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Welcome to The

World of Bureau of
Correction

By: Prof Paul B. Leviste


PUNISHMENT
-Is a means of social control
-A device to cause people to become
cohesive and to induce conformity
-It is the infliction of some sort of pain on
the offender for violating the law.
-redress that the state takes against an
offending members. That usually involves
pain & suffering.
-Greek Word “Poine” Latin Word “Poena”
means Punishment
Origin and History of
Punishment or Penalties

 Law originated from God


 Adam & Eve were the first Criminals,
they were punished by Exile or
Banishment
 The first penalty of Punishment is Exile
The First Murderer and The
Mark of Cain
 The Biblical records show that the
first murderer is Cain, who killed his
brother Abel
 The Mark of Cain that god placed on
the brow is for the purpose of warning
all men of his crime.
 Implanted in the consciousness of
every criminal and fit them anti-social
and that they always hide their
criminal activities.
FORMS OF PUNISHMENT
1. Death Penalty – Affected by
burning,
beheading
RA-7659 – Death penalty law
RA-9346 – Abolishes death penalty
RA-8177 – Lethal Injection Law
RA-8659 – Reduction of death
penalty
2. Corporal Punishment/Physical Torture
– Affected by Maiming, Mutilation,
whipping & other in Human or Barbaric
forms of inflicting pain
flogging-Whipping the culprit with a whip
called “Cat of nine tails”
Milk & honey torture – The accused is
placed in box from which his head,
hands & feet forcibly feed with honey &
milk then exposed to sun for 17 days.
3. Public Humiliation / Social Degradation
– Putting the offender into Shame.
-Ducking Stool – a device fixed on the
end of a long pole, the offender was
strapped in and then plunged into the
water.
- Branding – burning with red hot iron
the first letter of his offense on the
forehead, cheek or hand.
-In Sing – Sing Prison – pouring of cold
water on a naked person
Iron Maiden - A hollow form shaped like a
human and made of iron or wood braced
with iron strips.

Electrocution – first used at the Auburn


State Prison in New York on August 6,
1890.

Pillory – a device having holes in which the


head & hands of the culprit is locked.
4. Banishment/Exile/Transportation–
Sending or putting away an offender
which was carried out either by
prohibition against coming into a
specified territory such as an island
to where the offender has been
removed.
- England- where the first law
authorizing transportation was
approved in 1597.
William Penn
Contemporary
Forms of
Punishment
1. Incarceration/ Protection/
Incapacitation
-The act of confinement of a Person in
prison
-Restraint of one’s personal liberty

-The first House of Corrections –


England,
St. Bridget’s Well now Known as
Bridewell
PENAL REFORM
WORKERS
 French Philosophers – Montesquieu,
Voltaire, Jeremy Bentham – introduce
rationalism into social and political
philosophy
 John Howard – English Puritan who
crusaded for a better and humane
treatment of prisoners
Chief of Bedfordshier England in
1772.
2. Parole
- Conditional Release of a Prisoner after
serving half of his sentence in prison. For
the purpose of gradually re-introducing
him to free life under the supervision of a
parole or probation officer.
- Community Based Program
- French word Parole D’ honeur – word of
honor
- Dr. S.G. Howe
Act No. 4103
 Known as Indeterminate Sentence Law
 Took effect on December 5, 1933
as amended by E.O. 83 series of 1937
gave the BIS the authority to advice the
President on the course of action to take
on petitions for Executive Clemencies.
Renamed the BIS to Board of Pardons
Executive Order No. 94
 Took effect on October 4, 1947
 Known as Reorganization Law of
1947, which abolishes Board of
Pardons and created the Board of
Pardons and Parole
Parole – Released Document (1x1-
right Thumb print) parole has been
approved by the BPP
- 1 month transmittal of Carpeta

( Institutional Record) & Prison


Records (inmates person
circumstances)
Director/Warden – BPP
- 30 days Notify the Family
Presentation to Parole Officer
45 days prescribed period to report
to his PPO (Fails to report inform the
BPP)
Arrival Report
15 days the PPO shall inform the
BPP through the technical service of
PPA
Outside MM 1x
Inside MM 2x
Transfer of Residence or
Travel
- 15 days before the intended travel
- CPPO less 30days (10-30 days)
- RD more than 30 (30 -6 months)
- Travel Abroad – PPA (confirmed by
the BPP)
Infraction Report
Parolee Had convicted of another
crime.

