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CORRECTION ADMINISTRATION

(INSTITUTIONAL CORRECTION) The Hittites


 About two centuries after the Hammurabi, the
CORRECTION - A branch of the Criminal Justice System Hittites flourished ev en though part of their codes
concerned with the custody, supervision and rehabilitation was discov ered, few of its prov isions are
of criminal offenders. deciphered. What was observed in the code of
 Correction came from the root word “CORRECT” the Hittites is a great Importance of morality. It only
which mean “to right a wrong. shows that ev en during the ancient time, v alues
are greatly different from one group to other.
CORRECTIONAL ADMINISTRATION - the study and practice
of a system management of jails or prisons and other Highlights of the laws of the Hittites:
institution concerned with the custody, treatment and o capital punishment was used for many offenses,
rehabilitation of criminal offenders. except for homicide or robbery
o rape, sexual intercourse with animals, defiance of
PENOLOGY – is the study of punishment of crime or of the authority and sorcery were all punishable by
criminal offenders. It includes the study of control and death
prev ention of crime through punishment of criminal o the law of homicide prov ided for the restitution to
offenders. the v ictim’s heirs
 The term deriv ed from the Latin word “poena” o law enforcement and judicial functions were
which means “Punishment” pain or suffering. placed in the hands of commanders of military
 Penology is otherwise known as Penal Science. garrisons
 (Classical Doctrine Influence)
The Religious Codes
PENAL MANAGEMENT – refers to the manner or practice of  The book of Deuteronomy, the fifth book in the
managing or controlling places of confinement as jails or Bible, contains the basis of the Jewish laws; one of
prisons. the most prev ailing theories is that of the Ten (10)
Commandments found in Chapter XII and XXVII.
Functions of Corrections (MPRD) This is a form of cov enant between God and the
 Maintenance of Institution people of Israel, giv en to Mosses on the mountain
 Protection of law-abiding members of society top (Mt. Sinai).
 Reformation and Rehabilitation of offenders  The counter part of this in the Islamic countries is
 Deterrence of Crimes the book of Koran, which has so much in parallel
to the Christian and Jewish culture. Although it wil
It is also include different theoretical approach: be observ e that the Koran is more specific on
1. Classical theory three kinds of offenses: Homicide, theft and
2. Neo-Classical theory adultery. The Koran is of div ine origin and it is said
3. Positiv ism theory to hav e been giv en by Allah to Prophet
4. Nature theory Mohammed.
5. Nurture theory
6. Masculinity Hypothesis The Greek
7. Psychoanalytic Theory  The Code of Drakon “ULTIMATE SEVERITY” and the
8. Social Disorganization Theory Solon are the two of the most famous codes of
9. Differential Association Theory Greek at about sev enteenth century B.C. The
10. Demonological Theory Drakon comes first and later repealed by the
11. Social Bond Theory Solon code except for some offenses still the
12. Neutralization Theory “Drift Theory” principle of Talion was carried in these codes.
13. Subculture Theory
14. Imitation Theory Highlights of the Code of Drakon:
15. Cultural Transmission o death was the punishment for almost ev ery
16. Stain Theory offense
17. Doing Gender o murderers might av oid execution by going into
18. Aging out phenomenon exile; if they return to Athens, it was not a crime to
19. Differential Opportunity theory kill the
20. Containment Theory o death penalty was administered with great
brutality
HISTORICAL DEVELOPMENT OF CORRECTIONAL SYSTEM
LAWS OF SOLON
Code of Hammurabi  Solon was appointed archon and was given
 The Law of the Talion (Lex Taliones) of the principle legislativ e powers
of “tit for tat” (“eye for an eye” or tooth for a  Solon repealed all the laws of the Code of Drakon,
tooth”) is one of the principle that can be viewed except the law on homicide
from most of the prov isions of the code of  Solon was one of the first to see that a lawgiv er
Hammurabi especially on sections inv olv ing had to make laws that applied equally to all
punishments are either death or mutilation. citizens and also saw that the law of punishment
 Hammurabi, the king of Babylon during the had to maintain proportionality to the crimes
eighteenth century BC, is recognized as the first committed
codifier of laws
 It prov ides the first comprehensive view of the laws Highlights of the Laws of Solon:
in the early days o the thief was required to return stolen property
 The Code was carved in stone and pay the victim a sum equal to twice its v alue
 Under the principle of the law of talion, the o for the crime of temple robbery, the penalty was
punishment should be the same as the harm death
inflicted on the v ictim o for rape of a woman, the penalty was a fine of
certain amount
Highlights of the Code of Hammurabi:
a) compensation to the v ictim of a robbery by the Rome and the Criminal law (the twelve tables)
authorities of the city in which the robbery  Other codes, the Roman law has the longest
occurred if the thief was not caught influenced ov er many criminal laws, it begins with
b) the killer is answerable not to the family of the the Twelv e Tables of Wood, prepared in 451-450
v ictim but to the king B.C.
c) death was the penalty for robbery, theft, false  Presentation of the earliest Roman Codified laws,
witness, building a house that falls on its owner (if until it is largely incorporated into the Justinian
t he house should collapse and kill t he owner’s son, Code finished in 529 and was revised in the next
t he son of t he builder would be the one executed) four (4) decades. Most of the English common law
d) a son who struck his father would suffer the and Western World legal codes were said to have
amputation of a hand been deriv ed from it.
e) if in an assault a v ictim’s bone was broken, the  Roman law began with the Twelv e Tables which
same bone of the assailant would be broken were written in the middle of the sixth century BC

Compendium of Correctional Administration (CA)


