Therapeutic

Modalities
 Chapter I

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

Do criminals or those who break the law still enjoy human rights?

Yes. - Criminals or those in conflict with the law are still protected
by rights as indicated in many legal documents such as the Philippines’
Criminal Code and UN’s Standard Minimum Rules for the Treatment of
Prisoners.
Human Rights

- Those rights, which are inherent in our nature and without

which, we cannot live as human beings. It allows us to develop and use
our human qualities, intelligence, talents and conscience and to satisfy
our spiritual and other needs, Supreme, inherent and inalienable rights
to life, dignity, and self-development. The essence of these rights
makes man human.
Basic Characteristics of Human Rights:

1. Inherent- Not granted by any person or authority.

2. Fundamental- without them, the life and dignity of man will be meaningless.
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be
given away or be forfeited.
4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a
long passage of time.
5. Indivisible- Not capable of being divided. Cannot be denied even when other
rights have already been enjoyed.
6. Universal- It applies irrespective of one's origin, status, condition, or place where
one lives. Rights can be enforced without a national border.
7. Interdependent-The fulfillment or exercise of one cannot be had without the
realization of the other.
Human Rights Principles:

- The dignity of man and human life is inviolable. From the dignity
of man is derived the right of every person to free development of his
personality. A legitimate state should exist to assure that in the
discharge of the governmental functions, the dignity that is the birthright
of every human being is duly safeguarded.
Classification of Rights:

1. Natural Rights- God-given rights, acknowledged by everybody to be

morally good. Unwritten, but prevail as norms of the society.

2. Constitutional Rights- Conferred and protected by the constitution

and which cannot be modified or taken away by the law-making body.

3. Statutory Rights- Those rights which are provided by a law

promulgated by the law-making body. May be abolished by the body
that created them.
Stages/concepts of Human Rights

（ 1) Idealization-Notions of human rights starts in the realm of ideas

that reflect a consciousness against oppression or inadequate
performance of the State.

（ 2) Positivization - Where the support for the ideas becomes strong,

and thus incorporate them into legal instruments.

（ 3) Realization-When these rights are already being enjoyed by the

citizens by the transformation of the social, economic, and political
order.
Three obligations of State Parties

1) Obligation to respect

 Article 2(1) of the ICCPR contain this obligation

 Indicates that the negative character of civil and political
rights, commanding the State to refrain from restricting the
exercise of these rights is not expressly allowed.
2) Obligation to ensure
 Article 2(1) of the ICCPR also encompasses this obligation,
that State parties must be proactive to enable individuals to
enjoy their rights.

 Article 2(2) of the ICCPR points out that to provide for an

effective remedy to victims of human rights, it must adopt
executive, judicial and legislative measures.

3) Obligation to protect - to prevent private individuals,

groups, or entities from interfering with the individual's civil and
political rights.
SOURCES AND FOUNDATIONS OF HUMAN RIGHTS LAW

 The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The 1987 Constitution
is the basic source of human law in the Philippines.
 As early as Biak na Bato, our forefathers are conscious of the rights of human beings.
 A novel feature of the 1987 Constitution is the independent constitutional office of the Commission of Human
rights, the first national human rights commission in the world
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent
commission that investigates human rights violations and establishes programs of education and information to
enhance respect for the primacy of human rights.
 This Constitution is sometimes called as "Human Rights Constitution".
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.

International Bill of Rights – Thant, the third Secretary-General of the United Nations, indeed referred to the
three core documents of the International Bill of Rights (the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and
Cultural Rights) and the Optional Protocol to the Covenant on Civil and Political Rights as "the Magna Carta for
mankind". He considered these documents to be the foundation of human rights and the essential prerequisite
for achieving peace at home and in the world. This statement highlights the significance of these documents in
promoting human dignity, protecting individual rights, and fostering a more just and peaceful world
Universal Declaration of Human Rights (UDHR)

 The Commission on Human Rights of the United Nations drafted the UDHR, while the United
Nations passed it. The chairwoman was former first lady Eleanor Roosevelt. The declaration was
adopted by 48 votes in favor, none against and eight abstentions.

 Carlos Romulo was also there during the drafting of the CHR of the UN.

 The preamble to the UDHR refers to the concepts of inherent human dignity and one inalienable
nature of human inherent. It is also called for inter-cultural consensus by indicating that a common
understanding of the rights and freedoms to is achieve, promotion of universal respect for and
observance of human rights and fundamental freedoms.

 The UDHR is the first internationally adopted catalogue of human rights.

 Mary Robinson, former High Commissioner for Human Rights, said that the common language of
humanity, the language of human rights, is enshrined in the UDHR.
International Covenant on Civil and Political Rights (ICCPR)
 Adopted unanimously by 106 States and entered into force1976. The
International Covenant on Civil and Political Rights (ICCPR) is a United
Nations treaty that aims to protect and promote civil and political rights,
such as the right to life, freedom of speech, and due process. It was
adopted by the UN General Assembly on December 16, 1966, and
came into force on March 23, 1976.

International Covenant on Economic, Social and Cultural Rights

- The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is a United Nations treaty that aims to promote and protect
economic, social, and cultural rights. It was adopted by the UN General
Assembly on December 16, 1966, and came into force on January 3,
1976
CIVIL AND POLITICAL RIGHTS

Bill of Rights in the 1987 Constitution-

 The Bill of Rights is a regular fixture in all Philippine Constitutions,

except in the Biak na Bato Constitution of 1897.

 1935 Constitution, 1973 Constitution, 1986 Freedom Constitution -

Bill of Rights 1943 Constitution- Duties and Rights of the Citizens.

 1899 Malolos Constitution - The Filipinos and their National and

Individual Rights.
Bill of Rights - An enumeration of civil and political rights that are self-executing. It
also serves as a restriction upon the powers of the State in order to preserve
constitutional harmony and stability.

Comprehensive Agreement on Respect for Human Rights and International

Humanitarian Law - this is the fruit of the negotiations of the government and the
rebels.
The Comprehensive Agreement on Respect for Human Rights and International
Humanitarian Law (CARHR) is an agreement between the Government of Colombia
and the Revolutionary Armed Forces of Colombia (FARC) signed on June 26, 2016,
in Havana, Cuba. The agreement was a major milestone in the Colombian peace
process, aimed at ending the country's long-standing conflict between the
government and the FARC.
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

Custodial Rights of a Person

Section 12, Article lll of the 1987 Constitution Sec. 12:

1. Any person under investigation for the commission of an offense shall have the right to be informed of his
right to remain silent and to have competent and independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.
3. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence.
4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families. Custodial Investigation is any
questioning by law enforcement after a person has been taken into custody or otherwise deprived of his freedom
of action in any significant way. It refers to the investigation conducted by law enforcement immediately after
arrest for the commission of an offense. It begins when a person has been arrested and brought to the custody
of law enforcers in which suspicion is focused on him in particular and questions are asked from him (the
suspect) to elicit admissions or information on the commission of an offense.
What is the Miranda Doctrine?

