Notes On Correctional Administration
Notes On Correctional Administration
Notes On Correctional Administration
The term correction could mean two separate meanings. First, it is the
institution that provides community’s official reaction to a convicted
offender, such institution is a branch of the administration of criminal justice,
charge with the responsibility for custody, supervision and rehabilitation of
the convicted offender. Second, it is a study of methods that have been and
are employed for the punishment and deterrence of such behavior and a
study of efforts to accompany the punishment with measures that are
intended to change or correct offenders. Both definitions comes from the
principle of punishment and the management of prisons, reformatories and
other confinement units. The birth of penology is also considered the birth of
a humane approach in the administration of justice.
1
Corrections denoted its concern and operate as society’s primary
formal dispenser of punishment. Corrections, however, is more than simply a
nice term for punishment. The root of the word implies and focuses on
correcting a problem or series of problems in society. It has come to stand for
a broad category of activities ranging from incarceration of offenders, to
assisting ex-offenders in securing employment and education in the
community to provide assistance for the victims of crimes. These systematic
and organized efforts directed by society that punished offenders, protect
the public from offenders, change the offender’s behavior, and in some cases
compensate victims. Thus, evolving within the milieu of social control that
keeps to work through the ambit of social justice where its sight is located to
keep at pace the norms of human behavior in particular and social norm in
general.
Theories of Penology
Approaches in Corrections
2
incarceration) (Modern Method that does not
requires incarceration. Also known
as Community Based Corrections.
1. All efforts consistent with the safety of others should be made to re-
duce involvements of the individual offender with the institutional
aspects of corrections.
3
Significance of Community- Based Corrections
Purpose of Penalty
Goals of Sentencing:
4
5. Restoration – a goal of which attempts to make the victim whole
again.
a. Punish often isolates the criminal, leaves in him a stigma and develops
in
His person a strong presentment of authority;
b. It develops caution on the part of criminal; committing crimes during
nighttime; resorting to the use of indigenous methods, or may even un-
dergo physical transfiguration to avoid punishment.
c. It generally stops constructive efforts, lack of respect for the law, lack
or patriotism, and loss of self-respect ;
d. Public attitude by idolizing the criminal, this giving an offender higher.
Punishment and Penalty
The Difference
Punishment Penalty
Is the redress that the state takes Is the suffering inflicted by the
against an offending member. State for the transgression of law.
Nature of Punishment
Nicomedian Ethics:
5
This is a title of a book that was written by Aristotle (in Athens) in
his 1st attempt to explain crime.
This is about the corrective justice stating “Punishment is a
means of restoring the balance between pleasure and
pain”.
Also forwarded the concept of restitution when he wrote “pun-
ishment is a means whereby the loss suffered by the vic-
tim is compensated”.
Pungent Potion – drink potion to drive away evil spirit that leads him to
commit a crime.
Grotesques Mask – they wear masks and dance around the person who
commits a crime to drive out evil spirit in his body.
Trephination Method – a piece of stone or wood which has very sharp
edge that will use to make a hole at the person’s forehead.
Banishment – a person will be rejected in the community, if he refuse
to do so, he will be killed.
EARLY FORMS OF CORRECTION:
(Detailed Background)
6
son who violates the law and they will pray or cast out the evil spirit
to get out of his body.
4. Banishment – when a person commits a crime he will be rejected by
the community for him not to influence others to commit crime, if
he refuses in his community he will be killed.
Flogging was widely used in England during the Middle-Ages, were offenders
are beaten as they run through the streets with their hands tied behind their
back.
Extensive mutilation, which included blinding, cutting off the ears, and
ripping out the tongue, was instituted in eleventh-century in Britain and
imposed upon hunters who poached on Royal Lands.
Today, Iran and Saudi Arabia still use the mutilation type of penalty which
incapacitates offenders and giving to society a walking example of the
consequences of crime.
7
Exile or Banishment – the ancient Hebrew periodically forced a sacrificial goal
symbolically carrying the tribes sin into the wildness, a practice which has
given us the modern word “scapegoating”. Since then, many societies have
banished “sinners directly. The French sent criminal offenders to devil’s
Island, Russian’s had used Siberia as the land where banished people are
sent. England sent their prisoners to America beginning in 1618, the British
program of exile, is known as “transportation”, which served the dual
purpose of providing a captive labor force for development of the colonies,
as they oppose the corporal punishment.
In 1776, the American Revolution forced the practice to end. The British
penology shifted to the use of aging ships, called hulks, as temporary
prisons. Hulks were anchored in harbors through England and serves as
floating confinement facilities.
In 1787, after Captain Cook had discovered the continent, Australia became
the new port of call for English prisoners.
Work houses – during the sixteenth century, Europe was faced with an
economic upheaval product of their industrial revolution. Thousands were
unemployed and vagrants where in towns and villages seeking food and
shelter. Because their homes and pieces of land were sold for the
industrialization of Europe. Churches that time was the primary social relief
of the people’s situation.
The government of Europe believed that poverty was the caused of laziness.
They created workhouses designed to instill the habits “Saint Bridget’s Well”.
The name in Europe opened in 1557 in a former British Brides well became
synonym for workhouses. Brides well taught word habit to the inmates and
not punish the convict instead, it was replaced by hard work.
The Philippine Constitution directs that excessive fines shall not be imposed,
nor cruel and unusual penalties when it is so disproportionate to the offense
committed as to shock the moral sense of all reasonable when as to what is
right and proper under the circumstances.
Classification of Penalties
4. Light Penalties
a. Arresto Menor – 1 day to 30 days of imprisonment
b. Public Censure
8
Preventive Imprisonment – The accused undergoes preventive
imprisonment when the offense charge is non-bailable, or even if
bailable he cannot furnish the required bail.
The death penalty – was restored through R.A. 7659 which took
effect on December 3, 1993 for certain heinous crime. Such as Treason,
piracy, Qualified Piracy, Qualified Bribery, Parricide, Murder, Infanticide,
Kidnapping and Serious Detention, Robbery with Homicide, Destructive
Arson with Homicide, Plunder Dangerous Drugs and Carnapping.
The death sentence shall be carried out not earlier than one (1) year
nor later than 18 months after the judgments becomes final and
executory. Provided, that the Supreme Court who does the review of
the case in which death penalty was imposed have reach a vote of
eight (8) Justices as provided under Republic Act No. 296. Otherwise
death penalty shall not be imposed. The convicted felon will be given a
penalty of reclusion perpetua.
In all cases where the death sentence has become final, the records of
the cases shall be forwarded the office of the President for possible
exercise of the pardoning power.
1. Pregnant woman;
2. Within one (1) year after delivery of a pregnant woman;
3. Person over 70 years of age.
Developments of Prisons
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Penitentiary Concept
The term penitentiary came from the Latin word “Paennitentia”, meaning
penitence and was coined by an English prisoner reformer, John Howard, it
referred to a place were crime and sin may be stoned for a penitence
produced. Massive edifies of concrete and steel, the original penitentiaries
were designed to facilitate solitary contemplation of one’s misdeeds. It was
felt that introspection in solitude was conductive to personal reform. It was
also believed that if prisoners were allowed to associate, they would
criminally contaminate one another. At present, the terms prison and
penitentiary are used synonymously.
10
A World History, Philosophy and Objective of Prisons:
Code of Hammurabi
1750 BC to 1900 BC (Babylon)
Found in Manama Dharma of India, and Hermes Trismegitus of
Egypt
The principle of LEX TALIONES (an eye for an eye and a tooth for
a tooth)
Two (2) tired concept (not everybody is equal in imposition of
punishment)
Stiffer punishment in offenders from upper classes
Uncivilized due to naked revenge than modern concept of reha-
bilitation and treatment.
Mosaic Code
Also retribution
But allows restitution (settlement)
Allowed flogging or burning alive
Furca
Ancient Greece around 400 BC
V-shape yolk, worn around the neck
Outstretched arms of the convict were tied
In Ancient Greece
Testimony of the slaves can only be accepted if it was acquired
through torture
Reason of imprisonment is to detain those who are undergoing
trial
11
If convicts refuse to be punish or to pay fines will be imprisoned
in Romans Style
Their justice is not vengeful/ retributive and must reform the of-
fender also to deter others to commit crime (humane method
only for Greek citizens or prominent inhabitants “privileged class
of Greek society have rights”)
Most brutal find of punishment will only be inflicted to aliens and
slaves (those who belongs to exploited classes)
Citizens will be fined for a crime. If committed by slaves or aliens
will likely be flogged.
Underground Cistern
Detainees are those who are undergoing trial
Sentenced offenders will be hold and be starved to death
Justinian Code
In middle ages around 529 AD (Roman Emperor Justin)
This became the Standard Law in Roman Empire particularly in
Europe
A revision of the “12 Tables of Roman Law”
Paterfamilias:
A concept wherein the head of the family has virtually limitless
power to punish erring family members and slaves.
