CHAPTER I

General Concept of Penology, Corrections and Punishment

PENOLOGY

Penology as a division of criminology is the study of punishment

for crime or of criminal offenders. It also includes the study of control and
prevention of crime through punishment of criminal offenders. It is
derived from the Latin word “POENA” and Greek word “PIONO” which
means pain/suffering or punishment. While logy was from the Latin word
“LOGOS”, meaning science (Sharma, 1998).

Penology Also known as, Penal Science. A division of

Criminology that deals with prison management and the treatment of
offenders, and concerned itself with the philosophy and practice of the
society in its effort to repress criminal activities.

The Oxford English Dictionary defines penology as "the study of

the punishment of crime and prison management", and in this sense it is
equivalent with corrections (Clear, 1994).

The effectiveness of those social processes devised and adopted

for the prevention of crime, via the repression or inhibition of criminal
intent via the fear of punishment was the old concept of penology while
the contemporary concept deals with prison management and treatment
and rehabilitation of offenders.

Principal Aims of Penology

 To bring light in the ethical barriers of punishment, along with the

motives and purposes of society inflicting it.
 To make comparative study of penal laws and procedures through
history between nations.
 To evaluate the socials consequences of the policies enforced at a
given time.

Scope of Penology

1. Penal Management

It is the manner or practice of managing or controlling places of

confinement of as in jails or prisons including the execution of
punishment.

1
 2. Rehabilitation

Rehabilitation means "to restore to useful life, as through therapy

and education" or "to restore to good condition, operation, or
capacity".(The American Heritage Dictionary, 2009)

The assumption of rehabilitation is that people are not

permanently criminal and that it is possible to restore a criminal to a useful
life, to a life in which they contribute to themselves and to society. A goal
of rehabilitation is to prevent habitual offending, also known as criminal
recidivism. Rather than punishing the harm out of a criminal, rehabilitation
would seek, by means of education or therapy, to bring a criminal into a
more peaceful state of mind, or into an attitude which would be helpful to
society, rather than be harmful to society.

CORRECTION

It is a branch of Criminal Justice System concerned with the

custody, supervision, and rehabilitation of criminal offenders. It utilizes
the body of knowledge and practices of the government, and the society in
general involving processes of handling individuals who have been
convicted of offenses for purposes of crime prevention and control.

Correction As a process, it is the reorientation of the criminal

offender to prevent him or her from repeating his delinquent actions
without the necessity of taking punitive action but rather introduction of
individual measures for reformation or rehabilitation.

Correction Administration

It is the study and practice of a systematic management of jails or

prisons and other institutions concerned with the custody, treatment, and
rehabilitation of criminal offenders.

Correctional management

It is concerned primarily with making use of available manpower

and resources to implement programs. Thus, most of Management‘s time
is spent on activities within the organization. Managers are responsible
primarily for implementing policy and for day-to-day planning so their
positions tend to be less political.

2
Correction and the CJS

It is the fourth pillar of the CJS. It is considered as the weakest

pillar because of the failure to deter individuals in committing crimes as
well as the reformation of inmates.

Punishment

Punishment has been regarded by many as an effective means of

social control It is the redress that the state takes against an offending
member of society that usually involves pain and suffering.

 Capital Punishment – is the infliction of death penalty upon

persons convicted of serious crime.
 Corporal punishment – means infliction of physical pain upon a
convicted criminal.

Juridical Rule of Penalties

 It must be productive of suffering without affecting the integrity of

the human personality.
 It must be commensurate to the offense.
 It must be personal.
 It must be legal.
 It must be equal for all.
 It must be correctional. (Reyes, 1998)

Constitutional Restriction on Penalties

The 1987 Constitution directs that “excessive fines shall not be

imposed, nor cruel and unusual punishment inflicted. The punishment or
penalty imposed is deemed unusual and cruel when it is disproportionate
to the offense committed and morally shocking to a person of reasonable
mind as to what is commensurate under the circumstances which attended
to its commission.”

Exemptions of Punishments

In the ancient times, rulers and kings were perceived to be

infallible. Their next of kin and upperclassmen are likewise benefited with
exemptions to punishment given to commoners

In 1843, the M’Nagthan case of England paved way for the

exemption of law violators who have an unsound mind or otherwise
suffering from mental illness which causes crimes.

3
 In the Philippines, the state recognizes several circumstances in
which a person has transgressed the law would not suffer its consequences:
Minority of age Absence of intelligence Absence of freedom or action
Absence of negligence on the part of the accused.

Justifications of Punishment

Retribution - way of personal vengeance. It would depend on the

degree of satisfaction the aggrieved or offended party would obtain.

Atonement or expiation - penalty is commensurate with the

gravity of the offense based on the norms observed by the members of the
society, form of group vengeance.

Deterrence - based on the belief that the offender when punished

and inflicted with suffering would learn the lessons the hard way.

Protection - regarded as social defense wherein the society would

gain protection by putting criminals behind bars.

Reformation - the states believe that the society would be best

protected when law violators would return to the community as
responsible and productive members of the society.

Principles and Goals of Correction Today

 Incapacitation
 Retribution
 Deterrence
 rehabilitation

Global Historical Perspective of Corrections

Ancient Codes

Code of Hammurabi – The Code of Hammurabi is a well-

preserved Babylonian law code of ancient Iraq, formerly
Mesopotamia, dating back to about 1772 BC. It is one of the oldest
deciphered writings of significant length in the world. The sixth
Babylonian king, Hammurabi, enacted the code, and partial copies
exist on a human-sized stone stele and various clay tablets. The
Code consists of 282 laws, with scaled punishments, adjusting "an
eye for an eye, a tooth for a tooth" (lex talionis) as graded
depending on social status, of slave versus free man. (Prince 1904)

4
 Mosaic Code – this is premised on the concept of retribution and
also carried restitution because it allows the offender and the
victim to come to a settlement and to have such settlement decided
by the legal authorities. It allows extreme punishment but accused
are entitled to such right as freedom from torture and admission of
guilt is admissible only when there is a confirmatory testimony
from at least one other witness.

King Ur-Nammu’s Code (Ur, Ancient Sumeria 2100B.C.) –

decreed the imposition of restitution and fines of execution,
mutilation or other savage penalties. In effect, the code does not
carry the death penalty because in case of death or physical
injuries to the victim, punishment has to be confined to the
financial consequences of the crime.

Forms of Ancient Punishment

Judas Cradle

The Judas Cradle, a terrible medieval torture where the

victim would be placed on top of a pyramid-like seat. The victim's
feet were tied to each other in a way that moving one leg would
force the other to move as well - increasing pain.

The triangular-shaped end of the judas cradle was inserted

in the victim's anus or vagina. This torture could last, depending
on some factors discussed below, anywhere from a few hours to
complete days.

Coffin Torture

The Coffin Torture was feared throughout the Middle

Ages. It is enough for one to look at the picture to the left to
realize the reason.

The victim was placed inside the "coffin". Torturers were

well-known for forcing overweight victims into the device, or
even making the "coffin" slightly larger than normal to make the
victims more uncomfortable.

The period of time a victim was to be kept inside the

coffin was determined by his or her crime. Very serious crimes,
such as blasphemy, were punished by death inside the coffin
where the victim was to be kept inside under the sun with animals
eating his or her flesh.

5
 The coffin was sometimes placed in a public plaza so the
local population would congregate around it and mock the unlucky
victim. Sometimes death occurred because of the hatred towards
the person as others often threw rocks and other objects to further
increase the pain.

The Brazen Bull

The brazen bull is an executionary device first invented in

Ancient Greece.

Its inventor, Perillos of Athens, proposed to Phalaris; a

tyrant, the need of a more painful way to kill criminals. This was
done hoping to disuade the poor population from committing any
more crimes.

As the story goes, when Perillos finished the brazen bull,

Phalaris asked Perillos to try it out by himself. He then ordered
him locked inside the brazen bull and set a fire underneath it. He
was very pleased with the results. Being burned alive was a very
exciting act to watch.

When a victim is placed inside the brazen bull, he or she is

slowly burned to death. This device gradually became more
sophisticated until the Greek invented a complex system of tubes
in order to make the victim's screams sound like an infuriated ox.

The Rack Torture

The rack is commonly considered the most painful form

of medieval torture. It was a wooden frame usually above ground
with two ropes fixed to the bottom and another two tied to a
handle in the top.

The torturer turned the handle causing the ropes to pull the
victim's arms. Eventually, the victim's bones were dislocated with
a loud crack. If the torturer kept turning the handles, some of the
limbs were torn apart, usually the arms.

This method was mostly used to extract confessions, as

not confessing meant that the torturer could stretch more.
Sometimes, torturers forced their victim to watch other people be
tortured with this device to implant psychological fear.

6
The Water Torture

Dunking

Dunking is a form of punishment that was mainly

reserved for supposed witches. The victim was tied to a
chair which was elevated or lowered by the torturer. If he
noticed that the victim was going to pass out, he elevated
the chair. When he needed information and the victim was
unwilling to cooperate, he lowered it. This method was
widely used during the Spanish Inquisition and in England
and France. The victim was usually intermittently
submerged for many hours until he or she revealed
information or death occurred.

While witches were commonly tortured using this

method, thieves and murderers could be subject to it in
order to extract a confession. This was more common
when other more sophisticated torture devices were not
present.

Drops of Water

A very painful method of torture consisted of

fixing a victim's head under a small tube that constantly
filtered drops of water. These fell on the same spot of the
victim's head leading to, in prolonged periods of time,
perforation and eventually death.

The Cauldron

The unlucky victim was placed inside an empty

cauldron attached to chains. The cauldron was filled with
cold water and beneath it, a fire was set. Eventually the
water began to boil cooking the victim alive. This was
more frequently a way to execute a prisoner rather than to
extract a confession.

Freezing with water

In the winter, the naked victim was forced to stand

outside in full view of everyone. Slowly, the torturer
poured water on his head which eventually became frozen
making the victim die slowly and painfully. Sometimes
the body was left for the whole winter to terrify the
population and dissuade any further crimes, as punishment
was imminent.
7
 Force Drinking

This torture was mostly used in more recent times,

but some historians believe that its origins date to the
Middle Ages. The effect is this: the victim is forced to
drink much water until his confession or death.

Exposure

As its name implies, this method consists of exposing a

victim to the elements. The victim could be buried up to his neck
letting any animals, insects or other people kill him slowly.

In some towns there were chains, stocks or ropes used to

quickly restrain someone. In many cases, the victim was simply
left to die of hunger and thirst.

Due to its cost efficiency and cruelty, the exposure torture

was very widespread in medieval Europe. The victim's remains
often served as a warning to the population.

In many cases, the victim was sentenced to a short period

of exposure, depending on the crime. However, death was frequent
since they were completely defenseless.

The Chair of Torture (Torture)

Also known as the Judas Chair, the Chair of Torture was a

terrible device of the Middle Ages. It was used until the late 1800's
in Europe.

There are many variants of the chair. They all have one
thing in common: spikes cover the back, arm-rests, seat, leg-rests
and foot-rests. The number of spikes in one of these chairs ranges
from 500 to 1,500.

To avoid movement, the victim's wrists were tied to the

chair or, in one version, two bars pushed the arms against arm-
rests for the spikes to penetrate the flesh even further. In some
versions, there were holes under the chair's bottom where the
torturer placed coal to cause severe burns while the victim still
remained conscious.

8
The Pear of Anguish

The Pear of Anguish was used during the Middle Ages as

a way to torture women who conducted a miscarriage, liars,
blasphemers and homosexuals.

A pear-shaped instrument was inserted into one of the

victim's orifices: the vagina for women, the anus for homosexuals
and the mouth for liars and blasphemers.

The instrument consisted of four leaves that slowly

separated from each other as the torturer turned the screw at the
top. It was the torturer's decision to simply tear the skin or expand
the "pear" to its maximum and mutilate the victim.

The Pear of Anguish was usually very adorned to

differentiate between the anal, vaginal and oral pears. They also
varied in size accordingly.