- Order arrest by the BPP


- Serve the remaining sentence
Summary Report
Contains clearances of Police,
Prosecutor and baranggay official
after the Expiration of period of
parole

BPP – Upon recommendation of CPPO


will issue the CFRD – Certification of
Final Release and discharges.
3. Probation

- A Disposition whereby a defendant


after conviction of an offense the
penalty of with not exceed 6 years
imprisonment.
- Substitute for imprisonment
- Community Based Program
Probation Act No. 4221
 August 7, 1935
 Considered unconstitutional on
 Nov. 16,1937 – Reasons
1. It encroaches upon the pardoning
power of the President.
2. That it constitute an undue legislative
power.
3. It denies equal protection of the laws.
House Bill 393

 Present Probation Law P.D. 968 July 24,


1976
Mathew Davenport Hill – Father of Probation in
England.
John Augustus – Father of Probation in America.
( Shoe Maker)
- First Practical Demonstration of Probation

- MASSACHUSETTS
- First Probation law was passed by the
Legislature of Massachusetts and signed by
Gov. Alexander H. Rice, April 26,1878
- In America, Probation became on March 4,
1925 By Pres. Calvin Coolidge Federal
Probation Act.
Probation – Court – Application – within 15
days
(Docket Book) – Referral
order/investigation order (PSIR) – 60
days. – Absconding Petitioner
Court – 15 days Grant probation -
Prosecution – 10 days to submit his
comment
Probation order (order granting probation)
Probation Officer– Flash Sheet

A Document stating that the


probationer is under his supervision.
Condition of Probation
- 72 Hours report to his Probation
Office
- (1) once a month reports to assigned
Probation Officer.
Period of Probation
- 2 Yrs – If sentenced of less than 1 year
- 6 years – If sentenced of not more than
6 years

Violation Report – the probation violated


the condition or committed a crime.
- Serves the Original
Sentence
Transfer of Residence
- 5 days before intended travel Recommended
by SPPO and approved by the CPPO.
- PO – 10 – 30 days
- 30 days – reco. SPPO – approved by the
CPPO
- more Than 30 days –reco .CPPO –Approved
by the Court
- 30 days to 6 months Courtesy Supervision to
the
- Executive Judge of the Court of First
Instance
Final Report – CPPO 30 days before
the Completion or expiration of the
Probation period to the Court