Centuriate Assembly:
By 509 B.C. a law was passed prohibiting flogging or execution
except if this assembly will affirmed.
Stocks:
A kind of device that was fastened at the ankle, neck and wrist of
offender for a long period of time.
Stoning to Death:
This is practiced in the time of Jesus that is still existed today in
Islamic countries like Afghanistan and Pakistan.
12
The offender’s body is fastened by metal bands to a board made
of wood and then had their bones systematically broken.
Burning Alive:
Existed in Ancient Greece which was also practiced by the Ro-
mans.
Roman Catholic Church also resorts to this punishment during
the time of the inquisition for unbelievers, witches and heretics.
Destierro:
This was Banishment before that was also practiced by the
Spaniards and was incorporated in Codigo Penal in the Philip-
pines. (Not less than 25 km radius not more than 250 km radius.
Remember: if you go beyond 25 km there will be a crime of eva-
sion of service of sentence, but if you go beyond 250 km there is
no crime for the main purpose of destierro is protection)
Ecclesiastical Court:
A court that conducts trials to priests offenders and all those con-
nected with the church.
More compassionate
Later granted to anyone who was literate
Papal Bull:
By Pope Innocent VIII, in 1487
This allowed refugee offenders to be driven out of the sanctuary
if they used this for committing a crime.
The Inquisition:
Another Ecclesiastical court that has gained historical notoriety
throughout the Ages for his viciousness.
Responsible for detection and punishment of unbelievers and
heresy
Officially begin with declaration of the Lateran Council, 1215
which allowed “Torture”.
Throughout this Dark Age Church can punish anyone, many be-
come victims of trumped up charges that they were witches or
advancing scientific studies.
Galileo Galilee:
Almost burn at the Stake, if only for his popularity.
Because of his discovery that the earth was not flat.
Pope Leo 1:
The 1st Pope that fully express approval for killing human.
Sanctioned death as punishment
Heresy was the crime that was strictly for death penalty.
Priscillian:
The 1st recorded Christian who was put to death for being a
heretic.
13
By Pope Gregory IX, in 1231, initiated inquisition that led to the
burning of hundreds of heretics.
The burning of non-believers at the stake.
Encyclical “TertioMillenioAdvenicute”:
By Pope John Paul II, a pro-life pope who reversed culture of
death.
Formally apologized past intolerance and use of violence in the
defense of truth.
Evangelium Vitae:
By Pope John Paul II, he calls to reject death penalty, abortion,
use of contraceptives and euthanasia.
This challenges to break away from the “culture of death” espe-
cially treatment of killings.
Galleys:
From the middle of 14th century to the beginning of 19th century.
they were slaves chained to oar the ship
practiced in Ancient Rome and Greece
The Brank:
This is a metal frame that was put in the head like a hat and a
painful mouthpiece was inserted in the mouth.
Bridewell Institution:
In 1556 Bridewell England
Some writers claim that this took place in 1552 during the reign
of King Edward VI
Established as a workhouse for vagabonds, idlers and rogues.
Employs a system wherein vagrants and prostitutes were given
works while serving their sentence. This system is called the
Bridewell System.
This system is utilizing prison labor for benefits of wealthy indi-
viduals and government officials.
In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) con-
structed the first facility designed solely for public incarceration.
This facility was known as Gaol (known as Jail today). The gaol
was being managed by the Shire Reeve.
Mercantilism – Capitalism
Feudalism – Landlords
Guillotine:
Introduction of a cleaner and swifter method of executing con-
victs.
Penitentiary Act:
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An act passed in the year 1779, mandated the establishment of a
prison system based on solitary confinement, hard, labour, and
religious instruction.
Norfolk Prison:
At Wymondham, England was opened after five years of P.A. of
1779.
National Penitentiary:
Of Millbank followed to open in 1821.
15
Sing-Sing Prisons:
Became famous in the world and was the plot of many movies
filmed because of Sing2x Bath inflicted aside from floggings, de-
nial of reading materials and solitary confinement.
The shower bath was a gadget so constructed as to drop a vol-
ume of water on the head of a locked naked offender.
The force of icy cold water hitting the head of the offender
caused much pain and extreme shock that prisoners immediately
sank into the comas due to the shock and sudden drop in the
body temperature.
The Sing-Sing bath becomes more frequent when flogging was
declared illegal in 1847.
Australia:
The biggest penal colony of the world before it become a country.
Prisoners in England were transported in this place in 1790-1875
to avoid decongestion.
State of Massachusetts:
Reform school for boys at Westborough in 1847
First Public Institution for Juvenile Delinquent
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New Orleans:
Municipal Boys Reformatory in 1845
Philippines Written Codes
Code of Kalantiao (1433) -first written law in the Philippines that pro-
vides the most extensive and severe law that prescribes harsh punish-
ment.
Sikatuna Law
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He also introduced other progressive measures such as fair disciplinary trials,
buildings of churches, distributing books and permitting prisoners to tend
small gardens.
D. Sir Walter Crofton – He was the director of the Irish prisons in 1856,
who introduced the Irish system which was later on cared the progres-
sive stage system. The Irish system was gradually a modification of
Manoche’s work system, and consisted of four (4) stages:
F. Sir Evelyn Ruggles Brise – was the director of English Prisons who open
the Borstal institution after visiting the Elmira Reformatory in 1897,
such Borstal institutions.
Today are considered as the best reform institutions for young offenders.
This system was based entirely on individualize treatment.
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Jeremy Bentham (1748-1832)
He is the greatest leader in the reform of English Criminal law.
He designed the panopticon, consisted with a large, cast iron and
glass containing multi- tiered cells around the perimeter with an
observation tower that has a special shutter to prevent the pris-
oners from seeing the guards.
Rutherford B. Hayes
Former president of the United States, was elected as the first
president of the National Prison Association.
PNA Principles:
Reformation not the vindictive infliction of suffering should be the
purpose of penal treatment.
Prisoners should be classified on the basis of a mark system.
Rewards should be provided for good conduct.
Prisoners should be made to realize that their future rest in their
own hands.
Indeterminate sentences should be substitute fixed sentences
and disparities in sentences removed.
Religion and education are the most important agencies of refor-
mation.
Discipline should be administered so that it gains the cooperation
of the inmate and maintains his self-respect.
The goal of the prison should be to make industrious free citi-
zens, not orderly and obedient prisoners.
Industrial training should be fully provided.
Prisons should be small; separate institutions should be provided
for different types of offenders.
The social training of prisoners should be facilitated; silence rules
should be abolished.
Society at large must realize that they are responsible for the
conditions that bleed crimes.
Gaylord B. Hubbell
Warden of Sing Sing Prison in New York;
Visited and studied the prisons in England;
Recommended indeterminate sentences be used in American
prisons;
Reformatory based upon the concept of an earned early release
if the inmate reformed himself.
19
The Golden Age of Penology/ The Age of Enlightenment in
Penology
The period from 1870 to 1880 was called the “Golden Age of Penology”
because of the following significant events:
20
criminality to the depression. The United states Congress created a
Congressional Committee were that the rise in criminality was caused by the
increase in recidivism and repeaters in crime, and that the increase in
recidivism and habitual delinquency was attributed to the abandonment of
the rehabilitation program in penal institutions in favor of the operation of
industries. As a remedial measure, Congress passed a law in 1934, which
in effect, prohibited the sale of prison-made articles to the public, and limited
their use to government-owned institutions and agencies. This law put an
end to the Industrial Prison Movement.
The Six (6) Prison Labor
4. Public Account system – goods and products are owned and manage
by the prison and sold it to the market.
Treatment era came after the World War II in 1940’s, this is based on a
medical model of corrections. This concept combined the correction,
reformation and behavioral treatment or psychiatric approach. Inmates
are treated as “clients” or patients” than offenders.
21
Chemotherapy – involved the use of drugs, especially tranquil-
izers, to modify behavior.
The “Right Guys”. The right guys exert tremendous power and
influence over other inmates in enforcing strict observance of the
“Prisoners’ Code”.
22
their radical religious beliefs at any time or place within the insti-
tution.
The Hedonist. Some inmates build their lives around the limited
pleasures which can be had within the confines of prison. The
smuggling of contraband, homosexuality, gambling, drug run-
ning, and other officially condemned activities provide the center
of interest for prison hedonists. Hedonists generally have an ab-
breviated view of the future, living only for “now”.
The Legalist. The Legalist is the “jail house lawyer”. Just like
the mean dude, the legalist fights confinement. The weapons in
this fight are not fists or clubs, however, but the legal “writ”.
Convicts facing long sentences, with little possibilities for early
23
released through the correctional system, are most likely to turn
to the courts in their battle against confinement.
24
personal change. The reformer tends to lend a sympathetic ear
to the personal needs of inmates and is apt to offer “arm-chair”
counseling and suggestions.
The Life – Life group members were full participants in the eco-
nomic, social, and familial arrangements of the prison. The life
offered an alternative lifestyle to women who had experienced
early and constant rejection by conventional society.