The Rat Torture

A cheap and effective way to torture someone was with

the use of rats. There were many variants, but the most common
was to force a rat through a victim's body (usually the intestines)
as a way to escape. This was done as follows:

The victim was completely restrained and tied to the

ground or any horizontal surface. A rat was then placed on his
stomach covered by a metallic container. As the container was
gradually heated, the rat began to look for a way out - through the
victim's body.

Digging a hole usually took a few hours of agonizing pain

for the victim. This almost invariantly resulted in death.

The Breast Ripper

Used as a way to punish women, the breast ripper was a

painful and cruel way to mutilate a woman's breasts.

This instrument was mostly reserved for women accused

of conducting a miscarriage or those accused of adultery.

The claws were used either hot or cold on the victim's

exposed breasts. If the victim wasn't killed she would be scarred
for life as her breasts were literally torn apart.

9
 A common variant of the breast ripper is often referred to
as "The Spider" which is a similar instrument attached to a wall.
The victim's breasts were fixed to the claws and the woman was
pulled by the turturer away from the wall; successfully removing
them.

The Head Crusher

The head crusher was widely used during most of the

Middle Ages, especially the Inquisition. With the chin placed over
the bottom bar and the head under the upper cap, the torturer
slowly turned the screw pressing the bar against the cap.

This resulted in the head being slowly compressed. First

the teeth are shattered into the jaw; then the victim slowly died
with agonizing pain, but not before his eyes were squeezed from
his sockets.

This instrument was a formidable way to extract

confessions from victims as the period of pain could be prolonged
for many hours if the torturer chose to. This could be done by
repeatedly turning the screw both ways.

If the torture was stopped midway, the victim often had

irreparable damage done to the brain, jaw or eyes.

Saw Torture

The Saw was widely used throughout the Middle Ages,

mainly because the tools required were found in most houses and
no complex devices were required. It was a cheap way to torture
and kill a victim who was often accused of: witchery, adultery,
murder, blasphemy or even theft.

The victim was tied to an inverted position. This had

several "benefits": first, it assured sufficient blood diverted to the
brain, second, it slowed down the loss of blood and third, it
humiliated the victim.

Depending on the victim and torturer, this torture could

last several hours. When a confession was required, the victim was
frequently forced to watch someone else be subject to this method.
If he didn't confess, he'd be slowly cut in half.

10
The Virgin of Nuremberg (The Maiden)

The Iron Maiden, otherwise known as the Virgin of

Nuremberg, was a device used from the XVI century to torture
criminals.

It stands 7 feet tall and is able to accommodate a man. The

victim was tied inside the Maiden and one of the two doors was
shut, penetrating the victim's flesh with the strategically-placed
spikes that didn't penetrate any vital organs. When completely
closed, the screams from the victim could not be heard outside,
nor could the victim see any light or hear anything. This increased
the psychological pain. Additionally, the spikes blocked the
wounds so it took many hours - or even days - for death to occur.

The Spanish Tickler

This terrible device was used in most of Europe during the

Middle Ages. It's a very simple instrument that was used to tear a
victim's skin apart. Due to its shape, neither bones nor muscles
were spared.

The victim was naked and tied making him or her

completely defenseless. Then the torturers began the (sometimes
public) act of mutilating the victim. They often began with the
limbs and slowly moved into the chest, back, neck and finally the
face.

In short, the Spanish Tickler or Cat's Paw, is nothing but

an extension to the torturer's hand. The spikes were sharp enough
to tear anything in their path.

Garrotte Torture

Very common in all the world, the Garrotte received its

Spanish name due to its popularity in the area. The Spanish also
perfected this instrument to cause a painful and decisive death.

The victim was tied to the instrument and his or her neck
forced inside the iron collar. With the handle that can be seen in
the picture, the executioner slowly crushed the victim's neck
causing death from asphyxia.

11
Flagellation (Whipping)

Flagellation, or whipping, was very common in Rome. It

was still in use during the Middle Ages most notoriously in the
army where flagellation was a very common form of punishment.

The British army was very notorious for using flagellation

to punish minor offenses. The amount of whipping depended on
the victim's crime and it sometimes incurred death.

The Wheel Torture (Breaking Wheel)

This device was used as a capital punishment during the

Middle Ages. Reserved for hated criminals, The Wheel always
killed its victim, but did so very slowly.

The Wheel originated in Greece and quickly spread to

Germany, France, Russia, England and Sweden. The device
consists of a large wooden wheel with many spokes. The victim's
limbs were tied to the spokes and the wheel itself was slowly
revolved. Through the openings between the spokes, the torturer
usually hit the victim with an iron hammer that could easily break
the victim's bones. Once his bones were broken, he was left on the
wheel to die, sometimes placed on a tall pole so the birds could
feed from the still-living human.

Foot Roasting

In Medieval Times, foot roasting was a popular way to

extract a confession or punish a criminal of minor crimes.

The victim's feet were imprisoned in the stocks (see

picture) and then red-hot coal was placed right under them. When
the subject was interrogated, a screen was put between the heat
and his feat, acting as relief. If he refused to confess, his bare feet
were exposed to the flames.

The torture progressed until the victim's feet were charred

to the bone. When this occurred, the phalanges and other bones
fell as the feet were completely burned. This very rarely resulted
in death, but if the victim refused to confess, he could be subject to
other tortures.

12
Burning at the Stake

Burning at the stake was a very common way to execute

blasphemers, thieves and witches. It was used throughout the
Middle Ages and beyond.

If the fire was big enough, death occurred first by

asphyxia rather than damage done by the flames. However, this
was a known fact and the victims were usually burned in a smaller
fire so they would "suffer until the end". When the fire was small,
death occurred because of loss of blood or a heatstroke which
could take even hours.

When the victim was hated by the population if he, for

example, raped a woman, the general populace often congregated
around the stake to see the victim die. The smell was terrible and
lasted for many hours or even days after his death.

Thumbscrew Torture

The thumbscrew was used during the Middle Ages.

The victim's fingers were placed inside the instrument and

slowly crushed as the torturer turned the handle on top. This
method was primarily used to extract confessions as it was both
painful and very lasting.

The Heretics Fork

The heretics fork was used in the Middles Ages mainly

during the Spanish Inquisition.

The instrument consists of two forks set against each other

that penetrated the flesh under the chin in one end and the upper
chest in the other. As usual, this instrument didn't harm any vital
points; thus avoiding death and prolonging pain.

The victim's hands were tied behind his back to prevent

any chance of escape. The Heretics Fork made speech and neck
movement almost impossible and was used after a confession to
avoid hearing the victim any further. As can be seen in the picture,
a small collar supported the fork forcing the victim to hold his
head erect.

13
Flaying Torture

Flaying is a very old torture method that was used

thousands of years ago in the Middle East, Africa and even
America. During the Middle Ages, it was frequently used to
torture and execute criminals, captured soldiers and witches.

In one version of the Flaying Torture, the victim's arms

were tied to a pole above his head while his feet were tied below.
His body was now completely exposed and the torturer, with the
help of a small knife, peeled off the victim's skin slowly. In most
cases, the torturer peeled off his facial skin first, slowly working
his way down to the victim's feet. Most victims died before the
torturer even reached their waist.

Lead Sprinkler

At first sight, it looks like a holy water sprinkler, but in

reality it's a bit more complex. The torturer poured molten metals
in one end and its contents slowly rushed to the other side where
they fell on any part of the victim's body. Many executions
occurred with this instrument.

Knee Splitter

The knee splitter, a terrible torture, was mostly used

during the Inquisition. What this instrument accomplished was to
permanently render the knees useless.

Even though the name implies that this instrument was

only used for "splitting" knees, it was also used in other body parts
including: the elbows, arms and even the lower legs.

As the torturer turned the handle, the claws slowly

slammed against each other mutilating any skin in between. The
number of spikes the knee splitter contained varied from three to
more than twenty.

Pillory Torture

The pillory was used to publicly humiliate a victim. Even

though it was meant as a mild form of punishment, the crowd
sometimes made it lethal.

The pillory often served as a post for Flagellation. When

the victim was restrained with the device, he was completely
defenseless and subject to the crowd.
14
 In many cases the crowd threw harmless objects such as
vegetables, but when the victim committed a serious offense they
threw stones or other heavy objects. The crowd often humiliated
the victim by cutting his hair, putting marks on his body and even
mutilating some of his body parts.

The Brank

The Brank was used to humiliate women who "by

brawling and wrangling amongst her neighbours breaks the public
peace, increases discord and becomes a public nuisance to the
neighbourhood." In short, women who gossiped with their
neighbors with no purpose other than to offend, ridicule or lie
about someone else were subject to this torture.

The device was a metal cage or mask that enclosed the

head, often with ridiculous adornments designed to humiliate its
victim. In some towns, the Brank had a bell attached to its rear
only to announce the presence of the victim who was instantly
mocked by the people she "endangered" through gossip.

Crocodile Shears

The crocodile shears had a very specific purpose: To

mutilate those who attempted to assassinate the king.

The interior design closely resembles a tube containing

numerous spikes on both ends. Although it was sometimes used to
mutilate the fingers, its most common purpose was to mutilate a
man's penis.

Toe Wedging

The victim's feet were secured on a small platform. Using

wooden or metallic wedges, the torturer slowly fixed the wedges
underneath the victim's nails, almost exclusively for confessionary
purposes.

What followed next was agonizing pain for the victim, as

failure to confess would mean wedging the next nail, and the next.
Toe wedging was considered the prelude to more painful and
humiliating torture methods that would ensue if the victim failed
to confess.

15
The Copper Boot

The copper boot could be used in several different ways.

First, the torturer placed the victim's feet inside the boot and
secured them with chains inside the device. Depending on the
crime, the victim could be tortured in many different ways:

Boiling Water
Although it was more common for victims to be
Boiled Alive with the cauldron, torturers could fill the
boot with water and place some fire underneath, slowly
burning the victim's feet until the victim passed out, died,
or confessed.

Molten Metals
Although the boot would become unusable for
later victims, filling it with molten copper, lead or silver
was a common practice as it would produce third degree
burns and even cause intoxication.

Beat it
Another way to prolong pain was by repeatedly
beating the boot with a hammer. Although the legs would
not suffer lethal damage, the pain this incurred often made
the victim pass out.

The Pendulum

The pendulum was a good way to extract confessions.

With the help of a rope, the victim's wrists were tied behind his
back. As the torturer turned the handle, the rope slowly elevated
eventually dislocating the victim's shoulders.

This was very seldom a lethal torture method, as torturers

used the pendulum mostly for inflicting psychological fear to
extract confessions before actually hurting the victim.

The Street Sweeper's Daughter

Very possibly called the Street Sweeper's Daughter after

the Scavenger's Daughter from England, this device was mostly
used in Russia and the Middle East.

The Street Sweeper's Daughter worked by compressing

the victim's body; just like The Rack, but inversely so. The torturer
Could tighten the device or loosen it up, depending on the victim's
offense.
16
 This device although not very painful-looking, was often
employed publicly to humiliate the victim. Those particularly
hated individuals were often at the mercy of an angry crowd that
often threw stones and fecal maters to the exposed victim.

Contemporary forms of Punishment

Lethal Injection

In the short time before an execution by lethal injection,

the prisoner is prepared for his death. This can include a change of
clothing, a last meal, and a shower. The prisoner is taken to the
execution chamber and two IV tubes are inserted in to his arms; a
saline solution is fed through the tubes. These tubes are then fed
through the wall in to an anteroom from where the execution will
be carried out. The anteroom contains direct telephone
connections to officials who have the power to stay the execution.
Once the IV tubes are connected, the curtains are drawn back so
that witnesses may watch the execution, and the prisoner is
allowed to make his last statement.

Unless a stay is given, the execution begins. There can be

one or more executioners, and sometimes in the case of multiple
executioners, the lethal dose is given by only one so that no one
knows who delivered it. The executioners are shielded from the
view of the prisoner and witnesses. The drugs can be delivered by
a machine, but due to the fear of mechanical failure, most US
states prefer to manually inject the drugs in to the IV. The drugs
are then administered in the following order:

Sodium thiopental: This drug, also known as Pentathol is a

barbiturate used as a surgical anesthetic. In surgery, a dose of up to
150mg is used; in execution, up to 5,000mg is used. This is a
lethal dose. From this point on if the prisoner is still alive, he
should feel nothing.