 the Twelv e Tables were the foundation of all laws Old “Hulk”- (Abandoned and unsuitable transport ships) =
in Rome and written in tablets of bronze was conv erted as prison in order to ease the congestion in
 the Twelve Tables were drafted by the Decemvirs, prison. But this resulted into a more degrading life for both
a body of men composed of patricians prisoners and guards to the point that they call is the
“floating hell”. This ev en last for 85 years and no
Highlights of the Twelve Tables: segregation was made between youth, man and woman.
o if a man break another’s limb and does not
compensate the injury, he shall be liable to Later part of the 18th Century - Considered as the great
retaliation transition and also known as the “Age of Reason or Age of
o a person who committed arson of a house or a stack Enlightenment” Baron de Montesquieu and Voltaire, took
of corn shall be burned alive activ e part in making reforms in criminal law and procedure
o judges who accepted bribes as well as those who by stimulating the crusading zeal of an Italian Philosopher
bribed them were subject to execution named Cesare Becarria. (BOARD QUESTION)
o any act of treason was punishable by crucifixion
1870 to 1880 - The Golden Age of Penology (BOARD
The Punishment in the Middle Age to the Criminal Law and QUESTION)
Deterrence.
“On Crimes and Punishment, 1764” - Becarria’s great
After the fall of Rome in the fifth century A.D. - To the contribution to correction/penal system. A direct result of
beginning of the Middle Ages in the thirteenth century, protest ov er cruelties and inequalities of the law and the
submerging Europe to the “Dark Ages” the roman laws courts. Its essential principles are follows:
were almost forgotten and strongly rev ived only during the
Renaissance and Reformation and on to the Eighteenth  The basis of all social action must be the Utilitarian
and nineteenth centuries. concept, with emphasis on behavior that must be
useful, purposeful and reasonable.
“Act of the Punishment of Roque, Vagabonds and sturdy  Crime must be considered an injury to the society and
Beggars” (1597) Bridewell Institution its extent should be rationally measured.
Law that was enacted during the reign of King  Prev ention of crime is more important than punishment
Henry VII (1509-1947) under his daughter Elizabeth I. It for crime.
mandates that beggars should be return to their birth  Secret Accusation and torture should be abolished as
place, kept in jail or house of correction until they could be a part of criminal procedure. Speedy trial should be
put to work. These became later the basis of transportation promoted and accused should be treated humanely
of criminals beyond the seas, as an alternative to corporal before trial.
punishment.  Punishment is justifiable only on the supposition that it
helps deter a person from committing a crime. No
The Former Royal Palace of Bridewell, London (1557) capital punishment. Life Imprisonment is a better
Was the first work house for “poor and idle deterrent. Banishment is an excellent punishment for
people”. 1602, Elizabeth I proclaimed that those prisoners crimes against state. Crimes against property should
who are not conv icted of murder, rape or burglary be sent be punished by fine or imprisonment only w hen the
to the Galleys to work as slav e or oarsman to row naval person is incapable of paying the fine. Capital
v essel and may ev en yield some profit out of their punishment is irreparable and hence no provision for
punishment. possible mistakes and the desirability or later reflection.
 Imprisonment should be more widely employed but its
In 1703 - Pope Clement has Hospice de San Michelle in mode of applications should be greatly through
Rome. The prisoners were classified according to their age prov iding better physical quarters and by separating
and crime they had committed. This placed was designed and classifying the prisoners into age, sex and degree
for incorrigible youths under 20 years of age and on top of of criminality.
their doors an inscriptions is written which reads, – “ It is
insufficient to restrain the wicked by punishment unless you Jeremy Bentham –
render them virtuous by corrective discipline.” At night they o “Greatest Happiness Principle” and
pray and sleep on separate cells for repentance but at day o Hedonistic calculus (Felicific Calculus)
time work in a large central hall isolation, solitary work in the o Utilitarianism
cells, bread and water diet, floggings and the black hole o further dev eloped the Classical School of
were some of the punishment, In 1735 Clement XII Criminology/Penology,
established an institution for woman based on the work of o student of Beccaria
John Howard. o The concept of pain and pleasure.
o He also designed the Panoptican Prison
In 1773, John Howard (1726-1790) (High Sheriff of
He saw punishment into four (4) objectives:
Bedfordshire)
As a young man he trav eled to Europe hoping to a. To prev ent all offenses , if possible
b. If a person chooses to commit an offense,
help in the relief of Lisbon after the disastrous earthquake of
punishment will persuade him to commit a less
1755. He was captured by the French and was held prisoner
rather a more serious one;
for two months in conditions of great barbarity. Lucky he
c. When a person made up his mind to commit a
was returned to England as exchange prisoner. Having
particular offense, punishment will disposes him to
been influenced by Beccaria and through his own
do more mischief than is necessary to his
experience he wrote a book entitled “ The State of the
purposes;
Prisons in England and Wales” which makes him known as
d. To prev ent the crime at as cheap a rate as
one of the greatest prison reformer.
possible.
18th Century
William Penns -“The Great Law” of the Pennsylv ania Tuakers,
Considered to be one of the most brutal ages for
punishing criminals. A combination of the Old and New prov iding more human treatment of offender. He is also
system. Flogging was the most popular method of corporal responsible to the abolition of death penalty.
punishment. Hanging is publicly done just like a scenario in
a carniv al where the phrase gala day, gala occasion was The two rival prison
derived from the word gallaome.
Auburn System (1819)- Confinement of the prisoners in a
single cell at night and congregate work in shops during the
1718 - Punishment and transportation of criminals from
day. (Adopted by United States).
England to America became a practice although it was
abruptly halt in 1778 due to American Rev olution leading
Pennsylvania System (1829) - Confinement of prisoners in
England to div ert her conv icts to Australia and New
their own cells day and night (adopted by European
Zealand.
Countries).
Mid of the 19th Century (1875)- Transportation system was
finally abandoned but over 135,000 felons had been sent to Both Auburn and Pennsylvania observe complete silence
Australia and New Zealand.
Mariel Montesinos - (Director of the Prisons of Valencia,
Spain in 1835) div ided prisoners into companies and
appointed a prisoners a petty officer in charge. Academic

Compendium of Correctional Administration (CA)


classes of one hour a day more giv en all inmates under 20 formerly known as “Mayhaligue Estate, and intentiv ely for
years of age. boys town but now it is currently known City Jail.

Domets (France) - Established agricultural colony for San Ramon Prison and Penal Farm -On August 21, 1870, was
delinquent boys in 1839 focus on re-education. Once established to confine Muslim rebels and intractable
discharged, the boys placed under the superv ision of a political prisoners opposed to the Spanish rule. The
patron. facility, which faced the Jolo Sea, had Spanish-inspired
dormitories and was originally set on a 1,414-hectare
JAIL AND PRISON sprawling estate.
 Copra
JAIL - it is the place for locking –up of persons who are  Capt. Ramon Blanco
conv icted of minor offenses or felonies who are to serve a  Zamboanga Del Sur
short sentence imposed upon them by a competent court,
or for confinement of persons who are awaiting trial or Iwahig Prison and Penal Farm - Americans established in
inv estigation of their cases Nov . 04, 1904 the Iuhit penal settlement (now Iwahig Prison
and Penal Farm) on a vast reservation of 28,072 hectares. It
1. LOCK-UP JAIL - is a security facility, common to would reach a total land area of 40,000 hectares in the late
police stations, used to police stations, used for 1950s. It was located on the westernmost part of the
temporary confinement of an indiv idual held for archipelago far from the main town to confine incorrigibles
inv estigations with little hope of rehabilitation.
2. ORDINARY JAIL - is the type of jail commonly used  Suggest of Gov . Luke Wright
to detain a convicted criminal offender to serve  Order of Gov . Forbes
less than three (3) years.  Palawan
 Reorganization Act 1407
3. WORK HOUSE OR JAIL CAMP - a facility that houses
 1,000 Hectares
minimum custody offenders who are serv ing short  TAGUMPAY Settlement
sentence or those who are undergoing  (6 Hectares) homestead lots distributed to inmates
constructive work program. It prov ides full for those who liv e there
employment of prisoners, remedial serv ices and  RDC
constructive leisure time activ ities  Lt. George Wolfe became its 1st Superintendent

The area was expanded to 41,007 hectares by v irtue of E.O


JAIL ACCORDING TO GENERAL
1. MUNICIPAL JAIL – Punishable with duration of 1 67 issued by Governor Newton Gilbert on October 15, 1912.
Day to 6 month (SIMC)
2. CITY JAIL - Punishable with duration of 1 Day to 3  Sta. Lucia Sub - Colony
years  Inagawan Sub - Colony
3. DISTRICT JAIL - Punishable with duration of 6  Montible Sub - Colony
months - 1 Day to 3 years  Central Sub – Colony
4. PROVINCIAL JAIL - Punishable with duration of 6
months - 1 Day to 3 years National Bilibid Prison - On January 22, 1941. The prison
reserv ation had an area of 587 hectares, part of which was
Prov incial Jail in the Philippines is not under the Jurisdiction arable. The prison compound proper had an area of 300 x
of the Bureau of Corrections or Bureau of Jail Management 300 meters or a total of nine hectares. It was surrounded
and Penology. They are manage and controlled by the by three layers of barbed wire.
Prov incial Government  Lt. George Wolfe was its 1st Prison Director
 Muntinlupa, City
IMPORTANCE OF JAIL  Lethal Injection is located
1. It serv es as a deterrent to would be criminal
offender For maximum security facility how high should the walls be
2. It enables the wrong doer to be reformed and constructed?
rehabilitated A. 8 – 12 feet (Minimum)
3. To av oid influence of hardened criminal B. 12 – 14 feet (medium)
4. To separate offender according to their duration C. 18 – 25 feet (maximum)
of imprisonment D. 30 – 35 feet
5. To determine the separation of jurisdiction
between two or more cities Note:
6. Help the gov ernment economically  President Fidel V. Ramos signed in to law the
imposition of Death Penalty on Heinous Crime (R.A
Prison – institutions for confinement of conv icted 7659) Dec. 13, 1993
 Lethal Injection (R.A 8177) March 20, 1996
offenders sentenced to more than three (3) years of  Feb. 5, 1999, Leo Echegaray was first death
imprisonment. conv ict executed thru Lethal Injection.
 deriv ed from the Greco-Roman word  Chemicals Compound of Lethal Injection
“presidio” 1. Sodium Thiopental – put convict to sleep.
 Administered by the National Gov ernment 2. Pancuronium Bromide – Paralyze the muscles
under the Bureau of Corrections. 3. Potassium Chloride – stop the heart beat
 Also called national prisons and also
Maximum security compound at NBP Main Building,
includes the penal colonies and penal
 death convicts
farms.  inmates sentenced to life term
 numerous pending cases,
IMPORTANCE OF PRISON  multiple conv ictions, and
1. It serv es as a deterrent to would be criminal  Sentences of more than 20 years.
offender
2. It enables the wrong doer to be reformed and Medium security Camp, 2.5 kilometers from the main
rehabilitated building. This became known as Camp Sampaguita,
3. To av oid influence of hardened criminal WHERE THE RECEPTION DIAGNOSTIC CENTER (RDC)
4. To separate offender according to their duration LOCATED, YOUTH DETENTION CENTER
of imprisonment
5. To determine the separation of jurisdiction Minimum Security Camp, at Bukang Liwayway.
between two or more cities
6. Help the gov ernment economically
Half-Way House, for those who will release
Juvenile Training Center - Both projects are supported by
PHILIPPINE PRISON HISTORY funds from Japan through the representation of the
(C-BSINDSL) Memory aid Interdisciplinary Committee of National Police Commission
(NAPOLCOM).
Bilibid Prison 1847 - On Oroquieta Street in Manila. It was
formally opened on April 10, 1866 by a Royal Decree. It was
Davao Penal Colony and Farm