The Bureau’s work program for inmates has the purpose of keeping
inmates busy and compensating them for their labor in order that they can
be have money for their personal expenses in prison and families. These
work programs are funded from three (3) sources, namely: (1) from
appropriated funds for inmates utilized as janitors, orderlies and other
administrative odd jobs; (2) from the Prison Agro-Industries trust funds for
inmates utilized as farm workers; and (3) from joint ventures such as
TADECO as banana plantation workers, Prison Inmate Labor Contract Office
and Sam sung for handicraft contracts. Inmate workers hired by private
companies earn higher wages as shown.
25
Medical cases that cannot be effectively treated at these
hospital/infirmaries and referred to better equipped government hospitals
outside the prisons, chargeable to the funds of the Bureau. As a standard
procedure, inmates referred other hospital are escorted by security officers
and a members of the medical staff a medical allowance of p.50 (US $0.02) a
day is allotted each inmate.
Visitation Services
Parole Examination
Prison Agro-Industries
Female inmate:
A female inmate shall only be assigned to work on jobs suitable to her
age and physical condition. She shall be supervised only by women
officers.
Old inmate:
An inmate over sixty (60) years of age may be excused from manda-
tory labor.
Place of work assignment
Only medium and minimum security inmates may be assigned to work
in agricultural field projects within a prison reservation. Maximum-se-
curity inmates shall not be allowed to work outside the maximum secu-
rity compound.
26
to him upon release only. In exceptional cases, however, upon satisfac-
tory showing of a necessity for withdrawal, the Director or the Superin-
tendent may authorize the disbursement of any part of the amount re-
tained.
Classification Diversification
Is the placing of prisoners into types Is an administrative device of
or categories for the implementation correctional institutions of providing
of the best treatment programs. It is varied and flexible types of physical
a method by which diagnostic plants for more effective control of
treatment planning and execution of the treatment programs of its
treatment programs are coordinated diversified population. It is the
in individual cases. separation of different types of
inmates for sound execution of their
treatment and custody.
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The Three Phases of Classification
1. Diagnosis- this done inside the reception center in which the inmates
will undergo series of test, e.g. physical, mental and medical examina-
tion in other to determine the inmates condition.
2. Treatment Planning- this will takes place in the reception center, which
is a special unit from the prisoner or in the classification clinic of the
prison. (After the staff interview and staff conference is done, it will be
then part of the admission summary)
3. Execution of the Treatment Program- this will takes place in the operat-
ing institution or prison.
The Reception and Diagnostic Center makes possible the careful study
of offenders by a professional staff, the segregation of prisoners based
on scientific methods: the treatment of inmates based upon careful
study of the individual inmate at the time of commitment; the
improvement of institutional programs based on close study of
inmate's characteristics and needs made at the Center; and the
development of research concerning the causes and treatment of
delinquency or crime. The Reception Center is a specialized diagnostic
institution designed to service a big correctional system. It is not a
treatment center.
In order that the Center can accomplish the purposes for which it is
intended, the following basic elements must exist in the correctional
system:
28
Psychiatrist: (determines the mental and emotional make-up of the in-
dividual)
examines the prisoner and prepares an abstract of his findings. The ab-
stract includes a brief statement of the mental and emotional make-up
of the individual with particular reference to abnormalities of the ner-
vous system and the presence of psychoses, psychopathic behavior,
neurotic tendencies, paranoid trends and other special abnormalities.
The psychiatrist makes a recommendation with regard to custody and
transfer and calls attention to any special conditions which limit or indi-
cate special type of work, educational training, recreation or disci-
plinary treatment.
29
a complete physical examination is given each inmate at which time
his medical history is obtained. The examination covers the major or-
gans of the body, such as the lungs and the heart, and includes tests
of the blood and sense organs. The doctor correlates the patient's pre-
vious health history with present findings in the medical history and
physical examination, plus recommendation for medical treatment.
The written reports submitted by the staff, of the center regarding their
findings on-the prisoners are compiled, and form the admission
summary. The admission summary becomes the, nucleus of the
cumulative case history of the prisoner. It should be prepared in three
copies.
30
(Bureau of Correction)
The basic law on the Philippine Prison System is found in the Revised
Administrative Code. Particularly Sections 1705 to 1751 of said
Code, otherwise known as the Prison Law. Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated
November 1, 1905) as an agency under the Department of
Commerce and Police. Revise Administrative Code of 1987 (E.O. 292)
and Proclamation No. 495 issued on November 22, 1989. Change the
agencies' name to Bureau of Corrections from Bureau of Prisons.
Republic Act No. 10575 The Bureau of Corrections Act of 2013″.
Approved May 24, 2013
1. Safekeeping and;
2. Instituting reformation programs to national inmates sentenced to
more than three (3) years.
Safekeeping Reformation
refer to the act that ensures shall refer to the acts which
the public (including families of ensure the public (including
inmates and their victims) that families of inmates and their
national inmates are provided victims) that released national
with their basic needs, inmates are no longer harmful to
completely incapacitated from the community by becoming
further committing criminal reformed individuals prepared to
acts, and have been totally cut live a normal and productive life
off from their criminal networks upon reintegration to the
(or contacts in the free society) mainstream society.
while serving sentence inside
the premises of the national
penitentiary.
This act also includes
protection against illegal
organized armed groups which
have the capacity of launching
an attack on any prison camp
of the national penitentiary to
rescue their convicted comrade
or to forcibly amass firearms
issued to prison guards.
31
Prison Discipline and Preventive Discipline
The Difference
32
Reformation personnel-to-inmate ratio of 1:24.
33
Before World War II, two national prisons were established by the gov-
ernment which are no longer operational today.
Corregidor Island, the Island prison and Bontoc Prison in Mountain Prov-
ince.
Bureau of Corrections
(Detailed Background)
When the Americans took over in the 1900s, the Bureau of Pris-
ons was created under the Reorganization Act of 1905 (Act No.
1407 dated November 1, 1905) as an agency under the Depart-
ment of Commerce and Police. It also paved the way for the
re-establishment of San Ramon Prison in 1907, which was de-
stroyed in 1898 during the Spanish-American War. It placed un-
der the auspices of the Bureau of Prisons and started receiving
prisoners from Mindanao.
34
colony has a total land area of approximately 16,190 hectares.
Prison records show that the first colonists and employees ar-
rived in Sablayan on January 15, 1955. Since then several build-
ings have been constructed, including the colonists’ dormitories,
employees’ quarters, guardhouse, schoolhouse, chapel, recre-
ation hall, and Post Exchange. Three sub-colonies were later or-
ganized. One is a reservation which this day remains part of a
protected rainforest. Another is in a coastal area. The third was
used by the national government as a relocation site for
refugees from the eruption of Mt. Pinatubo eruption in 1991.
Sablayan prison is a facility where prisoners from NBP are
brought for decongestion purposes. It follows the same colony
standards as other penal farms.
After the American regime, two more penal institutions were es-
tablished. These were the Sablayan Prison and Penal Farm in Oc-
cidental Mindoro under Proclamation No. 72 issued on September
26, 1954 and Leyte Regional Prison under Proclamation No. 1101
issued on January 16, 1973.
35
The institution became the maximum security compound in the
‘70s and continues to be so. The camp houses not only death
convicts and inmates sentenced to life term, but also those with
numerous pending cases, multiple convictions, and sentences of
more than 20 years.
After World War II, there was a surfeit of steel matting in the in-
ventory and it was used to improve the security fence. In the
late ‘60s, fences were further reinforced with concrete slabs. In
the 1980s, the height of the concrete wall was increased and
another facility was constructed, 2.5 kilometers from the main
building. This became known as Camp Sampaguita or the
Medium Security Camp.
36
rectional Institution for Women.” This was in keeping with
emerging trends in penology, which emphasized correction
rather than punishment. Convicts were brought back into the so-
cial mainstream adjusted and rehabilitated with a better outlook
in life.
During the Japanese occupation, the CIW, despite a drastic reduction in the num-
ber of its employees, continued with its work. A number of female military prison-
ers were also confined in the institution. They were later freed by the U.S. Army.
After the war, the CIW resumed its normal operations. Weekly catechism classes
were introduced. A dental clinic was built. Local telephones were installed in the
guards’ quarters. The Bureau of Public Works made major repairs on the main
building and a workshop and infirmary were constructed for the inmates’ use.
The infirmary during that time could accommodate around 16 patients. In 2000, a
new four-story building was constructed by the Department of Public Works
within the grounds of CIW. It eased the growing congestion in the facility. The
CIW, with a capacity for only 200 inmates, had to accommodate 1,000 inmates.
IWAHIG PENAL COLONY: This facility was established during the American oc-
cupation. It was however; during the Spanish regime that Puerto Princesa was
designated as a place where offenders sentenced to banishment were exiled. A
specific area of Puerto Princesa was selected as the site for a correctional fa-
cility. The American military carved out a prison facility in the rain forest of Puerto
Princesa. The institution had for its first Superintendent Lt. George Wolfe, a
member of the U.S. expeditionary force, who later became the first prisons direc-
tor. Governor Luke Wright authorized the establishment of a penal colony in the
province of Palawan on November 16, 1904. This penal settlement, which origi-
nally comprised an area of 22 acres, originally served as a depository for prison-
ers who could not be accommodated at the Bilibid Prison in Manila. In 1906,
however, the Department of Commerce and Police (which later became the De-
partment of Public Instruction) moved to turn the institution into the center of a
penal colony supervised in accordance with trends at the time. Through the
department’s efforts, the Philippine Commission of the United States government
passed Act No. 1723 in 1907 classifying the settlement as a penal institution. The
settlement was at first beset by attempted escapes. But under the supervision of
37
Col. John R. White of the Philippine Constabulary, who would become superin-
tendent of Iwahig in 1906, the colony became a successful settlement. A merit
system was devised for the prisoners and vocational activities were offered.
These included farming, fishing, forestry, carpentry, and hospital paramedical
work. Prisoners could choose the vocational activities they wanted.
SAN RAMON PRISON AND PENAL FARM: According to historical accounts, the
San Ramon Prison was established in Southern Zamboanga on August 21, 1870
through a royal decree promulgated in 1869. Established during the tenure of
Governor General Ramon Blanco (whose patron saint the prison was named af-
ter), the facility was originally established for persons convicted of political
crimes. Considered the oldest penal facility in the country, prisoners in San Ra-
mon were required to do agricultural work. During the Spanish-American War in
1898, the prisoners in San Ramon were hastily released and the buildings de-
stroyed. In 1907, the American administration re-established the prison farm. In
1912, Gen. John Pershing, chief executive of the Department of Mindanao and
Sulu, classified the institution as a prison and penal colony and therein confined
people sentenced by the courts under his jurisdiction. Under Pershing’s supervi-
sion, several buildings with a capacity for 600 prisoners were constructed. After
several years, the colony became practically self-supporting, with 75,000 coconut
trees, which were planted at the beginning of Pershing’s administration, con-
tributing to the colony’s self-sufficiency. Aside from coconuts, rice, corn, papaya
and other crops were also cultivated. On November 1, 1905, Reorganization Act
No. 1407 was approved creating the Bureau of Prisons under the Department of
Commerce and Police, integrating the Old Bilibid Prison, San Ramon Penal
Colony and Iwahig Penal. The Philippine Coconut Authority took over manage-
ment of the coconut farm from San Ramon. In 1995, Congresswoman Maria
Clara Lobregat proposed the transfer of San Ramon Prison to Bongiao town, in
the mountainous area of Zamboanga, to give way to a special economic zone.
DAVAO PENAL COLONY: The Davao Penal Colony is the first penal settlement
founded and organized under Filipino administration. The settlement,
which originally had an area of approximately 30,000 hectares in the districts
of Panabo and Tagum, Davao del Norte, was formally established on January
21, 1932 by virtue of Act No. 3732. This Act authorized the Governor-General to
lease or sell the lands, buildings and improvements in San Ramon Prison and
Iwahig Penal Colony. It also granted authority to the Secretary of Justice to es-
tablish a new prison and penal colony in a suitable public land. A budget of
P500,000 was allocated. Several committees were created to pick a suitable
site for the penal settlement. In accordance with the recommendation of these
committees, Governor Dwight Davis signed Proclamation No. 414 on October 7,
1931, which reserved a site for the penal colony in Davao province in Mindan-
dao. The site offered ideal conditions for agricultural activities. During World War
38
II, the colony was converted into a concentration camp where more than 1,000
Japanese internees were committed by the Philippine-American Armed Forces.
The Japanese were treated in accordance with the orders of the American com-
manding officer.
On December 20, 1941, the Japanese Imperial Forces attacked Davao and the
colony was among the establishments taken over by the invading army. The en-
tire settlement was thrown into confusion and a great number of prisoners es-
caped. Normal operations were inevitably disturbed. November 8, 1942, a repre-
sentative of the Director of Prisons transferred the colony and its properties to the
Japanese authorities. The remaining colony employees, their families and the in-
mates evacuated to Iwahig where they organized the Davao Penal Colony at Ina-
gawan sub colony (Palawan). The organization of the colony in exile was autho-
rized by virtue of Memorandum Order No. 60 dated June 28, 1943 and signed by
the Director of Prisons.
In 1940, the entire prison population including security facilities and equipment
were transferred to a new site in Muntinlupa. A portion was left to serve as the
Manila office of the Bureau of Prisons. Remaining edifices were used to house
the Manila City Jail. The office was used as a holding center for inmates with
pending court cases in the City of Manila. In 1980, however, when the national
leadership moved to claim the area for another project, the remaining office
was transferred to New Bilibid Prison. It has since been reclaimed and turned
into a station of the Mass Railway System traversing the area. The prison occu-
pied a quadrangular piece of land 180 meters long on each side, which was for-
merly a part of the Mayhalique Estate in the heart of Manila. It housed a building
for the offices and quarters of the prison warden, and 15 buildings or depart-
ments for prisoners that were arranged radially to form spokes. The cen-
tral tower formed the hub. Under this tower was the chapel. There were four
cell-houses for the isolated prisoners and four isolated buildings located on the
four corners of the walls, which served as kitchen, hospital and stores. The
prison was divided in the middle by a thick wall. One-half of the enclosed
space was assigned to Presidio prisoners and the other half to Carcel prisoners.
The Laurel report continued: “In 1908, a concrete modern hospital with a capacity
of 200 beds as well as new dormitories for the prisoners, were added.” A carpen-
try shop was organized within the confines of the facility. For some time, the shop
became a trademark for fine workmanship of furniture made by prisoners. At
the time, sales of handicrafts were done through the institutions and inmates
were compensated depending on the availability of funds. As a consequence, in-
mates often had to sell or barter their products.
The Bureau of Prisons was renamed Bureau of Corrections under the New Ad-
ministrative Code of 1987 and Proclamation No. 495 issued on November 22,
1989. It is one of the attached agencies of the Department of Justice.
In the early days of the Bureau of Corrections (formerly Bureau of Prisons), penal
institutions were established, closed or transferred to new sites. These included
the Old Bilibid Prison, New Bilibid Prison, and Correctional Institution for Women,
Fort Bonifacio Prison, Iwahig Penal Colony (now Iwahig Prison and Penal
Farm), San Ramon Prison and Penal Farm, Davao Prison and Penal Farm,
Bontoc Prison, Sablayan Prison and Penal Farm and Leyte Regional Prison.
The first RDC facility was created in Building of the Maximum Security
Compound of the New Bilibid Prison in 1953; RDC was transferred to
Sampaguita Camp in 1973. The RDC was turned into a Therapeutic
Community Camp on February 6, 2003.
39
Bureau of Correction Operations
Purpose of confinement
To segregate and ;him from society; and
To rehabilitate.
Basic principles
Discipline
Reformation
Safe custody of inmates.
Quarantine –inmate shall be placed in quarantine for a least five (5) days
during which he shall be-
RDC is a special unit in prison, which operates not as prison, detention nor
treatment or prisoners, but only provides the process of classification of
prisoners for their treatment and rehabilitation process.
40
1. To develop an integrated and realistic programs for the prisoner
through the coordination of diagnosis, treatment planning and treat-
ment activities.
2. Provide and guide the prisoner or the continuity of the treatment
from its commitment to release.
Functions of RDC
Medium Security (uniform color is blue) – this shall include those who
cannot be trusted in less secured areas and whose conduct or behavior
require minimum supervision.
those whose minimum sentence is less than twenty (20) years impris-
onment;
41
remand inmates or detainees whose sentences are below twenty (20)
years;
those who are more than 18 years of age and below, regardless of the
case and sentence;
those who have two (2) or more records escapes. They can be classi-
fied as medium security inmates if they have served eight (8) years
since they were recommitted. Those with one (1) record of escape
must serve five (5) years; and
first offenders sentenced to life imprisonment.
They may be classified as medium security if they have served five (5)
years in maximum security prison or less, upon the recommendation of
the Superintendent.
Those who were detained in a city and / or provincial jail shall not be
entitled to say classification.
Minimum Security (uniform color is brown) – this shall include those who
can be reasonably trusted to serve their sentences under less restricted
conditions.
Trustee:
42
Classification of Inmates as to
Entitlement of Privileges
Detainee;
Third Class inmate – one who has either been previously commit-
ted for three (3) or more times as a sentenced inmate, except
those imprisoned for non-payment of a fine and those who had
been reduced from a higher class;
Second Class inmate – a newly arrived inmate; an inmate de-
moted from first class; or one promoted from the third class;
First Class inmate – one whose known character and credit for
work while in detention earned assignment to this class upon
commencement of sentence; or one who has been promoted
from the second class.
Colonist.
Qualifications of a Colonist
be at least a first class inmate and has served one (1) year im-
mediately preceding the completion of the period specified in the
following qualifications;
has served imprisonment with good conduct for a period equiva-
lent to one fifth (1/5) of the maximum term of his prison sen-
tence, or seven (7) years in the case of a life sentence.
Privileges of a Colonist
Inmate may be allowed more or less three (3) hours to view the
deceased relative in the place where the remains lie in state.
Time-Release Education
43
reorientation with the ways of free society. Service of Non-Governmental
Organization and their religious sector are made possible to the offenders
prior to release from prison to assist in their reintegration to society.
Release
Prison Jail
a penitentiary, an institution a place of confinement for
for the imprisonment of per- those who are awaiting for
sons convicted of major/seri- trial or are those serving
ous crimes. short sentences.
44
Lock Up Jail
This is a security facility, usually operated by the police department, for the
temporary detention of persons held for investigation or awaiting trial.
SECTION 468. (4) (vii) Establish and provide the maintenance and
improvement of jails and detention centers, institute a sound jail
management program, and appropriate funds for the subsistence of
detainees and convicted prisoners in the province; R.A. 7160
The Provincial Jail System was first established in 1910 under the
American regime. Each of the seventy-six (76) provinces has a Provincial Jail
is headed by a Provincial Jail Warden which is appointed by the Provincial
Governor, as well as provincial jail guards with conformity with the Civil
Service Law. The DILG serves as the supervising agency in every Provincial
Jail.
Who is a Prisoner?
Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are
prisoners under the jurisdiction of courts.
Sentenced Prisoners
45
offenders who are committed to jail or prison in order to serve their sentence
after final conviction by a competent court. They are prisoners under the
jurisdiction of penal institutions.
Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1, 000.00 pesos or both.
City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or a
fine of not more than 1,000.00 pesos or both.
Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to 6
months.
Classification of Detainees
Undergoing investigation;
Awaiting or undergoing trial; and
Awaiting final judgment.
Legal Basis:
Sec. 60, R.A. 6975- the Bureau of Jail Management and Penology here
in after referred to as the jail bureau, is hereby created initially consist-
ing of the existing officers and non- uniform members of the office of
the jail management and penology as constituted under P.D. 765 under
the defunct PCINP.
Sec. 61 R.A. 6975- provides that the Jail Bureau shall exercise supervi-
sion and control over city and municipal jails. The provincial jails, shall
be supervised and controlled by the provincial government within its
jurisdiction, whose expense shall be subsidized by the National Govern-
ment for not more than 3 years after the affectivity of this act, and
shall plan and program funds for the subsistence allowance of the of-
fender and conduct research, develop and implement plans and pro-
grams for the improvement of jail services throughout the country.
Sec. 62 ibid- the jail bureau shall be headed by chief with the rank of
Director and assisted by a deputy with the rank of chief superinten-
dent. The central office serves as the main office staff, which is com-
posed of three ranking official members, six (6) directorial staff groups,
and four personal staff groups.
46
Chief BJMP
Deputy Chief
Chief of Staff
Inspectorate Office
Community Relation office
Legal office
Internal office
Guidelines in Reception
and
Admission Procedures in Jails
47
Taking all cash and other personal property from the inmate and
issue receipt;
Turn-over all cash and valuables of the inmate to the Property
Custodian for safe keeping with official receipts.
48
a. Chairman - Deputy Warden
b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development
Officer
Disciplinary Board
The board is tasked to implement discipline inside the jails just in case there
are violation of existing rules and policies.
COMPOSITION:
Chairman- assistant warden
Members- chief security officer, medical/ public health officer, so-
cial worker/ rehabilitation officer
Reprimand
Temp or permanent cancellation of some or all recreational privi-
leges
Cancellation of visiting privileges
Extra fatigue duty for sentenced inmates only
Closed confinement
49
Transfer to another facility with court coordination
Limitation of Punishment
After the hearing, the board shall decide the case on the merits.
50
Minor Offenses:
Grave Offense:
51
Concealing or withholding information on plans of attempted es-
cape.
Unruly conduct and behavior and flagrant of discipline and in-
structions.
Helping, adding or abetting others to escape.
Fighting causing any disturbance or participating there in and/ or
agitating to cause such disturbance or riot; and
Indecent , immoral or lascivious acts which by himself or other
and/ or allowing to be subject of such indecent, immoral or las-
civious acts.
The control center shall immediately sound the alarm and inform
the warden in case of escape.
At the first sound of the alarm, the inmates shall be locked in
their respective cells.
All the first personnel, custodial and non-custodial force shall
make themselves available for deployment.
Personnel who have inmates under their care shall remain on
duty; take their accounting at the time of the emergency.
A simultaneous institution-wide count shall be made to deter-
mine the numbers of inmates who escaped identities estab-
lished.
As soon as the identities of the escapees are established, it shall
be published and all police precincts be immediately notified.
Radio and television stations should be immediately notified.
Recovery teams shall be sent out to all known liars, hangouts.
In case of mass jailbreaks, all the members of the custodial force
shall issued firearms and resigned to critical post to block the es-
cape routes.
If an officer is held hostage, reasonable caution should be made
to ensure his/ her safety.
If the warden is held hostage, for all intents and purposes he
ceases to exercise authority and the next in command shall take
the action.
Maximum force shall be deployed for escapes found holding on in
an area to pressure them to surrender and avert their move-
ments and an investigation shall commence thereafter.
52
The criminal liability of the person is extinguished into two instances
the partial and total extinction of the criminal liability of the convicted felon.
If the offender died before final judgment its pecuniary or civil liabilities
is extinguished. But, if the convict died after final judgment the
pecuniary penalties or civil liabilities is not extinguished. If the
offended party died it does not extinguished the civil and criminal
liability of the offender due to the reason that the offense is committed
against the state.
3. By service of sentence
4. By amnesty, which completely extinguishes the penalty and all its ef-
fects:
5. By absolute Pardon
53
1. To do away with the miscarriage of justice - Under the present
method of judicial procedure justice is not guaranteed. It is possible
to convict innocent person, as it is possible for criminals to escape
the hands of justice. When an innocent convict has no more
recourse through courts, the remedy is absolute pardon. The power
of the President to pardon offenders on the grounds of innocence is
rarely exercised because the criminal procedures are liberal in
granting a new trial in the case of an offender has no more legal
remedy will pardon of this nature be given. If so exercised, absolute
pardon is granted after an exhaustive investigation is conducted
and upon recommendation of the Secretary of Justice.
3. To restore full political and civil rights of persons who have already
served their sentence and have waited the prescribed period. The
greatest number of application for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In
the Philippines, the Office of the President laid down the policy to
grant absolute pardon to ex-prisoners ten years from the date of
their release from prison. Recently the policy was relaxed, thereby
shortening the waiting period of five years. The waiting period is
required to give the offender an opportunity to demonstrate that he
has established a new pattern of conduct.
Absolute Pardon does not work to restore the right to hold public office
or the right to suffrage, unless such rights are expressly restored by the
terms of pardon. A pardon does not exempt the offender from the payment
of civil indemnity imposed upon him by the sentence. Absolute pardon totally
extinguishes the criminal liability but not the right of the offended party to
enforce the civil liability against the offender.
In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid
down the doctrine that the absolute pardon removes all that is left of the
consequences of conviction, and that it is absolute in so far it restores the
pardonee to full civil and political rights.
In another case, the supreme Court reiterated the doctrine laid down
on the Cristobal vs. Labrador case and elucidated further that “an absolute
pardon not only blots out the crime but removes all disabilities resulting from
the conviction; and that when granted after the term of imprisonment has
expired, absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )
54
already convicted while amnesty may be given before trial or investigation is
had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court
distinguished pardon from amnesty in that, “pardon is granted by the Chief
Executive and such it is a private act which must be placed and proved by
the person pardoned, because the courts take no notice thereof; while
amnesty is by proclamation with concurrence of Congress, and it is a public
act which the courts should take judicial notice. Pardon is granted to one
after conviction, while amnesty is granted to classes of persons who may be
guilty of political offenses, generally before or after the institution of criminal
prosecution and sometimes after conviction. “
1. By conditional Pardon
2. By Commutation of Sentence
55
1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for
the affirmation of the death penalty.
The conduct of any prisoner in any penal constitution shall entitle him
to the following deductions from the period of his sentence;
Authority to Grant
56
imprisonment is excluded from the benefits of the parole law. However, when
this prisoner has already been reformed, he may be released on conditional
pardon.
The purpose of conditional pardon and parole is the same – the release
of a prisoner who is already reformed in order that he can continue to serve
his sentence outside of the institution, thus giving him the opportunity to
gradually assume the responsibilities of a free man. Both releases are
subject to the same set of conditions will subject the parolee or pardonee to
be recommitted to prison. The only difference between the two is the
granting authority. In parole the granting authority is the Board of Pardons
and Parole, while in conditional pardon, the granting authority is the
President.