Pancuronium bromide: Also known as Pavulon, this is a

muscle relaxant given in a strong enough dose to paralyse the
diaphragm and lungs. This drug takes effect in 1-3 minutes. A
normal medical dose is 40 – 100mcg per kilogram; the dose
delivered in an execution is up to 100mg.

Potassium chloride: This is a toxic agent which induces

cardiac arrest. Not all states use this as the first two drugs are
sufficient to bring about death.

17
 Saline solution is used to flush the IV between each dose.
Within a minute of two after the final dose is given, a doctor
declares the prisoner dead. The body is then sent to the coroner for
verification and sometimes an autopsy and is released to the
family for burial or is buried by the state.

Electric Chair

The electric chair was invented by Harold P. Brown who

was employed by Thomas Edison for the sole purpose of
investigating the uses of electricity for execution. Brown, a dentist
used to working with people in chairs, used a chair design for his
device. At the time there was still competition to see whether
Edison’s direct current (DC) or Westinghouse’s alternating current
(AC) would win the current war. Edison was in favor of using his
opponents AC as he thought it would lead people to believe that
AC was more dangerous than DC. In fact, it would make little
difference which current were used at the voltage needed for an
execution. Edison was so keen to alienate Westinghouse, that he
tried to get people to refer to execution by electrocution as
“westinghousing” someone. The chair was first adopted in 1889
and the first execution took place in 1890 in New York.

In execution by electric chair, the prisoner is strapped to

the chair with metal straps and a wet sponge is placed in his head
to aid conductivity. Electrodes are placed on the head and leg to
create a closed circuit. Depending on the physical state of the
prisoner, two currents of varying level and duration are applied.
This is generally 2,000 volts for 15 seconds for the first current to
cause unconsciousness and to stop the heart. The second current is
usually lowered to 8 amps. The current will normally cause severe
damage to internal organs and the body can heat up to 138 °F (59
°C). While unconsciousness should occur within the first second
or two, there have been occasions where it has taken much longer,
leading people to speak out against this method of execution.

The post-execution cleanup is an unpleasant task as skin

can melt to the electrodes and the person often loses control over
bodily functions. The skin is also often burnt.

Gas Chamber

The gas chamber has been used for executions for a

considerable number of years. It has gained the most notoriety
from its use in the German prison camps during World War II
where it was used to exterminate millions of people in one of the
worst cases of genocide in the 20th century. All of the five US
18
 states that still use the gas chamber allow the prisoner to choose
death by lethal injection instead. The last death by gas chamber in
the US was in 1999 when German Walter LaGrand was executed
in Arizona. There are unconfirmed reports that North Korea is
using the gas chamber as a method of execution and to test
poisonous gasses on prisoners.

Prior to the execution, the executioner will enter the

chamber and place potassium cyanide (KCN) pellets into a small
compartment beneath the execution chair. The prisoner is then
brought in and secured to the chair. The chamber is sealed and the
executioner pours a quantity of concentrated sulfuric acid
(H2SO4) through a tube which leads to a holding compartment in
the chair. The curtains are drawn back for witnesses to see the
execution and the prisoner is asked to make his last statement.
After the last statement, a level is thrown by the executioner and
the acid mixes with the cyanide pellets generating lethal hydrogen
cyanide (HCN) gas. The prisoners will generally have been told to
take deep breaths in order to speed up unconsciousness, but in
most cases they hold their breath. Death from hydrogen cyanide is
painful and unpleasant.

After the prisoner is dead, the chamber is purged of gas

and neutralized with anhydrous ammonia (NH3). Both the
ammonia and the acid that must be removed from the chamber are
highly dangerous. Guards with oxygen masks then enter the
chamber and remove the body so that it can be examined by a
doctor.

Capital punishment in the Philippines

Capital punishment in the Philippines has a varied history and was

abolished on June 24, 2006 (the second time since 1987).

Filipinos have mixed opinions about the death penalty, with many
opposing it on religious and humanitarian grounds, while others advocate
it as a way of deterring crimes.

Contemporary Punishment in the Philippines

1. Imprisonment – based on degree of severity of crime

2. Parole – (After minimum term)

3. Probation – (No imprisonment)

19
4. Fine – According to set amount

5. Destierro - (25 kms away)

Spanish and American Periods

During Spanish colonial rule, the most common method of

executions were shooting by the firing squad (especially for
treason/military crimes, usually reserved for independence fighters) and
garrotte (a notable case would be the Gomburza).
A prominent example is the country's national hero, Jose Rizal, who was
executed by firing squad on the morning of December 30, 1896.[1]

In 1926, the electric chair was introduced, by the United States

colonial government.
This made the Philippines the only country besides the United States to
employ this method.

1946 to 1986

The capital crimes after regaining full independence were murder,

rape and treason. A well-publicised triple execution took place in May
1972, when Jaime Jose, Basilio Pineda, and Edgardo Aquino were
electrocuted for the 1967 abduction and gang-rape of the young actress
Maggie dela Riva. Firing squad was also allowed for some cases.
Under the dictatorship of President Ferdinand Marcos, drug trafficking
became punishable with death by firing squad. A notable execution was
that of drug-trafficker Lim Seng, whose death was broadcast on national
television.

Electrocution was used until 1976, when execution by firing squad

eventually became the sole method of executions. During the Marcos
regime, however, countless more people were summarily executed,
tortured, or simply disappeared for opposition to his rule.

After Marcos was deposed in 1986, the newly-drafted Constitution

prohibited the death penalty except for certain crimes. This meant, in
effect, that it was abolished totally and made Philippines the first Asian
country to do so. The 1987 Constitution is the version currently in force.

Reinstatement and moratorium

President Fidel V. Ramos promised during his campaign that he

would support the reintroduction of the death penalty in response to
increasing crime rates. The new law, drafted by Ramos, restored capital
punishment by defining "heinous crimes" as everything from murder to
stealing a car.
20
 This law provided the use of the electric chair until the gas
chamber (chosen by the government to replace electrocution) could be
installed.

The first execution by lethal injection took place under Ramos'

successor, Joseph Estrada. Because the Philippines is predominantly
Catholic, Estrada called a moratorium in 2000 to honour the bimillenial
anniversary of Jesus' birth.[2] Executions were resumed a year later.

Estrada's own successor, Gloria Macapagal Arroyo, was a vocal

opponent, and also approved a moratorium, but later permitted executions
and denied clemencies.

Abolition

On April 15, 2006, the sentences of 1,230 death row inmates were
commuted to life imprisonment, in what Amnesty International believes to
be the "largest ever commutation of death sentences".[3] Capital
punishment was re-abolished via Republic Act No. 9346, which was
signed by President Gloria Macapagal-Arroyo on June 24, 2006. The bill
followed a vote held in Congress earlier that same month which
overwhelmingly supported the abolition of the practice.[4] The penalties of
life imprisonment and reclusion perpetua (indeterminate sentence, 30-year
minimum) replaced the death penalty.[5] Critics of Arroyo's initiative called
it a political move meant to placate the Catholic Church, some sectors of
which were increasing in opposition to her administration.

Aftermath

An old Philippine embarkation card warning (falsely) visitors

about the death penalty for drug trafficking.

President Arroyo has controversially pardoned many prisoners

including Former President Joseph Estrada who was found guilty of
corruption in 2007 and all remaining convicted felons charged with the
assassination of Former Senator and opposition leader Benigno Aquino, Jr.
in 2009.[6][7]

Methods

The Philippines was the only country except the United States
which used the electric chair (1926–1976). After reintroduction of the
death penalty in 1993, the country switched to lethal injection.

21
History of Penology in Europe

Nicomedian Ethics (Ancient Greece 400B.C.) – The book written

by Aristotle, that made the first to explain crime in this book. In
this book, he wrote something about the corrective justice, stating,
“Punishment is a means of restoring the balance between pleasure
and pain.” He also further stated that, “corrective justice is a
means whereby the loss suffered by the wronged man is
compensated. Suffering by the offender restores the balance
between the injured and the transgressor.” Common punishments
are stoning to death, burning alive and banishment.
Greeks maintained that justice should reform the offender but also
serve as deterrent to others committing the offense.

Justinian Code – this code was a revision of the Twelve Tables of

Roman Law that originated 500B.C. these twelve tables contain
every crime in those days and specified the penalty for every
offense listed in the said tables,

Burgunian Code – this code introduced the concept of restitution.

But punishments were meted according to the social class of
offenders because Nobles, middle classes and lower classes have
specified values in their lives.
Priest and all those connected with the church were tried by
ecclesiastical instead of secular courts which were more
compassionate than those imposed by the political authorities.

Inquisition (1215) – Another ecclesiastical court that has gained

historical notoriety throughout the ages for its viciousness. This
Roman Catholic Tribunal was responsible for the detection and
punishment of unbelievers and heretics. Joan of Arc and Galileo
Galilee were two of the famous that was tried in this court.

Pope Leo I – The first Pope who fully express approval for killing
and reigned for more than two decades from the year 440A.D.

 Priscillian – was the first recorded who was put to death

for being heretic in the year 385A.D.

Pope Gregory IX – issued Papal Encyclical “Excommunicamus”

in 1231 that made part of the Canon Law the burning of non-
believers at stake.

Pope John Paul II – He reversed the culture of death through his

Encyclical “Tertio Millenio Adveniente.”

22
 Jails or Gaols – the use of imprisonment as punishment for an
increasing number of crimes began in the 14th and 15th centuries
were prisoners had to pay for accommodations, food and the cost
of administration and security.

Bridewell Institution – established in Bridewell, England in 1556

which was established as a workhouse for vagabonds, idlers and
rouges. Under the Bridewell System, vagrants and prostitutes were
given work while serving their sentences. And for all practical
intents and purposes, only the capitalist class can exploit this
prison labor.

John Howard and prison reform

Public interest in prison conditions and the treatment of prisoners

grew during the later 18th century. One of those who promoted this
interest was John Howard, who during his lifetime conducted an extensive
tour and study of prisons in Britain and on the continent.

Improving conditions

In 1774 his evidence to a House of Commons committee

led to two Acts which aimed to improve conditions in gaols. His
published writings on the subject were widely read and his
detailed accounts of inhumane conditions caused dismay.
He advocated a system of state-controlled prisons in
which the regime was tough, but the environment healthy. In 1779
the Penitentiary Act authorised the construction of two prisons in
accordance with his own theories.
He advocated a regime of solitary confinement, hard
labour and religious instruction. The objective of imprisonment, he
believed, was reform and rehabilitation, not just punishment.

Prison design

Though the plans set out in the Penitentiary Act were

never carried out, Howard's ideas and proposals were taken up by
others.
In 1785 Sir George Onesiphorus Paul, a Gloucestershire
gentleman and magistrate, secured an Act of Parliament for
building a new gaol at Gloucester.
The completed prison building was regarded as a model of
its kind, incorporating individual cells, separation of different
classes of prisoner, medical care, exercise facilities and religious
instruction.

23
Early American Penitentiary

The first recorded prison in the American colonies was established

in Amsterdam in the state of New York, sometime in the middle of the
1600.

Sing Sing Prison – was the third prison built by New York
State. It became famous or rather infamous because of the Sing Sing
bath, this shower bath was a gadget so constructed as to drop a volume
of water on the head of a locked naked offender.

St. Michael Prison (1704) – introduced by the Roman

Catholic Church at the Hospital of St. Michael during the reign of
Pope Clement XI. It emphasized the rehabilitative concept and
pioneered the segregation of prisoners and forced silence to make
prisoners contemplate their wrong doings.

Pennsylvania system, penal method based on the principle

that solitary confinement fosters penitence and encourages
reformation. The idea was advocated by the Philadelphia Society for
Alleviating the Miseries of Public Prisons, whose most active
members were Quakers.
 “Separate system”
 solitary confinement
 eat, sleep, work in cell
 religious instruction
 reflection upon crimes
 reform through
 salvation
 religious enlightenment
 model for Europe

1. Walnut Street Jail in 1776

2. Western Penitentiary in 1826
3. Eastern Penitentiary in 1830

Auburn system (also known as the New York System) is a

penal method of the 19th century in which persons worked during the
day in groups and were kept in solitary confinement at night, with
enforced silence at all times. The silent system evolved during the
1820s at Auburn Prison in Auburn, New York, as an alternative to and
modification of the Pennsylvania System of solitary confinement,
which it gradually replaced in the United States.

