THERAPEUTIC

MODALITIES
PREPARED BY: NASRA C. REALINO, RCRIM, CCS
Common Terminology
● Correction
● Prison
● Competent Authority
● Inmate
● Detainee
● Death Convict
Common Terminology
● Conjugal Visitation
● Classification
● Carpeta
● Prison Record
● Treatment
● Rehabilitation
 The CJS of the PH and Its Components
● Law Enforcement - function is
to conduct an investigation on
the alleged crime committed
by a person, to arrest or
detain violator of the penal
law or an ordinance, to effect
the warrant issued by the
court and to assist the
complainant to file a case.
 The CJS of the PH and Its Components
● Prosecution - its function is to
evaluate the findings of the police
submitted to their office, to conduct
a preliminary investigation, to
receive the complaint filed by the
victim, and to be responsible to file
information to the court, acting as a
legal prosecutor of the offended
party.
 The CJS of the PH and Its Components
● Court - conduct cross
examination of the witness
before the issuance of the
warrant either warrant of arrest
or search warrant; to conduct
arraignment and to hold a trial
before giving a final decision of
the case.
 The CJS of the PH and Its Components
● Correction - considered as the
weakest component of the CJS.
The function of correction in our
criminal justice system is to
reform the offender through
rehabilitation programs such as
giving an opportunity to every
convicted offender to continue
his study by way of vocational
training program.
 The CJS of the PH and Its Components
● Community - the function
of the community pillar is
to help and coordinate
the program of the
government specifically
on the maintenance of
peace an order.
 BJMP
OPERATIONAL
PROCEDURE
MANUAL
Objectives - The broad objectives of
the Bureau are the following:
► To monitor the compliance by wardens with the different operational policies and
regulations set forth by the bureau;
► To help enhance the security and safety of the inmates as well as the jail facilities;
► To equip the personnel with the necessary skills in the effective management of jail
security and safekeeping of inmates.
► To ensure that the bureau complies with its directives pertaining to jail operations;
and
► To ensure that the bureau complies with the principles relative to use of different
international instruments in the humane treatment of inmates.
Section 11. PRINCIPLES - The following principles shall be observed in the
implementation of the preceding sections:
a. Humane treatment of inmates;
b. Observance of professionalism in the performance of duties; and
c. Multi-sectoral approach in the safekeeping and development of inmates can
be strengthened through active partnership with other members of the criminal
justice system and global advocates of corrections.
OBJECTIVES- The objectives of the Bureau are the
following:

a. To improve the living conditions of inmates in accordance with the

accepted standards set by the United Nations.

b. To enhance the safekeeping and development of inmates in

preparation for their eventual reintegration into the mainstream of
society upon their release; and,

c. To professionalize jail services

►DISTRICT JAIL- Within large cities or a group of
clustered municipalities, a District Jail headed by a
District Warden may be established.

►CITY AND MUNICIPAL JAILS- The BJMP

operates and maintains City and Municipal Jails,
each headed by a City or Municipal Warden, as the
case may be.
 Section 13. COMMITMENT

• means entrusting for the confinement of an inmate

to a jail by a competent court or authority, for the
purposes of safekeeping during the pendency of
his/her case.
Section 14.COURTS AND OTHER ENTITIES
AUTHORIZED TO COMMIT A PERSON TO JAIL- The
following (courts and entities) are authorized to commit
a person to jail:
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; and
h. All other administrative bodies or persons authorized by
law to arrest and commit a person to jail.
 Section 15.CLASSIFICATION

refers to assigning or to grouping of inmates according to

their respective penalty, gender, age, nationality, health,
criminal records, etc.
CATEGORIES OF INMATES

The two (2) general classes of inmates are:

a. Prisoner- an inmate who is convicted by

final judgment

b. Detainee- inmate who is undergoing

investigation/ trial or awaiting trial/sentencing.
CLASSIFICATION OF PRISONERS

The four (4) main classifications of prisoners 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.
CLASSIFICATION OF DETAINEES

The three (3) types of detainees are those:

a. Undergoing Investigation
b. Awaiting or undergoing trial; and
c. Awaiting Final Judgement
 Section 19. INMATES SECURITY
CLASSIFICATION -
The following are
the classifications of inmates according to
security risk each may pose:
 a. High Profile Inmate

those who require increased security based on intense

media coverage or public concern as a result of their
offense such as but not limited to those who have been
involved in a highly controversial or sensationalized crime
or those who became prominent for being a politician,
government official, multi-million entrepreneur, religious or
cause-oriented group leader and movie or television
personality.
 b. High Risk Inmate

those who are considered highly dangerous and who

require a greater degree of security, control and
supervision because of their deemed capability of escape,
of being rescued, and their ability to launch or spearhead
acts of violence inside the jail. This includes those charged
with heinous crimes such as murder, kidnapping for
ransom, economic sabotage, syndicated or organized
crimes, etc. Also included are inmates with military or
police trainings or those whose life is in danger or under
imminent threat.
 c. High Value Target (HVT)

A target, either a resource or a person, who may either be an

enemy combatant, high ranking official or a civilian in danger of
capture or death, typically in possession of critical intelligence,
data, or authority marked as an objective for a mission and which
a commander requires for the successful completion of the same.
 d. Security Threat Group

any formal or informal ongoing inmates’ group, gang,

organization or association consisting of three or more
members falling into one of the following basic categories:
street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups and
terrorist organizations.
 e. Subversive Group

a group of persons that adopts or advocates subversive

principles or policies tending to overthrow or undermine an
established government.
 f. Terrorist Group

a group of persons that commits any of the following: piracy and

mutiny in the high seas or in the Philippine waters, rebellion or
insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation
of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and
anti highway robbery, illegal and unlawful possession,
manufacture, dealing in, acquisition or disposition of firearms,
ammunitions or explosives.
 g. Violent Extremist Offender (VEO)

A person whose political or religious ideologies are

considered far outside the mainstream attitudes of the
society or who violates common moral standards and
who has adopted an increasingly extreme ideals and
aspirations resorting to the employment of violence in
the furtherance of his/her beliefs.
 h. Medium Risk Inmates

those who represent a moderate risk to the public and

staff. These inmates still require greater security,
control and supervision as they might escape from and
might commit violence inside the jail.
 I. Minimum Risk Inmates (Ordinary Inmates)

those inmates who have lesser tendencies to commit offenses

and generally pose the least risk to public safety. In most cases,
they may be first time offenders and are charged with light
offenses
 Section 20.
REQUIREMENTS FOR
COMMITMENT
No person shall be committed to any jail facility
without the following required documents:
a. Commitment Order;
b. Medical Certificate - recent medical certificate
taken within 24 hours
prior to admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
 Section 21. RECEPTION PROCEDURES

A decent and humane program of confinement starts with a

systematic reception of inmates for commitment to the BJMP’s
jail facilities. The following procedures should therefore be
observed:
 A. Gater

He or she checks the credentials of the person bringing the

inmate/the committing officer to determine his/her identity and
authority. Also, he or she reviews the completeness of the
following documents before the person bringing an inmate/the
committing officer is allowed to enter the facility. The documents
mentioned earlier refer to the:
1.Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24
hours prior to admission;
3.Complaint/Information;
4.Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
 A. Gater

Additionally, the "gater" shall subject the person to be committed

and his/her escorts for search and inspection as prescribed.
Finally, he or she (gater) refers the person to be committed and
his or her escorts to the Records Unit.
 B. Records Unit

This unit examines the completeness and authenticity of the

requirements for Commitment (Commitment Order, Booking
Sheet, Arrest Report and Information) before it refers the inmate
for physical examination by the Health Unit.
 C. Health Unit:

1. Checks the authenticity of the entries in the medical certificate;

conducts thorough physical examination of the inmate to
determine his or her true physical condition; and asks searching
questions to determine injury/injuries found to have been
sustained by the inmate after the conduct of medical examination
or those injuries not diagnosed prior to commitment in jail. Inmate
is required to undress while undergoing medical examination. A
female inmate shall be examined by female health personnel. A
male inmate may be examined by either male or female health
personnel;
2. In case of any discrepancy found during physical
examination but same discrepancy is not indicated in the
medical certificate, the committing officer shall be required to
secure another medical certificate of the inmate. The
commitment of an inmate shall be held in abeyance pending
the submission of a new medical certificate with findings
congruent to the medical findings of the jail physician/nurse.
The reason for the deferment of commitment shall be
recorded in the jail blotter. In case the committing officer fails
to return the inmate to jail within twenty-four (24) hours, the
reasons for the deferment of commitment and the grounds
thereof shall be reported immediately to the court that issued
the commitment order;
3. In the absence of a jail nurse/medical personnel, the
receiving officer shall refer the person to be committed to the
nearest government health facility for medical evaluation
(check the medical certificate and observe the mental
alertness, physical abnormalities and the overall appearance
of the inmates); and

4. If no discrepancy is found during physical examination, the

inmate shall be referred back to the Records Unit.
 D. Records Unit

Receives the inmate and the documents from the

committing officer and conducts the following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks,
tattoos, etc.;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot
background; and
e. List the names of the visitors authorized by the inmate.
2. Apprise the inmate in a dialect that he /she understands of
the provisions of Art 29 of the RPC which was further
amended by R.A. 10592;

3. Facilitate the signing of the Detainee’s Manifestation if

he/she agrees to abide by the same disciplinary rules imposed
upon convicted inmates. Otherwise, the warden issues a
certification under oath manifesting that the inmate was
apprised of the provision of Art 29 of the RPC as amended
and refused to abide by the same; and

4. Store all documents in the Inmate’s Carpeta.

 E. Property Custodian

1. Checks the inmate’s belongings for presence of contraband. Discovery

of any contraband shall be treated in accordance with existing policies.

2. Takes all cash and other personal properties from the inmate, lists
them down on a receipt form with duplicate, duly signed by him/her and
countersigned by the inmate. The original receipt should be given to the
inmate and the duplicate be kept by the Property Custodian.

3. Keeps all cash and other valuables of the inmate in a safety vault. Said
cash and valuables may be turned over to any person authorized by the
inmate.

