Bureau of Jail Management and Penology

• created by virtue of RA 6975

• section 60 of RA 6975

RA 9263
• Bureau of Fire Protection and BJMP Professionalism Act of 2004
• enacted on March 10, 2004, amending pertinent provisions of RA 6975 regarding
the BJMP

RA 9592
• An act extending for 5 years the reglementary period for complying with the
minimum educational qualification and appropriate eligibility in the BFP and
BJMP

Organization and Key Positions in the BJMP

• the Bureau shall be headed by a Chief with the rank of director, and assisted by
a 2 Deputy Chief with the rank of Chief Superintendent.

COMMAND GROUPS
1st in Command: Chief, BJMP (Director)
2nd in Command: Deputy Chief for Administration (Chief Superintendent)
3rd in Command: Deputy Chief for Operation (Chief Superintendent)
4th in Command: Chief of Directorial Staff (Chief Superintendent)

Jail Director Charles Mondejar

-the first chief of the BJMP way back its establishment

APPOINTMENT OF UNIFORMED PERSONNEL

RANK APPOINTING RECOMMEN- ATTESTATION ENDORSEMENT
AUTHORITY DATION
JO1 to Senior Jail
Officer IV

Jail Inspector to
Jail
Superintendent

Jail Senior
Superintendent

Jail Chief
Superintendent
to Jail Director
DUTIES AND RESPONSIBILITIES (BJMP)

Warden
 Direction, coordination, and control of the jail
 Responsible for the security, safety, discipline and well-being of inmates
 The office of the warden may organize the following units:
1. Intelligence and Investigation Team
2. Jail Inspectorate Section
3. Public Relation Office

Assistant Warden
 The officer of the assistant warden undertakes the development of a systematic
process of treatment
 Chairman of the classification board and classification board

Security Groups
 The security group provides a system of sound custody, security and control of
inmates and their movement and also responsible to enforce prison or jail
discipline.
1. Escort Platoon
• Escort Section- to escort inmate upon order of any judicial body; upon
summon of the court; or transfer to other penal institutions.
• Subpoena- receives and distributes court summons, notices, and
subpoenas, etc.
2. Security Platoon
• A three working platoon shifts responsible for all security of the jail
compound including gate, guard posts and towers. They are also
responsible for the admitting and releasing unit.

RECEPTION PROCEDURES

1. Gater - he/she checks the credentials of the person bringing the inmate/the
committing officer to determine his/her identity and authority

a. Commitment Paper
b. Medical Certificate
c. Complaint/Information
d. Police Booking Sheet
e. Certificate of Detention from PNP and/or NBI

2. Records Unit – the unit examines the completeness and authenticity of the
requirements for Commitment before it refers the inmate for physical examination by the
Health Unit

3. Health Unit – physical examination and checking of the medical certificate.

4. Records Unit – receives the inmate and the documents from the committing officer
and conducts the following:

a. Start the booking procedures:

1. Accomplish the jail booking sheet
2. Strip Search the inmate to check for any birth marks, tattoos etc.
3. Encode the inmate’s information to the NIMS
4. Fingerprint and photography the inmate with mugshot background
5. List the names of the visitors authorized by the inmate

5. Property Custodian

a. Checks the inmate’s belonging for presence of contraband. Discovery of any

shall be treated in accordance with the existing policies.
b. Takes all cash and the personal properties from the inmate, lists them down on
a receipt form with duplicate, duly signed him/her and countersigned by the
inmate.
c. Keeps all cash and other valuables of the inmate in a safety vault. Said cash
and valuables may be turned over to any person authorized by the inmate.

5. Desk Officer – books the newly committed inmate in the jail blotter.

6. Assistant Warden / Officer of the Day – orients the newly committed inmates in jail
rules and regulations using the Inmate’s Orientation Sheet.

7. Jail Warden – Coordinates with concerned agencies regarding the case of inmate
for speedy disposition and to furnish them with copies of the available needed
documents.

CLASSIFICATION BOARD
Chairperson: Assistant Warden
Members: Chief, Custodial/Security Officer
Medical Officer/Public Health Officer
Jail Chaplain
Inmates Welfare and Development Officer

DISCIPLINARY BOARD
Members: Chief, Custodial/Security Officer
Medical Officer/Public Health Officer
Jail Chaplain
Inmates Welfare and Development Officer
Inmate’s Representative
CUSTODY, SECURITY AND CONTROL (BJMP)

1. The BJMP conducts frequent surprise searches of inmates and their quarters to detect
contraband.

2. Inmate’s Subsistence Allowance (ISA) or the budget allocation for the food of
inmates is 70.00 a day per inmate.

RIOT

Level A: Crisis Management Group

Level B: Quick Response Team
Level C: Adjacent QRT
Level D: STAR Team
Level E: Other LEA

QUICK RESPONSE TEAM

 Duties and Responsibilities

1. Alarm
2. Contain
3. Report
4. Evaluate

 Team Composition
1. Team Leader
• a former STAR Team member or have undergone Quick Response Training.
2. Assistant Team Leader
• have undergone Quick Response Training
3. Members
• have undergone Quick Response Training

SPECIAL TACTICS AND RESPONSE (STAR) TEAM

Duties and Responsibilities

1. Shall serve as the last resort in addressing crisis in jail.

2. Shall augment the force during court hearings of high risk/high profile inmates and
other similar tasks.
3. Escorts high ranking/key officers and other dignitaries of state.
4. Performs other tasks/functions as the Chief, BJMP/Regional Director may direct.
SCOPE OF JURISDICTION

1. The BJMP-NHQ STAR Team shall be under the direct command and supervision of the
Director, Directorate for Operations.

2. The BJMP Regional STAR Team shall be under the direct command and supervision of
the Regional Director

3. Upon deployment of the STAR Team, commands/orders shall emanate from the Team
Leader.

MOVEMENT AND TRANSFER OF INMATES

An inmate may be brought out from a jail in any of the following instances:
 To appear as witness/as accused before the any court of justice during the
preliminary investigation, arraignment or hearing of a criminal case.
 To view the remains of a deceased relative within the second degree of
affinity/consanguinity
 To undergo with leave of court for medical examination / treatment in an outside
hospital / clinic.
 For those inmates who wish to view the remains of a deceased relative, leave of
court shall first be obtained. But the inmate must satisfy the following conditions:

• The deceased relative is lying in state in a place not beyond thirty (30)
kilometers radius from the place of confinement of the inmate.
• If beyond 30 km, the inmate must return to prison during the daylight hours
• The inmate has no record of escape
• The inmate is not classified as high risk or high profile and the jail has
adequate resources to ensure his safety and security.

RELEASE OF INMATES

1. An inmate may be release through service of sentence, order of the court, parole,
pardon and amnesty
2. Before an inmate is released, he shall be properly identified to ensure that he is the
same person received and will be released. His fingerprints shall be verified with those
taken when he was received.
3. The release of an inmate shall be affected only upon receipt of the Release Order
served by the court process server.
4. The released inmate shall be issued Certification of Discharge from Jail by the Warden
or his authorized representative.
 CHAPTER 4

Treatment Programs of Convicted Persons Placed under Non-Institutional

Correction Programs/Community Based Program

PROBATION
 A term coined by John Augustus, from the Latin verb "probare"
 It is a procedure under which the court releases a defendant found guilty of a
crime without imprisonment subject to the condition imposed by the court and
subject to the supervision of the probation service. Probation may be granted
either through the withholding of sentence or through imposition of sentence and
stay or suspension of its execution. The former generally considered more
desirable.

Extinction of Criminal Liability

The criminal liability of the person is extinguished into two instances the partial and
total extinction of the criminal liability of the convicted felon.

Total Extinction of Criminal Liability

1. By marriage of the offended woman

2. By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability thereof is extinguished only when the death of the offender occurs
before final judgment.
3. By service of sentence
4. By amnesty, which completely extinguishes the penalty and all its effects:
5. By absolute Pardon

Absolute Pardon - is one, which is given without any condition attached to it. The
purposes of this kind of pardon are:

1. To do away with the miscarriage of justice

2. To keep punishment abreast with the current philosophy, concept or practice of
criminal justice administration
3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period.

Conditional Pardon serves the purpose of releasing, through executive clemency, a

prisoner who is already reformed or rehabilitated but who cannot be paroled because
the parole law does not apply to him. Thus a prisoner serving a determinate sentence or
life imprisonment is excluded from the benefits of the parole law. However, when this
prisoner has already been reformed, he may be released on conditional pardon.

Partial Extinction of Criminal Liability

Criminal liability is extinguished partially:
1. By conditional Pardon
2. A conditional pardon delivered and accepted is considered a contract between
the sovereign power of the executive and the convict that the former will release the
latter upon compliance with the condition.
3. By Commutation of Sentence

Commutation is an act of clemency by which an execute act changes a heavier

sentence to a less serious one or a longer term to a shorter term.

 It is a change of decision of the court, made by the Chief Executive by reducing

the degree of the penalty inflicted upon the convict, or by decreasing the length
of the imprisonment or the amount of the fine.

