Hands out-INSTITUTIONAL-CORRECTION
Hands out-INSTITUTIONAL-CORRECTION
Hands out-INSTITUTIONAL-CORRECTION
➢ THE LAW OF THE TALION (Lex Talionis) of the principle of “tit for tat” (“eye for an eye” or
tooth for a tooth”) is one of the principle that can be viewed from most of the provisions of the
code of Hammurabi especially on sections involving punishments are either death or
mutilation.
➢ Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as the first
codifier of laws
➢ It provides the FIRST COMPREHENSIVE VIEW OF THE LAWS in the early days
THE HITTITES
➢ About two centuries after the Hammurabi, the Hittites flourished even though part of their
codes was discovered, few of its provisions are deciphered. What was observed in the code of
the HITTITES IS A GREAT IMPORTANCE OF MORALITY. It only shows that even during the
ancient time, values are greatly different from one group to other.
➢ THE BOOK OF DEUTERONOMY, the fifth book in the Bible, contains the basis of the Jewish
laws; one of the most prevailing theories is that of THE TEN (10) COMMANDMENTS found in
Chapter XII and XXVII. This is a form of covenant between God and the people of Israel, given to
Moses on the mountain top (Mt. Sinai).
➢ The counter part of this in the Islamic countries is the book of Koran, which has so much in
parallel to the Christian and Jewish culture.
THE GREEK
➢ The Code of Drakon “ULTIMATE SEVERITY” and the Solon are the two of the most famous
codes of Greek at about seventeenth century B.C. The Drakon comes first and later REPEALED
BY THE SOLON CODE except for some offenses still the principle of Talion was carried in these
codes.
➢ Other codes, the Roman law has the longest influenced over many criminal laws, it begins
with the Twelve Tables of Wood, prepared in 451-450 B.C.
➢ Presentation of the earliest Roman Codified laws, until it is largely INCORPORATED INTO THE
JUSTINIAN CODE finished in 529 and was revised in the next four (4) decades. Most of the
English common law and Western World legal codes were said to have been derived from it.
➢ Roman law began with the Twelve Tables which were written in the middle of the sixth
century BC
➢ the Twelve Tables were the foundation of all laws in Rome and written in tablets of bronze
➢ the Twelve Tables were drafted by the DECEMVIRS, a body of men composed of patricians
JUSTINIAN CODE - Isinulat ni Emperor Justinian of Rome noong 6th Century AD.
THE TWELVE TABLES (XII Tabulae) – Pinakaunang batayan ng batas noon sa Rome, na isinama
sa paglikha ng Justininan Code.
BURGUNDIAN CODE –Ang parusa sa bawat krimen ay naayon sa social class ng kriminal.
CODE OF KALANTIAW (Kalantiaw) – Sinasabing nilikha ni Datu Kalantiaw noong 1433.
MARAGTAS CODE – Kay Datu Sumakwel nagmula.
EARLY PRISONS
➢ ERGASTULUM –Rome, kinakadena ang mga alipin/kriminal habang sila’y nagtratrabaho nang
sapilitan.
The Former Royal Palace of Bridewell, London (1557) -Was the first WORK HOUSE FOR “POOR
AND IDLE PEOPLE”. 1602, Elizabeth I proclaimed that those prisoners who are not convicted of
murder, rape or burglary be sent to the Galleys to work as slave or oarsman to row naval vessel
and may even yield some profit out of their punishment.
“Act of the Punishment of Roque, Vagabonds and sturdy Beggars” (1597) BRIDEWELL
INSTITUTION - Law that was enacted during the reign of King Henry VII (1509-1947) under his
daughter Elizabeth I. It mandates that beggars should be return to their birth place, kept in jail
or house of correction until they could be put to work. These became later the basis of
transportation of criminals beyond the seas, as an alternative to corporal punishment.
In 1703 - Pope Clement has Hospice de San Michelle (St. Michael) in Rome. The prisoners were
classified according to their age and crime they had committed. This placed was designed for
incorrigible youths under 20 years of age and on top of their doors an inscription is written
which reads, – “ It is insufficient to restrain the wicked by punishment unless you render them
virtuous by corrective discipline.” At night they pray and sleep on separate cells for repentance
but at day time work in a large central hall isolation, solitary work in the cells, bread and water
diet, floggings and the black hole were some of the punishment.
BENEFITS OF CLERGY - This originated in a compromise with the Church which had maintained
that a member of the clergy brought to trial in a King’s Court might be claimed from that
jurisdiction by the bishop or chaplain representing him, on the ground that he, the prisoner,
was subject to the authority of the ecclesiastical courts only. (King Henry II).