4. Refers the inmate to the desk officer.

 F. Desk Officer

Books the newly committed inmate in the jail blotter; assigns the
inmate to a reception area, if any, where he/she shall be
scheduled for orientation on jail rules and regulation, and shall
undergo risk assessment and classification, evaluation and
conduct of further medical evaluation/screening by the Medical
Officer.
 G. Assistant Warden or Officer of the Day

Orients the newly committed inmates on jail rules and

regulations using the Inmate’s Orientation Sheet.
 H. Jail Warden

Coordinates with concerned agencies regarding the case of

inmate for speedy disposition and to furnish them with copies of
the available needed documents. The jail warden shall see to it
that all concerned agencies and persons will be informed of the
commitment of the inmate in his/her jail by submitting a written
report. Through his/her paralegal officer, he/she shall ensure that
the courts and prosecutors’ office are attending to the case of the
inmate by constantly coordinating with them for the purpose of
speeding up the disposition of the case. For this purpose, the
sharing of non - confidential information with the concerned
agencies is encouraged.
 The following agencies/persons shall be notified by the warden upon
commitment of the inmate:
Mandatory Upon Request
1. Presiding Judge (monthly) 8. Private lawyer
2. Executive Judge/Clerk of 9. Priest or religious minister
Court (Monthly) 10. Private physician
3. PNP
4. NBI As Needed
5. Family 11. Commission on Human Rights
6. PAO lawyer - indigent 12. Public physician
7. IBP legal aide - indigent 13. Psychologist/ Psychiatrist
14. Embassy
15. DSWD
16. Court/ Other branches - in
case of multiple cases
 Section 22. CLASSIFICATION BOARD

Each jail shall maintain a classification board, if facilities and

personnel are available, to be composed of the following:

Chairperson Assistant Warden

Member Chief, Custodial/Security Office
Member Medical Officer/Public Health Officer
Member Jail Chaplain
Member Inmates Welfare and Development Officer
 Section 23.
DUTIES AND FUNCTIONS
OF THE CLASSIFICATION
BOARD
The Classification Board is tasked to conduct background
investigation of inmates to determine the cell assignment, the
appropriate rehabilitative program, the type of supervision and
degree of custody and restrictions applicable to the inmate/s.
The investigation shall focus on the following:
a. Facts and data of the present case;
b. Inmate's recent criminal history and the facts about the
inmate's attitudes and behavior while confined in other
institutions, if the inmate is a recidivist or a habitual delinquent;
c. Biography or life history;
d. Medical History;
e. Vocational, recreational, educational and religious
background/interests; and
f. Psychological characteristics as evaluated by the
psychiatrist and psychologist.
The inmate is required to appear before the Classification
Board for validation of his/her profile. Upon completion of the
classification assessment, the inmate is then apprised of
his/her cell assignment and welfare programs appropriate for
him/her. He/she is asked if he/she is willing to undergo this
program for his/her own good. If he/she is willing, the Board
will see to it that the program planned for the inmate is
followed. Then the inmate is assigned to his/her cell according
to the approved classification.
 Section 24. CLASSIFICATION PROCESS

a. Admission of Inmate - Once the inmate has undergone

the registration process; he/she will be temporarily housed
at the Inmate Classification and Counseling Unit (ICCU) in
jails where it is available. The inmate shall stay at the ICCU
for a minimum period of thirty (30) days but not exceeding
sixty (60) days or until the completion of the classification
process. At the ICCU, the newly committed inmate will
undergo assessment by the different health professionals.
 b. Medical Examination
The jail medical Officer or the jail officer designated nurse of the
Health Unit will conduct a thorough physical examination on the
newly committed inmate and will note down significant bodily
marks, scars, tattoos and lesions based on the medical certificate
presented by the committing officer. He or she must ensure that
his/her findings are congruent to the medical certificate presented.
Any discrepancy shall warrant further investigation by and
reporting of the same to the CHR.

c. Results of the medical examination shall be recorded and shall

bear the signature of the physician or nurse who conducted the
examination. Medical issues will be attended to accordingly.
 d. Dental Examination

The jail dentist shall perform a thorough dental

examination and recording of his or her findings. The
record shall bear the signature of the dentist who
conducted the examination. Dental issues that need
immediate attention shall be so attended to accordingly.
 e. Psychological Examination

The jail psychologist-in-charge shall conduct psychological

examination to determine the inmate’s psychological state
at the time of examination. Results will be recorded in the
psychologist’s logbook or in the health assessment
card/HAS and shall bear the signature of the psychologist
who conducted the examination.
 f. Social Case Study

The jail social worker at the ICCU shall conduct in-depth interview
with the newly admitted inmate, an interview that considers the
"who the inmate is" from birth up to the present including his/her
familial, educational, social, vocational and other issues that has
an impact on his/her personality. The findings will be recorded
and shall bear the signature of the social worker who conducted
the assessment. In jails without ICCU, the interview will be done
by the social worker-in-charge upon the order of the court or as
requested by the medical officer, the psychiatrist or the duly
designated jail warden for specific purposes.
 g. Risk Assessment

A risk assessment tool shall be utilized to determine the level of

violence/risk the inmate poses, either external or internal. This will
help in the proper classification and segregation of inmates and in
the design of specific development plans.
 h. Psychiatric Evaluation

Using the results of the psychological examination, social case

study, and risk assessment, the psychiatrist conducts a
psychiatric evaluation to determine the present mental state of the
inmate and to diagnose any existing psychiatric illness for further
treatment. The result will be recorded and shall bear the signature
of the psychiatrist who conducted the examination.
 I. Case Management

Each inmate will be assigned to a specific case manager who

may either be a psychologist, a social worker or a nurse. The
case manager shall be responsible for the consolidation of all the
results and shall make the proper decision as to the classification
of the inmates and the identification development programs for
each inmate.
 j. Inmate Orientation and Counseling

While undergoing assessment, the inmate shall be oriented

on the basic jail rules and regulations. He/she shall be
introduced to the different development programs that
would best promote his/her personal growth. In this phase,
the newly committed inmate shall likewise undergo
counseling for him/her to develop better coping skills
thereby preventing psychological imbalance in the early
phase of incarceration.
 k. Inmate Evaluation and Classification

Using the different tools of assessment, the newly

committed inmate will now be classified based on the level
of risk and present physical, mental and emotional state.
 l. Proper Cell Assignment and Development Plans

After the inmate has undergone all the assessments,

his/her case manager shall consolidate all the results.
Based on the results of the final evaluation, the inmate
may then be assigned to the cell that is deemed best
for his/her growth and well-being.
m. The newly committed inmate is encouraged to
participate in the recommended development
programs.

n. Monitoring - After the inmate has been

transferred to his/her assigned cell and has been
attending the prescribed development programs, the
case manager shall periodically monitor, and
change and enhance inmate's development
program/s depending on his or her behavioral
progress.
 Section 25. DISCIPLINARY BOARD

A disciplinary board shall be organized and maintained for the purpose of

hearing disciplinary cases involving any inmate who violates jail rules and
regulations. It shall be composed of the
following:
Chairperson Assistant Warden
Member Chief, Custodial/Security Office
Member Medical Officer/Public Health Officer
Member Jail Chaplain
Member Inmates Welfare and Development Officer
Member Inmates’ Representative
If the above composition is not feasible because of personnel limitation,
the warden shall perform the board’s functions and he shall act as the
summary disciplinary officer.
Section 26. DUTIES AND FUNCTIONS OF THE
DISCIPLINARY
BOARD
The Board is tasked to investigate the facts of an alleged
misconduct referred to it. It shall hold sessions as often as
necessary in a room, which may be provided for the
purpose. All cases referred to it shall be heard and decided
within forty-eight (48) hours from the date of receipt of the
case.
Section 27. AUTHORIZED
DISCIPLINARY
ACTIONS/MEASURES
FOR INMATES
 1. For Detainees:

a. Admonition or verbal reprimand;

b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some recreational
privileges;
d. Reduction of visiting time;
e. Close confinement in a cell for a period not exceeding seven (7)
days in any calendar month, provided that this disciplinary action
shall be imposed only in the case of an incorrigible inmate, and
when other disciplinary measures had been proven ineffective; and
f. Transfer to another BJMP jail in the area, in coordination with
the Court.
 2. For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service within the jail premises;
d. Temporary or permanent cancellation of some or all recreational
privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven (7) days
in any calendar month, provided that this disciplinary action shall be
imposed only in the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with the
Court;
h. Suspension of visiting privileges for a period not exceeding one
(1) month, provided that this sanction shall not apply to the
lawyer, physician or religious minister serving the needs of the
prisoner.

i. Permanent cancellation of visiting privileges with respect to

persons not included in the definition of immediate family under
RA 7438, provided that this sanction shall not apply to the lawyer,
physician or religious minister serving the needs of the prisoner.

In addition to the above-mentioned punishment, the disciplinary

board may recommend to the warden partial or full forfeiture of
good conduct time allowance (GCTA) to be earned for a particular
month and subsequent months depending upon the gravity of the
offense.
Section 28. LIMITATIONS ON
DISCIPLINARY
PUNISHMENT FOR
INMATES
a. No female inmate shall be subjected to any disciplinary
punishment which might affect her unborn or nursing child;

b. No infirm or handicapped offender shall be meted out

punishment, which might affect his/her health or physical
well-being;

c. Corporal punishment, confinement in dark or

inadequately ventilated cells and any form of cruel,
unusual, inhumane or degrading punishment are
absolutely prohibited;
d. When necessary, the jail physician shall visit the
detainee/prisoner undergoing punishment and shall advise the
warden of the need for the termination of the punishment
imposed upon the inmate on grounds of the inmate's physical or
mental health;

e. Instruments of restraint, such as handcuffs, leg irons and

straitjackets are not to be applied as a form of punishment. They
shall only be used as a precaution against escape and on
medical grounds to prevent an offender from injuring himself or
others;
f. Breaches of discipline shall be handled without anger or
emotionalism and decisions shall be executed firmly and justly;
and

g. As a general rule, any violation of jail rules and regulations or

misconduct committed by the inmate shall be dealt with
accordingly. In extreme cases where the violation necessitates
immediate action, the warden or the officer of the day may
administer the necessary restraints and report the action he or
she has taken to the disciplinary board.
Section 31. MODES AND GUIDELINES FOR RELEASE

1. An inmate may be released through:

a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.
2. Before an inmate is released, he/she shall be properly
identified to ensure that he/she is the same person
received and is subject for release. 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;
3. No inmate shall be released on a mere verbal order or
an order relayed via telephone. The release of an inmate
by reason of acquittal, dismissal of case, payment of fines
and/or indemnity, or filing of bond, shall take effect only
upon receipt of the release order served by the court
process server. The court order shall bear the full name of
the inmate, the crime he/she was charged with, the
criminal case number and such other details that will
enable the officer in charge to properly identify the inmate
to be released;
4. Upon proper verification from the court of the
authenticity of the order, an inmate shall be released
promptly and without unreasonable delay;

5. Under proper receipt, all money earned, other

valuables held and entrusted by the inmate upon
admission, shall be returned to him/her upon release; and

6. The released inmate shall be issued a certification of

discharge from jail by the warden or his/her authorized
representative.
SPECIAL NEED OR UNUSUAL OFFENDERS
As a general rule, special/unusual offenders should not be held in
jails with other offenders. Female offenders should be confined in separate
institutions from men. However, until adequately detention homes shall have
been provided, the jail will continue to serve as their temporary homes.

The following are the offenders with special need/unusual offenders;

A. FEMALE
B. DRUG ADDICTS
C. ALCOHOLICS
D. MENTALLY-ILL
E. SEX DEVIATES
F. ESCAPE-PRONE PRISONERS/DETAINEES
G. SUICIDE-RISK OFFENDER
H. THE HANDICAPPED, AGED AND INFIRM
THE YOUTHFUL OFFENDERS
J. ALIEN OFFENDERS
SECURITY AND CONTROL

Jail security is necessary to safeguard the lives of people residing within the
vicinity, those managing the jails, and inmates whose lives are to be rehabilitated
to become constructive members of society.

The following guidelines should be strictly observed in jail, security and control.

• Maintain strict control of firearms. Never permit any firearm inside the jail except
in some areas where firearms are authorized.
• Maintain 24-hour supervision of the offenders.
• Conduct frequent surprise searches of offenders and their quarters to detect
contraband.
• Develop plans dealing with emergencies like escapes, fires, assaults, and riots.
Make plans known and understood by jail personnel.
• Never allow a jail guard to open the offenders’ quarters alone. At least, another
guard should be present.
 PDL and Inmate
● PDL stands for PERSON DEPRIVED OF LIBERTY which is
the new name for prisoners just to have respect for the
dignity of a person.

