Correction
4th Pillar of the Criminal Justice System
Corrections
It is the fourth pillar takes over the criminal treatment once the accused, after
having been found guilty, is meted out the penalty for the crime he committed. He can
apply for probation or he could be turned over to a non – institutional or institutional
agency or facility for custodial treatment and rehabilitation.
General Functions of Corrections
To maintain the institutions – the correctional component is responsible for maintaining
prisons, jails and other institutional facilities to receive convicted offenders sentence to
periods of incarceration.
To protect law abiding members of society – Corrections custody and security in order
to keep sentenced offenders removed from the free world so that they cannot commit
further crimes on society.
To reform offenders – It is responsible for developing and providing services to assist
incarcerated offenders to reform and assist them in returning to society and in leading a
non-criminal life after his/her release.
To deter crimes – It is responsible for encouraging incarcerated and potential offenders
to lead law-abiding lives
Period in the Entry Correction CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of the
accused has become final and executory. That is, when the judicial process has been
completed and the court issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for
custody or detention only, in which case the court issues a COMMITMENT ORDER.
Commitment Order
It is a written order of a court or authority consigning a person to jail or prison for
detention.
Mittimus
It is a warrant issued by a court bearing its seal and the signature of the judge
directing the jail or prison authorities to receive the convicted offender for service of
sentence.
Purposes of Correction
1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.
Corrections
The branch of the administration of the criminal justice charged with the
responsibility for the custody, supervision, and rehabilitation of the convicted offender.
As a process, the term “correction” shall mean: Re-orientation or re-instruction of
individual with a view to preventing a repetition of the deviation without the necessity of
taking punitive action. The professional discipline which applies the knowledge of
criminology to the control and treatment of criminally deviant behavior.
The process of returning the attitude to the former state. The body of knowledge
and practices related to society’s handling of adults and children who have been
convicted of an offense. Implies preventing of further offenses.
Penology is a branch of criminology that deals with management and administration of
inmates. It simply means the treatment of criminals
Two Areas of Correction or 2 System-Based Approach to Correction
As one of the pillars of the CJS, our country has two based approaches:
1. Institutionalized – which means imprisonment; incarceration of a convicted person.
2. Non-institutionalized – community based processes.
Both system are being implemented on a fragmentary basis by three department of
the executive branch. These are the following:
Department of Justice;
Department of Interior and Local Government;
Department of Social Welfare and Development
Correction System Under DOJ
Under DOJ, the offices task to carry out the mission of correction rest with the following:
Bureau of Correction (BuCor);
Parole and Probation Administration (PPA)
Board of Pardons and Parole (BPP);
The last two is mandated to conduct non-institutional correction among convicted
persons.
Non – Institutional Correctional Agencies
Parole and Probation Administration – an attached agency of the DOJ which provides
a less costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs. Headed by an Administrator
Handles the investigation of petitioners for probation, and the supervision of
probationers, parolees and conditional pardonees.
Board of Pardons and Parole –the administrative arm of the President of the Philippines
in the exercise of his constitutional power to grant, except in cases of impeachment,
pardon, reprieve and amnesty after conviction by final judgment.
History:
Act 4103, otherwise known as Indeterminate Sentence Law, took effect on
December 4, 1933, created the Board of Indeterminate Sentence.
Amended by Executive Order No. 83, Series of 1937, renamed the Board of
Indeterminate Sentence to Board of Pardons.
Amended by Executive Order No. 94, abolished the Board of Pardons and created
the Board of Pardons and Parole.
Correction Under DILG
The Bureau of Jail Management and Penology (BJMP) takes charge of
district, city and municipal jails while the provincial jail are operated by the provincial
government.
In the provincial jail, the local government of the province is in-charged with the
operation of the jail facility in terms of funding, manning, administration and operations.
Usually, it is directly under the provincial governor who appoints the provincial warden.
Correction Under DSWD
Department of Social Welfare and Development (DSWD) – renders services for Children
in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April
28, 2006).
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the offense shall be exempt from criminal liability.
