Chapter 2 Lesson 1
Chapter 2 Lesson 1
Overview
The Correctional System in the Philippines is composed of six
agencies under three distinct and separate departments of the national
government: Department of Interior and Local Government - under this are
the Bureau of Jail Management and Penology (BJMP) which runs the city,
municipal, and district jails; and the provincial jails through their respective
provincial governments. Department of Social Welfare and Development -
under this is the Juvenile and Justice Welfare Council which oversees the
rehabilitation of young offenders. Department of Justice - under this are the
Bureau of Corrections, Parole and Probation Administration, and the Board of
Pardons and Parole.
Offenders convicted by the courts to serve sentences of three years or
more are kept at the prison facilities of the bureau of corrections: they are
classified as national prisoners. those meted with lighter sentences, as well as
those with pending cases before the regional trial courts, are confined in
provincial jails under the local government; while those awaiting trial in
municipal trial courts or serving light penalties (e.g., infraction of a city or
municipal ordinances) are detained in city, municipal or district jails under the
bureau of jail management and penology. juvenile delinquents are normally
sent to youth rehabilitation centers under the juvenile justice and welfare
council under R.A. 9344 unless the sentencing judge specifically orders for
them to be confined at the national penitentiary, as in cases where the
juvenile convict acted with discernment or the offense committed was grave.
Moreover, every province of the Philippine has a provincial jail, which is
being managed and supported by the provincial local government. The
Provincial Jail System was first established in 1910 under the American
regime. American colonizers mandated each province to establish its
provincial jails to be under their supervision and control. Memorandum
Circular dated March 7, 1994 issued by the Secretary of Peace and Order of
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the Department of Interior and Local Government, regarding the Manual of
Operations for Provincial Jails, is similar to the correctional procedures and
practices of the Bureau of Jail Management and Penology (BJMP). In this
chapter also included the admission and confinement of persons deprived of
liberty, their classification, the reception and releasing procedures,
classification board, disciplinary board, and punishable acts of persons
deprived of liberty.
General Objectives
1. Recall the history of the National Prison System and Jails System;
2. Explain the organization, powers, and functions of the Bureau of
Corrections and its penal colonies;
3. Discuss the concept of reception and diagnostic center and illustrate
the admission procedures and classification of persons deprived of
liberty (PDL) in prison;
4. Explain the organization, powers, and functions of the Bureau of Jail
Management and Penology and its Jail admission procedures and
classifications of a person deprived of liberty; and
5. Explain the organizational structure, powers, and functions of
provincial jails and its admission and classification procedures.
Lesson 1
BUREAU OF CORRECTIONS
Pre-discussion
The Bureau of Corrections (BuCor) was organized and has been
operating under the Prison Act of 1917. The BuCor is an integral bureau of
the DOJ mandated to carry out the institutional rehabilitation programs of the
government for national offenders, or those who are sentenced to more than 3
years of imprisonment, and to ensure their safe custody. BuCor oversees the
operations of seven (7) prisons located in different parts of the country. On
May 24, 2013, President Benigno S. Aquino III signed into law Republic Act
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No. 10575, otherwise known as “The Bureau of Corrections Act of 2013”. The
law mainly seeks to provide for the modernization, professionalization, and
restructuring of the BuCor by upgrading its facilities, increasing the number of
its personnel, upgrading the level of qualifications of their personnel, and
standardizing their base pay, retirement, and other benefits. The new law
mandates BuCor to implement a rationalized system of promotion and
performance evaluation system in coordination with the Civil Service
Commission.
The BuCor shall be headed by a Director who shall be assisted by
three (3) Deputy Directors: one (1) for administration, one (1) for security and
operations, and one (1) for reformation, all of whom shall be appointed by the
President upon recommendation of the Secretary of the DOJ: Provided, that
the Director and the Deputy Directors shall serve a tour of duty not to exceed
six (6) years from the date of appointment: Provided, further, that in time of
war or other national emergency declared by the Congress, the President
may extend such tour of duty (sec. 9, RA 10575).
Finally, in this lesson, it includes also the admission and confinement of
a person deprived of liberty as stipulated in the BuCor Manual which includes
the Reception and Diagnostic Center (RDC), Admission of Inmates; and
Classification of Inmates.
What to expect
At the end of the lesson, the students can:
1. trace the history of the prison system from the pre-colonial period to
the present;
2. discuss the organization, missions, functions, and mandates of the
Bureau of Corrections;
3. identify the different penal colonies in the Philippines;
4. discuss the concept of prisoner (Person’s Deprived of Liberty) and its
classification; and
5. outline and identify the rules on admission and confinement of persons
deprived of liberty (PDL).
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Lesson Outline
History
Pre-Colonial and Spanish Regimes
During the pre-colonial times, the informal prison system was
community-based, as there were no national penitentiaries to speak of.
Natives who defied or violated the local laws were meted appropriate
penalties by the local chieftains. Incarceration in the community was only
meant to prevent the culprit from further harming the residents.
The formal prison system in the Philippines started only during the
Spanish regime, where an organized corrective service was made
operational. Established in 1847 under Section 1708 of the Revised
Administrative Code and formally opened by Royal Decree in 1865, the Old
Bilibid Prison was constructed as the main penitentiary on Oroquieta Street,
Manila, and designed to house the prison population of the country. This
prison became known as the “Carcel y Presidio Correctional” and could
accommodate 1,127 prisoners.
The Carcel was designed to house 600 prisoners who were segregated
according to class, sex, and crime while the Presidio could accommodate 527
prisoners. Plans for the construction of the prison were first published on
September 12, 1859, but it was not until April 10, 1866, that the entire facility
was completed.
The prison occupied a quadrangular piece of land 180 meters long on
each side, which was formerly a part of the Mayhalique Estate in the heart of
Manila. It housed a building for the offices and quarters of the prison warden,
and 15 buildings or departments for prisoners that were arranged in a radial
way to form spokes. The central tower formed the hub. Under this tower was
the chapel. There were four cell-houses for the isolated prisoners and four
isolated buildings located on the four corners of the walls, which served as
kitchen, hospital, and stores. The prison was divided in the middle by a thick
wall. One-half of the enclosed space was assigned to Presidio prisoners and
the other half to Carcel prisoners.
In 1908, concrete modern 200-bed capacity hospitals, as well as new
dormitories for the prisoners, were added. A carpentry shop was organized
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within the confines of the facility. For some time the shop became a trademark
for the fine workmanship of furniture made by prisoners. At this time, sales of
handicrafts were done through the institutions, and inmates were
compensated depending on the availability of funds. As a consequence,
inmates often had to sell through retail or barter their products.
On August 21, 1869, the San Ramon Prison and Penal Farm in
Zamboanga City was established to confine Muslim rebels and recalcitrant
political prisoners as opposed to the Spanish rule. The facility, which faced
the Jolo sea had Spanish-inspired dormitories and was originally set on a
1,414-hectare sprawling estate.
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Transfer of Bilibid Prison to Muntinlupa
The increasing number of committals to the Old Bilibid Prison, the
growing urbanization of Manila and the constant lobbying by conservative
groups prompted the government to plan and develop a new site for the
national penitentiary, which was to be on the outskirts of the urban center.
Accordingly, Commonwealth Act No. 67 was enacted, appropriating one
million (P1,000.000.00) pesos for the construction of a new national prison in
the southern suburb of Muntinlupa, Rizal in 1935. The old prison was
transformed into a receiving center and a storage facility for farm produce
from the colonies. It was later abandoned and is now under the jurisdiction of
the Public Estates Authority.
On November 15, 1940, all inmates of the Old Bilibid Prison in Manila
were transferred to the new site. The new institution had a capacity of 3,000
prisoners and it was officially named the New Bilibid Prison on January 22,
1941. The prison reservation has an area of 587 hectares, part of which was
arable. The prison compound proper had an area of 300 x 300 meters or a
total of nine hectares. It was surrounded by three layers of barbed wire.
3. Bontoc Prison
The Philippine Legislature during the American regime passed Act No.
1876 providing for theestablishment of a prison in Bontoc in Mountain
Province. The prison was built for the prisoners of the province andinsular
prisoners who were members of the non-Christian tribes of Mountain Province
and Nueva Viscaya.
Bontoc prison could be reached only through narrow, poorly developed
mountain roads. Due to the enormous expenses incurred in transporting
personnel, equipment and supplies to the prison
Functions of BuCor
1. To confine prisoners by giving them adequate living spaces as the first
conditions to be met before any effective rehabilitation programs can be
undertaken.
2. To prevent prisoners from committing crimes while in custody.
3. To provide humane treatment by affording them human basic needs in the
prison environment and prohibiting cruel methods and provide a variety of
rehabilitation program.