Compendium of Correctional Administration (CA)


 Tagum, Dav ao del Norte
 Approximate Land Area is 30,000 hectares Special allowance for loyalty - It is a deduction of 1/5 of the
 First penal settlement organized under Filipino period of sentence to any prisoner who, having evaded the
Administration serv ice of his sentence under the circumstances in art. 158
 Jan. 21, 1932 (Act 3732 & Proc. 414 series 1931) RPC giv es himself up to the authority within 48 hours
signed by Gov. Dwight Davis following the issuance of a proclamation announcing the
 Tagum Dev elopment Company (TADECO) passing away of the calamity by the President of the
 Tanglaw Settlement Philippines
 Banana (3000 Hectares)
 Tagum Settlement Also include under R.A 10592

Two Sub – Colony (PK) “ART. 98. Special t ime allowance for loyalt y. – A deduction
 Panabo Sub - Colony of one fifth of the period of his sentence shall be granted to
 Kapalong Sub – Colony any prisoner who, hav ing ev aded his preventiv e
imprisonment or the serv ice of his sentence under the
Sablayan Penal Colony and Farm circumstances mentioned in Article 158 of this Code, gives
 Occidental Mindoro himself up to the authorities within 48 hours following the
 Established Sept. 27, 1954 issuance of a proclamation announcing the passing away
 Four Sub – Colony (CPPY) of the calamity or catastrophe referred to in said article. A
o Central Sub – Colony deduction of two-fifths of the period of his sentence shall be
o Pusog Sub – Colony granted in case said prisoner chose to stay in the place of
o Pasugui Sub – Colony his confinement notwithstanding the existence of a
o Yapang Sub - Colony calamity or catastrophe enumerated in Article 158 of this
Code.
Leyte Regional Prison
 Abuyog Leyte “This Article shall apply to any prisoner whether undergoing
 Established Jan. 16, 1973, by Ferdinand E. Marcos prev entiv e imprisonment or serv ing sentence.”
 Considered as the youngest Prison
PRISONERS - FRISKING - RDC (Reception and Diagnostic
Note: “National Correctional Consciousness week” Every Center) 5 days quarantine, 55 days stay (60days)
last week of October
According to Security Risk
Correction Institution for Women (CIW)  Max = sentenced to 20 years
 Nov . 27, 1929 (Orange/tangerine)
 Establishment of the Correctional Institution for  Medium = (blue)
Women in Mandaluyong City under Act No. 3579  Minimum =(brown)
 Its old name was  Detainee (gray)
 “Women’s Prison”  BJMP all are in (yellow)
 Total land area is 18 hectares
 In 1934, the position of Female Supt was made for According to privilege
the operation of this penal facility  Colonies,
 1st class,
Note: The Bureau of Prisons was renamed Bureau of  2nd class,
Corrections under the New Administrative Code of 1987  3rd class
and Proclamation No. 495 issued on November 22, 1989
(EO292) 1. 3rd class - 3 times or more sentences
2. 2nd class - 1st time offender
GOOD CONDUCT TIME ALLOWANCE 3. 1st class - skilled prisoner
(Granted by the Director of Prison) 4. Colonies = they came from the first class which
Years of good behav ior Allowance earned was giv en privilege. They can wear civ ilian cloth
1year - 2 years 5 days per month during program, receiv ed the regular GCTA plus
3 years - 5 years 8 days per month 10 days. (You can ev en request your wife from
6 years - 10 years 10 days per month CIW to transfer in the colony or ev en with the
11 years and up years 15 days per month entire family)

Special allowance for loyalty - It is a deduction of 1/5 of the Leaves from prison
 60 days before election and 30 days after election
period of sentence to any prisoner who, having evaded the
no release of prison.
serv ice of his sentence under the circumstances in art. 158
RPC giv es himself up to the authority within 48 hours  Death = leav e should only be allowed for medium
and minimum risk prisoner (immediate
following the issuance of a proclamation announcing the
relativ e/legitimate spouse) apply two days before
passing away of the calamity by the President of the
and allowed within 30 kilometers radius by land
Philippines
 3 days before – interv iew with minimum and
medium
Under Republic Act 10592. I made table so the readers
would understand easily.
Note: Waiver and liability signed by/reported when
requesting for interv iew
REPUBLIC ACT NO. 10592 (MAY 29 2013) - AN ACT
AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815,
 Halfway house = Japan Nagoya halfway house
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
with 2 hours caring institution for those who are
CODE
about to be release. (BOARD QUESTION)
Good Conduct Time Allowance under R.A. 10592
Year of good behav ior Days to be deducted RIOTS OR DISTURBANCE
 1 ST GROUP – ANTI RIOT CONTINGENCY GROUP NO
1-2 years 20 days per month F/A
 2ND Group – Back up group may use teargas.
3-5 years 23 days per month
 3rd Group = trained to handled gun.
6-10 years 25 days per month
11 year and more 30 days per month
Note: At any time during the period of imprisonment, he COMMAND Group
1. Chief
shall be allowed another deduction of fifteen days, in
2. Dept. Chief
addition to numbers one to four hereof, for each month of
3. Chief of Staff
study, teaching or mentoring serv ice time rendered.

“An appeal by the accused shall not depriv e him of Disciplinary Actions
entitlement to the above allowances for good conduct.” 1. BJMP - Disciplinary Board (resolv es issues within 48
hours)

Compendium of Correctional Administration (CA)