The Miranda Doctrine means that prior to questioning during custodial investigation,
the person must be warned that he has the right to remain silent, that any statement
he gives may be used as evidence against him, and that he has the right to the
presence of an attorney, either retained or appointed.

The name comes from the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in
which the US Supreme Court laid down the principle of custodial rights of an
accused.

Miranda v. Arizona (1966) is a landmark Supreme Court case that established the
rights of individuals who are arrested and subjected to custodial interrogation by law
enforcement. The case was decided on June 13, 1966
What are the rights of a person during custodial investigation?

The right to be informed of his rights

- i.e. the reading of the Miranda Doctrine or custodial rights by police during his arrest. This carries the correlative obligation
on the part of the investigator to explain and contemplates effective communication which results in the subject understanding
what is conveyed.

The right to remain silent and to be reminded that anything he says can and will be used against him.
- This refers not only to verbal confessions but also acts. However, mechanical acts that does not require the Use to
intelligence (such as providing DNA samples) or to answers of general questions are not protected under this right.

The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him
- This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly the right to
independent and competent. An independent counsel is one not hampered with any conflicts of interest, and a competent
counsel is one who is vigilant in protecting the rights of an accused.

Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will of the person.

Right against secret detention places, solitary, incommunicado, or other similar forms of detention.
- Any confession or admission obtained from the person arrested in violation of these rights are inadmissible in evidence and
cannot be used against said person. This is called the Exclusionary Rule, i.e. it is excluded from the evidence to be
considered by the court during trial. Such confession or admission is tainted and must be suppressed under the “Fruit of the
Poisonous Tree” Doctrine.
REPUBLIC ACT NO. 7438 -April 27, 1992

- An act defining certain rights of person arrested, detained or under custodial investigation as well as the duties
of the arresting, detaining and investigating officers, and providing penalties for violations thereof.

Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and
guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to and
understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of
his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided
that before such report is signed, or thumb marked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to him by his counsel or by the
assisting counsel
provided by the investigating officer in the language or dialect known to such arrested or detained
person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation
shall be in writing and signed by such person in the presence of his counsel or in the latter's
absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters,
his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister
of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised
Penal Code, or under custodial investigation, shall be in writing and signed by such person in the
presence of his counsel; otherwise, the waiver shall be null and void and of no effect
(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical
doctor or priest or religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing
an "invitation" to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the "inviting" officer
for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.

The assisting counsel other than the government lawyers shall be entitled to the following fees;
a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;
b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave
or grave felonies;
c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.

The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised
Penal Code.
Section 4. Penalty Clause.

(a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested,
detained or under custodial investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a
penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously
convicted of a similar offense. The same penalties shall be imposed upon a public officer or employee, or
anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the commission of an
offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person
arrested, detained or under custodial investigation, or any medical doctor or priest or religious minister chosen
by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at
any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of not less than four
(4) years nor more than six (6) years, and a fine of four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any
detainee or prisoner may undertake such reasonable measures as may be necessary to secure his safety and
prevent his escape
thank you PREPARE FOR QUIZ NEXT MEETING
 CHAPTER 2

Government Programs for the Welfare of the Victims

A. Victims Compensation Program (Department of Justice)

 What is the law creating the Board of Claims?

- Republic Act No. 7309 is the law creating the Board of Claims under the Department of
Justice granting compensation for victims of unjust imprisonment or detention and victims of violent
crimes.

 What is the rationale for the enactment of the law?

- One of the more vexing problems in the area of justice and human rights is the
implementation of the constitutional provision against the deprivation of life, liberty and property
without due process of law. Persons have been accused and imprisoned for crimes they did not
commit, only to be subsequently acquitted. Government and society have become notably indifferent
to victims of crimes and criminals. A judicial way of filing a claim for compensation may be too
long. Congress opted for an administrative procedure of filing the claims by creating the Board
of Claims.
 Who may apply for compensation?

1. A person who was unjustly accused convicted and imprisoned and subsequently released by
virtue of a judgment of acquittal;
2. A person who was unjustly detained and released without being charged;
3. A person who is a victim of arbitrary detention by the authorities as defined in the Revised Penal
Code under a final judgment of the court; or
4. A person who is a victim of a violent crime which includes rape and offenses committed with
malice which resulted in death or serious physical and/or psychological injuries, permanent
incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or
barbarity.

 When should a claim be filed?

The claim should be filed with the Board by the person entitled to compensation under this Act within
six (6) months after being released from imprisonment or detention or from the date he suffered
damage or injury; otherwise, he is deemed to have waived his claim.
 How is a claim filed?

A claimant may file a claim with the board by filling up an application form provided for the purpose with
the Secretariat of the Board of Claims, Department of Justice, Padre Faura Street, Ermita, Manila.
Thereafter, he will be interviewed and he will be duly notified of the action taken by the Board.

 How much is given to a qualified applicant?

For the victims of unjust imprisonment, the compensation shall be based on the number of months of
imprisonment and every fraction thereof shall be considered one month, but in no case shall such
compensation exceed ONE THOUSAND PESOS (P1,000.00) per month. In all other cases the
maximum for which the Board may approved a claim shall not exceed TEN THOUSAND PESOS
(P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for
hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to
the injury, whichever is lower to be determined by the Board.
 When is the effective date of R.A. 7309 for the purpose of processing of applications for
payment of claims?
Sec. 12 of R.A. No. 7309 provides:

"This Act shall take effect after its publication in two (2) newspapers of general circulation."
R. A. No. 7309 was published on 13 April 1992 in the Philippine Star and Philippine Dail Inquirer,
hence, the effectivity day of R.A. No. 7309 is 14 April 1992

The provisions of the Act shall be applied prospectively. All incidents or bases for filing an application
under Sec. 3 of R.A. 7309 must have happened on or after 14 April 1992 and within the period
provided for in No. 4, to be covered by the law.

 May the decision of the Board of Claims be appealed?

