Republic of the Philippines

Province of Nueva Ecija

City of Gapan
GAPAN CITY COLLEGE
City Hall Compound, Brgy. Bayanihan, Gapan City, Nueva Ecija

DEPARMENT OF CRIMINAL JUSTICE EDUCATION

INTERGATED REVIEW
CORRECTIONAL ADMINISTRATION
( INSTITUTIONAL CORRECTION )
PENOLOGY - The study of punishment for crime or of criminal offenders. It includes the study of control and prevention
of crime through punishment of criminal offenders. The term is derived from the Latin word "POENA" which means pain
or suffering.
❖ - Penology is otherwise known as Penal Science.

CORRECTION - A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders.
- It is the study of jail/prison management and administration as well as the rehabilitation and
reformation of criminals.

Penitentiary Science - is limited only to the study of penalties dealing with deprivation of liberty.
Penal Management - Refers to the manner or practice of managing or controlling places of confinement as in jails or
prisons.
Correctional Administration - The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal
offenders.

Correction as one of the pillars of Criminal Justice System is considered as the weakest pillar
This is because of its failure to deter individuals in committing crimes as well as the reformation of inmates. This
is evident in the increasing number of inmates in jails or prisons. Hence, the need of prison management is necessary to
rehabilitate inmates and transform them to become law-abiding citizens after their release.

Two Approaches of Correction

1. Institutional Correction (Institutional-based Correction ) - rehabilitation or correctional programs take place inside
correctional facilities or institutions.

2. Non-Institutional Correction (Community-based Correction) – rehabilitation or correctional programs take place

within the community.

Important Dates and Events in the History of Corrections

13th Century - Securing Sanctuary
In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40 days at the
end of which time he has compelled to leave the realm by a road or path assigned to him.
1468 (England)
Torture as a form of punishment became prevalent.
16th Century
Transportation of criminals in England, was authorized. At the end of the 16th C, Russia and other European
Countries followed this system. It partially relieved overcrowding of prisons. Transportation was abandoned in 1835.
17th C to late 18th C
Death Penalty became prevalent as a form of punishment.

The Golden Age of Penology

The period from 1870 to 1880 was considered the golden age of penology because of the following significant
events: 1870-the National prisons Association organized in Cincinnati, Ohio.

1872
the First International Congress was held at London w/c established the International Penal and Penitentiary
Commission;
1875
its headquarters was established at Hague, Netherlands.

1876
the Elmira Reformatory (Forerunner of modern penology) was established in New York.

The First separate institution for women were established in Indiana and Massachusetts.

❖GAOLS - (Jails) - pretrial detention facilities operated by English Sheriff.

❖ Galleys - long, low, narrow, single decked ships propelled by sails, usually rowed by criminals. A type of ship used for
transportation of criminals in the 16th century.
❖ Hulks - decrepit transport, former warships used to house prisoners in the 18th and 19th century. These were
abandoned warships converted into prisons as means of relieving congestion of prisoners. They were also called
"floating hells".

THE AGE OF ENLIGHTENMENT

18th Century is a century of change. It is the period of recognizing human dignity. It is the
movement of reformation, the period of introduction of certain reforms in the correctional field by certain
person, gradually changing the old positive philosophy of punishment to a more humane treatment of
prisoners with innovational programs.

The Pioneers
1. William Penn (1614-1718) - He fought for religious freedom and individual rights. He is the first leader to prescribe
imprisonment as correctional treatment for major offenders.
He is also responsible for the abolition of death penalty and torture as a form of punishment.
2. Charles Montesquieu - (1689-1755) A French historian and philosopher who analyzed law as an expression of justice.
He believe that harsh punishment would undermine morality and that appealing to moral sentiments as a better means
of preventing crime.
3. VOLTAIRE (Francois Marie Arouet) (1694-1778) He was the most versatile of all philosophers during this period. He
believes that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture.
4. Cesare Bonesa, Marchese de Beccaria (1738-1794) He wrote an essay entitled "An Essay on Crimes and Punishment",
the most exiting essay on law during this century. It presented the humanistic goal of law.
5. Jeremy Bentham (1748-1832) the greatest leader in the reform of English Criminal law. He believes that whatever
punishment designed to negate whatever pleasure or gain the criminal derives from crime, the crime rate would go
down. the one who devise the ultimate PANOPTICAN PRISON a prison that consists of a large circular building containing
multi cells around the periphery. It was never built.
6. John Howard (1726-1790) the sheriff of Bedsfordshire in 1773 who devoted his life and fortune to prison reform.
After his findings on English Prisons, he recommended the following:
- single cells for sleeping
- segregation of women
- segregation of youth
- provision of sanitation facilities
- abolition of fee system by which jailers obtained money from prisoners.

The Reformatory Movement

1. Alexander Maconochie He is the Superintendent of the penal colony at Norfolk Island in Australia (1840) who
introduced the "Mark System". A system in which a prisoner is required to earn a number of marks based on proper
department, labor and study in order to entitle him for a ticket for leave or conditional release which is similar to
parole.
2. Manuel Montesimos The Director of Prisons in Valencia Spain (1835) who divided the number of prisoners into
companies and appointed certain prisoners as petty officers in charge, which allowed good behavior to prepare the
convict for gradual release.
3. Domets of France - established an agricultural colony for delinquent boys in 1839 providing housefathers as in charge
of these boys.
4. Sir Evelyn Ruggles Brise- The Director of the English Prison who opened the Borstal Institution for young offenders.
The Borstal Institution is considered as the best reform institution for young offenders today
5. Walter Crofton-He is the Director of the Irish Prison in 1854 who introduced the Irish system that was modified from
the Maconochie's mark system.
6. Zebulon Brockway The Director of the Elmira Reformatory in New York (1876) who introduced certain innovational
programs like the following: training school type compulsory education of prisoners casework methods extensive use of
parole - indeterminate sentence. - He was given the title "father of Prison Reform" in the United States.
Elmira Reformatory- is considered forerunner of modern penology because it had all the elements of a modern system.
 The Two Rival Prison System in the History of Correction
A. The Auburn Prison System - the prison system called the "Congregate System".
The prisoners are confined in their own cells during the night and congregate work in shops during the day. Complete
silence was enforced.

B. The Pennsylvania Prison System the prisons system called "Solitary System".
Prisoners are confined in single cells day and night where they lived, they slept, they ate and receive religious
instructions. Complete Silence was also enforced. They are required to read the Bible.

Early Prisons
Prison- from the Greco roman word "presidio" which is synonymous to fence, cave, or dungeon.

Mamertine Prison - the only early Roman place of confinement which is built under the main sewer of Rome in 64 B.C *
Other places of confinement in the history of confinement include FORTRESSES, CASTLES, and TOWN GATES that were
strongly built purposely against roving bands of raiders.

The most popular workhouse was the BRIDEWELL WORKHOUSE (1557) in London which was built for the employment
and housing of English prisoners.

Walnut Street Jail - originally constructed as a detention jail in Philadelphia. It was converted into a state prison and
became the first American Penitentiary.
Alcatraz Prison - it is an island in San Francisco bay. It was the site of infamous prison noted for its inhumane treatment
and tortures.
Auschwitz Prison- Built by the Germans near Cracow Poland. It was popularly known as the death camp headed by
Rudolf Hoess. More than 2 million innocent victims perished either by torture, or gas chamber in this infamous dreaded
concentration camp.

Early prisons in the Philippines

Pre-Spanish period- prison system in the Philippines was tribal in nature. Village chieftains administered it.
In 1847, the first Bilibid Prison was constructed and became the central place of confinement for Filipino Prisoners by
virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended as a site for
boys' training school. Today, the old Bilibid Prison is now being used as the Manila City Jail, famous as the "May
Halique Estate".

Punishment
- It is the redress that the state takes against an offending member of society that usually involve pain and suffering.
- It is also the penalty imposed on an offender for a crime or wrongdoing.

Ancient Forms of Punishment

1. Death Penalty affected by burning, beheading, hanging, breaking at the wheels, pillory and other forms of medieval
executions.
2. Physical Torture affected by maiming, mutilation, whipping and other inhumane or barbaric forms of inflicting pain.
3. Social Degradation-putting the offender into shame or humiliation.
4. Banishment or Exile the sending or putting away of an offender which was carried out either by prohibition against
coming into a specified territory such as an island to where the offender has been removed.
5. Other similar forms of punishment like transportation and slavery

Early Forms of Prison Discipline

1. Hard Labor - productive works.
2. Deprivation - deprivation of everything except the bare essentials of existence
3. Monotony - giving the same food that is "off" diet, or requiring the prisoners to perform drab or boring daily routine.
4. Uniformity -"we treat the prisoners alike". " the fault of one is the fault of all".
5. Mass Movement - mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation - uttering insulting words or languages on the part of prison staff to the prisoners to degrade or break
their confidence
7. Corporal Punishment - Imposing brutal punishment or employing physical force to intimidate a delinquent inmate.
8. Isolation or Solitary Confinement - non-communication, limited news, " the lone wolf".

Methods of Death Penalty Executed in the Philippines

Garrote- an iron collar is attached upon a scaffold. This became popular when three priest GOMBURZA were executed in
1872 by the Spanish Colonial rulers for exposing the venalities of the church. This method of execution was abolished in
the Philippines by virtue of Act No. 451.
Firing Squad-our national hero Dr. Jose Rizal and Drug lord Lim Seng met their death by firing squad.
Beheading or Decapitation-Instead of using an axe, the method employed was by the use of sword and the practice is
widespread in China and Muslim countries.
Hanging-mostly the execution is conducted at dawn. The executioner will place a cloth over his head. Steel weights are
strapped to the legs of the death convict to ensure that he will die quickly. Then the rope will be placed around the neck
of the convict, and finally, the platform will be removed.
Electric Chair- the Muntinlupa electric chair has claimed more than 70 offenders convicted of capital offenses since its
installation four decades ago. The convict is seated on the chair made of electric conducting materials with strap of
electrodes on the wrist, ankle, and head. Upon orders, the levers will be pulled up and the fatal volts of alternating
current pass the body until the convict dies. If ever the convict is still alive, the lever shall be pulled again until he is
pronounced dead.
Lethal injection- developed in 1924 by anesthesiologist in Nevada.
Components of the chemical:
a. Sodium Thiopental- non lethal dose. Sleep inducing barbiturate.
b. Pancuronium Bromide- a drug capable of paralyzing the muscles
c. Potassium Chloride- capable of stopping the heartbeat within seconds. This is commonly used in hear by-pass
operations.
Other Forms of Execution
❖ Stoning
❖ Stoning
❖ Crucifixion
❖ Burning
❖ Feeding to the lions
❖Pillory
❖ Flagellation
❖ Guillotine
❖ Gas chamber

Schools of Thought
1. The Classical School - it maintains the "doctrine of psychological hedonism" or "free will". That the individual
calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations.

2. The Neo-classical School - it maintained that while the classical doctrine is correct in general, it should be modified in
certain details. Children and lunatics cannot calculate the differences of pleasures from pain, they should be free from
punishment.

3. The Positivist/Italian School - the school that denied individual responsibility and reflected non-punitive reactions to
crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon. Criminals are considered as sick
individuals who need to be treated.

PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the society or the
individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should
be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to appease the
offended public or group.
3. Deterrence - punishment gives lesson to the offender by showing to others what would happen to them if they violate
the law. Punishment is imposed to warn potential offenders that they can not afford to do what the offender has done
4. Incapacitation and Protection - the public will be protected if the offender has being held in conditions where he can
not harm others especially the public. Punishment is effected by placing offenders in prison so that society will be
ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation - it is the establishment of the usefulness and responsibility of the offender. Society's
interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the
community by requiring him to undergo intensive program of rehabilitation in prison.

THEORIES JUSTIFYING IMPOSITION OF PUNISHMENT .

1. Prevention Theory - the state must punish the criminal to prevent 1 or suppress the danger to the state arising from
the criminal acts of the offender.
2. Self Defense Theory – the state has the right to punish the criminal as a measure of self-defense so as to protect
society from the threat and wrong inflicted by the criminal.
3. Reformation Theory - the object of punishment is to correct and reform the offenders.
4. Exemplary Theory - the criminal is punished is to serve as an example to deter others from committing crimes
5. Justice Theory - the crime must be punished by the state as an act of retributive justice a vindication of absolute right
and moral law violated by the criminal.

United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)
-This consists of 122 Rules covering all aspects of prison management and outline the agreed minimum standards for the
treatment of prisoners whether pre-trial or convicted.

-The Rules are based on an obligation to treat all prisoners with respect for their inherent dignity and value as human
beings, and to prohibit torture and other forms of ill-treatment.

Rights of Persons Deprived of Liberty (PDL)

a. right to be treated in a humane manner;
b. right to a fair trial with adequate and free legal assistance;
c. right to be protected from cruel, inhumane, degrading treatment and punishment, including sexual violence and other
forms of torture;
d. right to be kept in official government civilian prisons and to be protected from being imprisoned in unofficial places of
detention or in military custody;
e. right to appear in public before a legally-constituted court within a short time after their arrest;
f. right to fair and humane treatment which enables the maintenance of self respect;
g. right to a prison program which enhances their social and intellectual abilities;
h. right to separate living arrangements in prison in accordance with the categories of gender, age, and reasons for
imprisonment;
i. That prisoners awaiting trial have the right to be held separately from convicted prisoners;
j. That political prisoners have the right to be segregated from other prisoners;
k. right to communicate with their families and to maintain familial relationships;
l. right to free legal assistance

Philippine Correction Administration

The BUREAU OF CORRECTIONS(BUCOR), under the DOJ; which has supervision over the national penitentiary and its
penal farms;
The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which has the exclusive control over all
city, municipal and district Jails nationwide;
The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their respective provincial and sub-
provincial Jails;
and the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes care of, among others, youthful
offenders entered in detention centers for juveniles, aside from these,

❖ The Parole and Probation Administration (PPA) under the Department of Justice (DOJ); and
❖ The Board of Pardons and Parole also under the Department of Justice.

PENALTY and THE MODERN PERIOD OF CORRECTION

PENALTY is defined as the suffering inflicted by the state against an offending member for the transgression of law

Juridical Conditions of Penalty Punishment must be:

1. Productive of suffering - without however affecting the integrity of the human personality.
2. Commensurate with the offense - different crimes must be punished with different penalties (Art. 25, RPC).
3. Personal-the guilty one must be the one to be punished, no proxy.
4. Legal-the consequence must be in accordance with the law.
5. Equal- equal for all persons.
6. Certain - no one must escape its effects.
7. Correctional- changes the attitude of offenders and become law-abiding citizens.

Duration of Penalties
afflictive penalties
-Death Penalty - Capital punishment
-Reclusion Perpetua - life imprisonment, a term of 20 years and 1 day -40 yrs imprisonment
-Reclusion Temporal - 12 yrs and 1 day to 20 years imprisonment
-Prision Mayor - 6 yrs and 1 day to 12 years
correctional penalties
-Prision Correctional - 6 months and 1 day to 6 years
-Arresto Mayor - 1 month and 1 day to 6 months
light penalty
-Arresto Menor - 1 day to 30 days
THE PHILIPPINE PRISON SYSTEM
Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during the Aquino
Administration. It states that the head of the Bureau of Corrections is the Director of Prisons who is appointed by the
President of the Philippines with the confirmation of the Commission of Appointments.

Prison
- A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major/ serious
crimes.
- A building, usually with cells, or other places established for the purpose of taking safe custody or confinement
of criminals.
- A place of confinement for those for those charged with or convicted of offenses against the laws of the land. -
from Graco-Roman word "presidio”. “Pre” means inside. It is synonymous to cave, fence, or
dungeon.

Coverage of the Bureau of Corrections

1. National Bilibid Prisons (Muntinlupa, Rizal)- operates two satellite units:
Camp Sampaguita-houses medium security risk prisoners
Camp Bukang Liwayway-houses minimum risk security prisoners This is where the Bureau of Correction main is
located.
 Land Area: 1,546 hectares Principal Product: Copra, Rice, Coffee, etc.

2. Correctional Institution for Women (Mandaluyong)- the only female institution in the Philippines. Since 1934,
a female Superintendent was assigned to supervise the prison facility.
 Vocational activities: dress making, beauty culture, handicrafts.

3. Sablayan Penal Colony and Farm (Occ. Mindoro)- this penal farm is intended for agro-industrial activities.
 Principal Product: Rice

4. Iwahig Penal Colony and Farm (Palawan)- envisioned as an institution for incorrigible criminals. However, the first
contingent of prisoners to be confined revolted against the authorities. Under the Reorganization Act 1407, the policy
was changed, instead of putting hardened criminals, well behaved and obedient inmates were sent to the colony. Land
 Area: 36,000-41,007 hectares Principal Products: Rice, Corn, Copra

5. Davao Penal Colony and Farm (Central Davao)- this is where the biggest banana and abaca plantations are located. It
is also considered as the highest earner.
 Land Area: 30,000

6. San Ramon Penal Colony and Farm (Zamboanga)-founded by Captain Ramon Blanco, a member of the Spanish royal
army. It was initially intended for the confinement of political prisoners during Spanish era. It was closed during the
Spanish American war and was re opened during the American occupation.
 Land Area: 1,546 hectares Principal Product: Copra, Rice, Coffee

7. Leyte Regional Prison (Abuyog Leyte)-established under Proclamation No. 1101. This penal farm is intended for agro
industrial activities.
 Land Area: 16, 408.5 hectares Principal Product: Rice

WHO IS A PRISONER? - A person committed to jail or prison by a competent authority for any of the following reasons:
 To serve a sentence after conviction
 Awaiting for Trial
 Under Investigation

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under
the jurisdiction of Courts.
2. Sentenced Prisoners - offenders who are committed to the jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping - includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior. Ex. Mentally deranged individuals, insane person.

Classification of Sentenced Prisoners:

1. Insular or National Prisoners
 Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
  Those sentenced to suffer a term of imprisonment cited above but appealed the judgment and unable to file a
bond for their temporary liberty.
2. Provincial Prisoners
 Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3 years or a fine not
more than 1,000 pesos, or both; or
 Those detained therein waiting for preliminary investigation of their cases cognizable by the RTC.

3. City Prisoners
 Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more than 1,000 pesos
or both.
 Those detained therein whose cases are filed with the MTC. - Those detained therein whose cases are cognizable
by the RTC and under Preliminary Investigation

4. Municipal Prisoners
 Those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
 Those detained therein whose trials of their cases are pending with the MTC.

Classification of Prisoners According to Degree of Security

1. Super Maximum Security Prisoners
 A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons who are the
source of constant disturbances even in a maximum security prison.
 They wear orange color of uniform.

2. Maximum Security Prisoners

 It consist of constant troublemakers but not as dangerous as the super maximum-security prisoners. Their
movements are restricted and they are not allowed to work outside.
 They are confined at the Maximum Security Prison (NBP Main Building), they wear orange color of uniform.
 those sentenced to serve sentence 20 years or more, or those whose sentenced are under the review of the
Supreme Court, and offenders who are criminally insane having severe personality or emotional disorders

3. Medium Security Prisoners

 Those who cannot be trusted in open conditions and pose lesser danger than maximum-security prisoners in
case they escape.
 It consists of groups of prisoners who maybe allowed to work outside the fence or walls of the penal institution
under guards or with escorts.
 They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue color of uniforms. Generally,
they are employed as agricultural workers.
 It includes prisoners whose minimum sentence is less than 20 years and life-sentenced prisoners who served at
least 10 years inside a maximum security prison.

4. Minimum Security Prisoners

 A group of prisoners who can be reasonably trusted to serve sentence under "open conditions".
 This group includes prisoners who can be trusted to report to their work assignments without the presence of
guards.
 They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color uniforms.

INMATES SECURITY CLASSIFICATION (BJMP Manual)

a. High Profile Inmate - 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, television personality, etc.

b. High Risk Inmate - highly dangerous, deemed capability of escape, of being rescued. 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.

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, etc..

g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far outside the
mainstream attitudes of the society 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.

Classification of Inmates According to Privilege

 3rd class inmate- committed three or more times as sentenced prisoner.
 2nd class inmate- newly arrived inmate. Inmate demoted from 1st class or promoted from 3rd class.
 1st class inmate- known for character and credit for work while in detention or a person promoted from 2nd
class.
Colonists- one who has passed as the 1st class inmate and had served one year immediately preceding the completion of
the period which is 1/5 GCTA or served 7 years of his life sentence
Privileges of Colonist
❖ Automatic commutation to 30 years of life imprisonment
❖ Deduction 5 days per month Wear civilian clothes
❖ Can live with his family
❖ Subsidy from the government
❖ Use of prison facilities

GCTA (Republic Act 10592)

 1-2 years of good behavior: 20 days/month deduction
 3-5 years of good behavior: 23 days/month deduction
 6-10 years of good behavior: 25 days/month deduction
 11 years and onwards: 30 days/month deduction
 15 days deduction/month: for study and mentoring

Bureau of Jail Management and Penology (BJMP)

The BJMP exercises supervision and control over all cities and municipal jails throughout the country. The
enactment of Republic Act no. 6975 created the BJMP. It operates as a line bureau under the Department of the Interior
and Local Government (DILG).

JAIL - is a place for locking-up of persons who are convicted of minor offenses or felonies who are to serve a short
sentences imposed upon them by a competent court, or for confinement of persons who are awaiting trial or
investigation of their cases.

Organization and Key Positions in the BJMP

Chief, BJMP-The Bureau shall be headed by a chief with the rank of Director,
 and assisted by a Deputy Chief with the Rank of Chief Superintendent. The chief serves a tour of duty that must
not exceed four (4) years, unless extended by the President in times of war and other national emergencies. RA
9263- "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004."
 second officer in command of the BJMP is the Deputy Chief for Administration,
 third officer in command is the Deputy Chief for Operations
 fourth officer in command is The Chief of the Directorial Staff, all of whom carry the rank of Chief
Superintendent.

Regional Offices - headed by a Regional Director for Jail Management and Penology, with the rank of at least Senior
Superintendent.
 assisted by an Assistant Regional Director for Administration,
 Assistant Regional Director for Operations, and
 Regional Chief of Directorial Staff, who are all officers with the rank of at least Superintendent.

Provincial Level - Provincial Jail Administrator. The rank should be at least Jail Superintendent.
District Office- headed by a District warden. The rank should be at least Jail Superintendent.

City Office- city Warden shall head each jail. The rank should be at least Jail Chief Inspector.

Municipal Office-The rank should be at least Jail Inspector.

Appointment of Uniformed Personnel to the BFP and the BJMP

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. Appointed by the respective Regional Director for Fire Protection and
Regional Director for Jail Management and Penology for the regional office uniformed personnel or by the respective
Chief of the Fire Bureau and Chief of the Jail Bureau for the national headquarters office uniformed personnel, and
attested by the Civil Service Commission (CSC);

b)"Fire/Jail Inspector to Fire/Jail Superintendent. Appointed by the respective Chief of the Fire Bureau and Chief of the
Jail Bureau, as recommended by their immediate superiors, and attested by the CSC;

c) Fire/Jail Senior Superintendent. - Appointed by the Secretary of the DILG upon recommendation of the respective
Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of the CSC; and

d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon recommendation of the
Secretary of the DILG, with the proper endorsement by the Chairman of the CSC.

Commissioned Officers
❖Director (2-star general officer)
❖ Chief Superintendent (1-star general officer)
❖ Senior Superintendent (colonel)
❖ Superintendent (lieutenant colonel)
❖ Chief Inspector (major)
❖ Senior Inspector (captain)
❖ Inspector (lieutenant)

Non-Commissioned Officers
❖ Senior Fire Officer 4 / Senior Jail Officer 4 (sergeant)
❖ Senior Fire Officer 3 / Senior Jail Officer 3 (sergeant)
❖ Senior Fire Officer 2 / Senior Jail Officer 2 (sergeant)
❖ Senior Fire Officer 1 / Senior Jail Officer 1 (sergeant)
 Fire Officer 3 / Jail Officer 3 (corporal)
 Fire Officer 2 / Police Officer 2 / Jail Officer 2 (private first class)
 Fire Officer 1 / Police Officer 1 / Jail Officer 1 (private)

Duties and Responsibilities:

A. WARDEN - Direction, Coordination, and Control of the Jail Responsible for the Security, safety, discipline and well
being of inmates
B. ASSISTANT WARDEN - The office of the Assistant Warden undertakes the development of a systematic process of
treatment. Chairman of the Classification Board and Disciplinary Board.

C. ADMINISTRATIVE GROUPS - takes charge of all administrative functions of the jail bureau.
D. SECURITY GROUPS - provides a system of sound custody, security and control of inmates and their movements and
also responsible to enforce prison or jail discipline.
1.Escort Platoon
 Escort Section - to escort inmate upon order of any judicial body; upon summon of a court; or transfer to other
penal institutions.
 Subpoena Section - receives and distribute court summons, notices, subpoenas, etc.
2. Security Platoon - a three (3) working platoon shifts responsible for over all security of the jail compound including
gates, guard posts and towers. They are also responsible for the admitting and releasing unit.

REHABILITATION PURPOSES GROUPS:

This group provides services and assistance to prisoners and their families to enable them to solve their
individual needs and problems arising from the prisoners' confinement.

1. Medical and Health Services Branch- Provides medical and physical examinations of inmates upon confinement,
treatment of sick inmates and conduct medical and physical examinations and provide medicines or recommends for the
hospitalization of seriously ill prisoners or inmates. It also conducts psychiatric and psychological examinations.
2. Work and Education Therapy Services - It take charge of the job and educational programs needed for rehabilitation
of inmates by providing them job incentives so they can earn and provide support for their families while in jail.
3. Socio-Cultural Services - It takes care of the social case work study of the individual prisoners by making interviews,
home visits, referral to community resources, free legal services, and liaison works for the inmates.

4. Chaplaincy Services - It takes charge of the religious and moral upliftment of the inmates through religious services.
This branch caters to all religious sects.

5. Guidance and Counseling Services - Responsible for the individual and group counseling activities to help inmates
solve their individual problems and to help them lead a wholesome and constructive life.

Jail Manning Level

❖ Custodial Ratio: 1 personnel for every 7 inmates
❖ Court Room Ratio: 2 personnel for one inmate
❖ Regular Escort ratio: 1 personnel for every one inmate plus one personnel for high risk inmate

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

This is a special unit of prison (Camp Sampaguita) where new prisoners undergo diagnostic examination, study
and observation for the purpose of determining the programs of treatment and training best suited to their needs and
the institution to which they should be transferred.
It is composed of the following staff members:
❖ The Psychiatrist - responsible in the examination of the prisoner's mental and emotional make-up.
❖The Psychologist - responsible to conduct study on the character and behavior of the prisoners.
❖ The Sociologist - study the social case situation of the individual prisoner.
❖ The Educational Counselor -change inmates' attitude towards education and recommends educational program for
the prisoner.
❖The Vocational Counselor – to test the prisoner's special abilities, interest and skills and recommends for the
vocational course best suited to the prisoner.
❖ The Chaplain - encourage the prisoner to participate in religious activities.
❖ The Medical Officer - conducts physical examination and recommends medical treatment of prisoners.
❖ Custodial - Correctional Officer - recommends the transfer and type of custody of inmates.

THE QUARANTINE CELL OR UNIT

This may be a unit of the prison or a section of the RDC where the prisoner is given thorough physical
examination including blood test, x-rays, vaccinations and immunity. This is for the purpose of insuring that the prisoner
is not suffering from any contagious disease, which might be transferred to the prison population.

BJMP RECEPTION PROCEDURES

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.
1. Commitment Order- a written order of the court, or any agency authorized by law to issue, entrusting an inmate to a
jail for the purpose of safekeeping during the pendency of his/her case.;
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.

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 - 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

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;
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, 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
4. Store all documents in the Inmate's Carpeta

 Carpeta - otherwise known as "inmate record or jacket", contains the personal and criminal records of inmates,
documents related to his/her incarceration such as but not limited to: commitment order, subpoenas, personal
identification, orders from the court, and all other papers necessarily connected with the detention of an inmate.

 Prison Record - refers to the information concerning an inmate's personal circumstances, offense committed,
sentenced imposed, criminal case number in the trial, the place of confinement, the date of expiration of
sentence, and others.

E. Property Custodian - Checks the inmate's belongings for presence of contraband; 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.

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.

ADMISSION PROCEDURES IN PRISON

1 . RECEIVING – the new prisoner is received at the RDC. The new prisoner usually comes from a provincial or city jail
where he was immediately committed upon conviction by the court, and escorted by the escort platoon during his
transfer to the National Prison.
2. CHECKING OF COMMITMENT PAPERS - the receiving officer checks the commitment papers if they are in order. That
is, if they contain the signature of the judge or the signature of the clerk of court, and the seal of the court.
Requirements for Commitment
◆ Commitment Order/Mittimus- It is an order signed by the judge bearing its seal and signature, directing a jail officer or
a prison authority to receive the offender for custody or service of sentence imposed therein.
◆ Medical Certificate
◆ Complaint/Information
◆ Police Booking Sheet
3. IDENTIFICATION - the prisoner's identity is established through the picture and fingerprint appearing in the
commitment order. This is to insure that the person being committed is the same as the person being named in the
commitment order.
4. SEARCHING - this step involves the frisking of the prisoner and searching his personal things. Weapons and other
items classified as contraband are confiscated and deposited to the property custodian. This is also referred to as a
shakedown. Other properties are deposited with the trust fund officer under recording and receipts.

Contraband - any article, item or things prohibited by law and or forbidden by jail or prison rules.

5. BRIEFING AND ORIENTATION – the prisoner will be brief and oriented on the rules and regulations of the prison
before he will be assigned to the RDC or the quarantine unit.

Courts And Other Entities Authorize To Commit A Person To Jail Or Prison

❖Supreme court
❖Court of Appeals
❖ Sandiganbayan
❖ RTC
❖ MTC
❖ MCTC
❖ Congress
❖All other administrative bodies authorized by law to arrest or commit a person to jail or prison
CLASSIFICATION - refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.
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

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.
 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.

AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES

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.

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,

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

MINOR OFFENSES
a. Selling or bartering;
b. Rendering personal service to fellow inmate(s)
c. Untidy or dirty personal appearance;
d. Littering or failing to maintain cleanliness;
e. Making frivolous or groundless complaints;
f. Taking the cudgels for or reporting complaints on behalf of other inmates;
g. Reporting late for inmate formation and inmate headcount without justifiable reasons; and
h. Willful waste of food.

LESS GRAVE OFFENSES

a. Failure to report for work detail without sufficient justification;
b. Failure to render assistance to an injured personnel or inmate;
c. Failure to assist in putting out fires inside the jail;
d. Behaving improperly or acting boisterously during group functions;
e. Swearing, cursing or using profane or defamatory language;
f. Malingering or pretending to be sick to skip work assignment;
g. Spreading rumors or malicious intrigues;
h. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel;
i. Forcing fellow inmates to render personal service;
j. Exchanging uniforms or wearing clothes;
k. Loitering or being in an unauthorized place;
L. Using the telephone without authority from the desk officer/warden
M. Writing, defacing, or drawing on walls, floors or any furniture;
n. Withholding information, which may be inimical or prejudicial to the jail administration;
o. Possession of lewd or pornographic literature and/or photographs;
p. Absence from cell, brigade, place of work during headcount; and
q. Failure to turn over any implement/article/s issued after work detail

GRAVE OFFENSES
a. Making untruthful statements in any official communication;
b. concealing keys or locks of places in the jail;
c. Giving gifts, selling, or bartering items with jail personnel;
d. Keeping in his/her possession money, jewelry, and other contraband;
e. Tattooing;
f. Forcibly taking or extorting money from fellow inmates and visitors;
g. Punishing or inflicting injury or any harm upon himself/herself or other inmates;
h. Receiving, keeping, taking or drinking liquor and prohibited drugs;
i. Making, improvising or keeping any kind of deadly weapon;
j. Concealing or withholding information on plans of attempted escapes;
k. Unruly conduct and flagrant disregard for discipline;
l. Escaping, attempting or planning to escape
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance;
o. Indecent, immoral or lascivious acts by himself/herself;
p. Willful disobedience to a lawful order issued by any BJMP personnel;
q. Assaulting any BJMP personnel;
r. Damaging any government property or equipment;
s. Participating in kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal
procedures as a mock court by the inmates in a jail/prison;
t. Affiliating with any gang or faction whose main purpose is to foment regionalism or to segregate;
u. Failing to inform the authorities concerned when afflicted with any communicable disease;
v. Engaging in gambling or any game of chance;
w. Committing any act which violates any law or ordinance; and
x. Committing any act prejudicial to good order and discipline

PROCEDURES IN THE HEARING OF DISCIPLINARY CASES

a. The aggrieved inmate or any person (visitor, inmate or personnel) reports the violation to the Desk Officer;
b. The desk officer shall immediately submit a written report to the warden and the latter shall direct the Investigation
Unit to conduct an investigation within twenty-four (24) hours upon receipt of the directive. The Investigation Unit shall
submit to the Warden their report together with their recommendations;
c. The warden shall evaluate the report and if he/she believes that there is no sufficient evidence to support the alleged
violation, he/she shall dismiss the case. If he/she believes that sufficient evidence exists, he/she shall decide the case and
impose the necessary penalty in case of minor violations. If the offense is less grave or grave, he/she shall endorse it to
the disciplinary board for hearing
d. The inmate shall be confronted of the reported violation and asked how he/she pleads to the charge.
e. If the inmate denies the charge, a summary hearing shall be held giving the opportunity for both parties
f. After the hearing, the board shall decide with the merits of the case as bases;
g. Whether the inmate is found guilty or not, he/she should be advised to obey the rules and regulations strictly; and
h. Decisions of the Board are subject to review and approval by the warden whose decision should be final and
executory.

SALIENT CUSTODY, SECURITY AND CONTROL

1. surprise searches on inmates and inspection at least once a week to detect and flush out contraband
2. Conduct regular count of inmates at least five to six (5-6) times within a 24-hour period
3. Never allow jail personnel to open inmates quarters alone. At least one (1) other jail officer should be present and
guarding the gate;

SALIENT CUSTODY, SECURITY AND CONTROL

Movement/Transfer of Inmates - Inmates should be taken out of jail only upon written order of the Court.
 Viewing the remains of a deceased relative should be within the second degree of consanguinity or affinity
  shall be required to submit a written request to the warden at least three (3) days before the date of viewing
 upon receipt of court order, the warden shall order the Jail intelligence unit to conduct reconnaissance
operation in the area where the remains of the deceased still lie in state,
 In case of Muslim inmates, it shall be ascertained whether the date indicated in the Court Order for the inmate
or inmates to view the remains their deceased relative/s within twenty-four (24) hours from the time of the
death of his or her/their relatives. This is view of Muslim customs and traditions, providing among others burying
the dead within twenty-four (24) hours after death.

The warden shall timely oppose of the following cases:

a. The deceased relative is lying-in-state in a place beyond thirty kilometer radius from the jail or, in any case, where the
inmate cannot return to said place during daylight hours;
b. The inmate has a record of escape or attempted escape;
c. The inmate has two (2) or more pending criminal cases or is a material witness in a pending criminal case
d. The inmate is classified as high risk, high profile, high value or violent extremist offender;
e. The inmate cannot be assured of his safety and security, or his escape is highly possible; and
f. There is an intelligence report that the inmate will escape or will be rescued.

If approved, the inmate shall not be allowed to stay more than three (3) hours in the place where the remains of the
deceased relative lie in state. Further, in no case shall the inmate be allowed to join the funeral cortege

Transfer of Inmates
1. Transfer of Inmates to Another Prison an inmate may be transferred by the Director upon the recommendation of the
Superintendent concerned to another prison facility to bring said inmates closer to his family or as part of his
rehabilitation program.
2. Transfer of Insane Inmates - who has been confirmed to be mentally abnormal or insane may be transferred to a
mental hospital with the approval of the Director.
3. Transfer of inmate to a stockade of the Arm Forces of the Philippines (AFP) provided that the inmate is certified as
minimum security risk and does not belong to life term or sentenced to death, with previous escape record, recidivist,
female inmate, more than 50 yrs old, permanent resident of a place within radius of 100 kilometers from the AFP with
pending case or a witness in any pending criminal case.
4. Transfer of inmate not eligible to be a colonist to a prison and penal farm upon the recommendation of the
classification board, the director may transfer to a prison and penal farm an inmate who is physically fit and such
assignment is therapeutically indicated.
5. Transfer to inmates to a Provincial Jail and Vice Versa - the president may direct, as the occasion may require the
transfer of inmates from national prison to a provincial jail, or vice versa.
6. Mental and physical examination of inmate.

SALIENT RULES TO BE FOLLOWED WHEN TRANSPORTING INMATES

 Inmates shall be notified of a trip only prior to the departure and shall notbe allowed to make any phone call
 Long distance transport of one (1) or more inmates shall be escorted by a minimum of three (3) escort personnel
and a back-up vehicle, if available
 Escort personnel shall be the first ones to disembark from the vehicle and shall position in a safe distance to
ensure clear vision of disembarking inmates. However, when boarding the vehicle, it should be the inmate who
shall first board the vehicle
 In case of an accident while en route, escort personnel shall secure and observe the inmates inside the vehicle,
let them stay inside the vehicle as much as possible.
 The driver shall not leave the vehicle while in court or other authorized destination and be watchful of any
suspicious individual;
 To avoid unnecessary stops while in transit, inmates should have relieved themselves from personal necessity
 While in court premises, firearms shall be unloaded. However, when escorting the inmate to and from the
vehicle, the same shall be properly loaded with ammunitions
 In case of involvement in a road accident and no traffic authority is present or cannot arrive in a shortest
possible times, the position of the vehicles and the damage incurred including skid mark, if any, shall be
immediately photographed or sketched and before leaving, provide the driver of the other party a contact
number of the jail. Once the inmate was returned to the jail, immediately coordinate with the traffic authorities
having jurisdiction in the place of incident

EMERGENCY PLANS/CONTINGENCY PLANS

Emergency plans for both natural and man-made calamities and other forms of jail disturbances shall be
formulated to suit the physical structure and other factors peculiar to every jail.
THE TREATMNENT PROGRAMS
A. The Institutionalized Treatment Programs
 1. Prison Education - the cornerstone of rehabilitation. It is the process or result of formal training in school
or classrooms intended to shape the mind and attitude of prisoners towards good living upon their
release.
2. Work Programs – these are programs conducive to change behavior in morale by training prisoners for a
useful occupation. It is purposely to eliminate idleness on the part of prisoners, which may contribute to
"Prison stupor", and it affects the incidence of Prison riot.
3. Religious Services in Prison - The purpose of this program is to change the attitudes of inmates by
inculcating religious values or belief.
4. Recreational Programs - The only program that is conducted during free time schedule.
5. Medical and Health Services - Medical and health services includes: Mental and physical examination -
Diagnosis and treatment Immunization - Sanitary - inspections Participation in training
6. Counseling and Casework

MODES AND GUIDELINES FOR RELEASE

The following modes and guidelines shall be observed when inmates are to be released from detention:
1. An inmate may be released through:
a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty

Who may Authorize Release

❖ Supreme Court in cases of acquittal or grant of bail
❖ President of the Philippines in cases of executive clemencies or amnesty
❖ BPP in parole cases
❖Director upon expiration of sentence

PROCEDURE ON RELEASING
The procedures shall be observed when inmates are to be released from detention.
1. Desk Officer Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for verification
of the authenticity of said order.
2. Paralegal Officer Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate's release.
b. Checks inmate records to ensure that the data in the release order coincide with the data in the inmate's carpeta
(spelling of name, offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other pending case/s
d. Routes the release paper to different signatories.
4. Property Custodian
a. Checks on the receipt of property and returns to the inmate his/her deposited items.
b. Makes sure that returned items of the inmate are duly received and properly recorded.
5. Desk Officer Records the release of inmate and the condition of the inmate upon his/her release.
6. Jail Warden Reports to concerned agencies/persons the release of inmate for aftercare program. Upon release of the
inmate, the warden shall notify the following agencies/persons:
 Barangay Captain - mandatory
 Priest or religious minister - mandatory
 Family - if release is not witnessed by any member of immediate family
 Court in case of convicted inmate

Crimes Involving Convicts/Prisoners

1. Delay in the Delivery of Detained Persons to the Proper Judicial Authorities (Article 125, RPC)
- A felony committed by a public officer or employee who shall detain any person for some legal ground and shall
fail to deliver such persons to the proper judicial authorities within the period of:
a. 12 hours for crimes or offenses punishable by light penalties
b. 18 hours for crimes or offenses punishable by correctional penalties
c. 36 hours for crimes or offenses punishable by afflictive or capital penalties

2. Delaying Release - This is committed by a public officer or employee who delays the performance of any judicial or
executive order for the release of a prisoner or unduly delays the services of the notice of such order to said prisoner.
3. Delivery of Prisoners from Jail (Art. 156, RPC) - The offender is a private individual. He removes a person confined in
jail or a penal institution or helps in the escape of such persons. The means employed are violence, intimidation, bribery
or any other means.

4. Conniving with or consenting to evasion. - Any public officer who shall consent to the escape of a prisoner in his
custody or charge.

5. Evasion through negligence. - If the evasion of the prisoner shall have taken place through the negligence of the
officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto
mayor in its maximum period to prision correctional in its minimum period and temporary special disqualification.

6. Escape of prisoner under the custody of a person not a public officer. - Any private person to whom the conveyance
or custody of a prisoner or person under arrest shall have been confided, who shall commit any of the offenses
mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public
office

7. Evasion of Service under Art 157, RPC- Offender is prisoner serving sentence involving deprivation of liberty by reason
of final judgment, He evades the service of his sentence during the term of his imprisonment.

8. Evasion of Service of Sentence on the Occasion of Disorders due to Conflagrations, Elements: Earthquakes, or Other
Calamities
a) Offender is a prisoner serving sentence and is confined in a penal institution,
b) He evades his sentence by leaving the institution.
c) He escapes on the occasion of a disorder due to conflagration, earthquakes, explosion, or similar catastrophe or
mutiny in which he has not participated, and
d) He fails to give himself up to the authorities within 48 hours after passing away of the calamity

9. Maltreatment of Prisoner (Art. 235, RPC)

Elements:
1. Offender is a public officer or employee
2. He overdoes himself in the correction or handling of such prisoner by imposition of punishment not authorized by
regulations or by inflicting such punishment in a cruel and humiliating manner