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2. Reformation of National Inmates
- the reformation programs, which will be instituted by the BuCor for the
inmates, shall be the following:
1. Moral and Spiritual Program
2. Education and Training Program
3. Work and Livelihood Program
4. Sports and Recreation Program
5. Health and Welfare Program; and
6. Behavior Modification Program, to include Therapeutic
Community
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Prisons and Penal Farm in the Philippines (The 7 Penal Institution of the
BuCor)
- Philippine prisons are also known as penal colonies or Prison and
Penal Farms. There are a total of seven (7) penal colonies presently under
the control and supervision of the Bureau of Corrections. (Sec. 3, IIR of RA
10575)
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Building) – Maximum Security
b. Camp Sampaguita – Medium Security
c. Camp Bukang Liwayway – Minimum Security
- The fourth prison was established in the southern suburb of
Muntinlupa, Rizal in 1935, and was officially named the New Bilibib Prison on
January 22, 1941.
- This was actually a new site for the Spanish period national
penitentiary.
- November 15, 1940, all inmates of the Bilibid Prison in Manila were
transferred to the new site.
- The new institution has the capacity to house 3,000 to 9,000
prisoners.
- The prison has an area of 587 hectares, and surrounded by three
layers of barbed wire. It houses more than 50% of the total prisoners
nationwide.
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without walls”. It sits on a 36,000 hectare lot and divided into four
colonies/zones namely:
1. Sta. Lucia – with 9, 685 hectares;
2. Inawagan – with 13, 000 hectares; and
3. Montible and Central Sub-colony – 8, 000 hectares.
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- After the war, in August 1946, it was reestablished and restored to its
former productive activity.
- Today the Davao Penal Colony contributes a big amount for the
institution through its venture with Tagum Development Company, a banana
plantation, covering about 30,000 hectares of land area.
- The colony is divided into two sub-colonies namely the Dujali and Sto.
Tomas sub-colony.
Correctional Institution for Women-Davao – the CIWM is a satellite prison
facility under the supervision and
direction of Davao Prison and Penal
Farm.
- it is the most recent facility
organized in the Bureau of
Corrections. It was only inaugurated in
September 18, 2007, the second
institution which branched out from the first and only penal establishment
dedicated in rehabilitating female offenders.
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confine prisoners from Visayas.
- The second prison under Philippine Republic was the Leyte Regional
Prison, it covers a land area of 801 hectares.
Classification of Prisoners
1. Detention Prisoners – persons committed for investigation or trial.
2. Sentenced prisoners – persons committed to jails or by prison to serve
sentence after final conviction by a competent court for the commission of a
crime.
3. Prisoners for Safekeeping – includes non-criminal who are detained in
order to protect the community against their harmful behavior or to protect
them for any danger.
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Classification of Sentenced Prisoner
1. Insular or National Prisoners
-Those sentenced to suffer an imprisonment from three (3) years and
one (1) day to file imprisonment or more than one thousand pesos (P
100,000.00) fine or both.
-Those sentenced to suffer of imprisonment above but appealed the
judgment and unable to file a bond for their temporary liberty.
- Those sentenced with Death Penalty.
2. Provincial prisoners
- Those sentenced to suffer an imprisonment six (6) months and one
(1) day to three (3) years of fine of not more One Thousand pesos (1, 000. 00)
or both fine and imprisonment.
- Those detained therein waiting for preliminary investigation of their
cases cognizable by the Regional trial Court.
3. City Prisoners
- Those sentenced to suffer a term of Imprisonment from One (1) day
to three years or fine of not more than One Thousand (1, 000. 00) pesos or
both fine and imprisonment.
- Those detained therein whose cases are filed with the Municipal Trial
Courts in cities.
- Those detained therein whose cases are under preliminary
investigation cognizable by the Regional Trial Courts.
4. Municipal Prisoners
- Those sentenced to suffer a term of imprisonment from one (1) day to
six (6) months.
- Those detained therein whose cases are filed with the Municipal Trial
Court.
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Admission and Confinement of Inmates
Assignment of inmate. – After the quarantine period, the inmate shall remain
in the Reception and Diagnostic Center for a period not exceeding fifty-five
(55) days where he shall undergo psychiatric, psychological, sociological,
vocational, educational and religious and other examinations.