57
1. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the
consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he
needs not get the permission of the Board, although he may so inform
his parole officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will
reside) or to such officer as may be designated by the Executive Officer
of the Board of Pardons and Parole during the first year once a month
and, thereafter, once every two months or as often as he may be
required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall
avoid places or persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine
Constabulary or any officer designated by the Executive Officer of the
Board to visit him at reasonable times at his place of abode or
elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an
orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive
Officer may from time to time make.
Judges are human beings and are therefore apt to commit errors. It is
possible for an innocent to get convicted, as it is possible for a criminal to
escape the hands of justice. An innocent man may not be able to present
evidence to prove his innocence, or may not have the money to hire a good
counsel. Many of our penal laws are outmoded and are no longer kept
abreast with current trends of criminal justice administration. Judges are
limited by laws to the use of discretion they may exercise in any given case.
Under any of the above circumstances, an injustice may result, which can
only be remedied by the exercise of pardon.
58
indeterminate so that some prisoners are deprived of the privilege of parole.
Therefore, pardon is necessary for the prisoners who do not fall under the
parole law.
AMNESTY
The Supreme Court, in the case of People vs. Santos, et al., 47 O.G.
6168, stated that the “purpose of amnesty is to bring about the return of
dissidents and recalcitrant elements of our population to their homes and the
resumption by them of their lawful pursuits, or occupations, as loyal and law-
abiding citizens, to accelerate the rehabilitation of the war-devastated
country, restore peace and order, and secure the welfare and happiness of
the communities.”
Amnesty looks backward and abolishes and puts into oblivion the
offense itself. It so overlooks and obliterates the offense with which he is
charged that the person released by amnesty stands before the law as
though he had committed no offense.
COMMUTATION
59
Purposes of Commutation
1. To break the rigidity of the law - Some penal laws are rigid and
unusually cruel. For example, a law making qualified theft, the stealing
of young coconuts from trees, or fish from the fishpond, or sugar cane
from the sugar cane field. Qualified theft imposes an unusually heavy
penalty on the culprit, which is greatly misappropriated to the value of
article stolen. Even if the judge would want to impose a light penalty,
he could not do so because his hands are tied by the provision of the
law. The sentence in this case may be reduced by commutations of
sentence.
2. To extend parole in cases where the parole law does not apply -
Commutation enables the recipient to be released on parole when his
sentence does not allow him parole, like, for example, when the
sentence is determinate or life sentence, or when the prisoner is
serving two or more sentences. The sentence may be changed to an
indeterminate sentence by commutation to enable the recipient to
receive parole after serving the minimum of the sentence.
3. To save the life of a person sentenced to death - This is one of the most
common uses of commutation of sentence. In the Philippines, 95% of
death penalty cases are commuted to life imprisonment.
Procedures in Commutations
The Board of Pardons and Parole processes the petition and will
deliberate on a recommendation after a careful study of the papers,
including the reports of the Reception and Diagnostic Center. It will them
forward the petition, including its recommendation to the President. The
President will then act on the petition. In giving or denying commutation, the
President may not follow the recommendation of the Board of Pardons and
Parole.
REPRIEVE
60
is called “good conduct-time “and is given by the law as motivation for good
behavior while serving sentence in prison. Article 97, Revised Penal Code,
provides good conduct time allowance to all sentences under the following
schedules:
“If the prisoner does not forfeit his statutory good conduct time allowance
through misbehavior, he is released at time earned. He is released under
supervision as if on parole and subjected to all parole condition which, if
violated, will result in the issuance of a warrant, revocation of his release,
and the requirement that he return to prison to serve the maximum term.”
Act No. 2489, otherwise known as the Industrial Good Time Law,
provides that when a prisoner has been classified as trusty or penal
colonists, he is given an additional 5 days time allowance for every month of
service. A prisoner serving life sentence has his sentence automatically
reduced to 30 years of imprisonment upon attaining the classification of
trusty or penal colonists.
PROBATION
History of Probation
61
This harshness eventually led to discontent in certain progressive
segments of English society concerned with the evolution of the justice
system. Slowly, yet resolutely, in an effort to mitigate these inhumane
punishments, a variety of measures were devised and adopted. Royal
pardons could be purchased by the accused; activist judges could refrain
from applying statuses or could opt for a lenient interpretation of them;
stolen property could be devalued by the court so that offenders could be
charged with a lesser crime. Also, benefit of clergy, judicial reprieve,
sanctuary, and abjuration offered offenders a degree of protection from the
enactment of harsh sentences.
Eventually, the courts began the practice of "binding over for good
behavior," a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain
courts in due time began suspending sentences.
Two names are most closely associated with the founding of probation:
Matthew Davenport Hill, an 18th century English barrister and judge, and
John Augustus, a 19th Century Boston boot-maker.
62
probation. The offender's character, age and the people, places and things
apt to influence him/her were all considered.
Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's
recommendations in its report to the Legislature resulted in the creation of
the New York State Probation Commission in 1907. Until the late 1920s, this
commission coordinated probation work in various parts of the state,
encouraging the statewide development of probation services, the planned
and promoted standards of practice, and guidelines for monitoring local
probation services.
63
History of Probation in the Philippines
In 1972, House Bill No. 393 was filed in Congress, which would
establish a probation system in the Philippines. This bill avoided the
objectionable features of Act 4221 that struck down the 1935 law as
unconstitutional. The bill was passed by the House of Representatives, but
was pending in the Senate when Martial Law was declared and Congress was
abolished. In 1975, the National Police Commission Interdisciplinary drafted a
Probation Law. After 18 technical hearings over a period of six months, the
draft decree was presented to a selected group of 369 jurists, penologists,
civic leaders and social and behavioral scientists and practitioners. The
group overwhelmingly indorsed the establishment of an Adult Probation
System in the country.
Probation is given in cases that the ends of justice do not require that
the offender go to prison. This is also when all the following circumstances
exist: that there is a strong likelihood that the defendant will reform; that
there is a little danger of seriously injuring or harming members of the
society by committing further crimes; that the crime he committed is not one
64
that is repugnant to society; that he has no previous record of conviction;
and that the deterrent effect of imprisonment on other criminals is nit
required. The person who is placed on probation is not a free man because
he is required to live within specified area. He is deprived of certain rights
and privileges of citizenship, but he retains some other rights and is entitled
to the dignity of man.
Purpose of Probation
“The great desideratum was the giving to young and new violators of
law a chance to reform and to escape the contaminating influence of
association with hardened or veteran criminals in the beginning of the
imprisonment… Probation is the attempted saving of a man who has taken
one wrong step and whom the judge think to be a brand who can be plucked
from the burning at the time of the imposition of the sentence. “
65
Personality: He must be of such integrity, intelligence, and
good judgment as to command respect and public confidence; Because
of the importance-of his quasi-judicial functions, he: must possess the
equivalent personal qualifications of high judicial officer. He must be
forthright, courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.
History of Parole
The word Parole has a French origins in the term Parole D’Honneur
which means, “Word of Honor”. The idea of parole began emerging as
Mirabeau of French statesman suggested the function of parole into the court
before his death in 1791. The beginning of parole was very controversial in
the process of correctional system. Captain Alexander Marconochie started it
under the concept of mark system, as a result he was removed as warden at
Norfolk Island Australia. Sir Walter Crofton in 1854 continued the vision of
Maconochie in the form of Irish ticket-of-leave. In 1876 parole was first
introduced at Elmira Reformatory under Zebulon Brockway. Although parole
was used in United States in 1846 as a type of conditional release but it was
not popularized.
Parole restores gradual freedom to the prisoners and bridges the gap
between the highly controlled and regimented prison life to the free life in
the community. This conditional release is subject with conditions are
violated by the parolee, he will be brought back to the prison to several its
remaining term.
66
Parole is being conducted through the process of casework under its
classification committee. The committee considers all record materials as to
the service of sentence of the convict, its conduct and relationship with the
staff and other convicts.
PAROLE SYSTEM
Administrative Structure
67
The parole system in the Philippines falls under the third plan.
Generally a parole office headed by an executive officer called Parole
Administrator or Chief Parole Officer administers parole. The Chief of the
Parole Office executes the policies formulated by the Board of Parole, and
carries out the functions of parole. A parole agency has two important units
or subdivisions aside from the administrative and other auxiliary service
units. The principal subdivisions are the investigation and Supervision
Divisions.
Parole Investigation
Parole Selection
Tools in Selection
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The Parole Referral Summary - this document is prepared by the
prison's classification committee for the use of the parole bureau. The
purpose of this summary is to indicate to the field (parole) workers what the
staff of the prison considers to be essential for the best interest of the
parolees and the protection of the society. It contains an appraisal of the
prisoner's personality and his needs for adjustment upon return to society.