IN 1773, JOHN HOWARD (1726-1790) (HIGH SHERIFF OF BEDFORDSHIRE) - As a young man he
traveled to Europe hoping to help in the relief of Lisbon after the disastrous earthquake of
1755. He was captured by the French and was held prisoner for two months in conditions of
great barbarity. Lucky he was returned to England as exchange prisoner. Having been
influenced by Beccaria and through his own experience he wrote a book entitled “ THE STATE
OF THE PRISONS IN ENGLAND AND WALES” which makes him known as ONE OF THE GREATEST
PRISON REFORMER. In 1735 Clement XII established an institution for woman based on the
work of John Howard.
18th Century - Considered to be one of the most brutal ages for punishing criminals. A
combination of the Old and New system. Flogging was the most popular method of corporal
punishment. Hanging is publicly done just like a scenario in a carnival where the phrase gala
day, gala occasion was derived from the word gallaome.
1718 - Punishment and transportation of criminals from England to America became a practice
although it was abruptly HALT IN 1778 due to American Revolution leading England to divert
her convicts to Australia and New Zealand.
Old “Hulk” (Prison ship)- (Abandoned and unsuitable transport ships) = was converted as
prison in order to ease the congestion in prison. But this resulted into a more degrading life for
both prisoners and guards to the point that they call is the “floating hell”. This even last for 85
years and no segregation was made between youth, man and woman.
➢ UTILITARIAN CONCEPT
➢ Punishment is justifiable only on the supposition that it helps deter a person from
committing a crime. NO CAPITAL PUNISHMENT. LIFE IMPRISONMENT is a better deterrent.
BANISHMENT is an excellent punishment for crimes against state. Crimes against property
should be punished by fine or imprisonment only when the person is incapable of paying the
fine. Capital punishment is irreparable and hence no provision for possible mistakes and the
desirability or later reflection.
➢ Imprisonment should be more widely employed but its mode of applications should be
greatly through providing better physical quarters and by separating and classifying the
prisoners into age, sex and degree of criminality.
JEREMY BENTHAM
➢ UTILITARIANISM
➢ PANOPTICON PRISON
“...The greatest leader in the reform of English Criminal Law. He believes that whatever
punishment designed to negate whatever pleasure or gain the criminal derives from crime, the
crime rate would go down.”– BENTHAM
4 objectives ng punishment ayon kay Bentham:
➢ To prevent all offenses , if possible
➢ If a person chooses to commit an offense, punishment will persuade him to commit a less
rather a more serious one;
➢ When a person made up his mind to commit a particular offense, punishment disposes him
to do more mischief than is necessary to his purposes;
MAISON DE FORCE - was in Belgium, the inmates were whipped and had to adhere to the rule
of silence.
MANUEL MONTESINOS - (Director of the Prisons of Valencia, Spain in 1835) = divided prisoners
into companies and appointed a prisoners a petty officer in charge. Academic classes of one
hour a day, more given all inmates under 20 years of age.
DOMETS (France) = Established agricultural colony for delinquent boys in 1839 focus on re-
education. Once discharged, the boys placed under the supervision of a patron.
VOLTAIRE - He was the most versatile of all philosophers during this period. “He believe that
fear of shame was a deterrent to crime” he fought for legality sanctioned of torture.
ELMIRA REFORMATORY (1876) = established a link between the community based program
and the penal institution.
ALCATRAZ PRISON –Kilala bilang “The Rock”,
SIR EVELYN RUGGLES BRISE (England) - Director of English Prison, after visiting Elmira
Reformatory, opened Borstal Institution near Roached, In Kent which was considered as the
best reform Institutions for young Offenders
PENALTY - defined as the suffering inflicted by the state against an offending member for the
transgression of law.
JUSTIFICATIONS OF PUNISHMENT
➢ Retribution (Paghihiganti/vengeance)
➢ Expiation or Atonement
➢ Deterrence
➢ Legal
➢ Definite
➢ CITY JAIL
➢ DISTRICT JAIL
➢ PROVINCIAL JAIL
PRISON – Kapag lampas 3 years ang, dito ang landing. Administered ng national government
under sa Bureau of Corrections. Kabilang din dito ang mga penal colonies/farms. (GRECO-
ROMAN: Presidio)
➢ MEDIUM SECURITY CAMP, 2.5 kilometers from the main building. Kilala din bilang Camp
Sampaguita, nandito ang Youth Detention Center.
➢ HALF-WAY HOUSE
➢ TANGLAW SETTLEMENT
REPUBLIC ACT NO. 10592 (MAY 29 2013) -Amends sa Articles 29, 94, 97, 98, at 99 ng Revised
Penal Code (RPC)
GOOD CONDUCT TIME ALLOWNCE (GCTA) -Good conduct time allowance is a privilege granted
to a prisoner that shall entitle him to deduction of his term of imprisonment.
