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13 views29 pages

Cor Ad Review

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rommelramos154
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© © All Rights Reserved
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CORRECTION ADMINISTRATION

INSTITUTIONAL CORRECTIONS
● Mamertine Prison - early Roman place of
Notable Personalities: confinement which is built under the main sewer of
Rome in 64 B.C.
● Last warden of Alcatraz Prison - Olin Guy
Blackwell ● Bridewell (1557) - most popular workhouse in
London which was built for the employment and
● Director of the English Prison who opened the housing of English prisoners, used for locking up
Borstal institution for young offenders. - Sir Evelyn vagrants, beggars, prostitutes and other misfits.
Ruggles Brise
● Walnut Street Jail - originally constructed as a
● Introduced the Irish system that was modifies detention jail in Philadelphia. It was converted into a
from the Macanochie’s mark system - Walter state prison and became the first American
Crofton Penitentiary.

● Sheriff of Bedsfordshire in 1773 who devoted his ● Hospicio de San Michelle - first home for
life and fortune to prison reform - John Howard delinquent boys ever established. Built by Pope
Clement XI in Rome for housing incorrigible youths
● Superintendent of the penal colony at Norfolk under 20 years of age.
Island in Australia (1840) who introduced the Mark
System. (Alexander Macanochie). ● Devils Island - French penal colony from
1852-1859 where prisoner where exiled.
● 1st person to be convicted using electric chair in
Auburn Prison - William Francis Kemmler 13th Century – Securing Sanctuary - In the 13th
century, a criminal could avoid punishment by
Historical Perspective on the Development of claiming refuge in a church for a period of 40 days.
Correction
16th Century – Transportation of criminals in
1. Babylonian and Sumerian Codes England was authorized. At the end of this century,
Russia and other European Countries followed this
● Code of King Hammurabi (Hammurabic Code) – system. This practice was abandoned in 1835.
Babylon, credited as the oldest code prescribing
savage punishment. But in fact, Sumerian codes Two Rival Prison Systems
were nearly 100 years older.
● Auburn Prison System – “Congregate System”
2. Roman and Greek Codes The prisoners are confined in their own cells during
the night and congregate work in shops during the
● Justinian Code – 6th century AD, Emperor day. Complete silence was enforced.
Justinian of Rome wrote his code of law. The
Twelve Tables 451-450 BC – represented the ● Pennsylvania Prison System – “Solitary System.”
earliest codification of Roman law incorporated into Prisoners are confined in single cells day and night
the Justinian code. where they lived, slept, ate and receive religious
instructions. Complete silence was also required.
3. Greek Code of Draco - a harsh code that Prisoners are required to read the bible.
provides the same punishment for both citizens and
the slaves as it incorporates primitive concepts. Early Concept of Punishment

4. The Burgundian Code (500 AD) - specified ● Retribution – personal vengeance


punishment according to the social class of
offenders. ● Expiation – “atonement” group vengeance

Early Prisons ● Deterrence – serve as warning to future violator


● Incapacitation – by putting the offender in prison, Organization and Key Functions of the BJMP
society is protected from his further depredation.
● Headed by a Chief who shall be assisted by 2
● Reformation – change of behavior for helping deputy chiefs, 1 for Administration and 1 for
them to reintegrate back in the community. Operations.

Juridical Condition of Penalty ● In no case shall any officer who has retired or is
retirable within 6 months from his/her compulsory
● Penalty – suffering inflicted by the state for the retirement age be appointed as the Chief of the Jail
violation of law. Bureau, as the case may be, provided, further, that
the Chief of the Jail Bureau shall serve a tour of
● Personal – the guilty one must be the one to duty not to exceed 4 years
punish
● In times of war or other national emergency
● Legal – the consequence must be in accordance declared by Congress, the President may extend
with the law and it is the result of judgment such tour of duty.

● Commensurate – different crimes must be Appointment of Uniformed Personnel to the


punished with different penalties BJMP

● Equal – equal to all person ● JOI – SJO4 – Appointed by the Regional Director

● Certain – no one must escape its effect ● Jail Inspector – Jail Superintendent. – Appointed
by the respective Chief of the Jail Bureau.
● Correctional – rehabilitate or reforms the attitude
of another ● Jail Senior Superintendent – Appointed by the
Secretary of the DILG.
BJMP
● Jail Chief Superintendent – Jail Director -
● Created on January 2, 1991 pursuant to Republic Appointed by the President.
Act 6975, replacing its forerunner, the Jail
Management and Penology Service of the defunct ● Lateral Entry of Officer into BJMP – shall
Philippine Constabulary/Integrated National Police. commence the rank of jail inspector
The BJMP exercises administrative and operational
jurisdiction over all district, city and municipal jails. It ● Doctor of Medicine, members of the Philippine
is a line bureau of the DILG. Bar and chaplains shall be appointed to the rank of
jail senior inspector in their particular technical
● Powers - The BJMP exercises supervision and service. Graduate of the Philippine National Police
control over all district, city and municipal jails. Academy (PNPA) shall be automatically appointed
(Note: Charles Mondejar, 1st BJMP Chief) to the initial rank of jail inspector.

BJMP’s Core Values Commitment and Classification of Prisoners


and Detainee
1. Commitment - strong sense of dedication to the
ideals of the organization and to the public that it The following (courts and entities) are
serves authorized to commit a person to jail:

2. Respect for Human Rights - to promote and ● Supreme Court, Court of Appeals,
protect the rights of our fellow human beings Sandiganbayan, Regional Trial Court,
Metropolitan/Municipal Trial Court Municipal Circuit
3. Efficiency/Competence - mastery of important Trial Court, Congress of the Philippines
skills for delivery of quality service
● All other administrative bodies or persons
4. Cooperation - willingness to share efforts in authorized by law to arrest and commit a person to
implementing plans and achieving goals jail.

5. Teamwork - the combined effective action of all Categories of Inmates -The two (2) general
personnel. categories of inmates are:
a. Prisoner - inmate who is convicted by final ● Medium Risk Inmates - those who represent a
judgment; moderate risk to the public and staff.

b. Detainee - inmate who is undergoing ● Minimum Risk Inmates - inmates who have lesser
investigation/trial or awaiting final judgment. tendencies to commit offenses and generally pose
the least risk to public safety.
Classification of Prisoners - The four (4) main
classes of prisoners are: Reception Procedures

● Insular – above3 years A. Gater - He or she checks the credentials of the


person bringing the inmate/the committing officer to
● Provincial – 6 months 1 day to 3 years determine his/her identity and authority.

● City Prisoner – 1 day to 3 years B. Records Unit- This unit examines the
completeness and authenticity of the requirements
● Municipal Prisoner – 1 day to 6 months for Commitment (Commitment Order, Booking
Sheet, Arrest Report and Information) before it
Classification of Detainees refers the inmate for physical examination by the
Health Unit.
● Undergoing investigation;
C. Health Unit - Checks the authenticity of the
● Awaiting or undergoing trial; entries in the medical certificate; conducts thorough
physical examination of the inmate to determine his
● Awaiting final judgment. or her true physical condition; and asks searching
questions to determine injury/injuries found to have
BJMP Inmates Security Classification been sustained by the inmate after the conduct of
medical examination or those injuries not diagnosed
● High Profile Inmate - those who require increased prior to commitment in jail.
security based on intense media coverage or public
concern as a result of their offense. D. Records Unit -Receives the inmate and the
documents from the committing officer and
● High Risk Inmate - considered highly dangerous conducts the following:
and who require a greater degree of security,
control and supervision. 1. Start the booking procedures

● High Value Target (HVT) - a target, either a ● Accomplish the jail booking sheet
resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in ● Strip-search the inmate to check for any birth
danger of capture or death. marks, tattoos, etc

● Security Threat Group - any formal or informal ● Encode the inmate's information to the NIMS
ongoing inmates’ group, gang, organization or
association consisting of three or more members ● Fingerprint and photograph the inmate with mug
falling into one of the following basic categories. shot background

● Subversive Group – group of persons that adopt ● List the names of the visitors authorized by the
or advocates subversive principles or policies inmate.
tending to overthrow or undermine an established
government. 2. Apprise the inmate in a dialect that he/she
understands of the provisions of Art 29 of the RPC
● Terrorist Group - a group of persons that commits which was further amended by R.A. 10592
any of the following acts considered as terrorism.
3. Facilitate the signing of the Detainee’s
● Violent Extremist Offender (VEO) - a person Manifestation if he/she agrees to abide by the same
whose political or religious ideologies are disciplinary rules imposed upon convicted inmates.
considered far outside the mainstream attitudes of Otherwise, the warden issues a certification under
the society. oath manifesting that the inmate was apprised of
the provision of Art 29 of the RPC as amended and Authorized Disciplinary Actions/Measures for
refused to abide by the same. Inmates - The Board is authorized to impose any of
the following disciplinary Actions/Measures:
4. Store all documents in the Inmate’s Carpeta
1. For Detainees:
E. Property Custodian - Checks the inmate’s
belongings for presence of contraband. Discovery ● Admonition or verbal reprimand;
of any contraband shall be treated in accordance
with existing policies. ● Restitution or reparation;

F. Desk Officer - books the newly committed inmate ● Temporary or permanent cancellation of all or
in the jail blotter; assigns the inmate to a reception some recreational privileges;
area, if any, where he/she shall be scheduled for
orientation on jail rules and regulation, and shall ● Reduction of visiting time;
undergo risk assessment and classification,
evaluation and conduct of further medical ● Close confinement in a cell for a period not
evaluation/screening by the Medical Officer. exceeding 7 days in any calendar month, provided
that this disciplinary action shall be imposed only in
G. Assistant Warden or Officer of the Day - Orients the case of an incorrigible inmate, and when other
the newly committed inmates on jail rules and disciplinary measures had been proven ineffective;
regulations using the Inmate’s Orientation Sheet. and

H. Jail Warden - Coordinates with concerned ● Transfer to another BJMP jail in the area, in
agencies regarding the case of inmate for speedy coordination with the Court.
disposition and to furnish them with copies of the
available needed documents. 2. For Prisoners:

Classification Board ● Admonition or verbal reprimand;

Classification - refers to assigning or to grouping ● Restitution or reparation;


of inmates according to their respective penalty,
gender, age, nationality, health, criminal records, ● Additional job functions/community service within
etc. the jail premises;

Duties and Functions of the Classification ● Temporary or permanent cancellation of some or