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document represents a general plan for the care and treatment of the
parolee. Circumstances may require modifications of the recommendations
contained by the paroling agency, yet the parole referral summary remains
the basic clinical document for the determination of the man's program upon
release, since it represents a comprehensive study by the institutional staff
of his entire life.
Pre-Parole Investigation
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Cases of prisoners serving more than five years or cases wherein a
major policy is involved, and cases offering difficult factors in planning are
resolved by the board en bane.
The date of release of a parolee does not take place earlier than one
month nor exceed six months from the date parole is granted. This will give
sufficient time for the supervising parole officer to complete and verify the
parole release plan. Only in exceptional cases are parolees granted
immediately upon approval by the board. Cases that are denied by the board
may be rescheduled for hearing after at least six months from the date of
denial.
The parole, officer serves as a good liaison between the prison and the
parole board on the one hand, and the community on the other hand. He
interprets the problems and needs of the prisoner to his family, his
prospective employer and the community for the eventual return of the
prisoner.
Organizational Aspect
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The Federal government of the United States combines parole
supervision with probation supervision. It has no parole
field service hence parolees are turned over to the district court probation
officers for supervision.
Some big states have centralized parole supervision services. This sort
of centralized parole supervision service may involve district offices, with
parole officers working out of them, but all of these services are controlled
and budgeted from a central state office. In smaller states that do not justify
establishment of district offices, parole officers are assigned to cover certain
territories usually covering several counties and are directed from the central
office. In a few jurisdictions, parole supervision is an adjunct of the prison
because a centralized parole service is not economically justified.
Recently, federal and state laws were passed providing for parole and
probation compacts, whereby states enter into reciprocal agreements to
allow a parolee or probation to be supervised by another state.
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3. Getting, Keeping and Reporting Honestly on Employment.
The parolee must be taught the habit of work, not only for
psychological effect but also for economic stability. It is therefore
essential that the parolee be assured of a legitimate and legal means
of income. Before releasing the parolee, therefore, the parole board
must be assured that he is willing to work; must make reasonable
efforts to secure and maintain employment; and must work only in
legitimate enterprises. Sometimes the parole office requires the
parolee to inform his parole officer of any change of employment. The
aim is to discourage the parolee from drifting from one employment to
another, which is a symptom of vocational maladjustment.
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unsolved crime is committed. In order to evade being a suspect, the
parolee should agree to keep reasonable hours at night.
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arrest and reincarceration. Not all parolees, according to this view, respond
to the guidance counseling or leadership techniques of supervision, hence
the need for the authoritarian method for this type of persons.
Classifications of Cases
Knowing the type of offenders his wards are, the parole officer can
adjust his schedule of supervision, devoting intensive supervision to parolees
belonging to the third type while giving little time for parolees of the first
type.
Casework Techniques
Manipulative Techniques
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1. Job finding — some parole systems have their own
employment bureaus, the main function of which is to locate jobs
for parolees. By providing a job the parolee may become a
permanent law-abiding citizen. In some cases, the parole officer
himself tries to find a job for his ward.
Executive Techniques
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3. Medical Care — It is the function of the parole officer to refer
his client in need of medical care, hospitalization, dental services or
psychiatric services, to agencies rendering such services free of
charge.
These techniques require, that the parole officer must be well versed
with the science of human behavior. He should know the motivations, which
cause the person to react the way he did under certain situations. He should
try to determine what caused his ward to follow a certain cause of action. He
should attempt to influence and guide his clients into solving their problems.
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In guidance and leadership technique, the parole officer seeks to exert
a direct personal influence on the parolee. The advice of the parole officer
may spell the difference between going straight and going the wrong way by
the parolee. The parolees' thinking can be properly guided by the parole
officer so that they may be able to solve their own problems under the same
or similar situations.
Parole Advisor
The parole system of the U.S. Federal Government has adopted the
parole advisor system. The policy of the Federal Parole administration is that
the parolee must have some citizens to serve voluntarily as his parole
advisor. This requirement has been abolished in several states and is now
waived by the U.S. Board of Parole when a satisfactory advisor is not
available, in which case the probation officer is named parole advisor in
addition to his duties as supervising officer.
The parole advisor can be of great help to the parole service during the
pre-release planning. The advisor who may have known the prospective
parolee intimately for some time can help in the preparation of the parole
program. The interest shown by the advisor on the would-be parolee can be
exploited and developed by the parole officer to a productive and helpful
service throughout the ensuing parole period.
It is desirable that the field probation officer and the parole advisor
should work as a team. In order to obtain full cooperation of the advisor, the
parole officer should show its appreciation for the assistance of the parole
advisor. The advisor can be of service more effectively in rural areas where
the parole officer cannot regularly visit. The parolee can always turn to his
parole advisor for immediate help because the parole officer is not available
for immediate counsel and advice when pressing problems arise.
Furthermore, the parole officer may have to depend on the advisor for
reliable information regarding the parolee’ conduct, as well as his
adjustment.
There are two types of parole violators: commission of a new crime and
violation of a parole condition. In the first type, conviction of a new crime by
the parole will automatically cause recommitment of the parolee. If the
parole is convicted but appeals his case in the higher court, the parole officer
will submit a report of said conviction and appeal to the Board of Parole
which will decide, after due investigation, on recommitting the parolee or
not. If it is violation of parole condition only, the Board of Parole shall conduct
an investigation, giving careful consideration on whether the act was willful,
whether the safety of the public is involved, and whether other disciplinary
action than recommitment to prison might be sufficient.
Parole Boards are authorized to issue warrants for the arrest of alleged
parole violators or to issue notices to appear to answer charges where arrest
is not necessary. Parole officers are authorized to arrest or cause the arrest
without a warrant where immediate action is necessary against the violator
or one who is in danger of becoming a violator. The parole officer should
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submit a written report of the violation to the parole board. Releases from
the jail of alleged violators should be on order of the parole board only.
The certificate of discharge from parole has the effect of restoring all
civil rights lost by operation of law. This is not, however, true in the
Philippines. It needs an executive clemency in the form of absolute pardon to
restore said rights.
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preserve and restore harmonious family relationships and to prevent
conditions, which would disrupt family life.
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limited to finding jobs for the few ex-prisoners, and providing limited financial
aid to ex-prisoners getting started in life.
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Prisons. These officers shall be supplied with furnished quarter at the
main prison and shall be allowed laundry service and such other
services as shall be sanctioned by the Department Head.
Sec. 1708 Main Prison – In the main prison shall be confined all
national prisoners except as otherwise provided by law or regulations.
This prison may also be used as a place of detention for other classes
of prisoners or for the temporary safekeeping of any person detained
upon legal process.
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case, be revoked at any time by order of the superintendent of the
colony, with the approval of the Director of Prisons. All members of the
families of colonists living on the reservation shall be subject to the
regulations governing the colony.
Sec. 1719 Supply store for Iwahig Penal Colony – The Director of
Prisons, with the approval of the Department Head, shall establish and
maintain a general store for the sale of merchandise which may be
required by the residents of the settlement, and for their own profit.
Colony produce may be sold to others than residents of the settlement
should there be more to be disposed of than is required for the use of
the colony and the main prisons. The supply store fund shall be
reimbursable, the receipts from the business of the supply store being
available for the payment of the costs of supply and other expenses
incident to the conduct of said store, without re-appropriation.
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punishment which may be imposed by this summary court shall not
exceed the forfeiture of one month’s pay, or discharge.
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who shall forward the same or a copy thereof to the Director of Prisons.
Once during each month the senior inspector of constabulary in the
province shall visit the provincial jail and make report upon its
condition to the Director of Prisons.
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the prisoners therein, using for this purpose members of the Philippine
Constabulary as jail guards.
Such action shall in no wise alter the liability of the province for
the expenses incident to the maintenance of prisoners or the keeping,
repair, and construction of the jail; but the payment and subsistence of
the Constabulary guard shall be at the expense of the Constabulary.
Sec. 1738 Use of jail for detention of fugitive from justice – Any
provincial jail may be used for the safekeeping of any fugitive from
justice from any province, and the jailer shall in such case be entitled
to receive the same compensation for the support and custody of such
fugitive from justice as is provided for other prisoners, to be paid by
the officer demanding the custody of the prisoner, who shall be
reimbursed for such outlay as a part of the costs of the prosecution.
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among whom shall be reckoned, any event all persons sentenced for
violation of the Customs Law or other law within the jurisdiction of the
Bureau of Customs or enforceable by it, and for violation of the Election
Law.
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their place of confinement to their homes shall be paid out of the
appropriation for the Beau of Prisons, except as otherwise specially
provided.
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Sec. 4. Grant of Probation. — Subject to the provisions of this
Decree, the court may, after it shall have convicted and sentenced a
defendant and upon application at any time of said defendant, suspend
the execution of said sentence and place the defendant on probation
for such period and upon such terms and conditions as it may deem
best. Probation may be granted whether the sentence imposes a term
of imprisonment or a fine only. An application for probation shall be
filed with the trial court, with notice to the appellate court if an appeal
has been taken from the sentence of conviction. The filing of the
application shall be deemed a waver of the right to appeal, or the
automatic withdrawal of a pending appeal. An order granting or
denying probation shall not be appealable.