SPECIAL ALLOWANCE FOR LOYALTY (Article 98)- It is a deduction of 1/5 of the period of
sentence to any prisoner who, having evaded the service of his sentence under the
circumstances in Article 158 of RPC gives himself up to the authority within 48 hours following
the issuance of a proclamation announcing the passing away of the calamity by the President of
the Philippines.
PRISONERS - FRISKING - RDC (Reception and Diagnostic Center) 5 days quarantine, 55 days stay
(60days)
Leaves from prison
60 days before election and 30 days after election no release of prison.
Death = leave should only be allowed for medium and minimum risk prisoner (immediate
relative/legitimate spouse) apply two days before and allowed within 30 kilometers radius by
land
3 days before – interview with minimum and medium
Note: Waiver and liability signed by/reported when requesting for interview
Halfway house = Japan Nagoya halfway house with 2 hours caring institution for those who are
about to be release. (BOARD QUESTION)
RIOTS OR DISTURBANCE
1 ST GROUP – ANTI RIOT CONTINGENCY GROUP NO F/A
2ND Group – Back up group may use teargas.
3rd Group = trained to handled gun.
COMMAND Group
Chief
Dept. Chief
Chief of Staff
Disciplinary Actions
BJMP - Disciplinary Board (resolves issues within 48 hours)
BUCOR – Board of Discipline (resolve issues within 5 working days)
Reprimand - lowest penalty for violation in prison Segregation Cell or Bartolina
1 - 7 days severe punishment in BJMP
1 – 2 months severe punishment in BuCor
AFP STOCKADE - those who were in Baguio with sentence of only
AGRICULTURAL AND FOREST CAMP = for youth convicted (youth camp)
DEATH CONVICT = those sentenced for death (lethal injection)
WITHIN 24 DAYS – all letters are documented
Privilege for visit with priest/family every week and others.
At least four (4) members of the family except minor, two lawyers, personnel of PPA, two
media from tabloid and broad sheet, news TV, Radio and Foreign --- only to serve as witness
and not to do other thing. (in case of execution)
Note:
60 YEARS OLD - exempt from work
8 HOURS – minimum work time
AT LEAST 4 TIMES/ DAY - check of attendance
Mail allowed expenses should be shoulder by the prisoner subject to censorship.
Within 24 hours posted, if not taken, it will be taken and turnover to your dormitory.
PREGNANT WOMAN - can stay within one year if nowhere to place the baby, the baby will be
given to DSWD.
According to Security Risk
MAXIMUM = 20 years sentence (Orange or tangerine)
MEDIUM = (blue)
MINIMUM =(brown)
DETAINEE= (gray)
BJMP= (yellow)
According to privilege
• DETAINEE
• THIRD CLASS INMATE
• SECOND CLASS INMATE
• FIRST CLASS INMATE
• COLONIST (colonies)
According to Status:
• Detention prisoners
• Sentenced prisoners
According to PD 29:
• Insular or National Prisoner = ang sentence ay 3yrs and one day to death, may multa namore
than six thousand pesos (P6,000.00), or parehas na ganoon ang sentensya at multa.
• City/ Provincial Prisoner = ang sentence ay less than 3 years,may multa naless than six
thousand pesos (P6,000.00) but more than two hundred pesos (P200.00), or parehas na ganoon
ang sentensya at multa.
➢ AGE – ang mga prisoner na 17 years old at pababa ay ihinihiwalay para hindi lumaki na
hardened criminal.
➢ MEDICAL OR MENTAL CONDITIONS –Ang mga may sakit sa pag-iisip, mga sexual deviant, at
may mga pisikal na pagkukulang ay ihinihiwalay dahil may mga sari-sariling pangangailangan
ang mga ito.
➢ DEGREE OF CUSTODY – is the most used factor for diversification that is the extent of strict
keeping necessary for he prison in confinement.
7. CLASSIFICATION
The process of assigning or grouping of inmates according to their sentence, gender, age,
nationality, health, criminal records and other pertinent facts as basis.
PROCEDURES OF CLASSIFICATION (60 days)
a. DIAGNOSIS – Pag-aaralan ang case history at ugali ng prisoner. Aalamin ang mga katangian ng
kriminalidad niya, at doon ibabase ang kaniyang rehabilitation program.
b. TREATMENT PLANNING –Ang pagpaplanao at paggawa ng treatment program.
c. EXECUTION OF THE TREATMENT PROGRAM –ang actual na pagsasagawa ng treatment
program.
d. RE-CLASSIFICATION – Ang pagsubok sa treatment program at pagkumpara ng impormasyon
A. The Jail Desk Officer carefully checks the credentials of the person(s) bringing in the inmate
to determine his/her/their identity and authority.
B. This is understood therefore that other standing warrants must have been served when a
person is admitted for jail custody.