However, the child shall be subjected to an intervention program pursuant to Section 20
of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless he/she
has acted with discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from
civil liability, which shall be enforced in accordance with existing laws.
Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Justice and placed under its
administrative supervision. The JJWC shall be chaired by an undersecretary of the
Department of Social Welfare and Development
The DSWD, also, operates regional rehabilitation center which are located in ten sites
nationwide.
Nine of which are for boys while only one is for girls. Of the nine centers for boys
one is the National Training School for Boys which also happens to be the largest. This is
located in Sampaloc, Tanay, Rizal and it caters to youth offenders coming Regions IV, V
and NCR.
The only Regional Youth Rehabilitation Centers for girls is also the National
Training School for Girls located at Marillac Hills, Alabang, Metro Manila.
The eight other RRCYs are located in Barangay Urayong, Bauang, La Union for
those coming from Region I, II and the Cordilleras; Barangay Ayala, Magalang,
Pampanga for Region III; Nueva Valencia in the island province of Guimaras for Region
VI; Barangay Candabong, Argao, Cebu for Region VII; Barangay Sto Nino, Leyte for
Region VIII; Barangay Anastacio Polanco, Dipolog, Zamboanga del Norte for Region IX;
Gingoog City for Region X; and Barangay Bago Oshiro, Davao City for Region XI. Youth
offenders from Caraga Region are sent either to Dipolog, Gingoog or Davao depending
on which is most accessible.
Institutional Corrections Agencies in the Philippines
Bureau of Corrections – an agency under the Department of Justice (DOJ) 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. It exercises control and
supervision of all the corrections/prisons facilities nationwide.
Provincial Jails – a jail for the safekeeping of prisoners at the capital of each province,
and in the absence of special provision all expenses incident to the maintenance thereof
and of maintaining prisoners are borne by the province.
BJMP – created by virtue of Republic Act 6975, exercise supervision and control over all
district, city and municipal jail nationwide. Formally established on January 2, 1991.
It operates as a line bureau under the Department of the Interior and Local
Government (DILG).
Mission of the BJMP
The Jail Bureau shall direct, supervise and control the administration and operation
of all district, city and municipal jails to effect a better system of jail Management
nationwide.
Objectives of the BJMP
To improve the living conditions of the offenders in accordance with the accepted
standards set by the United Nations.
To enhance rehabilitation and reformation of offenders in preparation for their eventual
reintegration into the mainstream of society upon their release.
To professionalize jail services.
Different Correctional Institution under BuCor:
1. Sablayan Prison and Penal Farm – located in Occidental Mindoro.
2. Leyte Regional Prison – situated in Abuyog, Southern Leyte,
3. New Bilibid Prison – located in Muntinlupa,
4. Correctional Institution for Women – located at Mandaluyong City. Its old name
“Women’s Prison” was changed to “Correctional Institution for Women”.
5. Iwahig Penal Colony – located at Palawan,
6. San Ramon Prison and Penal Farm – established in Southern Zamboanga
7. Davao Penal Colony – located in Davao Del Norte,
Types of Jail
Lock-up – is a security facility for the temporary detention of persons held for investigation
or awaiting preliminary hearing. It is operated by law enforcement units.
Ordinary Jail- this facility houses both offenders awaiting court actions and those serving
short sentences usually up to three years. Run by BJMP.
Workhouse, jail farm or camp house - houses minimum custody offenders serving short
sentences with constructive work programs. It provided full employment of prisoners,
remedial services and constructive leisure time activities. Ideal for municipality with large
number of inmates.
Classification of Prisoners
Insular Prisoners (national prisoners) – one who is sentenced to a prison term of three
years and one day to life.
Provincial Prisoners – Those persons sentenced to suffer a term of imprisonment from 6
months and 1 day to 3 years or a fine not more than 1,000 pesos, or both; or those
detained therein waiting for preliminary investigation of their cases cognizable by the
RTC.
City Prisoners – one who is sentenced to a term of one to three years.