● INMATES are the persons serving their sentence for the

crime they committed.
 Old Concept of Correction

● The early practice of correction is more focused on

punishment regardless of the crime or violation
committed by one person and the first part is that the
prisoner is not given the privilege to be visited by love
ones or family and if they want to drink water, they need
to pay for it. The prison cell is very poor and once the
prisoner wanted to be free from prison, he/she needs to
pay.
The Modern Concept

● The original purpose of confining a person within a

prison was not to punish them, but was a means of
keeping the perpetrator of a crime detained until the
actual punishment could be carried out. This was usually
in the form of corporal punishment that was intended to
cause the guilty person pain, such as being beaten with a
whip, or capital punishment which used a variety of
methods to claim the lives of condemned individuals.
 ADMISSION, CONFINEMENT AND CLASSIFICATIONS
OF INMATES
● Admission, confinement and classification of inmates, is not
just an administrative apparatus of control, but to harmonize
the inherent disparity of class to clash by nature of its
congenital character or by its societal structure. In simple
term, it is the segregation by distinction and not by
discrimination. What this mechanism seeks to avoid is the
absurdity of inmates of being morally subjugated by its own
peers by reason of age, notoriety, disability and other factors
beyond his personal competence to resist.
 Republic Act No. 10575
“The Bureau of Corrections Act of 2013”

● This Revised Implementing Rules and Regulations,

hereinafter called the IRR, is hereby adopted and
promulgated pursuant to Section 23 of Republic Act (RA)
No. 10575, otherwise known as the “The Bureau of
Corrections Act of 2013” for the purpose of prescribing
and applying the necessary rules and regulations for the
strengthening of the correctional services.
Section 5. Operations of the Bureau of
Corrections.

● The major procedures of operation in BuCor through the

prescribed organizational structure underscore a systematic
workflow as provided for in this Act is described in the
following:
 a)General Process
● Directorate for Reception and Diagnostics (DRD), formerly
Reception and Diagnostic Center (RDC) - undertake reception
of inmates.
● Security and Operations Directorates - provide their basic
needs and security
● Reformation Directorates - administer their reformation
programs
● Directorate for External Relations (DER), formerly External
Relations Division (ERD) - prepare inmates for reintegration to
mainstream society.
Reception and Diagnostics
1) Reception. Committed inmates shall be admitted to BuCor through DRD in the
following institutional procedure:

Admission of Prisoners. The BuCor, through its penal establishments, shall receive
prisoners from competent authority upon presentation of the following
documents:
(i)Mittimus/Commitment Order of the Court,
(ii)Information and Court Decision in the case,
(iii)Certification of Detention,
(iv)Certification of No Pending Case,
(v)Certification of Non-Appeal, and
(vi)Provincial Form 35 / Inmate data sheet
Reception and Diagnostics
2.) A female offender shall be received only at the Correctional Institution for
Women.

3.) All prisons and penal farms are also authorized to receive directly from courts
convicted prisoners in consonance with the Supreme Court Circular No. 63-97
dated October 6, 1997.
2) Diagnostics

The DRD shall likewise be responsible for the conduct of

classification of each and every inmate admitted to the BuCor.
Inmates shall be classified according to security risk and sentence.
Included in the classification are determining an inmate’s certain:

1) Interests, skills or talents;

2)Physical, mental, spiritual, psychological evaluation; and
3)Social (socio-demographic), and other behavioral-trait
assessments.
2) Diagnostics

The core diagnostics objective is to determine an inmate’s

“Reformability.” These classification activities shall serve as
reference of the DRD in the preparation of individual inmate
reformation treatment programs and inmate-group reformation
treatment programs.
● The segregation of distinction and not by discrimination. The
mechanism seeks to avoid is the absurdity of inmates of being
morally subjugated by its own peers by reason of age, notoriety,
disability and other factors beyond personal competence to
resist. There shall be a Reception and Diagnostic Center (RDC) in
every prison which shall receive, study and classify inmates and
detainees committed to bureau.
 Bureau of Corrections (BuCor),
Department of Justice (DOJ)
● The national prisons, which house more serious offenders,
already convicted with a sentence of more than three years are
maintained by the Bureau of Corrections, an agency under the
Department of Justice (DOJ). The bureau is responsible for the
safekeeping of prisoners and their rehabilitation through
general and moral education and technical training in industry
and agriculture.
● The bureau also oversees the operation of prison agro-
industries and the production of food commodities.
RECEPTION AND DIAGNOSTIC CENTER.

Inmate shall be quarantine for at least 5 days

a. Given a physical examination to determine any physical

illness or handicap, or mental ailment and to segregate
those suspected of having an infections or contagious
disease.
b. Orientation of prison rules and regulations; and
c. Interview by a counselor, social worker and or other
program staff officers; the interview shall be conducted in
PRIVATE.
AFTER THE QUARANTINE PERIOD
● Inmate shall remain in the RDC for 55 days. Undergo
psychiatric, psychological, vocational, educational,
religion and other examinations.
ADMISSION
● An inmate shall be admitted in the RDC of a prison upon
presentation of the following documents.
Mittimus/Commitment Order from the court;
Information and court decision of his case; Certification
of detention if any and; Certification that the case of the
inmate is not on appeal, a female inmate shall be
received only in CIW.
REGISTRATION
A prison shall keep a bound registration book wherein all
commitments shall be recorded chronologically. The
register shall contain the following entries:
a. name of the inmate;
b. reason for commitment and authority, therefore;
c. Sentence;
d. Date and hour of admission; and
e. Date and hour of discharge and or transfer and basis
therefore.
CONFISCATION OF CONTRABAND ITEMS
● Drugs or Medicine. All types of weapons, substances, or
chemicals that may cause injury to a Person.
Classification of Inmates

● Tangerine - Maximum Security

● Blue - Medium Security
● Brown - Minimum Security
● Yellow – BJMP PDL
 CLASSIFICATION OF INMATES
AS TO SECURITY STATUS
Maximum security
This shall include highly
dangerous or super security
risk inmates as determined
by the classification board
who are required a high
degree of control and
supervision.
 CLASSIFICATION OF INMATES
AS TO SECURITY STATUS
Medium Security
This shall include those who
cannot be trusted in less
secured areas and those whose
conduct or behavior requires
minimum supervision
 CLASSIFICATION OF INMATES
AS TO SECURITY STATUS
Minimum security
This shall include those who
can be reasonably trusted
to serve their sentence
under less restricted
conditions;
 CLASSIFICATION OF INMATES AS TO ENTITLEMENT
TO PRIVILEGE

Inmates shall be classified as follows to determine their entitlement to prison

privilege:
a. Detainee
b. Third Class Inmate - one who has either been previously committed for
three (3) or more times as a sentenced inmate; except those imprisoned for
non-payment of fine or those who have reduced from higher class.
c. Second Class Inmate - a newly arrived inmate; an inmate demoted from 1st
class inmate or promoted from 3rd class inmate.
CLASSIFICATION OF INMATES AS TO ENTITLEMENT
TO PRIVILEGE

d. First class inmate = on whose known character and credit for work while in detention
earned an assignment to this class upon commencement or one who has been promoted
from 2nd class.

e. Colonist - one who has passed as the 1st class inmate and has served one year
immediately preceding the completion of the period specified in the following
qualification; and has served imprisonment with good conduct for a period equivalent to
one-fifth (1/5) of the maximum term of his prison sentence, or seven (7) years in the
case of a life sentence. The inmate becomes a colonist upon the recommendation of the
classification board after following the said requirements.
 CONFINEMENT AND ACCOMMODATION OF INMATES

PLACE OF CONFINEMENT - an inmate shall only be confined in a place declared by

the President of the Philippines or by Executive Order to the place of confinement
of national inmates or by specific direction of the court, provided that a male
inmate shall be committed directly to and shall be confined in a prison nearest his
actual place of residence. A prison may also be used as a place of detention for
other classes of inmates or the temporary safekeeping of any person detained upon
legal process (sec. 1 chapter 4 para 2).
 Security Compound

A prison shall whenever possible have a separate prison compound

for the segregation of inmates according to their security
classification. Each prison compound shall be under a
Superintendent who is assisted by an Assistant Superintendent
who is assisted by an Assistant Superintendent.
PRISON ACCOMMODATION STANDARD

All accommodations for the use of all inmates shall meet the
requirements of sanitation and hygiene, with an emphasis on
adequate ventilation, living space, and lighting. Bathrooms and
washing areas shall be provided in every prison facility; all areas
regularly used by inmates shall be properly maintained and kept clean
at all times. Beds and clothing shall be neatly made-up in a uniform
manner at all times; buildings occupied by all inmates must be
disinfected at least once a month.
Youth camps

The Bureau of Prisons shall maintain agricultural and

forestry camps where youth offenders may serve their
sentence in place of confinement in prison .
 TRANSFER OF INMATES

an inmate may be transferred by the Prison Director upon the recommendation

of the Superintendent concerned to another prison facility to bring said inmate
closer to family or as part of his rehabilitation program.

•Transfer of an insane inmate - an inmate who has been confirmed to be

mentally abnormal or insane may be transferred to a mental hospital with the
approval of the prison Director.
 Transfer of an inmate to a stockade of the Arm Forces of
the Philippines

The confinement of an inmate may be transferred to an AFP stockade

provided the inmate is certified as a minimum security risk and does not
belong to any of the following categories:
a) an inmate serving a life term of sentence to death;
b) An inmate with a previous record of escape,
c) Recidivist
d) An inmate serving a crime involving moral turpitude
e) Female Inmate
f) An inmate who has been previously transferred to an AFP stockade
and was returned to prison for a cause
 Transfer of an inmate to a stockade of the Arm Forces of
the Philippines

g) An inmate who is more than 50 years of age or who can no

longer perform manual work;
h) An inmate who is a permanent resident of a place within a
radius of one hundred (100) kilometers from the AFP stockade
where he is being transferred; or
i) An inmate with a pending case or who is a witness in any
pending criminal case.
 Transfer of inmates not eligible to be a colonist to a prison
and penal farm-

upon the recommendation of the Classification Board, the director

may also transfer to a prison and penal farm an inmate who
although not eligible for classification as a colonist:
a) Physically and psychologically fit to absorb the rehabilitative
program in the colony; and
b) that such an assignment is therapeutically indicated.
 Transfer of an inmate to provincial jail and vice versa

The President of the Philippines may direct the, as the occasion ay

require the transfer of inmates from the national prison to a
provincial jail or vice versa. The expenses for such transfer shall be
borne by the Bureau except the cost of escort service which shall
be provided by the PNP.
 OUTSIDE MOVEMENTS OF INMATES

Movement of inmate outside of the confinement facility— the Superintendent

of the prison may authorize an inmate to be taken out of prison in the following
instances:
a) to appear in court or other government agency as directed by the competent
authority;
b) for medical examination / treatment or hospitalization in an outside clinic or
hospital;
c) to view the remains of a deceased relative.
Approval by a Secretary of outside movements

prior approval of the Secretary of Justice shall be

required for the outside movements of an NBP or
CIW inmate as provided in paragraphs a, b, and c
above.
Outside movement of the Death Convicts

a death convict shall not be allowed to leave his place of

confinement except for the urgent treatment or diagnosis ( of a
life-threatening or serious ailment if the diagnosis cannot be done
or the treatment in the prison hospital.
BASIS OF COURT APPEARANCE

