BJMP MANUAL a.

Insular Prisoner - one who is sentenced to a prison

term of three (3) years and one (1) day to reclusion
RULE II perpetua or life imprisonment;
COMMITMENT AND CLASSIFICATION OF PRISONERS b. Provincial Prisoner - one who is sentenced to a
AND DETAINEES prison term of six (6) months and one (1) day to three
(3) years;
A person can be committed to jail only upon the
issuance of an appropriate order by a competent court c. City Prisoner - one who is sentenced to a prison
or authority so mandated under Philippine laws. This term of one (1) day to three (3) years; and
Rule enumerates courts and authorities, and classifies
inmates according to the conditions for their d. Municipal Prisoner - one who is sentenced to a
commitment. prison term of one (1) day to six (6) months.

Section 13. COMMITMENT - means entrusting for the

confinement of an inmate to a jail by a competent Section 18. CLASSIFICATION OF DETAINEES - The
court or authority, for the purposes of safekeeping three (3) classes of detainees are those:
during the pendency of his/her case.
a. Undergoing investigation;
Section 14. COURTS AND OTHER ENTITIES
AUTHORIZED TO b. Awaiting or undergoing trial; and

COMMIT A PERSON TO JAIL- The following (courts and c. Awaiting final judgment.
entities) are authorized to commit a person to jail:
a. Supreme Court;
Section 19. INMATES SECURITY CLASSIFICATION -The
b. Court of Appeals; following are the classifications of inmates according
to security risk each may pose:
c. Sandiganbayan;
a. High Profile Inmate - those who require increased
d. Regional Trial Court; security based on intense media coverage or public
e. Metropolitan/Municipal Trial Court; concern as a result of their offense such as but not
limited to those who have been involved in a highly
f. Municipal Circuit Trial Court; controversial or sensationalized crime or those who
became prominent for being a politician, government
g. Congress of the Philippines; and
official, multi-million entrepreneur, religious or
h. All other administrative bodies or persons cause-oriented group leader and movie or television
authorized by law to arrest and commit a person to personality.
jail.
b. High Risk Inmate - those who are considered highly
dangerous and who require a greater degree of
security, control and supervision because of their
Section 15. CLASSIFICATION - refers to assigning or to deemed capability of escape, of being rescued, and
grouping of inmates according to their respective their ability to launch or spearhead acts of violence
penalty, gender, age, nationality, health, criminal inside the jail. This includes those charged with
records, etc. heinous crimes such as murder, kidnapping for
Section 16. CATEGORIES OF INMATES -The two (2) ransom, economic sabotage, syndicated or organized
general categories of inmates are: crimes, etc. Also included are inmates with military or
police trainings or those whose life is in danger or
a. Prisoner - inmate who is convicted by final under imminent threat.
judgment; and
c. High Value Target (HVT) - a target, either a resource
b. Detainee - inmate who is undergoing or a person, who may either be an enemy combatant,
investigation/trial or awaiting final judgment. 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
Section 17. CLASSIFICATION OF PRISONERS - The four and which a commander requires for the successful
(4) main classes of prisoners are: completion of the same.
d. Security Threat Group - any formal or informal b. Medical Certificate - recent medical certificate
ongoing inmates’ group, gang, organization or taken within 24 hours prior to admission;
association consisting of three or more members
falling into one of the following basic categories: c. Complaint/Information;
street gangs, prison gangs, outlaw gangs, traditional d. Police Booking Sheet; and
organized crime, aboriginal gangs, subversive groups
and terrorist organizations. e. Certificate of Detention from PNP and/or NBI.

e. Subversive Group - a group of persons that adopts

or advocates subversive principles or policies tending
RULE III
to overthrow or undermine an established
government. RECEPTION AND RELEASING PROCEDURES,
CLASSIFICATION BOARD, DISCIPLINARY BOARD AND
PUNISHABLE ACTS OF INMATES
f. Terrorist Group - a group of persons that commits
One of the Guiding Principles of the United Nations
any of the following: piracy and mutiny in the high
Standard Minimum Rules for the Treatment of
seas or in the Philippine waters, rebellion or
Prisoners states that “Imprisonment and other
insurrection, coup d’état, murder, kidnapping and
measures which result in cutting off an offender from
serious illegal detention, crimes involving destruction,
the outside world are afflictive by the very fact of
arson, hijacking, violation of laws on toxic substances
taking from a person the right of self-determination by
and hazardous and nuclear waste control, violations of
depriving him/her of his/her liberty. Therefore, the
atomic energy regulations, anti-piracy and anti-
prison system shall not, except as incidental to
highway robbery, illegal and unlawful possession,
justifiable segregation or the maintenance of
manufacture, dealing in, acquisition or disposition of
discipline, aggravate the suffering inherent in such a
firearms, ammunitions or explosives.
situation”. Hence, a well-planned and organized
reception of detainees is critical to achieving this. The
inmate’s first impression of the correctional process
g. Violent Extremist Offender (VEO) - a person whose greatly influences his/her attitude and behavior
political or religious ideologies are considered far toward the custodial and rehabilitative regimens
outside the mainstream attitudes of the society or he/she must undergo during confinement and
who violates common moral standards and who has perhaps, to some extent, affect his/her outlook and
adopted an increasingly extreme ideals and adjustment after his/her release. This Rule provides
aspirations resorting to the employment of violence in guidance on the reception and disciplinary aspects of
the furtherance of his/her beliefs. jail management.

h. Medium Risk Inmates -those who represent a Section 21. RECEPTION PROCEDURES - A decent and
moderate risk to the public and staff. These inmates humane program of confinement starts with a
still require greater security, control and supervision systematic reception of inmates for commitment to
as they might escape from and might commit violence the BJMP’s jail facilities. The following procedures
inside the jail. should therefore be observed:
A. Gater - He or she checks the credentials of the
i. Minimum Risk Inmates (Ordinary Inmates) - those person bringing the inmate/the committing officer to
inmates who have lesser tendencies to commit determine his/her identity and authority. Also, he or
offenses and generally pose the least risk to public she reviews the completeness of the following
safety. In most cases, they may be first time offenders documents before the person bringing an inmate/the
and are charged with light offenses. committing officer is allowed to enter the facility. The
documents mentioned earlier refer to the:
1. Commitment Order;
Section 20. REQUIREMENTS FOR COMMITMENT - No
person shall be committed to any jail facility without 2. Medical Certificate – recent medical certificate
the following required documents: taken within 24 hours prior to admission;

a. Commitment Order; 3. Complaint/Information;

4. Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI. D. Records Unit -Receives the inmate and the
documents from the committing officer and conducts
Additionally, the "gater" shall subject the person to be the following:
committed and his/her escorts for search and
inspection as prescribed. Finally, he or she (gater) 1. Start the booking procedures:
refers the person to be committed and his or her
escorts to the Records Unit. a. Accomplish the jail booking sheet;

B. Records Unit- This unit examines the completeness b. Strip-search the inmate to check for any birth
and authenticity of the requirements for Commitment marks, tattoos, etc;
(Commitment Order, Booking Sheet, Arrest Report and c. Encode the inmate's information to the NIMS;
Information) before it refers the inmate for physical
examination by the Health Unit. d. Fingerprint and photograph the inmate with mug
shot background; and
e. List the names of the visitors authorized by the
C. Health Unit: inmate.
1. Checks the authenticity of the entries in the medical 2. Apprise the inmate in a dialect that he/she
certificate; conducts thorough physical examination of understands of the provisions of Art 29 of the RPC
the inmate to determine his or her true physical which was further amended by R.A. 10592; (Refer to
condition; and asks searching questions to determine ANNEX “A”)
injury/injuries found to have been sustained by the
inmate after the conduct of medical examination or 3. Facilitate the signing of the Detainee’s
those injuries not diagnosed prior to commitment in Manifestation if he/she agrees to abide by the same
jail. