “poena” which and uplift the valuable human material and
means “punishment” or “suffering”. (Poine – Greek prevent unnecessary deprivation of liberty and
word meaning pain or penalty) economic usefulness.

Its goal is to; Purpose Of The State In Punishing Crimes

1. bring to light the ethical basis of punishment on The State has an existence of its own to maintain, a
the offender, along with the reason and purpose conscience to assert, and moral principles to be
of society in inflicting it; and vindicated. Penal justice must therefore be exercised
2. To make a relative study of penal laws and e by the State in the service and satisfaction of a duty,
valuate the social consequences of the policies and rests primarily on the moral rightfulness of the
enforce at a given time. punishment inflicted (to secure justice). The basis of
the right to punish violations of penal law is the
Punishment police power of the State.
– a means of social control. Theories Justifying Penalty:
– It is defined as the redress that the state takes 1. Prevention – to prevent or suppress the danger to
against an offending member. the State arising from the criminal act of the offender.
2. Self-defense – so as to protect society from the
Correction threat and wrong inflicted by the criminal.
– is defined as the community’s reaction to a 3. Reformation – the object of punishment in
convicted offender. criminal cases is to correct and reform the offender.
– It deals with the branch of criminal justice, charged 4. Exemplarity – the criminal is punished to serve as
with the responsibility of custody, supervision and an example to deter others from committing crimes.
rehabilitation of the convicts. 5. Justice – that crime must be punished by the State
as an act of retributive justice, a vindication of
In the Philippines the most common punishment absolute right and moral law violated by the criminal
meted to criminal offender is imprisonment.
Three – Fold Purpose Of Penalty Under The
Reclusión perpetua – 20 years and 1 day to 40 Code:
years 1. Retribution or expiation – the penalty is
Reclusión temporal – 12 years and 1 day to 20 commensurate with the gravity of the offense.
years 2. Correction or reformation – shown by the rules
Prisión mayor – 6 years and 1 day to 12 years which regulate the execution of the penalties
Prisión correccional – 6 months and 1 day to 6 consisting in deprivation of liberty.
years 3. Social defense – shown by its inflexible severity
Arresto mayor – 1 month and 1 day to 6 months to recidivists and habitual delinquents.
Arresto menor – 1 day to 30 days
Forms of Punishment during the primitive era:
Different Juridical Conditions of Penalty: 1. Death penalty
– It was carried out by hanging, immersing in
1. Must be productive of suffering without boiling water, burning and feeding to wild
however affecting the integrity of the human animals.
personality. 2. Corporal punishment
 – The offender is inflicted with penalties such as King Ur – Nammu Code (2100 BC)
mutilation, disfiguration, flogging and maiming. – the oldest known law code surviving today.
3. Public humiliation It is written on tablets in the Sumerian language
– It causes shame to the offender wherein they Decreed the imposition of restitution and at the same
are shaved off their hair, branded, and the use of time savage penalties.
stocks, pillory and docking stool. It holds the principle that offenders can be punished
4. Banishment and at the same time to reimburse the victim for the
– The offenders are transported to barren, newly value of whatever has been taken or suffered by him
discovered territory and are not permitted to gain as a result of crime.
re-entry to their homeland. Retribution degraded the offender and restitution
elevated the status of the victim.
Justification of Punishments: It does not carry the death penalty because in case of
1. Retribution – personal vengeance death or physical injuries to the victim, punishment
2. Atonement or Expiation – group vengeance has to be confined only to the financial consequence
3. Deterrence - the offender when punished and of the crime.
inflicted with suffering would learn the lessons
the hard way. HAMMURABIC CODE (1750 BC)
4. Protection - social defense wherein the society - Named after King Hammurabi in Babylonia
would gain protection by putting criminals Enacted as the first formal laws that deals with the
behind bars. imposition of justice known as lex taliones (an eye
5. Reformation – punishment operates by for eye and tooth for a tooth).
attempting to reform and rehabilitate law It consists of 282 laws
violators and would return to the community as It imposes a stiffer penalty against those who are rich
responsible and productive members of society. and powerful than those belongs to lower rungs of the
society. Hammurabic Code, credited as the oldest
Earlier Punishments according to the Bible code, practice by Manama Darma of India, Hermes
1. The first display of punishment is when God Trismegitus of Egypt and Mosaic Code in the Bible
thrown Lucifer and other angels from heaven. particularly the Book of Leviticus of the Old
2. Second, when Adam and Eve broke the law of Testament.
God, they were also thrown out from the Garden
of Eden. MOSAIC CODE
3. Third, when Cain murdered his brother Abel, According to the Book of Exodus, Mosaic Law was
God punished him by placing mark on his brow. given to Moses and the Israelites as part of the
It was a cursed of God upon him. Mosaic Covenant. The Covenant was an agreement
4. Fourth, God punished people for gross violating between the Israelite people and their God. ... Sinai to
His law through great flood which covered the speak with God and receive his law. There, God
Biblical World, wherein it rained for forty (40) passed down the Ten Commandments to Moses,
days and nights. forming the basis of Mosaic Law.
5. Fifth, the destruction of fire and brimstone at – it premised on the concept of retribution, also allow
Sodom and Gomorrah. restitution because it allows the offender and the
victim to come to a settlement under mediation of the
Law of Vendetta – means personal vengeance or legal authorities. The Mosaic Code allowed extreme
revenge. A family whose member was murdered by a punishment such as flogging and burning alive.
member of another family took justice in their hand
by murdering members of the opponent family. Here are some of early forms of punishment:
Rido – Retaliation or “blood feuds” between families - Branding - it is the burning with red hot iron the
and clans. This is the endless killing, which destroy first letter of his offense on his forehead or hand
the two warring families, clan or tribe in the of the culprit;
Philippines. - Flogging – an act of beating or whipping the
Codification of Early Laws culprits of rods, switches, the cat o' nine tails and
three main legal systems of the world the sjambok;
1. Roman Law, - Iron Maiden - it is a hollow form shaped like a
2. Mohammedan or Arabic Law, and, human and made of an iron braced with iron
3. Anglo-American Laws. strips used in torturing suspect to admit the crime
he committed. In this process, the more he
Ancient Codes denied, the more he will sacrifice to death;
- Milk and Honey – a person is encased in a box It is the foundation of all public and private law of
from which his head, hands and feet protruded, the Romans concentrating on relationship between
forcibly feed with milk and honey, smeared to individuals.
his face, and then exposed to the sun for
seventeen days. The person suffered a horrible JUSTINIAN CODE (529 AD)
condition until he had been devoured alive by – Laws created by Byzantine Emperor Justinian I.
insects and vermin which swarmed about him The Byzantine Empire was another name for the
and bred within him. surviving eastern half of the Roman Empire.
Justinian Code became the standard law in all areas
Mithridates – the Persian general was tortured to occupied by the Roman Empire particularly in
death by means of milk and honey. Europe.
This code was an upgraded version of Twelve Tables
GREEK CODE OF DRACO
Also known as Draconian Constitution or Draco’s BURGUNDIAN CODE (The Lex Burgundionum)
Code – refers to the law code of the Burgundians
Draco also called Drako or Drakon, was the first probably issued by king Gundobad.
recorded legislator of Athens in Ancient Greece. influenced by Roman law
He replaced the prevailing system of oral law and it deals with domestic laws concerning marriage and
blood feud by a written code to be enforced only by a inheritance as well as regulating weregild and other
court of law. penalties.
Draco was the first democratic legislator, requested Interaction between Burgundians is treated separately
by the Athenian citizens to be a lawgiver for the city- from interaction between Burgundians and Gallo-
state Romans.
A code that provides the same punishment for both
Greek citizens and the slaves. Weregild also spelled wergild, wergeld
– also known as man price (blood money), was
The punishments inflicted by Greek justice included; established on a person's life, paid as a fine or
compensatory damages to the family when that
Stoning to death person's life is taken or is otherwise injured.
– (John 8.7:, "Let he who is without sin cast the first – the sum at which a man was valued and by the
stone"). payment of which his death could be compensated
The prisoner is buried either up to his waist (if male)
or up to her shoulders (if female) and then pelted with The punishments being imposed in this era
stones by a crowd of volunteers until obviously includes the following:
battered to death. a. Stocks and Pillory – The stocks consist of
The stones must be small enough that death cannot placing boards around the ankles and wrists,
reasonably be expected to result from only one or two whereas, with the pillory, the boards are fixed to
blows, but large enough to cause physical harm. a pole and placed around the arms and neck,
The average execution by stoning is extremely forcing the punished to stand.
painful, lasting at least 10 to 20 minutes. b. Furca - a V-shaped yolk worn around the neck
and where the outstretched arms of the convict
Breaking on the wheel were tied.
– the offender’s body is fastened by metals bands to a c. Underground Cistern - used to detain offenders
board made of wood and then had their bones broken. undergoing trial in some cases and to hold
sentenced offenders where they were starved to
Other forms of punishment imposed by Ancient death;
Greek justice. d. Ergastulum - used to confine slaves where they
Burning alive Strangling were attached to workbenches and forced to do
Poisoning Banishment hard labor in the period of their imprisonment;
Penal (imprisonment) slavery Branding
Payment of fines were THE SECULAR LAWS (4AD)
– These laws were advocated by Christian
LAW OF THE TWELVE TABLES (450 BC) Philosophers St Augustine and St. Thomas Aquinas.
– set of laws inscribed on 12 bronze tablets and set- During this period, three laws were distinguished:
up on the forum External Law (Lex External),
It represents the earliest codification of Roman Law
 Natural Law (Lex Naturalis), and Special Account on Banishment: The banishment of
Human Law (Lex Humana). Russian prisoners to Siberia was known to the world
All these laws are intended for the common good, but today as Gulag Archipelago, which was popularized
the human law only becomes valid if it is does not in a novel by a political prisoner named Alexander
conflict with the other two laws. Solshenitsyn. The Exile to Siberia was Russia’s
unique contribution to the world’s criminal justice
PAPAL DECLARATION ON SANCTUARY by system. The Penal Code of Russia punishes offenders
Pope Innocent VIII (1487AD) to hard labor of four years to life. The Russian
– Decreed that refugee offenders be driven out of the authorities built stockades and depots once every
sanctuary if they used this for committing a crime. fifteen miles from Russia to the places of exile in
Siberia. The distance is about 4,700 to 6,700 miles.
Sanctuaries are maintained by the church for the Prisoners were gathered to travel this distance on
offenders who would seek refuge when they are foot and which took them about three years to reach.
accused of crimes. The prisoners marched heavily chained together.
Casualties were extremely high and very low
A criminal could avoid punishment by claiming percentage reached their place of exile live. Once
refugee in a church for 40 days and at the end of they arrived destination, they were subjected to
which time he was compelled to leave the realm by a severe discipline and hard labors. Their heads were
rod or path assigned to him. After the declaration, shaved and this put added pain of coldness on the icy
sanctuaries began to decline and refuse to admit winter. They were also subjected to a strict rule of
offenders accused of arson, rape, murder and robbery. silence. This form of punishment was abolished in
1901.
PAPAL DECLARATION ON DEATH
PENALTY. PENITENTIARY ACT OF 1779
Pope Leo I – was the first Pope to fully express – introduced a policy of state prisons for the first
approval of death as penalty. time.
 Priscillian was the first recorded – drafted by the prison reformer John Howard and
Christian who was put to death for the jurist William Blackstone
being heretic. – recommended imprisonment as an alternative
sentence to death or transportation
Pope John Paul II – Pro-life Pope, He calls to
reject the death penalty, population control that The WHITE – SLAVE TRAFFIC ACT, or the Mann
results to abortion and use of contraceptives that Act of 1910
are artificial, euthanasia or killing of the – is a United States federal law, passed June 25,
elderly, terminally ill, the infirm, the 1910
handicapped and in the guise of dying with – to engage in interstate or foreign commerce
dignity. transport of "any woman or girl for the purpose of
prostitution or debauchery, or for any other immoral
KING HENRY THE VIII DECREE (1531) - King purpose".
Henry the VIII of Englanddecreed punishments for – Its primary stated intent was to address prostitution,
vagrant and penal slavery to defend the interest of the immorality, and human trafficking
landlord, where the nobility gets their privileged
status in society. During his time, there was an EXEMPTION OF PUNISHMENTS:
exodus of people flocking to the cities from rural
areas considering that capitalism was on the rise and M’nagthen Case, 1843
that the feudalism was on the retreat. – paved the way for the exemption of criminal
liability in England to those withg
TRANSPORTATION AS PUNISHMENT WAS – person suffering from mental illness is exempted
AUTHORIZED (16th Century) from criminal liability.
– Transportation of criminals in England was
authorized. At the end of the century, Russia and Daniel M’Nagthen was charged in court for an
other European countries followed this system. It attempt to assassinate the British Prime Minister
partially relieved overcrowding of prisons. Robert Peel in 1843. He fired a pistol at the back of
Transportation was abandoned later in 1835. Peel’s secretary, Edward Drummond, who died five
days later. The M’Nagthen Rules became the
standard test for criminal liability in relation to
insanity or mental disordered which will be the bases floggings, denial of reading materials and solitary
of exemption to criminal liability. confinement.
- The shower bath was a gadget constructed to
DEVELOPMENT OF CORRECTIONAL drop a volume of water on the head of a locked
INSTITUTION naked offender.
- It became more frequent when flogging was
The Bridewell Institution - Established in 1556 in declared illegal in 1847.
England as a workhouse for vagabonds, idlers, and - The force of the icy cold water hitting the head
rogues. of the offender caused so much pain and extreme
- Gives work for vagrants and prostitutes while shock that prisoners immediately sank into coma
serving their sentences. due to hypothermia or sudden drop in body
- Turned to be very effective workable and temperature.
profitable.
- Lost its usefulness after two centuries because of Auburn System a convoluted version of St. Michael
the banishment. System
- Introduced by the Catholic Church at the
Gaols - are poorly constructed, unsanitary, damp, Hospital of St. Michael during the reign of Pope
drafty or airless, gloomy dungeons, foul smelling Clement XI.
places of detention in England in the early eighteenth - A prototype of the reformatories for juvenile
century. offenders.
- In this place, the inmates are poorly clothed, - It emphasized rehabilitative concept and
without privacy, and the conditions so deplorable pioneered the segregation of prisoners and forced
that diseases thrive. silence to make the prisoners contemplate their
- The modern term “JAIL” originated from this wrongdoings as espoused by the Roman Catholic
word. Church.
- This system employed “congregate
Galleys are long, low, narrow, single-decked ships confinement” where individual inmate is
propelled by sails, usually rowed by criminals when confined in their own cells during the night and
they were meted a sentence of transportation and sent congregate work in shops during the day.
to other territories and continents. While, Complete silence was enforced. Before inmates
were locked in a tiny cell without exercise or any
Hulks are old sailing warships ships converted into activity. Inmate is whipped if he dared to speak
floating prisons anchored in English Port and Thames or make any noise.
Rives. This was popularly known as the “floating
hells.” The Pennsylvania Penal system – originated in
Panopticon is a building plan made by Jeremy 1682 under the leadership of William Penn. It is the
Bentham, which called for a tank-like structure, leading innovator and rival of the Auburn System
covered by a glass roof. The cells were arranged which based on the concept of solitary confinement
around a central apartment from which the custodians (solitary system) and rendering labor. Prisoners are
could keep all cells under close supervision. This was confined in a single cell day and night where they
never built, despite of contact with English live, sleep, eat, and receive religious instructions.
authorities for its construction at state expense. Complete silence was also enforced.
They are required to read the bible.
Mill Bank Penitentiary - a huge, gloomy and many
towered prison, it looked like a thick-spoke wheel, There are three Prison built in Pennsylvania;
containing three (3) miles of corridors and hundreds Walnut State Prison or Walnut Street Jail (1790)
of cells. The cost was at that time (1812-1821) was in Philadelphia is the first prison in the USA. It
nearly two million five hundred (2,000,500,00) established the principles of solitary confinement. It
dollars. This was made possible due to the efforts and houses the worst type of prisoners in separate cells.
revelations of the terrible conditions by crusader The long-term prisoner’s wing of this jail was built
John Howard. with individual cells. Each inmate live, work, and eat
in solitary confinement.
Sing Sing Prison the famous in the entire world and
was the plot of many movies filmed because of the The Nortern Industrial Prison – Located in the
Sing Sing Bath which was inflicted aside from industrial belt of the Northern United States. The
State Penitentiary at McAlester, Oklahoma is an It legalized work release program. After five years, in
example of this type. the State of Mississippi, a law granting a prisoner, a
Three methods used to benefit from prison labor: furlough program was enacted. Many states in the
- Contract System – prisoners were hired out to Unites States began to implement this program after
businessmen or corporation on a daily basis for a enactment of Prisoner Rehabilitation Act of 1965.
set fee per head;
- State Account System – Contractors provide the New York House of Refuge – it is the first juvenile
raw materials and pay the state on a per piece reformatory which was opened in January 1825 and
price for each item produced or manufactured; located in New York City, its purpose was to protect
- State-use system – it is a more risky venture but children from degrading association with hardened
if properly managed, would bring profits to the criminals in the country and state prison.
state. Under this set-up, the state operates the - Boston, founded its house of refuge in 1826 and
business itself in all its aspects. Philadelphia in 1828.
- New Orleans erected its Municipal Boys’
The Southern Agricultural Plantations- located in Reformatory in 1845 and Massachusetts in 1847.
the agricultural deep south of the United States.
- It possess vast of landholdings and use as prison Maconochie’s Mark System – the fundamental
labor to produce agricultural products out of the principle of this system is by reduction of sentences
land. vis-à-vis proper deportment, labor and study. This
- It has a minimal facilities and therefore, was introduced by Captain Alexander Maconochie of
inexpensive to operate. the English Royal Army.
- They employ also “trustees” from minimum
security convicts to beef-up security forces. THE IRISH SYSTEM – Using the “Mark System”
and the incorporations of old practices in English
The Chain Gangs - Under this scheme, prisoners Prisons and Sir Walter Crofton’s program. He was
work in public works outside of the facilities. the first to introduce the “Intermediate Prison” theory
- To secure inmates from escape while outside of individualization of treatment equivalent to parole.
performing works, they were chained together.
- Chain Gang was originally imposed on black Japan Prison Modernization started during the
prisoners. reign of Tokugawa Shogunate when the country came
- In case of violation, prisoners were subjected to; under the occupation of Americans. This pro-
Sweat box - prisoners were put in a steel American Emperor entered into treaties for the
box under the heat of the sun. Also known establishment of Western Style Prison for those
as American Siberia. oppositionist to the provision in the treaty that is
Shot drill is a form of punishment inflicted disadvantageous to the Japanese.
to prisoners by carrying heavy loads from
one place to another and then returned to the Elmira Correctional Facility (1876) - known
same place over and over again everyday. otherwise as "the Hill", is a maximum security prison
Treadmill is a form of punishment where located in New York in the USA. The prison is
the prisoner was continually made to located in Chemung County, New York in the City of
constantly climb the stairs. Prisoners are Elmira. The ultra-maximum-security prison,
made to climb this treadmill continually Southport Correctional Facility is located 2 miles
during the day with prisoners logging up to away from Elmira.
14,000 feet of stairs per day.
Alcatraz Prison – well known as “the rock”, an
The Custody-oriented Prison – it is a remnant of island located in the San Francisco Bay, 1.5 miles
the prisons of the past century where prisoners were (2.4 km) offshore from San Francisco, California.
punished by confining them only to their cells and This small island early-on served as a lighthouse, a
isolating them from the rest of society. military fortification, a military prison, and a Federal
- This was used in super maximum security where Bureau of Prisons until 1963. Later, in 1972,
the occupants were hardened criminals. Alcatraz became a national recreation area and
received landmarking designations in 1976 and 1986.
The Treatment-Oriented Prison – it is almost the
goal of modern penal institutions emerged after the GREAT PERSONALITIES BEHIND HISTORY OF
enactment of Huber Law in the State of Wisconsin CORRECTION
in 1913.
ARISTOTLE(400 BC) -Philosopher from the City-
State of Athens that made the first attempt to explain JEREMY BENTHAM (1748 –1832). He was one of
crime in his book “Nicomedian Ethics.” the greatest leaders in the reform of English Criminal
- He wrote about corrective justice, stating that Law.
punishment is a means of restoring the balance - Believes that whatever punishment designed to
between pleasure and pain. negate whatever pleasure or pain the criminal
- He forwarded the concept of restitution when he derives from crime, the crime rate would go
postulated that corrective justice is a means down.
whereby the suffering of the victim is - He was the one who designed the “Panopticon
compensated. Model,” a prison that consists a large circular
building containing multi-cells around the
WILLIAM PENN(1614-1718) - He fought for periphery.
religious freedom and individual rights.
- He is the first leader to prescribe imprisonment JOHN HOWARD - (1726-1790) - A Sheriff from
as correctional treatment for major offenders and Bedfordshire, England (1773)
responsible for the abolition of death penalty and - He became concerned at the savage and inhuman
torture as a form of punishment. conditions obtaining in his country’s prisons.
- He recommended that the facility for children
CHARLES MONTESIQIEU (1689–1755) - A and women will be separated from other
French historian and philosopher who analyzed law offenders, provision of sanitation facility and
as an expression of justice. adequate salary for jailers so that they will not
- He believe that harsh punishment would extract money from the prisoners.
undermine morality and that appealing to moral - His recommendations were incorporated into the
sentiments as a better means of preventing Penitentiary Act of 1779 and adopted as standard
crimes. procedure in the first modern prison constructed
in the year 1785 in Norfolk, England.
VOLTAIRE or also known FRANCOIS MARIE
AROUET (1694–1778) - He was the most versatile ALEXANDER MACONOCHIE – Superintendent
of all philosophers during this period. He believes of the Penal Colony at Norfolk Island in Australia
that fear of shame was a deterrent to crime. (1840)
- He fought the legality-sanctioned practice of - He introduced “Mark System,” a system in
torture. which prisoner was required to earn a number of
marks based on proper department, labor and
CESARE BONESA, MARCHESE de study in order to entitle him for a ticket for leave
BECARRIA(1738–1794). or conditional release which is similar to parole.
- Author, “An Essay on Crimes and Punishment,”
the most exciting essay on law during this MANUEL MONTESIMOS– Director of Prison in
century representing the humanistic goal of law. Valencia, Spain (1835)
- He also wrote that education, not punishment, is - He divided the number of prisoners into
the surest, although the most difficult, means of companies and appointed certain prisoners as
preventing crime. petty officers in-charge, which allowed good
behavior to prepare the convict for gradual
CESARE LOMBROSO - Positivist School of release.
Criminology
- Father of Criminology ENRICO FERRI (Italian) - one of the most
- He strongly objected to the classical school’s prominent followers of Lombroso.
view that punishment could be made to “fit the - Stated that it is noble mission to oppose the
crime” by fixing sentences that are tied strictly to ferocious penalties of the middle ages but it is
the nature of criminal acts. still nobler to forestall crime.
- He described that crime is a social phenomenon. - Argued that since the causes of crime could be
o Giuseppe Villella – a notorious brigand. identified and isolated, he calculated that it could
After he died in prison in 1872, Lombroso be controlled through prevention. He opined that
conducted Post-Mortem Examination on the best preventive measure is through the
the corpse of the bandit and found a distinct reformation of the society.
depression, which is found only to inferior
animals.
HENRY A. HUBER - (1869–1933) - Born in Sir Walter Crofton – In 1856 as Chairman of
Evergreen, Pennsylvania in 1869,he graduated from Directors of Irish prisons, he introduced the
the University of Wisconsin–Madison in 1892 and set progressive stage system. It was also referred to as
up a law practice in Stoughton. the Irish System, which is implemented in three
- He served as a Republican in the Wisconsin State distinct stages aimed to lessen the period of
Assembly from 1905 until 1906, and in the state imprisonment of the convicts. The
senate from 1913 until 1924.  first stage would entail confinement for nine
- Gained national recognition for writing the months with reduced prison diet monotonous
Huber Law of 1913, which allowed county work during the first months while education,
prisoners to be employed during the day; he is an interesting work and better treatment were
also known for introducing landmark accorded the convicts during the last months of
unemployment legislation. He later served four the first stage.
terms as Lieutenant Governor of Wisconsin,  The second stage was assignment to works at
from 1925 until 1933, under four different Spike Island, and with exceptional work and
governors. He died in January 1933. exemplary behavior marks or grades were
given and the period of confinement was
ROBERT DUGDALE – he conducted a study in lessened. Lastly,
1877 regarding a New York Families whose lineage  the third stage is prepared for release while
produced a lot of criminals. staying at Lurk Island wherein they are given
- He assumed that heredity is the underlying and exposed to freedom. After a manifest
factor due to condition of the family and reformation the prisoner is then set free. Sir
environment is a contributory factor. Crofton made a system wherein the
REFORMATORY MOVEMENT: The progressive responsibility of self-improvement was vested
development of the prison systems came at the to the prisoners themselves through successive
middle of the 19th century. However several stages.
proponents for reform emerged in Europe who
contributed and lead to significant progress, they Z.R. Brockway – he was the superintendent at the
were as follows: Elmira Reformatory in New York. He introduced a
system of grades for prisoners. A three grade system
Frederic Auguste Demetz (Dometz of France) for prisoners aged 16-30 was given. The second
(1796–1873) – was a French penal reformer and grades are for first time offenders and after six
jurist. He toured the United States in 1836 to study months of exemplary behavior they would be
progressive American prison architecture and promoted to first grade. Prisoners at the first grade
administration. In result, a prison farm for juvenile with manifestation of good behavior for a period of
offenders was established. It was conceived by both six months would be eligible for parole. In cases of
men and directed by Demetz, as a prison without undisciplined prisoners they were demoted to the
walls. The boys were confined in cottages with an third grade wherein one month of good conduct is
appointed house fathers so supervise them. If focused necessary for reclassification to the higher grade.
on re-education rather than the imposition of punitive
measures. Manuel Montesinons – Prison director at Valencia
Spain who is 1835 organized the prisoners into
Alexander Maconochie – assigned as superintendent companies and appointed a petty officer in charge.
of the English Penal colony located at Norfolk Island An hour of academic classes was also imposed on
in Australia. He advocated humane treatment of the prisoners less than 20 years of age.
convicts as opposed to corporal punishment. His
progressive move was noted when the convicts after Sir Evelyn Ruggles Brise (1857 – 1935) – a prison
good behavior were given marks and after commissioner who introduces the system (Borstal
accumulating the required number, a ticket to leave Institution) and the first such institution was
was issued to deserving convicts. This was equivalent established at Borstal Prison in a village called
to the present day parole. For his contributions to the Borstal, near Rochester, Kent, England in 1902. The
development of Penology, he was considered as the system was developed on a national basis and
Father of Modern Penology. During his tenure, formalized in the Prevention of Crime Act 1908. It is
churches, gardens, distribution of books and designed to “educate rather than punitive.”
recreational facilities were undertaken to have a
positive effect on the reformation of the convicts.
Golden Age of Penology: The period covering c. District, City and Municipal level.
1870to 1880 was regarded as Golden age of 3 Executive Departments involves in Correctional
penology. The highlights were as follows: Administration nationawide:
1. The organization of the National Prison a. DOJ – supervise and control the BuCor.
Association last 1870, now referred to as b. DILG – supervise and control the BJMP.
American Correctional Association. c. DSWD – manage the youth detention homes/
2. The International Prison Congress was held in Children In Conflict with Law (CICL)
1872. It Served as a forum attended by rehabilitation centers
representatives from different countries wherein
improvement to prison systems were tackled in BUREAU OF CORRECTIONS:
the assembly every 5 years.
3. In 1876 Elmira Reformatory was established The formal prison system in the Philippines started in
which “was considered the forerunner in modern 1847 during the Spanish regime
penology. Pursuant to Section 1708 of the Revised
4. In Indiana, Massachusetts USA the first separate Administrative Code and formally opened by Royal
was established. Decree in 1865
The Old Bilibid Prison was constructed as the main
HISTORICAL BACKGROUND IN THE penitentiary on Oroquieta Street, Manila and
PHILIPPINE SETTING designed to house the prison population of the
MARAGTAS CODE (1250) A LAW WRITTEN country.
BY Datu Sumakwel of Panay focuses on the penalty This prison became known as the “Carcel y Presidio
for those who are lazy Correccional” and could accommodate 1,127
prisoners.
KALANTIAW CODE (1433) – the governing law The Carcel was designed to house 600 prisoners who
in the island of Panay, particularly in the Province of were segregated according to class, sex and crime
Aklan. It is based on beliefs, customs and practice of The Presidio could accommodate 527 prisoners.
those days. This Code reflects the level of Plans for the construction of the prison were first
uprightness and morality of the people. It is published on September 12, 1859 but it was not until
comparable to the Greek, Roman, English and April 10, 1866 that the entire facility was completed.
Spanish Laws. Act No. 1407 (Reorganization Act of 1905) –
created the Bureau of Prisons under the Department
SIPAT, is a primitive law in Cordilleras in Northern of Commerce and Police.
Luzon. It paved the way for the re-establishment of San
Ramon Prison in 1907 which was destroyed during
BODONG is the court use to settle tribal’s disputes the Spanish-American War.
and even individual people’s conflict. It is a
restorative justice and even existed up to this date. In R.A. 10575, otherwise known as “THE BUREAU
fact, Father Conrado Balweg demanded the OF CORRECTIONS ACT OF 2013
Philippine Government to recognize their court
system. Declaration of Policy (Sec 2, RA 10575):
It is the policy of the State to promote the general
Commandancias – refers to a “police stations or welfare and safeguard the basic rights of every
precincts” during the Spanish period were prisons is prisoner incarcerated in our national penitentiary by
confined in jails enforced by the “Guardia Civil” promoting and ensuring their reformation and social
(police). reintegration, creating an environment conducive to
rehabilitation and compliant with the United Nations
The Philippine Correctional System Standard Minimum Rules for Treatment of Prisoners
Two (2) approaches, namely: (UNSMRTP). It also recognizes the responsibility of
1. Institutional and the State to strengthen government capability aimed
2. Non-Institutional (Community-Based) towards the institutionalization of highly efficient and
Correction. competent correctional services

