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PHILIPPINE CRIMINAL JUSTICE SYSTEM
MODULE 5
CORRECTION
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.
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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
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.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
• 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.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
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 CORRECTION 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 AND OBJECTIVES OF THE BJMP
Mission:
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:
• 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
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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 cannot be trusted in open conditions and pose lesser danger than
maximum-security prisoners in case they escape. It consist 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 whose minimum sentence is less than 20 years
and life-sentenced prisoners who served at least 10 years inside a maximum security prison.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
• 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
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.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM
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
It 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. 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.
