1600 number of correctional institutions in the Phil.
7 insular/national prisons (under Dir of Prisons) 79 provincial jails (under provincial governors) 67 city jails (under city mayors) 1521 municipal jails (under municipal mayors) Correctional sub-systems a. National b. Provincial c. City/municipal d. Administration of political detainees BU-COR administers all nation prisons a. SRPPF San Ramon Prison & Penal Farm (1869) Ramon Blanco intended for political prisoners only (1,524.6 Ha) 1,200 prisoners level of scty: min/ med/max b. IPC Iwahig Penal Colony (Nov 16, 1904) Foreman RJ Fields - biggest & best open institution in the world (36,000 Ha) - 16/4,000 prisoners Madaras - colonies: Sta Lucia; Inagawan; Montible;Central (Nov 1, 1905 BUCOR was created by Reorg. Act of 1407, making tracktable criminals detained at Iwahig c. CIW Correctional Inst for Women (1931) (18 Ha) - Mandaluyong 180 initial number of inmates d. NBP New Bilibid Prison (1941) 552 Ha boys training school; where Filipino guerillas were imprisoned by Japanese & where American prisoners were camped for recuperation. 3,000/5,000+ prisoners satellite units: camp sampaguita (med)/bukang liwayway (min scty level) RDC Reception & Diagnostic Center e. DPC Davao Penal Colony (Jan 21, 1932)- Gen Paulino Santos (18,000 Ha) scty level:med/min colonies:Panabo/Kapalong Tanglaw Settlement: operated by the colony for released prisoners as homesteaders. f. SRPF Sablayan Penal Colony & Farm (1954) Occ Mindoro Candido Bagaoisan 16,408.5 Ha 1,500 prisoners scty level: open or minimum fastest colony of BUCOR g. LEYTEO Leyte Regnl Prison 1973 youngest colony linking regional prisons.
Bucor exercises supervision & control over the 72 provincial jails. Dir of Prisons exercises visitorial rights only because the Provincial Governor is the one who actually yields power. 150+city/municipal jails are operated by local police.
Recommendation integrate jails/prisons under the central correction authority to: 1. Facilitate the pooling of resources of small jails 2. Facilitate easily the transfer of prisons to specified jails 3. Permit variety of staff services. HISTORICAL BACKGROUND 1. Henry II (1166) where penal management originated (England) - Ordered sheriff in each country to have jail. England send offenders to penal colony where they become slaves. Corporal punishment torture, mutilation & death 2. Great Reform Law of 1790 abolished corporal punishment & death penalty, except for first degree murder.
PERSONS RESPONSIBLE FRO INTRODUCING REFORMS 1. MANUEL MONTESIMOS (1835) - reduction of sentence for good behavior; prepared offenders by training them before going to free society. 2. DOMETS (1839 France) agricultural colony for delinquent boys; provides house-father. 3. ALEXANDER MACANOCHIE (1880/Australia) introduced Marked System or parole sys. where prisoners earned number of marks/parole 4. SIR WALTER CROSTON (1854/Ireland) introduced progressive sentence. 5. ZR Brokway (1876/NY, USA) introduced new instl program for boys. Forerunner of modern penology 6. SIR EVELYN RUGGLES BRISE (1897/England) opened the best reformatory institution for young offenders (Borstal Prisons)
SCHOOL OF PENOLOGY 1. CLASSICAL SCHOOL indiv. Calculates pleasures and pains in advance of action & regulates conduct by the result of his calculations. Impositions of punishment would prevent commission of crime. 2. NEO-CLASSICAL agrees with classical with exemption of children & lunatics, who, by their age and condition cannot calculate pleasure and pain. 3. POSITIVE SCHOOL non-punitive action to crime and criminality. Treats crime as a natural phenomenon.
PENAL MANAGEMENT IN THE PHILIPPINES 1. Code of Kalantiaw 1 st known penal code in the PI 2. Penal Institutions established by Spaniards: a. Old Bilibid Prison (1847)/NBP-1941 b. San Ramon Prison 1969
PD No. 28 established Regional Prisons. Formally opened Leyte REgnl Prison under the supervision & admin control of the Dir of Prison (now BUCOR).
Objective of BUCOR: to confine & rehabilitate national prisoners
Functions of BUCOR: 1. Confine persons sentenced or ordered detained by courts in its prisons, penal farms & authorized confinement facilities. 2. Provide prisoners/detainees variety of rehabilitative programs designed to help them change their pattern or criminal behavior. 3. Engage in agro-industrial projects that are profit-oriented. 4. Perform other functions that are directed by the courts and the DOJ.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY A. Art 94, RPC 1. pardon 2. commutation of sentence 3. good conduct time allowance not avail. for detention prisoner, unless requested and approved to work as detention working prisoner B. Meaning of r, c, t, a reward for good conduct, diligence and loyalty which reduces sentence: 1-2 years = 5 days 3-5 years = 8 days (Art 97, RPC not revocable once granted (Art 99, RPC)) 6-10 years = 10 days 11 up yrs = 15 days C. Special time allowance for loyalty Deduction of 1/5 of period of sentence who have evade service of sentence on the occasion of natural calamity but voluntarily surrendered w/in 48 hrs following the issue of proclamation announcing the passing away of such calamity. D. Working Detention prisoner full time service of sentence , as though a fully serving sentence prisoner, except habitual delinquent or recidivist or have failed to surrendered when summon for the reading of sentence.