The Institution-based approach has three (3) Towards this end, the State shall provide for the
levels; modernization, professionalization and restructuring
a. National, of the Bureau of Corrections by upgrading its
b. Provincial and Sub-Provincial, and facilities, increasing the number of its personnel,
upgrading the level of qualifications of their 5. San Ramon Prison and Penal Farm in
personnel and standardizing their base pay, Zamboanga City
retirement and other benefits, making it at par with 6. Leyte Regional Prison in Abuyog, Leyte; and
that of the Bureau of Jail Management and Penology 7. Davao Prison and Penal Farm in Panabo, Davao
(BJMP), and maximization of land use development Province.
for the agency’s sustainability
The New Bilibid Prison:
The concept of imprisonment is stated in Rule 57 - The national prison was formerly housed at
of UNSMRTP: Bilibid Prison in Azcarraga (C.M. Recto) before
“Imprisonment and other measures which result in it was transferred to Muntinlupa, Rizal, due to
cutting off an offender from the outside world are increasing number of convicts which required a
afflictive by the very fact of taking from the person larger facility away from Manila.
the right of self-determination by depriving him of - The 552 hectare lot was given by the Manila City
his liberty. Therefore the prison system shall not, government in exchange for their acquisition of
except as incidental to justifiable segregation or the the Bilibid Prison. It was originally intended to
maintenance of discipline, aggravate the suffering become a facility for a training school for boys.
inherent in such a situation.” - The New Bilibid Prison was first constructed in
1936 and the transfer of prisoners was conducted
The concept of reintegration to society is stated in before the outbreak of World War II in 1941.
Rule 58 of UNSMRTP:
“The purpose and justification of a sentence of (The Bilibid Prison is the first penal institution in
imprisonment or a similar measure deprivative of the country, whose scope is a national penitentiary
liberty is ultimately to protect society against crime. in nature constructed sometime in 1847 in the City
This end can only be achieved if the period of of Manila. Today the old bilibid prison is known as
imprisonment is used to ensure, so far as possible, the Manila City Jail).
that upon his return to society the offender is not only
willing but able to lead a law-abiding and self- The New Bilibid Prison is mainly a maximum
supporting life.” security facility which became the center for
incarceration of convicts from, all over the
And the concept of reformation is stated in Rule Philippines, it is where the convicts including death
59 of UNSMRTP: row, the electric chair and the lethal injection
“To this end, the institution should utilize all the chamber is placed including the central offices of the
remedial, educational, moral, spiritual and other Bureau of Corrections. New Bilibid Prison has three
forces and forms of assistance which are appropriate satellite units namely;
and available, and should seek to apply them 1. CampBukang Liwayway - the Minimum
according to the individual treatment needs of the Security Camp;
prisoners.” 2. Sampaguita Camp - the Medium Security
Camp and Youth Rehabilitation Center for
On a national scope, the Bureau of Corrections juvenile offenders; (The agricultural site is
(BuCor) shall be able to completely deliver the actual located at the medium security unit where
realization of deterrence (special deterrence and crops are cultivated as well as a site for raising
general deterrence), restraint, reformation, hogs and poultry under the supervision of
retribution, and restoration as major interventions for armed guards.)
the treatment of law offenders towards a safe, secure, 3. Reception and Diagnostic Center (RDC)
harmonious and progressive Philippine society.
San Ramon Prison and Penal Farm
The Bureau of Correction has seven (7) operating - It was named in memory of Ramon Blanco, a
units located nationwide, namely: Spanish captain in the Royal Army.
1. The New Bilibid Prison in Muntinlupa City; - Established on August 21, 1869 in Zamboanga
2. The Correctional Institution for Women (CIW) City, intended for the confinement of convicted
in Mandaluyong City; Moro “insurrectos” fighting subjugation by
3. Iwahig Prison and Penal Farm in Puerto Princesa Spanish “conquistadors.”
City, Palawan; - The facility, which faced the Jolo Sea, had
4. Sablayan Prison and Penal Farm, in Occidental Spanish-inspired dormitories and was originally
Mindoro; set on 1,524.6 hectare sprawling estate.
- It has its own RDC and maximum, medium and - The Davao Penal Colony houses the largest
minimum security facilities. Abaca plantation in the Philippines, and it is the
- The main crop raised is copra and several crops largest Income earner for the Bureau of
namely corn, coffee and rice were cultivated. At Corrections.
the height of the coconut industry when coconut - A banana plantation sits in a 3,000 hectare lot is
products were deemed as priced commodities, maintained under a Joint venture with Tagum
the institution was able to gather a sizeable Development Company.
amount of money which comprises the majority - It also operates the Tanglaw Settlement which is
income earned by the Bureau of Prisons. given to release prisoners. .
- It was closed during the Spanish-American War
of 1898. Sablayan Prison and Penal Farm: Established on
- Act No. 1407 (Reorganization Act of 1905) – September 26, 1954 by virtue of
created the Bureau of Prisons under the PresidentialProclamation no. 72.
Department of Commerce and Police which - Situated in a 16,000 hectare lot located in
paved the way for the re-establishment of San Sablayan, Occidental Mindoro
Ramon Prison in 1907. - It is an open type institution which has rice for its
- On January 1, 1915, the San Ramon Prison was principal product and grows vegetable crops for
placed under the auspices of the Bureau of their consumption and that of the convict of the
Prisons and started receiving prisoners from other institutions.
Mindanao. - The penal colony is self-reliant in terms of
agricultural product needs and considered as the
Iwahig Prison and Penal Farm: Originally fastest growing and youngest institution in the
established to house incorrigibles or those prisoners Philippine correctional administration system.
beyond reform
- The institution has no walls and considered as Leyte Regional Prison:– this was built by the
one of the best open institutions in the world. Bureau of Prisons in Abuyog, Leyte on January 16,
- It sits on a 36,000 hectare lot and divided into 1973 on the orders issued under the Martial Law
four colonies namely: Sta Lucia, Inawagan, (Proclamation No. 1101 and Presidential Decree No.
Montible, and Central sub-colony. 28) by President Ferdinand E Marcos.
- A Tagumpay re-settlement is a 1,000 hectare
site dedicated for deserving convicts who desires Fort Bonifacio Prison– Formerly known as Fort
to live there and given 6 hectare homestead lots. William McKinley a military reservation located in
Makati, established after the Americans came to the
One vital feature of the colony is the privilege given Philippines.
to the inmates to live with their families. Schools, - The prison was originally used as a detention
churches and normal institutions of a free society center for offenders of US military laws and
were constructed. The principal products of the ordinances.
Iwahig Penal colony are rice. copra, corn, cattle logs - The Fort was renamed Fort Andres Bonifacio
and minor forest products. during the administration of President Diosdado
Macapagal.
Correctional Institution for Women: The only - The correctional facility was also renamed as
penal institution for women in the country. Fort Bonifacio Prison.
- Established in 1931 on an 18 hectare lot located
in Mandaluyong, Rizal by virtue of Act 3579 The Mandates of the Bureau of Corrections
- Vocational courses in dressmaking, handicrafts, The BuCor shall be in charge of safekeeping and
beauty culture, slipper making, embroidery and instituting reformation programs to national inmates
making are offered to interested inmates. sentenced to more than three (3) years through
progressive, effective, and efficient administration.
Davao Prison and Penal Farm: Founded by
General Paulino Santos on January 21, 1932 in Safekeeping of National Inmates.
compliance with Act 3732 and Proclamation 414 In compliance with established United Nations
series of 1931. Standard Minimum Rules for the Treatment of
- The colony maintains a medium and minimum Prisoners (UNSMRTP), the safekeeping of inmates
security facility and its separate RDC. shall include:
- The colony is divided into two sub-colonies
namely the Panabo and Kapalong sub-colony.
1. Decent and adequate provision of basic
necessities such as shelters/quarters, food, water, Reformation of National Inmates.
clothing, medicine; The circumferential reformation programs which will
2. Proper observance of prescribed privileges such be institutionalized by BuCor for the inmates shall be
as regulated communication and visitation; and comprised of the following:
3. Efficient processing of necessary documentary 1. Moral and Spiritual Program.
requirements and records for their timely release. This refers to the moral and spiritual
The processing of these documentary valuesformation of inmates which shall be
requirements shall be undertaken by the institutionalized by the Directorate for Moral and
Directorate for Inmate Documents and Records Spiritual Welfare (DMSW), which include the
(DIDR). practice of one’s religion and beliefs.
The core objective of these safekeeping provisions is Participating Religious Volunteer Organizations
to “accord the dignity of man” to inmates while (RVO) and individuals shall be regulated and
serving sentence in accordance with the basis for managed by DMSW.
humane understanding of Presidential Proclamation 2. Education and Training Program. This refers
551, series 1995, and with UNSMRTP Rule 60. to the administration of formal and non-formal
education, and skills development of inmates
Security of National Inmates which shall be institutionalized by the
The complementary component of safekeeping in Directorate for Education and Training (DET).
custodial function is security which ensures that Participating volunteer teachers, professors,
inmates are completely incapacitated from further instructors, and trainers shall be regulated and
committing criminal acts, and have been totally cut managed by DET.
off from their criminal networks (or contacts in the 3. Work and Livelihood Program. This refers to
free society) while serving sentence inside the the administration of skills development
premises of the national penitentiary. programs on work and livelihood to achieve self-
sufficiency of inmates in the prison community
Security also includes protection against illegal and for income generation of the agency. This
organized armed groups which have the capacity of shall be institutionalized by the Directorate for
launching an attack on any prison camp of the Work and Livelihood (DWL). Volunteer
national penitentiary to rescue their convicted participating agencies, Non-Government
comrade or to forcibly amass firearms issued to Organizations and individuals shall be regulated
corrections officers. The security of the inmates shall and managed by DWL.
be undertaken by the Custodial Force consisting of 4. Sports and Recreation Program. This refers to
Corrections Officers with a ranking system and salary the administration of physical and recreational
grades similar to its counterpart in the BJMP. engagement to achieve mental alertness and
The circumferential security activities to be physical agility in the spirit of sportsmanship.
undertaken are: This shall be institutionalized by the Directorate
1. Proper custody; for Sports and Recreation (DSR). Volunteer
2. Implementation of prison laws and participating agencies, Non-Government
regulations, to include prevention of prison Organizations and individuals shall be regulated
violence and crimes; and and managed by DSR.
3. Efficient Recovery of fugitives. 5. Health and Welfare Program. This refers to the
The core security objectives of such activities are administration of proper nutrition, hygiene,
a) to completely incapacitate inmates from sanitation, cleanliness and promotion of good
further committing criminal acts, and health to inmates. This also includes appropriate
b) have them totally cut-off from their criminal provision of medical care or hospitalization of
networks (or contacts in the free society) the sick, mentally impaired, old aged, and
while serving sentence at BuCor, to disabled inmates. This shall be institutionalized
ultimately protect the society against crime by the Directorate for Health and Welfare
as provided for in Rule 58 of UNSMRTP. Services (DHWS). Volunteer participating
agencies, Non-Government Organizations and
The conduct of these activities shall be undertaken by individuals shall be regulated and managed by
the Directorate for Security and Safekeeping (DSS), DHWS.
supported by Directorate for Intelligence and 6. Behavior Modification Program. This refers to
Investigation (DII), and Directorate for Plans and the administration of programs for the character
Program (DPP). formation of an inmate necessary for effective
 interpersonal relationship in the prison 3.) Social (socio-demographic), and other
community. This program also includes behavioral-trait assessments.
Therapeutic Community. This shall be
institutionalized by the Directorate for Behavior The core diagnostics objective is to determine an
Modification (DBM). Volunteer participating inmate’s “Reformability.” These classification
agencies, Non-Government Organizations and activities shall serve as reference of the DRD in the
individuals shall be regulated and managed by preparation of individual inmate reformation
DBM. treatment programs and inmate-group reformation
treatment programs.
The core objective in the administration of these
circumferential reformation programs is the effective Diversification is necessary in all penal system to
treatment of anti-social behavior and destructive implement segregation. In most cases, diversification
personality disorders of an inmate. of prisoners is undertaken either in small or large
plants mainly for the purpose of obtaining proper
OPERATIONS AND STRUCTURE OF BUCOR segregation.
Directorate for Reception and Diagnostics(DRD)
– It shall undertake reception of inmates Effective diversification of institution within a
Security and Operations Directorates correctional system is based upon the following
– provide their basic needs and security classifications:
Reformation Directorates a. Diversification by Age. Boys and girls regarded
– administer their reformation programs or classified as minors is separated and confined
Directorate for External Relations (DER) in a different facility from the older group. This
– prepare inmates for reintegration to mainstream would prevent the young ones from being
society influenced by incorrigible and hardened
criminals.
Basic Procedures for Reception and Diagnostics b. Diversification by" Sex. This is of universal
for new inmates. implementation that members of the like are
Reception Procedure grouped together and those of the opposites are
1.) Admission of Prisoners. The BuCor, through its naturally prohibited from contact with each
penal establishments, shall receive prisoners other.
from competent authority upon presentation of c. Diversification by degree of Custody. That
the following documents: prisoners are segregated based on the duration or
a. Mittimus/Commitment Order of the length of their sentence imposed by the judge in
Court, the final judgment.
b. Information and Court Decision in the o Super Security Facility – Designated place
case, of confinement for hardened criminals and
c. Certification of Detention, escapees. The operating cost for such
d. Certification of No Pending Case, structures is not practical and the conditions
e. Certification of Non-Appeal, and thereat are deemed inhuman.
f. Provincial Form 35 / Inmate data sheet o Maximum Security Facility- thick wall
2.) A female offender shall be received only at the enclosures of 18 to 25 feet high are
Correctional Institution for Women. constructed with catwalks, patrol towers and
3.) All prisons and penal farms are also authorized patrol guards for day and night. Occupants
to receive directly from courts convicted thereat are subjected to work in industrial
prisoners in consonance with the Supreme Court facilities within the prison compound.
Circular No. 63-97 dated October 6, 1997. o Medium Security Institution - fences are
utilized instead of walls the structure is
Diagnostics. created for prisoners housed in dormitories.
The DRD shall likewise be responsible for the The specifications for construction of two
conduct of classification of each and every inmate fences with the interior fence approximately
admitted to the BuCor. Inmates shall be classified 12 to 14ft high and the outer fence 8 to 12 ft
according to security risk and sentence. Included in high and they are to be erected at least 18 ft
the classification are determining an inmate’s certain: apart. The perimeter fence requires lesser
1.) Interests, skills or talents; personnel to conduct patrol activities.
2.) Physical, mental, spiritual, psychological
evaluation; and
 o Minimum Security- in this type of .facility ORGANIZATION AND KEY POSITIONS OF
the main objective is to keep civilians away BUCOR
and not created for purposes of preventing Head of the BuCor – Director
escapes of the convicts. The prisoners placed Assisted by three Deputy Directors:
thereat are those who are awaiting final one (1) for administration,
release and there is little or no supervision of one (1) for security and operations and
authorities is necessary. These prisoners are one (1) for reformation
free to move about subject to compliance to Appointing Authority - President upon the
curfew hours. recommendation of the Secretary of the DOJ
Tour of Duty – not exceeding 6 years from date of
Segregation – An ideal prison system should be appointment. Except in times of war or other national
diversified by institution. It is necessary that first emergency declared by congress, President may
time offenders be separated from the incorrigible extend such tour of duty.
ones and those undergoing disciplinary punishments.
The movement of the prisoners as well as the workers Officers in Command
should be carefully planned to avoid escapes, Order of position – rank – title - insignia
confusion, loss of time and inefficiency in custodial
supervision. The Head of the BuCor – Undersecretary – Dir. Gen.
of Corrections - 3 star
Purpose of Segregation: 2nd officers in command - Ass Sec - Dep Dir Generals
1. To prevent physical contamination. of Corrections - 2 star
2. To avoid moral contamination. 3rd officer in command - Chief Sup - Corrections
3. To minimize or neutralize custodial risk. Chief Sup..
4th officer in command - Sen Sup – Corrections - Sen
BuCor’s Segregation Scheme Sup.
Classification based on security 5th officer in command – Sup - Sup
maximum, medium and minimum
PERSONNEL BUILD-UP OF BUCOR
Classification and Segregation according to crimes Custodial personnel-to inmate ratio - 1:7 for 3 shifts
(committed (based on the related penal codes) Reformation personnel-to-inmate ratio - 1:24 1 shift
- Crimes Against Persons,
- Crimes Against Properties, Reformation ratio is broken down into the
- Crimes Against Chastity, following:
- related Special Laws, Moral and Spiritual personnel-to-inmate - 1:240;
- Customs Laws and Immigration Laws. Education and Training personnel-to-inmate - 1:120;
Work and Livelihood personnel-to-inmate - 1:180;
This is to ensure that an inmate will not be Sports and Recreation personnel-to-inmate - 1:225;
susceptible to acquire other criminal skills brought Health and Welfare personnel-to-inmate - 1:80;
about by his exposure with other inmates who are Behavior Modification personnel-to-inmate - 1:150.
committed to BuCor for different crimes or offenses,
which normally happens in the present prison setup. Authorized to increase its manpower to meet such
ratio and may continue to increase personnel per
Dormitory – refers to the facility exclusively used as percentage rate increase of committed inmates
confinement area of all inmates within the prison annually or as the need arises
camp with specific consideration on spatial Administrative personnel - 1:14.58,
designation. Engineering personnel - 1:58.33,
Directorate for Reception and Diagnostics and
Classification of Dormitory Directorate for External Relations combined
Type A – above 500 inmate/area of more than 1.5 personnel - 1:120 (at 50% share each),
hectares Directorate for Inmate Documents and Records
Type B – 101 to 500 inmate/area of 1.5 hectares personnel -1:116.7
Type C – 1 to 100 inmate/area of 3,000 sq. m.
Minimum Qualifications of BuCor Personnel:
The recommended lot area per inmate is 30 sq. m.
 No person shall be appointed as personnel of the Corrections Senior Inspector and Corrections
BuCor unless one possesses the following minimum Technical Senior Inspector
qualifications: Doctor of Medicine
1) A citizen of the Republic of the Philippines; members of the Philippine Bar
2) A person of good moral character; chaplains
3) Must have passed the psychiatric/psychological,
drug and physical test for the purpose of Key Positions.
determining his/her physical and mental health;
4) Must possess a baccalaureate degree from a Sub-Colony Supervisor
recognized learning institution; Corrections Senior Inspector (CSI)
5) Must possess the appropriate civil service at least second year Bachelor of Laws or at
eligibility; least twelve (12) units in a master’s degree
6) Must not have been dishonorably discharged or Colony Assistant Superintendent
dismissed for cause from previous employment; Corrections Chief Inspector (CCI)
7) Must not have been convicted by final judgment at least second year Bachelor of Laws or at
of an offense or crime involving moral turpitude; least twenty-four (24) units in a master’s
and degree
8) Must be at least 1.62 m. in height for male, and Colony Superintendent
1.57m. for female: Corrections Superintendent (CS)
Provided, That a waiver for height and age a graduate of Bachelor of Laws or a holder
requirement/s may be granted to applicants of a master’s degree
belonging to the cultural communities: Colony Corrections Senior Superintendent
That a new applicant must not be less than (CSS) - For prison and penal farms with an
twenty-one (21) or not more than forty (40) years inmate population of 2,000 but below 3,000.
of age. Regional Superintendent
That those who are already in the service upon Corrections Senior Superintendent (CSS) or
the effectivity of RA 10575 shall be given 5 Corrections Chief Superintendent (CCS)
years from the date of such effectivity to obtain a graduate of Bachelor of Laws or a holder
the minimum educational qualification and of a master’s degree
eligibility with subsidiary assistance. Colony Corrections Senior Superintendent
(CSS) – for prison and penal farms with an
APPOINTMENT OF UNIFORMED inmate population of 3,000 but below 5,000
PERSONNEL TO BUCOR Corrections Chief Superintendent (CCS) –
Corrections Officer I to Corrections Chief for prison and penal farms with an inmate
Superintendent – Appointed by the Director population of over 5,000
General of Corrections, and attested by the Civil Compulsory Retirement Age
Service Commission. Newly hired or upon effectivity of RA 10575 - 56
years
Director General of Corrections and Deputy Those in the service upon effectivity of RA 10575 –
Director General of Corrections – Appointed by may continue to render services up to 65 years old
the President upon the recommendation of the
Secretary of the DOJ, with the proper endorsement THE CLASSIFICATION PROCESS
by the Chairman of the CSC. Classification is a method by which diagnosis,
treatment planning and execution of the treatment
Lateral Entry of Officer into the BuCor programs are coordinated in the individual case
Corrections Inspector and Corrections Technical study.
Inspector It is a process of determining the needs and
civil engineers mechanical engineers requirement of prisoners for assigning them to
electrical engineers chemical engineers programs according to their needs and existing
chemist architects resources.
criminologists certified public
accountants The Classification Process is adopted to determine
nurses physical therapists the work assignment, type of supervision and
dentists social workers custody which will be applied to the prisoners.
psychologists sociologists Classification procedures are:
guidance counselors teachers
1. Diagnosis – the prisoner’s case history is taken a. One blanket, mat, pillow with pillow
and his personality is being studied through case, mosquito net, a pair of slippers
examination and observations; and a set of mess kit.
2. Treatment Planning – it is the formulation of b. After the issuance of uniforms and other
tentative treatment program suited for the items the prisoner is lead to the
prisoners; quarantine unit. The convict would
3. Execution of the Treatment Program – is the spend at least 5 days thereat to insure
application of the treatment programs and that the prisoner is not afflicted or
policies by the classification committee; suffering from any contagious disease.
4. Re-classification – it is where the treatment
program is kept current with the inmates Color of uniform as to security classification:
changing needs. a. Maximum security - tangerine
b. Medium security - blue
Admission Procedures: The following procedure of c. Minimum security - brown
admission is undertaken by the staff for every d. Detainee - gray
prisoner entrusted to their custody:
1. Checking of the commitment paper. 5. Orientation Procedure – A booklet containing
commitment paper - is in due form if it bears the the rules and regulations implemented at the
signature of the judge, the seal of the court or prison is given with all the pertinent matters
committing authority and the attestation by the discussed by the prison staff. This is the initial
clerk of the court thereof. Aside from this, the contact of the prisoner with the center and is
information and court decision in the case, the deemed meaningful towards the aim to reform
certification of detention and certification that him.
the case of the inmate is not on appeal if any 6. Testing Programs – the psychological and
must be presented to the RDC staff. psychiatric group testing is conducted to the
2. Establishing the identity of the prisoner. This personality of the in mate and predicts the
is done by comparing and examining the manner in which he will interact with other
fingerprint and photograph of the inmate prisoners.
contained in the commitment order. This is to
make sure that the person being committed is the Staff Conference: It is undertaken after all the tests,
one whose name appears in the commitment interviews and examination has been conducted. It is
order. in said forum that the inmate's program for treatment
3. Searching the prisoner. A complete frisking is and training is planned. This is of a tentative status
undertaken to look for contrabands. and would depend in the exemplary behavior and
- All personal items must be inspected thoroughly religious observance of the convict with the program
and items not allowed at the prison such as cash, ascertained.
jewelry, watches and weapons are deposited with
a receipt to be issued by the staff and given to the Admission Summary – It is a written compilation
prisoner. made by the staff regarding their findings on the
- Narcotics and all other prohibited drugs, all types prisoner.
of weapons, chemicals or substances that may - It is used by the classification committee as a
cause injury to persons, and articles or items guide in carrying out the rehabilitation program
which an inmate is not allowed to possess under of the prisoner in the operating institution.
prison rules shall be considered as contrabands.
- All articles taken from the inmate shall be This is the nucleus of the cumulative case history of
considered to him upon his discharge unless the inmate its contents are as follows:
previously disposed of the request of the inmate 1. Complete account of the legal aspects of the
or ordered condemned by the Superintendent case. .
after a lapse of two (2) years. 2. A summary of the prisoner's criminal history.
4. Issuance of clothes and Equipment. The newly 3. The biography or social history of the prisoner.
admitted inmate shall be provided with two (2) 4. Physical Condition.
regulation uniforms and two (2) t-shirts in 5. Educational status.
accordance with the degree of sentence. 6. Vocational interests, experience and
Whenever practicable the following shall also be competence
issued: 7. Recreational interest.
8. Psychological characteristics.
 9. Behavior at the RDC and reaction to group 2. Those whose minimum sentence is twenty
psychotherapy. years of imprisonment;
10. Religious background and interest. 3. Detainees or remand inmates whose sentence
is (20) years and above and those sentences are
Transfer Out of The Center: After completion of under review by the Court of Appeals or the
the Admission Summary, the prisoner is transferred Supreme Court;
out of the center to the operating institution. The 4. Those with pending cases;
tentative program arrived or determined is approved 5. Escapees, recidivists delinquents;
by the Director of Prisons. The said summary is 6. Those under safekeeping or disciplinary
forwarded to the Classification and Treatment punishment;
Division of the prison for implementation. While 7. Those confined at the RDC; and
waiting for his permanent residence assignment, the 8. Those who are diagnosed as criminally insane
prisoner stays at the orientation unit. Therein he is or with severe emotional or personality
guided to choose his vocation program. disorders that makes them hazardous to fellow
inmates or the prison staff.
Classification Committee: It carries out the 9. Building 14 (Considered the Super Maximum
treatment program of the convict which is composed Compound of the Bureau of Correction) where
of the following persons: incorrigible prisoners from the maximum
a. Superintendent (warden) - compound where being placed and separated
Chairman for intense disciplinary approaches.
b. Chief of the RDC - Vice
Chairman Medium Security- This shall include those who
c. Medical Officer - Member cannot be trusted in less secured areas whose conduct
d. Chief, Education section - Member or behavior requires minimum supervision. Under
e. Chief, Agro-Industries section - Member this category are:
f. Chief Overseer - 1. Those whose minimum sentence is less than
Secretary twenty years of imprisonment;
2. Detainees or remand inmates whose sentence are
Admission Classification Meeting: This is initial below twenty years;
classification meeting which takes place after the 3. Those who are eighteen years of age and below
transfer of the prisoner from the RDC to the regardless of sentence and case;
operating institution. This interview and consultation 4. Those who have two or more records of escapes;
is held to determine the realistic plan or program of and
treatment best suited for the convict to help him in his 5. First time offenders sentenced to reclusion
rehabilitation at the prison. The principal decisions perpetua.
should be arrived at are as follows:
a. Custody classification Minimum security - This shall include who may be
b. Housing reasonably trusted to serve their sentence under less
c. Transfer restricted conditions. Under this category are:
d. Medical and Psychiatric treatment a. Those with a severe physical handicap as
e. Occupational and Vocational training assignment certified by the chief medical officer of the
f. General education program prison;
g. Casework and social services b. Those who are sixty-five (65) years old and
h. Religious and recreational recommendations above without pending case and whose
convictions are not on appeal;
CLASSIFICATION OF INMATES AS TO c. Those who. have served ½ of their minimum
SECURITY RISK: sentence or 1/3 of their maximum sentence,
The Death Row – One special facility for inmates excluding good conduct time allowance; and
waiting for the execution of death penalty. d. Those who have only six (6) months more to
Maximum security group – this shall include high serve before the expiration of their maximum
security risk or highly dangerous inmates as sentence.
determined by the classification board who requires
an extreme degree of supervision and control. They Philippines-Japan Halfway House. The Half-way
are as follows: House was the brainchild of the late Dr. Cicero
1. Those sentenced to death; Campos, the first President o the Philippine Public
Safety College (PPSC). The ten proposed project was
first brought to the attention of the United Nations  Custodial Model – it is based on the assumption
Asia and Far East Institute (UNAFEI) Filipino that prisoners have been incarcerated for the
Alumni by Assistant Chief State Prosecutor Severino protection society and for the purpose in
Gana Jr. of the Department of Justice (DOJ) and incapacitation, deterrence and retribution. It
member of Asia Crime Prevention Philippines, Inc. emphasizes maintenance and security and order
(ACPPI). In turn, Mr. Shikita made a request to the through the subordination of the prisoner to the
Nagoya West Lions Club (NWLC), an ardent authority of the warden. Discipline is strictly
supporter of ACPF in all of its activities to help applied and most aspect of behavior is regulated;
shoulder the cost of the incipient project. True to their
word, the said organization donated 8 million pesos  Rehabilitation Model – security and
for the construction of the edifice. Several programs housekeeping activities are viewed primarily as a
and services such as casework and counseling framework for rehabilitation efforts. Professional
services, productivity training, homelife services, treatment specialist enjoys a higher status than
medical and health services, and placement services other employees, in accordance with the idea that
are continuously being provided to prepare inmates to all aspect of prison management should be
become useful and productive citizens in the directed towards rehabilitation with the
mainstream of society upon their release. rethinking of the goal of rehabilitation;