2. BUCOR – Board of Discipline (resolv e issues within 5  Municipal Prisoner = one who is sentenced to
working days) serv e a prison term of one day to six months.
3. Reprimand - lowest penalty for v iolation in prison
Classification
Segregation Cell or Bartolina  The process of assigning or grouping of inmates
1. 1 - 7 days sev ere punishment in BJMP according to their sentence, gender, age,
2. 1 – 2 months sev ere punishment in BuCor nationality, health, criminal records and other
pertinent facts as basis.
 AFP Stockade - those who were in Baguio with  A method by which diagnosis, treatment,
sentence of only planning and execution of treatment programs
 Agricultural and Forest Camp = for youth are coordinated to an individual.
conv icted (youth camp)  The process of assigning inmates to types of
 Death convict = those sentenced for death (lethal custody or treatment programs appropriate to
injection) their needs.
 Within 24 days – all letters are documented
 Priv ilege for v isit with priest/family every week and Procedures of Classification
others. a. Diagnosis – a stage where the prisoner’s case
 At least four (4) members of t he family except history is taken and his personality studied.
minor, two lawyers, personnel of PPA, two media - Through examinations and observations, the
from tabloid and broad sheet, news TV, Radio and nature and extent of the person’s criminality
Foreign --- only to serv e as witness and not to do is determined and it shall be the basis for the
other thing. formulation of his rehabilitation program.
Note: b. Treatment planning – involv es the formulation
 60 years old - exempt from work of a tentativ e treatment program best suited
 8 hours – minimum work time to the needs of the indiv idual prisoner, based
 At least 4 times/ day check of attendance on the findings
 Mail allowed expenses should be shoulder by the c. Execution of the treatment program- the
prisoner subject to censorship. actual application of the treatment program
 Within 24 hours posted, if not taken, it will be taken designed for the prisoner
and turnover to your dormitory. d. Re-classification – the process of monitoring
 Pregnant woman - can stay within one year if the response of the prisoner to the treatment
nowhere to place the baby, the baby will be program and the conduct of rev iew of
giv en to DSWD. prev ious findings as compared to new
information currently av ailable.
JAILS - Institution for confinement or conv icted offenders - Periodic analysis of inmates continues from
sentenced to imprisonment of three years or less and the time of the initial classification until his
offenders waiting and/or undergoing trial. Derived from the release.
Spanish word “Jaula” and “Caula” and French word “gaol”
Penalty- is the suffering that is inflicted by the State for the
Provincial jails are administered and superv ised by their transgression of the law
respectiv e provincial gov ernment
THEORIES JUSTIFYING PENALTIES
City and municipal jails are administered and supervised by 1. Prevention- the state punishes the criminal to
the bureau of Jail Management and Penology. prev ent or suppress the danger to the State
and to public arising from the criminal acts of
TYPES OF JAILS the offender.
1. Lock up - Security facility for the temporary 2. Self-Defense – the state punishes the criminal
detention of persons held for inv estigation or as a measure or self-defense so as to protect
awaiting preliminary hearing: usually the period of society from the threat and wrong inflicted by
detention does not exceed forty –eight (48) hours. the criminal.
2. Ordinary Jail - Institution for confinement or 3. Reformation- it is the duty of the state to take
conv icted offenders sentenced to imprisonment care of and reform the criminal
of three (3) years or less and offenders waiting 4. Exemplarity – the criminal is punished to serve
and/or undergoing trial. as an example to discourage others from
3. Workhouse Jail - farm or camps committing crimes.
5. Justice –based on the theory that crime must
P.D. 29 - the law that classified prisoners be punished by the state as an act of
Classification of prisoners retributiv e justice, a v indication of absolute
right and moral law violated by the criminal
According to Status:
 Detention prisoners = those held for security Juridical Condition of Penalty
reasons; held for inv estigation; those awaiting final 1. Juridical and Legal- it must be imposed by
judgment; those awaiting trial. Person detained v irtue of a judgment as prescribed by law
for the v iolation of law or ordinances and not yet 2. Definite - it must be specific
conv icted. 3. Commensurate- it must be proportionate to
 Sentenced prisoner = those conv icted by final the grav ity of the crime
judgment 4. Personal - it must be imposed to the person
who actually committed the crime with no
According to PD 29 substitutes.
 Insular or National Prisoner = those who sentence 5. Equal- it must apply to all offenders
is 3yrs and one day to death or whose fine is more
than six thousand pesos (P6,000.00), or both
 City/ Provincial Prisoner = those whose sentence is
less than 3 years or whose fine is less than six
thousand pesos (P6,000.00) but more than two
hundred pesos (P200.00) or both

Classification of Penalties (Duration of imprisonment)


According to Sentence/Four main classes of Prisoners
 Insular or National Prisoner = one who is Capital Punishment
sentenced to serv e a prison term of three years Death (R.A. 7659 and R.A. 8177 as amended R.A. 9346)
and one day to death. (3 years and 1 Day to Afflictive Penalties
Death) Reclusion Perpetua 20 years and 1 day to 40 years
 Provincial Prisoner = one who is sentenced to Reclusion Temporal 12 years and 1 day to 20 years
serv e a prison term of six months and one day to Prison Mayor 6 years and 1 day to 12 years
three years. (6 month and 1 day to 3 years) Correctional Penalties
 City Prisoners = one who is sentenced to serve a Prison Correctional 6 months and 1 day to 6 years
prison term of one day to three years.

Compendium of Correctional Administration (CA)


Arresto Mayor 1month and 1 day to 6
months
Light Penalties
Arresto Menor 1 day to 30 days

PRESCRIPTION OF PENALTIES

PENALTY PRESCRIBES IN
Death and reclusion Perpetua 20 years
Other afflictiv e penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years
Light penalties 1 year

Republic Act No. 9263 (March 10, 2004 - AN ACT PROVIDING


FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE
PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT
AND PENOLOGY (BJMP), AMENDING CERTAIN, PROVISIONS
OF REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF
AND FOR OTHER PURPOSES (Bureau of Fire Protection and
Bureau of Jail Management and Penology
Professionalization Act of 2004.")

Republic Act No. 6975 - otherwise known as the


"Department of the Interior and Local Government Act
1990"

Republic Act No. 9592 (May 08, 2009) AN ACT EXTENDING


FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR
COMPLYING WITH THE MINIMUM EDUCATIONAL
QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE
BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), AMENDING FOR
THE PURPOSE CERTAIN PROVISION OF REPUBLIC ACT NO.
9263, OTHERWISE KNOWN AS THE "BUREAU OF FIRE
PROTECTION AND BUREAU OF JAIL MANAGEMENT AND
PENOLOGY PROFESSIONALIZATION ACT OF 2004" AND FOR
OTHER PURPOSES

REPUBLIC ACT NO.10575 (MAY 24 2013) - AN ACT


STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR)
AND PROVIDING FUNDS THEREFOR (“The Bureau of
Corrections Act of 2013″)

CUSTODIAL RANK REFORMATION RANK


Corrections Chief Superintendent
Corrections Senior Superintendent Corrections Technical Senior
Superintendent
Corrections Superintendent Corrections Technical
Superintendent
Corrections Chief Inspector Corrections Technical Chief
Inspector
Corrections Senior Inspector Corrections Technical Senior
Inspector
Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior
Officer IV
Corrections Senior Officer III Corrections Technical Senior
Officer III
Corrections Senior Officer II Corrections Technical Senior
Officer II
Corrections Senior Officer I Corrections Technical Senior
Officer I
Corrections Officer III Corrections Technical Officer III
Corrections Officer II Corrections Technical Officer II
Corrections Officer I Corrections Technical Officer I

CORRECTIONAL ADMINISTRATION 2
(NON-INSTITUTIONAL CORRECTION)
(COMMUNITY BASED PROGRAM)

Non – Institutional Corrections – take charge of correcting


offender through community based – program such as
probation, suspended sentence for first time minor
offenders, Parole and Conditional Pardon.

Compendium of Correctional Administration (CA)