Yes, Section 8 provides that: "Any aggrieved claimant may appeal, within fifteen (15) days from
receipt of the resolution of the Board, to the Secretary of Justice whose decision shall be final
and executory."
B. Rape Victim Assistance and Protection

 Republic Act 8505: Rape Victim Assistance and Protection Act of 1998
 Rape Crisis Center. — The Department of Social Welfare and Development (DSWD), the Department of
Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ),
and a lead non-government organization (NGO) with proven track record or experience in handling sexual
abuse cases, shall establish in every province and city a rape crisis center located in a government hospital or
health clinic or in any other suitable place for the purpose of:

a) Providing rape victims with psychological counselling, medical and health services, including their medico-
legal examination;
b) Securing free legal assistance or service, when necessary, for rape victims;
c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;
d) Ensuring the privacy and safety of rape victims;
e) Providing psychological counselling and medical services whenever necessary for the family of rape victims;
(f) Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers,
medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender
sensitivity and legal management of rape cases; and
g) Adopting and implementing programs for the recovery of rape victims.
The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.

Duty of the Police Officer. — Upon receipt by the police of the complaint for rape, it shall be the duty of the
police officer to:

(a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained; otherwise,
the rules of court shall apply;
(b) Arrange for counselling and medical services for the offended party; and
(c) Immediately make a report on the action taken.

It shall be the duty of the police officer or the examining physician, who must be of the same gender as the
offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside
the room where the investigation or medical or physical examination is being conducted.

A women’s desk must be established in every police precinct throughout the country to provide a police woman
to conduct investigation of complaints of women rape victims. In the same manner, the preliminary investigation
proper or inquest of women rape victims must be assigned to female prosecutor or prosecutors after the police
shall have endorsed all the pertinent papers thereof to the same office.
 Protective measures. At any stage of the investigation, prosecution and trial of a complaint for
rape, the police officer, the prosecutor, the court and its officers, as well as the parties to the
complaint shall recognize the right to privacy of the offended party and the accused. Towards this
end, the police officer, prosecutor, or the court to whom the complaint has been referred may,
whenever necessary to ensure fair and impartial proceedings, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation, prosecution or
trial and that the name and personal circumstances of the offended party and/or the accused, or any
other information tending to establish their identities, and such circumstances or information on the
complaint shall NOT be disclosed to the public. The investigating officer or prosecutor shall inform
the parties that the proceedings can be conducted in a language or dialect known or familiar to them.

 Rape shield. — In prosecutions for rape, evidence of complainant’s past sexual conduct, opinion
thereof or of his/her reputation shall not be admitted unless, and only to the extent that the court
finds, that such evidence is material and relevant to the case.
C. Child Protection Program

Executive Order No. 53

Strengthening the Committee for the Special Protection of Children, Amending for this Purpose
Executive Order No. 275 (s.1995)

Role of the CSPC

The CSPC is hereby strengthened and reorganized to effectively function as the body principally
responsible for coordinating and monitoring the investigation and prosecution of cases involving
violations of R.A. No. 7610 and other child-related criminal laws.

Vision
All children in the Philippines and Filipino children elsewhere are protected from all forms of
violence, abuse, exploitation and discrimination.

Mission Statement
Guided by the principles of non-discrimination, best interest of the child, respect for the views
of the child, and the right of the child to life, as well as Article 19 of the CRC, as codified under
RA 7610, the SCPC shall ensure that all children in the Philippines are provided legal protection,
within a child sensitive justice system.
Who is considered a child under R.A. No. 7610?
A child one who is below 18 years of age or one who is over 18 years of age but who cannot
take care of himself fully because of a physical or mental disability or condition.

What is child abuse?

It is any act which inflicts physical or psychological injury, cruelty to or the neglect, sexual abuse of, or which
exploits, a child.

What is cruelty?
It is any word or action which debases, degrades or demeans the dignity of a child as a human being.

Is discipline administered by a parent or legal guardian on a child considered cruelty?

No, if it is reasonably administered and moderate in degree and does not cause physical or psychological injury.

What physical injury is considered as child abuse?

One that causes severe injury or serious bodily harm to child, such as lacerations, fractured bones, burns or
internal injuries.

What psychological injury is considered as child abuse?

One that harms a child's psychological or intellectual functions. This may be exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior or a combination of said behaviors.
What is child neglect?
It is failure of a parent or legal guardian to provide, for reasons other than poverty, adequate food,
clothing, shelter, basic education or medical care so as to seriously endanger the physical, mental,
social and emotional growth and development of the child.

What is child sexual abuse?

It is the employment, use, persuasion, inducement, enticement or coercion of child to engage in, or
assist another person to engage in sexual intercourse or lasciviousness conduct or the molestation
or prostitution of, or the commission of incestuous acts, on, a child.

What is child exploitation?

It is hiring, employment, persuasion, inducement, or coercion of child to perform in obscene
exhibitions and incident shows, whether live, on video or film, or to pose or act as a model in
obscene or pornographic materials, or to sell or distribute said materials
Where can one report child abuse cases?
 Department of Social Welfare & Development or to the Child Health and Intervention
and Protective Service (CHIPS) Tel. No. 734-4216

 Anti-Child Abuse, Discrimination, Exploitation Division (ACADED) National Bureau of Investigation

Tel. Nos. 525-6028/525-8231 loc. 403 & 444
 Commission on Human Rights Child Rights Center Tel. No. 927-4033 (Mon-Fri during office hours)
 Philippine National Police Operation Center Tel. Nos. 712-8613/722-0540 & 724 8749 or nearest
police station.
 DOJ Task Force on Child Protection, Tel. Nos. 523-8481 to 89 or contact the nearest Provincial,
City or Regional Prosecutor.
 Local Barangay Council for the Protection of Children
Who are required by law to report child abuse cases?
The following must report child abuse case:

1. The head of a public or private hospital, medical clinic or similar institution, as well as the
physician and nurse who attended to the needs of the abused child.
2. Teachers and administrators of public schools
3. Parole and probation officers
4. Government lawyer
5. Law enforcement officers
6. Barangay officials
7. Correction officers such as jail guards
8. Other government officials and employees whose work involves dealing with children.

Can then persons named above be charged criminally if they do not report a child
abuse case? - Yes.
Who can file a complaint for child abuse?
The child victim
1. The parent or legal guardian of the victim
2. The grandparent, or relative of the child victim up to a first cousin
3. The Barangay Chairman
4. One of a group of 3 or more persons who have personal knowledge
of the abuse.

Where should a complaint for child abuse be filed?