Municipal Prisoners – one who is sentenced to a prison term of one day to six months.
Classification of Prisoners According to Degree of Security:
Super Maximum Security Prisoners – is a special group of prisoners composed of
incorrigible, intractable, and highly dangerous persons who are the source of constant
disturbances even in a maximum security prison. They wear orange color of uniform.
Maximum Security Prisoners - a group of prisoners whose escape could be dangerous to
the public or to the security of the state. It consist of constant troublemakers but not as
dangerous as the super maximum-security prisoners. Their movements are restricted and
they are not allowed to work outside the institution but rather assigned to industrial shops
with in the prison compound. They are confined at the Maximum Security Prison (NBP
Main Building), they wear orange color of uniform. Prisoners includes those sentenced to
serve sentence 20 years or more, or those whose sentenced are under the review of the
Supreme Court, and offenders who are criminally insane having severe personality or
emotional disorders that make them dangerous to fellow offenders or staff members.
Medium Security Prisoners - those who can not be trusted in open conditions and pose
lesser danger than maximum-security prisoners in case they escape. It consist of groups
of prisoners who maybe allowed to work outside the fence or walls of the penal institution
under guards or with escorts. They occupy the Medium Security Prison (Camp
Sampaguita) and they wear blue color of uniforms. Generally, they are employed as
agricultural workers. It includes prisoners whose minimum sentence is less than 20 years
and life-sentenced prisoners who served at least 10 years inside a maximum security
prison.
Minimum Security Prisoners – are group of prisoners who can be reasonably trusted to
serve sentence under “open conditions”. This group includes prisoners who can be
trusted to report to their work assignments without the presence of guards. They occupy
the Minimum Security Prison (Camp Bukang Liwayway) and wear brown color uniforms.
Non institutional Correction or Community Based Correction:
Pardon
Parole
Probation
Executive Clemency
The power of executive clemency is a tacit admission that human institutions are
imperfect and that there are infirmities in the administration of justice.
It exist as an instrument for correcting these infirmities and for mitigating whatever
harshness might be generated by harsh law.
Form of Executive Clemency
Reprieve
Commutation
Pardon
Remission of fines and forfeitures
Amnesty
PARDON
It is an act of grace proceeding from the power entrusted with the execution of the
laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for the crime he has committed. It is the power reposed by the Constitution to the
President of the Philippines.
Kinds of Pardon
(a) Absolute Pardon
It is given without any condition attached to it.
(b) Conditional Pardon.
It serves the purpose of releasing a prisoner who is already reformed or
rehabilitated but who cannot be paroled because the parole law does not apply to him.
Thus a prisoner serving a determinate sentence or life imprisonment is excluded
from the benefits of the parole law. However reformed, he may be given conditional
pardon.
PAROLE
It is a procedure by which prisoners are selected for release on the basis of the
individual response to the correctional institution and the service progress and by which
they are provided with the necessary controls and guidance as they serve the remainder
of their sentences within the free community.
Elements of Parole:
That the offender is convicted;
That he serves part of his sentence in prison;
That he is released before the full expiration of his sentence;
That said release is conditional, and
That he remains on parole until the expiration of his maximum sentence.
Probation
Is a disposition under which a defendant after conviction and sentence, is released
subject to conditions imposed by the court and under the supervision of a probation
officer.
Is a privilege granted by the court to a person convicted of a criminal offense to remain in
the community instead of actually going to prison.
Form of Executive Clemency
Reprieve is the postponement of execution of punishment to a later date.
Commutation is an executive clemency changing a heavier sentence to a less serious
one or a longer term to a shorter term.
Remission of fines and forfeitures – it is merely prevents the collection of fines or the
confiscation of forfeited property
Amnesty - Is a general pardon extended to a group of prisoners and exercised by the
President of the Philippines with the concurrence of Congress. The recipients are usually
political offenders.
References:
Constitution of the Philippines
Rules of Court
R.A. 6975
R A. 8551
R.A. 9344
Gabao (2017)
Reviewer on Correctional Administration by Rommel Manwong