Board - The Classification Board is tasked to all recreational privileges;
conduct background investigation of inmates to
determine the cell assignment, the appropriate ● Reduction of visiting time;
rehabilitative program, the type of supervision and
degree of custody and restrictions applicable to the ● Close confinement in a cell for a period not
inmate/s. (Chairperson – Assistant Warden) exceeding 7 days in any calendar month, provided
that this disciplinary action shall be imposed only in
Disciplinary Board the case of an incorrigible inmate, and when other
disciplinary measures had been proven ineffective;
Disciplinary Board - disciplinary board shall be
organized and maintained for the purpose of ● Transfer to another BJMP jail in the area in
hearing disciplinary cases involving any inmate who coordination with the Court;
violates jail rules and regulations. (Chairperson –
Assistant Warden) ● Suspension of visiting privileges for a period not
exceeding 1 month, provided that this sanction shall
Board is tasked to investigate the facts of an not apply to the lawyer, physician or religious
alleged misconduct referred to it. It shall hold minister serving the needs of the prisoner.
sessions as often as necessary in a room, which
may be provided for the purpose. All cases referred ● Permanent cancellation of visiting privileges with
to it shall be heard and decided (48) hours from the respect to persons not included in the definition of
date of receipt of the case. 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 9. Forcing fellow inmates to render personal
disciplinary board may recommend to the warden service to him/her and/or to others;
partial or full forfeiture of GCTA to be earned for a
particular month and subsequent months depending 10. Exchanging uniforms or wearing clothes other
upon the gravity of the offense. than those issued to him/her for the purpose of
circumventing jail rules;
Minor Offenses
11. Loitering or being in an unauthorized place;
1. Selling or bartering with fellow inmate(s) those
items not classified as contraband; 12. Using the telephone without authority from the
desk officer/warden;
2. Rendering personal service to fellow inmate(s);
13. Writing, defacing, or drawing on walls, floors or
3. Untidy or dirty personal appearance; any furniture or equipment;

4. Littering or failing to maintain cleanliness and 14. Withholding information, which may be inimical
orderliness in his/her quarters and/or or prejudicial to the jail administration;
surroundings;
15. Possession of lewd or pornographic literature
5. Making frivolous or groundless complaints; and/or photographs;

6. Taking the cudgels for or reporting complaints on 16. Absence from cell, brigade, place of work
behalf of other inmates; during headcount, or at any time without
justifiable reason; and
7. Reporting late for inmate formation and inmate
headcount without justifiable reasons; and 17. Failure to turn over any implement/article/s
issued after work detail.
8. Willful waste of food.
Grave Offenses
Less Grave Offenses
1. Making untruthful statements or lies in any official
1. Failure to report for work detail without sufficient communication, transaction, or investigation;
justification;
2. Keeping or concealing keys or locks of places in
2. Failure to render assistance to an injured the jail which are off-limits to inmates;
personnel or inmate;
3. Giving gifts, selling, or bartering items with jail
3. Failure to assist in putting out fires inside the jail; personnel;

4. Behaving improperly or acting boisterously 4. Keeping in his/her possession money, jewelry,


during religious, social and other group cellular phones or other communication devices and
functions; other items classified as contraband under the
rules;
5. Swearing, cursing or using profane or
defamatory language directed at other 5. Tattooing others or allowing him/her to be
persons; tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing;
6. Malingering or pretending to be sick to skip work
assignment; 6. Forcibly taking or extorting money from fellow
inmates and visitors;
7. Spreading rumors or malicious intrigues to
besmirch the honor of any person, particularly 7. Punishing or inflicting injury or any harm upon
BJMP personnel; himself/herself or other inmates;

8. Failure to stand at attention and give due 8. Receiving, keeping, taking or drinking liquor and
respect when confronted by or reporting to any prohibited drugs;
BJMP personnel;
9. Making, improvising or keeping any kind of to ensure public safety under specific
deadly weapon; circumstances outlined below:

10. Concealing or withholding information on plans Subject to the conditions set forth in the succeeding
of attempted escapes; sections and by virtue of an appropriate court order,
an inmate may be brought out of jail under any of
11. Unruly conduct and flagrant disregard for the following instances:
discipline and instructions;
a.To appear, as witness before any court of justice
12. Escaping, attempting or planning to escape or prosecutor’s office during preliminary
from the institution or from any guard; investigation, arraignment or hearing of a criminal
case;
13. Helping, aiding or abetting others to escape;
b.To appear as witness in any investigation or
14. Fighting, causing any disturbance or formal inquiry being conducted by a government
participating therein and/or agitating to cause such agency;
disturbance or riot;
c.To view the remains of a deceased relative within
15. Indecent, immoral or lascivious acts by the second degree of affinity or consanguinity; and
himself/herself or others and/or allowing
himself/herself to be the subject of such indecent, Inmates who wish to view the remains of a
immoral or lascivious acts; deceased relative within the second degree of
consanguinity or affinity and whose motion for that
16. Willful disobedience to a lawful order issued by purpose was approved by the court as proven by a
any BJMP personnel; valid court order issued to the warden shall be
required to submit a written request to the warden
17. Assaulting any BJMP personnel; at least 3 days before the date of viewing. In case of
Muslim inmates, it shall be ascertained whether the
18. Damaging any government property or date indicated in the Court Order for the inmate or
equipment; inmates to view the remains their deceased
relative/s within 24 hours from the time of the death
19. Participating in kangaroo court, an unauthorized of his or her/their relatives. This is view of Muslim
or irregular court conducted with disregard for or customs and traditions, providing among others
perversion of legal procedures as a mock court by burying the dead within 24 hours after death.
the inmates in a jail/prison;
The warden shall timely oppose the request and
20. Affiliating with any gang or faction whose main timely notify the court of his or her inability to
purpose is to foment regionalism or to segregate comply with the order allowing the inmate to be
themselves from others; escorted out of the jail to view the remains of a
deceased relative in any of the following cases:
21. Failing to inform the authorities concerned when
afflicted with any communicable disease, such as 1. The deceased relative is lying-in-state in a place
tuberculosis, sexually-transmitted diseases, etc.; v. beyond thirty kilometer radius from the jail or, in any
Engaging in gambling or any game of chance; case, where the inmate cannot return to said place
during daylight hours;
22. Committing any act which violates any law or
ordinance, in which case, he/she shall be 2. The inmate has a record of escape or attempted
prosecuted criminally in accordance with law; and escape;

23. Committing any act prejudicial to good order 3. The inmate has two (2) or more pending criminal
and discipline. cases or is a material witness in a pending criminal
case;
(Inmates Count - at least 5-6X daily)
4. The inmate is classified as high risk, high profile,
Movement/Transfer of Inmates - Prisoners or high value or violent extremist offender;
detainees may be moved or transferred safely and
humanely by trained personnel who shall adopt the 5. The inmate cannot be assured of his safety and
necessary level of security, supervision, and control security, or his escape is highly possible; and
6. There is an intelligence report that the inmate will 2.Shall augment the force during court hearings of
escape or will be rescued. high risk/high profile inmates and other similar
tasks.
G. If approved, the inmate shall not be allowed to
stay more than three (3) hours in the place where 3.Escorts high ranking/key officers and other
the remains of the deceased relative lie in state. dignitaries of state.
Further, in no case shall the inmate be allowed to
join the funeral cortege. 4.Performs other task/functions as the Chief,
BJMP/Regional Director may direct.
Use of Restraints
Quick Response Team (QRT)
● In all instances, an inmate being moved shall be
handcuffed. When 2 or more inmates are Duties and Responsibilities
transported, each must be secured to the other. In
no case shall an inmate be handcuffed in any part Acts as first responder to any jail incidents:
of the vehicle during transit to avoid being trapped
in case of an accident. Use additional restraints, or 1.Alarm -gives the alarm through siren, whistle,
limited restraints for special needs, when necessary shouting, etc.
shall be authorized.
2.Contain - isolates/cordons the affected area.
Leave from Jail - Leave from jail shall be
allowed in very meritorious cases, like the 3.Report - provides correct and precise information
following: about the situation.

1. Death or serious illness of spouse, father, mother, 4.Evaluate - evaluates damage to equipment and
brother, sister, or children. facilities; - evaluates personnel/inmates situation.

2. Inmates who are seriously ill or injured may, BUREAU OF CORRECTIONS


under proper escort, be allowed hospitalization
leave or medical attendance. However, such leave ● Old Bilibid Prison (1847) – It was formally opened
shall require prior approval of the Courts having by Royal Decree in 1865 as the main penitentiary
jurisdiction over them; on Manila. This prison became known as “Carcel y
Presidio Correcional” and could accommodate
Provided, however, that in life and death cases 1,127 prisoners.
where immediate medical attention is imperative,
the warden, at his/her own discretion, may allow an ● Carcel – designed to house 600 prisoners who
inmate to be hospitalized or moved out of jail for were segregated according to class, sex and crime
medical treatment; Provided further, that when the
emergency has ceased as certified by the attending ● Presidio – can accommodate 527 prisoners.
physician, the warden shall cause the inmate’s
immediate transfer back to the jail, except when ● San Ramon Prison and Penal Farm (August 21,
there is a court order directing him to continue the 1869) – established (founded by Captain Ramon
inmate’s confinement in a hospital until his/her Blanco of the Spanish Royal Army) in Zamboanga
recovery or upon order of the Court for his/her City to confine Muslim rebels and recalcitrant
immediate return to the jail political prisoners opposed to the Spanish rule. It
was originally set on 1,414-hectare sprawling
Special Tactics and Response (STAR) Team estate. On January 1, 1915, it was placed under the
auspices of the Bureau of Prisons and started
● It is an elite tactical unit trained to perform receiving prisoners from Mindanao.
high-risk operations that falls outside the
operational abilities of the regular BJMP personnel American and Commonwealth Government
and is equipped with specialized skills and
sophisticated firearms and equipment. ● The Bureau of Prisons was created under the
Reorganization Act of 1905 (Act No. 1407 dated
Duties and Responsibilities November 1, 1905) as an agency under the
Department of Commerce and Police.
1.Shall serve as the last resort in addressing crisis
in jail.
● Luhit Penal Settlement (now Iwahig Prison and ● The BUCOR shall be in charge of safekeeping
Penal Farm) (1904) – it was established (founded and instituting reformation programs to national
by Governor Forbes who led the first contingent of inmates sentenced to more than three (3) years.
prisoners) on a vast reservation of 28,072 hectares
to confine incorrigibles with little hope of ● Corrections Technical Officers are personnel
rehabilitation. The area was expanded to 41,007 employed in the implementation of reformation
hectares by virtue of Executive Order No. 67 issued programs and those personnel whose nature of
by Governor Newton Gilbert on October 15, 1912. work requires proximate or direct contact with
Sub-colony of Iwahig: Montible Sub-colony, inmates. Corrections Technical Officers include
Inagawan Sub-colony, Central Sub-colony, Santa priests, evangelists, pastors, teachers, instructors,
lucia Sub-colony (MICS) professors, vocational placement officers, librarians,
guidance counselors, physicians, nurses, medical
● Correctional Institution for Women (November 27, technologists, pharmacists, dentists, therapists,
1929) – it was created under Act No. 3579 to psychologists, psychiatrists, sociologists, social
provide separate facilities for women offenders. workers, engineers, electricians, agriculturists,
(formerly called “Women’s Prison veterinarians, lawyers and similar professional skills
relevant to the implementation of inmate
● Davao Penal Colony (January 21, 1932) – it was reformation programs.
opened under Act No. 3732. Founded by Gen.
Paulino Santos. Mostly devoted to abaca and Organization and Key Positions of the Bureau of
banana plantation. In 1942, it was used as a Correction
concentration camp for American Prisoners of War.
(Subcolony: Kapalong and Panabo) ● BUCOR shall be headed by a Director who shall
be assisted by three (3) Deputy Directors: one (1)
● New Bilibid Prison (1935) – Commonwealth Act for Administration, one (1) for Security and
No. 67 was enacted and appropriated one million Operations and one (1) for Reformation, all of whom
(P1,000,000.00) pesos for the construction of a new shall be appointed by the President upon the
national prison in Muntinlupa, Rizal (Muntinlupa recommendation of the Secretary of the DOJ:
City). On November 15, 1940, all inmates of the Old Provided, That the Director and the Deputy
Bilibid Prison in Manila were transferred to the new Directors of the BUCOR shall serve a tour of duty
site. It has a capacity of 3,000 prisoners and was not to exceed six (6) years from the date of
officially named New Bilibid Prison on January 22, appointment: Provided, further, That in times of war
1941. The prison reservation has an area of 587 or other national emergency declared by Congress,
hectares. the President may extend such tour of duty

Camp Sampaguita – Medium Security Camp which ● The Head of the BUCOR, with the rank of
was used as a military stockade during the martial Undersecretary, shall have the position and title of
law years. Director General of Corrections. The second
officers in command of the BUCOR, with the rank of
Bukang Liwayway – Minimum Security Camp. Assistant Secretary, shall have the position and title
of Deputy Directors of Corrections. The third officer
Note: On June 5, 2014, DOJ Undersecretary in command of the BUCOR, with the rank of Chief
Francisco Baraan III, supervising official on the Superintendent, shall have the position and title of
Bureau of Corrections and the NBP said that the Corrections Chief Superintendent. The fourth officer
National Penitentiary will be moved to Barangay in command of the BUCOR, with the rank of Senior
San Isidro in Laur, Nueva Ecija. Superintendent, shall have the position and title of
Corrections Senior Superintendent. The fifth officer
● Sablayan Prison and Penal Farm (September 27, in command of the BUCOR, with the rank of
1954) – it was established in Occidental Mindoro Superintendent, shall have the position and title of
under Proclamation No. 72. Sub-colony: Central, Corrections Superintendent.
Pasugol, Pusog, Yapang. (CPPY)
● Custodial Personnel-to-Inmate Ratio = 1:7
● Leyte Regional Prison (January 16, 1973) –
established under Proclamation No. 1101. ● Reformation Personnel-to-Inmate Ratio = 1:24.

Mandates of the Bureau of Corrections Appointment of Personnel to the BUCOR


● Corrections Officer I to Corrections Chief c. Interview by a counselor, social worker or other
Superintendent – Appointed by the Director General program staff officers. The interview shall be
of Corrections, and attested by the Civil Service conducted in private.
Commission (CSC).
● After the quarantine period, inmate shall remain in
● Director General of Corrections and Deputy the RDC for 55 days where he shall undergo
Director of Corrections – Appointed by the psychiatric, psychological, sociological, vocational,
President upon the recommendation of the educational and religious and other examinations.
Secretary of the DOJ, with the proper endorsement The result of said examination will be the basis for
by the Chairman of the CSC. the inmates individualized treatment program.
Thereafter, he shall be assigned to a prison facility
● No person shall be designated to the following as may be recommended by the chief of RDC.
key positions of the BuCor unless one has met the
qualifications provided therein: Classification

● Sub-Colony Supervisor – Should have the rank of ● Diagnosis – inmates case history is taken and his
Senior Inspector personality is studied.

● Colony Assistant Superintendent – Should have ● Treatment Planning – formulation of tentative


the rank of Chief Inspector treatment program best suited to the needs of the
person.
● Colony Superintendent – Should have the rank of
Superintendent, ● Execution of treatment program – actual
application of the treatment program
● Regional Superintendent – Should have the rank
of Senior Superintendent ● Re-classification – process of monitoring the
response the response of the prisoner to the
● Provided, further, That in prison and penal farms treatment program and conduct of review to the
with an inmate population of over five thousand previous finding as compared to new information
(5,000), the Regional Superintendent shall have the currently available.
rank and qualification of a Chief Superintendent.
(Prison Superintendent is the Chairman of
Reception and Diagnostic Center Prison Classification Board)

● This is a special unit in prison where a new Classification of Inmate as to Security Risk
prisoner will undergo diagnostic examination, study
and make observation for the purpose of Maximum Security (Tangerine)
determining the programs of treatment and training
best suited to their needs and the institution to ● Those sentence to death
which they should be transferred. (60 days)
Administrative Order no. 8, series of 1953 of the ● Minimum sentence is 20 years imprisonment
Department of Justice
● Remand inmate or detainees whose sentence is
● Quarantine – upon admission in the RDC (now 20 years and above and those whose sentence are
called Directorate for Reception and Diagnostics), under review by the Supreme Court or Court of
inmate shall be place in quarantine unit for 5 days Appeals
during which shall be?
● Those with pending case
a. Given physical examination to determine any
physical illness or handicap or mental ailment and ● Recidivist, habitual delinquents and escapees
to segregate those suspected of having an
infectious or contagious disease. If found sick, the ● Those confined in RDC
inmate shall be immediately confined in the prison
hospital. ● Those under disciplinary punishment or
safekeeping
b. Oriented with prison rules
● Those criminally insane or those with severe
personality or emotional disorder
Medium Security (Blue) Privileges of a Colonist

● Minimum sentence is less than 20 years ● Additional GCTA of 5 days for each calendar
month while he retains said classification aside from
● Remand inmate or detainees whose sentence are the regular GCTA authorized under Art.97 of RPC.
below 20 years imprisonment
● Automatic reduction of the life sentence imposed
● 18 years of age and below, regardless of the case on the colonist to a sentence of 30 years.
and sentence
● Subject to the approval of the Director, to have his
● Have 2 or more escape but have serve 8 years wife and his children or the woman he desires to
since recommitment marry, live with him in the prison and penal farm.

● Those with one record of escape but serve at ● Issuance of reasonable amount of clothing and
least 5 years since recommitment ordinary household supplies from the government

● Those sentence to life imprisonment but serve at ● To wear civilian clothes on such special occasions
least 5 years as maximum security as may be designated by the Superintendent.

Minimum Security (Brown) Note: husband and wife inmate may be allowed to
serve their sentence together if both are classified
● With severe physical handicap as colonist, the grant of colonist status may for
cause, be revoked by the Superintendent with the
● 65 years old and above, without pending case approval of the Director.
and whose conviction are not on appeal
Transfer of Inmate
● Serve at least ½ of minimum sentence or serve
1/3 of maximum sentence excluding GCTA ● An inmate may be transferred by the Director
upon recommendation of the Superintendent
● With only 6 months to serve before expiration of concerned to another facility to bring said inmate
maximum sentence closer to his family or as part of his rehabilitation
program.
Classification of Inmate as to Privilege
● Inmate who has been found to be mentally
● Detainee abnormal or mental hospital with the approval of the
Director.
● Third Class Inmate – previously committed for 3
or more times as a sentence prisoner. Transfer of inmate to a stockade of the Armed
Forces of the Philippines (AFP) - confinement of an
● Second Class Inmate – a newly arrived inmate inmate may be transferred to an AFP stockade
provided the inmate is certified as minimum security
● First Class Inmate – one whose known character risk and does not belong to any of the following
and credit for work while in detention. categories:

● Colonist ● Inmate serving a life term or sentence to death

The Director may, upon recommendation of the ● Inmate with previous record of escape
Classification Board, classify an inmate who has the
following qualifications to be a colonist: ● Inmate serving sentence for crime involving moral
turpitude
a. Be at least first class inmate and have served 1
year immediately preceding the completion of the ● Female inmate
period in the following qualification.
● Inmate previously been transferred to an AFP
b. Has served imprisonment with good conduct for a stockade and was return to prison for cause
period equivalent to 1/5 of the maximum term of his
prison sentence, or seven years in the case of life ● Inmate more than 50 years old or those who can
sentence. no longer perform manual work
● Inmate who is permanent resident of a place ● To received authorized visitor.
within radius of 100 km from the AFP stockade
where he is being transferred Right of Detainee

● Inmate with a pending case or who is a witness in ● A side from the rights and privilege enjoyed by a
any pending criminal case finally convicted inmate, wear civilian clothes and to
grow his hair in his customary style.
● Transfer of inmate to provincial jail and vice versa
– the President may direct, as the occasion require, Prison Labor
the transfer of the inmate from national prison to a
provincial jail or vice versa. The expense of such Prison labor of finally convicted inmate – they
transfer shall be borne by the Bureau except the are required to work at least 8 hours a day, except
cost of escort service which shall be provided by the on Sunday and legal holidays. In the interest of the
PNP. service, however, they may be required to work on
excepted days. Note: Detainee may not be required
Movement of Inmate Outside Confinement to work however he may be able to polish his cell
Facility for sanitary reason.

The Superintendent of prison may authorize an Compensation Credits


inmate to be taken out of prison in the following
instances: Inmate compensation – after 6 months of being
permanently assigned to work in prison, an inmate
● To appear in court or other government agency as may receive compensation credits at rates to be
directed by competent authority prescribed by the Director.

● For medical examination/treatment/hospitalization Compensation earned, how applied – the whole or


in an outside clinic or hospital part of the inmate compensation credit earned by
an inmate may be forfeited and applied to the
● To view the remains of deceased relative payment of supplies and equipment loss or
damaged resulting from the inmate misconduct or
Note: Death convict shall not be allowed to leave negligence. ½ of said earning may be utilized by the
his place of confinement except for the urgent inmate to purchase some of his needs; the
treatment of a life threatening or serous ailment remainder shall be withheld, to be paid to him upon
which cannot be done in the prison hospital. release only. In exceptional cases, the Director or
the Superintendent may authorize the disbursement
Application to view the remains of the deceased of any part of the amount retained
relative – only for minimum and medium security
inmate may upon written application, be allowed by Withdrawal of earnings – inmate may at any time,
the superintendent to view the remains of the withdraw from his compensation in an amount not
relatives. (more or less 3 hours exceeding ½ of his total earnings. However, in case
of urgent needs and at the discretion of the
Distance of travel – within 30 km in radius by road Superintendent, the whole of his earnings may be
from the prison. If more than 30 km, the privilege withdrawn.
may be extended if the inmate can leave and return
to his place of confinement during daylight hours of Allowance for Good Conduct and Loyalty
the same day.
GCTA RPC RA 10592
Rights of Inmate
Granting Authority Prison Director DIR.
● To receive compensation for labor he performs; of BUCOR, Chief BJMP, Warden of Provincial,
District, City and Municipal Jail
● To be credited with time allowance for good
conduct and loyalty; 1 – 2 years 5 days/month 20 days/month

● To send and receive mail matter; 3 – 5 years 8 days/month 23 days/month

● To practice his religion and observe his faith; 6 – 10 years 10 days/month 25 dayS/month
11 years onwards 15 days/month 30 days/month ● 30 days before his scheduled date of release,
inmate shall be put in Separation and Placement
I. Detainee shall only be granted GCTA if he Centre to prepare him for re-entry into free society.
voluntarily offers in writing to perform such labor as
may be assigned to him. In such a case, the credit ● All inmates eligible for release shall undergo a
he may receive shall be deducted from sentence as one day seminar for preparation of his life outside
may be imposed upon him if he is convicted. the prison.

II. An inmate sentence to life imprisonment shall not Riot Disturbance Group in Prison
be granted GCTA while his sentence is on appeal.
● 1st Group – armed with wicker shields, protective
III. GCTA once granted shall not be revoked without headgear, gas masks and night sticks or batons
just cause. when these are available.

IV. GCTA which an inmate is deprived due to his ● 2nd Group – equipped with tear gas guns and gas
misconduct may be restored at the discretion of the grenades.
Director upon recommendation of the
Superintendent. ● 3rd Group – composed of guards who are trained
in handling and use of firearms.
Special Time Allowance for Loyalty – a deduction
of 1/5 shall be granted to an inmate who after Execution of Death Penalty (RA No. 8177)
evading sentence on the occasion of the disorder
resulting from the conflagration, earthquake, Chemical used in lethal injection:
explosion or similar catastrophe, or during a mutiny
in which he has not participated, gives himself up ● Sodium Thiopentotal – induce deep sleep
voluntarily to the authorities within 48 hours
following the issuance of a proclamation ● Pancurium Bromide – poison the blood
announcing the passing away of such calamity.
Note: A deduction of 2/5 shall be granted for the ● Potassium Chloride – induce shock and kill the
prisoner who choose to stay notwithstanding of the person.
calamity. (RA 10592)
Visitation – a death convict shall be allowed to be
Board of Discipline visited by his immediate family and refutable friends
at regular intervals and during designated hours
● The Director shall establish in each prison to hear subject to security procedures. (Death penalty shall
cases involving an inmate who violates prison rules. not be imposed upon a woman within one year of
It shall be presided by over by the Assistant delivery nor upon any person over 70 years of age.
Superintendent In his last case, death penalty shall be commuted to
the penalty of reclusion perpetua)
● The board of Discipline shall hold sessions as
often as necessary. It shall decide cases referred to Important Numbers to Remember
it within 5 working days after the termination of
hearing. ● Inmate over 60 years old may be excused from
mandatory labo
● Confinement in disciplinary cells is from 1 to 2
months depending upon the gravity of the offense ● An inmate shall be advice to claim his mail and if
committed. he fails to claim his letter within 24 hours, it shall be
delivered to him
Release of Inmate
● An infant born while mother is serving sentence
Upon expiration of sentence; by order of the court may be allowed to stay with his mother for period
or competent authority; after being granted parole, not exceeding 1 year of age
pardon or amnesty. Take note the following;
● Mail letter of death convict should be documented
● 60 days before and 30 days after an election no 30 days prior to the execution date
release of inmate except for valid or legal reasons.
● Inmate interview – request shall be filed within 3
days before the propose interview. (Waiver of
Liability shall be execute by the interviewer) ● Exemption of an individual, within certain limits or
Television, radio and other media interview for conditions, from the punishment which the law
death convict is prohibited inflicts for the offense he had committed resulting in
the partial extinction of his criminal liability
● 6 hectares of land are allotted to the (Conditional Pardon).
colonist/prisoner who choose to stay in prison.
● Report submitted by the Probation and Parole
● Guard shall keep a distance of 10 paces from his Officer on violations committed by a
charge. parolee/pardonee of the conditions of his release on
parole or conditional pardon while under
Death Watch – 4 guards shall keep a close watch supervision (Infraction Report).
over a death convict confined in the holding cell.
Said guards shall keep a detailed log book of their ● One who is sentenced to a maximum term of
watch. imprisonment of more than three (3) years or to a
fine of more than five (5) thousand pesos; or
● Telephone calls are allowed for period of not regardless of the length of sentence imposed by the
exceeding 5 minutes every 90 days. Court, to one sentenced for violation of the customs
law or other laws within the jurisdiction of the
● 1/3 of the guards are shall be detailed on Bureau of Customs or enforceable by it, or to one
reserved duty for period of 8 hours prior to visiting sentenced to serve two (2) or more prison
duty sentences in the aggregate exceeding the period of
three (3) years (National Prisoner
● At least 2 guards for every inmate during escort
duties ● Conditional release of an offender from a penal or
correctional institution after he has served the
minimum period of his prison sentence under the
NON-INSTITUTIONAL continued custody of the State and under conditions
that permit his re-incarceration if he violates a
CORRECTIONS condition for his release (Parole)

Definition of Terms ● Refers to the supervision/surveillance by a


Probation and Parole Officer of a parolee/pardonee
● Person whose application has given due course (Parole Supervision)
by the court but fails to report to the probation
officer of his location cannot be located ● Convicted defendant who files a formal
(Absconding Petitioner) application for probation (Petitioner)

● Person who probation is granted but failed to ● Disposition under which a defendant after
report for supervision within the period order by the conviction and sentence, is release subject to
court of his location is unknown (Absconding condition imposed by the court and to the
Probationer) supervision of a probation officer (Probation)

● Total extinction of the criminal liability of the ● Report submitted by the Probation and Parole
individual to whom it is granted without any Officer on the conduct of the parolee/pardonee
condition. It restores to the individual his civil and while under supervision (Progress Report)
political rights and remits the penalty imposed for
the particular offense of which he was convicted ● This is the vehicle used to find out the petitioner’s
(Absolute Pardon) legal qualifications and his suitability for probation. It
is also used in establishing the diagnosis for his
● Church people are exempted from governmental favorable response to the community-based and
punishment but are prosecuted in accordance with individualized correction program (Post-Sentence
the laws of the church (Benefit of the Clergy) Investigation)

● Refers to a parolee/pardonee who is placed under ● It “is a mode of securing the release of any
supervision of a Probation and Parole Officer person in custody or detention for the commission
(Client) of an offense who is unable to post bail due to
abject poverty. (Recognizance)
● Refers to the Conditional Pardon/Absolute Pardon ● On July 24, 1976, P.D. 968, “Adult Probation Law
issued by the President of the Philippines to a of 1976”, was signed into Law by the President of
prisoner or to the “Discharge on Parole” issued by the Philippines.
the Board (Release Document)
● The probation system started to operate on Jan.
● The President may prevent the collection of fines 3, 1978.
or confiscation of property (Remission).
Parole and Probation Administration
● Refers to the final report submitted by the
Probation and Parole Officer on his supervision of a ● The Probation Administration was created by
parolee/pardonee as basis for the latter’s final virtue of Presidential Decree No. 968, “The
release and discharge (Summary Report). Probation Law of 1976”, to administer the probation
system. Under Executive Order No. 292, “The
● The continuing relationship between the Administrative Code of 1987”, which was
probationer and the probation officer (Supervision). promulgated on November 23, 1989, the Probation
Administration was renamed “Parole and Probation
● Probation and parole were defined as privileges Administration” and given the added function of
(Grace theory ) supervising prisoners who, after serving part of their
sentence in jails are released on parole or are
● Probation and parole were viewed as terms in a granted pardon with parole conditions.
contract, which the prisoner was theoretically free to
accept or reject (Contract theory) ● Mandate: The Parole and Probation
Administration is mandated to conserve and/or
● Probationer and parolee were constantly under redeem convicted offenders and prisoners who are
the custody of the parole board or court, even while under the probation or parole system.
at liberty in the community (Custody theory).
● Vision: A model component of the Philippine
History of Probation Correctional System that shall enhance the quality
of life of its clients through multi-disciplinary
● Originated in England (Recognizance, Judicial programs and resources, an efficient organization,
Reprieve, Transportation, Benefit of the Clergy and a highly professional and committed workforce
in order to promote social justice and development.
● Edward N. Savage – First Probation Officer in the
world. (USA) ● Mission: To rehabilitate probationers, parolees
and pardonees, and promote their development as
● Massachusetts – 1st probation law was enacted integral persons by utilizing innovative interventions
(USA) and techniques which respect the dignity of man
and recognize his divine destiny.
● Mathew Davenport Hill – Father of Probation in
England ● Goals: The Administration’s program sets to
achieve the following goals: (a) promote the
Philippine Probation System reformation of criminal offenders and reduce the
incidence of recidivism; and (b) provide a cheaper
● Probation was first introduced in the Philippines alternative to the institutional confinement of
during the American colonial period (Act No. 4221 first-time offenders who are likely to respond to
individualized, community-based treatment
● This law created a Probation Office under the programs.
DOJ
Functions: The Agency, through its network of
● On Nov.16, 1937, after two years of existence, the 15 regional and 204 field parole and probation
SC of the Philippines declared the Probation Law offices performs the following functions:
unconstitutional because of some defects in the
law's procedural framework. a. to administer the parole and probation system;

● P.P. vs. Vera – First probation law of 1935 b. to exercise supervision over parolees, pardonees
become unconstitutional after 2 years. and probationers; and
c. to promote the correction and rehabilitation of his sentence but within fifteen (15) days from the
criminal offenders. promulgation or notice of the judgment of
conviction. However, under Section 42 of RA No.
FAQS ON PROBATION 9344, the Juvenile Justice and Welfare Act of 2006,
the court may, after it shall have sentenced a Child
Who cannot be granted probation? (PD No. 968, as in Conflict with the Law and upon application at
amended, and further amended by RA No. 10707) anytime placed the child on probation in lieu of
service of his sentence.
I. Those sentence to serve a maximum term of
imprisonment of more than 6 years. What will happen if the application for probation is
denied? A: offender will be sent by the sentencing
II. Those convicted of any crime against the national court to prison to serve his sentence.
security
● May an offender be released from confinement
III. Those who have been previously convicted by while his application for probation is pending? A:
final judgment of an offense punished by Yes, the applicant may be released under the bail
imprisonment of more than 6 months and 1 day he filed in the criminal case, or under recognizance.
and/or a fine of more than 1 day and/or a fine of
more than one thousand pesos How long is the period of probation? A: Not more
than 2 years if the sentence of the offender is 1 year
IV. Those who have once on probation or less; and not more than 6 years if the sentence is
more than 1 year.
V. Those who already serving sentence at the time
the substantive provisions of this Decree became What conditions are imposed by the court on an
applicable pursuant to Section 33 of hereof. offender who is released on probation?

Legally disqualified under special penal laws: a. To report to the probation officer within 72 hours
after he receives the order of the court granting
1. Offenders found guilty of any election offense probation;
(Omnibus Election Code);
b. To report to his probation officer at least once a
2. Offenders found guilty of violating RA No. 6727 month; and
(Wage Rationalization Act, as amended);
c. Not to commit any other offense while on
3. Offenders found guilty of violating RA No. 9165, probation.
The Comprehensive Dangerous Drugs Act of 2002,
except Section 12, 14, 17, and 70. What will happen if a probationer violates the
conditions of probation?
Will probation be automatically granted to one
whose sentence is six (6) years or less? ● The court may modify the conditions of probation
or revoke the same. If the violation is serious, the
No, the applicant may be denied by the court if: court may order the probationer to serve his prison
sentence. The probationer may also be arrested
● The offender would be better rehabilitated if and criminally prosecuted if the violation is a
he/she is sent to prison to serve his/her sentence criminal offense.

● There is undue risk that the offender will likely Purpose of Probation
commit another crime
a. Promote the correction and rehabilitation of an
● Probation will depreciate the seriousness of the offender by providing him with individualized
offense committed treatment;

Where shall an application for probation be filed? A: b. Provide an opportunity for the reformation of a
filed with the court that tried and sentenced the penitent offender which might be less probable if he
offender. were to serve a prison sentence; and

● When should an application for probation be c. Prevent the commission of offenses (Section 2,
filed? A: Anytime before the offender starts serving Presidential Decree No. 968).
Probation Investigation Procedures not be standardized but fitted as far as possible to
the individual, with due regard to the imperative
● The PSI gathers information on the petitioner’s necessity of protecting the social order (People v.
personality, character, antecedents, environment Ducosin, 59 Phil 109). Under Section 5 of said Act,
and other relevant information, including community it is the duty of the Board of Pardons and Parole to
resources which shall be utilized in the rehabilitation look into the physical, mental and moral record of
of the client. The basic tools used in PSI are prisoners who are eligible for parole and to
interviews, records check, psychological evaluation determine the proper time of release of such
and drug tests. All information gathered is written in prisoners on parole.
the PPA Form 3 or Post-Sentence Investigation
Report (PSIR) submitted to the court for disposition. Appointing Authority

General Inter-Office Referral ● Probation Administrator Appointed by the


President
Courtesy Investigation – not permanent in
nature ● Assistant Probation Administrator Appointed by
President
Full Blown Courtesy Investigation (FBCI)
● Regional Probation Officer Appointed by
1.Is a transient offender in a place of commission of President
the crime and/or a permanent resident of another
place ● Provincial/City Probation Officer Appointed by
Sec. of Justice
2.Has spent pre-adolescent and/or adolescent life in
the province or city of origin Procedure in the Grant of Parole

3.Has attended and/or finished education therein 1. Dir. or Warden concerned shall send Prisoner’s
record & Carpeta to the BPP at least 1 month prior
4.Have immediate family members and to the date when his case shall be eligible for
acquaintances who are residents of the place of review.
origin
2. BPP shall cause the publication in the newspaper
•Partial Courtesy Investigation (PCI) – It shall be of general circulation the names of prisoners maybe
used for petitioners who do not fall within the considered for release on parole
purview of the FBCI and is conducted by another
PPO. 3. Offended party/ immediate relatives shall be
notified personally or by registered mail and given
Volunteer Probation Aide under Republic Act 30 days from notice within which to communicate
10707 their comment to the Board regarding to the
contemplated grant of parole to the prisoner.
•They shall hold office for a two (2)-year term which
may be renewed or recalled anytime for a just 4. If based on pre parole investigation, there is
cause. convincing evidence that his release on parole will
endanger his own life, those his relatives, his
•10 probationer on minimum case witness and the community, the release of prisoner
shall be deferred until the danger ceases.
•3 probationer on maximum case
Factors to be Considered in Review on Parole
Indeterminate Sentence Law Cases

Act No. 4103 as amended by Act No. 4225 and ● Degree of prisoner’s rehabilitation and his
Republic Act No. 4203 institutional behavior

Purpose ● Previous criminal record, if any and the risk to


other person
● To uplift and redeem valuable human material,
and prevent unnecessary and excessive deprivation ● Gravity of the offense, manner of committing it,
of liberty and economic usefulness. Penalties shall degree of remorse
● Evidence of prisoner will be legitimately employed Effect of Recommitment – serve the remaining
upon release portion of the maximum sentence

● Age of prisoner and availability of after care Executive Clemency

Parole Supervision Executive Clemency shall refer to Absolute Pardon,


Conditional Pardon with or without parole
● Prisoner shall be released upon grant of parole as conditions, and Commutation of Sentence as may
evidence by released document be granted by the President of the Philippines upon
the recommendation of the Board of Pardons and
● BPP shall send copy of release document to the Parole. In accordance with Section 19, Article VII of
Dir. of BUCOR or Warden of Jail the 1987 Philippine Constitution, the President has
the plenary power to grant executive clemency,
● After release, parolee shall be placed under except on the following three (3) constitutional
supervision Parole and Probation Officer limitations to wit:

● Period of supervision shall extent up to the 1. In cases of impeachment


expiration of maximum sentence which should in
the released document 2. In cases involving of election laws, rules and
regulations as provide in Section 5, Paragraph C,
● If the parolee fails to report within 15 days from Article IX of the 1987 Philippine Constitution without
date of his release, the PPO shall inform the Board favorable recommendation of the Commission on
Elections; and
● It shall be mandatory for a parolee to comply with
the terms and conditions appearing in the release 3. In cases where the conviction is on appeal or has
document. BPP may, motu propio or upon not become final and executory.
recommendation of PPO, revise, modify the terms
and conditions appearing in release document What are those “extraordinary circumstances” that
may be present for the Board to recommend to the
Transfer of Residence President the grant of executive clemency?

● Parolee may not transfer residence without the 1. The trial court or appellate court in its decision
prior written approval of either RD or the recommended the grant of executive clemency for
Administrator, subject to the confirmation of the the inmate;
board.
2. Under the peculiar circumstances of the case, the
● CPPO may authorized outside travel for a period penalty imposed is too harsh compared to the crime
of not more than 30 days, if more than 30 days, committed;
approval of RD is required.
3. Evidence which the court failed to consider,
● They may apply overseas work/travel abroad as before conviction which would have justified an
long as they don’t have pending case. acquittal of the accused;

Termination of Parole Supervision 4. Inmates who were over fifteen (15) years but
under eighteen (18) years of age at the time of the
● After expiration of maximum sentence of parolee, commission of the offense;
the PPO shall submit to the BPP through the Chief
Probation and Parole Officer, a summary report on 5. Inmates who are seventy (70) years old and
his supervision above whose continued imprisonment is inimical to
their health as recommended by a physician of the
● Upon receipt of the BPP, he shall issue Bureau of Corrections Hospital and certified under
“Certificate of Final Release and Discharge” oath by a physician designated by the Department
of Health;
Arrest of Parolee – upon receipt of an infraction
report, the Board may order the arrest or 6. Inmates who suffer from serious, contagious or
recommitment of parole life-threatening illness disease, or with severe
physical disability such as those who are totally
blind, paralyzed, bedridden, etc., as recommended
by a physician of the Bureau of Corrections Hospital The Board may consider the case of a prisoner for
and certified under oath by a physician designated executive clemency or parole only after his case
by the Department of Health; has become final and executory. It will not take
action on the petition of a prisoner who has a
7. Alien inmates where diplomatic considerations pending criminal case in court or when his case is
and amity among nations necessitate review; and on appeal.

8. Such other similar or analogous circumstances Amnesty


whenever the interest of justice will be served
thereby." A special form of pardon exercised by the President
of the Republic is amnesty. Amnesty is a general
What is the ultimate objective of granting pardon extended to a certain class of people who
executive clemencies? are usually political offenders. In amnesty, the
concurrence of Congress is needed and the courts
● Prevent miscarriage of justice also take judicial notice of the act by the President.
It can be granted before or after conviction by the
● Grant mercy to those who are deserving of it. courts.

Pardon The Philippines had issued two amnesty


proclamations in the past. The first one was issued
Two (2) Kinds of Pardon in the Philippines under Presidential Proclamation No. 51 by then
President Manual Roxas amnestying those who
Absolute Pardon – refers to the total extinction of collaborated with the Japanese during World War II.
the criminal liability of the individual to whom it is The second was Proclamation No. 76 issued by
granted without any condition whatsoever and then President Elpidio Quirino extending amnesty to
restores to the individual his civil rights and remits leaders and members of the Hukbo ng Bayan
the penalty imposed for the particular offense of Laban sa Hapon (HUKBALAHAP) or Huk and
which he was convicted. The purposes of absolute Pambansang Kaisahan ng mga Mambubukid (PKM)
pardon are: which is an organization of peasants fighting for
agrarian reform and is part of the communist
a. To right a wrong; and underground movement.

b. To normalize a tumultuous political situation. What is the nature of amnesty?

Conditional Pardon – refers to the exemption of an ● Amnesty looks backward, and abolishes and puts
individual, within certain limits or conditions, from into oblivion, the offense itself; it so overlooks and
the punishment that the law inflicts for the offense obliterates the offense with which he is charged,
he has committed resulting in the partial extinction that the person released by amnesty stands
of his criminal liability. It is also granted by the before the law as though had had committed no
President of the Philippines to release an inmate offense.
who has been reformed but is not eligible to be
released on parole. Distinguish Amnesty from Pardon

● In what instance may the board not consider the What is the procedure in the grant of amnesty?
release on parole or pardon of a national prisoner?
● Presidential proclamation of amnesty;
● The Board may not consider the release on
pardon/parole of a national prisoner who is serving ● Applicant of amnesty must admit his guilt;
sentence in a municipal, city, district or provincial jail
unless the confinement in said jail is in good faith or ● Ad Hoc committee reviews the application;
due to circumstances beyond the prisoner’s control.
● Application is referred to Secretary of National
What is the relevance of the “final and executory” Defense or COMELEC as the case may be for
nature of the criminal case judgment of the comment;
convicted person, insofar as application for
Executive Clemency is concerned? ● Ad Hoc Committee recommends to the President;
and
● Congress must concur with the proclamation. Parole

Reprieve The release of prisoners before the expiration of his


maximum sentence is what is called Parole. The
● Reprieve is the temporary stay of the execution of 1957 National Conference on Parole has defined it
a sentence. Like pardon, the President can only as “a method of selectively releasing an offender
exercise reprieve when the sentence has become from an institution prior to completion of his
final. Generally, reprieve is extended to death maximum sentence, subject to conditions specified
penalty prisoners. The date of execution of by the paroling authority, a method whereby society
sentence is temporarily postponed indefinitely to can be protected and the offender can be provided
enable the Chief Executive to thoroughly study the with a continuing treatment and supervision in the
petition of the condemned man for commutation of community.”
sentence or pardon.
Board of Pardons and Parole
Commutation of Sentence
Board of Pardons and Parole is the administrative
Commutation of sentence shall refer to the arm of the President of the Philippines in the
reduction of the duration of a prison sentence. exercise of his constitutional power to grant, except
in cases of impeachment, reprieves, commutations
Requirements before commutation are granted: and pardons, after conviction by final judgment
(Section 19, Article VII of the 1987 Philippine
1. Prisoners must have served at least 1/3 of the Constitution).
definite or aggregate prison terms;
● Act 4103 – created the Board of Indeterminate
2. Prisoner must serve at least ½ of the minimum of Sentence
the indeterminate prison term or aggregate
minimum of the indeterminate prison terms; ● Executive Order No. 83 – in 1937 changed the
name of Board of Indeterminate Sentence to Board
3. At least 13 years for inmates whose of Pardons
indeterminate were adjusted to a prison term of 40
years under Article 70, RPC; ● Executive Order No. 94 – in 1947 renamed it to
Board of Pardons and Parole
4. At least 15 years for inmates convicted of
heinous crimes under RA 7659 or other special Petitions for Parole should be addressed to the
laws, committed on or before January 1, 1994 and Chairman or to the Executive Director of the Board.
sentenced to one reclusion perpetua or one life However, the Board may, motu proprio, consider
imprisonment; cases for parole, commutation of sentence or
conditional pardon of deserving prisoners whenever
5. At least 18 years for inmates convicted of the interest of justice will be served thereby.
reclusion perpetua or life under RA 6425 and RA
9165; Responsibilities of Board of Pardons and Parole

6. At least 18 years for those convicted of a. Look into the physical, mental and moral records
kidnapping for ransom, terrorism, plunder and of prisoners who are eligible for parole or any form
transnational crimes; of executive clemency and determines the proper
time of release of such prisoners on parole;
7. 20 years for inmates sentenced to two or more
reclusion perpetua or life imprisonment; b. Assists in the full rehabilitation of individuals on
parole or those under conditional pardon with parole
8. 25 years for death convicts but whose sentence conditions, by way of parole supervision; and
were commuted to reclusion perpetua/life
imprisonment; c. Recommends to the President of the Philippines
the grant of any form of executive clemency to
9. At least ten (10) years for inmates sentenced to prisoners other than those entitled to parole.
one (1) reclusion perpetua or one (1) life
imprisonment for crimes/offenses not punished Eligibility for Review of a Parole Case
under RA No. 7659 and other special laws
(Resolution No. 24-4-10, BPP).
An inmate’s case may be eligible for review by the 7. Those who having been granted Conditional
board provided: Pardon by the President shall have violated any of
the terms thereof;
1. Inmate is serving an indeterminate sentence the
maximum period of which exceeds one (1) year; 8. Those whose maximum term of imprisonment
does not exceed one (1) year or those with definite
2. Inmate has served the minimum period of the sentence;
indeterminate sentence;
9. Those convicted of offenses punished with
3. Inmate’s conviction is final and executory; reclusion perpetua, or whose sentences were
reduced to reclusion perpetua by reason of
In case the inmate has one or more co-accused Republic Act No. 9346 enacted on June 24, 2006,
who had been convicted, the director/warden amending RA No. 7569 dated January 1, 2004; and
concerned shall forward their prison records and
carpetas/jackets at the same time 10. Those convicted for violation of the laws on
terrorism, plunder and transnational crimes.
4. Inmate has no pending criminal case; an
Parole and Indeterminate Sentence Law
5. Inmate is serving sentence in the national
penitentiary, unless the confinement of said inmate Indeterminate sentence is closely connected with
in a municipal, city, district or provincial jail is parole. An indeterminate sentence is one with
justified. minimum and maximum periods of imprisonment.
The prisoner is not eligible for parole consideration
Parole will be granted whenever the Board of until he has served his minimum sentence. Ideally,
Pardons and Parole finds that there is a reasonable the gap between the minimum and maximum
probability that if release, the prisoner will be sentence should be wide in order that the process
law-abiding and that his release will not be of rehabilitation in prison may be continued long
incompatible with the interest and welfare of society. enough to make certain its effects.

Disqualification for Parole Until when is the period of parole supervision?

Pursuant to Section 2 of Act No. 4103, as amended, ● The period of parole supervision shall extend up
otherwise known as the “Indeterminate Sentence to the expiration of the maximum sentence which
Law”, parole shall not be granted to the following should appear in the Release Document, subject to
inmates: the provisions of Section 6 of Act No. 4103 with
respect to the early grant of Final Release and
1. Those convicted of an offense punished with Discharge.
Death penalty or Life imprisonment;
What are the contents of the Release
2. Those convicted of treason, conspiracy or Documents of a parolee?
proposal to commit treason or espionage;
The form of the Release Document shall be
3. Those convicted of misprision of treason, prescribed by the Board and shall contain:
rebellion, sedition or coup d’état;
1. the latest 1”x1” photograph, and
4. Those convicted of piracy or mutiny on the high
seas or Philippine waters; 2. right thumbprint of the prisoner

5. Those who are habitual delinquents, i.e. those What is the rule on transmittal of Release
who, within a period of ten (10) years from the date Document?
of release from prison or last conviction of the
crimes of serious or less serious physical injuries, ● The Board shall send a copy of the Release
robbery, theft, estafa and falsification, are found Document to the prisoner named therein through
guilty of any said crimes a third time or oftener; the Director of Corrections or Warden of the Jail
where he is confined who shall send a certification
6. Those who escaped from confinement or evaded of the actual date of release of prisoner to the
sentence; Probation and Parole Officer.
What is the rule on initial report? ● If a client dies during supervision, the Probation
and Parole Officer shall immediately transmit a
● Within the period prescribed in his Release certified true copy of the client’s death certificate to
Document, the prisoner shall present himself to the the Board recommending the closing of the case.
Probation and Parole Officer specified in the However, in the absence of a death certificate, an
Release Document for supervision. The Probation affidavit narrating the circumstances of the fact of
and Parole Officer concerned shall inform the Board death of the barangay chairman or any authorized
thru the Technical Service, Parole and Probation officer or any immediate relative where the client
Administration the date the client reported for resided, shall suffice.
supervision not later than fifteen (15) working days
there from. Restorative Justice Models that can be applied
in PPA
What is the rule when the parolee fails to report
to the probation and parole officer as ● Peacemaking Encounter – is a community-based
mandated? gathering that brings the victim, the victimized
community, and the offender together.
● If within forty five (45) days from the date of
release from prison or jail, the parolee/pardonee ● Victim/Offender Mediation –provides an interested
concerned still fails to report, the Probation and victim an opportunity to meet face-to-face his/her
Parole Officer shall inform the Board of such failure, offender in a secured and structured setting or
for appropriate action. atmosphere, with the help of a trained mediator.

What is the rule on modifications/revisions of ● Conferencing – a process which involves


the terms and conditions of parole? community of people most affected by the crime

● The Board may, upon recommendation of the ● Circle of Support – a community directed process
Probation and Parole Officer, revise or modify the organized by the field office and participated in by
terms and conditions appearing in the Release the clients, the Volunteer Probation Aides (VPAs)
Document. and selected members of the community in the
discussion of the offense and its impact.
What is the rule on transfer of residence of the
client? R.A. No. 10389

● A client may not transfer from the place of RECOGNIZANCE AS A MODE OF GRANTING
residence designated in his Release Document THE RELEASE OF AN INDIGENT PERSON IN
without the prior written approval of the Regional CUSTODY AS AN ACCUSED IN A CRIMINAL
Director subject to the confirmation by the Board. CASE

What is the rule on outside travel of a client? Recognizance - mode of securing the release of
any person in custody or detention for the
● A Chief Probation and Parole Officer may commission of an offense who is unable to post bail
authorize a client to travel outside his area of due to abject poverty.
operational jurisdiction for a period of not more than
thirty (30) days. A travel of more than 30 days shall Release on Recognizance as a Matter of Right
be approved by the Regional Director.
Guaranteed by the Constitution. – any person in
What is the rule on travel or work abroad by the custody or detention for the commission of an
client? offense is a matter of right when the offense is not
punishable by death, reclusion perpetua, or life
● Any parolee or pardonee under active imprisonment
supervision/surveillance who has no pending
criminal case in any court may apply for overseas Provided, That the accused or any person on behalf
work or travel abroad. However, such application for of the accused files the application for such:
travel abroad shall be approved by the
Administrator and confirmed by the Board. a. Before or after conviction by the Metropolitan
Trial Court, Municipal Trial Court, Municipal Trial
What is the rule on death of a client? Court in Cities and Municipal Circuit Trial Court;
b. Before conviction by the Regional Trial Court: who failed to deliver or produce the accused before
Provided, further, That a person in custody for a the court, upon due notice, without justifiable
period equal to or more than the minimum of the reason.
principal penalty prescribed for the offense charged,
without application of the Indeterminate Sentence Role of the Probation Officer court shall issue an
Law, or any modifying circumstance. order directing the Probation Office concerned to
monitor and evaluate the activities of such person.
Disqualifications for Release on Recognizance
NO RELEASE ON RECOGNIZANCE AFTER
1. The accused bad made untruthful statements in FINAL JUDGMENT OR COMMENCEMENT OF
his/her sworn affidavit SENTENCE; EXCEPTION

2. The accused is a recidivist, quasi-recidivist, ● Not be allowed in favor of an accused after the
habitual delinquent, or has committed a crime judgment has become final
aggravated by the circumstance of reiteration;
● Provided, That this prohibition shall not apply to
3. The accused had been found to have previously an accused who is entitled to the benefits of the
escaped from legal confinement, evaded sentence Probation Law if the application for probation is
or has violated the conditions of bail or release on made before the convict starts serving the sentence
recognizance without valid justification; imposed, in which case, the court shall allow the
release on recognizance of the convict to the
4. The accused had previously committed a crime custody of a qualified member of the barangay, city
while on probation, parole or under conditional or municipality where the accused actually resides.
pardon;

5. Indicate the probability of flight if released on THERAPEUTIC


recognizance;
MODALITIES
6. There is a great risk that the accused may
commit another crime during the pendency of the ● This is a special program that employs a
case; and participative, group based treatment approach to
the personality disorders and complex emotional
7. Accused has a pending criminal case which has and interpersonal problems.
the same or higher penalty to the new crime he/she
is being accused of. ● The program helps the inmates live together as a
community of concerned people with high
Qualifications of the Custodian of the Person expectations and commitment that foster individual
Released on Recognizance change and positive growth.

a. A person of good repute and probity; ● The goal of the program is to help you gain the
ability to return to the mainstream of society and live
b. A resident of the barangay where the applicant a productive life. We wish and expect your
resides; participation in this program.

c. Must not be a relative of the applicant within the The Therapeutic Community Modality Program
fourth degree of consanguinity or affinity; an (TCMP)

d. Must belong to any of the following sectors and ● Is a self-help social learning treatment model
institutions: church, academe, social welfare, health which utilizes the community as the primary
sector, cause-oriented groups, charitable therapeutic vehicle to foster behavioral and
organizations or organizations engaged in the attitudinal change. In this modality, the person
rehabilitation of offenders duly accredited by the learns and practices skills and responsibilities
local social welfare and development officer. through structured activities that they can transfer to
the society upon their release.
Violation
● Each participant is expected to be a contributing
A penalty of six (6) months to two (2) years member of the community and develops the
imprisonment shall be imposed upon the custodian
impetus to change by being a member of the and indirectly affect our welfare. The freedoms of
community. speech, press, association and peaceful assembly
shall at all times be recognized and protected by the
● At present, TCMP is recognized as the backbone State.
program of the BJMP for inmate development and
is being implemented in majority of the jails SOCIAL AND CULTURAL RIGHTS
nationwide.
● We have the right to enjoy the highest standard of
LAWS ON HUMAN RIGHTS health. The State shall ensure that its citizens shall
be adequately nourished and free from hunger. The
● Human rights are the basic rights inherent to all State has the obligation to establish a responsive
human beings from birth until death. These rights social housing program and protect the people from
include the right to life and liberty, personal security, unjust evictions from their homes. Protection and
freedom from torture, freedom from discrimination assistance shall be accorded marginalized families
and freedom from arbitrary arrest, among others. and vulnerable sectors of society.

CIVIL RIGHTS ● We have the right to a free, accessible, relevant,


nationalistic, quality, gender and culturally sensitive
● We have the right to life, liberty, security and education, responsive to our needs, which
property. We have the right to a transparent, advances the culture of human rights
credible, competent and impartial justice system,
free from influence and corruption, where wrongs ● The State must establish a responsive social
are redressed and justice is dispensed fairly, welfare system that contributes to the continuous
speedily and equitably. improvement of its people and their lives. All public
utilities should be accessible and affordable to meet
● We must have equal access to the courts and the peoples’ basic necessities.
adequate legal assistance. We must be treated
equally before the law regardless of our political, ● Children and youth have rights to special care,
social and economic status. 6. We have a right to education, health, and protection against all forms
the security and privacy of our persons and our of abuse, discrimination, exploitation, corruption,
homes. The State shall respect and uphold our right and conditions affecting their moral development.
to the privacy of communication, information, The best interest of the child shall always take
private transactions and affairs. The State shall precedence in State policies and laws.
ensure our freedom of movement and liberty of
abode ● Women are partners of men in nation building.
They have equal rights in civil, political, social, and
POLITICAL RIGHTS cultural aspects of life. The State shall protect and
defend them from discrimination, exploitation,
● We have the right to live in a democracy and are trafficking, assault, battery and other forms of abuse
entitled to enjoy its benefits. The right to meaningful and violence.
representation, participation and decision-making
about individual and community concerns shall be ● Men and women have reproductive rights. The
recognized and maintained. The protection of life, State shall recognize the rights of all couples and
liberty and property, the upliftment of economic individuals to decide freely and responsibly the
conditions and the promotion of the general welfare number, spacing and timing of their children and to
are essential prerequisites of a truly democratic have the information and means to do so, and the
society. right to attain the highest standard of sexual and
reproductive health. The State shall also recognize
● Public office is a public trust. Transparency, 4 | P a g e the rights of couples in making decisions
accountability, integrity and competence are regarding reproduction free of discrimination,
minimum standards of good governance. It is the coercion and violence, as expressed in human
State’s duty to eliminate graft and corruption at all rights documents.
levels of the bureaucracy. Towards this end, our
right to information on matters involving public ECONOMIC RIGHTS
interest shall be safeguarded.
● We have the right to a nationalistic and
● We have the right to determine, participate, independent economic policy protected from foreign
intervene and take action in all matters that directly domination and intrusion. We have the right to a
self-reliant economy based on national TCMP into its Program of Instruction (POI) for
industrialization. We have the right to resist all BJMP personnel undergoing mandatory trainings.
forms of oppressive and unreasonable trade
liberalization, to oppose a subservient debt OBJECTIVES:
management strategy, and to repudiate all foreign
debts that do not benefit the people. The State shall 1. To introduce and institutionalize TCMP as the
develop efficient and effective debt management backbone program of the BJMP for inmate
strategies that will benefit the people and shall give development
preferential treatment to local capital.
2. To provide the jail TCMP implementers with a
● We have the right to equal access to employment manual that will serve as a guide in the proper
opportunities and professional advancement. The implementation of the program
labor force is the lifeblood of the country and all
workers have the right to just compensation, 3. To attain uniformity and standardization in the
dignified and humane working environment, job implementation of TCMP and ensure its fidelity to
security, the right to form and join unions and the core essence of the program
organizations, to bargain collectively, to go on strike
and to actively participate in political life. Therapeutic Community Modality Program and
Discrimination in the work place, sexual the Four Interconnected Development Aspects
harassment, slavery, exploitation, and child labor
shall not be tolerated. Moreover, overseas workers 1. Behavior Management
have the right to enjoy the basic rights accorded to
workers in their respective host countries, 2. Emotional and Psychological
consistent with international labor laws or
standards. 3. Intellectual and Spiritual; and Vocational

●Land, as a limited resource, bears a social 4. Survival Skills.


function. The right to own land should be limited to
Filipinos and shall be guided by the principle of PHASES OF TREATMENT
stewardship and subject to the demands of the
common good. Peasants shall have the right to own ● TCMP in the BJMP set up a unique in the sense
the land they till through a genuine agrarian reform that inmates are in custody while undergoing trial
program including support services. Landowners for their individual cases.
shall also be protected from land grabbers through
effective legal and administrative measures. ● Their length of stay is determined by how fast is
the disposition of their cases. The cases may be
● Fisher folk have the right of access to fishing decided upon after a short period of time or may
grounds, to protection from foreign incursions and last for years.
local largescale/commercial fishing business, to
genuine aquatic reforms and to the preservation Phase I- Entry/Orientation Phase
and protection of communal fishing grounds
Once an inmate is committed to jail, he undergoes a
In the BJMP, Therapeutic Community Modality series of examination to determine his physical,
Program (TCMP) social and psychological status. Upon his
commitment, a resident is placed on orientation at
● Was introduced in 1998 when a group of the Reception and Diagnostic room/ Orientation
personnel underwent a six (6) week live-in trainer’s Room. In here, he is acquainted with the TC
training under the DAYTOP International trainers program:
sponsored by the US State Department. From then
on, a number of BJMP personnel were trained by - The rules and norms of the community
DAYTOP trainers, namely Aloysius Joseph,
Frederick Loke, Jimmy Curtin and Fernando Perfas. - TC concepts, written and unwritten philosophy

● The program was initially implemented in selected - The staff and the members of the community
jails in the National Capital Region (NCR). The
TCMP training was cascaded to a significant - The tools of the house
number of BJMP personnel. The Jail National
Training Institute (JNTI) likewise incorporated the - Job functions and TC hierarchy
He is then assigned a static group and a big brother society. At this phase, the resident is expected to
who will provide him with support and will walk him have proven his ability to take on more
through the orientation phase. At this phase, the responsibility hence needs lesser supervision. He is
resident is handled gently and is expected to considered a role model in the TC community. He
commit mistakes in the process of learning the should focus on the following learning:
program. Sanctions on negative behavior are
usually light with emphasis on teaching. ● Rebuilding of social and family ties

Phase II- Primary Treatment ● Going up the ladder of hierarchy by showing


leadership
- After proper is orientation is conducted on the
different TC concepts and tools, with regards to the ● Realization of his full potential to be a productive
norms and rules of the community and the staff member of society
members, the resident is now ready to undergo the
treatment proper and becomes a part of the ● Mapping out of plans
community starting as a crew member of the
Housekeeping department until he gradually Phase IV- Re-entry
ascends in the hierarchy and must be
knowledgeable on the following: - Based on the ideal setting the resident at this
stage is now ready to be released back to society
● Proper use of the different tools to address as he has demonstrated adequate self-control and
personal issues and concerns and shape behavior discipline. The inmate is now preparing for his life
outside of jail and is focused on making himself a
● Managing own feelings and learning how to productive citizen. He may start planning for job
express self appropriately hunting and rebuilding family ties and relationships.

● Learning how to follow the rules and norms of the - In the jail setting, the residents will stay inside
community the jail until their cases are resolved or they
have been convicted and need to be remanded
● Maximize participation in activities that are to the Bureau of Corrections.
appropriate to the resident’s need for growth
The resident must focus on the following:
● Learning how to trust the environment by
disclosing self to the community and develop insight ● Transition to life outside of jail.
in the process
● Creating a new lifestyle applying the tools and
● Developing positive coping skills to deal with concept of TC.
difficult life situations
● Learning positive coping skills to deal with day to
● Enhancing educational and vocational skills to day situations.
make him productive
● Re-establishing and strengthening family ties and
● Improve social skills and recognize the support group.
importance of other people’s help in shaping
behavior ● Reintegration into the mainstream of society.

Phase III- Pre Re-entry ● Developing realistic and attainable goals in life.

- Under regular circumstances, the resident is Phase IV- Aftercare


expected at this stage to have internalized the TC
values and concept to start life afresh. However, in Aftercare is an outpatient program that requires
the jail setting where entry and release are not clients to report twice a week to an outreach center.
within the jail control, residents may not have They are required to attend group sessions to
reached this phase of treatment before they even ensure their adjustment to life outside jail to reduce
leave the jail facility. recidivism. For clients released from jail, they are
referred to the Parole and Probation Administration
- Regardless of the resident’s length of stay, he is and Local Government Units for follow up and
expected to undergo this phase prior to release into aftercare. The clients are focused on the following:
● Maintaining positive behavior and prevent that all participants are ready with their
recidivism corresponding parts and determine the amount of
time to be allotted for each part.
● Strengthening coping mechanism
MORNING MEETING
● Maintaining relationships and support mechanism
● Duration/ frequency: One hour daily
● Sustaining interest in job or vocation to maintain
livelihood ● Participants: All residents, Counselor

● Integration into society ● A daily ritual that starts the day in a TC facility.

BEHAVIOR MANAGEMENT ● It is attended by the whole community and lasts


for an hour.
- is a component of Therapeutic Community
Modality Program (TCMP) that introduces the ● It commences with the Opening Prayer, Singing of
concept and mechanics of the various shaping tools the Philippine National Anthem and the recitation of
to include Morning Meeting in order to facilitate the the TC Philosophy. It is usually facilitated by any
management of and shape the behavior of the member of the community. It is divided into two (2)
residents parts namely: (1) public announcements and
community concerns and (2) community-spirit
TOOLS building or up rituals.

● Pre Morning Meeting I. The first part of the meeting consists of public
announcements regarding important activities or
● Morning Meeting businesses and other information that the
community needs to know.
● Talk To
● It is a review of how the community performed in
● Pull Up the previous day and check on the behavior of
erring members through the conduct of “pull-ups”. A
● Dealt With pull up is done as an expression of concern over
the lapses of some members and encourage
● Haircut ownership of mistakes on the violators.

● Learning Experience/ Bans ● Rules are set such as: no side talking, no cross
legging, no laughing, hands on the laps and sit
● General Meeting erect.

● Expulsion II. The second part of the meeting consists of


entertaining presentations to lighten up the mood
PRE MORNING MEETING and start the day on a positive note. It somehow
develops some talents and shed off inhibitions of
● Duration/ Frequency: Fifteen minutes daily participants.

● Participants: Senior residents, Counselor HIERARCHY OF BEHAVIOR SHAPING TOOLS

● Done early in the morning prior to the Morning ● Is employed to strengthen the learning process
Meeting. Senior members of the community will and the practice of more adaptive behaviors within
meet for about fifteen (15) minutes to discuss the the social learning environment.
attitude of the house the previous day
The major tools of the BST
● Senior members formulate solutions to the
concerns discussed and to be executed during the ● Talk To
day.
● Pull–up
● The attendees will also discuss the activities to be
engaged in the Morning Meeting and make sure ● Dealt With
● Haircut ● done when negative behaviors or infractions to
the House Rules or Norms in same offense are
● Learning Experience done for the third time or more or for first time grave
offenses
● General Meeting
● It is a carefully planned and structured verbal
● Expulsion reprimand given by a Staff with four other residents
- Senior Resident, Peer, Big Brother, and
It is developed as a means to correct behaviors of Department Head
the residents that violated the TC norms.
● The tone is more serious and can be loud, more
The Hierarchy of Behavior Shaping Tools will serve harsh and exaggerated.
as a guide to determine which of the tools are
appropriate to be used based on the severity of the ● This is done to induce anxiety and eventually
infraction or violations committed by the residents change the person’s behavior.
against the TC Rules
LEARNING EXPERIENCE
TALK TO
● Is an action or activity given to a resident who
● Is an outright correction done by any member of was subjected to Haircut or General Meeting who
the TC community to another member who has did an infraction to correct or modify a behavior.
done a minor infraction but is not aware of it.
● Written task or peer interactions.
● It is a friendly reminder or advice about an
unacceptable behavior and must be done privately. ● Done in a way that would remind the person of
the negative attitude he has done without
PULL-UP compromising his human dignity.

● Is done as a result of lack, missed or lapses in ● The intent of the LE is not to stigmatize the
awareness in a resident person but to motivate him to make restitutions for
the wrong doings he committed and redeem himself
● All the members of the community are in the community.
responsible to pull-up minor infractions done by
peers. BANS

● It encourages honesty, demeanor awareness and ● Are sanctions to members who commit repeatedly
owning up to one’s mistakes. infractions or violation to the Cardinal Rules by
prohibiting, disallowing or limiting an activity or
DEALT WITH affiliation to a group.

● Is done when negative behaviors or infractions to ● It somehow curtails some freedom of movement
the House Rules or Norms are done for the second and association.
time of same offense by a resident.
GENERAL MEETING
● A panel of three (3) composed of a senior
resident, peer and a friend are tasked to deliver a ● A repeated breach to the Cardinal Rules
serious and stern reprimand to the subjected necessitates a General Meeting.
resident.
● Discussed with the community to point out to the
● Does not strictly require the presence of a staff, to violator the negative effect the behavior had on the
attain its purpose, the staff should monitor its community. Such offense includes sexual acting-out
conduct to ensure that the panel assigned to the with a fellow resident, taking drugs and engaging in
task really acted appropriately. physical fight with another resident. Other facilities
include stealing or even smoking as part of the
● It is done privately in a room or an area with no Cardinal Rules.
other else hearing the conversation.

HAIRCUT
● These behaviors pose a threat to the community STATIC GROUPS
because they violate the established order and
safety of the facility. ● Is a permanent group of peers and leaders that
meet regularly while the residents are in treatment.
Procedure in a General Meeting: It is a sort of “home” group who provides support for
one another and to the new members of the
1. Led by a senior member of the staff, usually the community
Director of the facility. Those guilty of the offense
are asked to sit in a prospect chair. This is to arouse PEER CONFRONTATION GROUP
anxiety and dissonance.
● The group participants in Peer Confrontation
2. The Director sets the tone of the meeting and group are selected by the staff and group according
leads the community in an open expression of to peers like adult members will go with the same
opinions and feelings regarding the offense brought date of entry in the facility and same goes with the
out into the community. He holds the community middle and young members.
accountable for the slip of its members as each is
considered his “brother’s keeper” .The Director ● It is done in a more compassionate way where
opens the floor for feedbacks, inviting the each resident try to help one another. Participants
community for self-reflection and accountability. confront each other on what they do for themselves
while in the facility and ask how they are coping
3. As soon as the mood is set and the level of with it.
awareness of the community is raised, the leader
calls for the violators to face the entire community. ENCOUNTER GROUPS
The leader encourages the community to express
their feelings about the offense committed by the ● The Encounter Group serves as a “safety valve”
violators. within the community which is usually high
pressured and structured. It is a forum for members
4. After some members of the community have of the community to verbally express pent-up or
expressed their feelings, it is time for the violators to negative emotions within a structured and safe
account for what they did, share their deepest environment without resorting to violence or
feelings and verbalize what they learned from the aggression and without fear of reprisal.
mistake.
EXTENDED GROUP
5. After the violators made their statements and
offer commitments, the Director will mark the ● The Extended Groups (Probe, Marathon) are
closure of the issue and allow for processing of the usually composed of 5-12 residents and is being
events that transpired and provide appropriate facilitated by 2 highly trained staff members.
emotional support to the violators who have just
been subjected to intense emotional experience. ● It may last for 8-72 hours. The participants must
have at least 4 months in the program and have
EXPULSION shown adequate stability before he can be included
in the activity.
● In extreme cases, when a resident is incorrigible
and becomes a threat to the community (Instigator, VOCATIONAL/SURVIVAL SKILLS
initiator of jail disturbances), the Director with the
recommendation of the Disciplinary Board may ● Starts at the beginning of performance in job
transfer him/her to the nearest jail facility with an functions in the TC Community which has
appropriate Court Order. substantial value to the individual. Its aim is not only
to detain or confine residents but also to challenge
Counseling them to learn vocational skills for their reentry to the
community
● is defined as a professional activity of helping
individuals, groups or communities enhance or
restore their capacity for psychological, emotional
and social functioning and creating an environment
favorable for the attainment of these goals.

GROUP COUNSELING

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