Pre release Treatment: It is a program specifically  Reintegration Model is linked to the structures
designed to prepare the offender during a limited and goals of community corrections but has
period prior to his release on parole. It deals with direct impact on prison operations. Although an
transition from confined and regulated life to normal offender is confined in prison, that experience is
Independent life. Several pre release programs are as pointed toward reintegration into society. This
follows: kind of treatment gradually gives inmates greater
a. Leave for work which allows the offender to be freedom and responsibility during their
employed in the community at day provided he confinement and move them into a halfway
return to the institution at night. house, work release programs, or community
b. Special Information sessions which covers parole correctional center before releasing them to
conditions and employment opportunities. supervision. Consistent with the perspective of
c. Granting greater freedom inside the institution, community corrections, this model is based on
wherein the prisoner is allowed to wear civilian the assumption that it is important for the
clothes, lodging in separate quarters, giving him offender to maintain or develop ties with free
more leisure opportunity and generally giving society the entire focuses this approach is on the
him less supervision inside the prison. resumption of a normal life (Clear and Cole,
d. Group and individual counseling to lessen his 1986); &
worries and anxiety regarding his return to the
free world.  Total Institution – “the prison, like other total
e. Pre-released leaves for a few hours a day to institution, is a place of residence and work
enable the prisoner to arrange outside residence where a large number of like-situated
and procure pertinent papers. individuals, cut off from wider society for an
appreciable period of time, together lead an
MODELS OF CRIMINAL TREATMENT enclosed, formally administered round life”. A
 Control Model – A criminal treatment model of total institution is one that completely
prison management emphasizes prisoner’s encapsulates the lives of the people who work
obedience, work end education (Sahara 1988); and live there. A prison must be such an
institution in the sense that whatever prisoners do
 Responsibility Model – It stresses prisoners’ or not do begins and ends there; every minute
responsibility for their own action, not behind bars must be lived in accordance with the
administrative control to assure prescribed rules as enforce by the staff.
behavior. Proper classification of inmates,
according to this model, permits placing APPROACHES IN DEALING WITH
prisoners in the least restrictive prison consistent CRIMINALS
with security, safety, and humane confinement.  Null Strategy says that nothing should be done,
Prisoners should be given a significant degree of that prisoners should be allowed to become
freedom and the held to account for their actions increasingly congested and staff should remain to
(Sahara 1988);
 maintain them with the assumption that the - Individual and group counseling, visitation
problem is temporary and will disappear in time. which contribute to the total correctional
 Selective Incapacitation Strategy urge that treatment program for the offenders.
expensive and limited prison space with the - Our penal institution in this line, adopts an
necessary number of staff to maintain them individualized treatment whenever possible
should be used more-effectively by targeting the which depends entirely on the workable
individuals whose incarceration will do the most classification system.
to reduce crime. It shows that the incarceration - Without proper treatment our society would only
of some career criminals has a pay off in the be protected for a short period of time while the
prevention of multiple serious offenses. convicts are incarcerated.
 Population-reduction Strategy incorporates - With proper care and implementation of the
from door and back door strategies. Front door treatment program for convicts, the wrong
strategies divert offenders to non-incarcerative attitude and behavior is slowly being improved
sanctions, among them, community service, to pave tile way for man's reformation and his
restitution, fines, and probation. While the back- awaited return to society as law abiding and
door strategies such as detention, parole, work responsible citizen.
release and good behavior are devised to get the
offenders out of the prison before end of their The United Nations "Standard Minimum Rules
terms in order to free space for new comers. for the Treatment of Prisoners”
 Construction Strategy of building new facilities "The treatment of persons sentenced to imprisonment
to meet the demand for prison space for an or similar measure shall have as its purpose so far as
advantageous prison management. The approach length of Sentence permits, to establish in them the
comes to mind when legislators and correctional will to lead law abiding and self-supporting lives
officials confront the problem on prison after their release and to fit them to do so. The
crowding, sanitation and prison violence to treatment shall be as such as to encourage their self-
expand the size, number of facilities and respect and develop their sense of responsibility,"
personnel.
 Population-Sensitive Flow Control Strategy "To these ends all appropriate means shall be used,
urges the sentencing be linked to the availability including religious care in the countries where this is
of prison space and management staff, the possible education, vocational guidance and training,
policies be developed allowing the release of the social case work, employment counseling, physical
prisoners when prison facilities become crowded development and strengthening of moral character,
and staff are greatly outnumbered to manage in accordance with the individual needs of each
prisoners, and that each court be allotted a prisoner, taking account of his social and criminal
certain amount of prison space and staff history his physical and mental capacities and
members so that the judges and prosecutors aptitudes, his personal temperament, the length of his
make certain decisions accordingly. This strategy sentence and his prospects after release"
depends on the political will to release prisoners
even in the face of public protest (Clear and Employent of Prisoners: The old practice of prison
Cole, 1986). labor as a means of punitive sanction to law violators
in addition to the term of imprisonment was
THE CORRECTIONAL TREATMENT abandoned. The rising costs in the maintenance of
PROGRAM prison facilities has altered adherence to such belief
- The correctional treatment programs are and later correctional administrators incorporated
formulated for the purpose of rehabilitating the prison labor to reduce the cost of maintenance of
prisoners mainly by changing their attitudes. their institutions. .
- Treatment services are geared towards The forerunners of our modem penal institution have
Improving the offender's philosophy of life, used prison labor. The Auburn system was held more
various tools such is education whether formal or profitable because the output was greater in
vocational, work, religion and recreation are congregate workshops than that of the Pennsylvania
utilized to achieve the goal of long term system that employed convicts working separately
rehabilitation of the convicts. within their cells. The Americans have also utilized
- It is also augmented by medical care. prison labor not only in the manufacturing sector but
also in public works.
Six types or system of prison labor which was first minimum security mates may be assigned in
practiced in the United States; agricultural field projects within prison reservation.
a. Lease system – This measure is run by handing
over management to a private lease who in return Religious Services: It has been widely accepted that
of the profits gained is responsible with the the chaplain is the most important person who
expenditures at the institution as well as contributes to the rehabilitation of the prisoner. The
discipline and maintenance. inspiring power of religion drives the man to reform
b. Contract system – the state retains control and and change his errant behavior. The chaplain must be
supervision while the contractor pays the state able to guide and instill proper teachings to uplift the
for the labor toiled by the convicts. human spirit of the convicts, in this noble goal, the
c. State use system- in this system products made in chaplain engages not only in sacramental ministry but
state run institution are mainly used by the as well as counseling for the convicts and their family
government. and ministration of the prisoners who are sick. Aside
d. Price-piece system – The private contractor from his pastoral responsibility, the chaplain also
supplies the raw materials and the state charges serves as a member of the diagnostic staff.
the cost of labor based on the output products.
e. Public Account system – the state is the sole Inside the prison system, the religious belief and
proprietor and sells the products made in prison moral precepts of an inmate shall be respected. No
to the open market. prison official shall proselytize inmates under his
f. Public works system – The prisoners are supervision or allow any Inmate to do so without the
utilized in the construction of roads, bridges consent of the inmate concerned. An accredited
buildings, dams and other similar structures. minister, pastor or priest may be allowed to hold
regular service and to pay pastoral visits to inmates of
In general, the opportunity to engage in worthwhile his religion at such hours as maybe prescribed by the
activities develops morale and discipline among the Superintendent. Attendance by an inmate of worship
inmates. Proponent of prison labor contends that the services and similar religious activities shall be on
principal value of prisons labor is to afford the voluntary basis.
inmates to revive and acquire skills while serving
their sentences. The employment assignments of Educational Program: This occupies one of the
prisoners may be classified into five general groups: most vital phase in the prisoners rehabilitation
1. Available for limited employment particularly program. The focus for correctional institution for
for new comers. adults is geared towards vocational education but for
2. Maintenance assignments juvenile Institution the primary consideration is
3. Educational assignments elementary and secondary levels of formal education.
4. Industrial employment The Philippine correctional administration offers a
5. Agricultural activities in colonies wide variety of vocational training to wit:
a. radio mechanics.
However, in engaging prison labor the correctional b. automobile mechanics.
administrators must be able to comply with the c. shoemaking
United Nations Standards, which basically requires d. horticulture,
the following: e. carpentry,
a. That prison labor must not be afflictive in f. electronics
nature. g. hollow block making
b. In employing prisoners .it should be based on h. livestock raising such as poultry and hogs
their physical abilities as determined by the
medical officer. Goals of Education Program:
c. It should be voluntary. . o To offer inmate sufficient academic
d. It should be able to develop the skills and work education, which he will need in the ever
attitude to allow them earn an honest living growing demands of the outside world.
after release o To give vocational training to inmates to
e. The money earned should constitute a savings enable him to acquire skills and be
fund for the prisoner and handed over to them economically efficient after release.
after release. o To broaden the interest of prisoners towards
hobbies and cultural activities so as to help in
An inmate over sixty years of age may be excused his adjustment to normal free life.
from mandatory prison labor. Only medium and
 support service to staff members in their relation
Recreational Program: Wholesome and healthy and efficient management of the offenders.
activities either in groups or in small number of
participant would enable the prisoners to fight of the CUSTODY, SECURITY AND DISCIPLINE:
ill effects of boredom as a result of his incarceration In prison management, custody and control of
in the prison A well rounded recreational program prisoners is tool which leads to the attainment of the
must be undertaken by all prisoners design to meet rehabilitation program by effectively implementing
interest of the prisoners. Such activities must be well- the rules and regulations and instilling discipline
planned and conducted during free time to enable among the inmates. Although the primary objective
maximum participation from among those convicts. of the prison program is security, its ultimate goat is
A balanced and well-rounded recreational program always geared towards rehabilitation of the convicts.
shall include: Security will assure that escapes are prevented,
a. Sports activities either individual or dual maintenance of peace and order is attained and
Sports or team sports, contrabands are not permitted entry to the facility.
b. Music, Arts and Crafts. Penologists would contend that the best way to secure
c. Special Events the inmates is to make them engage in productive and
d. Drama and literary activities positive activities and prevent idleness from among
e. Social Games the inmates.
f. Club activities
g. Million pictures, radio and television. Custody and Control:
This would refer to penal safekeeping or guarding the
Library Service: To further enhance and improve inmates. The custodial force or division being the
the practical and cultural aspects of social living, a largest component of the whole prison personnel
library should be maintained in all penal facilities. It system are responsible for the maintenance of
should contain a great number or collection of books discipline as well as ensuring safety of the inmates
and periodicals to meet the wide interest and varied and preventing escapes and riots. The prison guard
needs or the prisoners. has the most contact with the inmates and should be
able to manifest respect to their human rights into
Health and Medical Service: An adequately staffed gain the prisoners’ confidence and respect from the
medical service for a sizeable number of prisoners inmates. This will enable him to occupy a position
must be established and to be divided into three wherein they can easily influence the convicts and
major units namely: medicine and surgery, psychiatry assist them in their rehabilitation program.
and dentistry. Said service shall be solely responsible
for providing prompt health medical and dental Custody are measures and activities such as the
services to the inmates, it should be headed by an implementation of security measures, locking and
able medical officer whose duties range from giving counting routines, supervision of prisoners to insure
medical attention to the sick and seeing to it that compliance to punctual and orderly movement inside
food. Hygiene and sanitation is nut subhuman to the prison and procedures for searching prisoners by
prevent outbreak of diseases in the prison. conducting greyhound operations to look for
contrabands which may be concealed in the cells,
Counseling, Casework and Clinical Service: living quarters work areas.
Viewed as an integral part of the total corrections
program counseling, casework and clinical services Contraband – is anything found in the possession of
are staffed with-professional personnel to administer the prisoner contrary to the rules and regulations of
to the needs of the convicts. the facility. This generally includes firearms and
- Counseling entails one to the endeavor of deadly weapons, cash, jewelry and other valuable
helping other to understand and resolve their items which can cause disharmony and threaten the
problems. serenity within the prison.
- In casework, professional services are given to
determine the proper prescription and social In addition the following control measures must be
treatment which the convicts require. adopted:
- Clinical services give the most intensive 1. A system of counting inmates. A minimum or
diagnostic treatment activities aimed at at least four times a day is delegated for head
discovering individual mal adjustments, applying count. This is normally done during change
psychiatric techniques and offers guidance and shifts. The rule is during roll call the custodians
must hear voice and see flesh at all times
 especially during night time. In three shift work one place work program or assignment to
detail, the fourth roll call is designed so as to another.
prevent routine or pattern time of conducting Discipline: The main objective of instilling discipline
prisoner count. in the prison system is to inculcate positive habits,
2. Control of firearms and other deadly weapon. values and habits that will make the convicts useful
Firearms must be kept in an armory not within and law abiding members of society upon his release.
the sight and reach of the inmates and should be This is contrary to the notion that discipline is a
located outside of the main prison and the means to prevent escapes and riots and punish
inmate's work/activity area. It should be well- infractions to rules and regulations of the institution.
guarded and locked at all times. And proper
inventory procedures are to be conducted. Prison Discipline – is a state of good order and
3. Key control and locking devices. The key to behavior which include sanitation maintenance, work
cells and dormitories should be always in the Standards, education, personal health and recreation.
possession of gate officers, Officer of the day-
shift commander, keeper and custodial and Morale is a component of discipline which is defined
medical officer designated by the as a mental condition of an individual pertaining to
superintendents. A proper accounting and storage courage, zeal, hope and confidence in the present
of keys must be observed. In addition, the keys principles and way of life. Hence, it would be safe to
to all means of access in and out of the facility conclude that the aim of discipline in giving value
and vital and sensitive areas within the prison formation to the convicts have the ultimate goal to
should be kept in a separate receptacle and kept develop self-respect, self-reliance and self-discipline
unmarked as a precautionary measure. As an in conformity with the norms of the free world.
additional measure, all locking devices in
individual doors must be checked of its good Preventive discipline - is the prompt corrections of
operational efficiency. minor deviations committed by prisoners before it
4. Tools and equipment. Items which are utilized become serious violations. It is a rather new concept
as tools must be properly and securely stored and and is more effective than discipline applied after an
inventory should be made to minimize the threat offense has been committed. This would come in the
to security within the prison premises. form of advice, reprimand and warning to avoid
5. Security procedures during emergencies, future misbehavior. This is amply supported by the
major disturbances escapes and riots. fact that discipline must be considered on an
- The prison facility must establish a control individual basis in which the prisoner's altitude and
center be in command of, execute and monitor social background must be carefully studied before
the proper and timely implementation of detailed applying discipline for breach of law, rules and
plans to cope with emergency conditions which regulations.
may be caused by fires, violent disturbances or
riots or escapes. Communication is a tool or important element in
- In case of such disorders all officials and discipline. A good system of communication
employees of the prison where the incident established between the prisoners and the correctional
occurs shall be placed on a 24 hour alert status to officers would build harmony, rapport and
carry out tasks necessary to quell the condition understanding. This will also relieve the inmate's
and normalize the situation. feeling of insecurity because constant end friendly
- In cases of such disturbances the alarm is conversation eases one of his burdens in life. In
sounded either by bell, siren or gun fires. addition, the formulation of inmate councils
- All inmates shall be instructed to lie flat on the composed of chosen leader inmates which serve as an
ground face down with arms and legs spread out. advisory council to the superintendent. in dealing
- On such occasions when warnings are ignored, with pertinent matters concerning management of
the guards are authorized to use reasonable force prison activities and treatment designed for the
to carry out such instructions. convicts.

 Security involves safety measures to A rule book is, disseminated among, the convicts
maintain the orderliness and discipline and explained thoroughly to minimize violations.
within the jail or prison while, Serious Infractions to the Manual and rule book
 Control involves supervision of prisoners to imposed in the prison is heard in the disciplinary
ensure punctual and orderly movement from board the proceedings are summary in nature and the
behavior or misconduct report is scrutinized based
upon the merits. A behavior report is one which calls earned assignment to this class upon start of
the attention to the inmate's attitude which might be sentence; or one who has been promoted from
considered as misconduct and could also include the second class.
positive behavior manifested by the convict duly e. Colonist- Those who are first class inmates and
observed by the prison personnel. While a has served for one year immediately preceding
misconduct report contains the violation committed the completion of the period specified in the
by the inmate in reference to the rules, such reports following classifications: has served
are investigated and dealt with accordingly imprisonment with good conduct for a period
equivalent to 1/5 of the maximum term of his
Punishments imposed on prisoners convicted by the prison sentence or seven years in the case of
disciplinary board: reclusion perpetua.
a. Counsel and reprimand – A mild form of
punishment but an effective means of discipline Good conduct time allowance
for convicts who are known to comply with rules - is a reward for good conduct, diligence. A prisoner
and regulations. This serves as deterrent to may have his sentence diminished or reduced in a
mostly obedient inmates who are concerned to manner provided under the following circumstances.
improve their record while in prison. first 2 years of imprisonment - 20
b. Loss of Good Conduct Time Allowance – The days/month
good conduct time allowance is given to 3rd to the 5th year, inclusive, - 23 days/month
prisoners who have shown exemplary behavior until the 10th year, inclusive – 25 days/month
in prison. A reduction of sentence from 5 days, 8 eleventh and successive years – 30
days up to 15 days is given to the prisoner for days/month
every month of good behavior. In cases of
misconduct this privilege is forfeited. A prisoner who has attained the status of colonist or
c. Loss of privilege – for violations to the rule trustee under Act 2489 (Industrial Good Time Law)
book, the temporary cancellation of visitation may be given an additional of 5 days good conduct
privileges are meted 10 misbehaving convicts. time allowance for each month while he retains such
This is an effective deterrent for those who look classification.
forward to converse with their friends and loved
ones. Special Time Allowance for loyalty
d. Close Confinement – for those incorrigible Evasion of sentence by reason of disorder due to
prisoners when lighter punishments have been earthquakes, conflagration, floods or other similar
proven to be ineffectual; the use of bartolina for catastrophe. A reduction of
solitary confinement justified when a foreseen 1/5 of his sentence if prisoners leave and shall return,
danger to the convict or others is apparent. or surrender to authorities within 48 hours after
e. Reduced diet – this punishment must be given following the issuance or proclamation that said
with the supervision of the prison physician and calamity, mutiny, catastrophe has passed away or
must conform with United Nations Standards of elapsed.
not being a cruel and unusual punishment. 2/5 if he chose to stay.
f. The use of handcuff and leg irons – this only
utilized in cases where in the convict may harm Release of an Inmate: An Inmate or detainee may
himself or threaten to injure other inmates. be released from confinement based on:
a. Upon the expiration of sentence.
Classification of inmates as to entitlement of b. By order of the Court or of competent authority.
privilege: c. After being granted probation, parole or pardon.
a. Detainee.
b. Third Class Inmate - one who has either been The following persons are authorized to approve
previously committed for three or more times as or order the release of inmates:
a sentenced inmate, except those imprisoned for a. Supreme Court or lower courts, in cases of
nonpayment of a fine and who had been reduced grant of bail or of acquittal;
from a higher class. b. The President of the Philippines;
c. Second Class Inmate - a newly arrived inmate; c. Board of Pardons and Parole;
an inmate demoted from first class or one d. Director of the Bureau of Corrections upon
promoted from the third class. . expiration of the sentence of an inmate.
d. FirstClass Inmate - are those whose known
character and credit for work while in detention
Before the release of a detainee or inmate, he/she
shall be properly identified. His fingerprints and other ORGANIZATION OF THE BJMP: The Jail Bureau
identification marks shall be confirmed with those shall be headed by a chief who shall be assisted by
which were taken when he was admitted in prison, the deputy chief, as prescribed by RA 6975. It shall
and any change in his distinguishing marks since be composed of all city and municipal jails each
admission. Proper documentation is required prior to headed by a warden. The chief of the Jail Bureau
release. shall recommended to the Secretary of the DILG the
organization structure and staffing pattern of the
Inmates shall be released without delay, otherwise the BJMP as well as disciplinary machinery of the
erring authority may be held criminally liable. . Bureau.