Parole and Probation Administration (PPA)  Petitioner – a conv icted defendant who files a
 Headed by Administrator formal application for probation.
 Handles the Investigation petitioners for Probation  Absconding Probationer – a person whose
& Supervision of Probationer, Parolees, and probation was granted but failed to report for
Conditional Pardonees. superv ision within the period ordered by the court
 Hon. Teodulo Natividad was the first Administrator or his location is unknown.
 Absconding Petitioner – a conv icted defendant
Board of Pardons and Parole (BPP) whose application for probation has been giv en
 Headed by Chairman (Secretary of justice) due course by the court but fails to report to the
 is responsible for grant of Parole and probation office or his location is unknown and
recommending cannot located w/ reasonable time
 Executive Clemency to the President ( E.O 83,
series of 1937) Requirements on how to avail the benefits of P.D 968, as
amended
Department of Social Welfare and Development (DSWD)  Section 8. Crit eria for Placing an Offender on
 Headed by Secretary Probation. In determining whether an offender
 renders serv ices for Children in Conflict with the may be placed on probation, the court shall
Law (CICL) consider all information relativ e, to the character,
antecedents, environment, mental and physical
Development of PROBATION condition of the offender, and av ailable
institutional and community resources. Probation
England - It is where probation started in a form of shall be denied if the court finds that:
suspending judgment and releasing offender on his own a. the offender is in need of correctional
Recognizance (ROR) with the promise not to commit any treatment that can be prov ided most
more crime. effectiv ely by his commitment to an
institution; or
Mathew Davenport Hill - Father of England Probation. b. there is undue risk that during the period
of probation the offender will commit
United States- Probation was practiced by John Augustus another crime; or
(Boston Shoemaker) in 1841 although the first probation law c. Probation will depreciate the seriousness
was passed in Massachusetts 1878 but was widely used only of the offense committed.
upon the passage of the First Juv enile Court law of Cook
Country in Chicago in 1899. Section 9. Disqualified Offenders. The benefits of this
Decree shall not be extended to those:
Edward N. Savage - Ex- chief of police of Boston who a. sentenced to serv e a maximum term of
became the first probation officer employed by the imprisonment of more than six years;
gov ernment. b. conv icted of any Crime against the National
Security of the or Crimes against Public Order ;
Commonwealth Act no. 3203 -Took effect on December 3,  Art. 114 – Treason
1924 =1st Juv enile Delinquency Law of the Land.  Art. 115 - Conspiracy and proposal to
commit treason
Act No. 4221 of the Phil. Assembly (Probation Act) -  Art. 116 - Misprision of Treason
Established an adult probation law but was abolished in  Art. 117 – Espionage
1937 after two (2) years of existence on the ground of  Art. 118 - Inciting to war or giv ing motiv es
unconstitutionality in the case of People v s. Vera, 37 O.G. for reprisals
164.  Art. 119 - Violation of neutrality.
 Ari. 120 - Correspondence with hostile
P.D. 968- Reestablished the adult probation law which was country
signed by Pres. Ferdinand Marcos on July 24, 1976.  Art. 121 - Flight to enemy country
“Probation law of 1976”  Art. 122 - Piracy in general and mutiny on
 P.D 968, otherwise known” Adult Probation Law of the high seas.
1976”  Art. 123 - Qualified piracy
 Father of Probation in the Philippines c. who hav e prev iously been conv icted by final
 First Administrator of the Parole and Probation judgment of an offense punished by imprisonment
Administration which attached to the DOJ of not less than one month and one day and/or a
 First Filipino Vice President of the United Nations fine of not less than Two Hundred Pesos;
Congress, Geneva Switzerland d. who have been once on probation under the
 April 24, 1976 Draft the decree by NEPTALI prov isions of this Decree; and
GONZALES e. who are already serving sentence at the time the
 In July 24, 1976 was approved by late President substantiv e prov isions of this Decree became
Ferdinand E. Marcos applicable pursuant to Section 33 hereof.
 In January 3, 1978 was took effect
Section 10. Conditions of Probation. Every probation order
PRESIDENTIAL DECREE 603 - “The Child and Youth Welfare issued by the court shall contain conditions requiring that
Code” which prov ides for youth probation law that was the probationer shall:
signed on December 10, 1974 and took effect June 10,  present himself to the probation officer
1975. designated to undertake his superv ision at such
place as may be specified in the order within
REPUBLIC ACT 9344- The Juvenile Justice Welfare Act of May sev enty-two hours from receipt of said order;
2006 amending P.D. 603.  Report to the probation officer at least once a
month at such time and place as specified by said
PROBATION - is a disposition under which a defendant, after officer.
conv iction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation The court may also require the probationer to:
officer.  cooperate with a program of superv ision;
 meet his family responsibilities;
PURPOSE OF PROBATION  dev ote himself to a specific employment and not
 Promote the correction and rehabilitation of an to change said employment without the prior
offender by prov iding him with indiv idualized written approval of the probation officer;
treatment.  undergo medical, psychological or psychiatric
 Prov ide an opportunity for the reformation of a examination and treatment and enter and
penitent offender. remain in a specified institution, when required for
 Prev ent omission of offense. that purpose;
 pursue a prescribed secular study or v ocational
Terms in Probation training;
 Probationer- a person place on probation.  attend or reside in a facility established for
 Probation Officers- one who inv estigates for the instruction, recreation or residence of persons on
court? probation;

Compendium of Correctional Administration (CA)


 refrain from v isiting houses of ill-repute;
 abstain from drinking intoxicating bev erages to MODIFICATIONS OF CONDITIONS FOR PROBATION
excess;  at any time during superv ision
 permit to probation officer or an authorized social  after summary hearing when the probationer
worker to v isit his home and place or work; v iolated any of its conditions
 reside at premises approved by it and not to  upon application by the probation officer or the
change his residence without its prior written probationer himself
approval; or
 Satisfy any other condition related to the Not e: only t he judge who heard and decided the case has
rehabilitation of the defendant and not unduly t he power t o grant , deny, modify, revoke and t erminate
restrictiv e of his liberty or incompatible with his probation.
freedom of conscience.
PAROLE - A method by which a prisoner who has served a
VIOLATION OF THE FOLLOWING SHALL DISQUALIFY AN portion of his sentence is conditionally released but remains
OFFENDER TO AVAIL OF THE BENEFITS OF PD 968, AS in legal custody, the condition being that in case of
AMENDED misbehavior, he shall be imprisoned.
1. Video gram Law (PD 1987)
2. Omnibus Election code (BP 881) DEVELOPMENT OF PAROLE
3. Wage Rationalization act (R.A 6727)
4. Comprehensive Dangerous Drugs act (R.A 9165) 1. EUROPE - where the historical part of parole was
except: originated
 sec. 12 - Possession of Equipment, 2. 18TH CENTURY - the Thames Riv er was occupied by
Instrument, Apparatus and Other Prison Ships
Paraphernalia for Dangerous Drugs (6 3. “HULK” - prison ships in the later part of the 18 th
mos – 1 day to 4 years century.
 sec. 14 - Possession of Equipment, 4. PAROLE - French word “PAROLE D’ HONEUR”
Instrument, Apparatus and Other meaning “Word of Honor”.
Paraphernalia for Dangerous Drugs
during Parties, Social Gatherings or 1837 - FIRST PAROLE LAW WAS PASSED IN MASSACHUSETTS.
Meetings. At the same time Captain Mochanochie, In charge of the
 Section 17. Maintenance and Keeping English Penal Colony in Norfolk Island, Australia, introduce a
of Original Records of Transactions on system whereby a prisoner was given a “TICKET OF LEAVE”
Dangerous Drugs and/or Controlled (the equivalent of parole) after earning a certain required
Precursors and Essential Chemicals.(1 number of marks.
year and1 day to 6 years)
 Section 70. Probation or Community 1856 - Parole was also featured in Irish Prison System based
Serv ice for a First-Time Minor Offender in on an indeterminate sentence and the mark system
Lieu of Imprisonment.
Ev en the Elmira Reformatory has a limited form of
BENEFITS OF PROBATION indeterminate sentence and a method of mark similar to
1. Protects of society the Irish System, and Parole based on marks. The principal
a. From excessiv e cost of detention. defect of early parole system was the manner of
b. From the high rate of recidiv ism. determining eligibility for parole. The system of parole is said
2. Protects the v ictim to be based on the principle of “word of Honor”.
a. It prov ides restitution.
b. It preserv es justice. DR. S.G. HOWE OF BOSTON -First man to use the word
3. Protects the family “PAROLE”. He used the word in a letter to the Prison
a. It does not depriv e the wife and Association of New York in 1869, after some American Prison
children of husband. Reforms who observ ed that the Irish Prison System paved
b. It maintains the unity of the homes the way for the approval of the law --- creating Elmira
4. Assist the gov ernment Reformatory.
a. Reduce the population of prison and jails
b. Lessen the clogging of courts. ELMIRA REFORMATORY (1876) - Forerunner of Modern
c. Enlighten loads of prosecutors. Penology, established a link between the community-
5. Helps the offender based program and the penal institution.
a. Maintain his earning power.
b. Prov ides rehabilitation in the community. 1877 was opened in Elmira, New York with ZEBULON R.
c. Restore his dignity. BROCKWAY AS SUPERINTENDENT = using Intermediate
6. Justifies the philosophy of men sentence compulsory develops Parole which soon spread
a. Life is sacred. to other states in U.S.A. Father of Prison Reform in U.S
b. All men deserv e second chance.
c. Individual can change. ALEXANDER MOCHANOCHIE (ENGLAND) - Supt of Norfolk
Island Penal Colony in Australia introduced the MARK
SUMMARY PROCESS ON GRANTING PROBATION SYSTEM (PROGRESSIVE HUMAN SYSTEM) to substitute for
1. Granted by Court corporal punishment.
2. (10 days to Prosecutor’s comment) (15 Days to  Prisoners who earned a required number of marks
Court) upon receipt are giv en a ticket of leave which is equiv alent to
3. Referral “Order to Inv estigate” parole.
4. Parole and Probation Administration Officer  Fair disciplinary trial, built churches, distribute book
5. Post – Sentence Investigation (PSI)(60 Days) and allowed play to be staged, permitted
6. Post – Sentence Investigation Report (PSIR) prisoners to find small garden and rehabilitation
7. Court (Grant or Deny) system.
a. Granted – Probation Supervision  One of the Father of Modern Penology.
b. Denied – serv e the original sentence
8. Condition (Mandatory and others) SIR WALTER CROFTON - (Chairman of the Directors of Irish
a. Mandatory – within 72 hours report Prisons- 1856) = Introduced the Irish System
(CPPO) (Progressive Stage System)
b. Others – 1/mos.  Solitary confinement for nine months at a certain
9. Condition (Comply or Non-Comply) prisons with reduces diet and allowed
a. Complied – Final or Termination Report monotonous word and towards the end prisoners
10. Non-Complied – v iolation or rev ocation report were giv en more interesting work, some
Rev ocation report education and better treatment.
a. hearing “Justified”  Assignment of public works at Spike Island.
i. issue extended Prisoners were graded according to mark system
ii. modify condition and were a badge of distinction to others which
b. Termination order – release later serv e to shorter the length of stay.
c. Rev ocation order- w/ order to arrest  Prisoner was sent to lurk on Smithfield as
preparation for release. Prisoners worked without

Compendium of Correctional Administration (CA)


custodial superv ision and were exposed to parole of a prisoner shall be rev iewed upon a showing that
ordinary temptations of freedom and release on he is confined in prison or jail to serv e an indeterminate
superv ision subject to certain condition sentence, the maximum period of which exceeds one (1)
equiv alent to present day parse. year, pursuant to a final judgment of conv iction and that
 “Self-improvement b the prisoners himself through he has serv ed the minimum period of said sentence.
successiv e stages”.
SEC. 14. GRANT OF PAROLE - A prisoner may be granted
1870 - AMERICAN CORRECTIONAL ASSOCIATION parole whenever the Board finds that there is a reasonable
(FORMERLY KNOWN AS NATIONAL PRISON ASSOCIATION probability that if released, he will be law -abiding and that
was organized adopting a “Declaration of Principles” later his release will not be incompatible with the interest and
rev ised in prison Congress of 1933. welfare of society.

1872 - FIRST INTERNATIONAL PRISON CONGRESS was held in SEC. 15. DISQUALIFICATION FOR PAROLE - The following
London creating the International Penal and Penitentiary prisoners shall not be granted parole:
Commission (IPPC/Hague) an inter-gov ernment a. Those conv icted of an offense punished with
organization) established in 1875 and was dissolved and its Death penalty, Reclusion Perpetua or Life
function were transferred to the Social Defense Section of imprisonment;
the United Nations. b. Those conv icted of treason, conspiracy or
proposal to commit treason or espionage;
ELMIRA REFORMATORY (1876) - Forerunner of Modern c. Those conv icted of misprision of treason, rebellion,
Penology. Established a link between the community - sedition or coup d'etat;
based program and the penal institution. d. Those conv icted of piracy or mutiny on the high
seas or Philippine waters;
1877 was opened in Elmira, New York with ZEBULON R. e. Those who are habitual delinquents i.e. those who,
BROCKWAY AS SUPERINTENDENT. Using Intermediate within a period of ten (10) years from the date of
sentence compulsory develops Parole which soon spread release from prison or last conv iction of the crimes
to other states in U.S.A. of serious or less serious physical injuries, robbery,
 training school type of institution program for boys theft, estafa and falsification, are found guilty of
from 16 to 30 years of age; any of said crimes a third time or oftener;
 new prisoners were classified as second grade f. Those who escaped from confinement or evaded
until promoted to first grade after six (6) months of sentence;
good behavior; g. Those who were granted Conditional Pardon and
 extensive used of parole which is granted after v iolated any of the terms thereof;
another six (6) months of good behavior in the first h. those whose maximum term of imprisonment does
grade; not exceed one (1) year or those with definite
 after a prisoner committed misconduct he will be sentence;
demoted to 3rd grade unless he show good i. Those suffering from any mental disorder as
conduct for one month he will be reclassified to certified by a gov ernment
second grade; and psychiatrist/psychologist;
 Indeterminate Sentence and Parole based j. Those whose conv iction is on appeal;
System. k. Those who have pending criminal case/s.

SIR EVELYN RUGGLES BRISE (England) 1897 - Director of SUMMARY ON PAROLE PROCEDURE
English Prison, after v isiting Elmira Reformatory, opened a 1. Granted by Board of Pardon and Parole (BPP)
Borstal Institution near Roached, In Kent which was 2. Upon serv e the full minimum sentence
considered as the best reform Institutions for young 3. Referral “Request to Investigate”
Offenders. 4. Parole and probation Officer
5. Pre-Parole Investigation (PPI) 30 days
First separate institution for women was established in 6. Pre-Parole Investigation Report (PPIR)
Indiana and Massachusetts. 7. BPP (Grant or Deny)
 Granted – Parole Supervision
The Elmira Reformatory was considered failure in practice  Denied – Serv e the remaining sentence
by the year 1910 until it was rev ived in 1930 as a result of 8. Condition (Mandatory and Other)
rev amp of the educational program of the Elmira  Mandatory – within 45 days report
Reformatory. Later it was succeeded by the Industrial Prison  Other – 1/mos. outside Manila, 2/mos.
Mov ement. Industrial Prison Movement was ended by a law Within Manila
passed In the year 1934 prohibiting the sale of prison-made 9. Condition (Comply or Non-Comply)
articles to the public and limit used of gov ernment owned  Complied – Submission of Summary
institution agencies. Report
 Non-Complied – Infraction (new
The classical Movement: The reorganization of the Federal Violation) or Violation report (v iolate
prison system in 1930 started the mov ement for modern condition)
correctional reforms. The Federal law created the Federal 10. Final Release and Discharge (FRD) (complied)
Bureau of Prisons and placed a director as head of the 11. Order of Arrest and Recommitment (OAR)
system. As a result of the organization, penal institutions,
which were formerly administered independently by their EXECUTIVE CLEMENCIES: (PARC)
respectiv e wardens, were placed under the centralized 1. PARDON (Absolute/conditional) - It is a form of
jurisdiction of the Federal Bureau of Prisons. Executive Clemency which is exercised by Chief
Executive. It is an act of Grace and the recipient
Parole in the Philippines is not entitled to it as a matter of right. It is
discretionary and not subject to rev iew by the
ACT 4103 - Otherwise known as the “Indeterminate judiciary. It dates back to the pre-Christian Era. It
Sentence Law”, took effect on December 5, 1933. was applied to members of the Royal Family who
committed crimes and occasionally to those
AMENDED BY E.O. 83, SERIES OF 1937 -Gave the “Board” the conv icted of offenses against the royal power. In
authority to advice the Chief Executiv e on the course/s of England it was usually an exclusiv e power of the
action to take on petitions for executive clemencies. king but there were times that were extended to
the Queens upon advised of the Minister of the
RENAMED THE BOARD OF INDETERMINATE SENTENCE TO Interior.
BOARD OF PARDON. In United States, pardon was exercised by the
Royal gov ernor delegated to him by the King.
OCTOBER 4, 1947 -EXECUTIVE ORDER 94 TOOK EFFECT. ALSO After her independence, the federal and the
KNOWN AS THE “REORGANIZATION LAW OF 1947” which state constitutions vested it to the President of the
abolished the Board of Pardons and created the Board of United States and the Gov ernor in federal and
Pardons and Parole. state cases, respectiv ely.

