BJMP Operational Manual
BJMP Operational Manual
ADMINISTRATION
Chapter I
Overview of the BJMP
RULE I
GENERAL PROVISIONS
Republic Act No. 6975, otherwise known as the “Department of Interior and Local Government Act of
1990”, provided that the task of jail management and penology shall be the responsibility of the Bureau
of Jail Management and Penology (BJMP). Based on this mandate, the BJMP defined its vision, mission,
powers, functions, values, objectives and principles as an institution, in a consultative and participatory
strategic planning session. Subsequently, Republic Act No. 9263, also known as the “Bureau of Fire
Protection and Bureau of Jail Management and Penology Professionalization Act of 2004”, and its
Implementing Rules and Regulations strengthened the provisions of RA 6975, redefined many of the
BJMP’s existing policies and restructured the Bureau’s organization.
Section 1. MANDATE – The Bureau of Jail Management and Penology was created on
January 2, 1991 pursuant to Republic Act 6975, replacing its forerunner, the Office of Jail
Management and Penology of the defunct Philippine Constabulary/Integrated National Police.
The BJMP has jurisdiction over all district, city and municipal jails. It is a line bureau of the
Department of the Interior and Local Government (DILG). As such, it shall ensure the
establishment of secured clean, adequately equipped and sanitary facilities and provision of quality
services for the custody, safekeeping and development of district, city and municipal inmates, any
fugitive from justice, or person detained, awaiting or undergoing investigation or trial and/or
transfer to the National Penitentiary, and/or violent mentally ill person who endangers
him/herself or the safety of others as certified by the proper medical or health officer, pending
transfer to a mental institution.
Section 2. VISION – A premier institution highly regarded by society for the secured and
humane treatment of Persons Deprived of Liberty (PDL) by its competent and motivated corps.
Section 3. MISSION – To enhance public safety by ensuring humane safekeeping and
development of Persons Deprived of Liberty (PDL) in all district, city, and municipal jails for their
reintegration to society.
Section 4. FUNCTIONS – In line with its mission, the Bureau endeavors to perform the
following functions:
a. Formulate policies and guidelines in the administration of all district, city, and
municipal jails nationwide;
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Section 5. CORE VALUES – The personnel are guided by the following core values:
a. Professionalism – act of doing a job well and in a skilled manner, utilizing good
judgment in a polite behavior and respect for human rights as the paramount
manifestation to every individual.
d. Commitment - strong sense of dedication to the ideals of the organization and to the
public that it serves.
Section 6 OBJECTIVES – The broad objectives of the Bureau are the following:
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RULE II
ORGANIZATION AND KEY POSITIONS
The BJMP’s organizational structure and key positions, as provided under RA 6975 and other Orders
and Circulars, were modified by RA 9263. The Bureau’s division into Directorates and Units, however,
was determined by its management and were based on the various aspects of its mandated powers and
functions. The IRR for RA 9263 further upgraded the qualifications for designation to the BJMP’s key
positions. These qualifications are consistent with, and complementary to, the Minimum Qualification
Standards established by the Civil Service Commission for these positions.
Section 1. KEY POSITIONS – The BJMP is headed by a Chief who is assisted by two
(2) Deputy Chiefs, one (1) for Administration and another for Operations, and one (1) Chief of
Directorial Staff, all of whom are appointed by the President upon the recommendation of the
DILG Secretary from among the qualified officers with the rank of at least Senior Superintendent
in the BJMP. The Chief of the BJMP carries the rank of Director and serves a tour of duty that
must not exceed four (4) years, unless extended by the President in times of war and other national
emergencies. Officers who have retired or are within six (6) months from their compulsory
retirement age are not qualified to be appointed as Jail Director or designated as BJMP Chief.
The second officer in command of the BJMP is the Deputy Chief for Administration, the
third officer in command is the Deputy Chief for Operations, and the fourth officer in command
is The Chief of the Directorial Staff, all of whom carry the rank of Chief Superintendent. They
are assisted by the Directors of the Directorates in the National Headquarters who carry the rank
of at least Senior Superintendent.
Jail Director 28
Jail Chief Superintendent 27
Jail Senior Superintendent 26
Jail Superintendent 25
Jail Chief Inspector 24
Jail Senior Inspector 23
Jail Inspector 22
Senior Jail Officer IV 19
Senior Jail Officer III 18
Senior Jail Officer II 17
Senior Jail Officer I 16
Jail Officer III 14
Jail Officer II 12
Jail Officer I 10
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Section 3. NATIONAL HEADQUARTERS – The National Headquarters is the
Command and Staff Office of the BJMP, and is composed of the Command Group, Directorates,
and Management Support Staff, namely:
Command Group
1) Chief
2) Deputy Chief for Administration
3) Deputy Chief for Operations
4) The Chief of Directorial Staff
Directorates
Section 4. REGIONAL OFFICE – The BJMP operates and maintains Regional Offices
in each of the administrative regions of the country, headed by a Regional Director for Jail
Management and Penology, with the rank of at least Senior Superintendent. The Regional Director
is assisted by an Assistant Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff, who are all officers with the rank of at least
Superintendent.
Section 5. JAIL PROVINCIAL ADMINISTRATOR’S OFFICE – In every province,
the BJMP operates and maintains a Provincial Jail Administrator’s Office headed by a Provincial
Administrator, to oversee the implementation of jail services of all district, city and municipal jails
within its territorial jurisdiction.
Section 6. DISTRICT JAIL – Within large cities or a group of clustered municipalities,
a District Jail headed by a District Warden may be established.
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Section 7. CITY AND MUNICIPAL JAILS – The BJMP operates and maintains City
and Municipal Jails, each headed by a City or Municipal Warden, as the case may be.
a. Chief, BJMP
1) Should have the rank of at least Jail Senior Superintendent;
2) Should be a Member of the Philippine Bar or a holder of a Master’s Degree in
Management, Public Administration, Public Safety, Criminology, Penology,
Sociology, National Security Administration, Defense Studies or other related
disciplines from a recognized institution of learning;
3) Should have satisfactorily completed the mandatory training or career courses for
such positions, including the Public Safety Officer’s Senior Executive Course; and,
b. Deputy Chief for Administration, Deputy Chief for Operations, and The Chief
of Directorial Staff, BJMP
1) Should have the rank of at least Senior Superintendent;
2) Should be a Member of the Philippine Bar or a holder of a Master’s Degree in
Management, Public Administration, Public Safety, Criminology, Penology,
Sociology, National Security Administration, Defense Studies or other related
disciplines from a recognized institution of learning;
3) Should have satisfactorily completed the mandatory training or career courses for
such positions, including the Public Safety Officer’s Senior Executive Course; and
4) Should possess the required 3rd Level Eligibility.
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d. Jail Regional Director
1) Should have the rank of at least Jail Senior Superintendent;
2) Should be a graduate of Bachelor of Laws or a holder of a Master’s Degree in
Management, Public Administration, Public Safety, Criminology, Penology,
Sociology, National Security Administration, Defense Studies or other related
disciplines from a recognized institution of learning;
3) Should have satisfactorily completed the mandatory training or career courses for
such positions, including the Public Safety Officer’s Senior Executive Course; and,
4) Should possess the required 3rd Level Eligibility.
f. Assistant Regional Director for Administration and for Operations and The Jail
Regional Chief of Staff
1) Should have the rank of at least Jail Superintendent;
2) Should be a graduate of Bachelor of Laws or a holder of a Master’s Degree in
Management, Public Administration, Public Safety, Criminology, Penology,
Sociology, National Security Administration, Defense Studies or other related
disciplines from a recognized institution of learning;
3) Should have satisfactorily completed the mandatory training or career courses for
such positions, including the Public Safety Officer’s Senior Executive Course; and,
4) Should have been previously assigned in a supervisory position in the jail service.
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Sociology, National Security Administration, Defense Studies or other related
disciplines from a recognized institution of learning;
3) Should have satisfactorily completed the mandatory training or career courses for
such positions, including the Public Safety Officer’s Advanced Course; and,
4) Should have been previously assigned in a supervisory position in the jail service.
It is understood that the qualifications enumerated in the foregoing paragraphs are over
and above the “General Qualifications for Appointment” for uniformed personnel of the BJMP,
as provided in Section 30 of the IRR for RA 9263.
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RULE III
DUTIES AND RESPONSIBILITIES OF KEY OFFICERS AND
PERSONNEL
The Bureau, under the provisions of RA 6975 and other CSC rules and guidelines, ensures that all its
personnel are given appropriate tasks commensurate to their designations, ranks and trainings. These help the
Bureau establish an organized, efficient and effective manning scheme.
Chief, BJMP
b. Exercises command, supervision and control over all personnel of the Jail
Bureau;
d. Recommends to the Secretary rules and regulations and other guidelines which
require the Department’s approval;
f. Appoints new applicants and promotes non-officers rank within the National
Headquarters and Officers Rank from Jail Inspector to Superintendent
nationwide; and,
a. Advises and assists the Chief, BJMP in the formulation and implementation of
the plans, programs and policies pertaining to the personnel, logistics and
comptrollership;
c. Assumes the duties of the Chief, BJMP during the latter’s absence; and,
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Deputy Chief for Operations
a. Advises and assists the Chief, BJMP in the formulation and implementation of
the plans, programs and policies pertaining to jail operations;
c. Assumes the duties of the Chief, BJMP in the absence of the former and
Deputy Chief BJMP for Administration; and,
b. Directs, supervises and ensures coordination of the work of the staff, except
in those specific areas reserved for the Chief, BJMP, thereby freeing the latter
from routine details;
c. Reviews and approves authorized staff actions to ensure that they are adequate,
coordinated and designated to produce the Bureau’s intended results;
d. Ensures that the subordinate divisions or officers are kept informed of actions
affecting their units;
e. Ensures that the decisions and concepts of Chief, BJMP are implemented
by directing the staff and assigning them specific responsibilities, when
necessary, to prepare and issue plans, orders, reports, and other actions;
g. Maintains a master policy file and monitors the implementation of all SOPs;
i. Requires all coordinating and special staff officers to inform him of any
recommendation to, or instructions directly from the Chief, BJMP unless
otherwise instructed by the Chief, BJMP; and,
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Section 2. DUTIES AND RESPONSIBILITIES OF THE DIRECTORATES
a. Advises and assists the Chief, BJMP on matters relating to the formulation
and execution of correctional programs, particularly in the aspect of
organization, training, operation and planning;
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b. Formulates and implements policies, guidelines and programs relating to
security, custody, discipline and control of inmates;
e. Coordinates with private and government agencies and solicits their assistance
and support for inmates’ welfare and development programs in all jails
nationwide;
e. Prepares and/or assists in the preparation of cost analysis and estimates for
use in planning, programming, budgeting and decision-making process;
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f. Monitors administrative control, accounting, and reports on fund receipts and
disbursements;
a. Assists the Chief, BJMP in formulating doable programs, projects and activities
that would enhance humane treatment and development of inmates;
e. Conducts capability building seminars and trainings for BJMP personnel and
service providers on related IWD programs;
a. Assists the Chief, BJMP in the formulation and development of plans and
programs to achieve the BJMP’s mission and objectives;
b. Conducts research studies and gathers data for planning and programming
purposes;
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h. Plans and implements counter-radicalization and de-radicalization programs
for the Bureau; and,
a. Advises the Chief, BJMP on legal matters and renders legal opinion on matters
related to the administration and operations of the BJMP;
b. Conducts hearings pursuant to Civil Service rules and regulations and this
Manual;
d. Prepares position paper and represent the Bureau as directed by the Chief,
BJMP in public and legislative hearings, official meetings, conferences and
other official gatherings;
f. Prepares Pleadings and make legal representation for and in behalf of the Jail
Bureau;
b. Provides quality health care among personnel and their qualified dependents,
and inmates of various district, city and municipal jails nationwide, under the
supervision and control of the BJMP;
d. Assists in the health care delivery of the government for national development;
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e. Provides medical, neuro-psychiatric and dental evaluation of BJMP personnel
and applicants; and,
a. Conducts religious services for both the BJMP personnel and inmates;
f. Takes charge of payroll and CFC printing of all personnel including retirees
and survivors;
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h. Performs such other functions as the Chief, BJMP may direct.
a. Advises and assists the Chief, BJMP on community relations programs and
activities of the Jail Bureau;
b. Works for the attainment of positive image for the Jail Bureau through
print/electronic media;
e. Serves as the media agency of the BJMP and performs media-related roles;
h. Takes charge of the Athletics, Band and Combo, and other special service
functions of the BJMP;
Accounting Office
a. Maintains the Book of Accounts and other basic accounting records of the
Bureau’s funds and properly showing receipts, disbursements and status of
Bureau’s appropriations, allotments and obligations;
d. Implements plans and policies on accounting of the Bureau’s funds. The Chief
Accountant certifies if funds are available.
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f. Evaluates reports re-BJMP properties BJMPWide; and,
a. Assists and advises the Chief, BJMP in the exercise of functions pertaining to
the morale, welfare, discipline and professionalism of Jail Non-Commissioned
Officers rank;
c. Undertakes sustained liaisoning with the Sergeant Majors of the AFP & PNP
to ensure maximum maintenance of inter-service rapport and speedy delivery
of welfare-oriented activities.
d. Maintains close contact with various levels of command through periodic jail
information and education drives, field visits and dialogues, to gather the
problems and concerns and to assess their state of morale, discipline and
professionalism;
a. Responsible for overall operational policy and coordination for incident taking,
handling, deployment, GIS and dispatch in aide of decision making function
of the Chief, BJMP;
b. Provide information for community and media relations, agency liaising; and,
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c. Risk management procedures, monitoring, control and communications
among its stakeholders.
a. Supervises, monitors and controls district, city and municipal jails within his
area of responsibility;
b. Appoints new applicants for Jail Officer 1 and promotes non-officers within
the region’s area of responsibility;
d. Assumes the duties of the Regional Director during the latter’s absence; and
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c. Acts as Chairperson of the Regional Food Service Council;
d. Assumes the duties of the Regional Director in the absence of the former and
the Assistant Regional Director for Administration; and
a. Exercises direct supervision over the operation of the divisions and sections in
the Regional Office;
b. Directs, supervises and ensures coordination of the work of the staff, except
in those specific areas reserved for the Regional Director;
c. Reviews and approves authorized staff actions to ensure that they are adequate,
coordinated and designated to produce the region’s intended results;
d. Ensures that the decisions and concepts of the Regional Director are
implemented by directing the staff and assigning them specific responsibilities,
when necessary, to prepare and issue plans, orders, reports, and other actions;
a. Supervises BJMP jails within the province and sees to it that all directives,
policies, rules and guidelines are strictly followed; and
Jail Warden
a. Supervises and exercises control over all personnel and inmates in the jail;
b. Implements legal orders, rules, regulations and directives on jail operation and
administration;
e. Ensures the security and control of jail facility and provides inmates welfare
and development programs;
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f. Promotes the welfare and morale of personnel and inmates;
Assistant Warden
d. Exercises direct supervision over all Jail Supervisors and subordinates and
prepares routine inspection of the jail;
g. Assumes the duties and responsibilities of the Warden during the latter’s
absence; and,
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RULE IV
UNIFORMS, INSIGNIA AND OTHER PARAPHERNALIA
Uniforms are prescribed in an organization to give its personnel a sense of identity. This Rule prescribes the
standard uniforms, insignia and other accoutrements for BJMP personnel.
Section 1. Standard Uniforms, Insignia and Other Paraphernalia. The Chief, BJMP
prescribes standard uniforms, insignia and other paraphernalia to be worn during official functions,
occasions and other activities.
Section 2. Types of Uniforms. The types of uniforms of BJMP officers and non-officers
are, as follows:
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PARAPHERNALIA DESCRIPTION/PLACEMENT
SHOULDER BOARD
for CSUPT & DIRECTOR silver; with rank insignia
for INSP to SSUPT gray; with silver lining and rank insignia
BJMP BADGE pinned on the upper left chest
NAMEPLATE inscribed in silver borders & letters using Times New Roman
font with black background and pinned on the flap of the
right chest pocket
AWARDS & DECORATIONS pinned above the flap of the right chest pocket
HIGHEST TRAINING PIN pinned on the middle of the right chest pocket
HIGHEST TRAINING INSTITUTION PIN pinned on the middle of the left chest pocket
UPPER SUIT (pantone 5405 CVC color, with silver sleeve lining)
one (1) lining for INSP & SINSP
two (2) linings for CINSP, SUPT & SSUPT
three (3) linings for CSUPT & DIRECTOR
LONG PANTS (pantone 5405 CVC color)
n/a
SKIRT (white, length an inch above the knee)
n/a
POLO SHIRT (white, long sleeved)
UNDERSHIRT (white, V-neck)
PERSHING CAP (with BJMP cap device & silver non-tarnished strap)
visor, plain for INSP & SINSP
visor with silver laurel leaves for CINSP, SUPT & SSUPT
visor with silver laurel leaves & flowers for CSUPT & DIRECTOR
NECKTIE (black with BJMP pin)
SHOES (black, low-cut with 5 holes shoelace, wet look)
n/a
SHOES (black, 2 inch-heel with 5 holes shoelace, wet look)
n/a
SOCKS (black, plain)
n/a
STOCKINGS (skin-tone)
n/a
GARRISON BELT (black, nylon material, buckle with BJMP logo)
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PARAPHERNALIA DESCRIPTION/PLACEMENT
SHOULDER BOARD
for CSUPT & DIRECTOR silver; with rank insignia
for INSP to SSUPT gray; with silver lining and rank insignia
BJMP BADGE pinned on the upper left chest
NAMEPLATE inscribed in silver borders & letters using Times New Roman
font with black background and pinned on the flap of the
right chest pocket
AWARDS & DECORATIONS pinned above the flap of the right chest pocket
HIGHEST TRAINING PIN pinned on the middle of the right chest pocket
HIGHEST TRAINING INSTITUTION PIN pinned on the middle of the left chest pocket
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NAMEPLATE inscribed in silver borders & letters using Times New Roman font
with black background and pinned on the flap of the right chest
pocket
AWARDS & DECORATIONS pinned above the flap of the right chest pocket
HIGHEST TRAINING PIN pinned on the middle of the right chest pocket
HIGHEST TRAINING INSTITUTION pinned on the middle of the left chest pocket
PIN
It is worn by Officers and NOR alike when reporting for duty, transacting official business
with NHQ, Regional Offices (RO) and other institutions.
UNIFORM ITEMS (FOR OFFICERS) MALE FEMALE
POLO SHIRT (medium gray color, short sleeve, with shoulder straps, with two
chest pockets with flaps & vertical seam at the center)
LONG PANTS (pantone 5405 CVC color)
n/a
SKIRT (pantone 5405 CVC color)
n/a
T-SHIRT (white, V-neck)
PERSHING CAP (with BJMP cap device & silver non-tarnished strap)
visor, plain for INSP & SINSP
visor with silver laurel leaves for CINSP, SUPT & SSUPT
visor with silver laurel leaves & flowers for CSUPT & DIRECTOR
OVERSEA CAP (pantone 5405 CVC color, nylon mesh, with silver piping &
BJMP cap device at the left side)
NECKTIE (pantone 5405 charcoal gray with BJMP pin)
SHOES (black, low-cut with 5 holes shoelace, wet look)
n/a
SHOES (black, 2 inch-heel with 5 holes shoelace, wet look)
n/a
SOCKS (black, plain)
n/a
STOCKINGS (skin-tone)
n/a
GARRISON BELT (black, nylon material, buckle with BJMP logo)
DUTY BELT WITH HOLSTER, MAGAZINE POUCH, FLASHLIGHT
HOLDER & HANDCUFF CASE
PARAPHERNALIA DESCRIPTION/PLACEMENT
RANK SHOULDER LOOP placed on shoulder straps; embroidered with “BJMP” using Times New
Roman font inscribed between two silver lines and with corresponding
rank appearing as:
1 anahaw leaf enclosed in a diamond box for INSP
2 anahaw leaves enclosed in a diamond box for SINSP
1 sampaguita flower for CINSP
2 sampaguita flowers for SUPT
3 sampaguita flowers for SSUPT
1 star for CSUPT
2 stars for DIRECTOR
NAMEPLATE inscribed in silver borders & letters using Times New Roman font with
black background and pinned on the flap of the right chest pocket
BJMP PATCH sewed on the middle right sleeve one inch from the armhole of the upper
garment
UNIT PATCH sewed on the middle left sleeve one inch from the armhole of the upper
garment
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WHISTLE WITH SILVER CHAIN placed at the left shoulder
POLO SHIRT (medium gray color, short sleeve, with shoulder straps, with two
chest pockets with flaps & vertical seam at the center)
LONG PANTS (pantone 5405 CVC color) n/a
SKIRT (pantone 5405 CVC color) n/a
T-SHIRT (white, V-neck)
PERSHING CAP (with BJMP cap device at the centerfront)
OVERSEA CAP ( pantone 5405 CVC color, nylon mesh, with light gray piping
& BJMP cap device at the left front side)
NECKTIE (pantone 5405 CVC color with BJMP pin)
SHOES (black, low-cut with 5 holes shoelace, wet look) n/a
SHOES (black, 2 inch-heel with 5 holes shoelace, wet look) n/a
SOCKS (black, plain) n/a
STOCKINGS (skin-tone) n/a
GARRISON BELT (black, nylon material, buckle with BJMP logo)
DUTY BELT WITH HOLSTER, MAGAZINE POUCH, FLASHLIGHT
HOLDER & HANDCUFF CASE
PARAPHERNALIA DESCRIPTION/PLACEMENT
RANK CHEVRON sewed just below the BJMP & unit patches in both sleeves
HIGHEST TRAINING PIN pinned in the middle of the right chest pocket
HIGHEST TRAINING INSTITUTION PIN pinned in the middle of the left chest pocket
sewed on the middle right sleeve one inch from the armhole
BJMP PATCH
of the upper garment
sewed on the middle left sleeve one inch from the armhole
UNIT PATCH
of the upper garment
WHISTLE WITH SILVER CHAIN placed at the left shoulder
TYPE “ E ” – DELTA
It is worn during Red Alert situations, calamities and when performing escort and custodial
duties. It shall have the same design and paraphernalia for both male and female.
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UNIFORM ITEMS DESCRIPTION
SUIT
UPPER pantone 5405 CVC color, rip-stop material, long sleeve, with four
square pockets & slanted pocket flaps
pantone 5405 CVC color, rip-stop material, with two pockets each
LOWER on the front and back and one on each side positioned above the
knee
HEAD BOOT TRAINING (HBT) CAP pantone 5405 CVC color, with embroidered BJMP logo at the front
BERET CAP pantone 5405 CVC color, (velvet) embroidered with BJMP logo and
shall be used by members of the Special Tactics and Response
(STAR) Team
COMBAT BOOTS black
TYPE “ F ” – ATHLETIC
T-SHIRT (white, with collar, with one pocket on the left chest
printed with BJMP logo) n/a
T-SHIRT (white, V-neck, printed with BJMP logo at the front
center) n/a
SHORT PANTS (white, with side & back pockets)
GARRISON BELT (black, nylon material, silver buckle with BJMP logo)
RUBBER SHOES (white or dominant white color)
SOCKS (white or dominant white color, sports)
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Chapter 2
Personnel Mechanisms and Other Actions
RULE I
CAREER PROGRESSION & DEVELOPMENT PROGRAM
RA 9263 which professionalize BJMP, together with a well executed Career Prograssion and
Development Program (CPDP) ensures to develop a balanced and well-rounded in-service career. The
bureau’s CPDP is regularly evaluated and necessarily upgraded to meet the expanding demands of its
personnel for career enhancement.
Section 1. REFERENCES – Republic Act 9263 and its Implementing Rules and
Regulations and the BJMP Personnel Career Development Program (CPDP) pursuant to SOP Nr.
05, dated 02 April 1993.
Section 2. PURPOSE – This CPDP defines the duty areas and assignments which BJMP
personnel should go through in ensuring a progressive career path. It also prescribes the
procedures in the conduct of career and other enhancement courses in order to promote
professional competence and develop leadership qualities and skills responsive to the dynamic
roles of Public Safety Officers.
Section 3. SCOPE – This CPDP covers a period of thirty five (35) years maximum career
service expectancy for uniformed personnel in the Jail Bureau.
c. Guide the BJMP leadership in arriving at sound decisions in the deployment of their
subordinate officers to prescribed duty areas.
d. Develop effective jail officers in the overall administration and operation of the
Corrections Pillar of the Criminal Justice System.
c. Career progression shall cover five (5) phases corresponding to typical duty
assignments expected in each phase and involves progression of education and training
opportunities. Each phase of career development has certain broad goals in accordance
with the generalist concept. These phases are considered flexible as the actual course
of an officer’s career development and utilization will be influenced by organizational
requirements and the officer’s own capabilities and performance. These phases and
their specific goals are:
1) Career Entry Phase. The goals of this phase include the initial development
of non-officers in primary specialty areas, provision of basic knowledge on the
profession and maximum exposure to jail work experiences.
4) Junior Executive Management Phase. This phase aims for the continuous
development of Superintendents in primary and alternative specialty areas by
providing them maximum exposure to staff level management experience and
diverse opportunities for advancement in positions of higher responsibility.
5) Senior Executive Management Phase. This phase covers those with the
ranks of Senior Superintendent and above. It aims for the maximum utilization
of their capabilities and the development of their managerial and leadership
qualities and skills in positions of major responsibility either in primary areas
or in any of the alternative specialty areas. Their utilization will primarily
depend on organizational needs and/or their respective areas of expertise.
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1) A minimum of one (1) year work experience in a duty assignment;
2) At least two (2) years in each of the geographical areas in Luzon, Visayas,
Mindanao and the BJMP National Headquarters, for the ranks of
Superintendent and above;
4) All personnel may choose their own occupational skills in different fields such
as intelligence, finance, information technology, medical/ dental support and
other allied specialization in which they can contribute to effective and efficient
service.
c. Educational Profile
2) All personnel shall have obtained a Master’s degree related to the job before
reaching the rank of Superintendent.
1) Jail Basic Recruit Course (JBRC) is the mandatory entry training for Jail Officer
I and is required for promotion up to the rank of Jail Officer III.
2) Jail Junior Supervisory Course (JJSC) or its equivalent is required for the ranks
of Senior Jail Officer I and Senior Jail Officer II.
3) Jail Senior Supervisory Course (JSSC) or its equivalent is required for the ranks
of Senior Jail Officer III and Senior Jail Officer IV.
5) Jail Officers Basic Course (JOBC) or its equivalent is required for promotion
to the rank of Senior Inspector.
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respective technical/specialty areas, such as but not limited to: intelligence,
investigation, finance, comptrollership, logistics, management, rehabilitation,
and therapeutic community modality.
10) All personnel must undergo at least one (1) enhancement seminar in a year.
e. Tenure
1) Officer and Non-Officer Ranks may serve a particular jail for a maximum of
two (2) years after which, they should be rotated to other units within the
region. However, they may be transferred any time in the exigency of service.
3) Exceptions:
3.1 Those who are assigned on training/schooling duties which require less
than two (2) years completion.
3.2 Those who are due for training/schooling. In any case their immediate
superiors shall ensure that the affected personnel shall have served at
least one (1) year of duty in their current assignment.
f. For more effective career orientation, newly appointed jail officers will be
assigned/detailed to jails after completion of their basic training except those in the
technical service.
g. Officers newly appointed in technical services who had already undergone orientation
training along their respective areas of interest will be assigned to their respective
technical service units.
h. Assignment of Officers to duty areas shall be for a minimum of one (1) year and a
maximum of two (2) years unless required in the exigency of service.
i. Replacements must be qualified to take over the positions or duty assignments of the
personnel to be relieved.
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j. Personnel who are not physically and psychologically fit, with pending cases, enjoying
accumulated terminal leave prior to separation/retirement from active service, and
whose take-home pay is below the amount prescribed by the General Appropriations
Act, will not be considered for reassignment to jails.
Section 7. TASKING
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RULE II
MERIT SELECTION & PROMOTION PLAN
Pursuant to the provisions of Republic Act No. 9263 and its Implementing Rules and Regulations,
Section 32, Book V of Administrative Code of 1987 (Executive Order No. 292), CSC Memorandum
Circular No. 3, s. 1979 as amended by CSC Memorandum Circular No. 18, s. 1988 and CSC
Memorandum Circular No. 38, s. 1989, as further amended by CSC Memorandum Circular No. 40, s.
1998, CSC Memorandum Circular No. 15, s. 1999, CSC Memorandum Circular No. 8, s. 1999, and
CSC Memorandum Circular No. 03, s. 2001 this Merit Selection and Promotion Plan (MSPP) is hereby
established for the guidance of all concerned.
Section 1. PURPOSE – This Circular prescribes the policies and guidelines governing
the selection and promotion of uniformed and non-uniformed personnel in the Jail Bureau.
a. Establish a system that is characterized by strict observance of the merit, fitness and
equality principles in the selection of employees for appointment to positions in the
career and non-career service in all levels.
b. Create equal opportunities to all qualified men and women to enter the Jail Bureau and
for career advancement in the agency.
Section 3. BASIC POLICIES – The following principles shall apply to this MSPP:
a. Selection of employees for appointment in the Jail Bureau shall be open to all qualified
individuals according to the principles of merit and fitness. There shall be equal
employment opportunity for men and women at all levels of position in the agency,
provided they meet the minimum requirements of the position to be filled.
b. The MSPP shall cover both uniformed and itemized positions in the first, second and
third levels in the Bureau. It also includes non-career positions and original
appointments and other related personnel actions. There shall be no discrimination in
the selection of employees on account of gender, civil status, disability, religion,
ethnicity, or political affiliation.
c. When a position in the first, second or third level becomes vacant, applicants for
employment who are competent and qualified and who possess appropriate education,
training, work experience and civil service eligibility shall be considered for permanent
appointment.
d. The appointing authority may appoint an applicant who is not next-in-rank but
possesses superior qualification and competence and has undergone the selection
process.
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last rating period to the effectivity date of the appointment is at least very
satisfactory.
h. Promotion within six (6) months prior to compulsory retirement shall not be allowed
except as otherwise provided by law.
Section 4. SCOPE – This MSPP shall cover both uniformed and itemized positions in
the first, second and third levels in the Bureau to include non-career positions.
a. The Directorate for Human Resource and Records Management (DHRRM) shall
publish the vacant position in the CSC Bulletin of Vacant Position or through
other mode of publication and post the same in three (3) conspicuous places in the
BJMP for at least ten (10) working days. All qualified personnel shall be
encouraged to apply. The DHRRM/HHRM Division may also issue a
Memorandum to all units to ensure that all qualified personnel can apply for vacant
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position/s. Vacant positions which are not filled within six (6) months shall be re-
published.
b. Guided by the qualification standards, the Chiefs of all units shall submit to the
DHRRM/HRRM Division the personnel from their Office who are deemed
qualified for promotion. The DHRRM/HRRM Division, on the basis of the SRP,
shall identify other personnel within the Bureau who are deemed qualified for
promotion and list candidates aspiring for the vacant position.
d. The Personnel Selection and Promotion Board (PSPB) shall then evaluate and
deliberate en banc the qualifications of those listed in the selection line-up
submitted by DHRRM/HRRM Division and make a systematic assessment of the
competence and qualifications of candidates vis-à-vis the minimum requirements
corresponding to the level of vacant positions.
e. The Board shall submit the list of screened candidates from which the
corresponding authority shall choose the applicant to be appointed. The list of
screened candidates should specify the top ranking candidates whose overall point
scores are comparatively at par based on the comparative assessment and
qualifications of all candidates. The PSPB shall no longer screen the appointments
to personal and primarily confidential positions and the renewal of temporary
appointment issued to the incumbent personnel.
f. The Chief, BJMP/Regional Director shall assess the merits of the PSPB’s list of
screened candidates and in the exercise of sound discretion, select, in so far as
practicable, from among the top ranking applicants deemed most qualified for
appointment to the vacant position.
The top ranking candidates, however, should be limited to those whose overall
point scores are comparatively equal based on the comparative assessment and
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qualification of candidates. To do this, the PSPB shall set reasonable proximity
between point scores of candidates for appointment.
Section 6. GRIEVANCE.
b. A Regional Personnel Selection and Promotion Board (RPSPB) for the first
and second level positions shall be established in the Regional Offices with the
following composition:
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c. All candidates for appointment and promotion to first and second level positions
shall be screened by the PSPB. Candidates for appointment to third level positions
shall be initially screened by the Bureau’s PSPB and endorsed to the Board for
third level positions constituted in the DILG.
d. For vacancies in the first and second levels, all qualified next-in-rank employees
shall be automatically considered candidates for promotion to the next higher
position.
a. The DHRRM and HRRM Division have the following functions and
responsibilities:
1) Act as the secretariat for the PSPB of first, second, and third levels.
4) Identify vacant positions that may be enrolled in the Brightest for the
Bureaucracy Program (BBP).
5) Develop a Plan which shall set forth the number, knowledge and skills of
personnel needed to achieve the organization’s goals, objectives and
programs.
9) Prepare list of candidates aspiring for the vacant position either from
within or outside the agency, including qualified next-in-rank employees
within fifteen (15) days from completion of the preliminary evaluation.
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10) Conduct preliminary evaluation of the qualification of all candidates.
Those initially found qualified shall undergo further assessment such as:
written examination, skills test, interview and others. After which,
selection line-up shall be prepared and posted in three (3) conspicuous
places in the agency for at least fifteen (15) calendar days. The date of
posting shall be indicated in the notice.
b. The employee shall be responsible for updating their Personal Data Sheet annually,
if deemed necessary and submit supporting documents thereto to the DHRRM.
c. The PSPB for first and second level positions shall have the following functions
and responsibilities:
5) Submit the list of screened candidates from which the appointing authority
shall choose the applicant to be appointed. The list of screened candidates
should specify the top ranking candidates whose over-all point scores are
comparatively at par based on the comparative assessment under
Procedure 3 hereof.
6) Maintain records of the deliberations which must be made accessible to
interested parties upon written request and for inspection and audit by the
CSC.
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d. The RPSPB for the first and second level positions shall have the following
functions and responsibilities:
5) Submit the (1) list of screened candidates from which the Personnel
Selection and Promotion Board for second level positions of the Jail
Bureau shall re-evaluate and choose the applicant to be presented to the
appointing authority and (2) list of screened candidates for first level
positions from which the appointing authority (Regional Director) shall
choose the applicant to be appointed. The list of screened candidates
should specify the top ranking candidates whose over-all point scores are
comparatively at par based on the comparative assessment under
Procedure 3 hereof.
e. The appointing authority shall have the following functions and responsibilities:
1) Establish a PSPB and see to it that all members thereof undergo orientation
and workshop on the selection/promotion process and CSC policies on
appointments. The Chief, BJMP/Regional Director shall, as far as
practicable, ensure equal opportunity for men and women to be
represented in the PSPB for all levels.
2) Assess the merits of the PSPB’s list of screened candidates and in the
exercise of sound discretion, select, in so far as practicable, from among
the following:
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2.1) top ranking applicants deemed most qualified to the vacant
position;
2.2) applicants who have undergone deep selection and found to
possess superior qualifications; and
2.3) pool of the Brightest for the Bureaucracy Program (BBP).
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RULE III
STRATEGIC PERFORMANCE MANAGEMENT SYSTEM (SPMS)
The SPMS is a Performance Evaluation and Appraisal System designed by the CSC, provided for in
CSC Memorandum Circular No. 6, s. 2011. It aims to link individual performance with the Agencies
Vision, Mission and Strategic Goals, thereby showing how an employee contributed to or hindered
organizational effectiveness. The results of the Performance evaluation/ assessment shall serve as basis
for performance based incentives such as the Productivity Incentive Bonus (PIB) and PBB; Selection for
Awards; Promotion; Placement to Significant Positions or posts; Development Interventions; and Other
Personnel Actions.
Section 1. REFERENCES
Section 2. OBJECTIVES
b. Concretize the linkage between the development plans of the Bureau and the
performance level of its different offices as well as its personnel; and
c. Link the Bureau’s performance management system with the other human
resource systems such as incentives and awards, personnel movements, training
and development, administrative discipline and other personnel actions.
A. The Chief, BJMP as the SPMS Champion of the Bureau shall be responsible for the
following:
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Director for Comptrollership - Member
Director for Program Development - Member
C. Regional Performance Management Team (RPMT) shall also be created in each of the
administrative regions of the Bureau, which shall exercise the functions of the NPMT
in their respective areas of jurisdiction. The composition of the RPMT is, as follows:
1) Set consultation meeting with the head of key offices for the purpose of
discussing the targets set in the Office/Unit Performance Commitment and
Review form.
2) Ensure that the performance measures and the budget of key offices in the
NHQ and those of the regional offices are aligned with that of the Bureau.
3) Monitor compliance by the key offices and its subdivisions of all the
requirements relative to the SPMS.
4) Serve as appellate body and final arbiter for performance management issues.
5) Recommend approval of the OPCRs to the SPMS Champion.
6) Recommend top performing offices for performance-based incentives and
awards.
F. The Director for Program Development/ Chief, Program Development Division shall
be responsible for the following:
1) Monitor the submission of OPCRs by the head of key offices and make an
initial assessment report to the PMT prior to the conduct of the Bureau-wide
Annual Strategic Performance Planning Exercise (ASPPE).
2) Consolidate, review, validate and evaluate the initial performance assessment
of the Heads of Offices/Units based on reported unit accomplishment against
the success indicators and the allotted budget and the actual expenses.
3) Schedules the ASPPE for the purpose of discussing the Office assessment for
the preceding performance period and plans for the succeeding rating period.
H. The National/ Regional PMT Secretariat shall primarily be liable for the following tasks:
1) Collate all relevant information or data that may be required by the PMT and
recommend internal rules, procedures and strategies for purposes of
accomplishing the objectives of the SPMS.
2) Facilitate the conduct of meetings and deliberations of the PMT in accordance
with the SPMS calendar or upon the call of its Chairperson.
3) Document the proceedings of the PMT and prepare the minutes of its
meetings, resolutions and other action documents.
4) Conduct validation survey or inspection of performance ratings upon the
direction of the PMT.
5) Maintain a copy of OPCRs.
6) Provide each office with the final Office Assessment.
7) Perform such other functions that may be assigned to it by the PMT.
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1) Assume joint responsibility with the Head of Key Office/Unit in ensuring
attainment of performance objectives and targets.
2) Rationalize distribution of targets/tasks.
3) Monitor the status of the performance of their subordinates and provide
support and assistance through the conduct of coaching for the attainment of
targets set by the office/unit and individual employee.
4) Assess individual employee’s performance.
5) Recommend developmental intervention.
Section 5. PROCEDURES
A. PERFORMANCE PLANNING
2. During the ASPPE, the head of the key offices shall present their draft Office
Performance Commitments to the PMT to ensure that the performance
measures and the budget of the directorates and support offices at the NHQ
and those of the regional offices are aligned with that of the Bureau. The
prescribed format of OPCRs for Regional Directors, Director of Directorates
and Chief of NHQ Support Offices is hereto attached as Annex A-1, while the
format of OPCRs for Division/Section Chiefs in the Regional Offices, JPAs
and Wardens is hereto attached as Annex A-2.
3. Upon submission of the OPCR form within the period set under the SPMS
calendar, the PMT shall review the same to ensure that the major final outputs
(MFOs), the performance targets and measures as well as the proposed budget
and distribution of work within the offices are based on acceptable standards.
5. The IPCR and UPCR forms must be discussed by the heads of Key Offices and
Units to their subordinates prior to approval. Approved PCR forms shall serve
as the contract between the office and the personnel and it shall be the basis of
ratings at the end of the semester.
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CATEGORY DEFINITION
The extent to which actual performance compares with targeted
performance. It is also the degree to which objectives are achieved
Effectiveness/ and the extent issues are addressed with a certain degree of excellence.
Quality Those involve acceptability, meeting standards, client satisfaction with services
rendered, accuracy, completeness/comprehensiveness, creativity or innovation and
personal initiative.
The extent to which time or resources are used for the intended task
or purpose. Measures whether targets are accomplished with a
Efficiency/ minimum amount or quantity of waste, expense or unnecessary effort.
Quantity Involves standard response time, number of requests/applications processed and
the optimum use of resources. Efficient performance applies to continuing
or frontline services.
Measures whether the deliverable or achievement was done on time
based on the requirements of the law and/ or clients/ stakeholders.
Timeliness Time-related performance indicators include project completion deadlines, time
management skills and other time-sensitive expectations.
7. Targets setting shall take into account at least one of the following:
a. Historical data. The data, particularly those that are quantitative shall be
taken from the average of the past years.
d. Future trend. As part of the office strategic planning, targets may be based
on the results of the comparative analysis of the actual performance of the
office with its potential performance for internal processes.
8. In setting work targets in the OPCR form, the head of the key office concerned
shall compute the budget per program, project or activity and shall also identify
the specific divisions or units primarily accountable for producing a particular
target output.
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9. The heads of the various offices and units of the Bureau, in consultation with the
immediate superior of the personnel, shall be responsible for setting the output
targets and performance measures of all the staff under their authority.
Performance measures need not be abounding. Only those that contribute to or
support the outcomes of the Bureau shall be included in the performance contract.
All office heads and immediate superiors as coaches and mentors are expected to
be more developmental in perspective and provide enabling environment to
improve team performance. They are also required to do the following tasks:
1. The performance of the office and every personnel will be regularly monitored at
various levels to immediately address constraints and challenges, if any. The
immediate superiors are required to maintain a supervisor’s journal (Annex D) to
record the results of monitoring and coaching as well as critical incidents noted.
1. Head of Key Offices, Chief of Units and immediate superiors are required to
reflect in their respective supervisor’s journal the monthly rating of individual
personnel within their jurisdiction using the 75.0-100.0 rating scale. However at
the end of semestral rating period, the head of the Key Office shall rate his/her
subordinates using as basis the performance and success indicators in their
approved U/IPCR forms, vis-à-vis their actual accomplishments, and the periodic
ratings obtained in the supervisor’s journal as reference before appending the
equivalent grade using the five-point rating scale. The numerical equivalent and
adjectival description of the aforementioned ratings is attached as Annex F.
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2. Within ten days from the last day of the rating period, the Chiefs of
Division/Section in the Regional Office, JPAs and Wardens must submit the
UPCRs in their office, the IPCR of their subordinates and the Consolidated
Individual Performance Ratings (Annex G) to the Regional PMT Secretariat. The
Regional PMT shall then deliberate on the ratings of the Jail Units, JPA offices and
divisions/sections in the Regional Office under its jurisdiction within ten days and
forward the resulting OPCR to the NPMT Secretariat for consolidation.
3. Similarly, heads of Key Offices in the NHQ shall submit to the NPMT Secretariat
the UPCRs of all unit heads under their jurisdiction, the IPCRs of the personnel
in the office and the Consolidated Individual Performance Ratings within ten days
from the last day of the rating period.
4. The rating of the various offices and units of the Bureau shall be based on the
collective ratings of its personnel. Hence, the average of all individual performance
assessments shall not go higher than the collective performance assessment of the
office/unit.
1. The heads of Key offices/units and immediate superiors shall asses the strengths
and competency-related performance gaps of the individuals under their authority
and shall develop mechanisms and provide opportunities to address these gaps.
Section 6. MISCELLANEOUS
A. Individual employees are expected to act as partners of management and their co-
employees in meeting organizational performance goals.
B. The minimum rating period is three (3) months or 90 calendar days in a semester.
The evaluation of employee performance shall be done on an annual basis but
performance review can be done on a quarterly and/or semestral basis. The purpose
of the performance review is to check on how the employee is faring relative to
his/her performance commitment and to assist and guide him/her in meeting his/her
targets. Developmental interventions may be done anytime within the rating period
to immediately address performance gaps. The final PCR based on annual evaluation
shall be submitted to the PMT on or before the 10th day of February.
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D. For purposes of performance-based personnel actions, employees who are on
scholarship grant, official travel/mission to other countries, or approved sick leave of
absence for more than ninety (90) calendar days shall use their performance rating in
the preceding rating period. This however, shall not apply to those who are on
approved vacation leave of absence or study leave for more than three (3) months.
G. Personnel with more than one designation within the same office/unit and those with
intervening tasks within the bounds of the mandates of the office such as membership
to ad hoc committees/technical working groups, research works, creation of an office manual or
guidebook relating to the activities/work outputs of the office for a considerable length of time
within the rating period shall reflect their additional work outputs in their respective
O/U/IPCR form: provided, that such designation/s must be covered by a written
office order issued by the head of office/unit or any other competent authority:
provided further, that his/her additional designation/s must be of the same level with
his/her primary designation: provided finally, that the total percentage allocation for the
expected work outputs for his primary designation must not go below 50%.
I. Any personnel who does not agree with his/her evaluation performance rating as
reflected in his/her PCR form may file an appeal with the national or regional PMT
as the case may be, within ten (10) days from receipt of the final approved IPCR from
the head of office. Actions on appeal by the regional PMT may be elevated on appeal
to the national PMT from receipt of notice thereof. All appeals filed with the PMT
must be resolved within fifteen (15) days. The decision of the National PMT may be
appealed to the Chief, BJMP. The decision of the Chief, BJMP may be appealed to
the DILG. The decision of the DILG may then be elevated to the CSC.
J. Jail officers and employees who are separated from the service on the basis of
Unsatisfactory or Poor performance rating can appeal their separation to the CSC or
its regional office within 15 days from receipt of the order or notice of separation.
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K. Critical factors such as courtesy, discipline and attendance will not be considered
during the rating period but shall be dealt with administratively or through other
modes of intervention.
Section 7. SANCTIONS
B. Failure on the part of the Head of Office/Unit to comply with the required notices to
their subordinates for their unsatisfactory or poor performance shall be a ground for an
administrative offense for neglect of duty.
Section 8. RESCISSION
i. This directive supersedes BJMP Circular 2005-01 and replaces the existing BJMP
Performance Evaluation System. Personnel actions anchored on the BJMP-PES and
other previous issuances on performance review/evaluation shall be deemed modified
by this Circular.
ii. Other issuances not in accordance with the provisions of this Circular are hereby
amended or modified accordingly
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Annex A-1 OPCR for Directors of Directorate, Regional Directors, Chief of Support
Offices
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Annex A-2 OPCR for Chiefs of Regional Divisions/Sections, JPAs and Wardens
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Annex B UPCR
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Annex C IPCR
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Annex D Supervisor’s Journal
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Annex E Personnel Rating Matrix
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Annex F General Standards for Rating
EFFECTIVENESS/ QUALITY
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EFFICIENCY/ QUANTITY
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TIMELINESS
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Annex G Consolidated Individual Performance Ratings
x A-1 OPCR for Directors of Directorate, Regional Directors, Chief of Support Offices
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EFFICIENCY/ QUANTITY
RULE IV
PROGRAM ON AWARDS & INCENTIVE FOR
SERVICE EXCELLENCE (PRAISE)
In line with the Revised Policies on Employee Suggestions and Incentive Awards System (ESIAS) contained in
CSC Resolution No. 010112, dated 10 January 2001 and implemented through CSC Memorandum Circular
No. 01, s. 2001, the BJMP hereby adopts the herein Program on Awards and Incentives for Service Excellence
(PRAISE).
Section 1. I. PURPOSE – This Circular prescribes the policies and procedures governing
the implementation of Incentive and Awards System designed to promote morale and efficiency
in the BJMP.
a. GENERAL Objective
b. SPECIFIC Objectives
4) To provide incentives and interventions that will motivate employees who have
contributed ideas, suggestions, inventions, discoveries, superior accomplishment
and other personal efforts.
Section 3. SCOPE – This PRAISE shall apply to all officers, non-officers and non-
uniformed personnel in the BJMP, as well as to government officials or institutions and private
individuals or organizations that contribute to its productivity.
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a. Idea-Type Contribution. This shall refer to an idea, suggestion, innovation or an
invention to effect economy in operation, enhance productivity, improve working conditions or
advance public service.
a. BJMP Bests
1) Best Unit Award. Granted annually to the top organization unit which may be a
region, province, or jail on the basis of meeting the organization’s performance
targets and other pre-determined criteria.
b. Honor Awards
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hostage-taking negotiation. To warrant an award under this category, a person
must perform an act of heroism so notable and involving risk of life so
extraordinary, not warranting an award of Medalya ng Kagitingan.
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10) Medalya ng Papuri (BJMP Commendation Medal) is awarded to any member
of BJMP who must demonstrate exemplary efficiency, devotion and loyalty to the
duty assignment. Also, an aggregate of twenty-point equivalence of Letters of
Commendation may be converted to Medalya ng Papuri after approval by the
Committee. Point allocation for Letters of Commendation is based on the
awarding authority as follows:
14) The Bureau Award or the “KAPWA” Award which shall be given to an
individual or group of individuals in recognition of contribution from an idea or
performance resulting in direct benefits to the Bureau.
15) Unit Citation Award – granted annually to the top organization unit which may
be region, province, or jail on the basis of meeting the organization’s performance
targets and other pre-determined criteria.
d. Posthumous Award shall be conferred following the death of the person being
honored in the same manner given to a living person except that the order and citation
will indicate that the award is being made posthumously. In case an individual who
distinguished himself dies before the grant of the award to which he was entitled, the
award may nevertheless be made and the medal, star, bar, or other device, may be
presented to any representative of the deceased as the Chief, BJMP may designate.
Eligible next of kin are, in order of priority, widow or widower, eldest son, eldest
daughter, father, mother, eldest brother, eldest sister or eldest grandchild.
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the Agency Approved Performance Evaluation System for the last two successive
evaluation periods in accordance with existing guidelines on the matter.
5) Retirement Award shall be given to a retiree who has rendered at least fifteen (15)
years of satisfactory government service. This award shall be in the form of a
plaque of appreciation, the design and citation of which shall be determined by the
office concerned.
7) Such other incentive awards which the PRAISE Committee may decide to give,
subject to the approval of the Chief, BJMP.
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3) PAG-ASA Award. The Civil Service Commission or Pag-asa Award is conferred
on an individual or group of individuals for consistent dedicated performance
exemplifying the best in any profession or occupation; or for contribution/s
resulting from an idea or performance whose effects directly benefit more than
one department or the government though not of such extraordinary or
exceptional degree as to warrant the Lingkod Bayan Award.
Section 6. INCENTIVES FOR AWARDS – Aside from the medals and ribbons,
corresponding incentives shall be given for specific awards, subject to availability of funds as
follows:
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a. National Headquarters
b. Regional Office
The PRAISE Committee in each Regional Office shall be composed of the following:
c. Responsibilities
3) Develop, administer, monitor and evaluate the Bureau’s awards and incentives
system;
5) Address all issues relative to awards and incentives within fifteen (15) days
from the date of submission.
The Chief, BJMP may confer all the Awards except for the Medalya ng Kagitingan
(Medal of Valor) which only the President of the Republic of the Philippines is authorized.
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Regional Directors and JNTI Director may confer the Medalya ng Kasanayan (Efficiency Medal),
Medalya ng Papuri (Commendation Medal) and Medalya ng Paglilingkod (Service Medal).
Section 10. FUNDING -- The Bureau of Jail Management and Penology shall allocate
five percent (5%) of the HRD funds in its annual budget the necessary appropriations to cover
whatever necessary expenses that may be incurred in granting both monetary and non-monetary
awards and incentives in accordance with the provisions of this Circular.
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RULE V
GRIEVANCE MACHINERY
In May 22, 2005, the BJMP issued Circular No. 2005-02, providing for the Bureau’s Grievance
Machinery. The Circular was based on CSC Resolution No. 010113 and its implementing
Memorandum Circular No. 02, Series of 2001, on the “Revised Policies on the Settlement of Grievance
in the Public Sector”. This Rule prescribes the policies and procedures governing the expeditious, fair and
equitable resolution of grievances.
c. Prevent discontent and disenchantment between and among the uniformed and non-
uniformed personnel; and,
Section 2. BASIC POLICIES – The following principles shall apply to this Grievance
Machinery:
a. A grievance shall be resolved expeditiously at all times at the lowest level possible in
the BJMP. However, if the grievance is not settled at the lowest level possible, an
aggrieved party may present his/her grievance through the appropriate channels or
levels of the BJMP hierarchy.
b. The aggrieved party shall be assured of freedom from coercion, discrimination, reprisal
and biased action on the grievance.
c. Grievance proceedings shall not be bound by legal rules and technicalities. Even verbal
grievances aired before a responsible officer must be acted upon. The services of legal
counsel shall not be allowed.
e. If the party being complained of is the aggrieved party’s immediate supervisor, the
grievance shall be presented to the next higher supervisor.
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Section 4. APPLICATION OF THE GRIEVANCE MACHINERY – The following
instances shall be acted upon through the grievance machinery:
c. Poor physical working conditions, such as, but not limited to, the lack of proper
ventilation in the workplace, and insufficient facilities and equipment necessary for the
safety and protection of employees whose nature and place of work are classified as
high risk or hazardous;
d. Poor interpersonal relationships and linkages, such as, but not limited to, the
unreasonable refusal by one employee to give official information to another; and,
Section 5. EXCLUSIONS – The following cases shall not be acted upon through this
Grievance Machinery:
b. Sexual harassment cases as provided for under Republic Act No. 7877; and,
b. Appeal to the Higher Supervisor. If the aggrieved party or the respondent is not
satisfied with the Immediate Supervisor’s decision, he/she may formally submit the
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grievance in writing to the next higher supervisor within five (5) days from the time
he/she is informed of such decision. The Higher Supervisor shall, in turn, render
his/her decision within five (5) working days from receipt of the grievance.
d. Appeal to Top Management. If the aggrieved party or the respondent is not satisfied
with the decision of the Grievance Committee, he/she may elevate his/her grievance
to Top Management within five (5) working days from receipt of the Committee’s
decision. Top Management shall decide within ten (10) working days after the receipt
of the grievance. Provided, however, that where the object of the grievance is the Top
Management, the aggrieved party may bring his/her grievance directly to the Civil
Service Commission Regional Office.
e. Appeal to the Civil Service Commission Regional Office. If the aggrieved party
or the respondent is not satisfied with the decision of Top Management, he/she may
elevate his/her grievance to the Civil Service Commission Regional Office concerned
within fifteen (15) working days from the receipt of such decision. Together with the
appeal, the aggrieved party shall submit a Certification of Final Action on the
Grievance (CFAG) issued by the Grievance Committee. The CFAG shall contain,
among other things, the history and final action taken by the agency on the grievance.
The Civil Service Commission Regional Office shall rule on the appeal in accordance
with existing civil service rules and regulations.
The Chief, BJMP shall ensure equal opportunity for men and women to be represented in
the Committee. The Directorate for Human Resource and Records Management shall provide
secretariat services to the Grievance Committee.
The Grievance Committees in the Central and Regional Offices shall be composed of the
following:
a. National Headquarters
1) The Chief, Directorate for Human Resource and Records Management shall act as
chairperson;
2) Two (2) members coming from the Directorial Staff or officers holding equivalent
positions, selected by such officers from among themselves;
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3) Two (2) members from the rank and file who shall be chosen through a general
assembly or any other mode of selection to be conducted for the purpose – one
(1) from the first level and another from the second level. The first level
representative shall participate in the resolution of grievances of first level
employees while the second level representative shall participate in the resolution
of grievances of second level employee. Both shall serve on the Committee for a
term of two (2) years. Provided, that in case a non-uniformed personnel (NUP) is
involved in the grievance, one (1) representative from the NUP shall be chosen to
participate in its resolution; and,
b. Regional Offices
1) The Chief, Human Resource and Records Management Division shall act as
chairperson;
2) Two (2) members coming from the Division Chiefs, selected by such officers from
among themselves;
3) Two (2) members from the rank and file who shall be chosen through a general
assembly or any other mode of selection to be conducted for the purpose – one
(1) from the first level and another from the second level. The first level
representative shall participate in the resolution of grievances of first level
employees while the second level representative shall participate in the resolution
of grievances of second level employee. Both shall serve on the Committee for a
term of two (2) years. Provided, that in case a non-uniformed personnel (NUP) is
involved in the grievance, one (1) representative from the NUP shall be chosen to
participate in its resolution; and,
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e. Undertake investigation and hearing(s) within ten (10) working days from receipt of
the grievance and render a decision within five (5) working days after the investigation;
f. Direct the documentation of the grievance including the preparation and signing of
written agreements reached by the parties involved;
g. Issue Certification of Final Action on the Grievance (CFAG) which shall contain,
among other things, the history and final action taken by the agency on the grievance;
and,
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a. Grievance Form
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c. Certificate of Final Action on the Grievance
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Chapter 3
Administrative Disciplinary Machinery
(Revised April 2007)
RULE I
Section 1. Title. – These rules shall be known as the BJMP Administrative Disciplinary
Machinery.
Section 2. Scope. – These rules define the powers, duties and procedures to be observed
by the disciplining authorities in imposing administrative penalties on erring BJMP uniformed and
non-uniformed personnel.
RULE II
DISCIPLING AUTHORITIES
a. The Chief, BJMP, can impose any of the corresponding penalties for grave
offenses, less grave offenses and light offenses as may hereinafter be provided for, against all
uniformed and non-uniformed personnel, except the penalty of dismissal for those holding the
rank of Jail Senior Superintendent and above. However, he may recommend said penalty to higher
authorities.
b. The Regional Directors can impose any of the corresponding penalties for Grace,
Less Grave, and Light Offenses as hereinafter provided for, over uniformed personnel from the
rank of JO1 to SJO4. For those holding the rank of Jail Inspector to Superintendent, he cannot
impose the penalty of dismissal. However, he may recommend said penalty to the Chief,
BJMP/SILG.
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RULE III
DISCIPLINARY MACHINERY
In all cases, a copy of the investigation report by the Investigation Division of the Region
shall be furnished to the Directorate for Intelligence and Investigation for reference and
evaluation.
a. Each region shall have its own Hearing Office headed by a Hearing Officer who
must be at least a Bachelor of Laws graduate and who carries the rank of at least
an Inspector duly designated by the Chief, BJMP. Each region shall provide a
courtroom for the conduct of hearings and allocate priority funding for this
purpose subject to existing rules and regulations.
b. The Jail Bureau shall have such number of qualified and competent Hearing
Officers as may be necessary for the hearing and disposition of administrative
cases. No Hearing Officer shall be engaged in prosecuting functions in any
contested case or any factually related case.
c. The Jail Bureau shall exert efforts for the recruitment of lawyers thru lateral entry.
In the absence of lawyers, Bachelor of Laws graduates may be recruited thru lateral
entry in accordance with existing rules and regulations.
d. The authority to hear cases shall be vested in the Hearing Officer of each region
whose findings and recommendations shall be subject to the approval of the proper
Disciplining Authority.
e. The Chief Hearing Officer, shall recommend to the Chief, BJMP, the designation
of a Hearing Officer in each region. No designated Hearing Officer shall be
transferred to another region unless recommended by the Chief Hearing Officer,
and approved by the Chief, BJMP.
f. Original and Exclusive Jurisdiction. – Hearing Officers shall have original and
exclusive jurisdiction over all personnel charged with administrative offenses
within their respective areas of responsibility. In case any respondent has been
transferred to another administrative jurisdiction pending the disposition of his
administrative case, the Hearing Officer who first acquired original jurisdiction
over the case shall continue conducting administrative proceedings until
termination of the same. He shall therefore submit his resolution containing his
findings and recommendations to the Regional Director in the region for rendition
of decision. Thereafter, the Regional Director shall forward its decision to the
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Chief, BJMP for issuance of implementing order except when the respondent was
transferred back to his area of jurisdiction, in which case, the Regional Director
shall immediately issue an implementing order. In any case, respondent shall not
be transferred to another administrative jurisdiction pending the disposition of the
case, except in the exigency of the service.
g. Hearing Officers may perform other tasks given by the Regional Director in the
exigency of the service.
Section 3. BJMP Hearing Office. – The BJMP Hearing Office headed by a Chief
Hearing Officer shall oversee and supervise all Hearing Officers of the different regions. The
BJMP Hearing Office, which shall be under the Legal Service, National Headquarters, shall have
original and exclusive jurisdiction over all personnel assigned at the BJMP National Headquarters,
charged with administrative offenses. The Chief Hearing Officer shall likewise be responsible in
reviewing resolutions of Hearing Officers in cases against officers with the rank of Inspectors and
above, where the recommended penalty is dismissal from the service. He shall also review all
appealed cases filed with the Chief, BJMP. He shall further advise the Chief, BJMP, on all matters
affecting the disposition of administrative cases.
Preference shall be given to lawyers who are uniformed personnel of the Jail Bureau who
carry the rank of Senior Inspector or above for the designation as Chief Hearing Officer.
Section 4. Roving Hearing Officers. – The Chief, BJMP may, upon the
recommendation of the Chief Hearing Officer, designate Roving Hearing Officers in those regions
which do not have regular Hearing Officers or where the Hearing Officer has inhibited himself
from hearing a case. In such a case, the designated Roving Hearing Officers shall be entitled to
honoraria, transportation allowances and per diem during the conduct of administrative
proceedings.
Section 6. Office of the Prosecutor. – There is hereby created in the Directorate for
Intelligence and Investigation, the Office of the Prosecutor, headed by the Chief Prosecutor, who
is preferably a member of the Bar. In the absence of a lawyer, an officer, who must be a Bachelor
of Laws (LLB) graduate and who is carrying the rank of at least Inspector shall be designated as
Chief Prosecutor. He shall be designated by the Chief, BJMP upon the recommendation of the
Directorate for Intelligence and Investigation, in coordination with the Chief, Legal Service.
Each region shall have its own Prosecutor who must be a Bachelor of Laws graduate. He
shall be designated by the Chief, BJMP upon the recommendation of the Chief Prosecutor. In the
absence of a duly designated prosecutor, the Chief of Investigation Branch of each region shall act
as prosecutor. Prosecutors shall be responsible in prosecuting all administrative cases filed before
the Office of the Hearing Officer.
Section 7. Clerks and Stenographers. – Each administrative region shall provide its own
Hearing Officer with clerks and stenographers. The clerk of the Hearing Office shall be
responsible in receiving administrative complaints, docketing the same and sending notices to all
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interested parties. He shall likewise be responsible in receiving all subsequent pleadings and proper
scheduling of all hearings.
The stenographer on the other hand, shall be responsible in recording all matters taken up
during the administrative proceedings. At the request of any party, the stenographer shall furnish
him copy/copies of transcribed stenographic notes at the expense of the requesting party.
Section 8. Process Server. – Each region shall have its own Process Server under the
office of the Hearing Officer. The Process Server shall be responsible in serving summons,
subpoena ad testificandum and subpoena duces tecum to all persons concerned as the Hearing Officer
may direct.
RULE IV
ADMINISTRATIVE OFFENSES
Section 1. Punishable Offenses. – The following are the offenses with corresponding
penalties which a member of the Jail Bureau may be administratively held liable.
A. GRAVE OFFENSES
b. Grave Misconduct
First Offense – Dismissal
c. Serious Dishonesty
First Offense – Dismissal
f. Nepotism
First Offense – Dismissal
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B. OTHER GRAVE OFFENSES
a. Oppression
First Offense - Suspension of six (6) months & one (1) day
to one (1) year
Second Offense - Dismissal
b. Gross Insubordination
First Offense - Suspension of six (6) months & one (1) day
to one (1) year
Second Offense - Dismissal
c. Simple Insubordination
First Offense - Suspension of one (1) month & one (1) day
to six (6) months
Second Offense - Dismissal
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Second Offense - Dismissal
g. Simple Misconduct
First Offense - Suspension of one (1) month and one (1) day to six
months
Second Offense - Suspension of six (6) months and one (1) day to
one (1) year
Third Offense - Dismissal
D. LIGHT OFFENSES
a. Simple Dishonesty
First Offense - Reprimand
Second Offense - Suspension of one (1) day to thirty (30) days
Third Offense - Dismissal
Serious Neglect of Duty is incurred by a member of the Jail Bureau who shall:
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b. Fail or refuse to take command in an emergency in order to carry out a duty, being the
officer present with the highest rank or position;
c. Fail to prevent or suppress the criminal act of a subordinate being committed in his
presence or fail to report the same to authorities within twenty-four (24) hours upon
discovery;
d. Fail to apprehend and/or arrest inmates and visitors committing a criminal act in his
presence and/or fail to report the same to authorities within twenty-four (24) hours
upon discovery;
f. Fail to administer first-aid when able or convey to the nearest hospital, victims of jail
riots and other disturbances when able to do so;
Simple Neglect of Duty is incurred by a member of the Jail Bureau who shall:
a. Fail to attend to anyone who wants to avail himself of the services of the office, or act
promptly and expeditiously on public transactions;
c. Fail to report immediately to his superior officer injury, illness, death or escape of
inmate/s under his custody;
d. Fail to inform superior officer/s any information that will be beneficial or will lead to
the recovery of an escapee;
f. Fail to properly guard his post or leave or abandon the same without being properly
relieved, provided that when improper guarding, leaving, and abandonment, has
resulted to escape, the charge shall be Serious Neglect of Duty;
g. Sleeping while on duty provided that when an escape occurred while the officer was
asleep, the charge shall be Serious Neglect of Duty;
h. Fail to take custody of government issued property from a member under his
command who is suspended, separated, retired or dead; and,
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Section 3. Misconduct – It is the doing, either through ignorance, inattention or malice,
of that which the officer had no legal right to do at all, as where he acts without any authority
whatsoever, or exceeds, ignores or abuses his powers.
a. Receive for personal use of a fee, gift or other valuable thing in the course of official
duties or in connection therewith when such fee, gift or other valuable thing is given
by any person in the hope or expectation of receiving a favor or better treatment than
that accorded to other persons or committing acts punishable under the anti-graft laws;
b. Solicit or accept directly or indirectly any gift gratuity, favor, entertainment, loan or
anything of monetary value while in the course of his official duties or in connection
with any operation being regulated by, or any transaction which may be affected by the
functions of his office. The propriety or impropriety of the foregoing shall be
determined by its value, kinship, or relationship between giver and receiver and the
motivation. A thing of monetary value is one which is evidently or manifestly excessive
by its very nature;
e. Refuse to surrender or deposit his service firearm, badge and/or service vehicle if any,
upon demand by his superior officer by reason of his suspension;
a. Recommend any person to any position in private enterprise which has a regular or
pending official transaction with his office, unless such recommendation or referral is
mandated by law, or international agreements, commitment and obligation, or as a part
of the function of his office;
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d. Be under the influence of liquor while on duty;
e. Exhibit marked discourtesy in the course of official duties or use profane or insulting
language to any superior officers;
f. Serve as escort or security officer to any person other than an inmate, unless authorized
by his immediate superior officer;
g. Directly or indirectly have financial and material interest in any transaction requiring
the approval of his office. Financial and material interest is defined as pecuniary or
proprietary interest by which a person will gain or lose something;
h. Engage in the private practice of his profession without prior authority from the Chief,
BJMP or any authorized Official duly designated to approve the same;
j. Fight, threaten or quarrel with any member of the Jail Bureau; Provided, that when the
member being challenged or threatened is one of higher rank, the offense shall be
Grave Misconduct;
l. Escorting inmates in any place other than those specified in the court order;
m. Other offenses not directly related with the performance of duty; and,
a. Failure without justifiable cause to appear in court, comply with a directive, or testify
without justifiable reason on matters connected with his duty after having been duly
notified and/or subpoenaed;
b. Failure to salute officials, dignitaries, superior officers and other officials entitled
thereto or the national colors during the playing of the national anthem;
d. Absenting oneself from office without having filed the necessary application for leave,
either prior or immediately thereafter; and,
Section 5. Dishonesty. – It is incurred by any member of the Jail Bureau who shall
conceal, alter or distort the truth in a matter of fact relevant to this office, or connected with the
performance of his duties. It is classified into Serious, Less Serious and Simple dishonesty.
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Serious Dishonesty shall be incurred by a member of the Jail Bureau if such offense is
attended with:
a. The dishonest act caused serious damage and grave prejudice to the government;
c. Where the respondent is an accountable officer, the dishonest act directly involves
property, accountable forms or money for which he is directly accountable and the
respondent shows an intent to commit material gain, graft and corruption;
d. The dishonest act exhibits moral depravity on the part of the respondent;
g. The dishonest act involves a Civil Service examination irregularity or fake Civil Service
eligibility such as impersonation, cheating and use of crib sheets.
Less Serious Dishonesty is incurred when attended with circumstances wherein the
dishonest act caused damage and prejudice to the government that is not so serious as to qualify
under Serious Dishonesty, and the respondent did not take advantage of his/her position in
committing the dishonest act.
Simple Dishonesty is committed if the dishonest act did not cause damage or prejudice
to the government as well as those with no direct relation to or do not involve the duties and
responsibilities of the respondent.
Section 6. Being Notoriously Undesirable. These are personnel of the Jail Bureau who
are engaged directly or indirectly (engaged directly or are involved directly) in illegal activities and
those involved in irregularities, thus giving a negative mark on the credibility and image of the
organization necessitating for their weeding out from the bureau.
Incompetence is the manifest lack of adequate ability and fitness for the satisfactory
performance of duties. This has reference to any physical, moral or intellectual quality, the lack of
which substantially incapacitates one to perform assigned duties;
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e. Those found liable for violation of the Anti-Graft and Corrupt
Practices Act and/or Code of Ethical and Professional Conduct; and
f. Those whose overall performance evaluation rating for two (2) consecutive
rating periods is unsatisfactory.
Partisan political activity means active support for or affiliation with a cause of a
political party of candidate. This would include, among others, being a candidate for any elective
office or delegate to any political convention, organization, delivering speeches, canvassing or
soliciting votes or political support or contributions for any political party or candidate or, in
general, becoming actively identified with the success or failure of any candidate or candidates for
election of public office.
Section 11. Disgraceful and Immoral Conduct. – It depicts moral depravity. It includes
immoral and lewd advances projecting the abnormality of one’s behavior consisting of libidinous
desire for the opposite sex or of the same sex and the propensity to sexually harass members of
the opposite or of the same sex working with him.
Section 13. Conduct Grossly Prejudicial to the Best Interest of the Service. – It is the
willful, deliberate and malicious commission or omission by any member of the Jail Bureau which
is repugnant or nugatory to the Bureau’s mission or objectives, dishonoring or disgracing his
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uniform, and placing the Bureau in a bad light, whether or not he benefited from such commission
or omission.
Section 14. Habitual Drunkenness While on Duty. – It includes reporting for work
while under the influence or alcohol or intoxicating liquor during office hours habitually. A
habitual drunkard is one given to intoxication by excessive use of intoxicating drinks. The habit
should be actual and confirmed, but it is not necessary that it be continuous or by daily occurrence.
Section 15. Discourtesy in the Course of Official Duties. – Discourtesy implies failure
to observe the protocol and social usage and likewise the customs and traditions mandated by the
service. It becomes gross when it is intentional, blatant or willful.
Section 16. Violation of Existing Civil Service Laws and Rules. – It includes the failure
to observe the mandatory provisions of the Civil Service Laws, its Implementing Rules and
Regulations, Memorandum Circulars and other issuances. It becomes gross when it is intentional,
willful or blatant disregard.
RULE V
ADMINISTRATIVE PENALTIES
Section 2. Penalties which may be imposed – The following penalties may be imposed
against an erring BJMP Officials and employees by the disciplining authorities:
Section 3. Dismissal from the Service. – The penalty of dismissal shall carry with it
cancellation of eligibility, forfeiture of retirement benefits except terminal leave benefits, and the
disqualification for reemployment in the government service. It may be imposed without prejudice
to the respondent’s criminal or civil liability.
The Chief, BJMP, may impose the penalty of dismissal from the service to any erring BJMP
uniformed and non-uniformed personnel. On the other hand, the Regional Director may impose
the penalty of dismissal to the Non Officers Rank from Jail Officer One to Senior Jail Officer
Four. However, such penalty of dismissal from the service shall not become effective until
confirmed by the Chief, BJMP for dismissal imposed by the Regional Director or by the Secretary,
Department of the Interior and Local Government for dismissal imposed by the Chief, BJMP.
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Section 4. Demotion in Rank. – In exceptional cases and at the discretion of the Chief,
BJMP, he may, in lieu of dismissal, impose the penalty of demotion in the rank to any uniformed
BJMP personnel.
The Regional Director, in the same exceptional cases, may also impose demotion in rank
to those holding the rank of Jail Officer One to Senior Jail Officer Four, in lieu of dismissal.
The penalty of demotion in rank shall carry with it disqualification for promotion for a
period of six (6) months. In any case, the penalty of demotion in rank shall not exceed more than
one (1) rank.
The penalty of suspension shall likewise carry with it forfeiture of pay and allowances
corresponding to the period of suspension.
The BJMP personnel suspended shall not be entitled to salary and allowances during the
period of suspension unless totally exonerated after proper motion or appeal.
Section 6. Transfer.- The disciplining authorities may, in lieu of suspension, impose the
penalty of transfer to any erring BJMP personnel. However, only the Chief, BJMP may impose the
penalty of transfer to a non-uniformed personnel.
The penalty of transfer shall carry with it disqualification for promotion for a period of six
(6) months from the date respondent reports to the new position or unit.
But when the transfer is made in the interest or exigency of public service, the same shall
not be considered a penalty but merely a part of management prerogative. In which case, the Chief,
BJMP and the Regional Director may exercise the same but the personnel concerned must be
informed of the reasons thereof.
Section 7. Fine. – In exceptional cases and in the exigency of the service, the penalty of
fine may be imposed in lieu of suspension. It shall in no case exceed the equivalent of six (6)
months salary. Non-Uniformed personnel may only be fined by the Chief, BJMP.
The penalty of fine shall carry with it disqualification for promotion corresponding to the
period of fine. Failure to pay the fine imposed shall be a bar to the promotion of the BJMP
personnel for failure to serve his/her penalty.
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shall be considered. Nevertheless, in the appreciation thereof, the same must be invoked or
pleaded by the proper party in their respective complaint and answer, otherwise the said
circumstances shall not be considered in the determination of the proper penalty to be imposed
against the respondent concerned.
a. physical illness
b. good faith
c. length of service in the government
d. poor facilities and equipments
e. insufficient manpower
f. other analogous circumstances
Section 10. Guidelines in the Application of Penalties. – The imposition of the penalty
shall be made in accordance with the manners herein below provided:
1. Uniform penalties shall be imposed for like offenses and only one penalty shall be
imposed in each case;
2. If the respondent is found guilty of two or more counts, the penalty imposed should
be that corresponding to the most serious charge and the rest may be considered as
aggravating circumstances;
3. If the penalty attached to the offense is not divisible into minimum, medium, and
maximum periods, the same shall be applied regardless of the presence of any
mitigating circumstance;
4. If the penalty attached to the offense is divisible into minimum, medium, and
maximum periods, the following rules should be observed;
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1. The medium of the penalty shall be imposed where no mitigating and
aggravating circumstances are present, or if both are present, they equally offset
each other.
2. The minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances is present;
3. The maximum of the penalty shall be imposed where only aggravating and no
mitigating circumstances is present;
RULE VI
PROCEDURE
It must be written in a clear, simple and concise language and in a systematic manner to
apprise the BJMP personnel of the nature and cause of the charge against him and to enable him
to intelligently prepare his defense and other responsive pleadings.
Absence of any one of the afore-cited requirements shall cause the outright dismissal of
the complaint.
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In some cases, in the interest of equity and justice, the complainant is given reasonable
time to comply with the requirement.
Section 5. Who May File a Complaint. – The following may institute an initial complaint
against BJMP personnel:
a. Private Complainant – Any person, natural or juridical, who suffered injury, harm or
disturbance through an act or omission committed by BJMP personnel; and,
b. Nominal Complainant – Any bureau personnel authorized under the rules to institute
and file charges by reason of his office or position.
Section 6. When & Where to File a Complaint. – Complaints may either be initial or
formal. The former refers to official reports of misdemeanor committed by any BJMP personnel
or reports by private complainant, while the latter refers to the complaint filed by the bureau
prosecutor. An initial complaint shall be filed before the office of the disciplining authority having
jurisdiction over the personnel concerned while a formal complaint shall be filed at anytime with
the Office of the Regional or Chief Hearing Officer.
Where there is obvious truth or merit to the allegations in the complaint or where there is
documentary evidence that would tend to prove the guilt of the person complained of, the same
should be given due course.
Section 8. Action on the Complaint. – Within five (5) days from receipt of the initial
complaint which is sufficient in form and substance, the Disciplining Authority shall refer the same
to the Directorate for Intelligence, Investigation and Inspectorate (DII) or Intelligence,
Investigation and Inspectorate Division (IIID) for the conduct of an investigation.
Unless a different period is ordered or allowed by the Disciplining Authority, the DII/IID,
shall within fifteen (15) days from receipt of the referral, submit to the former an Investigation
Report containing the factual findings gathered and the recommended course of action. The
assigned investigator of the DIII/IID may, during the investigation, require the appearance of the
parties for the conduct of a clarificatory conference to clarify facts and issues that are relevant to
the case.
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In case the Disciplining Authority deemed it appropriate to give due course to the
complaint, the investigator shall thereafter refer the Investigation Report to the concerned Bureau
prosecutor or in his absence the Director/ Chief of the Directorate for Intelligence, Investigation
and Inspectorate/Intelligence, Investigation and Inspectorate Division for the preparation and
filing of the Formal Charge.
Section 11. Where to File Formal Charge. – The Formal Charge shall be filed in at least
three (3) copies directly with the respective BJMP Regional Hearing Office or with the BJMP
National Headquarters Hearing Office pursuant to Section 2, Rule II of this Machinery.
Section 12. Who may File the Formal Charge. – The bureau prosecutor of the BJMP
National Headquarters and respective Regional Offices or in their absence, the Director/Chief,
Directorate for Intelligence and Investigation/Intelligence and Investigation Division, is athorized
to file the Formal Charge.
Section 13. Formal Charge, Contents. – The Formal Charge shall contain a specification
of the charge, a brief statement of material facts, accompanied by certified true copies of the
documentary evidence, if any, and sworn statements covering the testimony of witnesses.
Section 14. Prohibition against Multiple Complaints and Forum Shopping. – When
an administrative complaints is filed against a BJMP personnel before an administrative disciplinary
authority or body, no other administrative case involving the same parties, issues and cause of
action shall be filed before any other disciplinary authority, administrative body, forum or tribunal.
For this purpose, the complainant shall certify under oath in the Formal Charge or in a
sworn certification annexed thereto and simultaneously filed therewith that;
A. He has not therefore commenced any action or proceeding involving the same parties,
issues, or cause of action before any other disciplinary authority, administrative body,
forum or tribunal;
C. If there is any such action or proceeding which is either pending or may have been
terminated, he must state the status thereof, and,
D. If he should thereafter learn that a similar action or proceeding has been filed or is
pending before any other administrative disciplinary authority, he must undertake to
report the fact within five (5) days there from to the Disciplining Authority where the
original administrative complaint/Formal Charge has been filed.
Any willful and deliberate forum shopping by the complainant to ensure a favorable action
or advantage over the respondent, as well as the inclusion of a false certification in connection
thereof, shall be sufficient basis to dismiss the Formal Charge.
Section 15. Singularity of Offense Charge. – A Formal Charge shall contain only but
one charge.
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Section 16. Summon and Order to Submit Answer. – Within five (5) days from the
filing of the Formal Charge, the Hearing Officer concerned shall cause the issuance of summons,
attaching therewith a copy of the complaint and other supporting documents, upon the respondent
requiring him to submit his Answer or other responsive pleadings within five (5) days from receipt
thereof.
In his Answer, the respondent shall indicate whether or not he elects formal investigation.
Motion of extension of time to file an Answer maybe allowed but shall not be more than
once.
Section 17. Failure to File an Answer, Effect of. – Failure or refusal on the part of the
respondent/s to file or submit an Answer shall constitute a waiver on his/their part to file or
submit the same. If the Hearing Officer can judiciously resolve the case according to its merits
based on allegations of the Formal Charge and on available evidence on record, he may resolve
the case without any further proceedings.
In cases where the charge is grave or of serious nature, the Hearing Officer, despite the
failure of the respondent/s to file his/their Answer, may direct or order the prosecution for an ex-
parte presentation of evidence for purposes of determining the appropriate imposable penalty.
Section 18. Failure to Request a Formal Investigation. – When the respondent/s fails
to request for a Formal Investigation, one shall nevertheless be conducted by the Disciplining
Authority when the allegations of the Formal Charge and the Answer of the respondent/s,
including the supporting documents of both parties, the merits of the case cannot be judiciously
resolved without the benefit of a formal investigation.
Section 19. Hearing Proper/Formal Investigation. – Not earlier than five (5) days but
not later than ten (10) days from receipt of the respondent’s answer, the Hearing Officer shall
conduct a formal investigation on the case, which shall be terminated within sixty (60) days from
its commencement.
In meritorious cases, the Hearing Officer may extend the period within which to finish the
Formal Investigation. A certification to that effect shall be submitted to the Disciplining Authority
stating thereto why the Formal Investigation has not been terminated within the required period.
Despite the expiration of the required period, the Hearing Officer, without prejudice to
any responsibility that may have been incurred as a consequence thereof, shall resolve the case,
without further delay.
a. Simplification of issues;
b. Stipulations of facts;
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d. Limitation on the number of witnesses;
f. The propriety of resolving the case based on the pleadings submitted by the parties;
i. Such other matters as may aid in the prompt and just resolution of the case.
The parties may submit the case for resolution based on the result of the Pre-Hearing
Conference without the need of further hearings. In such case, the Hearing Officer may require
the parties to submit their respective position paper or memorandum within fifteen (15) days from
the date of the Pre-Hearing Conference.
In case any of the parties fail to appear during the scheduled Pre-Hearing Conference, the
Hearing Officer may resolve the case based on evidence available at hand. However, the Hearing
Officer may still require the parties to submit their position papers on memoranda.
Section 21. Plea Bargaining/Plea to a Lesser Offense. – During the conduct of Pre-
Hearing Conference, respondent with the consent of the bureau prosecutor and the private
complainant, if any, may be allowed by the Hearing Officer to plead guilty to a lesser offense, in
which case no amendment to the complaint is necessary.
In case respondent pleads guilty to a lesser offense, the Hearing Officer may nonetheless
proceed with the hearing or direct both parties to submit their respective position paper or
memorandum to aid the Hearing Officer in the proper determination of the degree of liability of
the respondent and the appropriate penalty to be imposed.
Section 22. Minutes of Pre-Hearing Conference. – The Hearing Officer shall cause the
preparation of the minutes of the Pre-Hearing Conference, which shall contain a summary of the
agreement of the parties, including the facts stipulated which shall be signed by both parties and
their counsel, if any.
Where the parties are represented by their respective counsel, the latter shall be made to
signify or file/submit a Certificate of Readiness to proceed with the hearing. To avoid delay in the
proceedings brought about by motion for postponement due to conflict of schedule with other
cases, it is required that in the said certification, the dates of hearing (from commencement until
termination) agreeable to both counsels, but within the period required by these rules, shall be
clearly indicated.
The hearing shall proceed as scheduled based on dates of hearing agreed upon and signed
by the counsel despite the absence of one or both counsels. The certification ties and binds both
parties and their counsel to the agreement, and absence of either party or his counsel shall not be
considered a justifiable cause for the postponement of the hearing.
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Section 24. Postponement. – Postponement of the hearing shall be discouraged and shall
be allowed only in meritorious cases, such as illness of a party and/or his counsel and/or other
similar unavoidable causes. A request for postponement due to illness should be supported by a
duly authenticated medical certificate.
In all cases and regardless of the reasons invoked, a party shall not be granted more than
two (2) postponements.
Section 25. Subpoena, Request for. – In case a party desires the attendance of a witness
or the production of documents, he shall make a request for the issuance of the necessary
subpoena or subpoena duces tecum, at least five (5) days before the scheduled hearing.
Section 26. Issuance of Subpoena. – The Hearing Officer may issue subpoena ad
testificandum to compel the attendance of witness and subpoena duces tecum for the production of
documents or things.
Section 27. Preliminary Matters. – At the start of the hearing, the Hearing Officer shall
put on record the appearance of the parties and their counsel if any, and shall proceed with the
reception of evidence of the prosecution.
Before taking the testimony of a witness, the Hearing Officer shall place him under oath
and then take his name, address, civil status, age and place of employment.
The sworn statement of a witness properly identified and affirmed shall constitute his
direct testimony, copy furnished the other party. Clarificatory questions may also be asked.
The direct evidence for the prosecution and the respondent shall consist of the sworn
statements and documents submitted in support of the Formal Charge or Answer, as the case may
be, without prejudice to the presentation of additional evidence deemed necessary but unavailable
at the time of the filing of the complaint or answer. In which case, the other party or the hearing
officer shall have the right to cross-examine the same. Cross-examination shall be confined only
to material and relevant matters included in the direct examination. Following cross-examination,
there may be re-direct and re-cross examination. Prolonged argumentation and other dilatory
tactics shall not be allowed.
Section 28. Failure of Respondent to Appear on the Scheduled Hearing, Effect of.
– When respondent failed or refused to appear during the scheduled hearings without justifiable
cause despite due notice, the hearing shall proceed ex-parte and the former is considered to have
waived his right to be present and to submit evidence in his favor during those hearings.
In cases where one or both of the parties cannot afford the services of counsel or such
counsel is not available, it shall be incumbent upon the Hearing Officer as a fact finder to
propound questions to the witnesses and examine material and relevant evidence which are
necessary in the determination of the issues and in arriving at a just and fair conclusion.
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Section 30. Appearance of Counsel. – Any counsel appearing before any hearing or
formal investigation shall manifest orally or in writing his appearance for a party, stating his full
name, IBP number and receipt and exact address where he can be served with notices, decisions
and other pleadings. Any pleading or appearance of a counsel without complying with the above
stated requirements shall not be recognized.
Section 31. Order of Hearing. - Unless the Hearing Officer directs otherwise, the order
of hearing shall be as follows;
a. The prosecution shall present or adduce evidence to prove his cause of action subject
to the Pre-Hearing agreement;
c. Respondent shall offer evidence in support of his defense subject to the Pre-Hearing
agreement;
All objections raised during the hearings shall be resolved by the Hearing Officer.
The Hearing Officer shall accept all evidence deemed material and relevant on the case. In
case of doubt, he shall allow the admission of evidence subject to the objection interposed against
its admission.
When the presentation of evidence has been concluded, the parties may be given time to
submit their respective memoranda, which in no case shall be beyond five (5) days after the
termination of the investigation. Failure to submit the same shall be considered a waiver thereof.
Section 33. Markings. – All documentary evidence or exhibits shall be properly marked
by letters (A, B, C, etc.,) if presented by the prosecution and by number (1,2,3 etc.,) if presented
by the respondent. These shall form part of the complete records of the case.
Section 34. Records of the Proceedings. – The testimony of every witness and the
manifestation of the Hearing Officer, parties and counsel, during the hearing shall be taken into
record either through shorthand or stenotype, if there is a stenographer.
A transcript of the records made by the stenographic officer/clerk certified correct by him
shall be a prima facie correct statement of such testimony and proceedings.
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The stenographer or clerk of the hearing office may provide certified transcript of notes
taken by them to every person requesting the same upon the payment of a reasonable amount of
ten pesos (P 10.00) for each page which shall be covered by official receipts.
Section 35. Death of Respondent, Effect of. – Death of the respondent during the
pendency of the hearing terminates the administrative case and has the effect of exoneration.
Section 36. Pending Administrative Case, Effect of. – A pending administrative case
shall not cause the disqualification of any BJMP personnel from being promoted. However, if he
is subsequently found liable in said administrative case and imposed with suspension, he shall be
disqualified for promotion for a period corresponding to the duration of the penalty imposed. If
the penalty imposed is demotion he shall be disqualified for promotion for a period of six months
from the effectivity of his demotion.
Similarly, it shall not bar any BJMP personnel from taking a leave from the service or
undergo training or schooling. In the latter case, if the respondent was adjudged guilty while
undergoing service-connected training or schooling, the implementation of the Decision shall be
held in abeyance until after the termination of his training or schooling.
Any officer or personnel who shall cause the violation of the above prohibitions shall be
held administratively liable for Conduct Grossly Prejudicial to the Best Interest of the Service.
Section 37. Report on Pending Administrative Case. – Pursuant to Section 13, item
(a), Rule VI of this Machinery, All Regional Hearing Officer of every region shall submit to their
respective Regional Director a monthly report on the status of all administrative cases pending
before their office. A separate monthly report on acted administrative cases shall likewise be
submitted.
All Regional Directors in turn shall render or submit a monthly updated report to the
Chief, BJMP relative to the immediately preceding paragraph.
Section 38. Docket Books. – A Docket Book shall be kept, in which all complaints shall
be properly entered and given corresponding docket number in order of receipt. It shall contain
the number and title of the administrative case, name and rank of the respondent, his place of
assignment, date of the Resolution and/or Decision including the disposition thereof and the date
when the Motion for Reconsideration or Appeal was filed, if any.
Section 39. Solemnity of the Proceedings. – The Hearing shall be conducted with
solemnity and proper decorum and the Hearing Officer shall comport himself with impartiality
and dignity befitting his position – that of discoverer and gatherer of facts. He shall always bear in
mind that his main duty is to determine the facts of the case as presented by the parties during the
formal investigation, judiciously evaluate the evidence adduced, and thereafter, determine the
appropriate penalty based on the evidence submitted.
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RULE VII
PREVENTIVE SUSPENSION
Section 1. Preventive Suspension – The Hearing Officer may, upon petition of the
complainant or motu propio, recommend to the Regional Director/Chief BJMP for the issuance
of an order of preventive suspension to any subordinate officer/employee within his jurisdiction
pending an investigation, if the charge involves:
a. Dishonesty;
b. Oppression;
c. Grave Misconduct;
d. Gross Neglect in the performance of duty; and
e. If there are reasons to believe that the respondent is guilty of the charges which would
warrant his removal from the service.
In lieu of preventive suspension, the Regional Director/Chief, BJMP, may reassign the
respondent to other unit of the agency during formal investigation.
In administrative cases involving personnel holding the rank of Inspector and above; those
filed against non-uniformed personnel; and those filed in the National Headquarters regardless of
the rank of the respondent, the Chief, BJMP, upon recommendation of the Chief Hearing
Officer/Hearing Officer, may issue an order of preventive suspension in accordance with Section
6 of this Rule.
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Section 5. Duration of Preventive Suspension – Preventive Suspension shall in no case
exceed ninety (90) days. When the administrative case against the BJMP uniformed/non-
uniformed personnel under preventive suspension is not finally resolved by the Hearing Officer
within the period of ninety (90) days, unless otherwise provided under special law, he shall be
automatically reinstated in the service; provided that, when the delay in the disposition of the case
is due to the fault, negligence or petition of the respondent, the period of delay should not be
included in counting of the ninety (90) days period of preventive suspension. Provided further that
should the respondent be on Maternity/Paternity leave, such preventive suspension shall be
deferred or interrupted until such time that the said leave had been fully enjoyed.