JAILS Establishment of District, City, Municipal Jails: As

amended by the Department of Interior and Local
Types of Jails: Government Act of 1990; every district, city and
1. Lock-up Jails- This is a security facility municipality in the Philippines must establish and
operated by personnel of the local law maintain a secured, dean, adequately equipped and
enforcement units for temporary detention of sanitary jail for the custody and safekeeping of any of
persons under Investigation or awaiting the following:
preliminary investigation. in conformity with the 1. A city or municipal prisoner.
law, the maximum period of d6tention for light, 2. Any fugitive from justice.
less grave and grave offenses are.12, 18.36 3. A person detained awaiting investigation
hours, respectively. 4. An accused while waiting for the court’s
2. Ordinary Jail. This facility houses prisoners judgment.
convicted of offenses which the punishment does 5. A violent mentally ill person who endangers
not exceed three years of imprisonment and himself or the safety of others.
those with pending cases before the courts, it is
administered and run by personnel of the BJMP. Rank Classification: For the purpose of attaining
3. Workhouse Jail - Also known as jail-farm or efficient administration, supervision and control of
camps such facility operates small-scale the Bureau of Jail Management and Penology the
cultivation of crops by minimum security rank classification is designated as follows:
prisoners. This would be ideal for municipalities Director -Chief of Jail Bureau
with a large number of inmates. Chief Superintendent -Deputy Chief of Jail
Bureau
Categories of prisoners under Presidential Decree Senior Superintendent -Asst. RD of Jail
29: Management Warden
Municipal prisoners – Are persons convicted to Superintendent -Provincial Warden
serve a period of imprisonment of not more than six Chief Inspector -District Jail Warden
months. Senior Inspector -City or Municipal Jail
Provincial or city prisoners – Are persons who by Warden
reason of their sentence may be deprived of liberty of Inspector
not more than three years, or those who are unable to Senior Jail Officer IV
pay a fine of 1,000 pesos. Senior Jail Officer III
National prisoners – refers to prisoners who are Senior Jail Officer II
convicted to serve a term of imprisonment of more Senior Jail Officer I
than three years. Jail Officer III
Jail Officer II
THE ADMINISTRATIVE ORGANIZATION Jail Officer
AND MANAGEMENT OF INSTITUTION
BASED CORRECTIONS VISION – The BJMP envision it-self as dynamic
institution highly regarded for it sustain humane
BUREAU OF JAIL MANAGEMENT AND safekeeping and development of inmates.
PENOLOGY
MISSION – The Bureau aims to enhance public
Established by virtue of Republic Act 6975 safety by providing humane safekeeping and
It is vested with the authority to exercise supervision development of inmates in all district, city and
and control over all city and municipal jails. municipal jails.
 a. Supreme Court
The BJMP exercises supervision and control over all b. Court of Appeals
district, city and municipal jails. As such, it shall c. Sandiganbayan
ensure the establishment of secure, clean, adequately d. Regional Trial Court
equipped sanitary facilities; and ensure the provision e. Metropolitan/Municipal Trial Court
of quality services for the custody, safekeeping, f. Municipal Circuit Trial Court
rehabilitation and development of district, city and g. Congress of the Philippines
municipal inmates, any fugitive from justice, or h. All other administrative bodies or persons
person detained awaiting or undergoing investigation authorized by law to arrest and/or commit a
or trial and/or transfer to the National Penitentiary, person to jail.
and/or violent mentally ill person who endangers
him/herself or the safety of others as certified by the CATEGORIES OF INMATES – The two (2)
proper medical or health officer, pending transfer to a general classes of inmates are:
mental institution. a. Prisoner – inmate who is convicted by the
final judgment.
CORE VALUES – The personnel are guided by the b. Detainee – inmate who is undergoing
following core values: investigation/trial or awaiting
a. Commitment – strong sense of dedication to the trial/sentencing.
ideals of the organization and to the public.
b. Respect for Human Rights – promote and CLASSIFICATION OF PRISONERS- The four (4)
protect the right of our fellow human beings. main classification of prisoners are:
c. Efficiency/Competence – mastery of important a. Insular Prisoner or National Prisoners – one
skills for delivery of quality services. who is sentenced to a prison term of three (3)
d. Self-Discipline- the ability to act regardless of years and one (1) day to death and are sent to
emotional state, or to withstand undue and unjust Bureau of Corrections;
influence. b. Provincial Prisoner – one who is sentenced to
e. Teamwork – the combined effective action of al a prison term of six (6) months & one (1) day
personnel. three (3) years and under the custody of
provincial jails that has jurisdiction of their
OBJECTIVES – The objectives of the Bureau are the sentence;
following: c. City Prisoner-one who is sentenced to a
a. To improve the living conditions of inmates in prison term of one (1) day to three (3) years.
accordance with the accepted standards set by d. Municipal Prisoner – one who is sentenced to
the UN. a prison term of one (1) day to six (6) months.
b. To enhance safekeeping and development of
inmates in preparation for their eventual CLASSIFICATIONS OF DETAINEES-The three
reintegration into the mainstream of society upon (3) types of detainees are those:
their release; and, a. Undergoing investigation
c. To professionalize jail services. b. Awaiting and undergoing trial; and,
c. Awaiting final judgment.
PRICIPLES – The following principles shall be
observed in the implementation of the preceding INMATES SECURITY CLASSIFICATION
section:
a. Humane treatment of inmates. a. High Profile Inmate - those who require
b. Observance of professionalism in that increased security based on intense media
performance of duties. coverage or public concern as a result of their
c. Strengthened multi-sectoral approach in the offense such as but not limited to those who have
safekeeping and development of inmates through been involved in a highly controversial or
active partnership with other menders of the sensationalized crime or those who became
criminal justice system and advocates in prominent for being a politician, government
correction. official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or
SAFEKEEPING FUNCTIONS. COURTS AND television personality.
OTHER ENTITLES AUTHORIZED TO COMMIT b. High Risk Inmate - those who are considered
A PERSON TO JAIL- The following (course and highly dangerous and who require a greater
entitles) are authorized to commit a person to jail.
 degree of security, control and supervision i. Minimum Risk Inmates (Ordinary Inmates) -
because of their deemed capability of escape, of those inmates who have lesser tendencies to
being rescued, and their ability to launch or commit offenses and generally pose the least risk
spearhead acts of violence inside the jail. This to public safety. In most cases, they may be first
includes those charged with heinous crimes such time offenders and are charged with light
as murder, kidnapping for ransom, economic offenses.
sabotage, syndicated or organized crimes, etc.
Also included are inmates with military or police REQUIREMENTS FOR COMMITMENT - No
trainings or those whose life is in danger or person shall be committed to any jail facility without
under imminent threat. the following required documents:
c. High Value Target (HVT) - a target, either a a. Commitment Order;
resource or a person, who may either be an b. Medical Certificate - recent medical certificate
enemy combatant, high ranking official or a taken within 24 hours prior to admission;
civilian in danger of capture or death, typically in c. Complaint/Information;
possession of critical intelligence, data, or d. Police Booking Sheet; and
authority marked as an objective for a mission e. Certificate of Detention from PNP and/or NBI.
and which a commander requires for the
successful completion of the same. CLASSIFICATION BOARD - Each jail shall
d. Security Threat Group - any formal or informal maintain a classification board, if facilities and
ongoing inmates’ group, gang, organization or personnel are available, to be composed of the
association consisting of three or more members following:
falling into one of the following basic categories: Chairperson - Assistant Warden
street gangs, prison gangs, outlaw gangs, Member - Chief, Custodial/Security Office
traditional organized crime, aboriginal gangs, Member - Medical Officer/Public Health Officer
subversive groups and terrorist organizations. Member - Jail Chaplain
e. Subversive Group - a group of persons that Member - Inmates Welfare and Development Officer
adopts or advocates subversive principles or
policies tending to overthrow or undermine an CLASSIFICATION PROCESS
established government. The inmate shall stay at the Inmate Classification and
f. Terrorist Group - a group of persons that Counseling Unit (ICCU) for a minimum period of
commits any of the following: piracy and mutiny thirty (30) days but not exceeding sixty (60) days or
in the high seas or in the Philippine waters, until the completion of the classification process. At
rebellion or insurrection, coup d’état, murder, the ICCU, the newly committed inmate will undergo
kidnapping and serious illegal detention, crimes assessment by the different health professionals
involving destruction, arson, hijacking, violation
of laws on toxic substances and hazardous and DISCIPLINARY BOARD - A disciplinary board
nuclear waste control, violations of atomic shall be organized and maintained for the purpose of
energy regulations, anti-piracy and antihighway hearing disciplinary cases involving any inmate who
robbery, illegal and unlawful possession, violates jail rules and regulations.
manufacture, dealing in, acquisition or Chairperson - Assistant Warden
disposition of firearms, ammunitions or Member - Chief, Custodial/Security Office
explosives. Member - Medical Officer/Public Health Officer
g. Violent Extremist Offender (VEO) - a person Member - Jail Chaplain
whose political or religious ideologies are Member - Inmates Welfare and Development Officer
considered far outside the mainstream attitudes Member - Inmates’ Representative
of the society or who violates common moral
standards and who has adopted an increasingly If the above composition is not feasible because of
extreme ideals and aspirations resorting to the personnel limitation, the warden shall perform the
employment of violence in the furtherance of board’s functions and he shall act as the summary
his/her beliefs. disciplinary officer.
h. Medium Risk Inmates -those who represent a
moderate risk to the public and staff. These PUNISHABLE ACTS - An inmate is strictly
inmates still require greater security, control and prohibited from committing any of the following
supervision as they might escape from and might acts:
commit violence inside the jail. MINOR OFFENSES:
 a. Selling or bartering with fellow inmate(s) GRAVE OFFENSES:
those items not classified as contraband; a. Making untruthful statements or lies in any
b. Rendering personal service to fellow official communication, transaction, or
inmate(s); investigation;
c. Untidy or dirty personal appearance; b. Keeping or concealing keys or locks of places
d. Littering or failing to maintain cleanliness and in the jail which are off-limits to inmates;
orderliness in his/her quarters and/or c. Giving gifts, selling, or bartering items with
surroundings; jail personnel;
e. Making frivolous or groundless complaints; d. Keeping in his/her possession money, jewelry,
f. Taking the cudgels for or reporting complaints cellular phones or other communication
on behalf of other inmates; devices and other items classified as
g. Reporting late for inmate formation and contraband under the rules;
inmate headcount without justifiable reasons; e. Tattooing others or allowing him/her to be
and tattooed on any part of the body, or keeping
h. Willful waste of food. any paraphernalia to be used in tattooing;
LESS GRAVE OFFENSES: f. Forcibly taking or extorting money from
a. Failure to report for work detail without fellow inmates and visitors;
sufficient justification; g. Punishing or inflicting injury or any harm
b. Failure to render assistance to an injured upon himself/herself or other inmates;
personnel or inmate; h. Receiving, keeping, taking or drinking liquor
c. Failure to assist in putting out fires inside the and prohibited drugs;
jail; i. Making, improvising or keeping any kind of
d. Behaving improperly or acting boisterously deadly weapon;
during religious, social and other group j. Concealing or withholding information on
functions; plans of attempted escapes;
e. Swearing, cursing or using profane or k. Unruly conduct and flagrant disregard for
defamatory language directed at other persons; discipline and instructions;
f. Malingering or pretending to be sick to skip l. Escaping, attempting or planning to escape
work assignment; from the institution or from any guard;
g. Spreading rumors or malicious intrigues to m. Helping, aiding or abetting others to escape;
besmirch the honor of any person, particularly n. Fighting, causing any disturbance or
BJMP personnel; participating therein and/or agitating to cause
h. Failure to stand at attention and give due such disturbance or riot;
respect when confronted by or reporting to any o. Indecent, immoral or lascivious acts by
BJMP personnel; himself/herself or others and/or allowing
i. Forcing fellow inmates to render personal himself/herself to be the subject of such
service to him/her and/or to others; indecent, immoral or lascivious acts;
j. Exchanging uniforms or wearing clothes other p. Willful disobedience to a lawful order issued
than those issued to him/her for the purpose of by any BJMP personnel;
circumventing jail rules; q. Assaulting any BJMP personnel;
k. Loitering or being in an unauthorized place; r. Damaging any government property or
l. Using the telephone without authority from the equipment;
desk officer/warden; s. Participating in kangaroo court, an
m. Writing, defacing, or drawing on walls, floors unauthorized or irregular court conducted with
or any furniture or equipment; disregard for or perversion of legal procedures
n. Withholding information, which may be as a mock court by the inmates in a jail/prison;
inimical or prejudicial to the jail t. Affiliating with any gang or faction whose
administration; main purpose is to foment regionalism or to
o. Possession of lewd or pornographic literature segregate themselves from others;
and/or photographs; u. Failing to inform the authorities concerned
p. Absence from cell, brigade, place of work when afflicted with any communicable
during headcount, or at any time without disease, such as tuberculosis, sexually-
justifiable reason; and transmitted diseases, etc.; v. Engaging in
q. Failure to turn over any implement/article/s gambling or any game of chance;
issued after work detail. v. Committing any act which violates any law or
ordinance, in which case, he/she shall be
 prosecuted criminally in accordance with law; f) To be treated in a government or private hospital,
and provided it is deemed necessary and allowed by
w. Committing any act prejudicial to good order the rules:
and discipline. g) To request free legal aid if available:
h) To sport hair in their customary style, provided it
Any personnel, especially warden, found to is decent and allowed by the jail authorities;
be allowing and tolerating any violation mentioned i) To receive fruits and prepared foods, subject to
above will be immediately relieved from his/her inspection and approval by jail officials;
designation without prejudice to his or her being j) To read books and other reading materials
administratively charged available in the library, if any
k) To maintain cleanliness in their cells and
INMATES COUNT (Jail – 5 to 6 times) - It is brigades or jail premises and perform other work
imperative that at specified times during each 24- as may be necessary for hygienic and sanitary
hour period, all inmates are physically counted. The purposes; and,
counting must be accurate and if the total jail count l) To be entitled to Good Conduct Time Allowance
does not tally, a recount should be made. (GCTA) as provided by law.

RIGHTS OF INMATES – Although the purpose for MODES AND GUIDELINES OF RELEASE - The
committing a person on jail is to deprive him of following modes and guidelines shall be observed
liberty in order to protect society against crime, such when inmates are to be released from detention.
person is still entitled to certain rights even while in A. An inmate may be released through:
detention. These rights are: 1) Service of Sentence
a) The right to be treated as human being, and not 2) Order of the Court
to be subjected to corporal punishment; 3) Parole
b) The right to be informed of the regulations 4) Pardon
governing the detention center; 5) Amnesty
c) The right to adequate food, space and ventilation, B. Before an inmate is released, he shall be properly
rest and recreation; identified to ensure that he is the same person
d) The right to avail of medical, dental and other received and will be released. His marks and
health services; fingerprints shall be verified with those taken
e) The right to be visited by his counsel anytime; when he was received. any changes or
f) The right to practice his religious beliefs and differences in his distinguishing marks and scars
moral precepts; shall be investigated to ascertain his real identity
g) The right to vote unless disqualified by law; in order to prevent the mistaken release of
h) The right to separate detention facilities or cells another person.
particularly for women inmates; C. No inmate shall be released on a mere verbal
i) If a foreigner, the right to communicate with his order or an order relayed by telephone. The
embassy or consulate. release of an inmate by reason of acquittal,
dismissal of case, payment of fines and or
PRIVILEGES ALLOWED FOR INMATES - indemnity, or filing of bond shall be effected
Inmates may enjoy the following privileges: only upon receipt of the Release Order served by
a) To wear their own clothes while in confinement; the Court Process server. The Court Order shall
b) To write letters, subject to censorship, provided bear the full name of the inmate, the crime he
that expenses for such correspondence shall be was charged with, the criminal case number and
borne by them; such other details that will enable the Jail Officer
c) To receive visitors during visiting hours. to properly identify the inmate to be released.
However, visiting privileges may be denied in
accordance with the rules and whenever public Organization and Key Positions of the BJMP
safety so requires; The BJMP shall be respectively headed by a Chief
d) To receive books, letters, magazines, newspapers assisted by two (2) deputy chiefs,
and other periodicals that the jail authorities may one (1) for administration
allow; one (1) for operations
e) To be treated by their own doctor and dentist at Appointing Authority - President upon
their expense upon request from and approval by recommendation of the Secretary of the DILG from
appropriate authorities; among the qualified officers with at least the rank of
senior superintendent in the service:
Tour of duty – does not exceed 4 years probation officers worldwide in the form of
preliminary social investigation, interviewing, family
Chief of the Jail Bureau – director casework, foster home placement.
The second officers in command of the BJMP
Dep Chief for Admin - chief Due to his remarkable innovation to corrections he
superintendent was considered as the father of probation.
The third officer in command of the BJMP
Dep Chief for Operation - chief In 1887, a law was passed in providing for the
superintendent appointment of a probation officer for the city of
The fourth officers in command of the BJMP Boston.
Chief of Directorial Staff - chief
superintendent Edward N. Savage a former Boston chief of police
Directors of Directorial Staff – Senior Sup. was named as the first probation officer, employed
by the government.

PROBATION IN THE PHILIPPINES

Act 4221 – August 7, 1935, Probation was first

introduced in the Philippines.
This law created a Probation Office under the
Department of Justice.
On November 16, 1937, the Supreme Court declared
the Probation Law unconstitutional in the case of
People vs. Vera, 376 O.G. 164.

In 1972, House Bill No. 393 was filed in Congress,

which would establish a probation system in the
NON – INSTITUTIONAL CORRECTION Philippines.
Community Based Correction)
Aware of the needs of the criminal justice system of
HISTORY OF PROBATION: the country, Congressmen Teodulo C. Natividad,
and Ramon D. Bagatsing (Principal Author)
1841 ENGLAND - Matthew Devenport Hill an introduced House Bill 393 entitled" An Act
English magistrate practiced his methods which establishing Probation in the Philippines; Providing
includes suspending judgment and releasing the Probation Officers Therefore and for Other
convicts in his own recognizance with a pledge NOT Purposes.”
to commit any crimes. Held as the father of
probation in England he worked for the The turning point of the Probation law came on
guardianship of parents and employers of juvenile November 13, 1974 when Juan Ponce Enrile,
and first time offenders to save them from the stigma National Defense Secretary and concurrent
of prison life. chairman of the National Police Commission
Probation is said to have originated in England in the created the Inter-Disciplinary Committee on Crime
year 1841. Prevention. Commissioner Teodulo Natividad was
appointed chairman, with four members representing
1841 Boston Massachusetts, USA - about the same the criminal justice system they were tasked to draft
time, John Augustus, a shoemaker started the the adult probation decree.
rudimentary form of probation.
In 1975, the National Police Commission
Augustus method of providing ball for temporary Interdisciplinary drafted a Probation Law. After 18
suspension or postponement of sentence during technical hearings over a period of six months, the
which he offered assistance by way of counsel, draft decree was presented to a selected group of 369
finding homes, securing employment and helping the jurists, penologists, civic leaders and social and
offenders solve their family difficulties in adjustment. behavioral scientists and practitioners. The group
He interceded for youthful offenders and alcoholics overwhelmingly indorsed the establishment of an
and placed them in his charge. Much of his practical Adult Probation System in the country.
approach is still being utilized and adopted by
 even monarchs follow its decree, an erring
On his assumption as NAPOLCOM Chairman early member of the clergy who has been brought to
January 1976, Natividad created a technical national trial to be examined by the king's court may be
strategy to reduce crime. A seminar on the Probation claimed by the bishop or chaplain on the grounds
system was conducted on April 26 1976 under the that clergymen are subject to the authority and
auspices of the IDC sponsored by the NAPOLCOM jurisdiction of ecclesiastical courts. Leniency has
and the Integrated National Police. It was held at the been manifested in sentencing of said offenders
University of the Philippines Law Center, and was if found guilty by a jury consisting of 12 clerks.
participated by a total number of 369 delegates from (2) Judicial Reprieve – Another means of reducing
the five pillars of the criminal justice system. The the severity of penalties and harshness of
draft or proposal of the adult probation decree after punishment was a temporary suspension of the
careful review by the multi-sectoral experts gained sentence imposed by the court, this would
favorable support. I hit final draft was approved by provide the convicted offender ample time to
the NAPOLCOM and was favorably indorsed by the petition the crown for either an absolute pardon
Secretary of National Defense and Secretary of or conditional pardon. English courts had
Justice to President Ferdinand E. Marcos. The practiced said method when death penalty has
Supreme Court after scrutiny favored the adoption of been imposed under the condition that said
the Probation Law and it played a vital role in the offenders accept exile or deportation.
final approval of the Probation Law. (3) Recognizance – This was viewed as the practice
which led to the development of probation
On July 22-24, 1976, the First National Conference service in the year 1861. It is an old method of
on a Strategy to Reduce Crime was held at Camp deferring judgment involving an obligation or
Aguinaldo. The forum was attended by nearly 800 promise on the part of the offender sworn under
participants. It was during the final day of the court order not to violate any law in the future
conference, the historic signing of Presidential and release is obtained granting that those
Decree 968, otherwise known as the Probation Law conditions were met.
of 1976 was signed into law by His Excellency (4) Transportation – This refers to the old practice
Ferdinand E. Marcos. On 24 July 1976, Presidential of exile or banishment which lasted for an
Decree No. 968, also known as Adult Probation approximate period covering two centuries as the
Law of 1976, was signed into Law by the President primary method of dealing with criminal
of the Philippines. Teodulo C. Natividad later offenders. Colonies who benefited from this
known as the Father of Philippine Probation. method of dispensing with prisoners got cheaper
labor as a substitute for a harsh penalty. The
The operation of the probation system in 1976-1977 continent of Australia and the South America
was a massive undertaking during which all judges were the usual destination for transported
and prosecutors nationwide were trained in probation prisoners.
methods and procedures; administrative and
procedural manuals were developed; probation ROLE OF PROBATION: Probation is a vital
officers recruited and trained, and the central agency component of the correctional system. It is a phase
and probation field offices organized throughout the of Penology, which must be viewed in its relation to
country. Fifteen selected probation officers were sent other aspects of law enforcement and its proper
to U.S.A. for orientation and training in probation perspective. As a form of treatment of convicted
administration. Upon their return, they were assigned criminal offenders, probation is regarded as a
to train the newly recruited probation officers. substitute for imprisonment rather than clemency,
leniency or pity. Some offenders who are less injured
The probation system started to operate on 3 January to crime are better off to remain in the community
1978. As more probation officers were recruited and and should be given a chance to reform themselves
trained, more field offices were opened. There are at and to conform to the demands and norms of society
present 204 field offices spread all over the country, after their conviction. Others on the other hand, must
supervised by 15 regional offices. go to prison to undergo rehabilitation for their own
good and primarily for the benefit of society due to
FORERUNNERS OF PROBATION: The the fact that their presence in the community will
following were regarded by penologists as the pose a threat to law and order.
precursors for probation:
(1) Benefit of the clergy – during the time where A person placed under probation, the probationer is
the influence of the church has been so vast that not to be considered as a freeman because he is
obligated to live within a specified area and required 1. promote the correction and rehabilitation of an
to conform to the conditions imposed by the court. offender by providing him with individualized
He is deprived of certain rights and privileges of community based treatment;
citizenship p; such as holding public office, 2. to provide an opportunity for his reformation and
participating in elections and entering into contracts. re-integration into the community; and
However, the probationer retains such other rights 3. to prevent the commission of offenses.
and is entitled to the basic, dignity of man.
Disqualified Offenders. Probation shall not be
Purpose of Probation: Probation, like parole and extended to those:
imprisonment has the primary objective of protecting a. sentenced to serve a maximum term of
society against crimes. Although its methods may imprisonment of more than six (6) years;
differ, it has a broader objective which is to serve the b. convicted of any crime against the national
great end of justice. It is a visible extension of the security;
powers of the court over the future behavior and c. who have previously been convicted by final
destiny of convicted offenders such is not apparent in judgment of an offense punished by
other dispositions of criminal cases. imprisonment of more than six (6) months and
one (1) day and/or a fine of more than one
The rationale of probation is as follows: thousand pesos (P1,000.00)
a. To protect society through controlled programs d. who have been once on probation under the
of supervision of offenders; provisions of this Decree; and
b. To promote the correction and rehabilitation of e. who are already serving sentence at the time the
an offender by providing him with individualized substantive provisions of this Decree became
treatment; applicable.
c. To provide opportunity for the reformation of a
particular offender which might be less probable Where to file application for Probation?
if he were to serve a prison sentence; Application for probation shall be filed with the Trial
d. To prevent the commission of offenses and to re- Court which has jurisdiction over the case.
integrate the offender into society.
When to file application for Probation?
Probation is a judicial disposition after which the The application should be filed at any time after
dependant after conviction and sentence is released, conviction and sentence but within the period of
subject to the conditions imposed by the court and the perfecting an appeal (15 days) as provided by the
supervision of the probation officer. Rules of Court.