Court - Termination Order or Final


Discharge
4. Fine

- Amount Given as a Compensation for


a criminal act.
- WERGILD – under medieval laws,
the money paid by the offender to
compensate the victim and the state
for a criminal offense
- WITE- the portion of the wergild that
went to the victim’s family
- WER – the king’s portion of wergild
5. Destierro
The penalty of banishing a person
from the place where he committed
the crime prohibiting to get near a
enter with 25 kilometer perimeter
JUSTIFICATION OF
PUNISHMENT
1. Retribution
– offenders should be punished because they
deserve it.
- Personal Vengeance
- Most Ancient justification of punishment
Vendetta Law
* LEX TALIONIS – physical retaliation an eye for
an eye
* Just Desert – The Philosophy of justice that
assert that those who violate the rights of
others deserve to be punished.
- The severity of punishment should be
commensurate with the seriousness of the
crime.
2. Expiation or Atonement
- It is a Punishment in form of Group
Vengeance Where the Purpose is to
appease the offended public or
group.
3. Deterrence
- Punishment gives a lesson to the
offender by showing to others what
would happen to them if they violate
the law.
4. Incapacitation or Protection
- The public will be protected if the
offender has been held in condition
where he cannot harm others
especially the public.
5. Reformation /
Rehabilitation
- Society’s Interest can be better
served by helping the prisoner to
because law abiding citizen &
Productive upon his return to the
community by requiring him to under
intensive program of Rehabilitation
in prison.
- The act of restoring to a good
condition
EARLY AMERICAN
PENITENTIARIES
1. Walnut Street Jail
Originally constructed as detention Jail
became the first American Penitentiary
1789 – 1794.
By legislative act, was turned into first
American penitentiary where the separate
and silent penitentiary philosophy of John
Howard was introduced
Penitentiary – referred to a place where
both crime and sin could be atoned for and
penitence produced solitary, meditation
and communication with God
2. Auburn Prison
the confinement of prisoners in single
cell at night and congregate work in
shop during the day time.
1819 Auburn, New York
Adopted in almost American States
3. Pennsylvania Prison
solitary confinement of prisoners in
their own cell day and night.
Also known as Separate System
4. Elmira Reformatory
 Noted as the forerunner of modern
penology.
 It requires prisoner time to study,
individualized treatment, parole was
maximized.
REFORMATORY
MOVEMENT
1. Manuel Montesinos – divided the
prisoners into companies and
appointed a petty officer in charge.
- He allows the reduction of the
inmate’s sentence by 1/3 because of
good behavior.
- He offered great training to
prepare the convict to return to the
society.
2. Demets of France – established an
agricultural work for the inmates
3. Alexander Maconochie –
Superintended of the Penal Colony at
Norfolk Island in Australia in 1840
- Who introduced the Marked System
where a prisoner is required to earn a
number of marks based on
accomplishment, labor and study in
order to entitled him to a ticket of
leave or conditional release similar to
a parole.
Five stages of marked system
1. very strict discipline
2. work in government
3. work in specific area with limited
supervision
4. leave ticket
5. full release
4. SIR WALTER CROFTON
Director of Irish Prison who
introduced the Progressive Stage
System which was a modification of
Maconochie’s Marked system.
Four stages in Progressive
System
1. 9 months on a very strict
monotonous work where he is
assigned with limited food.
2. Required to work in a government
establishment.
3. To work in specific area with out
conditional responsibility
4. Released from confinement.
5. ZEBULON R.
BROCKWAY
– Superintendent of Elvira
Reformatory in New York in 1876
who introduced a new institutional
program for boys 16-30 years of age.
Elvira Reformatory was considered
the forerunner of modern penology
because it had all the elements of a
modern correctional system.
Two lasting contribution to American
Penology of Elvira Reformatory
- Sentence of Imprisonment for the
maximum period refine By Law
subject to termination by the parole
board at anytime after serving the
minimum period.
1. Introduction of Indeterminate
sentence and Parole – It is a
conditional release after the
prisoner has served the minimum
sentence.
2. Established a positive reform
program through Education.
6. SIR EVELYN RUGGLES B
RISE
Director of the English Prison who
opened the Borstal Institution which
the best institution for young
offenders. These system was based
sensitively on Individualized system.
7. Elam Lynds
Silent Institution
CORRECTION
CORRECTION – branch of the
administration of criminal justice system
with the responsibility for the custody,
supervision and rehabilitation. Of the
convicted offender.
Capt. James Cook – Gave the Idea of
establishing a Penal Colony
Capt. Arthur Philip – established the 1st
penal colony in Australia
PURPOSES OF
CORRRECTION
1. Punishment
2. Deterrence
3. Isolation
4. Rehabilitation – Restoration-
Treatment by means of therapy,
vocational training, Education &
counseling to criminals to adjust to
society & to avoid Deviant Social
Behavior;
5. Reintegration – Newest Philosophical
basis for correction
PROGRAMS OF
REFORMATION
1. Treatment Program
1. EDUCATION
2. HEALTH (Therapy)
3. SEMINAR (Counseling)
PENOLOGY
Study of Punishment of crime ,
A branch of criminology dealing with
prison management & the treatment
offenders.