The court appearance of inmates shall be

based on a subpoena issued by the court as
endorsed by the director.
Court Appearance of life termer or death convict

no inmate sentenced to death or life imprisonment confined in the

NBP shall be brought outside said prison for appearance or
attendance in any court except when the Supreme Court
authorized the presiding judge of said court upon proper
application to effect the transfer of said inmates. The NBP Cavite
and Laguna require the appearance or attendance in any judicial
proceeding an NBP death convict or life, termer to conduct such
proceeding within the premises of the said prison.
 RIGHTS AND PRIVILEGES OF INMATES

Rights of Inmates — An inmate shall have the following basic rights:

a) to receive compensation for labor they perform;
b) to be credited with time allowances for good conduct and loyalty;
c) to send and receive mail matters;
d) to practice their religion or observe their faith;
e) to receive authorized visitors;
f) to ventilate their grievances through proper channels; and
g) to receive death benefits and pecuniary aid for injuries.
 RIGHTS AND PRIVILEGES OF INMATES

Privileges of Inmates - The following privileges shall also be extended to an

inmate:
a) attend or participate in any entertainment or athletic activity within the
prison reservation;
b) read books and other reading materials in the library;
c) smoke cigars and cigarettes, except in prohibited places;
d) participate in civic, religious, and other activities authorized by prison
authorities; and
e) receive gifts and prepared food from visitors subject to inspection.
RIGHTS OF DETAINEE

A detainee may, aside from the rights and

privileges enjoyed by a finally convicted inmate
wear civilian clothes, to grow his hair in his
customary style.
 Classification of Dormitory

•Type A Dormitory - above 500 inmate capacity and lot area of more than 1.5 hectares
•Type B Dormitory - 101 to 500 inmate capacity and lot area of 1.5 hectares
•Type C Dormitory - 1 to 100 inmate capacity and lot area of 3,000 sq. m.
The recommended lot area per inmate is 30 sq. m.
Cell Capacity - Ideal habitable floor area per inmate = 4.7 square meters
Maximum number of inmates per cell = 10
Maximum number of bunks beds = 5 units two level
Wash area (for utensils, hand washing) = 1 unit .
PRISON LABOR AND RULE AND
REGULATION IMPLEMENTED IN
THE PRISON INSTITUTIONS
 PRISON LABOR

• Prison labor of finally convicted inmates - A finally convicted able-bodied

inmate may be required to work at least 8 hours a day, except on Sundays and
Legal Holidays, in and about the prison, public buildings, grounds, roads, and
other public works of the National government. In the interest of the service;
however, they may be required to work on expected holidays.
• Prison labor of detainee - A detainee may not be required to work in prison;
however, he may be made to polish his cell and perform such other labor as
may be deemed necessary for hygienic or sanitary reasons.
 Agreement of Detainee to Abide By Rules Impose
on Finally Convicted Inmates

Upon his admission, the detainee shall be informed that he may be credited in
the service of his prison sentence with the full time during which he may have to
undergo a preventive imprisonment if he agrees in writing to abide by the same
disciplinary rules imposed on convicted inmates, provided the detainee is not a
recidivist or has been convicted previously twice or more times of any crime.
 Certification of Superintendent if detainee refused
to abide by rules imposed on
finally convicted inmates

If the detainee does not agree to abide by the same disciplinary rules as a finally
convicted inmate, the Superintendent shall issue a certification under oath to
the effect that the detainee was apprised of his right to be credited in the
service of his prison sentence with the full time during which he may have
undergone preventive imprisonment and that the inmates refused to abide by
the rules imposed upon convicted inmates.
In such cases, the detainee shall be credited \ in the service of his sentence with
four-fifths (4/5) of \the time during which he has undergone preventive
\imprisonment.
 Agreement of certification as part of prison record

The agreement or certification mentioned above shall form the prison record of
the detainee.

Female inmates - A female inmate shall only be assigned to work on jobs

suitable to her age and physical condition. The female inmate shall be
supervised only by women officers.

Old inmates - an inmate over 60 years of age maybe excused from mandatory
labor.
Place of work assignments - Only Medium and Minimum security
inmates may be assigned to work on agricultural field projects within a prison
reservation. Maximum security inmates shall not be allowed to work outside the
maximum security compound.

Work Programs - Work programs shall be conducted in prisons to promote

good work habits and self-esteem among inmates and not as a means of exploiting cheap
prison labor or as a punishment for deviant behavior
 COMPENSATION CREDITS

Inmate’s compensation - Six (6) months after being permanently assigned to work in
prison, an inmate may receive Compensation credits at rates to be prescribed by the
prison director; provided:
a. He maintains good conduct, and
b. He shows interest and a definite degree of progress
in the particular work assigned to him.

Compensation credits - Compensation credits shall be allowed in the payment of those

classified on workmanship as may be prescribed by the Director.
 Keeping of work record of inmates

A record shall be kept of inmates showing the workmanship classification of skilled

and semi-skilled grades. The credits accruing to each shall be made monthly in
accordance with the approved recommendation of the committee named for their
purpose. A copy of the committee recommendation, duly approved by the
Director or the Superintendent, shall be furnished to the Commission on Audit for
his information in connection with his duty of supervising the proper
accountability of the fund created the credits to which shall be part of the
inmate’s Trust Fund.
 Compensation earned, how applied

The whole or part of the compensation credits earned by an inmate may be

forfeited and applied to the payment of supplies and equipment lost or
damaged resulting from the Inmate's misconduct or willful negligence. One-half
of (1/2) said earnings may be utilized by the inmates to purchase some of his
needs. The remainder shall be withheld, to be paid to him upon release only.
In exceptional cases; however, upon satisfactory showing of a necessity for
withdrawal, the Director or the Superintendent may authorize the disbursement
of a part of the amount retained.
Trust Fund - Compensation credits earned by the inmates as provided for in the
preceding section and all monies received by him from any source shall be deposited in
the Trust Fund provided for the purpose.

Withdrawal of earnings - The inmate at any time withdraw from his compensation
earnings an amount not exceeding one-half (1/2) of his total earning; However, in cases
of urgent need and at the discretion of the Superintendent, the whole of his earning may
be withdrawn. But he may, at any time withdraw any part or all monies received from
other sources.
Payment of trust deposit amount to released inmate - Upon the inmate’s discharge from
prison he shall be given the full balance of his deposit
 The Bureau of Corrections

1. The New Bilibid Prison in

Muntinlupa City;
2. The Correctional Institution 6. Leyte Regional Prison in
for Women (CIW) in Abuyog, Leyte; and
Mandaluyong City;
7. Davao Prison and Penal
3. Iwahig Prison and Penal Farm Farm in Panabo, Davao
in Puerto Princessa City, Province.
Palawan;
4. Sablayan Prison and Penal
Farm in Occidental Mindoro;
5. San Ramon Prison and Penal
Farm in Zamboanga City;
 Bilibid Prisons

• (Muntinlupa City) in the year 1847 the

first Bilibid Prison was constructed and
became the central place of confinement
for Filipino prisoners by the virtue of the
Royal Decree of the Spanish Crown.
•Constructed in radical spokes of wheel
form. For easy command and control, a
central tower was placed at the center of
the spokes.
•Now used by the City of Manila as City Jail.
 Bilibid Prisons

•The place is still famous for its name as the

“May Haligue State” at the nearby Central
Market of Manila. In 1936 the City of Manila
exchanged its Muntinlupa property of 522
hectares with that of Bureau of Prisons.
•This Muntinlupa state was originally intended
for the Boy’s Training School because it is far
from Manila, however the City Government of
Manila preferred the site of the old Bilibid
Prisons.
 Bilibid Prisons
(Muntinlupa City)

• In the year 1847 the first Bilibid prison was

constructed and became the Central Office place of
confinement for Filipino Prisoners.
• Famous for its name “MAY HALIGUE STATE” at the
nearby central market of Manila.

•2 Satellite Units of New Bilibid

•* Bukang Liwayway
- Minimum Security Risk Prisoners
- work on various projects of the institution
•Camp and Camp Sampaguita
- Medium Security Risk Prisoners
- Located near RDC (Reception and Diagnostic Center
and the Youth Rehabilitation Center.
New Bilibid Prisons
•NBP has 2 satellite units namely
Bukang Liwayway Camp and Camp
Sampaguita.
•The 2 camps are located a few
hundred meters back of the New
Bilibid Prisons. Bukang Liwayway
camp houses minimum security risk
prisoners who work on various
projects of the institution; while the
Camp Sampaguita houses medium
security risk prisoners and located
near the Reception and Diagnostic
Center (RDC) and the Youth
Rehabilitation Center.
New Bilibid Prisons

•The New Bilibid Prisons specialized

in industrial type of vocational
training. It operates a furniture
shop, shoe repairing shop,
blacksmith; auto mechanics,
mobile and body building, etc. The
New Bilibid Prisons offers a high
school course and college course
major in management. Their high
school course started in 1956 for
prisoners who desire to complete
their secondary education.
San Ramon Prison and Penal Farm
(Zamboanga City)

•San Ramon and Prison Farm in Zamboanga, were

established for the confinement of political offenders.
Filipino fighters who advocated for reform against the
Spanish government.
•Named after its founder Captain Ramon Blanco of the
Spanish Royal Army.
•The San Ramon Penal Farm has an estimated area of
1,546 hectares.
 Iwahig Penal Colony
(Palawan)

•Since there were no walls , only

mutual trust and confidence between
the wards and prison authorities keep
them together.
•The Iwahig Penal Colony enjoys the
reputation as one of the worlds open
penal institutions. The Iwahig Penal
Colony has a land area of 36, 000
hectares.
•Old Name: Luhit
 Iwahig Penal Colony
(Palawan)
The colony is divided into 4 sub - colonies
namely:
❖Sta. Luisa
❖Inagawan
❖Montible
❖Central sub - colony
•Tagumpay Settlement and has 1,000
hectares. This portion which was divided
into six hectares homestead lots were
distributed to released inmates who
desired to live in the settlement.
 Iwahig Penal Colony
(Palawan)

•The privilege granted to

every colonist to have this
family in the village. The
institution maintains various
community resources such
as schools, churches,
recreation centers; post-
exchange centers, hospitals
and clinics. Their products
are sold to the Post
Exchange Centers.
Davao Prison and Penal Farm
(Dujali, Davao Province)
•January 21, 1932 in accordance with
Act 3732 and Proclamation Number
414 series of 1931.
•Led by General Paulino Santos,
founder and then the Director of
Prisons. The area consists of 18,000
hectares, mostly devoted to abaca.
•This institution is now the main
source of income by the Bureau of
Prisons from its vast products of
abaca and other major agricultural
products.
 Davao Prison and Penal Farm
(Dujali, Davao Province)

•The colony as been

engaged in a joint venture
with the Tagum
Development Company
(TADECO) and has a land
area of 3,000 hectare
banana plantations.
•Tanglaw Settlement - for
released prisoners.
 Correctional Institution for Women
(Mandaluyong City)
• In 1931 the Correctional Institution for
Women was established. It is an 18 hectare
piece of land in Mandaluyong Metro
Manila by authority of Act Number 3579.
This was passed on November 27, 1929.
• Today, the Correctional Institution for
Women is an institution under the Bureau
of Prisons with separate budget and needs
for female prisoners. This is the only
female prison institution in the Philippines.
•In September 2007, the sub-colony
of the Davao Prison and Penal
Farm was converted as the
satellites prison intended for the
female convicted inmates outside
Manila. There were 98 convicted
female inmates who arrived as the
first contingent. The Davao
Correctional Institution for Women
(CIW Mindanao) was opened
through the help of some civic
organizations of Davao del Norte.
It is the first female prison
institution in Visayas and
Mindanao.
 Sablayan Prison and Penal Farm
(Occidental Mindoro)

• In 1954 there was a tremendous

increase in the population in the New
Bilibid Prisons. In this situation, the
President issued proclamation
number 72, dated September 27,
1954, settling aside 16,000 hectares
of the virgin island in Sablayan,
Occidental Mindoro for the
establishment of the Sablayan Penal
Farm. At that time the Bilibid Prison
can only house 3,000 inmates but
their population reached to 6,000
inmates.
Leyte Regional Prison and Penal Farm
(Abuyog Leyte)

•On January 16, 1973, the

Leyte Regional Prison, was
established in Abuyog to
serve the convicted
offenders for more than
three years.
CLEMENCY

● An act or instance of leniency. It is a mechanism for granting a

person convicted of criminal offense relief from a court ordered
sentence or measure.
● It is a power given to a public officials, such as governor or the
president, to some lower or moderate the harshness of punishment
imposed upon a prisoner.
● It is considered an act of grace, since it is based on the policy of
fairness, justice and forgiveness.
● It is not a right but rather a privilege.
CLEMENCY

● According to Sec. 19 of the Art. 7 (Executive Department) of the

1987 Constitution of the Philippines, the President may grant
reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgement. He may also has the
power to grant amnesty with the concurrence of a majority of all
members of the Congress.
Executive Clemency

● Refers to Commutation of Sentence, Absolute

Pardon and Conditional Pardon with or without
parole condition as may be granted by the
President of the Philippines upon the
recommendation of the Board of Pardons and
Parole.
EXECUTIVE CLEMENCY

• Executive Clemency is an executive

function and not a function of the
judiciary.
• it is also a non- delegable power and it
can only be exercised by the President
of the Philippines.
Executive Clemency
● refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as may be granted by the President
of the Philippines. It is a tool of justice, premised on the tacit admission that
human institutions are imperfect and there are infirmities in the administration
of justice. Its exercise is guided by principles of Restorative Justice concerned
not only with granting offenders a reprieve or freeing the wrongfully convicted,
but also with facilitating the healing of the harm that crime causes to families
of both the victim and the offender, to communities, and to society at large.
Executive Clemency

is the plenary power of the President to grant ACCRA.

● Absolute Pardon

● Conditional Pardon

● Commutation of Sentence

● Reprieve

● Amnesty
WHO MAY APPLY FOR CLEMENCY
● Any person serving a number of years, life, life
without parole, or a sentence of death may
apply for clemency. A person who is not
presently incarcerated may also apply.
Consideration of Cases for executive
clemency
● The board of pardon and parole may consider cases for executive
clemency upon petition, or referral by the Office of the President, or
motu proprio.

● Recommending authority - BPP

● But still the granting authority is the PRESIDENT.

HOW TO FILE?

● Filing of Petition – A formal petition for executive clemency

addressed as follows shall be submitted to the Board before the
question of said clemency will be considered.

● Petitions for parole shall be addressed to the Chairman or to the

Executive Director of the board.
Pardon

A form of executive clemency granted by the

President of the Philippines as a privilege extended
to a convict as a discretionary act of grace.
Pardon

● Is the use of executive power that exempts individual to

whom it was given from punishment.

2 TYPES
1. Absolute Pardon
2. Conditional Pardon
1. Absolute Pardon
it is the total extinction of the criminal liability of the individual to whom it is
granted without any condition. It restores to the individual his civil and political
rights and remits the penalty imposed for the particular offense of which he was
convicted (RRRBPP, 2002, Section 2).

2. Conditional Pardon
This refers to the exemption of an individual, within certain limits or conditions,
from the punishment which the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal liability (RRRBPP, 2002, Section 2).
Constitutional Basis of Pardon

● The power to pardon, which is a form of executive

clemency, is given to the president under section 19,
article VII of the Constitution.
Kinds of pardon

● Absolute pardon

● Conditional pardon
Absolute Pardon

● It is refers to a total extinction of criminal liability of individual to

whom it is granted without any condition whatsoever and restores
to the individual his civil rights and remits the penalty impose for
the particular offense of which he was convicted
Purposes of absolute pardon

a. To right a wrong
b. To normalized a tumultuous political
situation
EXAMPLE CASE

Philippine President Rodrigo Duterte has granted “absolute pardon” to United States
Marine Joseph Scott Pemberton, clearing the way for the soldier’s early release, confirmed
Foreign Secretary Teodoro Locsin Jr.

Pemberton was convicted in December 2015 for killing Laude, a transgender woman, who
he was about to have sex with. Upon discovering she had male genitals, the US soldier
arm-locked Laude and dunked her head in the toilet bowl.

She died of asphyxia by drowning and strangulation.

Petition for absolute pardon shall be accompanied by
the following requirements.
1. Affidavits of atleast two responsible members of
the community where the petitioner resides.
2. The clearance from the police, courts and
prosecutors office where the petitioner resides.
Conditional Pardon

It refers to the exemption of an individual, within

certain limits or conditions; from punishment that
the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal
liability.
• Any person who has been granted
conditional pardon shall incur the
obligation of complying strictly with
the conditions imposed therein,
otherwise, his non compliance with
any of the conditions result in
revocation of the pardon.
Commutation of Sentence

● reduction of the duration of a prison sentence.

● It is the reduction or the mitigation of the penalty .
● is a change of the decision of the court made by the
chief executive by reducing the degree of the
penalty inflicted upon the convict, or by reducing the
length of the imprisonment or the amount of the
fine.
Sentence Commutation

● the Shortening of a term of punishment or lowering of

the level of punishment.
● According to the Revised Rules and Regulations of the
Board of Pardons and Parole (RRRBPP), commutation
refers to the reduction of the duration of & prison
sentence of a prisoner.
KEYWORDS

•Reduction of sentence
•Lowering of sentence
•Shortening of sentence
•Transforming of sentence
 Minimum requirements before commutation of
sentence is granted

● At least one half of the minimum of his indeterminate or

definite prison term.
● at least 10 years for prisoners of reclusion perpetua or
life imprisonment
 Minimum requirements before commutation of
sentence is granted

● At least 12 years of imprisonment whose sentence is

40 years.
Reprieve

● temporary stay of execution or suspension of the final execution.

● Is a postponement of the punishment for someone convicted of a
crime.
● In the Philippines, reprieve refers to the deferment of the
implementation of the sentence for an interval of time, it does not
annul the sentence but merely postpones or suspends its execution
(RRRBPP, 2002, Sec 2)
A death sentence shall be suspended when the accused
is:

1. Woman, while pregnant, and within one year after

the delivery;
2. Person over 70 years of age;
3. In cases wherein, a convicted prisoner became
insane before the actual date of execution.
RA 9346
● AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES

● SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly,

Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177),
otherwise known as the Act Designating Death by Lethal Injection is hereby repealed.
Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise
known as the Death Penalty Law, and all other laws, executive orders and decrees,
insofar as they impose the death penalty are hereby repealed or amended accordingly.
● SEC. 3. Person convicted of offenses punished with reclusion
perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not be eligible for parole under
Act No. 4180, otherwise known as the Indeterminate Sentence Law,
as amended.
Amnesty

• power of the President to grant pardon for those who

committed politically- related offences.

• Exclusive for:
Political Personalities
NPA
MILF members
Amnesty

● Refers to an act of pardoning an offense usually for

political crimes during a period of insurrection or revolt
to subjects concerned in an insurrection, which is
granted by a sovereign power and is usually exercised in
favor of a group of persons.
In the Philippines, in accordance to Proclamation 724 (1996), Amnesty
is granted to all persons who shall apply for it and who have or may
have committed crimes in pursuit of their political beliefs, whether
punishable under the Revised Penal Code or Special Penal Laws,
including but not limited to the following:
● Rebellion or insurrection
● Coup d'etat
● Conspiracy and proposal to commit rebellion, insurrection, or coup
d'etat
● Disloyalty of public officers or employees
● Inciting to rebellion or insurrection
● Sedition
● Conspiracy to commit sedition
● Inciting to sedition
● Illegal assembly;
● Illegal association;
● Direct assault:
● Indirect assault
● Resistance and disobedience to a person in authority or agents of such person
● Tumults and other disturbances of public order
● Unlawful use of means of publication and unlawful utterances
● Alarms and scandals; and
● Illegal possession of firearms, ammunitions, and explosives, committed in
furtherance of, incident to, or in connection with the crimes of rebellion and
insurrection; and violations of Art. 59 (desertion), 62 (absence without leave),
67 (mutiny or sedition, 68 (failure to suppress mutiny or sedition, 94 (various
crimes) 96 (conduct unbecoming an officer and gentleman), and 97 (general
article) of the Articles of War.
Constitutional and Statutory Mandate

● Sec 19, Article 7 of the Philippine Constitution, except in the cases

of impeachment, the President of the Philippines may grant
reprieve, commutation of sentence and pardon to a client after
conviction of the final judgment.
Petition for Executive Clemency may be reviewed
only if the petitioner meets the following
minimum requirements:

For commutation of sentence:

the inmate should have served at least 1/3 of the
definite aggregate or minimum of the indeterminate
prison term.
● A. At least ½ of the minimum of the indeterminate prison term or aggregate
minimum of the indeterminate prison term.
● B. At least 10 years for inmates sentenced to life imprisonment, for crimes/
offense not punished under R.A 7659 and other special laws.
● C. At least 13 years for inmates whose indeterminate and or definite prison terms
were adjusted to a definite prison term of 40 years in accordance with the
provisions of Article 70 of the Revised Penal Code as ammended.
● D. At least 15 years for inmates convicted of heinous crimes/ offenses as defined
in R.A 7659 or other special laws, committed on or after January 1, 1994 or
sentenced to reclusion perpetua or life imprisonment.
● E. At least 18 years for inmates convicted and sentenced to reclusion
perpetua or life imprisonment for violation of R.A 9165 and for
kidnapping for ransom, or violation of laws on terrorism, plunder and
transnational crimes.
● At least 20 years for inmates sentenced 2 or more reclusion perpetua or
life imprisonment even in their sentence were adjusted to a prison term
for of 40 years in accordance with the provision of Article 70 of the
Revised Penal Code as amended.
● F. At least 25 years for inmates originally sentenced to death penalty but
which was automatically reduced or commuted to reclusion perpetua or
life imprisonment.
Petition for Executive Clemency may be reviewed
only if the petitioner meets the following
minimum requirements:

● For Conditional Pardon- an inmate should have served

at least ½ of the maximum of the original indeterminate
and or definite prison term.
 Disqualification
Prisoners shall not be granted Executive
Clemency if:

1. They had been on conditional pardon and violated any of its condition.
2. They are recidivist.
3. 3. They were convicted of evasion of service of sentence, kidnap for ransom,
violation R.A 9165 except those convicted of the use and or possession of
prohibited or regulated drugs and offenses committed under the influence of
drugs.
 Disqualification
Prisoners shall not be granted Executive
Clemency if:

4. Their release would be at risk to the community

5. They are suffering from insanity
Parole
● In French parole means “word,” and its use in connection with the release of
prisoners was derived from the idea that they were released on their word of
honor that they would commit no further crimes. According to Revised Rules
and Regulation of the Board of Pardons and Parole, Parole refers to the
conditional release of an offender from 4 correctional institution after he has
served the minimum of his prison sentence. Paroled prisoners are supervised by
a public official, usually called a parole officer. If paroled prisoner violate the
conditions of their release, they may be returned to prison.
Similarities of Parole and Probation

● Both are not a right.

● Both can be revoked.
● Both can be Conditional
● Both Serves as Part of Sentence.
Difference between Parole and Probation
● A convict who has been sentenced to less than 6 years imprisonment without
recourse to an appeal may apply for probation. On the other hand, parole may
be applied for only after a person has served the minimum of the imposed
prison sentence.
● Probation can be awarded to first-time offenders, while parole is allowed for
individuals who have had previous, but no pending, criminal cases.
● Parole acts as temporary liberty, still holding the person under continuous
custody of the state. While probation is a privilege of remaining in the
community instead of going to prison after conviction.
Ticket of Leave

● The king granted the majority of those sentenced to death a pardon on the
condition that the offender agree to be transported to a penal colony.
● England developed a system of ticket of leave, in which convicts detained
under a sentence of transportation were allowed a measure of freedom or
the right to return to England in return for good behavior.
Release on License

● England abolished the sentence of transportation in the mid 19th

century while French penal colonies continued to operate into mid
20th century.
● Penal servitude - Release on license.
● The release was conditional on good behavior outside of prison; if
another offense was committed, the convict could be returned to
prison to serve the rest of his sentence known as the remanent.
 Rules and Regulations of the Board of Pardons and
Parole

The rules and regulation of the Board of Pardons and Parole

promulgated to govern the actions and proceedings of the Board of
Pardons and Parole in pursuant to the provisions of Section 4. of Act
No. 4103, “The Indeterminate Sentence Law”, as amended.
General Provisions

The objective of the Board of Pardons and Parole (BPP) is to uplift and redeem
valuable human material to economic usefulness and to prevent unnecessary
and excessive deprivation of personal liberty by way of parole or through
executive clemency. To accomplish this the BPP undertakes the following
(RRRBPP, 2002, Section 1):
1. Looks into the physical, mental and moral records of
prisoners who are eligible for parole or any form of executive clemency
and determines the proper time of release of such prisoners on parole;
2. Assists in the full rehabilitation of individuals on parole or those
under conditional pardon with parole conditions, by way of parole
supervision; and,
3. Recommends to the President of the Philippines the grant of any
form of executive clemency to prisoners other than those entitled to
parole.
The BPP may not consider the release on pardon/parole of a national prisoner who
is serving sentence in a municipal, city, district or provincial jail unless the
confinement in said jail is in good faith or due to circumstances beyond the
prisoner’s control. A national prisoner refers to(RRRBPP, 2002, Section 3):
a. sentenced to more than 3 yrs. or a fine of more than 5 thousand pesos
b. Regardless of the length of sentence imposed by the Court, to one sentenced for
violation of the customs law or other laws within the jurisdiction of the Bureau of
Customs or enforceable by it, or
c. One sentenced to serve two (2) or more prison sentences in the aggregate
exceeding the period of three (3) years.
● The BPP may consider the case of a prisoner for
executive clemency or parole only after his case has
become final and executory. It will not take action on the
petition of a prisoner who has a pending criminal case in
court or when his case is on appeal (RRRBPP, 2002,
Section 4).
Petitions for Executive Clemency/Parole
1. Filing of Petition
A formal petition for executive clemency addressed as follows shall be
submitted to the Board before the question of said clemency will be
considered.

The President of the Philippines

Through: The Chairman
Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor, East Avenue,
Diliman, Quezon City
● Petitions for parole shall be addressed to the Chairman
or the Executive Director of the Board. However, the
Board may, motu proprio, consider cases for parole,
commutation of sentence or conditional pardon of
deserving prisoners whenever the interest of justice will
be served thereby. (RRRBPP, 2002, Section 5)
Contents of Petition

A petition for parole/executive clemency shall state the following (RRRBPP,

2002, Section 6);
● The name of the prisoner, his age,
● Previous criminal record, if any,
● Whether a Filipino citizen or an alien and, if a naturalized Filipino, his
former nationality and date of naturalization,
● His previous occupation,
● Place of residence,
● Present crime for which he was convicted,
● The trial/appellate court, his penalty of imprisonment, fine,
indemnity and the commencing date thereof,
● The jail or prison to which he was committed and/or where he is
presently confined,
● The date he was received for confinement,
● The grounds upon which executive clemency is being asked and
● Certification from the trial court that his case is not on appeal.
Moreover, a petition for absolute pardon shall be under
oath and shall include the date the petitioner was released
from prison after service of sentence or released on
parole/pardon or terminated from probation (RRRBPP,
2002, Section 6).
 3. Supporting Documents of Petition for
Absolute Pardon
The petition for absolute pardon shall be accompanied by the following
supporting documents (RRRBPP, 2002, Section 7):
● The affidavits of at least two (2) responsible members of the community
where the petitioner resides. The affidavits shall, among others, state that
the petitioner has conducted himself in a moral and law-abiding manner
since his release from prison and shall indicate the petitioner’s occupation
and his social activities including religious involvement;
● The clearances from the National Bureau of Investigation, the Philippine
National Police, the Prosecutor's Office, the Municipal Circuit Trial
Court, the Municipal Trial Court, the Municipal Trial Court in Cities, the
Metropolitan Trial Court and the Regional Trial Court where petitioner
resides;
● Proof of payment of indemnity and/or fine, or in lieu thereof,
certification from the City/Municipal Treasurer or Probation and Parole
Officer on his financial condition; and
● Proof of service of sentence or certificate of Final Release and Discharge
or court’s Termination Order of probation.
 Referral of Petition for Absolute Pardon to a
Probation and Parole Officer

Upon receipt of a petition for absolute pardon, the Board must refer the
petition to a Probation and Parole Officer (PPO) who shall conduct an
investigation on the conduct and activities, as well as the social and
economic conditions, of the petitioner prior to his conviction and since his
release from prison and submit a report thereof within fifteen (15) days
from receipt of the referral (RRRBPP, 2002, Section 8).
 Referral of Petition for Executive
Clemency/
Parole to Other Government Agencies
A petition for executive clemency must be referred by the Board to the Secretary of National
Defense for comment and recommendation if the crime committed by the petitioner is against
national security or public order or law of nations. In case of violation of election laws, rules and
regulations, a petition for executive clemency/parole shall be referred to the Commission on
Elections (COMELEC) for favorable recommendation, . provided, however, that regardless of
the crime committed, a petition for executive clemency/parole may be referred for a pre-
parole/executive clemency investigation to a PPO who shall submit a report on behavior,
character antecedents, mental and physical condition of the petitioner within thirty (30) days
from receipt of referral, to include results of the National Bureau of Investigation (NBI) records
check. In case of an alien, the petition shall be referred to the Department of Foreign Affairs
(DFA) for comment and recommendation (RRRBPP, 2002, Section 9).
 REVIEW OF CASES
FOR EXECUTIVE CLEMENCY
Extra ordinary circumstances

● The board shall recommend to the President the grant of

executive clemency when the following extraordinary
circumstances are present such that a strict application
of the law will result in manifest injustice.
A. The trial court appellate court in its decision recommended
the grant of executive clemency for the prisoner.
B. Under the peculiar circumstances of the case, the penalty
imposed is too harsh compare to the crime committed.
C. Evidence which the court failed to consider, before
conviction, which would have justified an acquittal of the
accused.
D. Prisoners who were over nine (9) years old but under
eighteen (18) years of age at the time of the commission of the
offense.
E. Prisoners who are 70 years old and above who have served atleast 5
years of their sentence or those whose continued imprisonment is inimical
to their health as recommended by a physician designated by the
department of health or designated by the Malacanang clinic Director
F. Prisoners who suffer from serious and life threatening illness/disease or
severe physical disability such as those who are totally blind, paralyzed,
bedridden, etc.
G. Alien prisoners where diplomatic considerations and amity among
nations necessitate review.
H. Such other similar or analogous circumstances whenever the interest of
justice will be served thereby.
 Other circumstances
If none of the extra ordinary circumstances is
present, petitions for executive clemency may be
reviewed if the prisoners meet the following
minimum requirements
(Res. 24-4-10, Section VI):
 For Commutation of Sentence
a. At least one-third (1/3) of the definite or aggregate prison terms;
b. At least one-half (1/2) of the minimum indeterminate prison term or aggregate
minimum of the indeterminate prison terms;
c. At Least ten (10) years for inmates sentenced to one (1) reclusion perpetua or one (1)
life imprisonment, for
crimes/offenses not punished under Republic Act No. 7659 and other special laws;
d. At least 13 years for inmates whose indeterminate and/or definite prison terms were
adjusted to a definite prison terms were adjusted to a definite prison term of 40 years in
accordance with the provisions of the RPC as amended:
 For Commutation of Sentence
e. At least 15 years for inmates convicted of heinous crimes/offenses as defined in
RA No. 7659 of other special laws, committed on or after Jan. 1, 1994 and
sentenced to one (1) reclusion perpetua or one life imprisonment.
f. At least 18 years for inmates convicted and sentenced to reclusion perpetua or
life imprisonment for violation RA 6425 as amended otherwise known as "The
Dangerous Drugs Act of 1972: or RA 9165 also known as "The Comprehensive
Dangerous Drugs Act of 2002" and for kidnapping for ransom or violation of the
laws on terrorism, plunder and transnational crimes;
For Commutation of Sentence

g. At least 20 years for inmates sentenced to 2 or more reclusion

perpetua or life imprisonment even if their sentences were adjusted to
a definite prison term of 40 years in accordance with the provisions of
Art. 70 of the RPC as amended;
h. At least twenty-five (25) years for inmates originally sentenced to
death penalty but which was automatically reduced or commuted to
reclusion perpetua or life imprisonment.
2. For Conditional Pardon

An inmate should have served at least one

half (1/2) of the maximum of the original
indeterminate and/or definite prison term.
3. For Absolute Pardon

a. After he has served his maximum sentence or granted

final release and discharge or court termination of
probation. However, the Board may consider a petition for
absolute pardon even before the grant of final release and
discharge under the provisions of Section 6 of Act No.
4103, as amended, as when the petitioner:
3. For Absolute Pardon

i. is seeking an appointive/elective public position or

reinstatement in the government service;
ii. needs medical treatment abroad ‘which is not available
locally,
iii. will take any government examination; or
iv. is emigrating.
3. For Absolute Pardon

It is important to note that, prisoners who escaped or

evaded service of sentence are not eligible for executive
clemency for a period of one (1) year from the date of their
last recommitment to prison or conviction for evasion of
service of sentence (RRRBPP, 2002, Section 11).
Review of Cases for Parole

An inmate’s case may be eligible for review by the board provided

(Res. 24-4-10, 2010, Section I):

1. Inmate is serving an indeterminate sentence the maximum period of

which exceeds one (1) year;
2. Inmate has served the minimum period of the indeterminate
sentence;
3. Inmate’s conviction is final and executory;
Review of Cases for Parole

In case the inmate has one or more co-accused who had been
convicted, the director/warden concerned shall forward their prison
records and carpetas/jackets at the same time.

4. Inmate has no pending criminal case; and

5. Inmate is serving sentence in the national penitentiary, unless the
confinement of said inmate in a municipal, city, district or provincial jail
is justified.
Grant of Parole

Whenever the Board of Pardons and Parole finds

that there is a reasonable probability that, if
released, the prisoner will be law-abiding and that
the release will not be incompatible with the
interest and welfare of society (PPA, 2017, p.13).
Disqualification for Parole
In pursuant to Section 2 of Act No. 4103, as amended, otherwise known as the
“Indeterminate Sentence Law”, parole shall not be granted to the following inmates (Res.
24-4-10, 2010, Section II):

● Those convicted of offenses punished with death penalty of life imprisonment;

● Those convicted of treason, conspiracy or proposal to commit treason or espionage;
● Those convicted of misprision treason, rebellion, sedition or coup d’ etat;
● Those convicted of piracy or mutiny on the high seas or Philippine waters
Disqualification for Parole

● Those who are habitual delinquents, i.e., those who, within a period of ten
(10) years from the date of release from prison or last conviction of the
crimes of serious or less serious physical injuries, robbery, theft, estafa, and
falsification, are found guilty of any of said crimes a third time or oftener;
● Those who escaped from confinement or evaded sentence;
● Those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms thereof;
Disqualification for Parole

● Those whose maximum term of imprisonment does not exceed one (1) year
or those with definite sentence;
● Those convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion
● perpetua by reason of Republic Act No. 9346 enacted on June 24, 2006,
amending Republic Act No. 7659 dated January 1, 2004; and
● Those convicted for violation of the laws on terrorism, plunder and
transnational crimes.”
 Proceedings of the Board
1. Interview of Prisoners
Any Board member or government official authorized by the Board may interview prisoners confined in
prison or jail to determine whether or not they may be released on parole or recommended for executive
clemency. The Board or its authorized representatives shall interview an inmate who was sentenced to
Reclusion Perpetua or Life imprisonment, or whose sentence had been commuted from Death to Reclusion
Perpetua.
Before an interview, the Board may require a prisoner convicted of a heinous crime as defined under
Republic Act No. 7659 and other special laws to undergo psychological/psychiatric examination if the
prisoner has a history of mental instability, or in any case, if the Board finds a need for such examination in
the light of the nature of the offense committed or manner of its commission (RRRBPP, 2002, Section 17).
2. Publication of those Eligible for Executive
Clemency/Parole

The Board will publish in a newspaper of general circulation the names

of prisoners convicted of heinous crimes Or those Sentences by final
judgment to Reclusion Perpetua or Life imprisonment, who may be
considered for release on parole or for recommendation for absolute
or conditional pardon (RRRBPP, 2002, Section 18).
3. Objections to Petitions
When an objection is filed, the Board may consider the same by requesting the
person objecting to attach thereto evidence in support thereof. In no case,
however, shall an objection disqualify from executive clemency/parole the
prisoner against whom the objection is filed (RRRBPP, 2002, Section 19). The
carpeta and prison record of the prisoner and other relevant documents, such as
the mittimus or commitment order, prosecutor’s information and trial/appellate
court's decision of the case of the prisoner shall be considered by the Board in
deciding whether or not to recommend executive clemency or to grant parole
(RRRBPP, 2002, Section 20).
Factors to be Considered in Petition for Conditional
Pardon, Commutation of Sentence or Parole
The following factors may be considered by the
Board in the grant of conditional pardon,
commutation of sentence or parole (RRRBPP,
2002, Section 21):
● The age of the petitioner, the gravity of the offense and the manner in which it
was committed, and the institutional behavior or conduct and previous
criminal record, if any;
● Evidence that petitioner will be legitimately employed upon release;
● A showing that the petitioner hasa place where he will reside;
● Availability of after-care services for the petitioner who is old, seriously ill or
suffering from a physical disability;
● Attitude towards the offense and the degree of remorse; and,
● The risk to other persons, including the victim, his witnesses, his family and
friends the possibility of retaliation by the victim, his family and friends.
Special Factors
The BPP may give special consideration to the recommendation for commuutation
of sentence or conditional pardon whenever any of the following circumstances
are present (RRRBPP, 2002, Section 22):
● Youthful offenders;
● Prisoners who are sixty (60) years old and above;
● Physical disability such as when the prisoner is bedridden, a deaf mute, a leper,
a cripple or is blind or similar disabilities;
● Serious illness and other life-threatening disease as certified by a government
physician;
● Those prisoners recommended for the grant of executive clemency
by the trial/appellate court as stated in the decision;
● Alien prisoners in which diplomatic considerations and amity
between nations necessitate review;
● Circumstances which show that his continued imprisonment will be
inhuman or will pose a grave danger to the life of the prisonr or his
co inmates; and,
● Such other similar or analogous circumstances whenever the
interest of justice will be served thereby.
4. Board Action
A majority of the members of the Board, constituting a quorum", shall be necessary to
recommend the grant of executive clemency or to grant parole; to modify any of the
terms and conditions appearing in a Release Document, to order the arrest and
recommitment of a parolee/ pardonee; and to issue certificate of Final Release and
Discharge to a parolee/pardonee. The minutes of the meeting of the Board shall show
the votes of its individual members and the reason or reasons for voting against any
matter presented for the approval of the Board. Any dissent from the majority opinion
to grant or deny parole shall be reduced ; in writing and shall form part of the records
of the proceedings (RRRBPP, 2002, Section 25)
 5. Executive Clemency/Parole of An Alien

● The Board may recommend the grant of executive clemency or

grant parole to a prisoner who is an alien. In such a case, the alien
who is released on parole or pardon shall be referred to the Bureau
of Immigration for disposition,documentation and appropriate
action (RRRBPP, 2002, Section 26).
Parole Supervision

After release from confinement, a client shall be placed

under the supervision of a Probation and Parole Officer so
that the former may be guided and assisted towards
rehabilitation. The period of parole supervision shall
extend up to the expiration of the maximum sentence
which should appear in the Release Document” (RRRBPP,
2002, Section 27):
The Board Shall senda copy of the Release Document to the prisoner named therein through
the Director of Corrections or Warden of the jail where he is confined who shall send a
certification of the actual date of release of prisoner to the Probation and Parole Officer
(RRRBPP, 2002, Section 28). Within the period prescribed in his Release Document, the prisoner
shall present himself to the Probation and Parole Officer specified in the Release Document for
supervision. If within forty five (45) days from the date of release from prison or jail, the
parolee/ pardonee concerned still fails to report, the Probation and Parole Officer shall inform
the Board of such failure, for appropriate action (RRRBPP, 2002, Section 30). The Probation and
Parole Officer concerned shall inform the Board through the Technical Service, Parole and
Probation Administration the date the client reported for supervision not later than fifteen (15)
working days therefrom (RRRBPP, 2002, Section 31).
It is mandatory for a client to comply with the terms and conditions
appearing in the release document. The BPP may, upon the
recommendation of the Probation and Parole Officer, revise or modify the
terms and conditions appearing in the Release Document (RRRBPP, 2002,
Section 32-33). Without the prior written approval of the Regional Director
subject to the confirmation by the Board, a client may not transfer from the
place of residence designated in his Release Document (RRRBPP, 2002,
Section 34).
A Chief Probation and Parole Officer may authorize a client to travel
outside his area of operational jurisdiction for a period of not more than
thirty (30) days. Travel for more than 30 days shall be approved by the
Regional Director. Any parolee or pardonee under active supervision/
surveillance who has no pending criminal case in any court may apply for
overseas work or travel abroad. However, such applications for travel
abroad shall be approved by the Administrator and confirmed by the
Board (RRRBPP, 2002, Section 35)
If any case client dies during supervision, the Probation and Parole
Officer shall immediately transmit a certified true copy of the client's
death certificate to the Board recommending the closing of the case.
However, in the absence of a death certificate, an affidavit narrating the
circumstances of the fact of death from the barangay chairman or any
authorized officer or any immediate relative where the client resided,
shall suffice (RRRBPP, 2002, Section 37).
Infraction/Violation of the Terms and Conditions of the
Release Document

A Progress Report should be submitted by the PPO to the BPP in case that a
parolee/pardonee commits another offense during the period of his parole
surveillance, and the case filed against him has not yet been decided by the
court (RRRBPP, 2002, Section 38).
 Infraction/Violation of the Terms and Conditions of the
Release Document
An Infraction Report (IR) is a report submitted by the PPO to the BPP when the
client has been subsequently convicted of another crime; or any violation of the
terms and conditions appearing in his Release Document or any serious deviation
or non-observance of the obligations set forth in the parole supervision program.
This IR should be reported immediately to the BPP. (RRRBPP, 2002, Section 39).
Upon receipt of an IR, the BPP may order the arrest or recommitment of the client.
The client who is recommitted to prison by the Board shall be made to serve the
remaining unexpired portion of the maximum sentence for which he was originally
committed to prison (RRRBPP, 2002, Section 40-41).
Cancellation of Pardon/Parole

The BPP may recommend the cancellation of the pardon or cancel the
grant of parole of a client if it finds that material information given by
said client to the BPP, either before and after release, was false, or
incomplete or that the client had willfully or maliciously concealed
material information from the BPP. The BPP may consider the case of a
recommitted parolee for the grant of a new parole after the latter shall
have served one-fourth (1/4) of the unserved portion of his maximum
sentence (RRRBPP, 2002, Section 42-43).
 Termination of Parole and Conditional Pardon

After the expiration of the maximum sentence of a client, the BPP shall, upon the
recommendation of the Chief Probation and Parole Officer CPPO that the client has
substantially complied with all the conditions of his parole/pardon, issue a
Certificate of Final Release and Discharge to a parolee or pardonee. However, even
before the expiration of maximum sentence and upon the recommendation of the
CPPO, the BPP may issue a certificate of Final Release and Discharge to a parolee/
pardonee pursuant to the provisions of Section 6 of Act No. 4103, as amended
(RRRBPP, 2002, Section 44).
 Termination of Parole and Conditional Pardon

Upon the issuance of a certificate of Final Release and Discharge, the

parolee/pardonee shall be finally released and discharged from the conditions
appearing in his release document. However, the accessory penalties of the law
which have not been expressly remitted therein shall subsist (RRRBPP, 2002, Section
45).
 Chapter 1
Criminal Rehabilitation and
Therapeutic Community
Modality
 Rehabilitation
● According to the World Health Organization (WHO) (2022),
rehabilitation is defined as a set of interventions designed to
optimize, functioning and reduce disability in individuals with
health conditions in interaction with their environment. It is an
essential part of universal; health coverage along with
promotion of good health, prevention of disease, treatment and
palliative care. It helps a child, adult or older person to be as
independent as possible in everyday activities and enables
participation in education, work, recreation and meaningful life
roles such as taking care of family.
 What is a Person Deprived of Liberty (PDL)?

● Revised Implementing Rules and Regulations of the

Republic, Act No. 10575 or The Bureau of Corrections
Act of 2013, defined Person Deprived of Liberty (PDL) a
detainee, inmate, or prisoner, or other person under
confinement or custody in any other manner.
 The Nelson
Mandela Rules
Basic Principles of
the Nelson
Mandela Rules
 Rule 1
● All prisoners shall be
treated with the respect
due to their inherent
dignity and value as
human beings.
 Rule 2
● The present rules shall be
applied impartially. There
shall be no discrimination
on the grounds of race,
color, sex, language,
religion, political or other
opinion, national or social
origin, property, birth or
any other status.
 Rule 3
● Imprisonment and other
measures that result in
cutting off persons from the
outside world are afflictive
by the very fact of taking
from these persons the right
of self determination by
depriving them of their
liberty.
Rule 4
● The purposes of a sentence
of imprisonment or similar
measures deprivative of a
person’s liberty are
primarily to protect society
against crime and to reduce
recidivism.
 Rule 5
● The prison regime should
seek to minimize any
differences between prison
life and life at liberty that
tend to lessen the
responsibility of the
prisoners or the respect
due to their dignity as
human beings.
 Rehabilitation and Penology
● Penology, also known as Penal Science, is the division of
criminology that concerns itself with the philosophy and
practice of society in its efforts to repress criminal
activities (Britannica Encyclopedia, 2016).
Goals of Criminal
Sentencing
Sentences
● are punishments for convicted defendants. Imposition of sentences
is a judicial function to be performed by sentencing courts. The
function of sentencing courts is to impose a sentence upon each
offender that is appropriate to the offense and the offender.
Types & Goals of Contemporary Criminal Sentencing

● Retribution
● Incapacitation
● Deterrence
● Rehabilitation
● Restoration
Conceptions of Criminal Rehabilitation

1. Rehabilitation as Anti-Recidivism
2. Rehabilitation as Harm-Reduction
3. Rehabilitation as Therapy
4. Rehabilitation as Moral Improvement
5. Rehabilitation as Restoration
Rehabilitation and Reformation of PDL
History of Rehabilitative and
Reformative Approach
Cesare Beccaria
Samuel Romilly
Zebulon Brockway
Robert Martinson
Mark Lipsey and Francis Cullen
 What is a
Therapeutic
Community?
 What is a Therapeutic Community?
● The Therapeutic Community (TC) is
an environment that helps people get
help while helping others. It is a
treatment environment: the
interactions of its members are
designed to be therapeutic within the
context of the norms that require for
each to play the dual role of client
therapist (Probation.gov.ph, n.d.).
Therapeutic Community Modality
Activities in Therapeutic
Community Modality
 Activities in Therapeutic Community Modality

● Individual and Group Counseling

● Moral, Spiritual, Values Formation
● Work or Job Placement/Referral
● Vocational/ Livelihood and Skills Training
● Health, Mental and Medical Services
● Literacy and Education
 Activities in Therapeutic Community Modality

● Community Service
● Client Self-Help Organization
● Payment of Civil Liability
● Environment and Ecology Awareness Programs
● Sports and Physical Fitness
 CHAPTER 2
BJMP THERAPEUTIC
COMMUNITY MODALITY
PROGRAM
Bureau of Jail Management and Penology

The Bureau of Jail Management

and Penology (BJMP) was created
to address growing concern of jail
management and penology
problems, as one of the five
pillars of the Criminal Justice
System.
Mandates and Functions of BJMP

● The BJMP is mandated to direct,

supervise and control the
administration and operation of
all district, city and municipal jail
nationwide with pronged tasks of
safekeeping and development of
PDL
 FUNCTIONS ROOTED ON MISSION
1. Formulate policies and guidelines in the administration of
all district, city, and municipal jails nationwide;
2. Implement strong security measures for the control of
PDL;
3. Provide for the basic needs of PDL;
4. Conduct activities for the development of PDL;
5. Improve jail facilities; and,
6. Promote the general welfare and development of
personnel.
BJMP Core Programs
● Provision of Basic Needs
● Health Services
● Educational Program
● Skills Training/ Enhancement Program
● Livelihood Program
● Behavioral Management/ Modification Program
● Interfaith Program
● Cultural and Sports Program
● Paralegal Program
● E-Dalaw
What is the BJMP Therapeutic Community Modality
Program?

● BJMP employs Therapeutic

Community Modality Program
(TCMP) as its Behavioral
Management/ Modification
Program.
Therapeutic Community Modality Program (TCMP)

● is a self help social learning treatment model which

utilizes the community as, the primary therapeutic
vehicle to foster behavioral and attitudinal change. In
this program each participant is expected to be a
contributing member of the community and develops
the impetus to change by being a member of the
community.
 Development of BJMP
Therapeutic Community
Program
 1. The American Drug-free Hierarchical Concept-based TC

● It is a self-help movement for the

treatment of substance abusers;
primarily using behavioral
modification techniques. It is
based on self-help principles.
Understanding and compassion is
combined with discipline and
hierarchy. Life is structured on the
basis of clear and consistent rules.
Concept based TC has the following principles:

● Community
● Hierarchy
● Confrontation
● Self - help
 2. The British Democratic Maxwell Jones-type TC

● It is most commonly associated with

Maxwell Jones. It developed as a
professional group work method to
treat people suffering from a range of
psychiatric difficulties, primarily using
social learning principles. It is a small
face-to face residential community
using social analysis as its main tool.
Democratic TC has four central principles:
● Permissiveness
● Democracy
● Communalism
● Reality testing
The Philippines
● DAYTOP International trainers sponsored by the
US State Department.

● The program was initially implemented in

selected jails in the National Capital Region
(NCR).
Conceptual Framework of BJMP Therapeutic Community
Behavior
Management

Therapeutic Emotional
Vocational
Community and
and Survival
Modality Psychological
Skills
Program
(TCMP)

Intellectual
and Spiritual
BJMP Therapeutic Community Philosophy

I am here because there is no refuge, finally, from myself.

Until I confront myself in the eyes and hearts of others,
I am running.
Until I suffer them to share my secrets,
I have no safety from them.
Afraid to be known,
I can know neither myself nor any other,
I will be alone.
 BJMP Therapeutic Community Philosophy

Where else but in our common ground can I see such a

mirror?
Here, together, I can at last appear clearly to myself,
not as the giant of my dreams nor the dwarf of my fears, but
as a person, part of the whole, with my share in its purpose.
In this ground, I can take root and grow, not alone anymore,
as in death but alive to myself and to others.
Cardinal Rules in BJMP Therapeutic Community

1. No sex or sexual acting out

2. No drugs/ Alcohol
3. No violence or threat of violence
4. No stealing
BJMP Therapeutic Community House Rules

1. No destruction of jail property;

2. Respect staff and status;
3. Follow directions without feedback;
4. No cigarette smoking;
5. No contraband;
6. No gambling;
7. Be on time in all activities;
8. Lights off at 10:00 PM;
BJMP Therapeutic Community House Rules

9. No talking/laughing after lights off;

10. Maintain good grooming and hygiene;
11. No vandalism;
12. Be courteous to people;
13. Use the chain of command;
14. No talking/laughing during the Morning meeting and
other activities;
15. No lending or borrowing without permission; and
16. Respect other people’s property.
 Phases of BJMP
Therapeutic Modality
 Phase I- Entry/Orientation Phase

● Once a PDL is committed to jail, he

undergoes a series of examinations to
determine his physical, social and
psychological status. Upon his
commitment, a resident is placed on
orientation at the Reception and.
Diagnostic room/ Orientation Room. In
here, he is acquainted with the TC
program.
 Phase II- Primary Treatment

● After proper orientation on

the different TC concepts and
tools, the norms and rules of
the community and the staff
members, the resident is now
ready to undergo the proper
treatment.
 Phase III- Pre Re-entry

● Under regular circumstances, the

resident is expected at this stage to
have internalized the TC values and
concept to start life afresh. However,
in the jail setting where-entry and
release are not within the jail control,
residents may not have reached this
phase of treatment before they even
leave the jail facility.
 Phase IV- Re-entry
● In the ideal setting, a resident at
this stage is now ready to be
released back to society as he
has demonstrated adequate
self-control and discipline. The
inmate is now preparing for his
life outside of jail and is focused
on making himself a productive
citizen. He may start planning
for job hunting and rebuilding
family ties and relationships
 Phase V- Aftercare
● Aftercare is an outpatient,
program that requires clients
to report twice a week to an
outreach center. They are
required to attend group
sessions to ensure their
adjustment to life outside jail
to reduce recidivism.
Standard Parameters of Jail TCMP

1. Physical Environment
2. TCMP Staff
3. The Therapeutic Environment (The PDLs /
Residents)
 CHAPTER 3
COMPONENTS OF BJMP
THERAPEUTIC
COMMUNITY MODALITY PROGRAM
Components of Therapeutic Community Modality Program

The Therapeutic Community Modality Program of BJMP

has four interconnected development aspects:
● Behavior Management;

● Emotional and Psychological;

● Intellectual and Spiritual; and

● Vocational and Survival Skills

 Behavior Management Aspect in TCMP
● Behavior management
refers to a class of
therapeutic techniques
for altering behavior by
changing one or more
aspects of an individual’s
environment.
Objectives of Behavior Management in TCMP
The following are the objectives of behavior management in
Therapeutic Community Model (BJMP TCMP Manual, n.d.):

1. To introduce the concept of behavior management through

the use of various behavior shaping tools to residents;
2. To institutionalize the practice of behavior shaping tools to
foster behavior change among residents; and:
3. To highlight the importance of behavior management in
relation to the other TCMP components towards attitudinal
change among residents.
Indicators of Behavior Management in TCMP
1. Residents will understand the different Behavior Shaping
Tools and practice them as part of their daily living;
2. Residents will utilize the different behavior shaping tools in
promoting change within themselves and others;
3. Residents will display improvement in demeanor,
communication and social skills; and
4. Residents will understand the relevance of the different tools
in the attainment of behavioral change.
 Behavior
Shaping Tools
Pre Morning Meeting
● It is done early in the morning
prior to the Morning Meeting.
This is to make sure that
everything is ironed out prior to
the conduct of the Morning
Meeting such as the validation
of pull-ups and other concerns.
 Morning Meeting
It is a daily ritual that starts the day
in a Therapeutic Community facility.
It is attended by the whole
community and lasts for an hour. It
is divided into two (2) parts namely:

● 1) public announcements and

community concerns and
● 2) community-spirit building or
up rituals
Major Behavior Shaping Tools

They were developed as a means to correct behaviors of

the residents that violated the TC norms.
● Talk to

● Pull Up

● Dealt With

● Haircut

● Learning Experience/Bans

● General Meeting

● Expulsion
The Pre Morning
and Morning
Meeting
 Morning
Meeting
1. Public Announcements and Community Concerns
2. Community-Spirit Building or Up Rituals
 Structure of the
Morning Meeting

1. Community Announcements and Concerns

2. Community-Spirit Building or Up Rituals
 Hierarchy of
Behavior
Shaping Tools
 Expulsion

General Meeting

Learning Experience

Haircut
Dealt With

Pull Up

Talk To
ICON PACK
ALTERNATIVE RESOURCES
Here’s an assortment of alternative resources whose style fits that of this template:
● Prison isometric icons set of policeman offender warden and prisoner characters isolated vector
illustration
● Silhouette barbed wire collection