THE PROBATION LAW The application for probation shall be in the form
PD 968 as amended by RA 10707 – Establishing a approved by the Secretary of Justice as
Probation System, appropriating funds therefor and recommended by the Administrator or as may be
for other purposes. prescribed by the Supreme Court. Official
application form or Xerox copy of the same may be
Probation as a disposition under which an accused, obtained or secured from any City or Provincial
after conviction and sentence, is released subject to Parole and Probation Office for free.
conditions imposed by the court and to the
supervision of a probation officer. The Trial Court may notify the concerned
Prosecuting Officer of the filing of the application at
It is a privilege granted by the court; it cannot be reasonable time it deems necessary, before the
availed of as a matter of right by a person convicted scheduled hearing thereof.
of a crime.
The Prosecuting Officer may submit his comment(s),
To be able to enjoy the benefits of probation, it must if any, on the application within a reasonable time
first be shown that an applicant has none of the given to him by the Trial Court from his receipt of
disqualifications imposed by law. the notice to comment

Policy Objectives and Declared Purposes of The Trial Court may direct the applicant to report to
Probation the proper Probation Office within seventy-two (72)
hours from his receipt of such order.
Effects of Filing and Receipt of Application for c. character,
Probation d. socio-economic status, and criminal records, if
The Trial Court may, upon receipt of the application any, of the applicant and
filed, suspend the execution of the sentence imposed e. the institutional and community resources
in the judgment. available for his rehabilitation.

Pending the submission of the PSIR and the Probation shall be denied if the court finds that:
resolution on the application, the applicant may be 1. the offender is in need of correctional treatment
allowed on temporary liberty under his bail filed in that can be provided most effectively by his
the criminal case: Provided, That, in case where no commitment to an institution; or
bail was filed or the applicant is incapable of filing 2. there is undue risk that during the period of
one, the trial court may allow the release of the probation the offender will commit another
applicant on recognizance to the custody of a crime; or
responsible member of the community who shall 3. probation will depreciate the seriousness of the
guarantee his appearance whenever required by the offense committed.
trial court.
In case applicant has a criminal record(s), such
Initial Interview Work Sheet should be verified with the proper government
Within 5 working days from receipt of said agency(ies) as to its disposition/resolution which
delegated assignment or self-assignment, the has/have to be properly reflected in the PSIR.
investigating Probation Officer on case or CPPO
shall initially interview the applicant if he appeared in For the sake of obtaining additional information or
the Probation Office upon response to the 72 hours clarify conflicting data, the investigating Probation
limitation given to him by the Trial Court. If not, the Officers on case may conduct further investigation
PO on case may write the applicant in his court given and interview to avoid discrepancies of
address, or personally visit applicant's place to facts/information.
schedule an initial interview at the PO.
The investigating Probation Officer on case or CPPO
During such initial interview, the Probation Officer shall assess and recommend or prescribe the suitable
on case or CPPO shall require the applicant to probation treatment and supervision program upon
accomplish and sign a Post-Sentence Investigation the applicant, if granted probation.
Work Sheet (PPA Form 1). The investigating
Probation Officer on case or CPPO shall conduct Absconding Applicant – If the applicant whose
further investigation based on the information application for probation has been given due course
contained therein. by the proper court has failed to present
himself/herself to the proper Office within 72 hours
During such initial interview, the Probation Officer from his/her receipt of the Probation Order or within
on case or CPPO shall require the applicant to reasonable time there from, said Office shall first
accomplish and sign a Post-Sentence Investigation exert best diligent efforts to inquire on, search, find
Work Sheet. The investigating Probation Officer on and locate his/her whereabouts before it shall report
case or CPPO shall conduct further investigation such fact with appropriate recommendation to the
based on the information contained therein. proper court, considering the surrounding
circumstances of place, date and time, his/her health
A Waiver-Cum-Authorization (PPA Form 2), condition and other related factors.
authorizing the PPA and/or the Probation Office to
secure any and all information on the applicant, shall POST- SENTENCE INVESTIGATION REPORT
be duly executed and signed by him. Submission of PSIR:
After the completion of the PSIR, the Probation
Scope and Extent of Investigation: Office shall submit such PSIR to the Trial Court
After accomplishing the PSI Work Sheet and the within the period of 60 days or within the period
Waiver-Cum-Authorization, the same shall be ordered by the Trial Court.
immediately submitted to the Probation Office. The
investigating Probation Officer on case or CPPO Purpose of PSIR:
shall conduct a thorough investigation on the; The PSIR aims to enable the Trial Court to determine
a. antecedents, whether or not the ends of justice and the best interest
b. mental and physical condition, of the public primarily, as well as that of the
applicant, would be served by the grant or denial of recommendation contained on the last page of the
the application. PSIR is persuasive in character addressed to the
sound discretion of the Trial Court considering that
The PSIR shall contain, among others, the following: the denial or grant of probation is a judicial function.
1. circumstances surrounding the crime or offense
for which the applicant was convicted and Signatories:
sentenced, taken from the applicant himself, The PSIR shall, as a rule be prepared by the
offended party and others, who might have investigating Probation Officer on case and approved
knowledge of the commission of the crime or by the CPPO. Both shall initial each and all the pages
offense, and pertinent information taken from the thereof, except the last page on which they shall affix
police and other law enforcement agencies, if their respective signatures.
any, and Trial Court records;
2. details of other criminal records, if any; FULL BLOWN COURTESY INVESTIGATION
3. personal circumstances, educational, economic AND TRANSFER OF CONDUCT OF REFERRAL
and socio-civic data and information about the INVESTIGATION
applicant;
4. characteristics of applicant, employable skills, Its Nature and Coverage
employment history, collateral information; Full Blown Courtesy Investigation (FBCI) - is a
5. evaluation and analysis of the applicant's General Courtesy Investigation from another City
suitability and legal capacity for probation and or Provincial Parole and Probation Office which
his potential for rehabilitation, reform, requests for a complete PSIR on a petition for
development, transformation and re-integration probation pending referral investigation in the
into the community; Probation Office of origin. It shall take place when
6. recommendation to: upon initial investigation it is gathered that,
a. grant the application, including 1. Applicant for probation is a transient offender in
probation period, probation conditions the place of commission of the crime and/or a
and probation treatment and supervision permanent resident of another place;
plan/program; or 2. He spent his pre-adolescent and/or adolescent
b. deny the application; life in the province or city of origin;
7. data and information on the applicant's financial 3. He attended and/or finished his education
condition and capacity to pay, his civil liability, thereat; and
if any; 4. His immediate family members, collateral
8. results of findings of drug, psychological and informants or disinterested persons and officials
clinical tests conducted, if any; who can best authenticate the inter-family
9. results of criminal records, if any, whether relationship, upbringing, behavior of the
decided or still pending furnished by various law applicant for probation in the community are
enforcement agencies tapped by the Probation residents of the place of his origin.
Office for such purpose;
10. result(s) of courtesy investigation, whether Transfer of Referral Investigation
GCI/FBCI or PCI if any, conducted in the birth When proper under the immediately preceding
place or place of origin of applicant especially if section and warranted under the circumstances, a
he plans to reside thereat while on probation, if FBCI, may be brought to the attention of the Trial
ever his application will be granted; and Court to transfer the conduct of the referral
11. other analogous and related matters. investigation to the Probation Office of the province
or city of origin of applicant for probation.
To obtain additional data or clarify discrepancies
between the information received from the applicant Transfer to the Executive Judge
and those secured from other sources, the In case of the suitability for probation of the applicant
investigating Probation Officer and/or Chief Parole for probation, it shall be recommended in the PSIR
and Probation Officer may conduct such subsequent by the Probation Office, that simultaneous with the
or further interviews on the applicant and/or other grant of probation, the control over the applicant and
persons as may be deemed proper and necessary. his probation rehabilitation program be transferred to
the Honorable Executive Judge of the RTC of the
Nature of Recommendation: Province or City of origin subject to the actual
The entire PSIR submitted to the Trial Court is visitation and supervision of the Probation Officer of
recommendatory in nature and the final said province or city.
 probation at such time and place as may be
General Courtesy Investigation specified by the Probation Office.
All other General Courtesy Investigation not falling Other Conditions. The Probation order may also
within the purview of a FBCI to be conducted by require the probationer, inappropriate cases, to:
another Probation Office shall be known as Partial 1. cooperate with his program of probation
Courtesy Investigation (PCI) which should no longer treatment and supervision;
be brought to the attention of the Trial Court for the 2. meet his family responsibilities;
transfer of the conduct of the referral investigation in 3. devote himself to a specific employment and
order to facilitate immediate and thorough not to change said employment without prior
investigation of cases, and to save time, effort and written approval of the CPPO;
money 4. undergo medical, or psychological, or
clinical, or drug or psychiatric examinations
PROBATION ORDER: and treatment and remain in a specified
The application for probation shall be resolved by the institution, when required for that purpose;
Trial Court not later than fifteen (15) days from the 5. comply with a program of payment of civil
date of its receipt of the PSIR. liability to the offended party or his heirs,
when required by the Trial Court as
Nature of Probation: Effect of the Grant of embodied in its decision or resolution;
Probation 6. pursue a prescribed secular study or
Probation is but a mere privilege and as such, its vocational training;
grant or denial rests solely upon the sound of 7. attend or reside in a facility established for
discretion of the Trial Court. After its grant it instruction, recreation or residence of
becomes a statutory right and its hall only be persons on probation;
canceled or revoked for cause and after due notice 8. refrain from visiting houses of ill - repute;
and hearing. 9. abstain from drinking intoxicating beverages
to excess;
The grant of probation has the effect of suspending 10. permit the Supervising Probation Officer on
the execution of sentence. The Trial Court shall order case or an authorized social workers to visit
the release of the probationer's cash or property bond his home and place of work;
upon which he was allowed temporary liberty as well 11. reside at premises approved by the Trial
as release the custodian on ROR from his Court and not to change his residence
undertaking. without prior written approval of said court;
Effectivity of Probation Order: A probation order and/or
shall take effect upon its issuance, at which time the 12. satisfy any other conditions related to his
court shall inform the offender of the consequence rehabilitation into a useful citizen which is
thereat and explain that upon his failure to comply not unduly restrictive of his liberty or
with any of the conditions prescribed in the said order incompatible with his freedom of
or his commission of another offense under which he conscience.
was placed on probation.7
Indemnification:Payment for civil liability shall be
Upon receipt of the Probation Order granting done using the following modes:
probation the same shall be entered in a Docket Book 1. Payment can be given to the Clerk of Court of
for proper recording. An order of denial shall be the Trial Court, who will in return hand over the
docketed as well. sum to the victim who shall issue a
corresponding receipt; a copy of which should be
Finality: The Order of the court granting or denying given by the probationer to the Probation Office
probation shall NOT be appealable. in order to monitor such payment;
2. Payment may be deposited by the probationer to
TERMS AND CONDITIONS OF PROBATION the victim’s account where the bankbook is kept
Mandatory Conditions at the Probation Office to be given to the victim
A Probation order shall require the probationer: for his proper disposition;
1. to present himself to the Probation Office for 3. Payment can be effected directly to the victim
supervision within 72 hours from receipt of said and the receipt must be filed in the supervision
order; and record of the probationer kept at the Probation
2. to report to the assigned probation officer on case Office. Further, that the practice of giving the
at least once a month during the period of payment to the Supervising Probation Officer on
 case (or the CPPO) to be remitted to the victim, Outside Travel: A Probation Officer may authorize
although with receipts, should be highly a probationer to travel outside his area of
discouraged and discontinued out rightly. operational/territorial jurisdiction for a period of
more than ten (10) days but not exceeding thirty
SUPERVISION OF PROBATIONERS (30) days.
The primary purposes of probation supervision are to:
1. ensure the probationer's compliance with the A Probationer who seeks to travel for up to thirty
probation conditions specified in the Probation (30) days outside the operational/territorial
Order and the prescribed probation treatment and jurisdiction of the Probation Office shall file at least
supervision program/plan; five (5) days before the intended travel schedule
2. manage the process of the probationer's
rehabilitation and re-integration into the If the requested outside travel is for more than thirty
community; and (30) days, said request shall be recommended by the
3. provide guidance for the probationer's CPPO and submitted to the Trial Court for
transformation and development into a useful approval.
citizen for his eventual reintegration to the
mainstream of society. Outside travel for a cumulative duration of more
than thirty (30) days within a period of six (6)
Commencement of Supervision Service months shall be considered as a courtesy
Supervision service shall commence on the day of supervision.
initial interview or reporting of a probationer. Such
fact shall be duly noted in the case notes of the Absconding Probationer:
Probationer. A probationer who has not reported for initial
supervision within the prescribed period and/or
Initial Report: Upon the probationer's appearance whose whereabouts could not be found, located or
for his initial supervision, the Supervising Probation determined despite best diligent efforts within
Officer on case, or CPPO himself shall: reasonable period of time shall be declared by the
1. give instructions to the client using PPA Form 4 proper Office as an absconding probationer.
(instruction to probationer) in order to reinforce
probationer’s awareness of the probation Thereafter said Office shall file with the proper court
conditions specified in the Probation Order in a a Violation Report, containing its findings and
language or dialect understood by him; recommendation, duly prepared and signed by the
2. formulate with the client, the supervision Supervising Parole and Probation Officer and duly
treatment plan; and noted by the Chief Parole and Probation Officer.
3. carry out other related activities
Period of Probation:
Upon receipt of a copy of PPA Form No. 4, and a not more than 1 year 2 years
copy of the Probation Order on a particular more than one year - shall not exceed 2 years.
probationer the Probation Office through the CPPO
shall immediately assign the probation supervision When the sentence imposes a fine only and the
case to his subordinate Probation Officer. offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not
Failure to Report to Probation Officer After 72 be less than nor to be more than twice the total
Hours: number of days of subsidiary imprisonment.
In the event that the probationer does not report for
initial supervision within the prescribed period after Dual aspect in probation supervision.
the Probation Order has been released by the Trial 1. Authoritarian – deals with the enforcement of
Court, or his whereabouts are unknown, the the conditions imposed by the court in the
Probation Officer shall exert his best efforts to find probation order
said probationer and conduct such field inquiry as is 2. The guidance aspect – to direct the probationer
necessary within a reasonable period of time, before to live a law abiding life and be a productive
considering the fact that the subject has absconded member of the community.
amounting to a violation of a probation condition,
requiring the preparation and submission of a Supervision in probation involves two concepts
Violation Report (PPA Form 8) to the Trial Court. namely;
1. Operational supervision – refers to the joint power with respect to him that was previously
processes that take place between the probation possessed by the court which granted the probation.
officer and the probationer from the time
probation is granted until its due termination. Revocation of Probation. At any time during
2. Administrative supervision – refers to the probation, the court may issue a warrant for the arrest
relationship between the probation officer and of a probationer for any serious violation of the
the assistant probation officers during the conditions of probation. The probationer, once
conduct of operational supervision. arrested and detained, shall immediately be brought
before the court for a hearing of the violation
Levels of Supervision- The classification of charged. The defendant may be admitted to bail
supervision are as follows: pending such hearing. In such case, the provisions
a) Minimum- (green plan card) minimal regarding release on bail of persons charged with
attention is required and the probationer is crime shall be applicable to probationers arrested
ordered to report once a month to the under this provision. An order revoking the grant of
probation officer. probation or modifying the terms and conditions
b) Medium- (yellow plan card) - the probationer thereof shall not be appealable.
is in need of moderate attention and required
to report at least twice a month to the Termination of Probation: After the period of
probation office. probation and upon consideration of the report and
c) Maximum- (red plan card) this indicates that recommendation of the probation officer, the court
the person placed under probation is in need of may order the final discharge of the probationer upon
considerable attention and guidance. More finding that he has fulfilled the terms and conditions
than twice a month reporting is required in of his probation and thereupon the case is deemed
such cases. terminated. The final discharge of the probationer
shall restore his civil rights which were suspended
Modification of Conditions of Probation: During during the period of probation. At this point all civil
the period of probation, the court may, upon and criminal liability on the part of the probationer
application of either the probationers or the probation shall be extinguished.
officer, revise or modify the conditions or period of
probation. The court shall notify either the Volunteer Probation Assistants (VPAs)
probationer or the probation officer of the filing of To assist the Chief Probation and Parole Officers in
such an application so as to give both parties an the supervised treatment program of the probationers,
opportunity to be heard thereon. the Probation Administrator may appoint VPA’s,
those;
Change in the period or conditions of probation may a. Citizens of good repute and probity, who have
be considered when any of the following the willingness, aptitude and capability to act as
circumstances exists: VPAs;
a) Conditions are no longer appropriate to serve b. Preferably twenty- five (25) years old and above;
the ends of rehabilitation. c. Preferably a resident of the same community as
b) The performance of the probationer warrants the client;
reduction or extension of the period of d. Willing to serve without compensation;
probation. e. Capable to prepare reports;
c) Violations occurs which does not require f. No criminal conviction, however, former clients
revocation of probation. with exemplary behavior fit to be role models
d) The probationer has requested modification of may be considered; and
the probation order. g. Of good health.

Transfer of Residence: Whenever a probationer is Compensation of VPA’s

permitted to reside in a place under the jurisdiction of VPAs shall not receive any regular compensation
another court, control over him shall be transferred to except for reasonable transportation and meal
the executive judge of the "Court of First Instance" of allowances, as may be determined by the Probation
that place, and in such case, a copy of the Probation Administrator, for services rendered as VPAs.
Order, the investigation report and other pertinent
records shall be furnished to said executive judge. Terms of Office
Thereafter, the executive judge to whom jurisdiction They shall hold office for a two (2)-year term which
over the probationer is transferred shall have the may be renewed or recalled anytime for a just cause.
Their functions, qualifications, continuance in office such serious crimes as narcotics peddling, armed
and maximum case loads shall be further prescribed robbery, kidnapping, rape, or murder. .
under the implementing rules and regulations of this - Parole supervision ranges from little more than a
Act. periodic police check to intensive supervision by
trained personnel.
New Trends of Punishment: - Conditions of parole vary widely but usually
1. Pardon – An act of grace by the chief executive, define minimum standards of conduct, delimit
given after conviction which exempts the freedom of movement, and require the parolee to
offender from suffering criminal liability. report regularly to a parole officer.
2. Commutation – It is a change made by the - Violation of the conditions of parole may
President of the court’s decision by reducing the constitute grounds for parole revocation and re-
degree of penalty imposed by the court. incarceration.
3. Parole – It is the suspension of sentence of a
convict after serving the minimum term of Origin of parole: Parole was derived from the
indeterminate penalty, without granting pardon. French word "Parole d' honeur", meaning word of
4. Probation – a disposition after which the honor.
dependent after conviction and sentence is - The release of prisoners was derived from the
released subject to the conditions imposed by idea that they were released on their word of
the court and to supervision of a probation honor.
officer. - In England about 18th century, prisoners are
5. Good Conduct Time Allowance – it is the released from prison before serving their
deduction to the term of imprisonment due to the sentence as pronounce by the court.
convicts’ exceptional and good behavior while in - At that time almost all serious crimes (felonies)
prison. were punishable with death, but only a small
6. Indeterminate sentence - a sentence of proportion of those who were convicted of
imprisonment for the maximum period defined felonies were actually executed.
by law subject to termination by a parole board - The majority of those who were sentenced to
at any time after service of the minimum period. death were pardoned by the king, but their
7. Imposition of fines – it is pecuniary liability of pardon was granted on the condition that they
the offender to his victims, offended party and consent to be transported to one of the colonies
aggrieved persons. where labor was required--during the 17th and
18th centuries this was America and, following
PAROLE: Form of supervised conditional liberty American independence, Australia.
from prison granted prior to the expiration of the
sentence. "Ticket of leave system" – The convict detained
- As a form of correctional treatment, parole is under a sentence of transportation was allowed a
designed to enhance the protection of the measure of freedom, or the right to return to England,
community through the supervision and in return for good behavior. When the sentence of
rehabilitation of selected offenders following transportation was abolished in the mid-19th century,
their release from prison. the sentence that replaced it in English law, penal
- The modern use of parole as a correctional servitude, incorporated the same procedure under a
method stems from a change in penal philosophy different name – release on license.
to emphasize reform and rehabilitation rather The prisoner sentenced to penal servitude could earn
than retribution and punishment. his release from the penitentiary, but not from the
- Parole systems are usually administered by the shadow of the sentence, by his good behavior in
Department of Justice, although in Mexico and custody. His release was decided by the executive
South Africa the program is run by the Ministry government and was conditional on good behavior
of Welfare. outside prison; if another offense was committed, the
- In a few countries, parole is a function of the prisoner could be returned to prison to serve out the
judiciary. Eligibility for parole is governed by rest of the sentence (known as the remanet).
statutes that provide either definite or
indeterminate sentences and define offenses for In England the system of release from sentences of
which parole may be granted. penal servitude became almost inflexible by the later
- In some jurisdictions, eligibility for parole is years of the 19th century, with the result that all
prohibited by statute for offenders convicted of prisoners serving the sentence were released after
serving a fixed and predetermined portion of it; in the
United States at that time, however, the principle of - It is in the nature of a deed/for the validity of
the indeterminate sentence became widely accepted which delivery is an indispensable requisite.
and eventually formed the basis of the sentencing - It must be accepted that when a pardon already
laws of many states. In those states where the delivered, it cannot be revoked by the authority
indeterminate sentence was adopted, the law required granting it.
a judge who decided to sentence an offender to a term - In addition, it can only be given after a
of imprisonment to fix maximum and minimum conviction has been rendered by the court.
limits of confinement; the actual date of his release,
and the conditions, were then decided by an The exercise of pardoning power can be traced to the
executive body usually known as the parole board, medieval period and is mainly exercised by the ruling
which had power also to revoke the offender's parole monarchs. In the Philippines, during the term of
and return him to prison. The Indeterminate sentence incumbency of former President Ferdinand E.
was seen to have a number of advantages over the Marcos, the grant of pardons, reprieves,
more rigid form of sentence, in which the prisoner commutations and remit fines and forfeitures were
could work out his exact date of release from the widely exercised; In case of amnesty the
moment he was sentenced. concurrence of congress is required.

The indeterminate sentence allowed the authorities to There are two kinds of pardon as exercised in the
observe the behavior and attitudes of the offender Philippines, namely absolute and conditional.
while he was serving his sentence, and in particular Absolute Pardon – It is given without any condition
the way in which these changed for the better; it attached to it. Its grant carries with total extinction
provided an incentive to the prisoner to improve, in of criminal liability and designed for the following
order to convince the authorities that he was ready for purposes:
release. In addition to contributing in this way to the 1. To do away with the miscarriage of justice.
rehabilitation of the offender, the indeterminate 2. To restore full political and civil rights of
sentence had a number of administrative advantages persons who have already served their sentence.
to the prison authorities. It provided a powerful 3. To keep abreast with current philosophy in the
sanction against misbehavior--a prisoner who was administration of the criminal justice system.
violent or disruptive in prison knew that he risked
losing the chance of release; it allowed the authorities Limitations on the pardoning power:
to compensate for disparities in the sentences a. Pardon cannot be extended to cases of
imposed by judges (often believed to be a source of impeachment.
friction and discontent among prisoners); and it b. No pardon, parole or suspension of sentence for
provided a means by which the population of the the violation of any election law may be granted
prisons could be kept within limits. without favorable recommendations by the
Commission on Election.
The essential requisites of parole are as follows: c. It may only be granted by the president after
3. That the offender is convicted. conviction.
4. That he serves part of his sentence in prison.
5. That he is released before the full expiration of Conditional Pardon: It serves for the purpose of
his sentence. releasing rehabilitated and reformed convicts who are
6. That said release is conditional, dependent on his not eligible for parole.
good behavior. - A conditional Pardoned when delivered and
7. That he remains on parole until the expiration of accepted is considered as a social Contract
his maximum sentence or until he receives a final between the convict and the sovereign power of
discharge from parole. the executive that the latter will release the
former
FORMS OF EXECUTIVE CLEMENCY - In granting of conditional pardon the condition
Pardon: It is a form of executive clemency which is usually imposed upon the Convict is that "he
an act exercised by the President which exempting an shall not commit any felony or violate the Penal
individual on whom it is bestowed from the laws of the Philippines."
punishment the law inflicts for the crime he has It is commenced by a petition for either the convict or
committed. his/her family or upon recommendation of proper
- This is a privilege and only vested within the authorities to the Board of Pardons and Parole. Upon
powers of the chief executive and not subject to determination of sufficient service or length of
review. imprisonment and the prisoner's potential to become
a responsible member of society, the board will
endorse the favorable recommendation to the Reprieve: It is the temporary stay in the execution of
president. the sentence. The execution is set backwards to
enable the President to review the merits of the case
Abuse of Pardoning Powers and Safeguards: and to determine proper punishment for the convict.
To curtail or prevent the instances wherein the It is exercised only by the president only after
President may abuse his pardoning power by conviction.
indiscriminately granting of pardon to the detriment
of social order, the constitution mandates that abuse The Board of Pardon and Parole
of power is an impeachable offense. And in addition, Policy Objectives
as practiced before only cases or petition which have To uplift and redeem valuable human material to
been favorably endorsed by the Board of Pardon and economic usefulness and to prevent unnecessary and
Parole may be granted. But said matter is not entirely excessive deprivation of personal liberty by way of
binding on the president but only serve as a means of parole or through executive clemency.
decency in office.
Towards this end, the Board undertakes the
Amnesty: It is a general pardon extended to a group following:
or classes of persons and is exercised by the chief a. Looks into the physical, mental and moral
executive, with the concurrence of congress. It is records of prisoners who are eligible for parole
usually given to political offenders. Its purpose is to or any form of executive clemency and
bring about the return of dissidents and recalcitrant determines the proper time of release of such
members of our population to their homes and prisoners on parole;
resumption of their lawful pursuits. b. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with
Pardon and Amnesty distinguished: parole conditions, by way of parole supervision;
1. Pardon includes any crime and is exercised by and,
the President exclusively and individually, while c. Recommends to the President of the Philippines
amnesty is a blanket pardon to classes of the grant of any form of executive clemency to
persons or communities who may be guilty of prisoners other than those entitled to parole.
political offenses.
2. Pardon is given only after conviction while National Prisoner Confined in a Local Jail.
amnesty may be exercised even before The Board may not consider the release on
investigation, trial or conviction. pardon/parole of a national prisoner who is serving
3. In granting pardon the president may wish to do sentence in a municipal, city, district or provincial jail
so without any consent. In amnesty its final grant unless the confinement in said jail is in good faith or
needs the concurrence of congress. due to circumstances beyond the prisoner’s control.