“Congregate system”
 hard labor in shops-day
 solitary confinement-night
24
  strict discipline
 rule of silence
Reform through
 good work habits
 discipline
Model for US-economical

The first prison built according to the separate system was the
Eastern State Penitentiary in 1829 in Philadelphia, Pennsylvania in
the United States. Its design was later copied by more than 300 prisons
worldwide.

Chain gang is a group of prisoners chained together to

perform menial or physically challenging work, such as mining or
timber collecting, as a form of punishment. Such punishment might
include building roads, digging ditches or chipping stone. This system
existed primarily in the southern parts of the United States, and by
1955 had been phased out nationwide, with Georgia the last state to
abandon the practice.

Hubert Act (1913 Wisconsin) – treatment-oriented prison

emerged.

Elmira Reformatory – The prison, which officially received

its first prisoners from Auburn Prison in July 1876, began a new era in
the science of penology as the first "reformatory". The harsh methods
of the "Auburn" and "Philadelphia Systems" including corporal
punishment, striped uniforms and lockstep marching, were rejected
along with the earlier reforms fostered by the Quakers in
Pennsylvania. Under its warden Zebulon Brockway, imprisonment
was designed to reform each inmate by an individualized program.
Brockway rejected pointless hard labor, a regime of silence, religious
and morality lectures, and strict obedience enforced by brutality. This
was the first prison facility that adopted parole.

New York House of Refuge was the first juvenile

reformatory in the nation. It was the product of a philanthropic
association, originally called the Society for the Prevention of
Pauperism, organized in 1816. During its early years, the Society was
dominated by Quaker merchants and influential political leaders, such
as Cadwallader Colden and Stephen Allen.

Alcatraz (The Rock) - 1850 – the prison is located on an

island in San Francisco Bay. It was built for the military in
the 1850's and used by them, as a fort and a prison until 1933 when it
passed to the Department of Justice and became a civil prison until it
was closed in1963.
25
 1st Juvenile Court – Cook County, Illinois in 1899

Juvenile Justice and Delinquency Prevention Act (1974) –

enacted by the US Congress to set some important provisions aiming
to guarantee protection of the juvenile offender’s right.

Great Prison Reformers

William Penn (1614-1718), fought for religious freedom

and individual rights. He was the first leader to prescribe
imprisonment as correctional treatment for major offenders. He
also fought for the abolition of death penalty and torture as a form
of punishment.

Charles Montesiquieu (Charles Louis Secondat, Baron

de la Brede et de Montesiquieu) - (1689- 1755) A French
historian and philosopher who analyzed law as an expression of
justice. He believed that harsh punishment would undermine
morality and that appealing to moral sentiments was the better
means of preventing crime and famous for his advocacy in
reforming slavery as a means of punishment. He was also famous
for the theory “separation of powers” of the legislative, judiciary
and the executive.

Francois Marie Arouet (Pen name: Voltaire) (1694-

1778) He was the most versatile of all philosophers during this
period. He believed that fear of shame was a deterrent to crime. He
fought the legality-sanctioned practice of torture.

John Howard (1726 – 1790) – the sheriff of

Bedsfordshire in 1773 who devoted his life and fortune to prison
reform (Father of Prison Reform). After his findings on English
Prisons, he recommended that
 single cells for sleeping,
 segregation of women,
 segregation of youth,
 provision of sanitation facilities,
 abolition of fee system

Cesare, Marquis of Beccaria-Bonesana (March 15, 1738

– November 28, 1794) was an Italian jurist, philosopher and
politician best known for his treatise On Crimes and Punishments
(1764), which condemned torture and the death penalty, and was a
founding work in the field of penology.
Regarding the "Proportion between Crimes and
Punishment", Beccaria stated that: "Crimes of every kind should
26
be less frequent, in proportion to the evil they produce to society."
He further elaborated: "If an equal punishment be ordained for two
crimes that injure society in different degrees, there is nothing to
deter men from committing the greater as often as it is attended
with greater advantage." Beccaria also argued against torture,
believing it was cruel and unnecessary to treat another human that
way.

Elizabeth Fry (1780-1845) was a Quaker philanthropist

and one of the major promoters of prison reform in Europe. Her
courage in working with women prisoners, her religious motives
and her success made her famous. She was often asked to address
meetings and was summoned to meet Queen Victorian in 1840.
The Gaols Act of 1823 took up some of her many ideas: gaolers
had to be paid, prisoners were to be separated into categories and
women had to have female gaolers and warders.

Jeremy Bentham – Jeremy Bentham’s Panopticon,

designed by the British philosopher in 1791 to serve as a place of
incarceration intended to control prisoners by making them feel
that they were under constant surveillance.

Panopticon – The concept of the design is to allow an

observer to observe (-opticon) all (pan-) inmates of an institution
without them being able to tell whether or not they are being
watched.

Bentham's ambition in life was to create a "Pannomion", a

complete utilitarian code of law. He not only proposed many legal
and social reforms, but also expounded an underlying moral
principle on which they should be based. This philosophy of
utilitarianism took for its "fundamental axiom, it is the greatest
happiness of the greatest number that is the measure of right and
wrong." Bentham claimed to have borrowed this concept from the
writings of Joseph Priestley,[16] although the closest that Priestley
in fact came to expressing it was in the form "the good and
happiness of the members, that is the majority of the members of
any state, is the great standard by which everything relating to that
state must finally be determined."

Cesare Lombroso, born 6 November 1835 – 19 October

1909) was an Italian criminologist and physician, founder of the
Italian School of Positivist Criminology. Lombroso rejected the
established Classical School, which held that crime was a
characteristic trait of human nature. Instead, using concepts drawn
from physiognomy, early eugenics, psychiatry and Social
Darwinism, Lombroso's theory of anthropological criminology
27
essentially stated that criminality was inherited, and that someone
"born criminal" could be identified by physical defects, which
confirmed a criminal as savage, or atavistic. He also believed that
punishment should fit the criminal.

28
 Chapter II

History of Corrections in the Philippine Setting

Early Legal and Penal System

 Code of Datu Sumakwel

 Code of Kalantiaw
 Maragtas Code
 Code of Datu Sikatuna

Code of Kalantiaw was a legendary legal code in the epic

story Maragtas. It is said to have been written in 1433 by Datu
Kalantiaw, a chief on the island of Negros in the Philippines. It was
actually written in 1913 by Jose E. Marco as a part of his historical
fiction Las antiguas leyendas de la Isla de Negros (Spanish, "The
Ancient Legends of the Island of Negros"), which he attributed to a
priest named Jose Maria Pavon.

Laws of the Code of Kalantiaw

Article I
You shall not kill, neither shall you steal, neither shall you do
harm to the aged, lest you incur the danger of death. All those who infringe
this order shall be condemned to death by being drowned in the river, or in
boiling water.

Article II
You shall obey. Let all your debts with the headman be met
punctually. He who does not obey shall receive for the first time one
hundred lashes. If the debt is large, he shall be condemned to thrust his
hand in boiling water thrice. For the second time, he shall be beaten to
death.

Article III
Obey you: let no one have women that are very young nor more
than he can support; nor be given to excessive lust. He who does not
comply with, obey, and observe this order shall be condemned to swim for
three hours for the first time and for the second time, to be beaten to death
with sharp thorns.

Article IV
Observe and obey; let no one disturb the quiet of the graves. When
passing by the caves and trees where they are, give respect to them. He
who does not observe this shall be killed by ants, or beaten to death with
thorns.

29
Article V
You shall obey; he who exchanges for food, let it be always done
in accordance with his word. He who does not comply, shall be beaten for
one hour, he who repeats the offense shall be exposed for one day among
ants.

Article VI
You shall be obliged to revere sights that are held in respect, such
as those of trees of recognized worth and other sights. He who fails to
comply shall pay with one month's work in gold or in honey.

Article VII
These shall be put to death; he who kills trees of venerable
appearance; who shoot arrows at night at old men and women; he who
enters the houses of the headmen without permission; he who kills a shark
or a streaked cayman.

Article VIII
Slavery for a doam (a certain period of time) shall be suffered by
those who steal away the women of the headmen; by him who keep ill-
tempered dogs that bite the headmen; by him who burns the fields of
another.

Article IX
All these shall be beaten for two days: who sing while traveling by
night; kill the Manaul; tear the documents belonging to the headmen; are
malicious liars; or who mock the dead.

Article X
It is decreed an obligation; that every mother teach secretly to her
daughters matters pertaining to lust and prepare them for womanhood; let
not men be cruel nor punish their women when they catch them in the act
of adultery. Whoever shall disobey shall be killed by being cut to pieces
and thrown to the caymans.

Article XI
These shall be burned: who by their strength or cunning have
mocked at and escaped punishment or who have killed young boys; or try
to steal away the women of the elders.

Article XII
These shall be drowned: all who interfere with their superiors, or
their owners or masters; all those who abuse themselves through their lust;
those who destroy their anitos (religious icons) by breaking them or
throwing them down.

30
Article XIII
All these shall be exposed to ants for half a day: who kill black
cats during a new moon; or steal anything from the chiefs or agorangs,
however small the object may be.

Article XIV
These shall be made slave for life: who have beautiful daughters
and deny them to the sons of chiefs, and with bad faith hide them away.

Article XV
Concerning beliefs and traditions; these shall be beaten: who eat
the diseased flesh of beasts which they hold in respect, or the herb which
they consider good, who wound or kill the young of the Manaul, or the
white monkey.

Article XVI
The fingers shall be cut-off: of all those who break anitos of wood
and clay in their alangans and temples; of those who destroy the daggers
of the catalonans(priest/priestess), or break the drinking jars of the latter.

Article XVII
These shall be killed: who profane sites where anitos are kept, and
sites where are buried the sacred things of their diwatas and headmen. He
who performs his necessities in those places shall be burned.

Article XVIII
Those who do not cause these rules to be obeyed: if they are
headmen, they shall be put to death by being stoned and crushed; and if
they are agorangs they shall be placed in rivers to be eaten by sharks and
caymans.

Recopilacion de las Leyes de India (Recompilation of

the Laws of the Indies 16th Century) – this consist of the Royal
Decrees, orders, ordinances and other additional laws, rules and
regulations issued by the King of Spain which are enforceable in
the colonies of Spain.

When the Spanish Colonizers conquered the Philippines,

the Spanish Codigo Penal was made applicable and extended to
the Philippines by Royal Decree of 1870. This was replaced with
the old Penal Code which was put in place by Spanish authorities,
and took effect in the Philippines on July 14, 1876. This law was
effective in the Philippines until the American colonization of the
Philippines. It was only on December 8, 1930, when it was
amended, under Act. No. 3815, with the enactment of the Revised
Penal Code of the Philippines (the “Revised Penal Code”).

31
Correctional Facilities in the Philippines

Old Bilibid Prisons

The first penal institution in the country was the Old

Bilibid prison in Oroquieta Street, Manila, which was established
in 1847 pursuant to Section 1708 of the Revised Administrative
Code. It was formally opened by a Royal Decree in 1865.

Its cells were constructed in a radial shape similar to the

spoke of a wheel were a central command tower is erected at the
center of the spokes for easy control and supervision of prisoners.
Each building which was made up of adobe stones were referred
to as “brigadas.” Today this historical landmark is still being used
as jail by the City of Manila.

San Ramon Prison and Penal Farm

About four years later or on August 21, 1869, the San

Ramon prison and penal farm in Zamboanga Peninsula
(Zamboanga City) was established to confine Muslim rebels and
recalcitrant political prisoners opposed to the Spanish rule. The
facility, which faces Jolo sea, has the Spanish-inspired dormitories
and originally set on a 1,524.6 hectares sprawling estate. It was
named in memory of its founder Ramon Blanco, a Spanish captain
in the Royal Army.