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who have been once on probation under the provisions of this
Decree; and
who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section
33 hereof.
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furnished said Executive Judge. Thereafter, the Executive Judge to
whom jurisdiction over the probationer is transferred shall have the
power with respect to him that was previously possessed by the court,
which granted the probation.
When the sentence imposes a fine only and the offender is made
to serve subsidiary imprisonment in case of insolvency, the
period of probation shall not be less than nor to be more than
twice the total number of days of subsidiary imprisonment as
computed at the rate established, in Article thirty-nine of the
Revised Penal Code, as amended.
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Sec. 19. Probation Administration. — The Administration shall be
headed by the Probation Administrator, hereinafter referred to as the
Administrator, who shall be appointed by the President of the
Philippines. He shall hold office during good behavior and shall not be
removed except for cause. The Administrator shall receive an annual
salary of at least forty thousand pesos. His powers and duties shall be
to:
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Administrator and in accordance with civil service law and rules. The
Provincial or City Probation Officer shall receive an annual salary of at
least eighteen thousand four hundred pesos. His duties shall be to:
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Probation Administrator. Their qualifications and maximum caseloads
shall be provided in the rules promulgated pursuant to this Decree.
2. There is no man who is all bad and there is something good in all
men. (Art. I)
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The crime of Arbitrary Detention is committed when the detention of a
person is without legal ground.
Delaying Release
Elements:
Elements:
Elements:
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d) He fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive
regarding the passing away of the calamity.
The effect of this is, the convict may suffer the unexpired portion of his
original sentence
Elements:
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Just as justifications for the criminal sanction have influenced
sentencing decisions, correctional models have been developed to describe
the purposes and approaches to be used in handling prisoners. Although
models may provide a set of rationally linked criteria and aims, the extent to
which a given model is implemented is a matter for empirical investigation.
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The concept of a Total Institution developed by Erving Goffman, has
influenced much research on prisons. He stated that “the prison, like other
total institution, is a place of residence and work where a large number of
like-situated individuals, cut off from the wider society for an appreciable
period of time, together lead an enclosed, formally administered round of
life”. A total institution is one that completely encapsulates the lives of the
people who work and live there. A prison must be such an institution in the
sense that whatever prisoners do or do not do begins and ends there; every
minute behind bars must be lived in accordance with the rules as enforced
by the staff. Adding to the totality of the prison is a basic split between the
large group of inmates. Those who have very limited contact with the outside
world and the small group of staff members who supervise the inmates and
yet are socially integrated with the outside world they live (Clear and Cole,
1986). This concept of inmate treatment probably an influence of the broad
goals of incarceration. When we look at a prison, it is natural to believe that
retribution, incapacitation and deterrence are the goals being advanced, but
one also know that the most sought after goal is the rehabilitation of
offender.
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solve them. When prisoners feel pain, prisons become hard to operate.
According to Johnson (1987), in principle, it is possible to escalate pain and
break the will of the prisoners and to resort into outright brutality and to run
the prison on raw fear. He also stated that prisons are meant to push and
deter two goals that require pain and discomfort even to the extent that
conditions in jail are restrictive and even harsh. They are part of the penalty
that the criminal offender must pay for his offenses against society. The
constitution does not even mandate comfortable prisons so indeed prisons
cannot be free from discomfort because by their very nature, always will be
painful.
If this is what really appears to be, then when will man realize the
meaning of reformation or rehabilitation for prisoners? Does it only end in
wishful thinking?
First, the proponent of the Null Strategy say that nothing should be
done, that prisons should be allowed to become increasingly congested and
staff should remain to maintain them with the assumption that the problem
is temporary and will disappear in time. This, of course, may be the most
politically acceptable approach in the short run. In the long run, however, the
approach may lead to riots as prisoners take control of their situation and
staff members become demoralized. It may ultimately result in the courts
declaring the facilities unconstitutional and taking over their administration.
Philosophical opponents of incarceration may support this approach because
they fear that other strategies will only result in greater numbers of persons
imprisoned.
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and probation. Some critics contend, that even if such alternative were fully
incorporated into the correctional system, they would affect only first time,
marginal offenders, as they are not appropriate for serious criminals if crime
control is a goal and has the effect of widening the net so that a greater
number of citizens come under correctional supervision. While the Back-door
strategies such as detention, parole, work release and good behavior are
devised to get offenders out of the prison before the end of their terms in
order to free space for new comers.
In the United States, a Federal Survey (Senna and Siegel, 1987) found
out that the ratio of probation to prison population is increasing as a faster
rate than the prison population. About 1,032,000 adult offenders were put on
probation in 1984, and about 904,000 finished their probationary period. Of
these about 81.5 percent were considered successful completions. The
remainder, 18.5 percent, was considered unsuccessful either because the
probationer was incarcerated for a new offense or because the probationer
absconded or was in custody for another reason (Senna and Siegel, 1987).
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probation at the time of their offense. In all, about 85 percent of entering
inmates had prior convictions that had resulted in correctional treatment.
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Period of Prescription of Crimes under Special Laws or
Ordinances
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b. That the convict evaded the services of sentence by escaping
during the term of his sentence;
c. That the convict who escaped from prison has not given him-
self up or been captured or gone to a foreign country with
which we have no extraditio0n treaty, or committed another
crime;
d. That the penalty has prescribed because of the lapse of time
from the date of the evasion of the service of sentence by the
convict.
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Complementarily of efforts among key personnel at all levels thus
fends to neutralize budgetary constraints.
b. Oplan Greyhound
Searches on offenders and visitors entering the jail facilities are religiously
conducted to prevent entry of contraband and other deadly weapons and to
ensure the safety and security of offenders, visitors and personnel. No one is
allowed to pass the gate without being subjected to body search and
inspection.
d. Offenders’ count
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It is a part of institutional procedure that at specified times during a 24-
hour period, all offenders shall be physically counted, at least four (4)
times daily and during charge of shift. And all movements of offenders
shall cease until the court is completed. If the total jail court does not tally
with the jail population at any given time, another count shall be made.
An immediate report shall be rendered to the warden or deputy warden
for any unaccounted offender.
A jailer shall not enter the quarters of the offenders to distribute food
unless another officer is available to handle the keys and to control the
entrance door. In dining room security, as a general precaution, individual
mess utensils of offenders are made of plastic.
f. Mail censorship
To give the offenders are respite from the strain of prison life, they shall
be encouraged to maintain wholesome contact with friends and relatives
through correspondence. However, the privilege o sending and receiving
mail that is extended to offenders shall be properly supervised and
handled to obviate the possibility of smuggling contraband and using this
as a means of elicit communication. Likewise, all outgoing mail shall pass
through the normal mail facility of the jail subject to the usual censorship.
Definition:
1. Mob – it is a crowd which may become boisterous and disorderly
with only isolated and minor violence or lawlessness.
2. Riot – it is a mob which seeks to violate each and every
police goals.
Characteristics
1. Verbal and written abuse – tactics used to anger and demoralize po-
lice officers.
2. Noise – this tends to fatigue and demoralize the police and it also in-
terferes with police command and control.
3. Attack on police and police equipments – this is done to damage
and cripple police vehicle and disrupt police action against violators.
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4. Throw objects – police offices should be on the look out for troubled
areas where objects are available to violators.
Ex. Molotov bombs, pili boxes, feces, urine, stone and etc.
5. Moving vehicle – used to destroy roadblocks and police formations.
6. Destruction of property and looting – private residence and busi-
nesses may have windows broken or set into a fire or business es-
tablishments may be looted of merchandize.
7. Use of weapons and firearms – these are used in fighting police ei-
ther by selective snipping or massed fire.
2. Tactics
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1. Mobile units patrolling the area
2. Develop a system of guard on fixed post
3. Roving for patrol
4. Develop system of communication
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other Law Enforcement Agencies is also encouraged before the conduct of an
operation.
The following are the measures that help reduce the occurrence of
escape attempts:
a) Method of Escape- Inform the Central Office how the inmates managed to
have access in the area from where the escape occurred;
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b) An evaluation of the factors which may have led to or what enable the
escape;
a) Recovery team must be tactful and use good judgment during their
contact with the public;
b) Apprehension plan should clearly state the limits of authority of the re-
covery team;
c) Conduct vehicle or house search;
d) Proper coordination with the law enforcement agencies is necessary;
e) Recovery team must recognize the importance of proper handling of
evidence;
f) Any infractions of the law should be avoided.
Oplan decongestion
Under this program, the following applicable laws and policies must be
religiously implemented.
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Department of Justice memorandum Circular No. 6, which directs
all wardens or anyone who is in-charge of local jails to effect the
immediate transfer of national Prisoners to the national Penitentiary
in Muntinglupa or other National Prison.
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