Ca1 Midterm
Ca1 Midterm
Are institutions for the confinement of persons who are awaiting final
disposition of their criminal cases and also the service of those convicted and
punished with shorter sentences, usually up to three (3) years.
Origin of Jail
The concept of the English jail was brought to the colonies soon after the
settlers arrived from the Old World, the jail was used to detain those awaiting
trial and those awaiting punishment; the stocks and pillory and the whipping
post being located nearby.
2. Ordinary Jail - houses both offenders awaiting court action and those
serving short sentences usually up to three (3) years.
3. Work Houses - jail farm or Camp-houses minimum custody offenders serving
short sentences with constructive work programs.
1. Municipal Jail
2. City Jail
3. District Jail
4. Provincial Jail
The Bureau of Jail Management and Penology also referred to as the Jail
Bureau was created pursuant to Section 60, RA 6975, and initially consisting of
uniformed officers and members of the Jail Management and Penology Service
as constituted under PD 765.
The Bureau of Jail Management and Penology supervises and controls all
district, city and municipal jails nationwide.
The Jail Bureau shall direct, supervise and control the administration and
operation of all district, city and municipal jails to affect a better system of jail
management nationwide.
The Jail Bureau shall exercise supervision and control overall district, city
and municipal jails to ensure: a secured, clean, sanitary, and equipped jail for
the custody and safekeeping of city and municipal prisoners, any fugitive from
justice or persons detained awaiting investigation or trial and/or transfer to the
National Penitentiary, and any violent, mentally-ill person who endangers
himself or the safety of others.
The Jail Bureau shall be composed of city and municipal jails, each
headed by a city or municipal jail warden: Provided that in case of large cities
municipalities, a district jail with subordinate jails headed by a District Jail
Warden may be established as necessary.
The BJMP shall be headed by a Chief who shall be assisted by two (2) deputy
chiefs, one (1) for administration and one (1) for operation, all of whom shall
be appointed by the President upon the recommendation of the Secretary of
DILG from among the qualified officers with at least the rank of senior jail
superintendent.
Notes:
In no case shall any officer who has retired or to be retired with six(6)
months from his/her compulsory retirement age be appointed as Chief
of Jail Bureau.
The chief of Jail Bureau shall serve a tour of duty not to exceed four (4)
years.
BJMP is under the Department of Interior and Local Government
4. Inmates are human beings entitled to the same basic rights and privileges
enjoyed by citizens in a free society, except that the exercise of these rights are
limited or controlled for security reasons.
Note:
11. Members of the custodial force must understand that inmates need
treatment and counseling and the primary purpose of confinement is for
safekeeping and rehabilitation.
12. When conducting routine custodial (in dormitory compound) guarding ratio
of 1:7 or one (1) guard for every seven (7) inmates shall be observed.
13. When an inmate is in transit the ratio of 1:1+1 every inmate shall be
observed. In case of high-risk inmate that demand extra precaution, additional
guards shall be employed. This manning level shall be national in scope for
effective jail administration in all regional, provincial, district, city and
municipals jails.
JAIL POSITIONS AND CORRESPONDING RANKS
2) Jail Inspectorate Section - inspect the jail facilities, the personnel and
prisoners/ detainees and submits reports of deficiencies noted.
3) Public Relations Office - task with the maintenance of good public relations
to obtain the necessary and adequate support of the public.
4) Budget and Finance Branch - take charge of all financial matter such as
budgeting, financing, accounting and auditing.
5) Mess Services Branch - prepare the daily menu, prepares and cook the food
and serve it to the inmates.
7) Mittimus Computing Branch - receive court decisions and compute the date
of the full completion of the service sentence of inmates.
Note:
MITTIMUS is a warrant issued by a court bearing its seal and signature of the
judge, directing the jail or prison authorities to receive the convicted offender
for service of sentence imposed therein.
1. Escort/Subpoena Platoon
Notes:
4. Admitting and Releasing Section - part the security platoon. It is tasked with
receiving of person committed to the jail and the proper release of prisoners
who have served prison sentence or are released on orders of competent
courts or authority.
Process of Admitting Person in Jail:
1) Booking
2) Identification
4) Briefing
Reference:
The formal prison system in the Philippines started only during the
Spanish regime, where an organized corrective service was made operational.
Established in 1847 pursuant to Section 1708 of the Revised Administrative
Code and formally opened by Royal Decree in 1865, the Old Bilibid Prison was
constructed as the main penitentiary on Oroquieta Street, Manila and
designed to house the prison population of the country.