Commutation: It is a change in the decision of the Who is a national prisoner?

court made; by the President by reducing the degree He is one who is sentenced to a maximum term of
of penalty inflicted upon the convict, or by reducing imprisonment of more than three (3) years or to a fine
the length of imprisonment or amount of fine of more than five thousand pesos; or regardless of the
imposed by the court in the verdict of conviction. length of sentence imposed by the Court, to one
Commutation is exercised to break the rigidity of the sentenced for violation of the customs law or other
law, to extend the benefits of parole to those not laws within the jurisdiction of the Bureau of Customs
entitled to it and to save lives of person sentenced to or enforceable by it, or to one sentenced to serve two
suffer the capital punishment. (2) or more prison sentences in the aggregate
exceeding the period of three (3) years.
Specific cases where commutation is automatically
provided: Filing of Petition to Board of Pardon and Parole
1. When the convicted person sentenced to A formal petition for executive clemency addressed
death is over seventy years of age. as follows shall be submitted to the Board before the
2. When there is a failure to obtain the vote or question of said clemency will be considered.
affirmation of eight justices of the Supreme
Court en banc. “The President of the Philippines Thru: The
3. In both cases the degree of penalty is Chairman Board of Pardons and Parole, DOJ
reduced to reclusion perpetua.
Agencies Bldg., NIA Road cor. East Avenue, In case of violation of election laws, rules and
Diliman, Quezon City” regulations, a petition for executive clemency/parole
shall be referred to the Commission on Elections for
Petitions for parole shall be addressed to the favorable recommendation, provided, however, that
Chairman or to the Executive Director of the Board. regardless of the crime committed, a petition for
However, the Board may, motu proprio, consider executive clemency/parole may be referred for a pre-
cases for parole, commutation of sentence or parole/executive clemency investigation to a
conditional pardon of deserving prisoners whenever Probation and Parole Officer who shall submit a
the interest of justice will be served thereby. report on the behavior, character antecedents, mental
and physical condition of the petitioner within thirty
Contents of Petition (30) days from receipt of referral, to include the
A petition for parole/executive clemency shall results of the National Bureau of Investigation
a. state the name of the prisoner, records check.
b. his age,
c. previous criminal record, if any, In case of an alien, the petition shall be referred to the
d. whether a Filipino citizen or an alien and, if a Department of Foreign Affairs for comment and
naturalized Filipino, his former nationality and recommendation.
date of naturalization,
e. his previous occupation, place of residence, Executive Clemency
f. present crime for which he was convicted, the Review of Cases for Executive Clemency
trial/appellate court, Petitions for executive clemency may be reviewed if
g. his penalty of imprisonment, fine, indemnity and the prisoners meet the following minimum
the commencing date thereof, requirements:
h. the jail or prison to which he was committed
and/or where he is presently confined, Commutation of Sentence
i. the date he was received for confinement, the 1. the prisoner shall have served at least one-third
grounds upon which executive clemency is being (1/3) of the minimum of his indeterminate and/or
asked and certification from the trial court that definite sentence or the aggregate minimum of
his case is not on appeal. his indeterminate and/or definite sentences.
2. at least ten (10) years for prisoners sentenced to
In addition to the above-mentioned data, a petition Reclusion Perpetua or Life imprisonment for
for absolute pardon shall be under oath and shall crimes or offenses committed before January 1,
include the date the petitioner was released from 1994.
prison after service of sentence or released on 3. at least twelve (12) years for prisoners whose
parole/pardon or terminated from probation. sentences were adjusted to a definite prison term
of forty (40) years in accordance with the
Referral of Petition for Absolute Pardon to a provisions of Article 70 of the Revised Penal
Probation and Parole Officer Code, as amended.
Upon receipt of a petition for absolute pardon, the 4. at least fifteen (15) years for prisoners convicted
Board shall refer the petition to a Probation and of heinous crimes as defined in Republic Act No.
Parole Officer who shall conduct an investigation on 7659 and other special laws committed on or
the conduct and activities, as well as the social and after January 1, 1994 and sentenced to one or
economic conditions, of the petitioner prior to his more Reclusion Perpetua or Life imprisonment.
conviction and since his release from prison and 5. at least twenty (20) years in case of one (1) or
submit a report thereof within fifteen (15) days from more Death penalty/penalties, which was/were
receipt of the referral. automatically reduced or commuted to one (1) or
more Reclusion Perpetua or Life imprisonment;
Referral of Petition for Executive
Clemency/Parole to Other Government Agencies For Conditional Pardon
A petition for executive clemency shall be referred by The prisoner shall have served at least one-half (1/2)
the Board to the Secretary of National Defense for of the minimum of his original indeterminate and/or
comment and recommendation if the crime definite sentence. However, in the case of a prisoner
committed by the petitioner is against national who is convicted of a heinous crime as defined in
security or public order or law of nations. Republic Act No. 7659 and other special laws, he
shall have served at least one-half (1/2) of the
maximum of his original indeterminate sentence will not be incompatible with the interest and welfare
before his case may be reviewed for conditional of society.
pardon.
Review of Cases for Parole
For Absolute Pardon Unless otherwise disqualified under the law, a case
After he has served his maximum sentence or granted for parole of a prisoner shall be reviewed upon a
final release and discharge or court termination of showing that he is confined in prison or jail to serve
probation. However, the Board may consider a an indeterminate sentence, the maximum period of
petition for absolute pardon even before the grant of which exceeds one (1) year, pursuant to a final
final release and discharge under the provisions of judgment of conviction and that he has served the
Section 6 of Act No. 4103, as amended, as when the minimum period of said sentence.
petitioner:
(1) is seeking an appointive/elective public position Parole is granted whenever the Board of Pardons and
or reinstatement in the government service; Parole finds that there is a reasonable probability that,
(2) needs medical treatment abroad which is not if released, the prisoner will be law-abiding and that
available locally, the release will not be incompatible with the interest
(3) will take any government examination; or and welfare of society.
(4) is emigrating.
Disqualification for Parole
Prisoners not Eligible for Executive Clemency The following prisoners shall not be granted parole:
Prisoners who escaped or evaded service of sentence a. Those convicted of an offense punished with
are not eligible for executive clemency for a period of Death penalty, Reclusion Perpetua or Life
one (1) year from the date or their last recommitment imprisonment;
to prison or conviction for evasion of service of b. Those convicted of treason, conspiracy or
sentence proposal to commit treason or espionage;
c. Those convicted of misprision of treason,
Transmittal of Carpeta and Prison Record rebellion, sedition or coup d’état;
In executive clemency/parole cases, the Director or d. Those convicted of piracy or mutiny on the high
Warden concerned shall forward the prison record seas or Philippine waters;
and carpeta of a petitioner at least one (1) month prior e. Those who are habitual delinquents i.e. those
to the eligibility for review. who, within a period of ten (10) years from the
date of release from prison or last conviction of
The Director or Warden concerned shall also furnish the crimes of serious or less serious physical
the Board and the Administration on or before the injuries, robbery, theft, estafa and falsification,
fifth day of every month, a list of prisoners whose are found guilty of any of said crimes a third
minimum sentences will expire within ninety (90) time or oftener;
days and those who may be considered for executive f. Those who escaped from confinement or
clemency. evaded sentence;
g. Those who were granted Conditional Pardon
WHAT IS PAROLE? and violated any of the terms thereof;
It is the conditional release of a prisoner from h. Those whose maximum term of imprisonment
correctional institution after serving the minimum does not exceed one (1) year or those with
period of prison sentence. definite sentence;
i. Those suffering from any mental disorder as
WHO CANNOT BE GRANTED PAROLE? certified by a government
Generally, those sentenced to a term of imprisonment psychiatrist/psychologist;
of one (1) year or less, or to a straight penalty, or to a j. Those whose conviction is on appeal;
prison sentence without a minimum term of k. Those who have pending criminal case/s.
imprisonment.
Deferment of Parole When Safety of
Grant of Parole Prisoner/Victim/Relatives of Victim/Witness
Parole is granted by the Board of Pardon and Parole. Compromised
A prisoner may be granted parole whenever the If, based on the Pre-Parole Investigation Report
Board finds that there is a reasonable probability that conducted on the prisoner, there is a clear and
if released, he will be law-abiding and that his release convincing evidence that his release on parole will
endanger his own life and those of his relatives or the
life, safety and well being of the victim, his relatives,
his witnesses and the community, the release of the The period of parole supervision shall extend up to
prisoner shall be deferred until the danger ceases. the expiration of the maximum sentence which
should appear in the Release Document, subject to
Factors to be Considered in Petition for the provisions of Section 6 of Act No. 4103 with
Conditional Pardon, Commutation of Sentence or respect to the early grant of Final Release and
Parole. Discharge.
a. the age of the petitioner, the gravity of the
offense and the manner in which it was Form of Release Document. — The form of the
committed, and the institutional behavior or Release Document shall be prescribed by the Board
conduct and previous criminal record, if any; and shall contain the latest 1” x 1” photograph and
b. evidence that petitioner will be legitimately right thumbprint of the prisoner.
employed upon release;
c. a showing that the petitioner has a place where
he will reside; Transmittal of Release Document. — The Board
d. availability of after-care services for the shall send a copy of the Release Document to the
petitioner who is old, seriously ill or suffering prisoner named therein through the Director of
from a physical disability; Corrections or Warden of the jail where he is
e. attitude towards the offense and the degree of confined who shall send a certification of the actual
remorse; and, date of release of prisoner to the Probation and Parole
f. the risk to other persons, including the victim, his Officer.
witnesses, his family and friends, or the
community in general, the possibility of Initial Report. — Within the period prescribed in his
retaliation by the victim, his family and friends. Release Document, the prisoner shall present himself
to the Probation and Parole Officer specified in the
Special Factors Release Document for supervision.
The Board may give special consideration to the
recommendation for commutation of sentence or If within forty five (45) days from the date of release
conditional pardon whenever any of the following from prison or jail, the parolee/pardonee concerned
circumstances are present: still fails to report, the Probation and Parole Officer
a. youthful offenders; shall inform the Board of such failure, for appropriate
b. prisoners who are sixty (60) years old and above; action.
c. physical disability such as when the prisoner is
bedridden, a deaf mute, a leper, a cripple or is Arrival Report. — The Probation and Parole Officer
blind or similar disabilities; concerned shall inform the Board thru the Technical
d. serious illness and other life-threatening disease Service, Parole and Probation Administration the date
as certified by a government physician; the client reported for supervision not later than
e. those prisoners recommended for the grant of fifteen (15) working days therefrom.
executive clemency by the trial/appellate court as
stated in the decision; Mandatory Conditions of Supervision. — It shall
f. alien prisoners where diplomatic considerations be mandatory for a client to comply with the terms
and amity between nations necessitate review; and conditions appearing in the release document.
g. circumstances which show that his continued
imprisonment will be inhuman or will pose a
Review and Modification of Conditions. — The
grave danger to the life of the prisoner or his co-
Board may, upon the recommendation of the
inmates; and,
Probation and Parole Officer, revise or modify the
h. such other similar or analogous circumstances
terms and conditions appearing in the Release
whenever the interest of justice will be served
Document.
thereby.

Parole Supervision Transfer of Residence. — A client may not transfer

Parole Supervision. — After release from from the place of residence designated in his Release
confinement, a client shall be placed under the Document without the prior written approval of the
supervision of a Probation and Parole Officer so that Regional Director subject to the confirmation by the
the former may be guided and assisted towards Board.
rehabilitation.
Outside Travel. — A Chief Probation and Parole information given by said client to the Board, either
Officer may authorize a client to travel outside his before and after release, was false, or incomplete or
area of operational jurisdiction for a period of not that the client had willfully or maliciously concealed
more than thirty (30) days. A travel for more than material information from the Board.
30 days shall be approved by the Regional
Director. Review of Case of Recommitted Parolee. — The
Board may consider the case of a recommitted
Travel Abroad and/or Work Abroad. — Any parolee for the grant of a new parole after the latter
parolee or pardonee under active shall have served 1/4 of the unserved portion of his
supervision/surveillance who has no pending criminal maximum sentence.
case in any court may apply for overseas work or
travel abroad. However, such application for travel Termination of Parole and Conditional Pardon
abroad shall be approved by the Administrator and Supervision
confirmed by the Board. Certificate of Final Release and Discharge. —
After the expiration of the maximum sentence of a
Death of Client. — If a client dies during client, the Board shall, upon the recommendation of
supervision, the Probation and Parole Officer shall the Chief Probation and Parole Officer that the client
immediately transmit a certified true copy of the has substantially complied with all the conditions of
client’s death certificate to the Board recommending his parole/pardon, issue a certificate of Final Release
the closing of the case. However, in the absence of a and Discharge to a parolee or pardonee. However,
death certificate, an affidavit narrating the even before the expiration of maximum sentence and
circumstances of the fact of death from the barangay upon the recommendation of the Chief Probation and
chairman or any authorized officer or any immediate Parole Officer, the Board may issue a certificate of
relative where the client resided, shall suffice. Final Release and Discharge to a parolee/pardonee
pursuant to the provisions of Section 6 of Act No.
Progress Report. — When a parolee/pardonee 4103, as amended.
commits another offense during the period of his
parole surveillance, and the case filed against him has The clearances from the police, court, prosecutor’s
not yet been decided by the court, a Progress Report office and barangay officials shall be attached to the
should be submitted by the Probation and Parole Summary Report.
Officer to the Board.
Effect of Certificate of Final Release and
Report of Parole Infraction/Violation. —Any Discharge. — Upon the issuance of a certificate of
violation of the terms and conditions appearing in his Final Release and Discharge, the parolee/pardonee
Release Document or any serious deviation or non- shall be finally released and discharged from the
observance of the obligations set forth in the parole conditions appearing in his release document.
supervision program shall be immediately reported However, the accessory penalties of the law which
by his Probation and Parole Officer to the Board. have not been expressly remitted therein shall subsist.
The report shall be called Infraction Report when the
client has been subsequently convicted of another Transmittal of Certificate of Final Release and
crime. Discharge. — The Board shall forward a certified
true copy of the certificate of Final Release and
Arrest of Client. — Upon receipt of an Infraction Discharge to the Court which sentenced the released
Report, the Board may order the arrest or client, the Probation and Parole Officer who has
recommitment of the client. supervision over him, the client, the Bureau of
Corrections, the National Bureau of Investigation, the
Effect of Recommitment of Client. — The client Philippine National Police and the Office of the
who is recommitted to prison by the Board shall be President.
made to serve the remaining unexpired portion of the
maximum sentence for which he was originally Duration of Penalties, Art 27, RPC
committed to prison. 1. Reclusion Perpetua- 20 years and 1 day to 40
years
Cancellation of Pardon/Parole. — The Board may 2. Reclusion Temporal- 12 years and 1 day to 20
recommend the cancellation of the pardon or cancel years.
the grant of parole of a client if it finds that material
3. Prision Mayor and Temporary Disqualification- WHEREAS, the confinement of all offenders in
6 years and 1 day to 12 years; except when prisons and other institutions with rehabilitation
disqualification is an 'accessory penalty, in which programs constitutes an onerous drain on the
case its duration is that of the principal penalty. financial resources of the country; and
4. Prision Correcional, suspension and destierro- 6
months and 1 day to 6 years, except when WHEREAS, there is a need to provide a less costly
suspension is an accessory penalty, in which case alternative to the imprisonment of offenders who are
its duration is that of the principal penalty. likely to respond to individualize, community-based
5. Arresto mayor- 1 month and 1 day to 6 months. treatment programs;
6. Arresto menor- 1 day to 30 days.
7. Bond to keep the peace- the period in which .the SECTION 1.Title and Scope of the Decree. This
bond shall be effective is discretionary on the Decree shall be known as the Probation Law of 1976.
court. It shall apply to all offenders except those entitled to
the benefits under the provisions of Presidential
Classification of Penalties under Art 26, RPC. Decree numbered Six Hundred and Three and similar
Principal penalties- those expressly imposed by the laws.
court in the judgment of conviction.
a. Divisible- are those which that have fixed SECTION 2. Purpose - This decree shall be
duration and are divisible into three periods. interpreted so as to:
b. Indivisible- are those have no fixed durations a. Promote the correction and rehabilitation of an
Death offender by providing him with individualized
Reclusion Perpetua treatment;
Perpetual absolute or special b. Provide an opportunity for the reformation of a
disqualification penitent offender which might be less probable
Public censure if he were to serve a prison sentence; and might
Accessory penalties- those that are deemed included be less probable if he were to serve a prison
in the imposition of the principal penalties. sentence; and
Classification of penalties according to their gravity: c. Prevent the commission of offenses.
1. Capital
2. Afflictive SECTION 3 Meaning of Terms. - As used in this
3. Correctional Decree, the following shall, unless the context
4. Light otherwise requires, be construed thus:
Classification of penalties according to subject a. "Probation." Is a disposition under which a
matter: defendant, after conviction and sentence, is
1. Corporal (death) released subject to conditions imposed by the
2. Deprivation of freedom (reclusion, prision, arresto) court and to the supervision of probation officer.
3. Restriction of freedom (destierro) b. "Probationer" means a person place on
4. Deprivation of rights (disqualification and probation.
suspension) c. "Probation officer" means one who investigates
5. Pecuniary (fine) for the court a referral for probation or supervises
a probationer or both.

RELATED LAWS ON CORRECTIONAL SEC.4 Grant of Probation - Subject to the

ADMINISTRATION provisions of this Decree, the court may, after it shall
have convicted and sentenced a defendant and upon
PRESIDENTIAL DECREE NO. 968 - application at any time of said defendant, suspend the
ESTABLISHING A PROBATION SYSTEM, execution of said sentences and place the defendant
APPROPRIATINGFUNDS THEREFORE AND on probation for such period and upon such terms and
FOR OTHER PURPOSES conditions as it may deem best.

WHEREAS, one of the major goals of the Probation may be granted whether the sentence
government is to establish a more enlightened and imposes a term of imprisonment or a line only. An
humane correctional system that will promote the application for probation shall be filed with the trill
reformation of orders and thereby reduce the court, with notice to the appellate court if an appeal
incidence of recidivism; has been taken from the sentence of conviction. The
filing of an application shall be deemed a waiver of
the right to appeal, or the automatic withdrawal of a a. Sentenced to serve a maximum term of
pending appeal. imprisonment of more than six years;
b. Convicted of any offense against the security of
An order granting or denying probation shall not be the State;
appealable. c. Who have previously been convicted by final
judgment of an offense punished by
SEC. 5 Post-sentence investigation - No person imprisonment of not less than one month and one
shall be placed on probation except upon prior day and/or a fine of not less than Two Hundred
investigation by the probation officer and Pesos;
determination by the court that the ends of justice and d. Who have been once on probation under the
the best interest of the public as well as that of the provisions of this Decree; and
defendant will be served thereby. e. Who are already serving sentence at the same
SEC. 6 Form of Investigation Report - The time the substantive provisions of this Decree
investigation report to be submitted by the probation becal11e applicable Pursuant to Section 33
officer under Section 5 hereof shall be in the form hereof.
prescribed by the Probation Administrator and
approved by the Secretary of Justice. SEC. 10 Conditions of Probation - Every probation
order issued by the court shall contain conditions
SEC. 7 Period for submission of investigation requiring that the probationer shall;
Report - The probation officer shall submit to the a. Present himself to the probation officer
court the Investigation report on a defendant not designated to undertake his provision at such
later than sixty days from receipt of the order and place as may be specified in the order within
said court to conduct the investigation. The court seventy-two hours from receipt of said order.
shal1 resolve the petition for probation not later than b. Report to the probation officer at least once a
15 days after the receipt of said report: month at such time and place as specified by said
officer;
Pending submission of the investigation report and
the resolution of the petition, the defendant may be The court may also require the probationer to:
allowed to temporary liberty under his bail tiled In a. Cooperate with a program of supervision;
the criminal case; Provide, that, In case where no bail b. Meet his family responsibilities;
was tiled or that the defendant is incapable of filing c. Devote himself to a specific employment and not
one, the court may allow the release of the defendant to change said employment without the prior
on a recognizance to the custody of a responsible written approval of the probation officer;
member of the community who shall guarantee his d. Undergo medical, psychological or psychiatric
appearance whenever required by the court. examination and treatment and enter and remain
in a specified Institution, when require for that
SEC. 8 Criteria for Placing an Offender on purpose;
Probation - In determining whether an offender may e. Pursue a proscribed secular study or vocational
be placed on probation in the court shall consider all training;
information relative to the character, antecedents, f. Attend or reside in a facility established for
environment, mental and physical condition of the instruction, recreation or residence of persons on
offender, and available institutional and community probation;
resources. Probation shall be denied if the court finds g. Refrain from visiting houses of ill repute;
that: h. Abstain from drinking intoxicating beverages to
a. The offender is in need of correctional treatment excess;
that can be provided most effectively by his i. Permit the probation officer or an authorized
commitment to an institution; or social worker to visit his home and place of
b. There is an undue risk that during the period of work;
probation the offender will commit another j. Reside at premises approved by it and not to
crime; or change his residence without its prior written
c. Probation will depreciate the seriousness of the approval; or
offense committed. k. Satisfy any other condition related to the
rehabilitation of the defendant and not unduly
SEC. 9 Disqualified Offenders - The benefits of this restrictive of his liberty or incompatible with his
Decree shall not be extended to those: freedom of conscience.
SEC. 11 Effectively of Probation Order - A probation may issue a warrant for the arrest of a probationer for
order shall take effect upon its issuance at which time violation of any of the conditions of probation. The
the court snail inform the offender of the probationer, once arrested and detained, shall
consequences thereof and explain that upon his immediately be brought before the court for a
failure to comply with any of the conditions hearing, which may be Informed and summary, of the
prescribed in the said order or his commission of violation charged. The defendant may be admitted to
another offence, he shall serve the penalty imposed bail pending such hearing. In such a case, the
for the offense under which he was placed on provisions regarding release on bail of persons
probation. charged with a crime shall be applicable to
probationers arrested under this provision. If revoked,
SEC. 12 Modification of conditions of Probation - the court shall order the probationer to serve the
During the period of probation, the court may, upon sentence originally imposed. An order revoking the
application of either the probationer or the probation grant of probation or modifying the terms and
officer, revise or modify the conditions or period of conditions thereof shall not be responsible.
probation. The court shall notify either the probation
or the probation officer of the filing of such an SEC. 16 Termination of Probation - After the period
application so as to give both parties an opportunity of probation and upon consideration of the report and
to be heard thereon. recommendation of the probation officer, the court
may order the final discharge of the probationer upon
The court shall inform in writing the probation officer finding that he has fulfilled the terms and conditions
and probationer of any change in the period or of his probation and thereupon the case is deemed
conditions of probation. terminated.
The final discharge of the probationer shall operate to
SEC. 13 Control and Supervision of Probationer - restore to him all civil rights lost or suspended as a
The probationer and his probation program shall be result of his conviction and to fully discharge his
under the control of the court who placed him on liability for any fine imposed as to the offense for
probation subject to actual supervision and visitation which probation was granted.
by a probation officer.
The probationer and the probation officer shall each
Whenever a probationer is permitted to reside in a be furnished with a copy of such order.
place under the jurisdiction of another court, control SEC. 17 Confidentiality of Records. - The
over him shall be transferred to the Executive Judge investigation report and the supervision history of a
of the Court of First instance of that place, and in probationer obtained under this Decree shall be
such a case, a copy of the probation order, the privileged and shall not be disclosed directly or
investigation report and other pertinent records shall indirectly to anyone other than the Probation
be furnished said Executive Judge. There after the Administration or the court concerned, except that the
Executive Judge to whom Jurisdiction over the court, in Its discretion, may permit the probationer or
probationer is transferred shall have the power with his attorney to Inspect the aforementioned documents
respect to him that was previously possessed by the of parts thereof whenever the best interest of the
court which granted the probation. Probationer makes such disclosure desirable of
helpful; Provided, Further, That, any government
SEC. 14 Period of Probation officer or agency engaged in the correction or
(a) The period of probation of a defendant sentenced rehabilitation of offenders may, if necessary, obtain
to a term of imprisonment of not more than one year copies of said documents for its official use from the
shall not exceed two years, and in all other cases, said proper court or the Administration.
period shall not exceed six years.
(b) When the sentence imposes a fine only and the SEC. 10 The Probation Administration - There is
offender is made to serve subsidiary Imprisonment In hereby created under the Department of Justice an
case of insolvency, the period of probation shall not agency to be known as the probation Administration
be less than nor be more than twice the total number herein referred to as the Administration, which shall
of days of subsidiary imprisonment as computed at exercise general supervision over all probationers.
the rate established in Article thirty-nine of the The Administration shall have such staff, operating
Revised Penal Code, as amended. . units and personnel as may be necessary for the
proper execution of the functions.
SEC. 15 Arrest of Probationer; Subsequent
Disposition - At any time during probation, the court
SEC. 19 Probation Administrator - The pattern established under the Integrated
Administration shall be headed by the Probation Reorganization Plan.
Administrator, herein after referred to as the
Administrator, who shall be appointed by the Such regional offices shall be headed by a Regional
President of the Philippines. He shall hold office Probation Officer who shall be appointed by the
during good behavior and shall not be removed President of the Philippines in accordance with the
except for cause; Integrated Reorganization Plan and upon the
recommendation of the Secretary of Justice.
The Administrator shall receive an annual salary of at
least forty thousand pesos. His powers and duties The Regional Probation Officer shall exercise
shall be to: supervision and control over all probation officers
(a) Act as the executive officer of the within his jurisdiction and such duties as may be
Administration; assigned to him' by the Administrator. He shall have
(b) Exercise supervision and control over all an annual salary of at least twenty-four thousand
probation officers; pesos.
(c) Make annual reports to the Secretary of Justice,
in such form as the latter may prescribe, He shall, whenever necessary, be assisted by an
concerning the operation, administration and Assistant Regional Probation Officer who shall also
improvement of the probation system; be appointed by the President of the Philippines,
(d) Promulgate, subject to the approval of the upon recommendation of the Secretary of Justice,
Secretary of Justice, the necessary rules relative with an annual salary of twenty thousand pesos.
to the methods and procedures of the probation SEC. 23 Provincial and City Probation Officers -
process; There shall be at least one probation officer in each
(e) Recommend to the Secretary of Justice the province, all city who shall be appointed by the
appointment of the subordinate personnel of his Secretary of Justice upon recommendation of the
Administration and other offices established in Administrator and in accordance with civil service
this Decree, and law and rules.
(f) Generally, perform such duties and exercise such
powers as may be necessary for incidental to The Provincial or City Probation Officer shall receive
achieve the objectives of this Decree. an annual salary of at least eighteen thousand and
four, hundred pesos.
SEC. 20 Assistant Probation Administrator - There
shall be an Assistant Probation Administrator who His duties shall be to:
shall assist the Administrator and perform such duties (b) Investigate all persons referred to him for
as may be assigned to him by the latter and as may be Investigation by the proper court or the
provided by law. In the absence of the Administrator, Administrator;
he shall act as head of the Administration. . (c) Instruct all probationers under the supervision
or that of the probation aide on terms and
SEC. 21 Qualifications of the Administrator and conditions of their probation;
Assistant Probation. (d) Keep himself Inform\!d of the conduct and
condition of probationers under his charge and
Administrator - To be eligible for appointment as use all suitable methods to bring about an
Administrator or Assistant Probation Administrator, a improvement In their conduct and condition;
person must be at least thirty five years of age, holder (e) Maintain a detailed record of his work and
of a master's degree or its equivalent in either submit such written reports as may be required
criminology, social work, corrections, penology, by the Administration or the court having
psychology, sociology, public administration, law, Jurisdiction over the probationer under his
police science, police administration, or related supervision.
fields, and should have at least five years of (f) Prepare a list of qualified residents of the
supervisory experience, or be a member of the province or city where he is assigned who are
Philippine Bar with at least seven years of willing to act as probation aides;
supervisory experience. (g) Supervise the training of probation sides and
oversee the latter's supervision of probationers;
SEC. 22 Regional Office; Regional Probation Officer (h) Exercise supervision and control over all field
- The Administration shall have regional offices assistants, probation aides and other personnel;
organized in accordance with the field service area and
(i) Perform such duties as may be assigned by the Administrator. Their qualifications and maximum
court or the Administration. caseloads shall be provided in the rules promulgated
pursuant to this Decree.
SEC. 24 Miscellaneous Powers of Provincial and
City Probation Officers - Provincial or City Probation SEC. 29 Violation of Confidential Nature of
Officers shall have the authority within their Probation Records. The penalty of imprisonment
territorial jurisdiction to administer oaths and ranging from six months and one day to six years and
acknowledgements and to take depositions In a fine ranging from six thousand pesos shall be
connection with their duties and functions under this imposed upon any person who violates Section 17
Decree. They shall also have, with respect to hereof.
probationers under their care, the powers of a police
officer. SEC. 30 Appropriations- There is hereby authorized
the appropriation of the sum of six Million Five
SEC. 25 Qualifications of Regional, Assistant Hundred Thousand Pesos or so much as may be
Regional. Provincial, and City Probation Officers - necessary, out of any of the funds of the National
No persons shall be appointed Regional or Assistant Treasury not otherwise appropriated, to carry out the
Regional or Provincial or City Probation Officer purposes of this Decree. Thereafter, the amount of at
unless he possesses at least a bachelor's degree with least Ten Million Five Hundred Thousand Pesos or so
major in social work, sociology, psychology, much as may be necessary shall be included in the
criminology, penology, corrections, police science, annual appropriations of the National Government.
police administration, or related fields and has at least
three years of experience in work requiring any of the SEC. 31.Repealing Clause. - All provisions of
above mentioned disciplines, or is a member of the existing laws, orders and regulations contrary or
Philippine Bar with at least three year of supervisory inconsistent with this Decree are hereby
experience. repealed or modified accordingly. .