Your compliant should be filed with the Department of Social Welfare
and Development or with the police or other law enforcement agency.
Protecting Filipino Children From Abuse, Exploitation and Violence

MAJOR STRATEGIES AND CORE INTERVENTIONS (Comprehensive Program on Child

Protection, 2006-2010 Building a Protective and Caring Environment for Filipino Children)

A. Preventive Actions and Early Interventions

1. Sensitizing families, communities and LGUs
2. Facilitating effective access of children at risk to relevant early and basic education and vocational training
3. Equipping children with knowledge and skills to protect themselves
4. Promoting responsible and effective parenting education for families
5. Supporting livelihood activities and facilitating access to credit and employment opportunities
6. Organizing, activating and strengthening local councils for the protection of children

B. Rescue, Recovery, Healing and Reintegration

1. Strengthening monitoring and rescue mechanisms
2. Improved psychosocial recovery and healing services and reintegration of children into their families and
communities
3. Promoting alternative family care for children deprived of a family environment
4. Family and community empowerment to facilitate psychosocial recovery, healing and social reintegration
5. Upgrading technical competencies of program managers, supervisors, social workers, and other service
providers in helping children.
C. Legal and Judicial Protection Measures

1. The review, reform and enactment of laws making them consistent with the principles, provisions
and standards of the Convention on the Rights of the Child and other UN standards on juvenile
justice have gained headway with the passage of Republic Act 9344 or the “Juvenile Justice and
Welfare Act” in April 2006.

2. Specialized and integrated training program for the pillars of the justice system have been
conducted under the auspices of the Philippine Judicial Academy (PJA) of the Supreme Court, the
Institute of Judicial Administration (IJA) of the University of the Philippines (UP), the Department of
Justice (DOJ), the National Bureau of Investigation (NBI), the Philippine National Police (PNP), the
Department of Interior and Local Government (DILG), the Department of Labor and Employment
(DOLE), the Commission on Human Rights (CHR), and law schools such as the Ateneo and UP, with
the support of NGOs such as the Child Protection Unit (CPU) of the Philippine General Hospital
(PGH), among others
Chapter III REVIEW ON THE RELEVANT TOPICS IN INSTITUTIONAL
CORRECTIONS AND NON-INSTITUTIONAL CORRECTIONS
UN’s Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)

Part I. RULES OF GENERAL APPLICATION (Rules 1 - 85)

Part I of the rules covers the general management of prisons, and is applicable to all categories of
prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures” or corrective
measures ordered by the judge.

BASIC PRINCIPLES:

o Rule 1

- All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or
degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.
The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.
o Rule 2.

1.The present rules shall be applied impartially. There shall be no discrimination on the grounds of race, color,
sex, language, religion, political or other opinion, national or social origin, property, birth or any
other status. The religious beliefs and moral precepts of prisoners shall be respected.

2. In order for the principle of non-discrimination to be put into practice, prison administrations shall take account
of the individual needs of prisoners, in particular the most vulnerable categories in prison settings. Measures to
protect and promote the rights of prisoners with special needs are required and shall not be regarded as
discriminatory.

o Rule 3

- Imprisonment and other measures that result in cutting off persons from the outside world are afflictive by the
very fact of taking from these persons the right of self-determination by depriving them of their liberty. Therefore,
the prison system shall not, except as incidental to justifiable separation or the maintenance of discipline,
aggravate the suffering inherent in such a situation.
o Rule 4

1. The purposes of a sentence of imprisonment or similar measures deprivative of a person’s liberty are
primarily to protect society against crime and to reduce recidivism. Those purposes can be achieved only if the
period of imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon
release so that they can.

2. lead a law-abiding and self-supporting life. To this end, prison administrations and other competent
authorities should offer education, vocational training and work, as well as other forms of assistance that are
appropriate and available, including those of a remedial, moral, spiritual, social and health- and sports-based
nature. All such programs, activities and services should be delivered in line with the individual treatment needs
of prisoners.

o Rule 5

1. The prison regime should seek to minimize any differences between prison life and life at liberty that tend to
lessen the responsibility of the prisoners or the respect due to their dignity as human beings.
2. Prison administrations shall make all reasonable accommodation and adjustments to ensure that prisoners
with physical, mental or other disabilities have full and effective access to prison life on an equitable basis.
RULES APPLICABLE TO SPECIAL CATEGORIES (Rules 86 - 122)

Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless,
the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of
prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those
categories and are for their benefit.

A. Prisoners under sentence

B. Prisoners with mental disabilities and/or health conditions
C. Prisoners under arrest or awaiting trial
D. Civil prisoners
E. Persons arrested or detained without charge
 Standards on Human and Prisoner’s Right

INTERNATIONAL HUMAN RIGHTS

STANDARD 1: EQUAL PROTECTION

Everyone is entitled to equal protection of the law, without discrimination on any grounds, and especially
against violence and other threats. Be especially vigilant to protect potentially vulnerable groups such as children, the elderly,
women, refugees, displaced persons, and members of minority groups.

STANDARD 2: RESPECTFUL TREATMENT

Treat all citizens and victims of crime with compassion and respect, with utmost consideration for their
need for safety and privacy.
It must be remembered that under the law, all arrested persons and detainees are still considered
innocent and have the right to due process.
Only the court can determine their guilt or innocence. Even when they are already convicted by the court,
they still have the right to be treated humanely, with full respect and dignity.

STANDARD 3: USE OF FORCE

Do not use force except when strictly necessary and to the minimum extent required under the circumstances.

STANDARD 4: POLICING NON-VIOLENT ASSEMBLIES

Avoid using force when policing unlawful but non-violent assemblies. When dispersing violent assemblies, use force
only to the minimum extent necessary.

STANDARD 5: USE OF LETHAL FORCE

Lethal force should not be used except when strictly unavoidable in order to protect your life or the lives of others.
STANDARD 6: ARRESTING PERSONS ON LEGAL GROUNDS
Only arrest persons if there are legal grounds to do so, and the arrest is carried out in accordance with
lawful arrest procedures.

STANDARD 7: DETAINEES’ RIGHTS

Ensure that all detainees, immediately after their arrest, have access to their family and lawyer. They
must also be given immediate medical assistance whenever necessary.

STANDARD 8: HUMANE TREATMENT OF DETAINEES

All detainees must be treated humanely. Under any circumstances, do not inflict, instigate, nor
tolerate any act of torture or ill-treatment, and refuse to obey any order to do so.

STANDARD 9: REFUSAL TO OBEY UNJUST ORDERS

Do not carry out, order, or cover-up extra-legal killings or enforced disappearance, and refuse to obey
any order to do so.