2. The issues have been joined, that is, respondent has answered the complaint or has
filed a responsive pleading thereto; or when the respondent failed to file his answer,
after the lapse of the reglementary period of filing the same;
3. When the evidence of guilt is strong or when there is reasonable ground to believe that
the respondent has committed the act or acts complained of; and
4. When the continuance in office of the respondent could influence the witnesses or
pose a threat to the safety and integrity of the records and other evidence.
Preventive suspension pending appeal under Section 3 Paragraph (b) of this rule shall give
right to the BJMP uniformed/non-uniformed personnel to payment of back salaries if exonerated
and subsequently reinstated.
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Section 10. Remedies from the Order of Preventive Suspension – The respondent
may file a motion for reconsideration with the Chief, BJMP/Regional Director or may elevate the
same to the DILG Secretary/Chief BJMP by way of appeal within fifteen (15) days from receipt
thereof. When such preventive suspension was issued by the Regional Director, the same may be
initially appealed to the Chief BJMP, before elevating the same to the DILG Secretary. The Chief,
BJMP/Regional Director may deny the motion outright or require the bureau prosecutor to file
his comment/objection to the motion. An order lifting the order of preventive suspension shall
entitle the respondent to immediate reinstatement with payment of back salaries unless expressly
denied in the order.
The filing of a motion for reconsideration from the order of preventive suspension shall
not suspend the formal investigation before the Hearing Officer.
Section 11. Grounds for Lifting of Preventive Suspension – Preventive suspension may
be lifted on any of the following grounds:
1. When the reassignment of the respondent to other units during the formal hearing is
the appropriate remedy in the exigency of the service; and,
RULE VIII
Section 1. Resolution defined. – Resolution, as used in these rules, is the written findings
by the Hearing Officer that the respondent is guilty or not guilty of the charge, and the
recommendation of the appropriate penalty in case of conviction.
Section 2. Form and Contents of Resolution. – The resolution must be written in the
official language, personally and directly prepared by the Hearing Officer and signed by him and
shall contain clearly and distinctly a statement of facts proved or admitted by respondent and the
law upon which the resolution is based. It shall likewise contain the charge, name of the
respondent, his rank, office, place of assignment and designation.
If it is conviction, the resolution shall state (a) the legal qualification of the offense
constituted by the acts committed or omitted by the respondent, and aggravating or mitigating
circumstances attending the commission or omission thereof, if there are any; and, (b) the
appropriate penalty recommended upon the respondent.
In case of acquittal or exoneration, the resolution shall state the reasons thereof, as for
insufficiency of evidence, lack of merit and others deemed fit by the Hearing Officer.
Section 3. Resolution of Two or More Offenses. – When two or more offenses are
charged in a single complaint, but the respondent fails to object to it before trial, the Hearing
Officer may find him liable of as many offenses as are charged and proved, and recommend a
penalty for each offense setting out separately the findings of fact and law in each offense.
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Section 4. Resolution in Case of Variance Between Allegation and Proof – When
there is variance between the offense charged in the complaint and that proved, and the offense
as charged is included in or necessarily includes the offense proved, the respondent shall be found
liable of the offense proved which is included in the offense charged, or of the offense charged
which is included in the offense proved.
In administrative cases filed against personnel holding the rank of Inspectors and above;
non-uniformed personnel; and those filed against uniformed personnel assigned in the National
Headquarters regardless of the rank, the Hearing Officer shall forward his resolution containing
his findings and recommendation together with the record of the case to the Chief, BJMP for
decision.
The transmission of the resolution and record of the case shall in no case exceed thirty
(30) days from the conclusion or termination of the hearing or submission of the respective
memoranda by the parties, as the case may be unless extended by justifiable reasons.
Section 7. Decision Defined – Decision, as used in these rules, is the written conclusion
by the disciplining authority whether or not he concurs with the findings and recommendation of
the Hearing Officer, the adjudication that the respondent is guilty or not guilty of the offense
charged including the reasons thereof, and the imposition of the appropriate penalty in case of
conviction.
Section 8. Form and Contents of Decision – The decision must be written in the official
language and signed by the disciplining authority, and shall contain a brief statement of the facts
and the law resolved by the Hearing Officer. It shall contain a declaration whether or not the
disciplining authority concurs with the findings and recommendation of the Hearing Officer
including the reasons thereof, and the imposition of appropriate penalty in case of conviction.
Section 10. Findings of Facts of Hearing Officers Should be Given Weight – The
findings of fact of Hearing Officer if supported by substantial evidence are generally binding and
should be accorded weight and respect, except when there has been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of the Hearing Officer concerned.
Section 11. Finality of Decision – The decision of the Regional Director/Chief, BJMP,
as the case may be, shall become final after the lapse of the fifteen (15) days reglementary period
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to file appeal or motion for reconsideration, to be reckoned from the time the respondent received
the decision by personal service or otherwise.
Section 12. Execution of Decision. All decisions imposing a penalty against an erring
officer, except dismissal, shall be immediately executory after attaining finality or upon denial of
the motion for reconsideration if one is filed. When the penalty imposed is removal or dismissal
from the service, the same shall become effective and implemented only after confirmation by the
Chief, BJMP in cases filed against Non-Officers Rank decided by the Regional Directors, and the
Secretary of the DILG in cases originally decided by the Chief, BJMP. In such instances, the
decision and records of the case shall be forwarded to the Chief, BJMP, if decided by the Regional
Director, or to the Secretary of the Department of the Interior and Local Government, if decided
by the Chief, BJMP, for review and confirmation of the decision.
The decision however of the Chief BJMP imposing a penalty of suspension for not more
than thirty (30) days, or fine in an amount equivalent to or not exceeding thirty (30) days salary
shall be immediately final and executory. The right however of the adverse party to avail of other
remedies under existing laws, rules and regulations shall not be foreclosed.
Section 13. Implementing Orders; Who may Issue. – In cases decided by the Regional
Director, the Chief of the Human Resource and Records Management Division (HRRMD) of the
Regional Office concerned shall issue the appropriate implementing orders within fifteen (15) days
after finality of the decision. When the penalty imposed by the Regional Director is
removal/dismissal from the service, the same shall be issued only after confirmation by the Chief,
BJMP. Within five (5) days from the issuance of the implementing order, the Regional Director
shall furnish the Chief, BJMP a copy of the implementing order, decision and resolution.
In cases decided by the Chief, BJMP, the Director of the Directorate for Human Resource
and Records Management (DHRRM) National Headquarters shall issue the appropriate
implementing orders within fifteen (15) days after finality of the decision. When the penalty
imposed by the Chief, BJMP is removal/dismissal from the service, the same shall be issued only
after confirmation by the Secretary, DILG. The copy of the implementing order, decision and
resolution shall be forwarded to the Regional Office having jurisdiction of the personnel
concerned for its enforcement within five (5) days from its issuance.
Section 15. Compilation of Resolution and Decision. – The Hearing Officer of each
administrative region shall make a compilation of resolutions and decisions rendered. The copy of
the resolution and decision shall be made available to the proper party or to other person upon
order of the court or other administrative bodies. It shall be the duty of the clerk of the Hearing
Office to prepare a register or compilation of those resolutions and decisions.
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RULE IX
ADMINISTRATIVE REMEDIES
Section 2. Motion for Reconsideration. – Either party who was adversely affected by
the decision of the Disciplining Authority, may file a motion for reconsideration with the same
disciplining authority concerned, within fifteen (15) days upon receipt of a copy of the decision.
In which case, the disciplining authority concerned shall remand the motion to the Hearing Officer
for appropriate action. The hearing officer may grant or deny the said motion. If what is sought
to be reconsidered is the decision of the Chief BJMP, the former shall transmit the same to the
Chief Hearing Officer for appropriate action.
Section 4. Effect of filing. The filing of motion for reconsideration within the
reglementary period of fifteen (15) days shall stay the execution of the decision sought to be
reconsidered.
A motion for reconsideration suspends the running of the period to appeal, but does not
extend the time within which an appeal must be taken.
Only one (1) motion for reconsideration shall be filed by the party adversely affected by
the decision of the disciplining authority.
Section 5. Effect of filing of motion by one or more of the adverse party. The
resolution denying or granting the motion by one or more of the adverse party shall not affect the
other party who did not file the same, unless it is applicable or beneficial to such part.
c. Errors of law or irregularities have been committed which are prejudicial to the interest
of the movant.
Section 7. Form of Motion and Notice to the Prosecution and Adverse Party. – The
motion for reconsideration shall be in writing and filed with the disciplining authority. It shall state
the grounds on which it is based. If the motion is based on newly discovered evidence, it must be
supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by
duly authenticated copies of documents which it proposed to introduce in evidence. Copy of the
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motion for reconsideration shall be served by the movant to the adverse party and the prosecutor
before it is filed with the disciplining authority.
b. When a motion is granted of newly discovered evidence, the evidence already taken
shall stand, and the newly discovered evidence as the Hearing Officer may, in the
interest of justice, allow to be introduced, shall be taken and considered together with
the evidence already in the record.
c. In all cases, when the disciplining authority grants a motion for reconsideration, the
original decision shall be set aside and a new decision be rendered accordingly.
Section 9. When the Motion was Filed with Wrong Forum. – When the motion for
reconsideration has been filed with the wrong forum, the same shall be forwarded or remanded as
the case may be, to the appropriate disciplining authority or Hearing Officer for proper
consideration.
Section 10. Appeal, Concept. An appeal may be taken by the party adversely affected by
the decision of the disciplining authorities to seek review of such decisions to be filed within the
period as herein provided.
The right to appeal is a mere privilege and may be exercised only in the manner and in
accordance with these rules. It is neither a natural right nor a part of due process of law.
Section 11. Where to Appeal. – An appeal may be taken, as prescribed in these rules,
from all decisions of disciplining authorities:
a. In cases decided by the Regional Directors, to the Chief, Bureau of Jail Management
and Penology; and,
b. In cases decided by the Chief, BJMP, to the Secretary, Department of the Interior and
Local Government.
In any case, when the appeal was denied by the Chief, BJMP, it may be initially appealed
to the Secretary, DILG and finally appealed to Civil Service Commission proper. Similarly when
the appeal was denied by the Secretary, DILG, the same may be reviewed by the Civil Service
Commission proper.
Section 12. Perfection of Appeal. – An appeal under this rule shall be perfected within
fifteen (15) days after the receipt of a copy of the decision, or denial of motion for reconsideration,
by filing with the disciplining authority which decided the case a notice of appeal, serving copies
thereof upon the prevailing party and the appellate authority.
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The period for perfecting an appeal shall be interrupted from the time a timely motion for
reconsideration is filed until a notice of the order denying the motion shall have been served upon
the movant or his counsel. If a motion for reconsideration is denied, the movant shall have the
right to perfect his appeal during the remainder of the period for appeal, reckoned from the receipt
of the order of denial.
Section 13. Notice of Appeal. – A notice of appeal shall be filed with the disciplining
authority which decided the case, who shall forthwith forward the records of the case together
with the notice of appeal, to the appellate authority within fifteen (15) days form the filing of the
notice of appeal, with its comment, if any.
The notice of appeal shall specifically state the date of the decision appealed from and the
date of receipt thereof. It shall also specifically set forth clearly the grounds relied upon. Failure to
do so may cause the dismissal of the appeal.
Section 14. Appeal Memorandum. – Where a notice of appeal is filed within the
reglementary period, the appellant shall submit his appeal memorandum together with the certified
true copy of the decision, resolution and appropriate implementing order appealed from together
with other supporting documents within ten (10) days from the date of said notice was filed, with
the appellate authority. In said appeal memorandum, it shall contain a concise statement of the
issues involved and the grounds relied upon for the appeal. Copies of the appeal memorandum
shall be served upon the disciplining authority which decided the case and all parties of record.
Failure to comply with the above requirements within the reglementary period shall be
construed as failure to perfect an appeal and shall cause its dismissal.
Section 15. Execution Pending Appeal. – An appeal shall not prevent a decision from
becoming immediately executory, except when the penalty imposed is dismissal from the service
which requires confirmation by the Chief, BJMP or the Secretary, DILG as herein provided. The
respondent shall be considered as having placed under preventive suspension during the pendency
of an appeal. However, in the event the appeal results in his exoneration, he shall be paid his salary
and allowances during the pendency of the appeal.
Section 16. Computation of the Prescriptive Period. – In the computation of the period
of time, the first day shall be excluded and the last day included unless it be a Saturday, a Sunday
or a legal holiday, in which case, the period shall run until the end of the next day which day is
neither a Saturday, a Sunday or a legal holiday.
Section 17. Appellate Powers of the Appellate Authority. – Based on the pleadings
submitted by both appellant and appellee, the appellate authority may affirm, modify or reverse
the decision of the disciplining authority who rendered the same. In case of reversal, the appellate
authority may decide the case on its merits or otherwise remand the same to the disciplining
authority concerned for further proceedings.
Section 18. Effect of Appeal by any of Several Respondents. – An appeal taken by one
or more respondent shall not affect those who did not appeal, except insofar as the judgment of
the appellate authority is favorable and applicable to the latter.
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Section 19. Finality of the Decision of Appellate Authority. – In any case, the decision
of the Appellate Authority shall become final and executory fifteen (15) days after the receipt by
the parties of a copy thereof.
Section 21. Proof of service of Copies of the Appeal or motion for reconsideration
and other Pleadings to the other party. – The appellant or the movant shall serve to the other
party copies of his notice of appeal and appeal memorandum, as well as such other motions or
pleadings, and he shall submit to the appellate authority proof of service thereof. The other party
on the otherhand shall submit to the appellate or disciplining authority, his comments or
objections to the appeal or motion of the appellant/movant within ten (10) days from receipt
thereof.
Section 23. When Motion or Appeal Deemed Filed. – In any case, a motion for
reconsideration or appeal is deemed filed when sent by registered mail on the date shown by the
postmark stamped to the envelop of the record of the case, and in case of personal delivery, the
date of receipt by the disciplining authority or by the Hearing Officer concerned.
RULE XI
JUDICIAL REMEDIES
Section 1. Judicial Review. – Any party aggrieved or adversely affected by the decision
of the appellate authority may elevate the decision of the appellate authority to the courts as
provided for under the existing rules and laws. The action for judicial review may be brought
against the appellate authority, of its officers, and all indispensable and necessary parties.
Judicial remedy however shall be taken when all the necessary administrative remedies has
been exhausted.
Section 2. Judicial Review, How Taken. – Appeal from an appellate authority’s decision
shall be perfected by filing with the latter fifteen (15) days from receipt of the copy thereof, a
notice of appeal, and with the reviewing court a petition for review of the decision. Copies of the
petition shall be served upon the authority whose decision is complained of and all parties on
record. The petition shall contain concise statement of the issues involved and the grounds relied
upon for the review; and shall be accompanied with a true copy of the decision appealed from,
together with copies of such material portions of the records as are referred to therein and other
supporting papers, the petition shall be under oath and shall show, by stating the specific material
dates, that it was filed within the period fixed in this rules.
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Section 3. Perfection of the Petition for Review.- The petition for review shall be
perfected within fifteen (15) days from receipt of the decision appealed from. If a motion for
reconsideration has been filed and the motion is denied, the movant shall perfect his appeal during
the remaining period for appeal reckoned from the receipt of the decision of denial. If the decision
is reversed on reconsideration, the appellant shall have fifteen (15) days from receipt of the
decision or reversal to perfect his appeal.
Section 4. Where to File Petition for Review.- The petition for review shall be filed court
specified by the statue, or in the absence thereof, in any court of competent jurisdiction in
accordance with the provisions of the Rules of Court.
Section 5. How Review Shall be Taken. – Review shall be made on the basis of the
record taken as a whole. The findings of fact of the Hearing Officer and/or the disciplining
authority when supported by substantial evidence shall be final except when specifically provided
otherwise by law.
Section 6. Transmittal of Record.- Within fifteen (15) days from the service of the
petition for review, the appellate authority or disciplining authority as the case may be, shall
transmit to the court the original or a certified copy of the entire records of the proceeding under
review. The record to be transmitted may be abridged by agreement of all parties to the
proceedings. The court may require or permit subsequent correction or additions to the record.
RULE XI
Section 1. Creation and Composition. – There shall be created the Office of the Legal
Affairs (OLA) based at the BJMP National Headquarters within one (1) month after approval of
this BJMP Administrative Disciplinary Machinery. It shall be composed of bureau lawyers headed
by the Chief, Legal Service to be assisted by three (3) assistants for Luzon, Visayas, and Mindanao.
Section 2. Duties and Function. – The Office of the Legal Affairs may provide free legal
assistance and representation to any personnel of the Jail Bureau, who cannot afford the services
of private lawyers facing charges before the prosecutor’s office, courts, and administrative bodies
and with the Office of the Hearing Officer of the Jail Bureau, for any offense arising from or
connected with the performance of their duties.
The office may further provide para-legal assistance to any detainee confined in any jail
who cannot afford the services of a private counsel.
For this purpose, bureau lawyers designated as such shall be entitled to honoraria,
transportation allowances, and per diem during their appearance before the prosecutor’s office,
courts, administrative bodies or any tribunal.
Section 3. Inhibition. – Lawyers who were designated as Hearing Officers to which the
administrative aspect of the offense was filed including those who already took cognizance of the
case shall be prohibited from representing the personnel from all other aspect of the case in any
other forum.
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RULE XII
FINAL PROVISIONS
Section 1. Repealing Clause. – All rules and regulations and other issuances, or portions
thereof, inconsistent with these Rules and Procedures are hereby repealed or modified accordingly.
Section 2. Separability Clause. – In the event that any of the provisions of these Rules is
declared illegal, the validity of the other provisions shall not be affected by such declaration.
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BOOK II
OPERATIONS
Chapter 1
Safekeeping Functions
RULE I
COMMITMENT AND CLASSIFICATION OF
PRISONERS OR DETAINEES
A person can be committed to jail only upon the issuance of an appropriate order by a competent court or
authority so mandated under Philippine laws. This Rule enumerates these courts and authorities, and
classifies inmates according to the conditions for their commitment.
a. Supreme Court
b. Court of Appeals
c. Sandiganbayan
d. Regional Trial Court
e. Metropolitan/Municipal Trial Court
f. Municipal Circuit Trial Court
g. Congress of the Philippines
h. All other administrative bodies or persons authorized by law to arrest and commit a
person to jail.