Instances where commutation is provided by law:

1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for the affirmation of
the death penalty.
3. By Good Conduct Time Allowance (RA 10592)

PAROLE
• Conditional release of an offender from a correctional institution after he has
served the minimum of his prison sentence.
• Derived from the French Expression “Parole d’honnuer” meaning “Formal Promise”
or “A word of honor given or pledged

PAROLE PROBATION
Administrative function exercised by the It is a judicial function exercise by the courts.
executive branch of the government
(executive function)
Granted to a prisoner only after he has Granted to an offender immediately after
serve the minimum of his sentence. conviction.
It is an extension of institutional. It is a It is substitute for imprisonment.
conditional release of a prisoner whereby
he is placed under the supervision of a
Parole Officer after serving his minimum
sentence.
Granted by BPP Granted by the court
Parolee Probationer
Parolee supervised by parole officer Probationer supervise by probation officer
Parole is administered by the Parole Probation is handled by the Probation
Board. Administration
Parole does not restores full civil rights Probation is more beneficent
OTHER FORMS OF EXECUTIVE CLEMENCY

Amnesty is a general pardon extended to groups of persons and is generally exercised

by executive clemency with the concurrence of Congress. Usually, the recipients of
amnesty are political offenders, although there are some exceptions.

Amnesty looks backward and abolishes and puts into oblivion the offense itself. It
so overlooks and obliterates the offense with which he is charged that the person
released by amnesty stands before the law as though he had committed no offense.
Reprieve is a temporary stay of the execution of the sentence. Like pardon, the President
can only exercise reprieve when the sentence has become final. Generally, reprieve is
extended to death penalty prisoners. The date of the execution of sentence is set back
several days to enable the Chief Executive to study the petition of the condemned man
for commutation of sentence or pardon.

Conditional release is the statutory shortening of the maximum sentence the prisoners
serves because of good behavior while in prison. This is called “good conduct-time “and
is given by the law as motivation for good behavior while serving sentence in prison.

DIFFERENCES BETWEEN AMNESTY AND PARDON

PARDON AMNESTY
As to the It includes any crime and is It is a blanket pardon granted to a
number of those exercised individually by the group of prisoners, generally political
who can avail Chief Executive prisoners.
As to the Time to Pardon is exercised when amnesty maybe given before trial or
Avail the person is already investigation is done.
convicted
As to the Pardon is granted by the While amnesty is by proclamation
Consent of Chief Executive and such as with concurrence of congress, and it
Congress private act, which must is a public act, which the court
plead and proved by the should take judicial notice.
person pardoned because
the court takes no choice
thereof
As to the Effect Pardon is an act of amnesty is an act of forgetfulness. i.e.
forgiveness, i.e. it relieves the puts into oblivion the offense of
offender from the which one is charged so that the
consequences of the person as if he had never committed
offense, the offense.
As to the Crime Pardon is granted for amnesty, for crimes against
committed infractions of the peace of sovereignty of the state
the State
GOOD CONDUCT TIME ALLOWANCE
PERIOD OF IMPRISONMENT GCTA/MONTH GCTA/MONTH (OLD)
(RA 10592)
First 2 years 20 days/month 5 days/month
3-5 years 23 8
6-10 years 25 10
11-above years 30 15
At any time during the period of imprisonment, he shall be allowed to another deduction
of 15 days, in addition for each month of study, teaching or mentoring service time
rendered.

SPECIAL TIME ALLOWANCE (RA 10592)

In case of calamities and the inmate escapes but the inmate

1. Returned within 48 hrs. -deduct 1/5 of the max. sentence
2. Stayed inside the jail-deduct 2/5 of the max. sentence
3. Didn’t return-evasion of service of sentence
4. Returned after 48 hrs. -additional 1/5 of the remainder

-Once granted shall not be revoked.

RELATED TOPICS

HUBER LAW
• Allows a prisoner who is sufficiently trusted or can be sufficiently monitored to leave
confinement to continue at their current place of employment, returning to prison
when their shift is complete.

SHOCK PROBATION
• Offenders are incarcerated in a jail/prison for a short period for shock value after
which, they are brought back to the judge for resentencing.

SPLIT SENTENCE
• The judge imposes a combination sentence, wherein a portion of the sentence
includes imprisonment and a portion of which is probation.

INTERMITTENT SENTENCE
• Offender is sentenced to a term requiring partial confinement in jail. As when the
offender must serve weekends in jails.

SHOCK INCARCERATION
• A highly regimented, military-like, short-term correctional programs in which
offenders are provided with strict discipline, physical training, and hard labor
resembling some aspects of military basic training.