STANDARD 10: REPORTING VIOLATIONS

Report all violations of these standards to your senior officer and to the nearest Prosecutor’s Office. Do
everything within your ability and authority to ensure steps are taken to investigate violations of these standards.
RIGHTS OF PRISONERS/DETAINESS (US)
As provided for the Constitution. ‘The State values the dignity of every human person and guarantees full respect
for human rights”. An individual, through in Prison does not lose his inherent rights to dignity and his other human
rights regardless of what he or she may have done or whatever political convictions he may have.

1. Right to be free from personal abuse and right to be protected against the following:
1. any deprivation of his basic needs under normal situation
2. corporal punishment
a. use of physical force
b. solitary confinement or segregation as positive measures
2. Right to Good Conduct Time Allowance (GCTA) for good behavior
3. Right to have access to the following as far as practicable:
a. medicine and health services
b. rehabilitation program
c. visitation(conjugal) and mail services
d. free legal services and materials
4. Right to exercise his religious beliefs
5. Right to air grievances and complain through proper authorities
6. Right of women offenders to be personally attended/supervised by women officer, without prejudiced to male
doctors, nurses and social welfare officers from carrying out their professional duties in the institution for women
7. Right of foreign nationals to communicate with their diplomatic and consular representative
EXISTING MEASURES PROTECTING AND PROMOTING THE RIGHTS OF
DETAINESS AND PRISONERS

1. upgrading of prison facilities

2. strengthening rehabilitation strategies
3. decongestion of prison / jails
4. PD 28 and Act establishing Seven regional Prisons and Converting Existing
National Penal Institutions into Regular Prisons and Penal forms
5. transfer of prisoner to other prisons where opportunities for rehabilitation are better
and prison conditions are less congested
6. PD 698 as amended, Known as the Adult probation Law
provision of education and training for inmates at the Medical Security Cpd., WBP
7. Passage of RA 6975, Department of local Interior and Local Government Act of
1990 which provided for the creation of the Bureau of Jail Management and
Penology
8. Creation of the assistance and Visitorial Services by Commission on Human Rights
to Monitor Jails and Detention Centers in the Country
RIGHTS OF INMATES (Philippines)

Although the purpose for committing a person to jail is to deprive him/her of liberty in order to
protect society against crime, such person is still entitled to certain rights even while in detention. These
rights are:

1. The right to be treated as a human being, and not to be subjected to corporal punishment;
2. The right to be informed of the regulations governing the detention center;
3. The right to adequate food, space and ventilation, rest and recreation;
4. The right to avail himself/herself of medical, dental and other health services;
5. The right to be visited anytime by his/her counsel, immediate family members, medical doctor or
priest or religious minister chosen by him or by his immediate family or by his counsel;
6. The right to practice his/her religious beliefs and moral precepts;
7. The right to vote unless disqualified by law;
8. The right to separate detention facilities or cells particularly for women inmates; and
9. If a foreigner, the right to communicate with his/her embassy or consulate.
PRIVILEGES ALLOWED THE INMATES - Detainees may enjoy the following privileges:

a. To wear their own clothes while in confinement;

b. To write letters, subject to reasonable censorship, provided that expenses for such correspondence
shall be borne by them;
c. To receive visitors during visiting hours. However, visiting privileges may be denied in accordance with
the rules and whenever public safety so requires;
d. To receive books, letters, magazines, newspapers and other periodicals that the jail authorities may
allow.
E. To be treated by their own doctor and dentist at their own expense upon proper request from and
approval by appropriate authorities;
f. To be treated in a government or private hospital, provided it is deemed necessary and allowed by the
rules;
g. To request free legal aid, if available;
h. To sport hair in their customary style, provided it is decent and allowed by the jail rules;
i. To receive fruits and prepared food, subject to inspection and approval by jail officials;
j. To read books and other reading materials available in the library, if any;
k. To maintain cleanliness in their cells and brigades or jail premises and perform other work as may be
necessary for hygienic and sanitary purposes;
l. To be entitled to Good Conduct Time Allowance (GCTA) as provided by law; and
m. To be utilized as jail aides as designated by the warden himself, with the CONSENT OF THE
INMATE/INMATES or upon the recommendation of the personnel.
Penology

Penology is the study of punishment for crime or of criminal offenders. It includes the study of control and
prevention of crime through punishment of criminal offenders. It is a term derived from the Latin word “POENA”
which, means pain or suffering.

Penology is also otherwise known as Penal Science. It is actually a division of criminology that deals with
prison management and the treatment of offenders and concerned itself with the philosophy and practice of society
in its efforts to repress criminal activities.

Principal Aims of Penology:

1. To bring light in the ethical barriers of punishment, along with the motives and purposes of society inflicting it.
2. To make comparative study of penal* laws and procedures through history between nations.
3. To evaluate the social consequences of the policies enforced at a given time.

Penal Management

Penal management is the manner or practice of managing or controlling places of confinement as in jails or prisons.
CORRECTION

Correction is a branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration, which utilizes the body of
knowledge and practices of the government and the society in the general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and control.

Correction as a Process

Correction as a process 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
of reformation.

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.
Correction and the Criminal Justice System

The Criminal justice System is the machinery of any government in the control and prevention
of crimes and prevention of crimes and criminality. It is composed of the pillars of justice such as: the
Law enforcement Pillar (Police), the Prosecution Pillar, the Court Pillar; the Correction Pillar, and the
Community Pillar.

Correction as one of the pillars of Criminal Justice system is considered as the weakest pillar.
This is because of its failure to deter individuals in committing crimes as well as the reformation of
inmates. This is evident in the increasing number of inmates. This is evident in the increasing number of
inmates in jails or prisons. Hence, the need of prison management is necessary to rehabilitate inmates
and transform then to become law-abiding citizens after their release.

Correction is the fourth pillar of the criminal justice system: this pillar takes over 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 rehabilitation. The offender could
avail of the benefits of parole or executive clemency once he has served the minimum period of his
sentence
TREATMENT AND PUNISHMENT

PUNISHMENT- a redress that the state takes against an offending member of the society usually involves pain or
suffering.

PENALTY- Suffering inflicted by the state against an offending member for the transgression of law.

TREATMENT

- The process or manner of treating someone or something.

- It is used in treating, enhancing, or improving the performance, condition, or appearance of someone or
something

Classifications of Correction/Treatment

a. Institutional Correction
- The rehabilitation of offenders in jail or prison.
B. Non-Institutional Correction
- Refers to correctional activities that may take place within the community.
Three aims of Correction Reforms

1. To provide judges with more options to deal with offenders through the use of probation, day fines,
commitment to community treatment centers, pre-trial release, and other measure short of
imprisonment.