Section 2. CATEGORIES OF INMATES – The two (2) general classes of inmates are:
a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one
(1) day to death.
b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and
one (1) day to three (3) years.
c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years.
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6)
months.
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Section 4. CLASSIFICATION OF DETAINEES – The three (3) types of detainees
are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and,
c. Awaiting final judgment.
a. Commitment Order
b. Medical Certificate
c. Complaint/Information
d. Police Booking Sheet
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RULE II
RECEPTION PROCEDURES,
CLASSIFICATION AND DISCIPLINARY BOARDS AND
PUNISHABLE ACTS OF INMATES
One of the Guiding Principles of the United Nations Standard Minimum Rules for the Treatment of Prisoners
states that “Imprisonment and other measures which result in cutting off an offender from the outside world are
afflictive by the very fact of taking from a person the right of self-determination by depriving him/her of his/her
liberty. Therefore, the prison system shall not, except as incidental to justifiable segregation or the maintenance
of discipline, aggravate the suffering inherent in such a situation”. Hence, a well-planned and organized
reception of detainees is critical to achieving this. The inmate’s first impression of the correctional process greatly
influences his/her attitude and behavior toward the custodial and rehabilitative regimens he/she must undergo
during confinement and perhaps, to some extent, affect his/her outlook and adjustment after his/her release.
This Rule provides guidance on the reception and disciplinary aspects of jail management.
a. The jail Desk Officer carefully checks the credentials of the person(s) bringing in the
inmate to determine his/her/their identity and authority. The Officer also ascertains
from the person(s) that all law enforcement procedures, including the verification for
standing warrant/criminal record of the arrested person before physical presentation
in court, must have been undertaken prior to the inmate’s transfer/commitment to the
jail.
It is understood therefore that other standing warrants must have been served when a
person is admitted for jail custody.
b. The jail Desk Officer carefully examines the arrest report and the authenticity of the
commitment order or mittimus in due form to determine whether the inmate has been
committed under legal authority as provided for by Section 3, Rule XIII of the Rules
of Court.
d. The admitting jail officer takes all cash and other personal property from the inmate,
lists them down on a receipt form in duplicate, duly signed by him/her and
countersigned by the inmate. The original receipt should be kept for the record and
the duplicate copy should be given to the inmate.
e. All cash and other valuables of the inmate must be turned over to the Property
Custodian for safekeeping and covered by official receipts.
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g. The admitting jail officer accomplishes a jail booking report attaching thereto the
inmate’s photograph for reference.
h. The newly admitted inmate shall be thoroughly strip-searched. His/her clothing shall
also be carefully examined for contraband. He/she is then checked for body vermin,
cuts, bruises and other injuries, and for needle marks to determine if he/she is a drug
dependent.
i. The Jail Medical Personnel or the Local Health Officer immediately conducts a
thorough medical examination of the inmate.
j. When it is not possible for the Jail Medical Personnel to be in attendance during the
inmate’s admission, the receiving officers shall observe the mental alertness, overall
appearance, physical abnormalities, rashes, scratches or other identifying marks of the
individual and note them down in the inmate’s jail booking report. The offender
observed to be suffering from any contagious disease is immediately isolated.
l. Upon commitment, the inmate should be briefed or oriented on the jail rules and
regulations by the Chief Custodial Officer or the Officer of the Day prior to
classification and segregation.
m. The sentenced inmates shall be provided with jail clothing. His/her personal clothing
should be properly received, cleaned and stored safely until his/her release. The
detainee, for his/her own safety, may be allowed to wear civilian clothes.
In the case of a detainee, the record shall indicate the Criminal Case number in the trial
court where the case is pending; or the Case number in the Appellate Court if the case
is on appeal and the status of the appeal; or the reason for his/her detention.
p. The detainee should be issued all the materials that he/she will be using during his/her
confinement, if such materials are available.
q. Upon receipt of a detainee, he/she shall be apprised, preferably in the dialect which
he/she understands, that under Article 29 of the Revised Penal Code, as amended by
Republic Act No. 6125, his/her preventive imprisonment shall be credited in the
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service of his/her sentence, consisting of deprivation of liberty for the whole period
he/she is detained if he/she agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners; Provided, that he/she is not a
recidivist, or has not been previously convicted twice or more times of any crime; and
when, upon being summoned for the execution of his/her sentence, he/she
surrendered voluntarily.
r. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted
inmates, he/she shall be asked to sign a Detainee’s Manifestation. Otherwise, the
Warden issues a Certification under oath to the effect that the detainee was apprised
of the provisions of Article 29 of the Revised Penal Code, as amended, and that the
detainee refused to abide by the rules imposed upon convicted inmates.
t. A detainee who is covered by a Certification is not required to work but he/she may
be made to clean his/her cell and perform such other work as may be necessary for
hygienic or sanitary reasons. He/she shall be credited with the service of his/her
sentence with four-fifths (4/5) of the time during which he/she was detained.
u. The Warden submits the Detainee’s Manifestation or Certification as the case may be,
to the proper court before the date set for the arraignment of the inmate and the same
shall form part of the records of the case.
The same procedure shall be followed with respect to all accused persons who have
been convicted but whose cases are pending appeal before a higher court. The
Detainees Manifestation or Certification as the case may be, shall form part of the
records of the case.
v. Full credit for the preventive imprisonment shall commence from the date of the
Detainee’s Manifestation.
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a. Facts and data of the present case;
b. Earlier criminal history and if he/she is a recidivist or habitual delinquent, the facts
about his/her attitudes and behavior while confined in other institutions;
d. Medical History;
The inmate is required to appear before the Classification Board for a frank discussion
concerning his/her strengths and weaknesses. After this, he/she is informed of the program
planned for him/her. He/she is asked if he/she is willing to undergo this program for his/her
own good. If necessary, the Board will see to it that the program planned for the inmate is
followed.
If the above composition is not feasible because of personnel limitations, the Warden shall
perform the Board’s functions as a Summary Disciplinary Officer.
a. Reprimand;
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e. Close confinement in a cell, provided that this punishment shall be imposed only in
the case of an incorrigible inmate, when other disciplinary measures had been proven
ineffective; and,
f. Transfer to another BJMP jail in the area, in coordination with the Court.
a. No female inmate shall be subjected to any disciplinary punishment which might affect
her unborn or nursing child.
b. No infirm or handicapped inmate shall be meted out punishment which might affect
his/her health or physical well-being.
d. Whenever the penalty of extra-fatigue duty or solitary confinement imposed may affect
the health of the inmate, he/she shall be made to undergo medical examination to
determine his/her physical fitness to serve his/her punishment.
e. When necessary, the Jail Physician shall visit the inmates undergoing punishment when
necessary and shall advise the Warden if he recommends the termination of the
punishment on grounds of physical or mental health.
f. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be
applied as a form of punishment. They shall only be used as a precaution against escape
and on medical grounds to prevent an inmate from injuring himself or others.
a. The aggrieved inmate informs any member of the custodial force of the violation; the
latter in turn, officially reports the matter to the Desk Officer. If one of the jail
employees knows the violation committed by the inmate, a brief description shall be
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made of the circumstances surrounding or leading to the reported violation and all
facts relative to the case;
b. The Desk Officer simultaneously informs the Warden and shall immediately cause the
investigation. He/she shall submit to the Warden his/her report together with his/her
recommendations;
c. The Warden evaluates the report and if he/she believes that there is no sufficient
evidence to support the alleged violation, he/she shall dismiss the case. If he/she
believes that sufficient evidence exists, he/she shall decide the case and impose the
necessary penalty in case of minor violations. If the offense is less grave or grave,
he/she shall endorse it to the Disciplinary Board for hearing or decide it him/herself
as a Summary Disciplinary Officer if there is no Disciplinary Board;
d. The inmate shall be confronted of the reported violation and asked how he/she pleads
to the charge. If he/she admits the violation or pleads guilty, the Board or the Warden,
as the case may be, shall impose the corresponding punishment;
e. If the inmate denies the charge, the hearing shall commence with the presentation of
evidence and other witnesses by the Desk Officer. The inmate shall then be given the
opportunity to defend him/herself by his/her testimony and those of his/her
witnesses, if any, and to present other evidences to prove his/her innocence;
g. Whether the inmate is found guilty or not, he/she should be advised to obey the rules
and regulations strictly and be reminded that good behavior is indispensable for
his/her early release and/or the granting of privileges; and,
h. Decisions of the Board or Summary Disciplinary Officer are subject to review and
approval by the Warden and/or higher authority, respectively. The inmates may
request a review of the findings of the Board or Summary Disciplinary Officer and the
propriety of the penalty from the National Headquarters, BJMP, whose decision shall
be final.
a. MINOR OFFENSES:
1) Selling or bartering with fellow inmate(s) those items not classified as contraband;
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6) Taking the cudgels for or reporting complaints on behalf of other inmates;
4) Behaving improperly or acting boisterously during religious, social and other group
functions;
8) Failure to stand at attention and give due respect when confronted by or reporting
to any BJMP personnel;
9) Forcing fellow inmates to render personal service for him/her and/or to others;
10) Exchanging uniforms or wearing clothes other than those issued to him/her for
the purpose of circumventing jail rules;
12) Using the telephone without authority from the Desk Officer/Warden;
16) Absence from cell, brigade, place of work during headcount, or at any time without
justifiable reason; and,
17) Failure to turn over any implement/article issued after work detail.
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c. GRAVE OFFENSES
2) Keeping or concealing keys or locks of places in the jail which are off-limits to
inmates;
12) Escaping, attempting or planning to escape from the institution or from any guard;
14) Fighting, causing any disturbance or participating therein and/or agitating to cause
such disturbance or riot;
20) Affiliating with any gang or faction whose main purpose is to foment regionalism
or to segregate themselves from others;
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21) Failing to inform the authorities concerned when afflicted with any communicable
disease, such as tuberculosis, sexually-transmitted diseases, etc.;
23) Committing any act which is in violation of any law or ordinance, in which case,
he/she shall be prosecuted criminally in accordance with law; and,
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RULE III
TREATMENT OF INMATES WITH SPECIAL NEEDS
The United Nations Standard Minimum Rules for the Treatment of Prisoners provides that “so far as possible,
separate institutions or separate sections of an institution shall be used for the treatment of the different classes
of prisoners”. The BJMP has adhered to this principle since its creation; however, the rise in criminality in
recent years, coupled with the passage of more stringent laws (especially for drug-related offenses) and the adoption
of better crime solution methods, resulted in a marked increase in inmate population in BJMP detention centers.
The lack of funds to expand existing jails or to build new ones aggravates the situation. This Rule, therefore,
provides guidance to Wardens and Jail Officers on how to treat unusual inmates with special needs, given the
limited resources.
Section 1. BASIC POLICY – As a general rule, inmates with special needs should not
be held in jails with other “regular” inmates. For example, female inmates should be confined in
institutions that are separate from those used for males. However, given the reality of budget
constraints, increasing inmate population, insufficient facilities and inadequately-equipped
detention homes, Wardens and Jail Officers shall endeavor to provide the best arrangement they
can for such inmates, in keeping with this Rule. It is assumed that the inmates have been properly
evaluated and classified for this purpose.
a. Female
1) The female quarters should be fully separated from the male quarters;
2) In larger jails, a female personnel may be designated to keep the keys to the female
quarters and make the same available at any time;
4) Only work suitable to their age and physical condition should be assigned to female
inmates.
b. Drug Users/Dependents/Addicts
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4) Appropriate measures should be taken to enable inmates to follow strictly the jail
physician’s advice regarding diet and other medical interventions/treatments
during the withdrawal period; and,
5) Conduct a regular search of the inmate’s quarters and maintain constant alertness
to prevent the smuggling of narcotics and other dangerous drugs.
c. Alcoholics
1) Place alcoholics in quarters separate from other inmates and maintain close
supervision to guard against suicide attempts;
3) Exercise close supervision to guard against the smuggling of liquor and other
intoxicating drinks or products containing alcohol.
d. Mentally-ill
1) The mentally-ill should be under the close supervision of a jail medical personnel;
2) Place the mentally-ill in separate cells and special restraint rooms provided for
violent cases;
e. Sex Deviates
2) Other sex deviates should be separated from other inmates for close supervision
and control.
f. Suicidal Inmates
2) Search their quarters and premises for tools/materials that can be used for suicide;
and,
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g. The Handicapped, Aged and Infirmed
1) These inmates should be housed separately and closely supervised to protect them
from maltreatment or abuse by other inmates; and,
2) Special treatment should be given to these inmates who shall be required to work
in accordance with their physical capabilities for their own upkeep and to maintain
the sanitation of their quarters and surroundings.
1) The Warden shall report in writing to the Bureau of Immigration and the respective
embassies of the detained foreigners the following:
a) Name of Jail
b) Name of Foreigner
c) Nationality and the number of his/her Alien Certificate of Registration, if any
d) Age/Sex
e) Offense Charged
f) Case Number
g) Court/Branch
h) Status of Case
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RULE IV
CUSTODY, SECURITY AND CONTROL,
EMERGENCY PLANS, MOVEMENT AND TRANSFER
OF PRISONERS AND DETAINEES
Jail management and penology is concerned with the humane safekeeping and development of inmates. Effective
custody ensures that inmates are well-secured in all areas of the detention facility and properly escorted when
attending their court hearings and other authorized/lawful destinations. This Rule focuses on effective
safekeeping.
a. Conduct regular briefing for every shift, especially before any member of the custodial
force assumes his/her duty and before the escort personnel leave with inmates for
court hearings and other authorized/lawful destinations;
b. Maintain strict control of firearms. Never permit any firearm inside the jail except in
some areas where firearms are authorized;
d. Maintain a system of key control. Never permit the inmates to handle keys;
e. Secure firearms and anti-riot equipment in the armory where they can be within easy
reach of jail officers and yet afford maximum security against access by inmates;
f. Supervise the proper use of tools and other potentially dangerous articles such as
bottles, acids, kitchen knives, etc., and keep them out of any inmate’s reach when not
in use;
g. Conduct regular inmates count, at least four (4) times within a 24-hour period.
Establish procedures which will ensure beyond doubt, that every inmate is physically
present or accounted for, at every count;
h. Conduct frequent surprise searches of inmates and their quarters to detect contraband;
k. Develop plans dealing with emergencies like escapes, fires, assaults and riots. Make
these plans known and understood by jail personnel;
l. Never allow gay and lesbian jail officers to perform search and custodial functions;
m. Never allow a jail officer to render successive shifts of duty except in cases of
emergencies;
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n. Designate a gate supervisor for every shift who will be made administratively
responsible and accountable for the daily activities at the entrance gate of jails;
o. Never allow a jail officer to open the inmates’ quarters alone. At least one (1) other
jail officer should be present; and,
p. Select carefully the inmates to be assigned as jail aide and maintain rigid control over
their activities. No inmate should be allowed to assume any authority which belongs
to jail personnel or to exercise authority, supervision and control over other inmates.
Section 2. INMATES COUNT – It is imperative that at specified times during each 24-
hour period, all inmates are physically counted. For this type of count, the general procedures are
as follows:
b. During the count, ensure that all movements of inmates cease until the count is
completed;
c. The count must be accurate. Make a positive verification to ascertain that the inmates
are physically present. Counting a man on the basis of seeing any part of his clothing,
hair or shoes is not a good counting procedure;
d. Submit a report of each count of a group of inmates to the Warden and/or Deputy
Warden; and,
e. If the total jail count does not tally with the total jail population at any given time,
conduct a recount. Render an immediate report to the Warden and/or Deputy Warden
for any unaccounted inmate.
Section 4. DINING ROOM SECURITY – For jail facilities that have separate dining
or mess halls, the following shall be observed:
b. Inmates shall march in a column along designated routes under the supervision of one
or two jail personnel. Station other officials along the route to direct the orderly
movement of inmates to and from the mess hall;
c. Food service supervisor shall be present during meals to handle any complaints;
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d. After meals, inmates shall be responsible for the cleanliness and orderliness of the mess
hall. This shall be strictly supervised by jail personnel to ensure that no utensils are
brought out of the dining room; and,
e. Check and account for all forks, spoons and other kitchen utensils after every meal.
a. Mail shall not be distributed to the inmates until an authorized jail personnel have
examined it in the presence of other inmates as witness;
b. Letters containing currency, checks or money shall be marked with the amount
enclosed and deposited with the Jail Property Custodian. The receiving officer shall list
down the amount received on a receipt form in duplicate. The original receipt signed
by the receiving officer shall be kept for the record and the duplicate copy shall be
given to the inmate for his/her information;
c. Bring to the Warden’s attention any correspondence that does not conform to
regulations or are detrimental to security, order and discipline of the jail;
d. In the censoring of mail, jail slang, unusual nicknames and sentences with double
meanings should be carefully studied and analyzed to determine the real meanings;
e. All letters passed by censors should bear the censor’s stamp at the top of each page
and on the envelope. The letter should be placed back in the same envelop and
resealed;
f. A listing of mail for inmates should be properly posted in a conspicuous place. A copy
of such listing will also form part of the records of the jail;
g. If the inmate fails to claim his/her letter within twenty four (24) hours after it has been
posted, the mail shall be delivered to them;
h. Do not discuss the contents of inmates’ mail with other jail personnel, except for
official purposes; and,
i. All outgoing mails shall pass through the normal mail facility of the jail subject to the
usual censorship.
Section 6. EMERGENCY PLANS – Emergency plans for both natural and man-made
calamities and other forms of jail disturbances shall be formulated to suit the physical
structure and other factors peculiar to every jail, such as:
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Natural Calamities Man-made Calamities/Disturbances
a. Fire a. Riot
b. Flood b. Jailbreak
d. Tsunami d. Hostage-taking
e. Landslide e. Epidemics
h. Others h. Bombing
i. Power failure
j. Water shortage
k. Others
a. Subject to the conditions set forth by the succeeding Sections, an inmate may be
brought out from a jail in any of the following instances:
3) To view with leave of court the remains of a deceased relative within the second
degree of affinity or consanguinity; and,
b. An inmate may be transferred to another institution only upon specific Order of the
Court having jurisdiction over him/her, except in cases of serious illness where
hospitalization is necessary, and the detainee has to be immediately taken to the nearest
hospital, with the Court subsequently notified.