C. The jail Desk Officer carefully examines the arrest report and the authenticity of the
COMMITMENT ORDER or MITTIMUS in due form to determine whether the inmate has been
committed under legal authority.
Mittimus - Warrant, issued ng court. May seal at may signature ng judge.
Commitment - Ang diwa ng pag-abot ng isang inmate para ikulong.
Commitment order - Ang nakasulat na utos galing sa court, na nagsasabing ikukulong ang
isang tao
D. Person arrested by virtue of a Warrant of Arrest must secure a Commitment Order from the
Court where the Warrant of Arrest is issued before he can be committed to jail.
E. The admitting jail officer confiscates all cash and other personal property from the inmate,
lists them down on a receipt from in duplicate, duly signed by him / her and countersigned by
the inmate.
F. All cash and other valuables of the inmate must be turned over to the PROPERTY CUSTODIAN
for safekeeping and covered by official receipts.
G. The inmate is then fingerprinted and photographed.
H. The admitting jail officer accomplishes a JAIL BOOKING REPORT attaching, there to the
inmate’s photograph for reference.
I. The newly admitted inmate shall be thoroughly STRIP-SEARCHED. His / Her clothing shall also
be carefully examined for CONTRABAND. He / she is then checked for body vermin, cuts,
bruises and other injuries, and for needle marks to determine if he / she is a drug dependent.
J. The jail Medical Personnel or the Local Health Officer immediately conducts a thorough
Medical Examination of the inmate. Medical Examination, period.
K. When it is not possible for the Jail Medical Personnel to be in attendance during the inmate’s
admission, the RECEIVING OFFICERS shall observe the mental alertness, overall appearance,
physical abnormalities, rashes, scratches or other identifying marks of the individual and note
them down in the inmate’s jail booking report. The offender observed to be suffering from any
contagious disease is immediately isolated.
L. A medical record is accomplished by the JAIL MEDICAL PERSONNEL or LOCAL HEALTH
OFFICER, showing the condition of the inmate at the time of admission and to include, if
possible, his / her medical history.
M. The sentenced inmates shall be provided with JAIL CLOTHING. His / Her personal clothing
should be properly received, cleaned and stored safely until his / her release. THE DETAINEE,
FOR HIS / HER OWN SAFETY, MAY BE ALLOWED TO WEAR CIVILIAN CLOTHES.
N. In case of a detainee, the record shall also indicate the crime of which he / she was
convicted; the sentencing court, his / her sentence and the commencement date thereof;
institutional behavior and conduct, and date he / she was received for confinement.
O. Upon completion of the reception procedures, the DETAINEE IS ASSIGNED TO HIS / HER
QUARTERS.
P. The detainee should be issued all the materials that he / she will be using during his / her
confinement, if such materials are available.
Q. Upon receipt of a detainee, he / she shall be appraised, preferably in the dialect which he /
she understands, that under Article 29 of the Revised Penal Code, as amended by the REPUBLIC
ACT NO. 6127, 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;i. 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.
R. If the inmate agrees to abide by the same disciplinary rules imposed upon convicted inmates,
he / she shall be asked to sign a DETAINEE’S MANIFESTATION. Otherwise, the warden issues a
CERTIFICATION under oath to the effect that the detainee was apprised of the provisions of
Article 29 of the RPC, as amended, and that the detainee refused to abide the rules imposed
upon convicted inmates.
S. An inmate who signs a Detainee’s manifestation shall be treated as a sentenced inmate
insofar as work and discipline are concerned. Any failure or neglect to perform his / her
assigned work shall be sufficient cause for the cancellation of the Manifestation. Thereafter,
he / she shall not be treated as a convicted inmate cease to earn the privilege granted.
T. A Detainee who is covered by a CERTIFICATION is not required to work but he / she may be
made to clean his / her cell and perform such other work as may be necessary for hygienic or
sanitary reasons. He / She shall be credited with the service of his / her sentence with FOUR-
FIFTHS (4/5) of the time during which he / she was detained.
U. The warden submits the Detainee’s Manifestation or Certification as the case may be, to the
proper court BEFORE THE DATE SET FOR THE ARRAIGNMENT OF THE INMATE and the same
shall form part of the records of the case.
V. The same procedure shall be followed with respect to all accused persons who have been
convicted but whose cases are pending appeal before a higher court. The Detainees
Manifestation or Certification as the case may be, shall form part of the records of the case.
W. Full credit for the preventive imprisonment shall commence from the date of the Detainee’s
Manifestation.
➢ Photograph shall be marked on the reverse side and returned to the enveloped ;
➢ Coded messages, prison slang, unusual nicknames and sentences with double meaning
should be looked up and deciphered;
Censors stamp shall be marked at the top of each page and on the envelope show that it has
passed the censor’s scrutiny and then the enveloped is resealed ;