Whenever practicable, the Provincial or City SEC. 32 Separability of Provisions. - If any part,
Probation Officer shall be appointed from among section or provision of this Decree shall be held
qualified residents of the province or city where he invalid or unconstitutional, no other parts, sections or
will be assigned to work. provisions hereof shall be affected thereby.
SEC. 33 Effectivity. This Decree shall take effect
SEC. 26 Organization - Within twelve months from upon its approval: Provided, However, That, the
the approval of this Decree, the Secretary of Justice application of its substantive provisions concerning
shall organize the administrative structure of the the grant of probation shall only take effect twelve
Administration and the other agencies created herein. months after the certification by the Secretary of
During said period he shall also determine the Justice to the Chief Justice of the Supreme Court that
staffing patterns of the regional provincial and city the administrative structure of the Probation
probation offices with the end in view of achieving Administration and of the other agencies has been
maximum efficiency and economy in the operations organized.
of the probation system.
Done in the City of Manila, this 24th day of July in
SEC. 27 Field Assistants, Subordinate Personnel. the year of our Lord, nineteen hundred and seventy
Provincial or city probation officers shall be assisted six.
by such field assistants and subordinate personnel as
may be necessary to enable them to carry out their REPUBLIC ACT No. 10707
duties effectively. AN ACT AMENDING PRESIDENTIAL
DECREE NO. 968, OTHERWISE KNOWN AS
SEC. 28 Probation Aides. To assist the Provincial or THE “PROBATION LAW OF 1976”, AS
city probation officers in the supervision of AMENDED
probationers, The probation Administrator may
appoint citizens of good repute and probity to act as SECTION 1. Section 4 of Presidential Decree No.
probation aides. 968, as amended, is hereby further amended to read
Probation aides shall not receive any regular as follows:
compensation for services except for reasonable
travel allowance. They shall hold office for such “SEC. 4. Grant of Probation. — Subject to the
period as may be determined by the Probation provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant for a 4. who have been once on probation under the
probationable penalty and upon application by said provisions of this Decree; and
defendant within the period for perfecting an appeal, 5. who are already serving sentence at the time the
suspend the execution of the sentence and place the substantive provisions of this Decree became
defendant on probation for such period and upon such applicable pursuant to Section 33 hereof.”
terms and conditions as it may deem best. No
application for probation shall be entertained or SECTION 3. Section 16 of the same Decree, as
granted if the defendant has perfected the appeal from amended, is hereby further amended to read as
the judgment of conviction: Provided, That when a follows:
judgment of conviction imposing a non-probationable “SEC. 16. Termination of Probation. — After the
penalty is appealed or reviewed, and such judgment period of probation and upon consideration of the
is modified through the imposition of a probationable report and recommendation of the probation officer,
penalty, the defendant shall be allowed to apply for the court may order the final discharge of the
probation based on the modified decision before such probationer upon finding that he has fulfilled the
decision becomes final. The application for probation terms and conditions of his probation and thereupon
based on the modified decision shall be filed in the the case is deemed terminated.
trial court where the judgment of conviction
imposing a non-probationable penalty was rendered, “The final discharge of the probationer shall operate
or in the trial court where such case has since been to restore to him all civil rights lost or suspended as a
re-raffled. In a case involving several defendants result of his conviction and to totally extinguish his
where some have taken further appeal, the other criminal liability as to the offense for which
defendants may apply for probation by submitting a probation was granted.
written application and attaching thereto a certified
true copy of the judgment of conviction. “The probationer and the probation officer shall each
be furnished with a copy of such order.”
“The trial court shall, upon receipt of the application
filed, suspend the execution of the sentence imposed SECTION 4. Section 24 of the same Decree is
in the judgment. hereby amended to read as follows:

“This notwithstanding, the accused shall lose the “SEC. 24. Miscellaneous Powers of Regional,
benefit of probation should he seek a review of the Provincial and City Probation Officers. — Regional,
modified decision which already imposes a Provincial or City Probation Officers shall have the
probationable penalty. authority within their territorial jurisdiction to
administer oaths and acknowledgments and to take
“Probation may be granted whether the sentence depositions in connection with their duties and
imposes a term of imprisonment or a fine only. The functions under this Decree. They shall also have,
filing of the application shall be deemed a waiver of with respect to probationers under their care, the
the right to appeal. powers of a police officer. They shall be considered
as persons in authority.”
“An order granting or denying probation shall not be
appealable.” SECTION 5. Section 27 of the same Decree is
hereby amended to read as follows:
SECTION 2. Section 9 of the same Decree, as
amended, is hereby further amended to read as “SEC. 27. Field Assistants, Subordinate Personnel. –
follows: Regional, Provincial or City Probation Officers shall
“SEC. 9. Disqualified Offenders. — The benefits of be assisted by such field assistants and subordinate
this Decree shall not be extended to those: personnel as may be necessary to enable them to
1. sentenced to serve a maximum term of carry out their duties effectively.”
imprisonment of more than six (6) years;
2. convicted of any crime against the national SECTION 6. Section 28 of the same Decree is
security; hereby amended to read as follows:
3. who have previously been convicted by final
judgment of an offense punished by “SEC. 28. Volunteer Probation Assistants (VPAs). —
imprisonment of more than six (6) months and To assist the Chief Probation and Parole Officers in
one (1) day and/or a fine of more than one the supervised treatment program of the probationers,
thousand pesos (P1,000.00); the Probation Administrator may appoint citizens of
good repute and probity, who have the willingness, sentence with four-fifths of the time during which he
aptitude, and capability to act as VPAs. has undergone preventive imprisonment.