SEGREGATION OF PRISONERS Sentenced sexual deviates Detention infirmed, aged, invalid Juvenile patients Disciplinary punished insane/ mentally abnormal Habitual delinquent/recidivist capital punishment
ESCORTING OF PRISONERS OUTSIDE PRISON A. Working party of prisoners distance-10 paces B. Guarding on boat most secure place, lying/sitting down C. Court trial handcuff or other restraint a. Suspension of trial return to jail of origin. If not, get commitment order from hearing judge to legalize stay in jail. D. View remains of immediate members of the family EO No. 70 medium & minimum prisoners. 2 nd degree of consanguinity only and w/in 30km radius. If more than that, should return to jail during daylight of same day.
DISCIPLINARY ACTION A. Procedure: like any other formal hearing B. Penalties a. No corporal, degrading, cruel, unusual, inhuman punishment; b. No instrument of restraint except at the advice of physician c. No punishment that will affect the health. d. No punishment that will affect the unborn child. e. First minor offense warning, reprimand, visit,letter deprivation,etc C. DURATION OF PENALTIES a. Capital punishment death penalty b. Perpetual punishment life sentence 30 yrs, maybe pardoned after 30yrs c. Reclusion temporal 12 20 yrs d. Prision mayor and temporal disqualification 6-12 yrs e. Prision correctional suspension and destiero up to 6 yrs f. Arresto mayor 1 month, 1 day 6 months g. Arresto menor 1 30 days h. Bond to keep the peace discretion of the court
MANNER OF RELEASING A. Pre-release prisoner is brought to release qtrs 30 days prior to release (if not under punishment, not scty risk, had returned govt issues) B. Reason for release a. Expiration of sentence b. Parole or pardon c. Amnesty d. Order of the court e. Any other lawful order of competent authority C. Procedure of release a. Clearance b. Identification c. Preparation of release papers D. Privilege of release prisoner provide transpo expenses to his home; gratuity of parole cause of subsistence, suit of clothes E. Delay of release suffering mental derangement, venereal disease/communicable disease F. Precaution on release a. Not by mere order through phone or telegram b. Written release order signed by the judge or clerk of court
Guiding Principles in correction administration 1. Offender must place into circumstances to continually better his condition; 2. Prison discipline must gain the will of the prisoner; 3. Prisoners self respect must be cultivated to the utmost; and 4. Established procedures should be reasonable and not calculated to infringe upon the legal rights of prisoners.
Admission procedures 1. Commitment order valid and legal 2. Search contrabands, money, valuables given to trust fund 3. Written in logbook names, crimes, sentence, committing autho, time of arrival 4. Doctor examination physical condition 5. Send to RDC issue uniform reception and diagnostic center
Reception and diagnostic center (RDC) diagnose and prepare treatment planning of prisoner, also along the line of segregation (sickness, vocation, education, religion, recreation) RDC Staff psychiatrist , psychologist, sociologist, doctor, chaplain, educational officer, vocational counselor, correctional officers Admission classification committee their recommendation become the basis for treatment process. Rehabilitation include mixture of education, vocation, spiritual, counseling approp to offender. Rights and Privileges 1. Rehabilitation education, vocational, spiritual, recreational facilities 2. Healthful surrounding lights, sanitation inspection, prevent congestion 3. Medical care hospitalization/medical treatment, physical exam upon commitment 4. Searches no harassment, property/human rights of inmates, searches on supervision of officials 5. Non- discrimanatory treatment 6. Disciplinary procedures rules of conduct is provided, given opportunity to defend himself 7. Disciplinary punishment a. Female pregnant or nursing a child no punishment b. No corporal, degrading, cruel, unusual, inhuman punishment; c. To undergo medical exam before punishment if it would affect health d. Daily visitation of medical officer e. Instrument of restraint should be applied only if needed.
8. Work requirement a. Female work suitable to age/physical condition b. 60 yrs old excused from hard labor c. Detention only hygienic and sanitary reasons (for police cells) d. Finally convicted phy. fit 8hrs/day except Sundays and holidays. 9. Death/transfer/illness a. Superintendents to inform relatives b. Death of immediate relatives may be allowed visit c. Death of prisoner not claimed burial at NBP or given to institution of learning for scientific research. Claimed expense of family 10. Free expression and associate right to file complaint vs arbitrary detention; send/receive mails; be a member of an assoc., visitation. 11. Access to courts and legal services challenge to legality of conviction; seek remedies of legal problems/disciplinary proceedings (attorney visits, tel commo, access to legal materials, filing of appeal, pleadings; commo to judges, court offls, attys. 12. Access to the public right to commo./correspond, receive packages, books, etc. that can be mailed (cash/valuables to trust fund), visits (Mon-Fri, Sun), rooms, display/sell creative works, VIPS (visitors in prisoners service.