When the Americans took over in the 1900s, the Bureau

of Prisons was created under the Reorganization Act of 1905 (Act
No. 1407 dated November 1, 1905) as an agency under the
Department of Commerce and Police. It also paved the way for the
re-establishment of San Ramon Prison in 1907 which was
destroyed during the Spanish-American War. On January 1, 1915,
the San Ramon Prison was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from Mindanao.

Presently, its principal product is copra which is one of the

biggest sources of income of the BUCOR (formerly Bureau of
Prisons). It houses maximum, medium and minimum security
prisoners.

Iwahig Prison and Penal Farm

Before the reconstruction of San Ramon Prison, the

Americans established in 1904, the Iuhit penal settlement (now
Iwahig Prison and Penal Farm) on a vast reservation of 28,072
hectares on the order of Governor Forbes, then the incumbent
32
Secretary of Commerce and Police upon the suggestion of
Governor Luke E. Wright. It would reach an aggregate total land
area of 40,000 hectares in the late 1950s. It was located on the
westernmost part of the archipelago and far from the main town to
confine incorrigibles who the government had found little hope of
rehabilitation. The area was expanded to 41,007 hectares by virtue
of Executive Order No. 67 issued by Governor Newton Gilbert on
October 15, 1912. Lieutenant George Wolfe, a member of the U.S.
expeditionary force was the prison's first Director

Upon the passage of Reorganization Act of 1407 which

created the Bureau of Prisons under the Dept. of Commerce and
Police, the status of Iwahig Penal Colony was reversed from a
destination of maximum-security incorrigible to well behaved and
pliable prisoners. Today it is considered as one of the most open
penal institution in the world or “The Prison without Walls.” It has
four sub-colonies namely;

 Santa Lucia
 Inagawan
 Montible
 Central

It allocated 1,000 hectares which was distributed to

release inmates who no longer had any desire to return to their
original homes and instead wants to settle to Palawan. Each
released prisoner awardee is given 6-hectare farm lots as
homestead.

Correctional Institution for Women

Other penal colonies were established during the

American regime. On November 27, 1929, the Correctional
Institution for Women (CIW) was created under Act No. 3579. It
was an 18-hecvtare piece of land in what is now Mandaluyong
City. The institution is run entirely by female personnel with the
exception of the perimeter guards who are male.

The CIW was fo7unded to provide separate facilities for

women offenders and to cater to their gender difference. To date,
it is the lone women’s prison in the country.

Davao Penal Colony

Davao Penal Colony in Southern Mindanao was

established in January 21, 1932 under Act No. 3732. Retired
General Paulino Santos, the incumbent Prison Director at that time
33
led the first contingent of prisoners that opened the colony which
covers an area of about 18,000 hectares.

Presently it houses minimum and medium-security

prisoners. It has become the largest source of revenue for the
Bureau of Prisons (BUCOR) because of its biggest abaca
plantation and major banana producer through joint venture with
Tagum Development Company (TADECO).
It has two sub-colonies namely Panabo and Kapalong with
each under a penal supervisor. It has also a settlement site called
Tanglaw settlement.

Products: Banana, rice, abaca, copra, cattle and other farm

products.

New Bilibid Prison

Owing to the increasing number of committals to the Old

Bilibid Prison in Manila, the New Bilibid Prison was established
in 1935 in a southern suburb of Muntinlupa, Rizal in a 552 hectare
land. The old prison was transformed into a receiving center and
as a storage facility for farm produce coming from the colonies. It
is presently abandoned and under the jurisdiction of the Public
Estates Authority.

It houses maximum, medium and minimum-security

prisoners and has three satellite prisons namely;

 Camp Bukang Liwayway – minimum security

 Camp Sampaguita – Medium Security
 Reception and Diagnostic Center

The Reception and Diagnostic Center receives newly

committed prisoners coming mainly from jails nationwide except
those committed by courts within the jurisdiction of Zamboanga
provinces, Basilan, Sulu and Tawi-Tawi since prisoners from these
areas are brought to San Ramon Prison and penal Farm which has
its own RDC and also the CIW has its own RDC.

Sabalayan Prison and Penal Farm

After the American regime, two more penal institutions

were established. These were Sablayan Prison and penal farm in
Occidental Mindoro under Proclamation No. 72 issued on
September 27, 1954. The penal colony is designed for minimum-
security prisoners. The principal activity of prisoners is

34
 agricultural and rice is its main product which also supplies rice
needs of NBP.

Product: Rice is the main product.

Leyte Regional Prison

Leyte Regional Prison under Proclamation No. 1101

issued on January 16, 1973 in Abuyog, Leyte.

National Training School for Boys and Marillac Hills

The National Training School for Boys is presently

located at Barangay Sampaloc, Tanay Rizal which houses male
juvenile offenders and the Marillac Hills (National Training
School for Girls at Alabang, Muntinlupa City for female juvenile
offenders. They provide CICL with therapy, counseling, non-
formal education and vocational skills training.

Provincial Jail System

The Provincial Jail System was first established in 1910 under the
American Regime. Every provinces of the country are mandated by the
American colonizers to establish their own provincial jails under their own
supervision and control.

BJMP

The Bureau of Jail Management and Penology was created

pursuant to Republic Act 6975 signed on December 13, 1990 and became
jnown as the DILG Act of 1990.

35
 Chapter 3

Approaches in Correction

 INSTITUTIONALIZED CORRECTION - The rehabilitation of

offenders in jail or prison.

 COMMUNITY BASED CORRECTION - Refers to

correctional activities that may take place within the community.

 THERAPEUTIC APPROACH - Those measures undertaken

through modalities of reformation similar to a drug rehabilitation
process.

BUREAU OF CORRECTIONS

The Bureau of Corrections, formerly known as the Bureau of

Prisons, was created under the Reorganization Act. No 1407 dated 1
November 1905. The Prison Law which is its underlying formal and legal
support is found in sections 1705 to 1751 of the Revised Administrative
Code of the Philippines.

The Bureau of Corrections (BuCor) is an agency under the

Department of Justice tasked to effectively safe-keep and rehabilitate
national prisoners ― those sentence to three years and one day and above.
It is composed of seven (7) operating institutions strategically located all
over the country to accept national prisoners from the nearest region.

Eventually the Bureau of Prisons was created under the

Reorganization Act of 1905, effective 1 November 1905, under the
Department of Commerce & Police and was then transferred to the
Department of Public Instruction. The prison law, which was enacted
pursuant to the provisions of Sec. 1705-1751 of the Administrative Code
of 1917, finally placed the Bureau of Prisons under the Department of
Justice.

To emphasize the new trend modern penology the Bureau of

Prisons was renamed the Bureau of Corrections pursuant to Executive
Order No. 292 dated 22 November 1989.

The correctional system in the Philippines is composed of six agencies

under three distinct and separate executive departments of the national
government, namely;

36
  The Department of Justice – under this are the Bureau of
Correction, Parole and Probation Administration, and the Board of
Pardons and Parole.
 The Department of Interior and Local Government – under this is
the Bureau of Jail Management and Penology, which runs the city,
municipal and district jails; and the Provincial Jails under their
respective Provincial Government.
 The Department of Social Welfare and Development – under this
is the child’s program bureau which oversees youth rehabilitation
centers.

Mandate and Functions

The BUREAU OF CORRECTIONS is an agency under the

Department of Justice that is charged with custody and rehabilitation of
national offenders, that is, those sentenced to serve a term of imprisonment
of more than three (3) years.

To carry out its mandate, the Bureau undertakes the following:

 Confine persons convicted by the courts to serve a sentence in

national prisons.
 Keep prisoners from committing crimes while in custody.
 Provide humane treatment by supplying the inmates' basic needs
and implementing a variety of rehabilitation programs designed
to change their pattern of criminal or anti-social behavior.
 Engage in agro-industrial projects for the purpose of developing
prison lands and resources into productive bases or profit
centers, developing and employing inmate manpower skills and
labor, providing prisoners with a source of income and
augmenting the Bureau's yearly appropriations.

ORGANIZATION

Headed by a Director, the BuCor has an authorized strength of

2,362 employees, 61% of whom are custodial officers, 33% are
administrative personnel and 6% are members of the medical staff.

The agency has seven (7) operating units located nationwide, namely:

1. The New Bilibid Prison in Muntinlupa City;

37
 2. The Correctional Institution for Women (CIW) in Mandaluyong
City;

3. Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan;

4. Sablayan Prison and Penal Farm in Occidental Mindoro;

5. San Ramon Prison and Penal Farm in Zamboanga City;

6. Leyte Regional Prison in Abuyog, Leyte; and

7. Davao Prison and Penal Farm in Panabo, Davao Province.

Offices under the Department of Justice tasked to carry out the

mission of corrections

 Bureau of Corrections – rehabilitation of national prisoners so

they can become useful members of society upon completion of
their service of sentence.

o National prisoner – sentence is more than 3 years

imprisonment or fine more than 5 thousand pesos, or
regardless of the length of sentence, to one sentenced for
violation of custom law or other laws under the
jurisdiction of the Bureau of Customs or enforceable by it,
or for violation of immigration and election laws; or to
one sentenced to serve two or more sentences the total of
which exceeds three years.

 Board of Pardons and Parole – recommends to the President the

prisoners who are qualified for parole, pardon or other forms of
executive clemency.

 Parole and Probation Administration – exercises general

supervision over all parolees and probationers and promotes the
correction and rehabilitation of offenders outside the prison
institution.

General Classification of Prisoners

1. Detention Prisoners – those detained for investigation,

preliminary hearing, or awaiting trial. A detainee in a lock up jail.
They are prisoners under the jurisdiction of Courts.

38
 2. Sentenced Prisoners – offenders who are committed to the jail
or prison in order to serve their sentence after final conviction by a
competent court. They are prisoners under the jurisdiction of penal
institutions.

3. Prisoners who are on Safekeeping – includes non-criminal

offenders who are detained in order to protect the community
against their harmful behavior. Ex. Mentally deranged individuals,
insane person.

Classification of Sentenced Prisoners

 National prisoners – are also referred to under the law as Insular

prisoners. They are those whose sentence is more than three years
of imprisonment and are sent to BUCOR.

 Provincial prisoners – those sentenced to six months and one day

up to three years of imprisonment and sent to serve in the
provincial jails having jurisdiction of their sentence.

 Municipal prisoners – offenders whose sentence are one day to six

months and will serve at the jail of the municipality where the
offender is convicted.

 City prisoners – those convicted in city courts whose sentence is

one day to 3 years and will have to serve sentence to city jails.
Hence city jails are combination of municipal and provincial jails.

Classification of Prisoners as to Security risk

1. Super Maximum Security

A small portion of any prison institution population consist of

incorrigibles, recidivist, escape artist and chronic trouble makers. This
category of prisoners should be confined in a unit or institution separate
from the general inmate’s population.

The number does not constitute 10% of the whole population. Is it

small so as not to justify their confinement in a separate prison? Ideally
they should be confined in a super maximum type of prison. Like
Alcatraz were escape is quite impossible. Is it practical therefore to build a
super security facility unit within a maximum prison for the incorrigible
and trouble makers?

39
2. Maximum Security

This shall include highly dangerous or high security risk inmates

as determine by the classification board who require a high degree of
control and supervision. Under this category are:

a. Those sentence to death

b. Those whose minimum sentence is twenty years imprisonment

c. Remand inmates or detainees whose sentence is twenty years

and above and those whose sentences are under review by the
Supreme Court or court of appeal.

d. Those with pending cases

e. Recidivist, habitual delinquents, and escapees

f. Those confine at the RDC.

g. Those under disciplinary punishment or safekeeping and

h. Those who are criminally insane or those with severe

personality or emotional disorders that make them dangerous to
fellow inmates or the prisons staffs.

3. Medium Security

This shall include those who cannot be trusted in less secured

areas and those whose conduct or behavior require minimum supervision.
Under this category are;

a. Those whose minimum sentence is less than twenty (20) years

imprisonment.

b. Remand inmates or detainees whose sentences are below twenty

(20) years.

c. Those who are 18 years of age and below, regardless of the case
and his sentence.

d. Those who have two or more records of escapes. They can be

classified as medium security inmates if they have serve eight
years since they were recommitted. Those with one record of
escape must serve five years.