2. To improve conditions in prison and jails, including decongestion, improved housing, more effective
medical, educational, vocational training, rehabilitation services.

3. Establishing an integrated correctional system that will ensure the development of a unified
philosophy of treatment, implementation of uniform standards and policies, efficient delivery of services
to offenders while at the same time protecting the interests and welfare of society

Community-based treatment programs provide services to offenders in transition from institutional

settings.
Different Types of Criminal Punishment

The following are five of the most commonly seen types of criminal punishment:

Incapacitation
Incapacitation seeks to prevent future crime by physically moving criminals away from society. This
punishment can be traced to ancient times, Terance Miethe and Hong Lu write in Punishment: A Comparative
Historical Perspective. Banishment was a common penalty in antiquity. Later, it was common for colonizing
European countries to ship convicts and undesirables overseas. In modern times, house arrest, incarceration and
the death penalty are all forms of incapacitation.

Deterrence
The goal of deterrence is to persuade citizens and possible offenders or re-offenders to conform to the
rules of law. Miethe and Lu explain that four types of deterrence are generally recognized:

1.) Specific deterrence analyzes how effective punishment is on an individual’s future behavior.
2.) General deterrence seeks to understand how individual punishment can deter others from committing crimes.
3.) Marginal deterrence seeks to reconcile how effective different types of punishment are as either specific or
general deterrence.
4.) Partial deterrence refers to situations in which the threat of penalty has some deterrent value even when
someone engages in illegal behavior. (For example, a criminal simply robbing a victim, instead of also causing
physical harm.

The effectiveness of deterrence as a criminal punishment is difficult to assess because people may follow
the law for other reasons that may be challenging to track such as religious or moral beliefs, physical incapacitation
or lack of opportunity.
Retribution
- As one of the oldest forms of punishment, retribution has roots in the Judeo-Christian tradition of justice.
In her book Criminal Law, Lisa M. Storm explains that retribution prevents crime by giving victims or society a
certain sense of satisfaction that a defendant has been punished appropriately, reinforcing the belief that the
criminal justice system is working effectively. Modern examples of retribution include the widespread practices of
imposing fines, as well as enforcing mandatory sentencing policies for certain offenses under the law. As an
effective punishment, retribution has been criticized as being overly rigid and limited in its capacity to change
societal behavior. However, it remains popular.

Rehabilitation
- A common prison policy in America up until the 1970s, rehabilitation focuses on helping criminals and
prisoners overcome the barriers that led them to committing criminal acts. This includes developing occupational
skills, as well as resolving psychological issues such as drug addiction and aggression, explains the American
Psychological Association (APA). Considered the opposite of retribution, the ultimate purpose of rehabilitation is to
transition offenders back into society. The APA reports that in examining massive data, individualized approaches to
crime, complemented with community-based approaches, can prove effective in reducing offender recidivism.

Restoration
- A radically different approach to criminal punishment, the goal of restoration is for the offender to make
direct amends to both the victim and the community in which the crime was committed. Although a relatively new
practice in modern times, the concept of restorative justice can be found in the early legal systems of Western
Europe, ancient Hebrew justice and pre-colonial African societies.

- During the process of restoration, victims initiate a process in which both they and the offender meet to
share feelings and concerns. The dialogue offers victims the opportunity to be heard and the offender to make
amends and receive forgiveness. Restorative justice is often used in crimes involving youth offenders.
 MODALITIES IN THE TREATMENT OF OFFENDERS IN THE PHILIPPINES

REHABILITATION

- helps ease the offender's reentry into society

- Cares that can help you get back, keep, or improve abilities that you need for daily life.
- These abilities may be physical, mental, and/or cognitive (thinking and learning)

COUNSELLING

- Counselling is a form of ‘talk therapy’. It is a process where an individual, couple or family meet with a
trained professional counsellor to talk about issues and problems that they are facing in their lives. Professional
counselling is confidential and non-judgmental.

PUNISHMENT

- The act or process of punishing, imposing and/or applying a sanction.

Like many countries, the correctional system in the Philippines has both an institution-based and a community-
based component. It also has separate treatment systems for youth offenders and adult offenders. The custodial
care of adult offenders is handled by the following:
The three (3) executive departments of the government. (Implementation)

1. DOJ - manages the national prisoners

A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so they can
become useful members of society upon completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President the prisoners who are qualified
for parole, pardon or other forms of executive clemency in the form of reprieve, commutation of sentence,
conditional pardon and absolute pardon.
C. Parole and Probation Administration (PPA) - conducts post-sentence investigation of petitioners for
probation as referred by the courts, as well as pre-parole/pre-executive clemency investigation to determine the
suitability of the offender to be reintegrated in the community instead of serving their sentence inside an institution
or prison; exercise general supervision over all parolees and probationers and promotes the correction and
rehabilitation of offenders outside the prison institution.

2. DILG - manages inmates who are undergoing investigation, awaiting or undergoing trial, awaiting final judgment
and those who are convicted by imprisonment of up to three (3) years.
A. Bureau of Jail Management and Penology (BJMP) has jurisdiction over all municipal, city and district jail
national wide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention facilities in its different police stations
nationwide.
3. DSWD - manages sentenced youth offenders
Standards on Treatment and Rehabilitation of Prisoners/Inmate/PDL

A. Safety and Orderly

Security – it involves safety measures to maintain the orderliness and discipline within the jail or prison.
Prison Discipline – It is the state of good order and behavior. It includes maintenance of good standards of works,
sanitation, safety, educational, health and recreation. It aims atself-reliance, self-control, self-respect and self-
discipline.
Preventive Discipline – is the prompt correction of minor deviations committed by prisoners before they become
serious violations.
Control – It involves supervision of prisoners to ensure punctual and orderly movement from one place work
program or assignment to another.

Aims of Institutional Security and Control

1. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order
Essential Requisites for Sound Custody, Security and Control

1. Adequate system of classification of prisoners

2. Regular inspections
3. Adequate system of counting
4. Set of rules of control and safety precautions
5. Plan for the control of contraband and equipment
6. Keying system
7. Emergency plans

Custody – is the guarding or penal safekeeping, it involves security measures to ensure security and control within
the prison. The Prison Custodial Division carries it out. The Prison Custodial Division is charged of all matters
pertaining to the custody of the Prisoners and security of the institution.

Disciplinary Board
The board is tasked to implement discipline inside the jails just in case there are violation of existing rules and
policies.

COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, social worker/rehabilitation officer
Functions of the Disciplinary Board
- The Warder tasks the Board to investigate the facts regarding the alleged misconduct referred to it. It
holds sessions as often as necessary misconduct referred to it. It holds sessions as often as necessary in a room
that may be provided for the purpose. All cases referred to it must be heard and decided within 48 hours from the
date of the receipt of the case.

The board is tasked to investigate the facts of the alleged misconduct referred to it by the warden:

Authorized Disciplinary Penalties:

 Reprimand
 Temporary or permanent cancellation of some or all recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement
 Transfer to another facility with court coordination

Limitation of Punishment
 No female inmate is subjected to any disciplinary punishment which might affect her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with punishment corporal and inhuman punishment is
prohibited
 Medical examination is required when solitary or extra fatigue punishment is imposed
 Jail physician may recommend termination of punishment on grounds of physical or mental health
Procedure in Hearing Disciplinary Cases

 The aggrieved inmate 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 employees knows of the violation committed by the inmate, a brief
description of the circumstances surrounding or leading to the reported violation and all facts relative to the case
shall be made.

 The desk officer shall simultaneously inform the warden station/ substation commander, as the case may be and
shall immediately cause the investigation. He shall submit to the warden his report together with his
recommendations.

 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 violation. If the case is less grave or grave, he shall endorse it to the
board for hearing or decide it himself as a summary disciplinary officer if there is no disciplinary board.

 The inmate shall be confronted to the reported violation and ask how he pleads to the charge. If he admits the
violation or pleads guilty, the board shall impose the corresponding punishment.
 If the inmate denies the charge, the hearing shall commence with the presentation of evidence and
other witnesses by the desk officer. The inmate shall then be given the opportunity to defend himself by
his testimony and those of his witness, if any, and to present other evidences to prove his innocence.

 After the hearing, the board shall decide the case on the merits.

 Whether the inmate is found guilty or not, he should be advised to obey the rules and regulations
strictly and reminded that the good behavior is indispensable for his early release and or the granting of
privileges.

 Decision of the board/ summary disciplinary officer is subject to the review and approval by the
warden and/or the higher authority. The inmate may request a review and approval by the and/ or the
higher authority. The inmate may request a review on the findings of the board and the propriety of the
penalty to the central office, BJMP decision shall be final.

Note: Punishable acts inside the jail are categorized into three which are Minor Offenses, Less Grave
Offenses and Grave Offenses.
Commitment and Classification of Prisoners and Detainees

- A person can be committed to jail only upon the issuance of an appropriate order by a competent court or authority
so mandated under Philippine laws. This Rule enumerates courts and authorities, and classifies inmates according
to the conditions for their commitment.

Commitment - means entrusting for the confinement of an inmate to a jail by competent court or authority, for the
purposes of safekeeping during the pendency of his/her case.

Courts and other Entities Authorized to Commit a Person to Jail- The following (courts and entities) are authorized
to commit a person to jail:

a. Supreme Court;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest and commit a person to jail.
Classification - refers to assigning or to grouping of inmates according to their respective penalty, gender, age,
nationality, health, criminal records, etc.
Categories of inmates -The two (2) general categories of inmates are:

a. Prisoner - inmate who is convicted by final judgment; and

b. Detainee - inmate who is undergoing investigation/trial or awaiting final judgment.

Classification of prisoners - The four (4) main classes of prisoners are:

a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one (1) day to reclusion
perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one (1) day to three (3)
years;
c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3) years; and
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6) months.

Classification of detainees - The three (3) classes of detainees are those:

a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Inmates Security Classification-The following are the classifications of inmates according to security risk each
may pose:

a. High Profile Inmate - those who require increased security based on intense media coverage or public concern
as a result of their offense such as but not limited to those who have been involved in a highly controversial or
sensationalized crime or those who became prominent for being a politician, government official, multi-million
entrepreneur, religious or cause-oriented group leader and movie or television personality.

b. High Risk Inmate - those who are considered highly dangerous and who require a greater degree of security,
control and supervision because of their deemed capability of escape, of being rescued, and their ability to launch
or spearhead acts of violence inside the jail. This includes those charged with heinous crimes such as murder,
kidnapping for ransom, economic sabotage, syndicated or organized crimes, etc. Also included are inmates with
military or police trainings or those whose life is in danger or under imminent threat.

c. High Value Target (HVT) - a target, either a resource or a person, who may either be an enemy combatant, high
ranking official or a civilian in danger of capture or death, typically in possession of critical intelligence, data, or
authority marked as an objective for a mission and which a commander requires for the successful completion of
the same.

d. Security Threat Group - any formal or informal ongoing inmates’ group, gang, organization or association
consisting of three or more members falling into one of the following basic categories: street gangs, prison gangs,
outlaw gangs, traditional organized crime, aboriginal gangs, subversive groups and terrorist organizations.
e. Subversive Group - a group of persons that adopts or advocates subversive principles or policies tending to
overthrow or undermine an established government.

f. Terrorist Group - a group of persons that commits any of the following: piracy and mutiny in the high seas or in
the Philippine waters, rebellion or insurrection, coup d’état, murder, kidnapping and serious illegal detention, crimes
involving destruction, arson, hijacking, violation of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and antihighway robbery, illegal and unlawful
possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions or explosives.

g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies are considered far outside
the mainstream attitudes of the society or who violates common moral standards and who has adopted an
increasingly extreme ideals and aspirations resorting to the employment of violence in the furtherance of his/her
beliefs.

h. Medium Risk Inmates -those who represent a moderate risk to the public and staff. These inmates still require
greater security, control and supervision as they might escape from and might commit violence inside the jail.

i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser tendencies to commit offenses
and generally pose the least risk to public safety. In most cases, they may be first time offenders and are charged
with light offenses
 PDLs Admission Process and Procedures in the BJMP, Provincial Jails & BUCOR

The Classification Movement

- The reorganization or the federal prison system in 1930, stared the movement for modern correctional reforms. The
most recent developments in individualization of treatment and training of prisoners. State correctional system have adopted
California’s system of diversification by institution and diversification within the institution in the year 1944. Today, no prison
system which has effectively without this program. Through such reorganization the Reception and Guidance Center was
established. It’s a new type of institution for the study of the prisoner and preparation of his treatment and training program in
prison.

Classification and Diversification Difference

Classification
- Is the placing of prisoners into types or categories for the implementation of the best treatment programs. It is a
method by which diagnostic treatment planning and execution of treatment programs are coordinated in individual cases.