The results of said examinations shall be the basis for the inmate’s
individualized treatment program. Thereafter, he shall be assigned to a prison
facility as may be recommended by the Chief of the Reception and Diagnostic
Center. (Sec. 3, BuCor Manual)
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Admission of Inmates
An inmate shall be admitted in the Reception and Diagnostic Center of
a prison upon presentation of the following documents:
a. Mittimus/Commitment Order of the Court;
b. Information and Court decision in the case;
c. Certificate of Detention, if any and
d. Certification that the case is not on appeal; and
e. A female inmate shall be received only at the CIW. (Chapter 2, Sec. 1,
BuCor Manual)
Clampdown
- After registration, the inmate shall be taken a mug shot, front and side
view, fingerprinted and assigned a permanent prison number.
- The inmate shall be given a prescribed haircut, the beards and
mustache shall be shaved of.
Shakedown
- Body search of every inmate’s personal effects is required. Upon
admission the inmate shall be searched thoroughly.
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Admission process. – After registration, the inmate shall photographed, front
and side view, fingerprinted and assigned a permanent prison number.
The male inmate shall then be given a regulation haircut and his
beard/mustache, if any, shall be shaven off. (Sec. 4, BuCor Manual)
Classification of inmates
Diversification
- is an administrative device of correctional institution of providing
varied and flexible types of physical plants for the more effective control of the
treatment programs of its diversified population.
- the principle of separating homogeneous type of prisoners that
requires special treatment and custody.
Types of Diversification
a) Diversification by age – minors should be separated from adult
offenders
b) Diversification by sex – females should be separated from male
offenders
c) Diversification by degree of custody – prisoners are segregated
based on the duration or length of their sentence imposed.
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Note:
Maximum Security Prisoners
- The 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
prisons compound.
- They are confined at the Maximum Security Prison (NBP Main
Building), or other assigned building in other penal farm and they wear orange
color or tangerine uniform.
b. 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:
i. those whose minimum sentence is less than twenty (20) years
imprisonment;
ii. remand inmates or detainees whose sentences are below twenty (20)
years;
iii. those who are eighteen (18) years of age and below, regardless of the
case and sentence;
iv. those who have two (2) or more records of escapes. They can be
classified as medium security inmates if they have served eight (8) years
since they were recommitted. Those with one (1) record of escape must
serve five (50 years; and
v. first offenders sentenced to life imprisonment. They may be classified as
medium security inmates if they have served five (5) years in a maximum
security prison or less, upon recommendation of the Superintendent.
Those who were detained in a city and/or provincial jail shall not be
entitled to said classification.
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Note:
Characteristics of Medium Security Prisoners
- Those who cannot be trusted in open conditions and pose lesser
danger than maximum-security prisoners in case they escape.
- It consists of groups of prisoners who may be 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 who served at least 10 years inside a maximum-security prison.
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Summary
Presented in the topic about the Bureau of Corrections (BuCor) as a
line bureau and a constituent unit of the Department of Justice, has general
supervision and control of all national prisons or penitentiaries in the country.
On May 24, 2013, President Benigno S. Aquino III signed into law R.A. No.
10575, otherwise known as “The Bureau of Corrections Act of 2013”. The new
law mandates BuCor to implement a rationalized system of promotion and
performance evaluation system in coordination w/ CSC.
Moreover, there are a total of seven (7) penal colonies presently under
the control and supervision of the Bureau of Corrections (Sec. 3, IIR of RA
10575), 1) San Ramon Prison and Penal Farm (SPPF) – located in
Zamboanga, to confine Muslim rebels and political prisoners opposed to the
Spanish rule, 2) New Bilibid Prison -, located in Muntinlupa, NBP is divided
into three (3) sections: a) Main building which confined the maximum-security
prisoners, b)Camp Sampaguita for medium security prisoners, and c) Camp
Bukang Liwayway confinement of minimum-security prisoners, 3) Iwahig
Prison and Penal Farm (IPPF) – located in Puerto Princessa, Palawan, it
houses incorrigible or those prisoners beyond reform, 4) Correctional
Institution for Women (CIW) – located in Mandaluyong City, it is the only penal
institution for women. 5) Davao Prison and Penal Farm (DPPF) together with
the Correctional Institution for Women – located in Sto. Tomas, Davao City, 6)
Sablayan Prison and Penal Farm – located in Sablayan, Occidental Mindoro,
and 7) Leyte Regional Prison – located in Abuyog, Leyte. Finally, it also
covers the topic of the different procedures on the admission of a person
deprived of liberty, the classification of PDL as to security risk. and entitlement
of privileges.
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References
Reyes, L.B. (2008). The Revised Penal Code (14th ed.). Quezon City, Rex
Box Store.
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