REVIEW OF CASES FOR PAROLE - Unless otherwise KINDS OF PARDON IN THE PHILIPPINES:
disqualified under Section l5 of these Rules, a case for

Compendium of Correctional Administration (CA)


ABSOLUTE PARDON - Giv en without any condition attached imprisonment for crimes or offenses
to it and it is the sole power of the president to grant it to committed before January 1, 1994.
that person whose qualification is qualified? Except in cases 3. At least twelve (12) years for prisoners
of impeachment (Art. 7, sec 19 of 1987 Philippine whose sentences were adjusted to a
Constitution) take note only qualified indiv idual if sev eral definite prison term of forty (40) years in
persons it will fall under Amnesty prov ided he did not failed accordance with the prov isions of Article
to any of prov ision in granting amnesty. 70 of the Rev ised Penal Code, as
amended?
Its purposes are: 4. at least fifteen (15) years for prisoners
 To do away with the miscarriage of justice; conv icted of heinous crimes as defined in
 To keep punishment abreast with the current Republic Act No. 7659 and other special
philosophy, concept or practice of criminal justice laws committed on or after January 1, 1994
administration; and and sentenced to one or more Reclusion
 To restore full political and civ il rights of person Perpetua or Life imprisonment
who hav e already serv ed their sentence and 5. at least twenty (20) years in case of one (1)
hav e waited the prescribed period. or more Death penalty/penalties, which
was/were automatically reduced or
CONDITIONAL PARDON - Serves the purpose of releasing a commuted to one (1) or more Reclusion
prisoner who is already reformed or rehabilitated but who Perpetua or Life imprisonment;
cannot be paroled because the parole law does not apply
to him. Thus a prisoner serv ing a determinate sentence or B. For Conditional Pardon, the prisoner shall have
life imprisonment is excluded from the benefits of the parole serv ed at least one-half (1/2) of the minimum of his
law. However reformed he may be giv en conditional original indeterminate and/or definite sentence.
pardon. However, in the case of a prisoner who is
conv icted of a heinous crime as defined in
PARDON ACCORDING TO GRANTING POWER Republic Act No. 7659 and other special laws, he
shall have serv ed at least one-half (1/2) of the
PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE maximum of his original indeterminate sentence
OFFENDED PARTY before his case may be rev iewed for conditional
pardon.
PARDON OF THE PARDON OF THE OFFENDED PARTY
PRESIDENT C. For Absolute Pardon, after he has serv ed his
Ex t inguishes t he I t does not ex t inguish t he criminal maximum sentence or granted final release and
criminal liabilit y of t he liabilit y of t he offender
discharge or court termination of probation.
offender
However, the Board may consider a petition for
I t does not include t he The offended part y can w aiv e t he civil
civ il liabilit y t o pay liabilit y of t he offender absolute pardon ev en before the grant of final
Grant ed only aft er Must be made before t he inst it ut ion of release and discharge under the prov isions of
conv ict ion t he criminal act ion in cases w here t he Section 6 of Act No. 4103, as amended, as when
law allow s pardon by t he offende d the petitioner:
part y . Also it must be ex t ended t o
bot h offenders. MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art.
89)
AMNESTY (with concurrence of the Congress) - It is an act 1. BY THE DEATH OF THE CONVICT, as to the personal
of the sov ereign power granting obliv ion general pardon penalties; as to pecuniary liabilities, it is
for a past offense usually granted in favor of certain classes extinguished only when the death of the offender
of persons who hav e committed crimes of a political occurs before final judgment.
character, such as Treason, Sedition, Rebellion 2. BY SERVICE OF SENTENCE;
3. BY AMNESTY - an act of the sov ereign power
granting obliv ion or a general pardon for past
AMNESTY vs PARDON
offense, and is rarely exercised in fav or of a single
indiv idual, and is usually exerted in behalf of
AMNESTY PARDON certain classes of persons who are subject to trail
Made by the President with Made by the President but not yet conv icted.
the concurrence of alone
4. BY ABSOLUTE PARDON
Congress 5. PRESCRIPTION OF CRIME- the forfeiture or the loss
Usually extended to Extended to any type of of the right of the state to prosecute the offender
political crimes crime after the lapse of a certain time.
May be extended even May be giv en only after 6. PRESCRIPTION OF PENALTY- the loss or forfeiture of
before conv iction or before final conv iction the right of the Gov ernment to execute the final
trial sentence after the lapse of a certain time.
Looks backward Looks forward 7. MARRIAGE OF THE OFFENDED PARTY UNDER
ARTICLE 344 RPC
REPRIEVE - temporary suspension of the execution of
sentence (usually extended to death penalty prisoners). MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
This word simply means “to make back” or the withdrawing 1. BY CONDITIONAL PARDON- a contract between
of the sentence for an interv al of time. It is the temporary the president and the conv ict the former will
stay if the execution of sentence exercised by the President release the latter upon compliance with certain
conditions.
COMMUTATION OF SENTENCE – reduction, reducing, 2. BY COMMUTATION OF SENTENCE- it is the
lessening, lowering, MITIGATING or deduction of the reduction of the period of imprisonment of the
sentence. It is an executive clemency that changes a offender or the amount of the fine.
heav ier sentence to a less serious one, or a longer prison 3. FOR GOOD CONDUCT TIME ALLOWANCE- are
term to a shorter period. deductions from the term of the sentence for
good behavior of the conv icted prisoner.
4. PAROLE- consists of the suspension of the sentence
REVIEW OF CASES FOR EXECUTIVE CLEMENCY - Petitions for
of a conv ict after serving the minimum term of the
executive clemency may be reviewed if the prisoners meet
indeterminate penalty.
the following minimum requirements:
RELEASE OF RECOGNIZANCE (R.A 6036)
A. FOR COMMUTATION OF SENTENCE -  A kind of release where in a prisoner will be turn
1. The prisoner shall hav e served at least one-
ov er to somebody with probity to the community
third (1/3) of the minimum of his
 A person charged of criminal offense the highest
indeterminate and/or definite sentence or
penalty of which is not more than 6 months and
the aggregate minimum of his
fine of 200 pesos or both
indeterminate and/or definite sentences.
2. At least ten (10) years for prisoners
DEFINITIONS OF TERMS
sentenced to Reclusion Perpetua or Life

Compendium of Correctional Administration (CA)