“VPAs shall not receive any regular compensation "Credit for preventive imprisonment for the penalty
except for reasonable transportation and meal of reclusion perpetua shall be deducted from thirty
allowances, as may be determined by the Probation (30) years.
Administrator, for services rendered as VPAs.
"Whenever an accused has undergone preventive
“They shall hold office for a two (2)-year term which imprisonment for a period equal to the possible
may be renewed or recalled anytime for a just cause. maximum imprisonment of the offense charged to
Their functions, qualifications, continuance in office which he may be sentenced and his case is not yet
and maximum case loads shall be further prescribed terminated, he shall be released immediately
under the implementing rules and regulations of this without prejudice to the continuation of the trial
Act. thereof or the proceeding on appeal, if the same is
under review. Computation of preventive
“There shall be a reasonable number of VPAs in imprisonment for purposes of immediate release
every regional, provincial, and city probation office. under this paragraph shall be the actual period of
In order to strengthen the functional relationship of detention with good conduct time allowance:
VPAs and the Probation Administrator, the latter Provided, however, That if the accused is absent
shall encourage and support the former to organize without justifiable cause at any stage of the trial, the
themselves in the national, regional, provincial, and court may motu proprio order the rearrest of the
city levels for effective utilization, coordination, and accused: Provided, finally, That recidivists, habitual
sustainability of the volunteer program.” delinquents, escapees and persons charged with
GOOD CONDUCT TIME ALLOWANCE heinous crimes are excluded from the coverage of
this Act. In case the maximum penalty to which the
REPUBLIC ACT No. 10592 - An act amending accused may be sentenced is lestierro, he shall be
articles 29, 94, 97, 98 and 99 of Act. 3815. (credit of released after thirty (30) days of preventive
preventive imprisonment and good conduct time imprisonment."
allowance)
Partial extinction of criminal liability. – Criminal
Period of preventive imprisonment deducted from liability is extinguished partially:
term of imprisonment 1. By conditional pardon;
– Offenders or accused who have undergone 2. By commutation of the sentence; and
preventive imprisonment shall be credited in the 3. For good conduct allowances which the culprit
service of their sentence consisting of deprivation of may earn while he is undergoing preventive
liberty, with the full time during which they have imprisonment or serving his sentence."
undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing after being Allowance for good conduct. – The good conduct of
informed of the effects thereof and with the any offender qualified for credit for preventive
assistance of counsel to abide by the same imprisonment pursuant to Article 29 of this Code, or
disciplinary rules imposed upon convicted prisoners, of any convicted prisoner in any penal institution,
except in the following cases: rehabilitation or detention center or any other local
a. When they are recidivists jail shall entitle him to the following deductions from
b. An accused who has been convicted previously the period of his sentence:
twice or more times of any crime a. first two years - twenty days for each month
c. An accused who, upon being summoned for the b. third to the fifth year - twenty-three days for each
execution of their sentence they have failed to month
surrender voluntarily before a court of law c. following years until the tenth year - twenty-five
d. Habitual delinquents days for each month
e. Escapees; and d. eleventh and successive years - thirty days for
f. PDL charge of heinous crimes. each month
e. At any time during the period of imprisonment -
"If the detention prisoner does not agree to abide by fifteen days for each month of study, teaching or
the same disciplinary rules imposed upon convicted mentoring service time rendered.
prisoners, he shall do so in writing with the assistance
of a counsel and shall be credited in the service of his
The following are DISQUALIFIED to avail GCTA subsidiary personal liability at the rate of one day
during PREVENTIVE imprisonment for each amount equivalent to the highest
a. When they are recidivists minimum wage rate prevailing in the Philippines
b. An accused who has been convicted previously at the time of the rendition of judgment of
twice or more times of any crime conviction by the trial court, subject to the
c. An accused who, upon being summoned for the following rules:
execution of their sentence they have failed to 1. If the principal penalty imposed be prision
surrender voluntarily before a court of law correctional or arresto and fine, he shall remain
d. Habitual delinquents under confinement until his fine referred in the
e. Escapees; and preceding paragraph is satisfied, but his
f. PDL charge of heinous crimes. subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no case
The following are DISQUALIFIED to avail GCTA shall it continue for more than one year, and no
during SERVICE of SENTENCE fraction or part of a day shall be counted against
a. When they are recidivists the prisoner.
b. Habitual delinquents 2. When the principal penalty imposed be only a
c. Escapees; and fine, the subsidiary imprisonment shall not
d. PDL charge of heinous crimes. exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and
"An appeal by the accused shall not deprive him of shall not exceed fifteen days, if for a fight felony.
entitlement to the above allowances for good 3. When the principal penalty imposed is higher
conduct." than prision correctional, no subsidiary
imprisonment shall be imposed upon the culprit.
Special time allowance for loyalty 4. If the principal penalty imposed is not to be
A deduction of 1/5 of the period of his sentence - executed by confinement in a penal institution,
gives himself up to the authorities within 48 hours but such penalty is of fixed duration, the convict,
following the issuance of a proclamation announcing during the period of time established in the
the passing away of the calamity or catastrophe preceding rules, shall continue to suffer the same
A deduction of 2/5 of the period of his sentence – if deprivations as those of which the principal
the prisoner chose to stay in the place of his penalty consists.
confinement notwithstanding the existence of a 5. The subsidiary personal liability which the
calamity or catastrophe convict may have suffered by reason of his
insolvency shall not relieve him from the fine in
This Article shall apply to any prisoner whether case his financial circumstances should improve.
undergoing preventive imprisonment or serving
sentence. RECOGNIZANCE ACT OF 2012
REPUBLIC ACT No. 10389
Who grants time allowances:
a. the Director of the Bureau of Corrections, An act institutionalizing recognizance as a mode of
b. the Chief of the Bureau of Jail Management and granting the release of an indigent person in custody
Penology and/or as accused in a criminal case and for other purposes.
c. the Warden of a provincial, district, municipal or (release on recognizance)
city jail
Statement of Policy. – It is the declared policy of the
GCTA, TASTM, and STAL ONCE GRANTED is State to promote social justice in all phases of
shall NOT be REVOKED. national development, including the promotion of
restorative justice as a means to address the problems
confronting the criminal justice system such as
SUBSIDIARY IMPRISONMENT LAW protracted trials, prolonged resolution of cases, lack
of legal representation, lack of judges, inability to
REPUBLIC ACT NO. 10159 - an act amending post bail bond, congestion in jails, and lack of
article 39 of Act. 3815 (subsidiary imprisonment) opportunity to reform and rehabilitate offenders. In
consonance with the principle of presumption of
Subsidiary Penalty. – If the convict has no property innocence, the 1987 Philippine Constitution
with which to meet the fine mentioned in paragraph 3 recognizes and guarantees the right to bail or to be
of the next preceding article, he shall be subject to a released on recognizance as may be provided by law.
In furtherance of this policy, the right of persons, Requirements. – The competent court where a
except those charged with crimes punishable by criminal case has been filed against a person covered
death, reclusion perpetua, or life imprisonment, to be under this Act shall, upon motion, order the release of
released on recognizance before conviction by the the detained person on recognizance to a qualified
Regional Trial Court, irrespective of whether the case custodian: Provided, That all of the following
was originally filed in or appealed to it, upon requirements are complied with:
compliance with the requirements of this Act, is a. A sworn declaration by the person in custody of
hereby affirmed, recognized and guaranteed. his/her indigency or incapacity either to post a
cash bail or proffer any personal or real property
Recognizance Defined. – Recognizance is a mode of acceptable as sufficient sureties for a bail bond;
securing the release of any person in custody or b. A certification issued by the head of the social
detention for the commission of an offense who is welfare and development office of the
unable to post bail due to abject poverty. The court municipality or city where the accused actually
where the case of such person has been filed shall resides, that the accused is indigent;
allow the release of the accused on recognizance as c. The person in custody has been arraigned;
provided herein, to the custody of a qualified member d. The court has notified the city or municipal
of the barangay, city or municipality where the sanggunian where the accused resides of the
accused resides. application for recognizance. The sanggunian
shall include in its agenda the notice from the
Duty of the Courts. – For purposes of stability and court upon receipt and act on the request for
uniformity, the courts shall use their discretion, in comments or opposition to the application within
determining whether an accused should be deemed an ten (10) days from receipt of the notice.
indigent even if the salary and property requirements
are not met. The courts may also consider the The action of the sanggunian shall be in the form of a
capacity of the accused to support not just resolution, and shall be duly approved by the mayor,
himself/herself but also his/her family or other people and subject to the following conditions:
who are dependent on him/her for support and 1. Any motion for the adoption of a resolution for
subsistence. the purpose of this Act duly made before the
sanggunian shall he considered as an urgent
Other relevant factors and conditions demonstrating matter and shall take precedence over any other
the financial incapacity of the accused at the time that business thereof: Provided, That a special
he/she is facing charges in court may also be session shall be called to consider such proposed
considered by the courts for the purpose of covering resolution if necessary;
as many individuals belonging to the marginalized
and poor sectors of society. The resolution of the sanggunian shall include in its
Release on Recognizance as a Matter of Right resolution a list of recommended organizations from
Guaranteed by the Constitution. – The release on whose members the court may appoint a custodian.
recognizance of any person in custody or detention
for the commission of an offense is a matter of right 2. The presiding officer of the sanggunian shall
when the offense is not punishable by death, ensure that its secretary shall submit any
reclusion perpetua, or life imprisonment: Provided, resolution adopted under this Act within twenty-
That the accused or any person on behalf of the four (24) hours from its passage to the mayor
accused files the application for such: who shall act on it within the same period of time
a. Before or after conviction by the Metropolitan from receipt thereof;
Trial Court, Municipal Trial Court, Municipal 3. If the mayor or any person acting as such,
Trial Court in Cities and Municipal Circuit Trial pursuant to law, fails to act on the said resolution
Court; and within twenty-four (24) hours from receipt
b. Before conviction by the Regional Trial Court: thereof, the same shall be deemed to have been
Provided, further, That a person in custody for a acted upon favorably by the mayor;
period equal to or more than the minimum of the 4. If the mayor or any person acting as such,
principal penalty prescribed for the offense pursuant to law, disapproves the resolution, the
charged, without application of the Indeterminate resolution shall be returned within twenty-four
Sentence Law, or any modifying circumstance, (24) hours from disapproval thereof to the
shall be released on the person’s recognizance. sanggunian presiding officer or secretary who
shall be responsible in informing every member
thereof that the sanggunian shall meet in special
 session within twenty-four (24) hours from f. There is a great risk that the accused may
receipt of the veto for the sole purpose of commit another crime during the pendency of the
considering to override the veto made by the case; and
mayor. g. The accused has a pending criminal case which
has the same or higher penalty to the new crime
For the purpose of this Act, the resolution of the he/she is being accused of.1âwphi1
sanggunian of the municipality or city shall be
considered final and not subject to the review of the Qualifications of the Custodian of the Person
Sangguniang Panlalawigan, a copy of which shall be Released on Recognizance. – Except in cases of
forwarded to the trial court within three (3) days from children in conflict with the law as provided under
date of resolution. Republic Act No. 9344, the custodian of the person
released on recognizance must have the following
e. The accused shall be properly documented, qualifications:
through such processes as, but not limited to, a. A person of good repute and probity;
photographic image reproduction of all sides of b. A resident of the barangay where the applicant
the face and fingerprinting: Provided, That the resides;
costs involved for the purpose of this subsection c. Must not be a relative of the applicant within the
shall be shouldered by the municipality or city fourth degree of consanguinity or affinity; and
that sought the release of the accused as provided d. Must belong to any of the following sectors and
herein, chargeable to the mandatory five percent institutions: church, academe, social welfare,
(5%) calamity fund in its budget or to any other health sector, cause-oriented groups, charitable
available fund in its treasury; and organizations or organizations engaged in the
f. The court shall notify the public prosecutor of rehabilitation of offenders duly accredited by the
the date of hearing therefor within twenty-four local social welfare and development officer.
(24) hours from the filing of the application for If no person in the barangay where the applicant
release on recognizance in favor of the accused: resides belongs to any of the sectors and institutions
Provided, That such hearing shall be held not listed under paragraph (d) above, the custodian of the
earlier than twenty-four (24) hours nor later than person released on recognizance may be from the
forty-eight (48) hours from the receipt of notice qualified residents of the city or municipality where
by the prosecutor: Provided, further, That during the applicant resides.
said hearing, the prosecutor shall be ready to
submit the recommendations regarding the Duty of the Custodian. – The custodian shall
application made under this Act, wherein no undertake to guarantee the appearance of the accused
motion for postponement shall be entertained. whenever required by the court. The custodian shall
be required to execute an undertaking before the
Disqualifications for Release on Recognizance. – court to produce the accused whenever required. The
Any of the following circumstances shall be a valid said undertaking shall be part of the application for
ground for the court to disqualify an accused from recognizance. The court shall duly notify, within a
availing of the benefits provided herein: reasonable period of time, the custodian whenever the
a. The accused bad made untruthful statements in presence of the accussed is required. A penalty of six
his/her sworn affidavit prescribed under Section (6) months to two (2) years imprisonment shall be
5(a); imposed upon the custodian who failed to deliver or
b. The accused is a recidivist, quasi-recidivist, produce the accused before the court, upon due
habitual delinquent, or has committed a crime notice, without justifiable reason.
aggravated by the circumstance of reiteration;
c. The accused had been found to have previously Role of the Probation Officer. – Upon release of the
escaped from legal confinement, evaded sentence person on recognizance to the custodian, the court
or has violated the conditions of bail or release shall issue an order directing the Probation Office
on recognizance without valid justification; concerned to monitor and evaluate the activities of
d. The accused had previously committed a crime such person. The Probation Office concerned shall
while on probation, parole or under conditional submit a written report containing its findings and
pardon; recommendations on the activities of the person
e. The personal circumstances of the accused or released on recognizance on a monthly basis to
nature of the facts surrounding his/her case determine whether or not the conditions for his/her
indicate the probability of flight if released on release have been complied with. The prosecution
recognizance;
 including the private complainant, if any, shall be and if the offense is punished by any other law, the
given a copy of such report. court shall sentence the accused to an indeterminate
sentence, the maximum term of which shall not
Arrest of a Person Released on Recognizance. – exceed the maximum fixed by said law and the
The court shall order the arrest of the accused, who minimum shall not be less than the minimum term
shall forthwith be placed under detention, due to any prescribed by the same.
of the following circumstances:
a. If it finds meritorious a manifestation made under Sec. 2. This Act shall not apply to persons convicted
oath by any person after a summary healing, giving of offenses punished with death penalty or life-
the accused an opportunity to be heard; imprisonment; to those convicted of treason,
b. If the accused fails to appear at the trial or whenever conspiracy or proposal to commit treason; to those
required by the abovementioned court or any other convicted of misprision of treason, rebellion, sedition
competent court without justification, despite due or espionage; to those convicted of piracy; to those
notice; who are habitual delinquents; to those who have
c. If the accused is the subject of a complaint for the escaped from confinement or evaded sentence; to
commission of another offense involving moral those who having been granted conditional pardon by
turpitude and the public prosecutor or the mayor in the Chief Executive shall have violated the terms
the area where the offense is committed recommends thereof; to those whose maximum term of
the arrest to the court; or imprisonment does not exceed one year, not to those
d. If it is shown that the accused committed an act of already sentenced by final judgment at the time of
harassment such as, but not limited to, stalking, approval of this Act, except as provided in Section 5
intimidating or otherwise vexing private complainant, hereof.
prosecutor or witnesses in the case pending against
the accused: Provided, That upon the issuance by the Sec. 3. There is hereby created a Board of Pardons
court of such order, the accused shall likewise and Parole to be composed of the Secretary of Justice
become the proper subject of a citizen’s arrest who shall be its Chairman, and four members to be
pursuant to the Rules of Court. appointed by the President, with the consent of the
Commission on Appointments who shall hold office
No Release on Recognizance After Final Judgment for a term of six years: Provided, That one member of
or Commencement of Sentence; Exception. – The the board shall be a trained sociologist, one a
benefits provided under this Act shall not be allowed clergyman or educator, one psychiatrist unless a
in favor of an accused after the judgment has become trained psychiatrist be employed by the board, and
final or when the accused has started serving the the other members shall be persons qualified for such
sentence: Provided, That this prohibition shall not work by training and experience. At least one
apply to an accused who is entitled to the benefits of member of the board shall be a woman. Of the
the Probation Law if the application for probation is members of the present board, two shall be
made before the convict starts serving the sentence designated by the President to continue until
imposed, in which case, the court shall allow the December thirty, nineteen hundred and sixty-six and
release on recognizance of the convict to the custody the other two shall continue until December thirty,
of a qualified member of the barangay, city or nineteen hundred and sixty-nine. In case of any
municipality where the accused actually resides. vacancy in the membership of the Board, a successor
may be appointed to serve only for the unexpired
THE INDETERMINATE SENTENCE LAW portion of the term of the respective members.
Act No. 4103 - An act to provide for an
indeterminate sentence and parole for all persons Sec. 4. The Board of Pardons and Parole is
convicted of certain crimes by the courts authorized to adopt such rules and regulations as may
be necessary for carrying out its functions and duties.
Section 1. Hereafter, in imposing a prison sentence The Board is empowered to call upon any bureau,
for an offense punished by the Revised Penal Code, office, branch, subdivision, agency or instrumentality
or its amendments, the court shall sentence the of the Government for such assistance as it may need
accused to an indeterminate sentence the maximum in connection with the performance of its functions.
term of which shall be that which, in view of the A majority of all the members shall constitute a
attending circumstances, could be properly imposed quorum and a majority vote shall be necessary to
under the rules of the said Code, and the minimum arrive at a decision. Any dissent from the majority
which shall be within the range of the penalty next opinion shall be reduced to writing and filed with the
lower to that prescribed by the Code for the offense; records of the proceedings. Each member of the
Board, including the Chairman and the Executive officials so designated shall keep such records and
Officer, shall be entitled to receive as compensation make such reports and perform such other duties
fifty pesos for each meeting actually attended by him, hereunder as may be required by said Board. The
notwithstanding the provisions of Section two limits of residence of such paroled prisoner during his
hundred and fifty-nine of the Revised Administrative parole may be fixed and from time to time changed
Code, and in addition thereto, reimbursement of by the said Board in its discretion. If during the
actual and necessary traveling expenses incurred in period of surveillance such paroled prisoner shall
the performance of duties: Provided, however, That show himself to be a law-abiding citizen and shall not
the Board meetings will not be more than 3X a week. violate any of the laws of the Philippine Islands, the
Board of Indeterminate Sentence may issue a final
Sec.  5. It shall be the duty of the Board of certificate of release in his favor, which shall entitle
Indeterminate Sentence to look into the physical, him to final release and discharge.
mental and moral record of the prisoners who shall be
eligible to parole and to determine the proper time of Sec. 7. The Board shall file with the court which
release of such prisoners. Whenever any prisoner passed judgment on the case, and with the Chief of
shall have served the minimum penalty imposed on Constabulary, a certified copy of each order of
him, and it shall appear to the Board of Indeterminate conditional or final release and discharge issued in
Sentence, from the reports of the prisoner's work and accordance with the provisions of the next preceding
conduct which may be received in accordance with two sections. 
the rules and regulations prescribed, and from the
study and investigation made by the Board itself, that Sec.  8. Whenever any prisoner released on parole by
such prisoner is fitted by his training for release, that virtue of this Act shall, during the period of
there is a reasonable probability that such prisoner surveillance, violate any of the conditions of his
will live and remain at liberty without violating the parole, the Board of Indeterminate Sentence may
law, and that such release will not be incompatible issue an order for his re-arrest which may be served
with the welfare of society, said Board of in any part of the Philippine Islands by any police
Indeterminate Sentence may, in its discretion, and in officer. In such case the prisoner so re-arrested shall
accordance with the rules and regulations adopted serve the remaining unexpired portion of the
hereunder, authorize the release of such prisoner on maximum sentence for which he was originally
parole, upon such terms and conditions as are herein committed to prison, unless the Board of
prescribed and as may be prescribed by the Board. Indeterminate Sentence shall, in its discretion, grant a
The said Board of Indeterminate Sentence shall also new parole to the said prisoner.
examine the records and status of prisoners who shall
have been convicted of any offense other than those Sec.  9. Nothing in this Act shall be construed to
named in Sec. 2 hereof, and have been sentenced for impair or interfere with the powers of the Governor-
more than one year by final judgment prior to the General as set forth in Section 64(i) of the Revised
date on which this Act shall take effect, and shall Administrative Code or the Act of Congress
make recommendation in all such cases to the approved August 29, 1916 entitled "An Act to declare
Governor-General with regard to the parole of such the purpose of the people of the United States as to
prisoners as they shall deem qualified for parole as the future political status of the people of the
herein provided, after they shall have served a period Philippine Islands, and to provide a more autonomous
of imprisonment not less than the minimum period government for those Islands."
for which they might have been sentenced under this
Act for the same offense. Sec. 10. Whenever any prisoner shall be released on
parole hereunder he shall be entitled to receive the
Sec.  6. Every prisoner released from confinement on benefits provided in Section 1751 of the Revised
parole by virtue of this Act shall, at such times and in Administrative Code.
such manner as may be required by the conditions of REVISED ADMINISTRATIVE CODE OF THE
his parole, as may be designated by the said Board PHILIPPINES
for such purpose, report personally to such Section 1705 Title of Chapter - This Chapter shall
government officials or other parole officers hereafter be known as the Prison Law.
appointed by the Board of Indeterminate Sentence for
a period of surveillance equivalent to the remaining Article I - Organization of Bureau: Sec. 1706 Chief
portion of the maximum sentence imposed upon him Officials of the Bureau of Prisons - The Bureau of
or until final release and discharge by the Board of Prisons shall have one chief and one assistant chief,
Indeterminate Sentence as herein provided. The
to be known respectively as the Director of Prisons, exclusive use of the government, for the subsistence
and the Assistant Director of Prisons. and maintenance of the colonists, the prison officials
and their families In said colony, and such pardoned
These officers shall be supplied with furnished or released colonists as may continue to reside
quarter at the main prison and shall be allowed therein.
laundry service and such other services as shall be
sanctioned by the Department Head. Sec. 1713 Assignment of land and Implements to
colonists - Any colonist detained at the Iwahig Penal
Sec. 1707 General Jurisdiction of Bureau - The Colony may be provisionally granted a suitable plot
Bureau of Prisons shall have the general supervision of land within the reservation for the purpose of
and control of National Provincial prisons and of all cultivating and improving the same, and may be
penal settlements and shall be charged with the furnished with such tools, Implements, and
safekeeping of all prisoners confined therein or agricultural supplies as may be deemed necessary for
committed to the custody of said Bureau. the proper cultivation of said land.
Sec. 1708 Main Prison - In the main prison shall be
confined all national prisoners except as otherwise Sec. 1714. Families of colonists - The Iwahig
provided by law or regulations. This prison may also Colonists may, subject to the regulations of the
be used as a place of detention for other classes of Bureau governing the colony, be allowed to have
prisoners or for the temporary safekeeping of any their wives, children, and women to whom they are to
person detained upon legal process. be married, transported to the colony at government
expense and to have their families live on the
Sec. 1709 Iwahig Penal Colony - In the Iwahig reservation. Such privilege may, In any case, be
Reservation, in the Province of Palawan, there shall revoked at any time by order of the superintendent of
be maintained an institution subsidiary to the main the colony, with the approval of the Director of
prison, to be known as the Iwahig Penal Colony. prisons. All members of the families of colonists
In this colony shall be kept such 'prisoners as may be living on the reservation shall be subject to the
transferred thereto from the main prison in regulations governing the colony.
accordance with regulations to be prescribed by the Sec. 1715 Clothing and household supplies for
Director of Prisons. The discipline of the persons Colonist's families. In addition to the subsistence for
detained in this colony shall be of a reformatory and colonists wives and children herein above
probationary character, and the surveillance over authorized, the superintendent of the colony may
said colony and the colonists shall be les5 strict than furnish a special reward to such colonists as In the
is maintained in the main prison. opinion may merit the same, reasonable amount of
clothing and ordinary household supplies to be paid
Sec. 1710 Superintendent of colony - Justice of the out of the regular appropriation for the maintenance
Peace. The Iwahig Penal Colony shall be under the of the Iwahig Penal Colony. Sources 01 this character
immediate supervision of a superintendent, who shall may also be made by way of loan, subject to
be an "ex-officio" justice of the peace and shall, repayment if the financial condition of the colonial at
within the limits of the colony, have the jurisdiction a later date should warrant.
and all powers conferred upon justices of the peace
by the laws of the Philippines. (No longer applicable) Sec. 1716 participation of colonists in proceeds of
products - Products grown, manufactured, or
Sec. 1711 Privileges based upon behavior and service otherwise produced by the colonists may be sold
- Persons detained at the Iwahig Penal Colony shall under the supervision of the superintendent; and
be known as colonists, and they may be divided Into subject to such regulations as may be prescribed In
classes and graded according to conduct, efficiency, reference thereto, the persons producing the same
and length of services and subject to such regulations may be allowed such part of the proceeds thereof as
as shall be prescribed In reference thereto, they may shall be approved by the Department Head.
be granted such extra-ordinary, behavior, habits of
industry, and length of service may justify. Sec. 1717 Monthly allowance in cash - Colonists
occupying positions of special trust may, with the
Sec. 1712 Fishing rights in waters adjacent to colony approval of title Department Head, be granted a
- The fishing rights in the waters of the bay along the monthly allowance In cash, not exceed five pesos, or
shore line of the eastern boundary of the lwahig Penal an equivalent amount of supplies from the general
Colony, Island of Palawan, for a distance seaward of store, to be paid for from the regular appropriation for
one and one-quarter statute miles are reserved for the contingent expenses of the Iwahig Penal Colony.
 of the Government may receive the labor of such
Sec. 1718 Right of released colonists 10 remain in national prisoners. .
colony - on the expiration of the sentence of any Sec. 1723 Detail of prisoners to public works. The
colonist he may, subject to the regulation, is allowed President of the Philippines may, from time to time,
to continue to reside upon the reservation and to detail national prisoners to work in any part of the
cultivate land and occupy a house to be designated Philippines upon any public work not within the
and selected by the superintendent of the colony. purview of section one thousand seven hundred and
twenty-seven hereof; and the Department Head shall
Sec. 1719 Supply store for Iwahig Penal Colony - fix the terms and conditions upon which any branch
The Director of Prisons, with the approval of the of the Government may receive the labor of such
Department Head, shall establish and maintain a national prisoners.
general store for sale of merchandise which may be
required by the residents of the settlement, and for the Sec. 1724 Regulations of Bureau of Prisons - The
purpose to purchase of produce which, under regulations of the Bureau of Prisons shall contain
authority from the Department Head, colonists such rules as well best promote discipline In all
residing at the settlement may dispose of their own national and provincial prisons and penal Institutions
profit. Colony product may be sold to others than and best secure the reformation and safe custody of
residents of the settlement should there be more to be prisoners of all classes.
disposed' of than is required for the use of the colony
and the main prisons. Sec. 1725 Duty 0 f prison authorities to enforce
The supply store fund shall be reimbursable, the sanitary orders of Director of Health - The Officers in
receipts from the business of the supply store being charge of all prisons, penal settlements, jails, and
available for the payment of the cost of supply and other places of confinement shall comply and cause
other expenses incident to the conduct of said store, to be executed all sanitary orders, and put into force
without reappropriation. all sanitary regulations Issued by the Director of
Health for their several institutions.
Sec. 1720 San Ramon Penal Farm - A penal farm
shall be maintained at San Ramon, in the Province of Sec. 1726 Mode of treatment of prisoners. Prisoners
Zamboanga, for the confinement of national prisoners shall be treated with humanity. Juvenile prisoners
and such other prisoners as may be remitted thereto shall be kept, if the jail will admit of It, in apartments
in' accordance with law. separate from those containing prisoners of more than
The Director of Prisons shall have authority to eighteen years of age; and the different sexes shall be
designated the superintendent of the San Ramon kept, apart. The visits of parents and friends who
Penal Farm as a summary court officer, by whom desire to exert a moral influence over prisoners shall
members of the San Ramon Penal Farm guard may at all reasonable times be permitted under proper
be tried for violation of the regulations governing the regulations.
same for willful or neglectful waste, loss .or
destruction of arm, ammunitions or accouterments, Sec. 1727 Liability of prisoners to labor - All
for disobedience or disrespect toward their superior convicted, able bodied, male prisoners not over sixty
officers, absence from quarters or duty without leave, years of age, may be compelled to work in and about
drunkenness, abandonment of employment without prisons, jails public buildings, grounds, roads and
having secured proper release, willful violation or other public works of the National Government the
neglect of duty, or misconduct to the prejudice of province, or the municipalities, under general
good order and discipline. The punishment which regulations to be prescribed by the Director of
may be imposed by this summary court shall not Prisons, with the approval of the Department Head.
exceed the forfeiture on one month's pay, or Persons detained on civil process or confined for
discharge. (Sections 1721 and 1722 are obsolete) contempt of court and persons detained pending a
determination of their appeals may be compelled to
Article II - Prison Regime in General police their cells and to perform such other labor as
Sec. 1723 Detail of prisoners to public works. The may be deemed necessary for hygienic or sanitary
President of the Philippines may, from time to time, reasons. .
detail national prisoners to work in any part of the
Philippines upon any public work not within the Sec. 1728 Assignment of women to work - Convicted
purview of section one thousand seven hundred and female prisoners may be assigned to work suitable to
twenty-seven hereof; and the Department Head shall their age, sex, and physical condition.
fix the terms and conditions upon which any branch
Article III more when necessary to the proper maintenance of
Sec. 1729 Provincial Jail - A jail for the safekeeping the prisoners.
of prisoners shall be maintained at the capital of each
province; and in the absence of special provisions all The compensation for the support of a prisoner
expenses incident to the maintenance thereof and of arrested on civil process shall be at the rate of forty
maintaining prisoners therein be borne by the centavos per day, to be advanced weekly to the jailer
province. by the plaintiff in the civil process, and to be taxable
as cots.
Sec. 1730 Visitation and inspection of provincial jails
- The Judge of the Court of First Instance and the Sec. 1733 Record of prisoners to be kept by jailer -
Provincial Board shall, as often as the Judge of the The governor or the jailer appointed by him, shall
Court of First Instance is required to hold court in the keep a true and exact record of all prisoners
province make personal inspection of the provincial committed to the provincial prisoners awaiting trial
jail as to the sufficiency thereof for the safekeeping before the Court of First instance obtained in any
and reformation of prisoners, their proper municipal jail of the province which record shall
accommodation and health, and shall inquire into the contain the names of all persons who are committed,
manner in which the same has been kept since the last their place abode, the time of commitment, the cause
inspection. A report of such visitation shall be of their commitment; the authority that committed
submitted to the Secretary of Justice, who shall them, and the description of their persons, and when
forward the same or a copy thereof to the Director of any prisoner is liberated such calendar shall state the
Prisons. Once during each month the senior Inspector time when and the authority by which such liberation
of Constabulary in the province shall visit the took place; If any prisoner shall escape, shall state
provincial jail and make report upon its condition to particularly the time and manner of escape; if any
the Director of Prisons. prisoner dies, the date and cause of his death shall be
entered on the record.
Sec. 1731 Provincial governor as keeper of jail - The Sec. 1734 Submission of record to court - At the
governor of the province shall be charged with the opening of each term of Court of First Instance
keeping of the provincial jail and it shall be his duty within his province, the governor shall return a copy
to administer the same In accordance with law and of each record under his name to the judge of each
the regulations prescribed for the government of court; and if the same be not forthcoming, it shall b
provincial prisons. The Immediate custody and the duty of the judge to require its production under
supervision of the jail may be committed to the care penalty of contempt.
of a Jailer to be appointed by the provincial governor.
The position of jailer shall be regarded as within the Sec. 1735 Transfer of custody of jail to Constabulary
unclassified civil service but may be filled in the Officer, in an province in which, in the opinion of the
manner In which classified positions are filled, and if President, the provincial jail is not guarded, shall
so filled, the appointee shall be entitled to all the have authority by executive order to direct that the
benefits and privileges of classified employee, except senior Constabulary Officer of such province shall
that he shall hold office only during the term of office take custody of the jail under the supervision of the
of the appointing governor and until a successor in provincial governor and guard the prisoners therein,
the office of jailer is appointed and qualified, unless using for this purpose members of the Philippine
sooner separated. Constabulary as jail guards.
The provincial governor shall, under the direction of Such action shall in no wise alter the liability of the
the provincial board and at the expense of the province for the expenses incident to the maintenance
province, supply proper food and clothing for the of prisoners or the keeping repair, and construction
prisoners, though the provincial board may, In Its of the jail; but the payment and subsistence of the
discretion, let the contract for the feeding of the Constabulary guard shall be at the expense of the
prisoners, to some other person. Constabulary.

Sec. 1732 Amount of allowance for feeding of Sec. 1736 Preservation of documents relating to
prisoners - The ordinary allowance to be made by the confinement of prisoners - All warrants and
provincial board for the feeding of prisoners by the documents of any kind, or attested copies thereof
governor of the province or such other person as may which a prisoner is committed or liberated, shall be
have the contract therefore shall, in case of persons regularly indorsed, flied and kept in a suitable box by
arrested on criminal process, not exceed twenty such governor or by his deputy acting as jailer, and
centavos each per day, but the provincial board may such box, with its contents, shall be delivered to the
successor of the officer having charged of the (a) Persons detained pending preliminary
prisoner. When a prisoner is confined by virtue of investigation before the Court of First Instance.
any process directed to the governor or sheriff and (b) Amended by P.D. 29 - (Max. sentence of 3 yrs.)
which shall require to be returned to the court
whence it issued, such governor or sheriff shall keep Sec. 1741 National prisoners - Prisoners who are
a copy of the same, duly certified by said governor or neither municipal or provincial prisoners shall be
sheriff, shall be presumptive evidence of his right to considered national prisoners, among whom .hall be
retain such prisoner in his custody. reckoned, any event, all persons sentenced for
violation of the Customs Law or other law within the
Sec. 1737 Transfer of prisoners to jail of neighboring jurisdiction of the Bureau of Customs or enforceable
province - In case there should be no jail in any by it, and for violation of the Election Law.
province or in case a provincial jail of any province
be insecure or Insufficient for the accommodation of Sec. 1742 Confinement of Provincial prisoners in
all provincial prisoners, it shall be duty of the municipal jails - When the sentence of a provincial
provincial board to make arrangements for the prisoner does not exceed three months, the provincial
safekeeping of the prisoners of the province with the board may authorize his confinement during such
provincial board of same neighboring province in the period in a municipal jail If In the judgment of said
jail of such neighboring province, and when such board the public interest will be served thereby.
arrangement has been made it shall be the duty of the Provincial boards, may, also with tile approval of the
officer having custody of the prisoner to commit him Secretary of the Interior, direct the confinement of
to the jail of such neighboring province, and he shall persons detained pending preliminary investigation
be there detained with the same legal effect as though before a judge of the Court of First Instance in the
confined in the jail of the province where the offense jail of the municipality where such investigation or
for which he was arrested was committed. trial is to be held, if no provincial Jail be located
therein.
Sec. 1738 Use of jail for detention of fugitive from
justice - Any provincial jail may be used for the Sec. 1743 Confinement of municipal prisoners in
safekeeping of any fugitive from justice from any provincial jail Provincial boards may, with the
province, and the jailer shall In such case be entitled approval of the President, direct the confinement of
to receive the same compensation for the support and municipal prisoners in provincial jails when by
custody of such fugitive from justice as Is provided reason of the lack, inadequacy, or when in their
for other prisoners to be paid by the officer Judgment such confinement would best serve the
demanding the custody of the prisoner, who shall be public interest.
reimbursed or such outlay as a part of the costs of the
prosecution: Sec. 1744 Expense of maintenance - Except as
otherwise specifically provided the expense of the
Article IV - Status of Prisoners maintenance of prisons shall be borne as follows;
Sec. 1739 Persons deemed to be municipal prisoners regardless of the place of confinement: in the base of
- The following persons are to be considered a municipal prisoner, by the city or municipality in
municipal prisoners: which the offense with which the prisoner is charged
(a) Persons detained or sentenced for violation of or of which he stands convicted WBS committed; in
municipal or city ordinances. the case of a provincial prisoner, by the province in
(b) Persons detained pending trial before justices of which the offense was committed; and in '.he case of
peach or before municipal courts. the national prisoners, by the Bureau of Prisons. .
(c) Persons detained by order of a justice of the
peace or judge of municipal court pending Sec. 1745 Status of prisoners as affected by parole,
preliminary investigation of the crime charged, allowance of good behavior, etc. - The provision of
until the court shall remand them to the Court of law relative to paroles, conditional pardons, and the
First Instance. diminution of sentences for good behavior shall not
(d) Amended by Presidential Decree No. 29 (max. be construed to change the original status of prisoners
sentence of 6 mos.) or to affect liability for their maintenance.

Sec. 1740 Persons deemed to be provincial prisoners Sec. 1746 Status of prisoner as affected by appeal -
- The following persons, not being municipal Pending an appeal, the status of a prisoner shall not
prisoners shall be considered provincial prisoners: be changed, and whenever upon appeal to, or review
by, higher court, the status or a prisoners, as herein
before fixed, shall be changed by an increase or The expense of the transportation, guarding,
diminution of his sentence, the responsibility of the subsistence, care, and maintenance of any prisoner
National Government or the provinces or transferred to any national prison or penal
municipalities, as the case may be, for the institution, or returned to any province for trial or
maintenance of such prisoner due to such change in for appearance as a witness or otherwise hereunder
sentence shall take effect from the date of judgment shall be a charge against the treasury of the province
of the higher court and shall not be retroactive, from which he was transferred, and the amount of
said expenses shall be fixed by the Department Head,
Sec. 1747 Transportation expenses payable by with the approval of the President of the. Philippines.
municipality - All actual and necessary expenses
incurred In the transportation and guarding and Sec. 1751 Transportation and clothes for released
subsistence of prisoners during transportation, from prisoners - Upon the release of a national prisoner he
municipal jails to provincial jails, except the expenses shall be supplied by the Bureau of Prisons with
of the Constabulary escorts, if any shall be paid from transportation to his home, including a gratuity to
the funds of the proper municipality. cover the probable cost of subsistence enroute, and if
necessary, a suit of clothes of the value of not more
Sec. 1746 Transportation expenses payable by than ten pesos, or In case the prisoner is deported, of
province - All actual and necessary expenses incurred not more than forty pesos.
in the transportation, and guarding and subsistence,
during transportation, of national prisoners from NACOCOW – refers to National Correctional
provincial Jails to a National Prison, reformatory, or Consciousness Week by virtue of Presidential
national penal institution, except the expenses of the Proclamation No. 551 dated March 15, 1995,
Constabulary escort, if any there be, shall be borne by celebrated every last week of October of every year.
the proper province.
R.A. 10575 – An Act Strengthening the Bureau of
Sec. 1749 Return transportation to be borne by Corrections (BuCor) and providing Funds Therefor,”
Bureau of prisons - The return transportation of all otherwise known as the Bureau of Corrections Act of
discharged national prisoners from their place of 2013. (New BuCor law)
confinement to their homes shall be paid out of the
appropriation for the Bureau of Prisons, except as
otherwise specially provided.

Sec. 1750 Transfer of prisoners from provincial or

municipal jail to national prison or vice-versa -
When, in the discretion of the President of the
Philippines, the unsanitary or insecure condition of
any provincial or municipal jail makes it advisable or
when the public Interest require, he may transfer to
any national prison or penal institution all or any of
the prisoners committed to such jail, and may also
direct the institution all or any of the prisoners to
provincial or municipal jails when deemed expedient.
The President of the Philippines may also, whenever
in his opinion it will be to the best interest of the
province or municipality concerned, authorize the
confinement of any prisoner sentenced to less than
three months Imprisonment, Including subsidiary
imprisonment, in the jail of the municipality wherein
the prisoner may have been convicted. The order of
commitment of such prisoners, together with the copy
of the order directing their transfer, shall accompany
the prisoners and be delivered with them to the
officer in charge of the penal institution to which they
are sent.