40
 e. First offender sentenced to life imprisonment. They may be
classified as medium security if they have serve five years in a
maximum security prison or less upon recommendation of the
superintendent.

4. Minimum Security

This shall include those who cannot be reasonably trusted to serve

their sentences under less restricted conditions. Under this category are;

a. Those with severe physical handicap as certified by the chief

medical officer.

b. Those who are 65 years old and above with pending case and
whose convictions are not on appeal.

c. Those who have serve one-half of their minimum sentence or

one-third of their maximum sentence excluding their GCTA.

d. Those that have only six months more to serve before the
expiration of their sentence.

Types of Correctional Facilities

 Prison- a place of confinement for offenders which have been

sentenced by final judgment of a crime with a penalty more than 3
years.

 Jail- place of confinement for offenders which have been on

detention, under investigation or while the case is pending in court
or those sentenced with less than 3 years of penalty.

 Boot camps- modelled after military techniques, participants

engage in a military training and exercise.

 Penal Colony- a settlement for exiled prisoners and separate from

the general populace; used for penal labor.

 Death row- a section in prison that houses offenders waiting for

their execution.

 Youth homes/ rehabilitation center- a secure residential facility for

young people waiting for trial; social workers act as house parents.

41
Types of Penal Institution According to Degree of Security

1. Maximum security Institution

This type of institutions is usually enclosed by thick wall

enclosures, 18-25 feet high. On top of the walls are catwalks, along which
the guards patrol at night. At corner and the strategic places are tower
posts man armed by heavily armed guards.

The housing units within the walls are of the interior cell block
types. Inmates confined in this type of institution are not allowed to work
outside the institutions but are assigned to industrial shop within the prison
compound.

2. Medium security institution

This type of institution is usually enclosed by two layers of wire

fence. The inner fence is 12 feet to 14 high with curb and the outer fence is
8 to 12 feet high. Usually the top portion of the fence is provided with
barbed wire.

The perimeter fence requires a minimum number of personnel to

guard it. The housing units consist of outer single cells, honor rooms, and
dormitories. The inmates maybe allowed to work outside the fence under
guard escorts.

3. Minimum security institution

This type of institution is usually without a fence and if there is

one, its purpose is to keep away civilian population from the entering
institution rather than preventing escapes.

There are no bars or keys to dormitories nor armed guards with in

the institutions. The housing units are composed of dormitories requiring
or no little supervision by correctional workers.

Color of uniform as to security Classification

a.. Maximum security – Tangerine

b.. Medium security – Blue

c.. Minimum security – Brown

d.. Detainee – Gray

42
Classification of Inmates according to Grade or Privilege

1. Detainee
2. Third Class Inmate- one who has been previously committed for
three or more times as a sentenced inmate
3. Second Class- a newly arrived inmate;
4. First Class- one whose character and credit for work is known;
5. Colonist - A first class inmate and has served one year
immediately preceding the completion of the following
qualifications:

 Has served one fifths of the maximum sentence

 Or in case of life sentence seven years

Benefits of a Colonist

 Credit of additional 5 days for each month pursuant to Art. 97 of

the RC

 Automatic reduction of life sentence to 30 years

 To have his wife and children or the woman he desires to marry to

live with him

 Issuance of clothing and household supply

 To wear civilian clothes

Inmates who are spouses may serve their sentence

together as colonist. The Superintendent may revoke colonist
status for cause with the concurrence of the Director of BUCOR.

Carpeta vs. Prison Record

1. Carpeta- the institutional record of an inmate

 Mittimus/ commitment order

 Information

 Decision of the trial court (judgment)

2. Prison Record- this refers to the information regarding

 inmate’s personal circumstances,

43
  the offense he committed

 the sentence imposed

 Case number, date of commencement

 Date received for confinement, date of expiration

 Previous cases etc.

Requirements for Admission and Confinement

1. Mittimus order

2. Decision

3. Information

4. Certificate of detention from jail

5. Certificate of pending or no pending cases

6. Certificate of appeal or non-appeal

7. Detainees manifestation (RA 6127)

8. Medical certificate

Courts and entities authorized to commit a person to prisons and jails

1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Metropolitan/Municipal Trial Court
5. Municipal Circuit Trial Courts
6. Board of Transportation
7. Deportation Board
8. Commission on Elections
9. National Prosecution Service
10. Police Authorities
11. All other administrative bodies as may be authorized by law.

44
 Chapter 4

Admission of Inmates in BUCOR

Admission Procedures

1. Receiving;

2. Checking commitment papers;

3. Establishing identity of the prisoner;

4. Searching the prisoner;

5. Assignment to quarters

Convicts committed to the BUCOR for confinement are brought

for admission at the Reception and Diagnostic Center (RDC). This is a
special unit of prison where new prisoners undergo diagnostic
examination, study and observation for determining the program of
treatment and training best suited to their needs and the institution to
which they should be transferred. RDC’s STAFF are;

 PSYCHIATRISTS

 PSYCHOLOGISTS

 SOCIOLOGISTS

 EDUCATIONAL COUNSELOR

 VOCATIONAL COUNSELOR

 CHAPLAIN

 MEDICAL OFFICER

 CUSTODIAL CORRECTIONAL

RDC at the New Bilibid Prison shall receive prisoners coming

from all over the country except those sentenced by courts having
jurisdiction for the provinces of Zamboanga del Norte, Zamboanga del
Sur, Basilan, Sulu, and Tawi-Tawi since they will brought to San Ramon
Prison and Penal Farm which has its own RDC. Correctional Institute for
Women has also its own RDC.

45
 Inmates accepted by the RDC will be studied and classified for the
formulation of an individualized treatment program designed to achieve
the most successful rehabilitation.

Upon admission, the inmate or detainee will be put in quarantine

in a designated cell at the RDC for a minimum of 5 days where the
prisoners are given thorough physical examination including blood test, x-
rays, inoculation and vaccination. The purpose of which is;

 to insure that the new prisoner is not suffering from any

contagious disease which might be transferred to other
prisoners.

 Interview with a social worker

 Orientation with prison rules

After quarantine, the inmate shall stay at the RDC for 55 days to undergo;

 Psychological exam

 Psychiatric exam

 Sociological exam

 Vocational exam

 Educational exam

 Religious exam

 IQ test

After this he shall then be assigned to any of the prison facilities of

the BUCOR. Inmate shall be photographed, fingerprinted, assigned
prisoner number, regulation haircut and beard and moustache shall be
shaven. A thorough search shall be made i.e., Strip search, intensive
search, booty check to check for contraband. Properties/ articles are
confiscated with receipt and inmates with medicines/ drugs shall be
allowed to bring it in upon the recommendation of the prison doctor.

An inmate is issued: (depending on availability)

 2 regulation uniforms , 2 t-shirts , 1 pair of slippers

 Blanket, Mat, Pillow w/ case

46
  Mosquito net, 1 set mess kit

He may bring his own clothes & other possessions that will not
compromise safety. Electronic equipment may be allowed on condition
that it will be shared with others. Unauthorized items: under custody of
guard & receipted to be returned upon release of the inmate. No
jewelleries or luxurious item is allowed.

Diversification vs. Classification

Diversification is an administrative device of correctional

institutions of providing varied and flexible types of physical plants for the
effective control of the treatment programs of its diversified population.

Diversification may be done either:

 By a building special institution for different classed of

prisoners which is more desirable since it provides proper
segregation of groups and more effective execution of the
treatment program, or

 Providing separate facilities within a single institution

itself, that is, big institution may be broken into smaller
units.

Classification is a method by which diagnosis, treatment planning,

and execution of treatment programs are coordinated in the individual
case. It refers to the best program to be adopted for the rehabilitation of
inmates according to their needs and existing resource.

The Classification Board

 Chairman – Penal Superintendent

 V-Chairman – Chief, RDC

 Member – Medical Officer

 Member – Chief, Education Section

 Member – Agro-Industries Section

 Member – Chief Overseer

47
Rights of Inmates

1. To receive compensation for labor he performed

Work programs shall be conducted in prison to promote

good work habits and self-esteem among inmates and not as a
means to exploit cheap labor as punishment for deviant behaviour.

A detainee may not be required to work for some

legitimate reasons whatsoever, but he has to remain to his cell and
do other work as may be necessary for the cleanliness and
orderliness of his surroundings. However, a detainee, except
recidivist, may agree in writing to abide by the same regimen
imposed on sentenced inmates in exchange for earning full time
credit for his detention period. Otherwise, the Superintendent shall
issue a certification under oath that the detainee was informed of
his rights to be credited for his detention period to his sentence
and that inmate refused, in which case, only 4/5 of the detention
period will be credited to his sentence.

Inmates over 60 years old may be excused from

mandatory prison labor. Maximum-security inmates shall not be
allowed to work outside the maximum-security compound. Only
medium and minimum-security inmates can be allowed to work in
agricultural field projects within the prison reservation.

One-half of the inmate’s earnings may be used to buy his

needs while the remainder shall be withheld and paid to him upon
release.

2. Good Conduct Time Allowance

GCTA is the statutory reduction of a prisoner’s sentence

for good behaviour during confinement under article 97 of the
Revised Penal Code. This is granted by the Director of Corrections
and is automatically applied to all prisoners as long as he does not
commit violations of prison rules and regulations. It is a kind of
right that can only be denied if the prisoner breaks the rules and
only after due process is observed.

 GCTA deduction estimates:

1st 2 yrs – 5 days for each month of good behavior

48
 3rd – 5th yrs – 8 days for each month of good behavior

6th – 10 yrs – 10 days for each month of good behavior

11th yr & onwards – 15 days for each month of good

behavior

GCTA is also available to detainee who agreed to abide

with regimen similar to sentenced prisoners and not available to
inmate whose sentence is life imprisonment and on appeal. It
cannot be revoked without just cause. Once revoked, it may be
restored at the discretion of the Director of Corrections upon
recommendation of the Superintendent.

In addition to GCTA, a prisoner may also may also be

entitled to another five days per month deduction from the
sentence he has to serve when he has been classified as a trusty or
penal colonist as provided under Act no. 2489 known as the
Industrial Good Time Law.

Under Art. 98 & 158 of RPC, a special time allowance

(STA) is also given to inmate who surrendered to authorities
within 48 hrs after passing of calamity: (1) conflagration, (2)
earthquake, (3) explosion, (4) similar catastrophes, (5) mutiny not
participated by inmates which entitles him to a deduction of 1/5 of
his sentence. This may be granted by the Director of Corrections.

3. To send and receive correspondence

Inmates have the right to communication with persons and

organization from the outside, send and receive letters, packages,
books, periodicals and other materials that can be lawfully sent
through the mail. However, they are subject to censorship to
prevent the entry of contraband and the entry or exit of
information inimical to the security of the prison facility.

Mail privileges cannot be suspended even when the

inmate is under disciplinary punishment unless his misconduct
involves serious violation of mail regulations. Inmates who
demonstrate good behaviour shall be entitled to a 5-minute phone
call to an authorized individual every 90 days. The call must be
monitored and the caller shall properly identify himself as an
inmate.

49
4. To practice his faith or religion

The inmate shall be allowed to exercise his freedom of

religion even while incarcerated. No prison personnel or other
inmates shall proselytize an inmate without the latter’s consent.
Prison personnel and their immediate family members are
prohibited to act as sponsor or actively participate in any religious
rite or activity involving an inmate or his immediate family
members.

The veil of confessional secrecy is observed even in

prison. Communications between an inmate and the chaplain,
priest, minister or pastor either as formal act of religion or as a
matter of conscience shall be treated as privileged communication
and shall not be required for disclosure.

Inmates have the right to contract marriage, as long as

there is no legal impediment, unless such marriage poses a threat
to prison security or good order or for the protection of the public.

5. To receive authorized visitors on designated time and place.

An inmate shall have the right to be visited by family and

reputable friends. The inmate shall make a list of persons who may
visit him or her upon arrival at the facility. The authorized visitors
are parents, stepparents, foster parents, brothers, sisters, spouse
and children. Other visitors may also be included in the list if, after
investigation, contact with these visitors will be beneficial to the
inmate’s confinement. Visiting hours are from 9 am to 3pm from
Sundays to Thursdays.