Penology was Changed to


Corrections Because penology
wherein penalty it has no connection
with Rehabilitations.
JAIL
Institution for the confinement of
person who are awaiting final
disposition of their criminal cases
and also for the service of those
convicted and punished with shatter
sentence usually up to 3 yrs.
DISTINCTION BETWEEN
JAIL AND CORRECTION
In Administration,
Jail is under the Bureau of Jail
management & Penology –
Administered By DILG R.A. 6975
Bureau of Correction is Administered
By the DOJ.
Bureau – Director
Department - Secretary
TYPES OF JAIL
1. Lack – up – Security Facility for the
temporary detention of persons
help for investigation or awaiting
preliminary
hearing.
Security facility operated by personnel
of the local Law Enforcement Unit
(police) for temporary Detention of
persons under investigation or
preliminary investigation hearing.
2. Ordinary Jails- is the type of jail
commonly used to detain a convicted
criminal offender to serve sentence
less than three years.
3. Work house/jail farm/ camp –
Houses with minimum custody
offenders serving short sentences
with constructive program.
- provides full employment of
Prisoner or Remedial services
Prisoner or Detainee - Person confined in
jail or prison to service a sentence after
a conviction by a competent court or
authority.
- Is a Person Committed to jail or prison
by a competent court or authority on
any of the Following Reasons: To serve
a sentence after conviction; Awaiting
for trail; and Investigation
- The color of their uniforms were Gray,
Yellow and Green.
GENERAL CLASSIFICATION
OF INMATES:
1. Sentenced Prisoners – person
convicted by final judgment of the
crime charged against him.
*Person who is convicted guilty by
the court for the commission of an
offense.
2. Detention Prisoner – Detained for
the violation of law or Ordinances
and has not yet been convicted.
3. Person held for Investigation or
safe keeping.
- Temporary custody of a person
or Detention or a person for his own
protection of care to secure from
liability to harm or danger.
CLASSIFICATION OF
SENTENCED PRISONER
1. Insular / National Prisoner
- Person convicted to serve a
sentence of more than three years
of imprisonment.
- And to pay a fine of more plan
Php 1,000 – or both fine &
Imprisonment : (3yrs or more)
2. Provincial Prisoner
- Person convicted and
sentenced to serve imprisonment
from 6 months 1 day to3 years
those detained therein
waiting for preliminary
investigation of their cases
cognizable by the RTC
3. City Prisoner
- Person convicted to serve a
period of imprisonment from 1 day
to 3 years.
- cases are filed with the MTC