1. CARPETA - the institutional record of an inmate 3. DETERRENCE = serv e as warning to future law
which consist of his commitment order, the v iolators
prosecutors’ information and the decisions of the 4. PROTECTION = for purposes of securing
trial court. society
2. PRISON JACKET (Inmate Record) - for those who 5. REFORMATION= change of behavior from
are conv icted from Municipal Jail, city jail, unaccepted norm of behavior.
prov incial jail will hav e their env elope of their
records called prison jacket. 25. REHABILITATION - A program of activity directed to
3. PRISON RECORD - refers to information concerning restore an inmate’s self-respect thereby making
an inmate's personal circumstances, the offense him a law abiding citizen after serv ing his
he committed, the sentence imposed, the sentence.
criminal case number in the trial and appellate 26. SAFEKEEPING - the temporary custody of a person
courts, the date he commenced serv ing his for his own protection, safety or care; and/or his
sentence, the date he was receiv ed for security from harm, injury or danger for the liability
confinement, the place of confinement, the date he has committed.
of expiration of the sentence, the number of 27. INMATES - either a prisoner or detainee confined
prev ious convictions, if any, and his behavior or in jail
conduct while in prison; 28. DETAINEE - a person accused before a court or
4. COMMITMENT - the entrusting for confinement of competent authority who is temporarily confined
an inmate to a jail by competent authority for in jail while undergoing inv estigation, awaiting
inv estigation, trial and or serv ice of sentence. final judgment
5. COMMITMENT ORDER - a written order of the court
or nay competent authority consigning an CLASSIFICATION OF DETAINEE (FIT)
offender to a jail or prison for confinement. 1. Undergoing investigation;
6. CONTRABAND - any article, item or object 2. Awaiting or under trial; and
prohibited by law or forbidden by prison rules 3. Awaiting final judgment
7. CORPORAL PUNISHMENT - the infliction of physical
pain as a form of punishment 29. PRISONER - an inmate who is conv icted by final
8. COUNSELING - the relationship in which one judgment and classified as insular, prov incial, city
endeavors to help another understand and solv e or municipal prisoners.
his problems or adjustment
9. DIVERSIFICATION - an administrativ e dev ice of NOTES: THINGS MUST TO REMEMBER
correctional institutions of prov iding varied and 1. 50 PESOS /DAY for ev ery prisoner
flexible types of physical plants for more effectiv e 2. TANG CODE – First permanent law compilation
control of the treatment programs of its div ersified (China)
population 3. 1924 – first used electrocution
10. DIVERSION - establishment of alternativ es to 4. CRISTOBAL VS. LABRADOR – First case of Pardon
formal justice system, such as deferred ”Restore All”
prosecution, resolution of citizens dispute and 5. SECTION 19. ART.17 – grant president sole power
others of Pardon
11. ESCAPE - an act of getting out unlawfully from 6. PEOPLE VS. VERA – first case of Act 4221
confinement or custody by an inmate. 7. HOUSE BILL 393 – An act establishing Probationlaw
12. FURLOUGH - an authorization that permits inmate in the Phil.
to leav e place of confinement for emergency 8. ELMIRA REFORMATORY – The Hill, forerunner of
reasons. Modern Penology
13. INSTRUMENT OR RESTRAINT - a dev ice tool or 9. OPERATION GREYHOUND – Check bedding, locks,
instrument used to hold back, keep in, check or personal bedding
control an inmate such as hand cuffs, leg irons 10. ASSISTANT WARDEN – Chairman of Classification,
and chains. and Disciplinary Board
14. MITTIMUS/WRIT OR MITTIMUS - a warrant issued by 11. P.D 968 – July 24, 1976 Approv ed
a court bearing its seal and the signature of the o January 03, 1978 took effect
judge, directing the jail or prison authorities to 12. R.A 8369 – Family Court
receiv e inmates for custody or service of sentence 13. JUST DESERT MODEL – Correction Model wherein
imposed therein. punish, because infringed the right of other
15. PENAL SERVITUDE - a punishment which consist in security
keeping an offender in confinement where 14. WALTER RECKLESS – self-concept provides person
conv icted offenders are to serv e out the term of with strongest defense against delinquent
their sentence. inv olment
16. PENANCE - an ecclesiastical punishment inflicted 15. MANAMA DHARMA – India
by an ecclesiastical court for some spiritual 16. HERMES TRISMEGITUS – Egypt
offense. 17. MOSAIC CODE – (retribution principle) - Admission
17. PENOLOGY - A branch of criminology which deals is admissible if testimony of at least one witness
with management and administration of inmates. 18. KING UR-NAMMU-restorativ e justice
18. PENITENTIARY - a prison, correctional institution or 19. FURCA - v -shaped yolk worm around the neck
other place of confinement where conv icted where the out stretched arm of the conv ict were
offenders are sent to serv e out the term of their tied
sentence. 20. ROMAN PRISON
19. PRISONIZATION - the process by which an inmate o UNDERGROUND CISTERN – detained
learns, through socialization, the rules and prisoner – starv ed to death.
regulations of the prison culture. o ERGASTULUM – attach to bench &
20. PUNISHMENT - the redress that the state takes forced to do hard labor personnel of
against an offending members imprisonment.
21. DEATH PENALTY - by hanging, burning, immersing 21. XENOPHON & DEMOSTHENES – punished by
in boiling, feeding to wild animals and other forms Burgundian code.
of barbaric ways 22. Flogging– garrote.
22. CORPORAL PUNISHMENT - by flogging, mutilation, 23. GUILLOTINE – Introduce in France
disfiguration, and maiming 24. Shot Drill – carrying heavy loads from one place to
23. PUBLIC HUMILIATION - by use of stocks and pillory, another then returned to the same place
docking stool, branding, shav ing off the ev eryday
hair.(Social Degradation) 25. Treadmill – constantly climb up stairs, continually
24. IMPRISONMENT, PAROLE AND PROBATION - the during day, w/ prisoner logging up to 14,000 feet
more recent form of punishment stair /day equivalent to 3 to 4 stiff mountain /day
26. Sweat box – prisoner were put in a steel box in the
EARLY concept of PUNISHMENT sun were used as punishment
1. RETRIBUTION=personal vengeance 27. Plantsa - Philippines
2. EXPIATION OR ATONEMENT = group 28. Paterfamilias – limitless power to punish err family
v engeance and slav es.

Compendium of Correctional Administration (CA)


29. Roman-prohibiting flogging or execution unless 71. Sir Walter Crofton – Director of Irish Prison, Irish
affirm by the CENTURIATE ASSEMBLY System ‘ Indiv idualized treatment”
30. STOCKS- device fastened to ankles, neck and wrist 72. Dr. S.G Howe – first man used the word “Parole”
of offender for long time (1846
31. Aristotle-Nicomedia’s ethics “Punishment is a 73. Europe – Originate Parole
means of restoring the balance between pleasure 74. Safekeeping, which is the custodial componentof
and pain the BuCor’s present corrections system, shall refer
32. Pope Innocent VIII – issued a Papa Bull to the act that ensures the public (including
33. Lateran Council year (1215) – allow used of torture families of inmates and their v ictims) that national
34. Joan of Arc inmates are prov ided with their basic needs,
35. Pope Leo I – first approved the killing completely incapacitated from further
36. Priscillian – first recorded Christian put to death committing criminal acts, and hav e been totally
heretic cut off from their criminal networks (or contacts in
37. Orleans, France (1022) – thirteen heretics the free society) while serv ing sentence inside the
38. Pope Gregory IX – Encyclical “Excommunicamus” premises of the national penitentiary. This act also
39. Innocent IV – Introduce torture includes protection against illegal organized
40. King Henry VIII – corporal punishment armed groups which hav e the capacity of
o Vagrant – 1531, Penal slav ery-1547 launching an attack on any prison camp of the
41. Brank – metal frame put in head and painful national penitentiary to rescue their conv icted
mouth piece comrade or to forcibly amass firearms issued to
42. Bridewell Institution – Bridewell, England in 1556, prison guards.
1552 – king Henry Work house for v agabonds, 75. Reformation, which is the rehabilitation
idlers, rogues component of the BuCor’s present corrections
43. 1779 Penitentiary Act system, shall refer to the acts which ensure the
o Norfolk Prison WYNMONDHAM, England public (including families of inmates and their
o 1829 NATIONAL PENITENTIARY OF v ictims) that released national inmates are no
MILBANK longer harmful to the community by becoming
o 1842 PENTONVILLE NATIONAL reformed indiv iduals prepared to liv e a normal
PENITENTIARY and productive life upon reintegration to the
44. New York – largest Women Prison mainstream society.
45. 1845 Penal code of Russia – hard labor of four
years to life
46. Amsterdam, New York 1600 – first recorded prison
47. Pennsylvania system – Riv al of Auburn Solitary
confinement
1. Walnut street jail – 1790
2. Western Penitentiary - 1826
3. Eastern Penitentiary – 1830
48. Immanuel Kant – concept of Retribution
49. Sheriff John Howard – Bedfordshire, England,
recommendation to reform the prison system
50. First Probation Law – Massachusetts 20 years – 1878
51. Notorious Vielila – A notorious brigand and
Lombroso open his skull and found out atavistic
being
52. Edward N. Savage – Boston first probation officer,
former chief of Police in Boston
53. Clifford Shaw – conducted research Brother in
Crime, Delinquency Areas
54. First Juvenile Court – cook Illinois 1925
55. HITO – Man & is distributed inmates nation wide
56. CAPIC – officially registered as the trademark
57. SIPAT – cordilleras in northern Luzon, which have
their own brand of Justice.
58. Father Condrado Balweg – priest turned to rebel in
martial law, formed Cordillera People Liberation
Army
59. BODONG – kind of court to settle tribal and
indiv idual
60. Don Severino DelasAlas – Elected by Andres
Bonifacio as first Minister of Justice at Magdiwang
Gov ernment, Naic Cavite
61. Prison Postal Service – send or receiv ed money
62. Jail Booking 4 Copies – BJMP Central Office,
Regional Office, Prov incial Administration Office,
Jail file
63. R.A 9263 – “ Bureau of Fire Protection – Bureau of
jail Management and Penology
Professionalization act of 2004” as amended by
R.A 9592
64. At least count 4 times/day
65. Jail Guard
1. 1st group – initial wave of anti-riot, protected
head gear, facemask
2. 2nd group – back up force, tear gas, gas
grenade
3. 3rd group – highly trained in firearm
66. Request to v iew the remain at least 3 days before,
offender/inmates not stay more than three hours
to v iew remain, must trav el by land, and return
daylight
67. At least 1 hour exercise
68. At least 8 hours work
69. P.P 76 – Elpidio Quirino HUKBALAHAP M ember
andLeader
70. P.P 51 – Manuel L. Quezon MAKAPILI Collaborated
the Japanese During WW II

Compendium of Correctional Administration (CA)

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