Conjugal visits from spouse may be granted under

conditions prescribed by the Director of Corrections where
facilities are available. Legal counsel on record may visit the
inmate at reasonable hours of the day or night.

6. To air grievances through the proper channels.

Every prison facility shall have an Inmate Complaints,

Information and Assistance Center directly under the Office of the
Superintendent. This center shall act on all written complaints not
palpably frivolous as well as request for information and

50
 assistance from inmates. Action should be taken within 72 hours
from receipt of written request.

Inmate Council shall be set up in every prison facility,

which shall act as advisory body to the Superintendent. It shall be
composed of finally convicted inmates. The Inmate Council shall
be bring to the attention of the Superintendent or his representative
issues and matters affecting the prison population. Its members are
not entitled to special privileges and shall not have any authority
over other inmates nor shall they participate in the imposition of
disciplinary measures or otherwise interfere with prison
admission.

7. To receive death benefits and pecuniary aid for injuries.

Inmates who are killed, injured or disabled while

preventing riots, jailbreaks or performing duties required in any
prison industry and not due to negligence shal be entitled to
pecuniary aid.

Prohibited Acts Subject to Disciplinary Action

1. Participation in illegal sexual acts,

2. Public display of pornographic materials,

3. Obscene language,

4. Displaying any behavior which might lead to disorder or violence,

5. Possession of articles posing a threat to prison security,

6. Maligning or insulting any religious belief or group,

7. Giving gifts,

8. Selling or engaging in barter with anybody,

9. Gambling,

10. Loitering, rendering personal services to or requiring personal

services from fellow inmates,

11. Disobeying lawful orders of prison authorities,

12. Threatening anybody either in verbal or written form,

51
 13. of any communication devices,

14. Tattooing himself,

15. Engaging in business or profession from within,

16. Possession of any communication device such as cell phone, pager

or transceiver

The Director of BUCOR shall establish a Board of Discipline in

every prison facility to be presided by the Assistant Superintendent of the
facility to hear cases involving inmates who violated prison rules.

The procedures for handling disciplinary cases are as follows:

1. A written complaint shall be filed with the superintendent

by the aggrieved inmate or by any inmate or prison
personnel having personal knowledge of the incident. The
complainant shall sign the complaint and shall describe
the violation and names of possible witnesses.
2. Superintendent conducts initial investigation and if the
complaint is found to have bases, shall endorse the case to
the Board of Discipline for hearing;
3. The Board of Discipline shall decide on the case within 5
working days after the termination of hearings;
4. The hearing is summary in nature and not bound by
technical rules of evidence;
5. The inmate charged shall be allowed to present evidence
in the hearing; and
6. Decision of the Board of Discipline is subject to review
and approval by the Superintendent whose decision is
final.

The Board of discipline is authorized to impose the following

disciplinary measures against erring inmate:

1. Caution or reprimand;

2. Cancellation of privileges: recreation, education, entertainment &

visitation;

3. Deprivation of GCTA for a specific period; and

4. Change of security classification from medium to maximum or

minimum to medium.

52
 If the above disciplinary measures prove ineffective, an obstinate
inmate may be confined in a disciplinary cell from 1-2 months depending
on the gravity of the offense. But this punishment can only be imposed if
the prison medical officer, after examination, certifies that the inmate is fit
to undergo said punishment or will not adversely affect the inmate’s
physical or mental health.

The Superintendent may lessen or suspend the punishment

imposed by the Board of Discipline if the inmate’s conduct justifies it and
this is the inmate’s first time that he or she is subjected disciplinary
measure.

Instrument of restraint such as handcuffs and strait jackets shall

not be used as punishment except to prevent an escape during an inmate’s
transfer or movements or to prevent an inmate from harming himself or
others from destroying property.

An infant born to an inmate mother may be allowed to stay with

the mother for not more than one year, after which, if the mother fails to
place the child in a home of her own, the Superintendent shall make
arrangements with the DSWD or any other social welfare agency for the
infant’s care.

An inmate who needs medical treatment or examination not

available at the prison hospital may request outside medical facility for the
needed examination, treatment or hospitalization. The expenses, however,
shall be borne by the inmate. In the case of an NBP or CIW inmate, the
Director of Corrections shall forward the request to the Secretary of Justice
who is the authority to approve the request. Unless absolutely necessary,
referrals should be to a government facility. Private medical facilities will
be allowed only when no government facility is practicably available.

Protection of Inmates from Institutional Abuse

1. Cruel, unusual or degrading act as punishment

2. Corporal punishment

3. Use of Physical force

4. Deprivation of clothing, bed and bedding, light, ventilation

exercise, food, hygienic facilities

5. Forced labor
53
 Chapter 5

The Bureau of Jail Management and Penology

Another agency tasked under the Correction pillar to supervise

sentenced municipal and city prisoners as well as detainees awaiting trial,
undergoing trial or awaiting court decisions is the BJMP. It was created by
virtue of Republic Act 6975. The Jail Bureau shall exercise supervision
and control over all city and municipal jails as well as district jails

Reception Procedure

1. The jail desk officer shall carefully check the credentials of the
person bringing in the inmate to determine his/their identity and
authority.
2. He shall examine carefully the arrest report and the authenticity of
the commitment order or mittimus in due form to determine
whether the inmate has been committed under legal authority as
provided by section 3, rule xii, Rules of Court.
3. The admitting officer or jailer shall search carefully the inmate for
weapons and other contraband;
4. The admitting officer or jailer shall take all cash and other
personal property from the inmate or detainee, list them down on a
receipt from in duplicate, duly signed by him and countersigned
by the offender. To preclude any possibilities or allegations of
graft, these should be prepared in quintuplet and furnished the
Central Office, the Regional Office, Provincial Administrator’s
Office, the Jail and a copy of the inmate.
5. All cash and other valuables of the prisoner must be turned over to
the Trust Officer or Property Custodian for safekeeping covered
by official receipts.
6. The inmate shall then be fingerprinted and his photograph taken;
7. The admitting officer or jail officer shall accomplish a jail booking
report in four copies, attaching thereto the photograph of the
inmate to be distributed as follows:
a. BJMP central office
b. Regional Office
c. Provincial Administrator’s Office
d. Jail File
8. The newly admitted inmate shall be thoroughly strip-searched
followed by a careful examination of his clothing for contraband.

54
9. The Jail Physician or the Local Health Officer shall immediately
conduct a thorough medical examination of the offender;
10. When it is not possible for the jail physician to be in attendance
during the admission of the inmate, the receiving officer shall
observe the mental alertness, over all appearance and any physical
abnormalities or appearance of rashes or scratches or other
identifying marks of the individual and note them down on the
inmate’s jail booking report.
11. A medical record shall be accomplished by the jail physician or
local health officer showing the condition of the inmate or
detainee at the time of admission.
12. A social case study shall be made by a social worker as a basis for
the inmate’s classification and proper segregation;
13. As soon as possible, the offender should be oriented on the jail
rules and regulations;
14. The Warden shall establish and maintain a prison record of all
inmates i.e.;
a. Inmate’s name and alias
b. Weight and height
c. Body marks or tattoos
d. Nationality
e. Previous occupation
f. Prior criminal convictions
g. Previous place of residence
h. Crime for which he was convicted
i. Sentencing court
j. His sentence and commencing date
k. Institutional behavior and conduct
l. Date received for confinement
15. Upon completion of the reception procedure, the inmate shall be
assigned to his quarters;
16. If available, the inmate should be issued all the materials that he
will be using during his confinement;
17. Detainee is presumed innocent and shall be treated as such. If
possible, he shall be segregated from convicted prisoners.
18. If the detainee agrees to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be asked to manifest
his “agreement” in writing. Otherwise, the Warden shall issue a
“certification” under oath to the effect that the detainee was
apprised of the provisions of article 29 of the revised penal code.

55
 19. A detainee who signs an “agreement” shall be treated as a
sentenced prisoner insofar as work and discipline are concerned.
20. A detainee who is covered by “certification” shall not be required
to work but he may be made to polish his cell and perform such
other work that is necessary for hygienic or sanitary reasons.
21. The Warden shall submit the “agreement” or “certification”, as the
case may be, to the proper court before the date set for the
arraignment of the detainee and the same shall from part of the
records of the case.
22. Full credit for the preventive imprisonment shall commence from
the date of the “agreement”.

Classification Board

The Classification Board shall be tasked with the gathering and

collating of information and other data of every inmate into a case study to
determine work assignment, the type of supervision and degree of custody
and restriction under which an offender must live in jail.

Chairman - Assistant Warden

Member - Chief, Security Officer

Member - Medical Officer/Public Health Officer

Member - Jail Chaplain

Member - Social Worker/Rehabilitation Officer

Disciplinary Board

A Disciplinary Board shall be organized and maintained by jails

for the purpose of hearing disciplinary cases involving offender who
violates jail rules and regulations.

Chairman - Assistant Warden

Member - Chief, Security Officer

Member - Medical Officer/Public Health Officer

Member - Social Worker/Rehabilitation Officer

If the above composition is not feasible because of personnel

limitations, the Station/Sub-station Commander or the Warden shall

56
perform the functions of the Board as Summary hearing Officer. The
Board is tasked to investigate the facts of the alleged misconduct referred
to it by the Warden. All cases referred to it shall be heard and decided
within 48 hours from the date of receipt of the case. It is authorized to
impose any of the following disciplinary punishment;

1. Reprimand;
2. Temporary or permanent cancellation of some or all recreational
privileges;
3. Cancellation of visiting privileges;
4. Extra-fatigue duty; and
5. Close confinement in a cell, which shall not exceed 7 days in any
calendar month, provided that this punishment shall be imposed
only in the case of incorrigible prisoner, when other disciplinary
measures had been proven ineffective.

Procedure in hearing Disciplinary Cases

1. The aggrieved offender shall inform any member of the custodial

force of the violation; the latter in turn, officially report the matter
to the Desk officer. If one of the jail employees knows the
violation committed by the offender, a brief description of the
circumstances surrounding or leading to the reported violation and
all facts relative o the case shall be made.
2. The Desk Officer shall simultaneously inform the Warden and
shall immediately cause the investigation. He shall submit to the
Warden his report together with his recommendation.
3. The Warden shall evaluate the report and if he believes that there
is no sufficient evidence to support the alleged violation, he shall
dismiss the case. If he believes there exist sufficient evidence, he
shall decide the case and impose the necessary penalty in case of
minor violations. If the case is less grave or grave, he shall endorse
it to the Board for hearing or decide it himself as Summary
Disciplinary Officer.
4. The offender shall be confronted to the reported violation and be
asked how he pleads to the charge. If he admits the violation or
pleads guilty, the Board shall impose the corresponding
punishment.
5. If the offender denies the charge, the hearing shall commence
with the presentation of evidence and other witness by the Desk
officer. The offender shall then be given the opportunity to defend

57
 himself by his testimony and those of his witnesses to prove his
innocence.
6. After the hearing, the Board shall decide the case on the merits;
7. Whether the offender is found guilty or not, he should be advised
to obey the rules and regulations strictly and be reminded that the
good behavior is indispensable for his early release and/or
granting of privileges.
8. Decisions of the Board/Summary Disciplinary Officer is subject to
the review and approval by the Warden and other higher authority.

Treatment of Special Needs of Unusual Offenders

1. Female
a. The women’s quarters should be fully separated from
men’s quarter;
b. All handling and supervision of female
offenders/detainees must be done by female jail staff;
c. No male offender shall be allowed to enter the women’s
quarter; and
d. Only work suitable to their age and physical conditions
should be assigned to female offenders.

2. Drug addicts
a. They should be segregated especially during withdrawal
period;
b. Close supervision to prevent attempts of suicide;
c. No sedatives or stimulants shall be prescribed or
administered except by a physician;
d. Strict compliance to jail physician’s advice regarding diet
and other treatment measures;
e. Prompt search of his quarters.

3. Alcoholics
a. Separate from other offenders and maintain close
supervision to prevent suicide attempts;
b. Abnormal behavior should be reported to the jail
physician;
c. Close supervision to guard against smuggling of liquor.