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on the first hour of the following working day, the Court concerned must be informed
of the said transfer.
d. For those inmates who wish to view the remains of a deceased relative, leave of court
shall first be obtained. However, the Warden may request reconsideration from the
court to recall and disapprove said order under any of the following grounds:
3) The detainee is classified as high risk/high profile and the jail has inadequate
resources to ensure his/her safety and security.
e. Before leaving the jail for the authorized destination, the inmate shall turn over to the
Warden such amount that may be necessary to pay for his transportation and meal
expenses and those of the jail officers escorting him.
a. The responsibility for the security of the inmate being moved/transferred shall remain
with the custodian until received by another custodian. Whenever possible, transfers
shall be made during the day. Any movement or transfer of inmates shall be treated
confidentially.
b. Prior to movement/transfer, all jail officers shall be given detailed instructions on their
duties and responsibilities, to include specific instructions that the most direct route to
the destination must be followed.
d. Before any movement/transfer, all inmates shall be inspected and searched for
dangerous weapons or objects which may be used for escape or self-destruction.
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e. As a general rule, inmates under escort shall always be under the watchful eye of the
jail officer. The jail officer shall always be close enough to the inmate being escorted
to be able to respond effectively in case of emergency.
2) Always ascertain that the inmate does not have crippled, deformed or very small
hands that will allow him/her to “slip” the handcuffs off;
4) Adjust the cuffs properly for tightness to avoid the need of adjustment while en
route;
6) A jail officer shall always walk one step behind and never in front of an inmate.
The inmate shall always precede the jail officer into an automobile;
7) A jail officer shall be extra careful not to sit, stand or walk next to an inmate while
carrying a gun, as it can be easily grabbed from him;
8) Stopping along the highway while in transit is highly discouraged, especially when
moving/transporting inmates by vehicle hired solely for the purpose; and,
9) Personal vehicle of the inmates shall not be used for their movement/transfer.
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RULE V
RIGHTS, PRIVILEGES AND MISCELLANEOUS PROVISIONS
In May 1984, the United Nations Economic and Social Council approved the procedures for the effective
implementation of the Standard Minimum Rules for the Treatment of Prisoners. The UN Rules, containing
95 provisions that range from separation of inmate categories to medical services to education and recreation,
sought to set out “what is generally accepted as being good principle and practice in the treatment of prisoners
and the management of institutions”. The Council acknowledges, however, that the application of the UN
Rules may vary depending on the legal, social, economic and geographical conditions of each country. This Rule
is derived from the letter and intent of the UN Rules.
c. The right to adequate food, space and ventilation, rest and recreation;
h. The right to separate detention facilities or cells particularly for women inmates; and,
b. To write letters, subject to reasonable censorship, provided that expenses for such
correspondence shall be borne by them;
c. To receive visitors during visiting hours. However, visiting privileges may be denied
in accordance with the rules and whenever public safety so requires;
d. To receive books, letters, magazines, newspapers and other periodicals that the jail
authorities may allow;
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e. To be treated by their own doctor and dentist at their own expense upon proper
request from and approval by appropriate authorities;
h. To sport hair in their customary style, provided it is decent and allowed by the jail rules;
i. To receive fruits and prepared food, subject to inspection and approval by jail officials;
j. To read books and other reading materials available in the library, if any;
k. To maintain cleanliness in their cells and brigades or jail premises and perform other
work as may be necessary for hygienic and sanitary purposes; and,
1) Service of sentence
3) Parole
4) Pardon
5) Amnesty
b. Before an inmate is released, he/she shall be properly identified to ensure that he/she
is the same person received and will be released. His/her marks and fingerprints shall
be verified with those taken when he/she was received. Any changes or differences in
his/her distinguishing marks and scars shall be investigated to ascertain his/her real
identity in order to prevent the mistaken release of another person.
d. Upon proper verification from the court of the authenticity of the Order, an inmate
shall be released promptly and without unreasonable delay.
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e. Under proper receipt, all money earned and other valuables held in trust when first
admitted, shall be returned to the inmate upon release.
f. The released inmate shall be issued a Certification of Discharge from jail by the Warden
only.
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Chapter 2
Inmates Welfare and Development Functions
RULE I
INMATES WELFARE AND DEVELOPMENT PROGRAM
a. The IWDP should be in accordance with the accepted social norms and ethical standards
as stipulated in the “UN Standards in the Treatment of Inmates”, state laws, and code
of ethics;
e. All inmates have equal opportunities to avail of the program regardless of age, race,
gender, belief, etc.;
k. The inherent worth, dignity, health and safety of inmates must be respected at all times;
l. Every inmate is unique and complex being with different developmental needs that
require an individual approach;
m. Inmates must be treated humanely; they do not become less of a person because of the
condition they are in;
n. Every inmate has the capacity for change, growth, and development;
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p. The IWD Officer is a change agent; and,
Section 3. IWD SERVICES AND ACTIVITIES – The following are the IWD services
and activities:
a. Provisions for Basic Needs - Subsistence such as food, clothing, hygienic supplies,
etc.;
f. Visitation Services / Activities - Promotes moral and social supports to the inmates;
Section 4. Adoption of Therapeutic Community Modality – The BJMP shall adapt the
Therapeutic Community Modality program as a model in the implementation of the IWDP.
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BOOK III
LOGISTICS
RULE I
PROCUREMENT OF INFRASTRUCTURE PROJECTS,
GOODS AND CONSULTING SERVICES
Governing laws, rules and regulations prescribe that all procurement of infrastructure projects, goods and
consulting services in the government agencies shall be in accordance with the provisions of the Republic Act
No. 9184 otherwise known as the “Government Procurement Reform Act”.
3.2 Acceptance Committee for Goods and Consulting Services – shall be composed
of a Chairman, who is at least a third ranking official of the accepting entity; and
at least three (3) members who has knowledge, experience and/or expertise on the
goods and service being accepted.
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RULE III
CUSTODIANSHIP OF BJMP PROPERTIES
1.1 The Chief, BJMP is primarily responsible for all government funds and properties
pertaining to the agency; and,
1.2 Persons entrusted with the possession or custody of the funds or properties under
the Chief, BJMP shall be immediately responsible to him/her without prejudice
to the liability of either party to the government (Sec. 102, PD 1445; Sec. 51, Sub-
Title B, Book V, 1987 Adm. Code).
Any BJMP property issued by the BJMP Supply/Property Officer for official use of BJMP
officials and employees in the NHQ, JNTI, and/or DILG shall be covered by Memorandum
Receipts for Equipment (MR) or Acknowledgment Receipt for Equipment (ARE); while issuance
to the Regional level shall be covered by Invoice Receipt for Property (IRP) to be signed by the
duly designated Regional Accountable Supply Officers (RSAO). But in the exigency of the service,
issuance of equipment intended for official use of various units in the regional level can be drawn
by duly authorized official/employee in case to case basis who shall affix his/her signature in the
MR/ARE and a copy of the MR/ARE shall be forwarded to the RSAO concerned who in turn
signs the prepared IRP covering issuance.
3.1 Once an equipment, to include firearms and vehicles, was issued by the
Supply/Property Officer to respective end-users, the accountability, responsibility
and safekeeping thereof is now lodged in them having the actual possession or
custody of such property. Moreover, the ultimate end-user is liable for its money
value in case of improper or unauthorized use or misapplication thereof, by
themselves or by any person for whose acts they maybe responsible. Likewise, they
shall be liable for all losses, damage or deterioration occasioned by negligence in
the keeping or use of the property, whether or not it be at the time of their actual
custody.
3.2 The use of any BJMP property by officials and employees is authorized only while
in active service in the BJMP, JNTI and/or DILG. Henceforth, such authority
ceases after termination of his/her government service, particularly the branch of
service where at the time of issuance was made. The Chief, BJMP or his duly
authorized representative may, at anytime, deem necessary in the exigency of
service, recall or demand the immediate return of BJMP property already issued.
Failure on the part of the concerned official or employee accountable thereof, shall
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be prima facie evidence that he/she has put such property to personal use,
therefore, shall be dealt with accordingly.
Due care shall be exercised in the use of BJMP equipment, firearms and vehicles.
a. “Due care” refers to the amount of care and attention which an official or employee
would reasonably give to his/her personal property, considering all the attending
circumstances.
b. If an equipment is used by several persons, the Chief of the Office/Unit shall designate
one of them to be responsible for its proper care and upkeep.
Government equipment which becomes unserviceable through causes other than fair wear
and tear, for instance, by accident or negligence of employees shall be promptly reported to the
Auditor with the recommendation of the Chief of the Bureau or Office concerned as to the
responsibility therefor and action to be taken. The equipment may at once be restored to its normal
state of efficiency by making repairs while the matter of fixing the responsibility is being
determined.
Section 6. Credit for loss occurring in transit or due to calamity or force majeure
When a loss of government property occurs while they are in transit or the loss is caused
by fire, theft, or other calamity of force majeure, the officer accountable therefor or having custody
thereof shall immediately notify the Commission on Audit or auditor concerned and within thirty
(30) days or such longer period as the Commission on Audit or auditor may in the particular case
allow, shall present his application for relief, with the available supporting evidence. Whenever
warranted by the evidence, credit for the loss shall be allowed. An officer who fails to comply with
this requirement shall not be relieved of liability or allowed credit for any loss in the settlement of
his accounts (Sec. 73, PD 1445).
The request for relief shall be supported by the following documents whichever are
applicable:
1.. Affidavit executed by the accountable officer starting the following facts:
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2. Joint Affidavit of two (2) disinterested persons cognizant of the facts and circumstances
about the loss. In case it is not possible to obtain the statement of two disinterested
persons and only is available, or none at all, such fact should be set forth in the affidavit
of the person requesting relief, giving the reasons therefor;
3. Final Police Report showing the steps taken by the police authorities to recover the
property lost and to apprehend the suspect(s) and the present status of the case;
8.1 Authority or responsibility for property disposal/divestment – The full and sole
authority and responsibility for the divestment or disposal of property and other aspects owned
by the national government agencies or instrumentalities, local government units and government-
owned and/or controlled corporations and their subsidiaries shall be lodged in the heads of the
departments, bureaus and offices of the national government, the local government units and the
governing bodies or managing heads of government-owned or controlled corporations and their
subsidiaries conformably to their respective corporate charters or articles of incorporation, who
shall constitute the appropriate committee or body to undertake the same (COA Cir. 89-926, Jan27,
1989).
a. Public auction
b. Sale through negotiation
c. Barter
d. Transfer to other government agencies
e. Destruction of condemnation
d. Creation of Committees – the Chief, BJMP shall create appropriate committees in the
implementation of this Rule.
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Final Provisions
Section 2 Effectivity – This BJMP Manual shall take effect upon its approval by the
Secretary of the Department of the Interior and Local Government.
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GLOSSARY
DEFINITION OF TERMS
As used in this Manual, the following terms are defined:
Base Pay - a fixed amount of compensation for regular work rendered, designated in the Salary
Schedule for Uniformed Personnel for all ranks computed on a monthly or annual basis,
excluding fringe benefits and other allowances.
Bilis Aksyon Partner - is the counterpart Action Officer of the Civil Service Commission under
the Mamamayan Muna Program in every agency, pursuant to CSC Memorandum
Circular No. 3, series of 1994.
Career Service - Positions in the civil service characterized by: (1) entrance based on merit and
fitness to be determined as far as practicable by competitive examination or based on
highly technical qualifications; (2) opportunity for advancement to higher career
positions; and (3) security of tenure.
Carpeta - otherwise known as “inmate record or jacket”, it contains the personal and criminal
records of inmates.
City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years.
Commitment Order - a written order of the court or any other competent authority consigning
an inmate to jail or prison for confinement.
Competent Authority - refers to the Supreme Court, Court of Appeals, Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts, Sandiganbayan, Congress of the
Philippines, Commission on Elections, Bureau of Immigration, Board of Pardon and
Parole and other administrative bodies or persons authorized by law to make arrest and
commit a person to jail.
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Conspicuous - Any accomplishment, behavior or deed clearly distinguished beyond superior
performance of normal duties inherent to one’s position and functions.
Contraband - any article, item, or thing prohibited by law and/or forbidden by jail rules that
would pose as security hazards or endanger the lives of inmates.
Deep Selection - the process of selecting a candidate for appointment who is not next-in-rank
but possesses superior qualifications and competence.
Detainee - a person who is accused before a court or competent authority and is temporarily
confined in jail while undergoing or awaiting investigation, trial, or final judgment.
Discrimination - a situation wherein a qualified applicant is not included in the selection line-up
on account of gender, civil status, pregnancy, disability, religion, ethnicity or political
affiliation.
District Jail - a facility or place of confinement for inmates coming from a city or clustered
municipalities who are awaiting or undergoing trial or serving sentence for a term of
one(1) day to three (3) years.
Escape - the act of unlawfully getting out from confinement or custody by an inmate.
First Level Positions - positions that include clerical or trades and craft which involve sub-
professional work in a non-supervisory or supervisory capacity.
Grievance Machinery- is a system or method of determining the best way to address the specific
cause(s) of a grievance.
Heroism - specific act of bravery or outstanding courage or closely related series of heroic acts
performed within a short period of time.
Highly Specialized and Technical Qualification - refers to the field of expertise and special
skills acquired through formal and non-formal schooling/training and experience or
exposure in the field of physical/natural sciences and other disciplines needed by the
BJMP.
Hiring Quota - the predetermined ratio of applicants for appointment to ensure that one gender
does not fall short of the desired percentage of the selection rate for the other gender in
equivalent positions at every level, provided they meet the minimum requirements of the
position.
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Inmates’ Welfare and Development - a program of activity aimed to promote inmate’s self-
respect and sense of responsibility to the community, thereby making him/her a law-
abiding citizen upon release.
Instrument of Restraint - a device, contrivance, tool or instrument used to hold back, keep in,
check or control inmates; e.g., handcuffs.
Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to
death.
Jail - is a place of confinement for city and municipal prisoners, any fugitive from justice, or person
detained awaiting or undergoing investigation or trial and/or transfer to the National
Penitentiary, and/or violent mentally ill person who endangers him/herself or the safety
of others, duly certified as such by the proper medical or health officer, pending transfer
to a mental institution.
Jail Aide - an inmate who requires less supervision than other prisoners. Although he/she may
be assigned special tasks, he/she has no special privileges, and is not allowed to work
alone nor exercise any authority over other prisoners.
Job Requirements - requisites not limited to the qualification standards of the position, but may
include skills, competencies, potential, physical and psychosocial attributes necessary for
the successful performance of the duties required of the position.
Miniatures - replica of medals and ribbons which are authorized to be worn on certain occasions.
Mittimus - a warrant issued by a court bearing its seal and the signature of the judge, directing the
jail or prison authorities to receive inmates for custody or service of sentence imposed
therein.
Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.
Non-Career Service - positions expressly declared by law to be in the non-career service; or those
whose entrance in the service is characterized by: (1) entrance on bases other than those
of the usual tests of merit and fitness utilized for the career service; and (2) tenure which
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is limited to the duration of a particular project for which purpose employment was
made.
Officer - in general, the term officer shall refer to all uniformed personnel of the BJMP; when
referring to ranks, however, the term officer shall refer to those holding the rank of Jail
Inspector and above.
Penology – a branch of criminology dealing with jail management and administration of inmates.
Personnel Actions - any action denoting the movement or progress of personnel in the civil
service such as original appointment, promotion, transfer, reinstatement, reemployment,
detail, reassignment, secondment and demotion.
Promotion – the advancement of an employee from one position to another with an increase in
duties and responsibilities as authorized by law and usually accompanied by an increase
in salary.
Provincial Jail Administrator – refers to the officer duly designated to head the BJMP Provincial
Jail Administrator’s Office to oversee the implementation of jail services of all district,
city and municipal jails within its territorial jurisdiction.
Provincial Prisoner – one who is sentenced to a prison term of six (6) months and one (1) day
to three (3) years.
Qualification Standards – a statement of the minimum qualifications for a position which shall
include education, experience, training, civil service eligibility and physical characteristics
and personality traits required in the performance of the job.
Regional Director – refers to the officer duly designated to head the BJMP Regional Office to
oversee the implementation of jail services within its jurisdiction covering provincial jail
administrator’s offices and district, city and municipal jails, and responsible for the
enforcement of laws and regulations governing its mandated functions.
Regional Office – a BJMP office which has administrative and operational control over its
provincial jail administrator’s offices and district, city and municipal jails.
Safekeeping – the temporary custody of a person for his/her own protection, safety or care; and
that of the community.
Second Level Positions - involve professional, technical and scientific work in a non-supervisory
or supervisory capacity up to Division Chief level or its equivalent; for uniformed
personnel, these include the rank of Jail Officer 1 to Superintendent positions.
Selection - the systematic method of determining the merit and fitness of a person on the basis
of qualifications and ability to perform the duties and responsibilities of the position.
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Selection Line-Up - a listing of qualified and competent applicants for consideration to a vacancy
which includes, but not limited to the comparative information of their education,
experience, training, civil service eligibility, performance rating (if applicable), relevant
work accomplishments, physical characteristics, psycho-social attributes, personality
traits and potential.
Service Medal - awarded to an individual who rendered service with the Bureau under certain
conditions within a definite period of time.
Service Ribbon - a ribbon identical in color with the suspension ribbon of the service medal it
represents, attached to a bar equipped with suitable attaching device. A service ribbon
is issued with each service medal.
System of Ranking Positions (SRP) - the hierarchical arrangement of positions from highest to
lowest, which shall be a guide in determining which position is next-in-rank taking into
consideration the organizational structure, salary grade allocation, classification and
functional relationship of positions and geographical location.
Third Level Positions - generally require a Career Service Executive Eligibility (CSEE), Career
Executive Service Eligibility CES(E) or Career Executive Officer Eligibility. These
include Bureau Director, Bureau Deputy Chiefs, Chief of Directorial Staff, Regional
Directors, Assistant Regional Directors, Directorates, Chiefs of Health and Legal
Services and such other officers of equivalent rank requiring third level eligibility.
Top Management - refers to the BJMP’s Command Group, composed of the Chief, BJMP, the
Deputy Chiefs for Administration and Operations, and the Chief of the Directorial Staff.
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