4. Municipal Prisoner
- 1 day to 6 months cases
pending with the MTC
BUREAU OF CORRECTION
- Its Principal task the rehabilitation of
prisoners.
- It is headed by a director and assisted
by two (2) Assistant Directors, one (1)
for Administration & Rehabilitations
and (1) one for prison and security,
appointed by the President upon
Recommendation of the secretary of
the Department of Justice
* BUREAU OF CORRECTION have the
general supervision and control of
the Nation & Provincial Prisoners
and of all Penal Settlements and
charge with the safe keeping of all
prisoners confined therein
1. New Bilibid Prison
(NBP)
– National Penitentiary located at Muntinlupa. 1936
552 HEC.
Composed of: - Main Prison (Maximum Security
Prisoners)
- Camp Sampaguita (Medium Security Prisoners)
RDC
- Camp Bukang Liway way (Minimum Security
Prisoners)
- Half- Way House – Asia- Pacific, Japan
Radial Spoke of a Wheel Form – Pattern of City Jails
in Manila
- Style Structure Of NBP
Catwalk – Bridge Structure Between 2 Towers.
1. Maximum Security
Prisoners.
1.1 Prisoners with minimum sentence
are 20 years and above
1.2 Detention prisoners on appeal
whose maximum sentence are 20 yrs
and above & those sentence are
under review by the supreme court.
1.3 Recidivist, habitual delinquents, &
escapes.
1.4 Intractable prisoners placed under
disciplinary Punishment
1.5 Prisoners regardless of sentence
who are criminally insane, potential
danger to follow prisoners/staff upon
referral of the psychiatrist.
1.6 Confine at RDC
1.7 Color of uniform Tangerine or
Orange
2. Medium Security
Prisoner
2.1 Prisoner whose minimum sentence
are less than 20 yrs.
2.2 Life termers who are invalid or
aged 65 and above.
2.3 Lift termers (first offender) after
commutation.
- If the has served 10 yrs of
imprisonment excluding GCTA in a Max.
Security Prison.
Good Conduct & Time Allowance. Act
No. 3316
Act No. 2849 Industrial Good Time
2.4 Those who are 18 yrs of age and
below regardless of the case and
sentenced
2.5 with record of two or more escapes
if they have serve 8 yrs and maximum
2.6 one record of the escapes must
serve 5 yrs and maximum
2.7 First offender sentenced to life
after serving 5 yrs in maximum.
2.8 Color of there uniform is Blue.
3. Minimum Security
Prisoners.
3.1 Prisoners who are invalid and
aged 60 above but not Lifetimers as
certified by the Chief Medical officer
of the penal institution.
3.2 Prisoners age 30 yrs above who
have served ½ of their minimum
sentenced.
3.a has still at least to serve for
crime against person.
3.3 Reasonable trusted to serve their
sentence at less restricted conditions.
3.4 Severe Physical Handicap
3.5 65 yrs old & Above w/o Pending case.
3.6 Served ½ of the Minimum sentence
1/3 of the maximum sentence excluding
GCTA
3.7 6 months more to serve before
expiration their maximum sentence.
3.8 color of uniform brown
GCTS
a. First 2 yrs of imprisonment
- 5 days Deduction for each seconds
b. 3rd to 5th years
- 8 days
c. 6th -10th years
- 10 days
d. 11 year and up
15 days
use of Telephone
- every 90 days – 5 min.
2. Iwahig Penal colony
(Palawan)
considered as one of the finest open
penal institution in the world. R.J
Shields, through the suggestion of
Gov. Luke E. Wright felt the need
for an institution for Incorrigible
offenders. Nov.1, 1905
36,000 hec. Sta. Lucia, Inagawan,
Montible, Central
colony
Tagumpay Settlement
3. Sablayan penal Colony
Farm (Occ. Mindoro)
September 27, 1954 16,000 Hec. – Rice
- Located in Sablayan Occidental
Mindoro, This Institution was
constructed Due to Proclamation
No.72.
It is the youngest & Fastest growing
Penal Institution In the Philippines.
Central, Pasugi, Pusog, Yapalong
4. San Ramon Prison &
Penal Farm (Zamboanga)
1869 1546 Hec. – Copra
- Oldest Penal Institution Operated
Under The Bureau Correction.
Located at Southern Zamboanga
originally constructed to house
Political offenders during the
Spanish Regime.
- Capt. Ramon Blanco
5. Davao Penal Colony
(Davao Del Norte)
1932 18,000 Hec – Abaca
- Highest income earner among the
Phil. Correctional Institution.
Established By Gen Paulino Santos
in 1932.
- 1942 Concentration camp for
American Prisoner of War.
Sub Colonies of Davao Penal Farm
Panabo
Kapalong

Tanglaw Settlement – homestead for


prisoners
6. Leyte Regional prison
(Cabuyog Leyte)
-established on September 27, 1973
through the orders issued under
Martial Law
Correctional Institution for
Women
 November 27, 1929 R.A. 3579
 18 hectares Mandaluyong City
 1934 the position for Female
Superintendent was created
RA 6036 – Release on Recognizance
RA 6127 – Grant of Full Time Credit
PD 968 – Adult Probation Law
PD 603 – Child & youth Welfare Code
PD 85 – Preventive Imprisonment
Executive Clemency
1. Pardon – President
Absolute Pardon – Expungement
Conditional Pardon – Art 95. Pardon by
Violator Prison Correctional.
Art 159. More than 6 yrs unexpired
– fully served
2. Amnesty – Political offenders and
Class of People – Needs
concurrence of Congress
Proclamation 51 –Pres. Manuel
Roxas
Proclamation 76 – Pres. Elpidio
Quirino - Hukbalahap
3. Reprieve – Temporary Stay of the
Execution of
sentence
RA. 7659 Death Penalty
RA. 8659 Reduction of Death
Penalty.
RA. 8177 Lethal Injection
RA. 9346 Abolishes Death
Penalty
4. Commutation – Reduction of
Sentences 1/3 of the minimum
sentence serve.
10 yrs – Robbery
8 yrs - Murder, Parricide, Rape, and
Drug Laws.
12 yrs – 2 Life Sentences
5. Parole – Board of Pardons and Parole.

6. Probation – Court
Amicus Curiae - Friend of the court
Thank You For
Listening
Bureau of Correction
And
God Bless

By: Prof. Paul B. Leviste

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