On August 21, 1869, the San Ramon Prison and Penal Farm in
Zamboanga City was established to confine Muslim rebels and recalcitrant
political prisoners opposed to the Spanish rule. The facility, which faced the
Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-
hectare sprawling estate.
When the Americans took over in the 1900s, the Bureau of Prisons was
created under the Reorganization Act of 1905 (Act No. 1407 dated November
1, 1905) as an agency under the Department of Commerce and Police. It also
paved the way for the re-establishment of San Ramon Prison in 1907 which
was destroyed during the Spanish-American War. On January 1, 1915, the San
Ramon Prison was placed under the auspices of the Bureau of Prisons and
started receiving prisoners from Mindanao.
Before the reconstruction of San Ramon Prison, the Americans
established in 1904 the Iuhit penal settlement (now Iwahig Prison and Penal
Farm) on a vast reservation of 28,072 hectares. It would reach a total land area
of 40,000 hectares in the late 1950s. Located on the westernmost part of the
archipelago far from the main town to confine incorrigibles with little hope of
rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive
Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.
On November 15, 1940, all inmates of the Old Bilibid Prison in Manila
were transferred to the new site. The new institution had a capacity of 3,000
prisoners and it was officially named the New Bilibid Prison on January 22,
1941. The prison reservation has an area of 587 hectares, part of which was
arable. The prison compound proper had an area of 300 x 300 meters or a total
of nine hectares. It was surrounded by three layers of barbed wire. (Source:
www.bucor.gov.ph)
After World War II, there was a surplus of steel matting in the inventory
and it was used to improve the security fences of the prison. A death chamber
was constructed in 1941 at the rear area of the camp when the mode of
execution was through electrocution. In the late '60s, fences were further
reinforced with concrete slabs. The original institution became the maximum
security compound in the 70s and continues to be so up to present, housing
not only death convicts and inmates sentenced to life terms, but also those
with numerous pending cases, multiple convictions and sentences of more
than 20 years.. In the 1980s, the height of the concrete wall was increased and
another facility was constructed, 2.5 kilometers from the main building. This
became known as Camp Sampaguita or the Medium Security Camp, which was
used as a military stockade during the martial law years and the Minimum
Security Camp, whose first site was christened "Bukang Liwayway". Later on,
this was transferred to another site within the reservation where the former
depot was situated.
3. Iwahig Prison and Penal Farm Location: Puerto Princesa City, Palawan
Sub Colonies:
Notes:
c. Sentence;
3. After registration, the inmate shall be photographed, front and side view,
fingerprinted and assigned a permanent prison number. The male inmate shall
mire then be given a regulation haircut and his beard/mustache, if any shall be
shaven off.
Notes:
An inmate may not wear a wig or artificial hairpiece, unless medical
authorization to do so is approved by the Superintendent
The admission of n inmate shall be made in an area that physically
separated from the general population.
Note:
5. Inmate shall be issued two (2) regulation uniforms and two (2) t-shirts, and
when practicable, he shall also issue one each of the following and be
responsible for such items issued to him:
a. Blanket;
b. Mat;
f. Pair of slippers
Notes:
The superintendent may allow the inmates to bring electrical equipment
like television sets, radio, video players, electric fans and similar items
provided the same is for common use with other inmates.
Luxurious items such as air conditioners, carpets, sofas, beds, sleeping
mattresses, washing machines and the like are prohibited.
Wearing of jewelry is not allowed. However, an inexpensive watch and
the like are permissible.
Quarantine
After the quarantine period, the inmate shall remain in the DRD for a
period of not exceeding fifty-five (55) days to undergo psychiatric,
psychological, sociological, vocational, education and religious and other
examinations. The result of said examinations shall be the basis for the
inmate's individualized treatment program, thereafter, he shall be assigned to
his quarters.
Security Risk Classification for BuCor Inmates
iii. Those who are 2 or more records of escapes if they have served
8 years since they were recommitted. Those with one (1) record of
escape must serve five
iv. Fist time offender sentence to life imprisonment if they have serve
five (5) years in the maximum security facility or less, upon
recommendation of the Superintendent.
ii. Who are sixty-five (65) years of age and above, without pending
case and whose convictions are on appeal iii. Who have only six
(6) months more to serve before the expiration of their maximum
sentence
Note:
d. Gray-Detainees
Reference:
www.bucor.gov.ph www.wkipedia.org
Annex B
Republic of the Philippines
Metro Manila
Twelfth Congress
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two
thousand three.
SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004."
It is provided for under Republic Act No. 6975, other wise known as the
"Department of the Interior and Local Government Act 1990", that the task of
fire protection, and jail management and penology shall be the responsibility
of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and
Penology (BJMP), respectively.
Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the
"Philippine National Police Reform and Reorganization Act of 1998", provides
that in times of national emergency, BFP and the BJMP along with the
Philippine National Police (PNP) shall, upon the direction of the President,
assist the Armed Forces of the Philippines (AFP) in meeting the national
emergency, in addition to the performance of their inherent functions as
mandated by law.
It is therefore recognized that the uniformed personnel of the BFP and the
BJMP, as member of the uniformed service of the government under the
Department of the Interior and Local Government (DILG), are required the
same amount of sacrifice, service and dedication like their counterparts in the4
PNP and the AFP to carry out their respective duties to the extent of risking
their lives and limbs.
Towards this end, the State shall provide for the Professionalization and
restructuring of the BFP and the BJMP by upgrading the level of qualifications
of their uniformed personnel and standardizing their base pay, retirement and
other benefits, making it at par with those of the PNP and the AFP.
SEC. 3. Organization and Key Positions of the BFP and the BJMP - The BFP and
the BJMP shall be respectively headed by a Chief who shall be assisted by two
(2) deputy chiefs, one (1) for administration and one (1) for operations, all of
whom shall be appointed by the President upon recommendation of the
Secretary of the DILG from among the qualified officers with at least the rank
of senior superintendent in the service: Provided, that in no case shall any
officer who has retired or is retirable within six (6) months from his/ her
compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of
the Jail Bureau, as the case may be, Provided, further, that the Chief of the Fire
Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed
four (4) years: Provided, however, that in times of war or other national
emergency declared by Congress, the President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of director shall have the
position title of Chief of the Fire Bureau and the Chief of the Jail Bureau,
respectively. The second officers in command of the BFP and the BJMP with
the rank of chief superintendent shall have the position title of Deputy Chief
for Administration of the Jail Bureau, respectively. The third officer in
command of the BFP and the BJMP with the rank of chief superintendent shall
have the position title of Deputy Chief for Operation of Fire Bureau and Deputy
Chief for Operation of the Jail Bureau, respectively. The fourth officers in
command of the BFP and the BJMP with the rank of chief superintendent shall
have the respective position title of Chief of Directorial Staff of the Fire Bureau
and Chief of Directorial Staff of the Jail Bureau, who shall be assisted by the
directors of the directorates in the respective national headquarters office with
at least the rank of senior superintendent.
The BFP and the shall establish, operate and maintain their respective regional
offices in each of the administrative regions of the country which shall be
respectively headed by a Regional Director for Fire Protection and a Regional
Director of Jail Management and Penology with the rank of senior
superintendent. He/She shall be respectively assisted by the following officers
with the rank of superintendent: Assistant Regional Director for
Administration, Assistant Regional Director for Operations, and Regional Chief
of Directorial Staff.
f) Must not have been dishonorably discharged of dismissal for cause from
previous employment;
i) Must weight not more or less than five kilograms (5 kgs.) from the
standard weight corresponding to his/her height, age and sex;
Provided, That a new applicants must be less than twenty one (21) nor more
than thirty (30 years of age: except for this particular provision, the above
enumerated qualifications shall be continuing in character and an absence of
any one of them at any given time shall be ground for separation or retirement
from the service: Provided, further, That the uniformed personnel who are
already in the service upon the effectivity of this Act shall be given five (5)
years to obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.
After the lapse of the time of period for the satisfaction of a specific
requirement, current uniformed personnel of the BFP and the BJMP who will
fail to satisfy any of the requirements enumerated under this Section shall be
separated from the service if they are below fifty (50) years of age and have
served in the government for less than twenty (20) years, or retired if they are
age fifty (50) and above and have served in the government for at least twenty
(20) years without prejudice in either case to the payment of benefits they may
be entitled to under existing laws.
SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP - The
appointment of the BFP and the BJMP shall be effected in the following
manners:
a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. Appointed by the
respective non Regional Director for Fire Protection and Regional
Director for Jail Management and Penology for the regional office
uniformed personnel or by the respective Chief of the Fire Bureau and
Chief of the Jail Bureau for the national headquarters office uniformed
personnel, and attested by the Civil Service Commission (CSC);
SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. In general, all
original appointments of officers in the Fire Bureau and Jail Bureau shall
commence the rank of fire/ jail inspector wherein applicants for lateral entry
into the BFP shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical engineers,
electrical engineers, chemical engineers, chemist, architects, criminologists,
certified public accountants, nurses, physical therapists, and dentists, while
applicants for lateral entry into the BJMP shall include all those with highly
specialized and technical qualifications such as, but not limited to, social
workers, psychologists, teachers, nurses, dentists and engineers. Doctor of
Medicine, members of the Philippine Bar and chaplains shall be appointed to
the rank of fire/jail senior inspector in their particular technical service.
Graduate of the Philippine National Police Academy (PNPA) shall be
automatically appointed to the initial rank of fire/jail inspector.
1) Municipal Fire Marshal. - Should have the rank of senior inspector, who
must have finished at least second year Bachelor of Laws or earned at
least twelve (12) units in a master's degree program in public
administration, management, engineering, public safety, criminology or
other related discipline from recognized institution of learning, and must
have satisfactory passed the necessary training of career courses for
such position as may be established by the Fire Bureau;
2) City Fire Marshal. - Should the rank of chief of senior inspector, who
must have infinished at least second year Bachelor of Laws or earned at
least twenty four (24) units in a master's degree program in public
administration, management, engineering, public safety, criminology or
other related disciplines from recognized institution of learning, and
must have satisfactory passed the necessary training or career courses
for such position as may be established by the Fire Bureau;
4) District Fire Marshal for the National Capital Region, Regional Director
for Fire Protection and Director of the Directorate of the National
Headquarters Office. Should have at least the rank of senior
superintendent, who must - be a graduate of Bachelor of Laws or a
holder of master's degree in public administration, management,
engineering, public safety, criminology or other related disciplines from
a recognized institution of learning, and must have satisfactory passed
the necessary training or career course for such position as may be
established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for
Operations of the Fire Bureau and Chief Directorial Staff of the Fire
Bureau.- Should i have the rank of superintendent, who must be a
member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or
other related disciplines from W necessary training or career courses for
such as may be established by the recognized institution of learning, and
must have satisfactory passed the Fire Bureau; and
6) Chief of the Fire Bureau. - Should have the rank of director, who must be
a member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology
other related discipline from a recognized institution of learning, and
must or satisfactory passed the necessary training or career courses for
such position as may be established by the Fire Bureau.
1) Municipal Jail Warden. - Should have the rank of chief inspector, who
have finished at least second year Bachelor of Laws or earned at least
twelve (12) units in a master' degree program in management, public
administration, public safety, criminology, penology, sociology, national
security administration, defense studies, or other related disciplines
from a recognized institution of learning, and must have satisfactory
passed the necessary training or career courses for such position as may
be established by the Jail Bureau;
2) City Jail Warden. - Should have the rank of chief inspector, who must
have finished at least second year Bachelor of Laws or earned at least
twenty four (24) units in master's degree program in management,
public administration, public safety, criminology, penology, sociology,
national security administration, defense studies or related disciplines
from a recognized institution of learning and must satisfactory passed
the necessary training or career courses for such position as may be
established by the Jail Bureau: Provided, That in city jails with a
population of one thousand (1,000) or more inmates, the city jail warden
shall the rank and qualification of a district jail warden;
4) Regional Director for Jail Management and Penology and Director of the
Directorate of the National Headquarters Office. - Should have the rank
of Sadun senior superintendent, who must be a graduate of Bachelor of
Laws or a holder of a master's degree in management, public
administration, public safety, var de criminology, penology, sociology,
national security administration, defense noslog to studies or other
related discipline from a recognized institution of learning. band must
satisfactory passed the necessary training or career courses for such
anodisposition as may be established by the Jail bureau;
5) Deputy Chief for Administration of the Jail Bureau, Deputy Chief for
Operations sgof the Jail Bureau and Chief of Directorial Staff of the Jail
Bureau. - Should have the rank of senior superintendent, who must be a
member of the Philippine mitri Bar or a holder of a master's degree in
management, public administration, arty to public safety, criminology,
penology, sociology, national security administration tyd boxe defense
studies or other related discipline from learning, and must satisfactory
passed the necessary training or career courses of recognized institution
Any uniformed personnel of the BFP and the BJMP who is currently occupying
such position but lacks any of the qualifications mentioned therein shall be
given three(3) years upon the effectivity of this Act to comply with the
requirements, otherwise he/she shall be relieved from the position.
SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP.
There shall be established a system of attrition for the uniformed personnel of
the BFP and the BJMP within one (1) year from the effectivty of this Act to be
submitted by said bureaus to the DILG for approval. Such attrition system shall
include, but is not limited to, the provision of the following principles:
c) Attrition by Other Means. - Any uniformed personnel of the BFP and the
BJMP with at least five (5) years of accumulated active service shall be
separated from the tem service based on any of the following factors:
d) Separation or Retirement from the Fire Bureau and the Jail Bureau under
this Section. - Any personnel who is dismissed from the BFP and the
BJMP pursuant.