4. Mentally-ill
a. Should be under close supervision of a physician;

58
 b. Should be placed in individual cells and special restraint
rooms for violent cases;
c. Close supervision to guard against suicide attempts or
violent attacks;
d. Transferred to mental institution for proper psychiatric
treatment.

5. Sex Deviants
a. Homosexuals should be segregated immediately to
prevent them from influencing other offenders to
abnormal behavior and;
b. Other sex deviants, likewise, should be separated from
other inmates fro closer supervision and control.

6. Escape-prone
a. Should be held in the most secured quarters, preferably in
single cells;
b. Closely supervised and observed during and after visiting
hours;
c. Quarters should be searched frequently and subject to
frequent strip-searches;
d. Telephone calls should be restricted and allowed only if
monitored on an extension.

7. Suicide-risk
a. Should be given close and constant supervision;
b. Subjected to frequent searches.

8. Handicapped, Aged and Infirm

a. Housed separately and closely supervised to protect them
from maltreatment and abuse by other offenders;
b. Should be require to work according to their physical
capabilities.

9. Child in Conflict with the Law

a. Immediately after apprehension and booking, arresting
officer shall take them to the city or municipal health
officer for thorough physical and mental examination;
b. If unable to furnish bail, shall be committed to the care of
DSWD or local rehabilitation center;

59
 c. A detention home in the province or city shall be
responsible fro his appearance in court whenever required.
Provided, that in the absence of any such center or agency,
the city or municipal jail shall provide quarters for CICL.
d. Whenever it is for the best interest of the community and
the effective rehabilitation of the child considering the
age, immaturity and gravity of the offense, situation of the
offender and other circumstances, the BJMP in
coordination with DSWD and the prosecutor’s office may
recommend to the court the release of the child on
recognizance to the custody of his parents or other suitable
person who shall be responsible for his appearance
whenever required.

10. Alien offenders

a. The shall notify the Bureau of Immigration of the receipt
of the alien prisoner stating his name, nationality, offense
committed and the court imposing the sentence.

60
 Chapter 6

Custody, Security and Control, Emergency/Contingency Plans:

Movements and Transfer of Prisoners and Detainees

Security and Control

1. Maintain strict control of firearms

2. Maintain 24-hour supervision of inmates
3. Maintain system of key control
4. Secure firearms and anti-riot equipment in the armory
5. Supervise the proper use of tools and other potentially dangerous
article
6. Conduct regular head counts of inmates
7. Conduct frequent surprise searches of inmates
8. Conduct frequent inspections of security facilities
9. Guard against escape, assault on jail personnel and offender’s
disturbances
10. Develop plans dealing with emergencies like escape, fire, assault
and riot
11. Never allow jail guard to open the offender’s quarters alone
12. Select carefully the offenders to be assigned as orderly or aide and
maintain rigid control over their activities.

Duties and Responsibilities of Custodial Force

1. Supervise and maintain order and discipline of inmates

2. Censor inmate’s mail
3. Inspect security devices
4. Maintain perimeter and internal security
5. Escort inmates to court and other places as may be required
6. Insure custody and safety of inmates
7. Escort visitors with in the jail premise
8. Report any infringement and violations of inmates
9. Inform the warden of any emergency case
10. Keep and maintain records of inmates
11. Perform such other duties as may be assigned by competent
authority

General Procedures in Feeding Inmates

1. All mess should be placed in plastic

2. A line of two columns should be observed
61
 3. No utensils shall be brought from the kitchen
4. Account all utensils properly

General Procedures of Head Counts

1. Each inmate is counted physically at specified times

2. During the count, all movement of inmates shall cease until the
count is finished
3. The count must be accurate
4. Count report shall be immediately reported to the warden
5. If there is accuracy or somebody missing during the count, it shall
be reported

Procedure in Censoring Mails

1. Mails shall be secured until censored

2. Mails shall be opened only by authorized and expert personnel
3. Letters containing currency, checks and other important matters
should be submitted to the property custodian for proper safe
keeping
4. All greeting cards shall be carefully examined
5. Photographs clearly within jail regulation shall be marked and
placed back in the envelope
6. Any items or correspondence, which shall not accrue with the jail
regulation, shall be brought at the attention of the warden
7. Mails with prison slang, unusual nicknames and sentences with
double meaning should be carefully analyzed
8. All letters containing matters on security of the jail shall be
forwarded to the warden
9. All letters passed by the board of censors shall bear their stamp
10. A listing of mail for inmates shall be posted in a conspicuous place
11. Within 24 hours and the letter is not claimed, it should be
delivered to the inmate concerned
12. Contents of inmates letters should not be discussed with other jail
personnel except for official purpose; and
13. All outgoing letters shall passed the normal jail facility and subject
to censorship

Plan in Case of Fire and Conflagration

1. Fire crew among jail personnel and selected inmates shall be

made.

62
 2. Inmates who are selected as member of the crew shall be housed
in a close proximity
3. At the sight of fire, an alarm should be sounded
4. All keys should be immediately distributed to personnel concerned
5. All inmates in affected areas should be required to help in putting
out the fire
6. Fire crew shall immediately respond to the fire scene
7. Conduct immediate evacuation of all affected equipment and
inmates
8. Evacuation should be in orderly manner
9. When the all-clear alarm is sounded, first aid shall be immediately
administered
10. All evacuated inmates shall be returned to the facility if it is still
intact
11. Thorough investigation relative to the fire shall be immediately
conducted

Plans for Riots and Violent Disturbances

1. At the sound of the first pre-arrange alarm, all inmates should be

brought inside their respective cells.

2. If the disturbances occur during visiting period, all visitors should

be ushered out from the visiting premise for safety.

3. Simultaneously, all members of the security force shall be

deployed.

4. The control center shall take into consideration the readiness of all
communication lines.

5. The desk officers or the armors should make an immediate

preparation for the insurance of necessary riot equipment and
firearms.

6. The officer in command may cause the division of the available

force into three groups as follows:

a. 1st group – to compose the initial wave of riot assault

contingent

63
 b. 2nd group – to serve as back-up force of the first
contingent

c. 3rd group – composed of guard trained in handling

firearms, ready to shoot when the lives of guards and jail
personnel are in peril

7. The officer in command shall use any public address system to

calm down the disturbances.

8. The second alarm shall be sounded when all efforts of the officers
in command had failed.

9. The first group is tasked in quelling the riots and getting the
leaders of the riot.

10. The second group shall not use riot gasses except on orders of the
officer in command.

11. Initial alarm shall be relayed to the superintendent, station, or sub-

station commander of the nearest police station who will assists in
quelling the riot.

12. When the condition becomes critical, the third alarm may be
sounded. And police assistance may be needed.

13. As a last resort to prevent mass jail break or serious assault upon
jail officers, the officer in command may direct the third group to
fire on selected targets.

14. Finally, after any such incident, the following steps should be
undertaken:

a. Administer first aid to the injured

b. Conduct a headcount

c. Segregate leaders and agitators

d. Check security of the institution

64
 e. Conduct thorough investigation of the incident

f. Repair damages

g. Adopt effective measures to prevent repetition of the same

incidents

h. Prepare and submit report to the administration

Movement/Transfer of Prisoners/Detainees

An offender may be brought out from jail in any of the following

instances:

1. To appear or attend, as witness or as accused, before any court of

justice or prosecutor’s office during preliminary investigation,
arraignment or hearing of a criminal case.

2. To appear as witness in any investigation or formal inquiry being

conducted by a government agency.

3. To view the remains of a deceased relative within the second

degree of affinity or consanguinity with the following documents
to accompany the request:

a. Spouse – marriage contract

b. Children- birth certificate of the deceased child and

marriage certificate of the prisoner

c. Brother or sister – birth certificates of the offender and his

deceased brother or sister

d. Parent – birth certificate of the offender

e. Grandparent – birth certificates of the offender and his

parent who is the son or daughter of the deceased

f. Grandchild – birth certificates of offender and his son or

daughter who is the parent of the deceased

65
  Exceptions:

o The deceased relative is lying in a place that is

beyond a 36 kilometer radius from the place of
confinement of the prisoner or in any case the
prisoner cannot return to said place during the
daylight hours.

o The detainee has a record of escape.

The detainee has two or more pending criminal cases or is

a vital witness in a pending criminal case.

4. To undergo medical examination or treatment in an outside

hospital or clinic.

TREATMENT PROGRAMS

The Educational Program — inmate attends literacy and citizenship

classes and group therapy sessions. The objectives of the educational
classes in the Center are to determine the educational possibilities of the
inmate which may be pursued or encouraged in prison, and to encourage,
through group sessions, the individual to talk out his problems, to lend him
to recognize desirable goals and ways of attaining them.

 Cornerstone of Rehabilitation

 Classes of Prison education

 General and Academic Education

 Vocational Education

 Physical Education

Vocational Program — inmate is given on-the-job training and obser-

vation to determine his vocational interests and abilities and to determine
his attitude toward work.

Classification of Work Programs

 Educational Assignment

 Maintenance Assignment

66
  Agricultural and Industrial Assignment

Religious services

 The purpose of this program is to change the attitudes of inmates

by inculcating religious values or belief.

 Function of Chaplain:

1. Conduct communion and confession to inmates,

2. Conduct religious ministry such as preaching the Bible,

3. Conduct private and personal counseling in the form of

inmate interview.

 Administrative Function of the Chaplain:

1. Member of the RDC staff,

2. Member of the Classification Committee,

3. Render Evaluation to the BPP.

Recreational Activity

 The only program that is conducted during free time schedule.

 Objectives:

1. Mental and Physical Development

2. Help prisoner to become aware of their individual

conditions to provide them a method of improvement.

3. Development of cooperative competitions,

4. Arouse the interest of the prisoners in recreational

programs.

 Activities may include:

 Athletics/ sports, music and arts, social games, special

activities on special events, etc.

67
Medical and Health services

 Mental and physical examination

 Diagnosis and treatment

 Immunization

 Sanitary inspections

 Participation in training

Counselling and Casework

 Objectives of Counseling:

1. Immediate solution of specific personal problem,

2. Help inmates to increase self understanding

 Objectives of Casework:

1. To obtain clear description of social history,

2. Solving immediate problems involving family problems or

other personal relationship,

3. Assist inmates towards acceptable solutions,

4. Support inmates, who are nearly release by giving them

guidance or information,

5. Professional assistance to offenders on probation or parole.

Restorative Justice Concept

Under this concept victims and offenders assume central roles.

The process does not focus on vengeance and punishment but seeks to heal
both the community and the individuals involved. This is done by a
process that puts the notion of reparation, not punishment.

Four Characteristics of Restorative Program

1. Encounter creates opportunities for victims and community members

who went to do so to meet to discuss the crime and its aftermath. The
elements of an encounter are: meeting, narrative, emotion, understanding
and agreement.
68
2. Amends expect offenders to take steps to repair the harm they have
caused. The four elements of making amends are: apology, changed,
behavior, restitution and generosity.

3. Reintegration seeks to restore victims and offenders as a whole

contributing members of society. The elements of reintegration are:
acknowledging human dignity and worth, providing material assistance
and offering moral and spiritual direction.

4. Inclusion provides opportunities for parties with a stake in a specific

crime to participate in its resolution. The ingredients of inclusion are:
invitation, acknowledgement that the person invited has unique interests
and recognition that he or she might want to try alternative approaches.

69
 REFERENCES

Rajendra Kumar Sharma (1 January 1998). Criminology And Penology.

Atlantic Publishers & Dist.

Encyclopaedia Britanica. http://www.britannica.com

Todd R. Clear (1994). Harm in American penology: offenders, victims,

and their communities. SUNY Press

The American Heritage Dictionary of the English Language, Fourth

Edition, 2000. Updated in 2009. Published by Houghton Mifflin Company.

Luis B. Reyes, (1998) The Revised Penal Code 14th edition.

Review: The Code of Hammurabi, J. Dyneley Prince, The American

Journal of Theology Vol. 8, No. 3 (Jul., 1904), pp. 601–609 Published by:
The University of Chicago Press Stable

Diamante, R.D., “Restorative Justice: Justice that Heals”, 15th Peace

National Convention.

Foronda, Mercedes A., Correctional Administration, Wiseman Books

Trading, 2007

BJMP Operational Manual

70