Diversification
- Is an administrative device of correctional institutions of providing varied and flexible types of physical plants for more
effective control of the treatment programs of its diversified population. It is the separation of different types of inmates for sound
execution of their treatment and custody.

The Classification Process

- The rehabilitation program of the prisoner is carried through process of classification is more than placing prisoners
into types or categories it is a method by which diagnosis, treatment and planning and execution of treatment program are
coordinated in the individual care.
Objectives of Classification Process

- The objectives of classification are the development of an integrated and realistic programs of
the prisoner arrived at through the coordination of diagnosis, planning and treatments activities and an
informed continuity of these activities from arrival to release of the prisoner.

The Three Phases of Classification

1. Diagnosis- this done inside the reception center in which the inmates will undergo series of test, e.g.
physical, mental and medical examination in other to determine the inmates condition.

2. Treatment Planning- this will take place in the reception center, which is a special unit from the
prisoner or in the classification clinic of the prison. (After the staff interview and staff conference is
done, it will be then part of the admission summary).

3. Execution of the Treatment Program- this will take place in the operating institution or prison.
Admission Procedure in Prison

 Receiving – prisoners from city or provincial jails were transferred in the national prison after conviction by final
judgment if the penalty is more than three years. The prisoners are received at the reception and diagnostic Center
for examinations.
 Checking – this includes the checking of papers and other documents of prisoner by the prison administrator,
such as travel document or commitment order issued by judge.
 Identification – proper identification of prisoner is done through his picture and fingerprint.
 Searching – this involves frisking and searching hidden dangerous things or weapons and other contraband.
 Orientation – this is the reading of rules and regulations of the prisons.
 Assignment – prisoner is sending to quarantine unit for a period of seven to ten days.

Classification of Inmates as to Entitlement of Privileges

 Detainee;
 Third Class inmate – one who has either been previously committed for three (3) or more times as a sentenced
inmate, except those imprisoned for non-payment of a fine and those who had been reduced from a higher class;
 Second Class inmate – a newly arrived inmate; an inmate demoted from first class; or one promoted from the
third class;
 First Class inmate – one whose known character and credit for work while in detention earned assignment to
this class upon commencement of sentence; or one who has been promoted from the second class.
 Colonist.
Qualifications of a Colonist
 be at least a first-class inmate and has served one (1) year immediately preceding the completion of the period
specified in the following qualifications;
 has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum term of his
prison sentence, or seven (7) years in the case of a life sentence.

Privileges of a Colonist
 Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside
from the regular GCTA authorized under Article 97 of the RPC (not applicable under present law);
 Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years;
 As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily
household supplies from the government commissary in addition to free subsistence; and
 To wear civilian clothes on such special occasions as may be designated by the Superintendent.

Privilege of an Inmate in Visiting Relatives Who Died

 To view the remains of a deceased relative and all its supporting documents shall be filed with the Superintendent
at least two (2) days before the enjoyment of the privilege sought.
 Inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the remains
lie in state.
 The privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers by
road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be extended if the
inmate can leave and return to his place of confident during the daylight hours of the same day.
Time-Release Education

- Thirty (30) days prior to his scheduled date of release, an inmate is transferred to the Separation and
placement Center for the purposes of reorientation with the ways of free society. Service of Non-Governmental
Organization and their religious sector are made possible to the offenders prior to release from prison to assist in
their reintegration to society.

Release

The authorities who approve the release of an inmate are:

The Directors of the Bureau of Corrections upon the expiration of the sentence of the prisoner.
The Board of Pardons and Parole in Parole case.
The Supreme Court of the Philippines or lower court in cases of acquittal of the accused prisoner or grant of bail.
The President of the Philippines in cases of Executive Clemency or Amnesty.

A release prisoner is supplied by the bureau with transportation fare to his home plus gratuity of fifty pesos (P50.00)
to cover the cost subsistence en route, and suit of decent clothes.
Guidelines in Reception and Admission Procedures in Jails

Step 1. Checking of Credentials by the Desk Officer:

Carefully Examines the Following Documents:

 Commitment Order/ Mittimus;
 Information;
 Medical Certificate
 Police Booking Sheet

Entries to be scrutinized in the documents:

 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal
Step 2. Search of detainee/prisoner by the Searcher

 Strip Searching of Detainee/Prisoner;

 Taking all cash and other personal property from the inmate and issue receipt;
 Turn -over all cash and valuables of the inmate to the Property Custodian for safe
keeping with official receipts.

Step 3. Physical examination/appraisal by the Jail Medical personnel

 Conduct a thorough medical examination of the inmate and check for body
vermin, cuts, bruises and other injuries and for needle marks to determine if he/she is a drug
dependent.
 Observe the mental alertness, overall appearance, physical abnormalities, rashes, scratches or other
identifying marks of the inmate.
 Inmate found with contagious disease or with psychological problems be immediately
isolated/segregated from other inmates.
 A medical record is accomplished to include medical history (Vital Signs: PB, Pulse Rate &
Temperature)
 Compare the findings with the medical certificate Issued by the Medico-legal Officer upon his entry in
jail.
Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and complete the
documents required in the Carpeta.

Accomplish the Following Documents:

 Fingerprint Specimen Sheet;
 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;

Step 5. Orientation of inmate to jail rules and policies and about Article 29 of the RPC/ R.A. 6127
(detainee’s manifestation) by the chief custodial or the officer of the day.

- Appraise the detainee, preferably in the dialect which he/she understands, that under Article
29 of the Revised Penal Code, as amended by R.A. 6127, that his her preventive imprisonment shall be
credited in the service of his/her sentence, consisting of deprivation of liberty for the whole period
he/she is detained if he/she agrees voluntarily in writing to abide by the same disciplinary rules imposed
upon convicted prisoners; Provided, that he/she is not a recidivist, or has not been previously convicted
twice or more times of any crime; and when, upon being summoned for the execution of his/her
sentence, he/she surrendered voluntarily.
Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

a. Chairman- Deputy Warden

b. Member- Chief, Custodial/Security Office
c. Member- Medical Officer/ Public Health Officer
d. Member- Jail Chaplain
e. Member- Inmates Welfare and development Officer
Chapter IV TREATMENT PROGRAMS AND REHABILITATION OF THE
DIFFERENT CONFINEMENT FACILITIES
Step 6. Classification and Segregation of Newly Detained Inmate

Composition of the Classification Board:

a. Chairman- Deputy Warden

b. Member- Chief, Custodial/Security Office
c. Member- Medical Officer/ Public Health Officer
d. Member- Jail Chaplain
e. Member- Inmates Welfare and development Officer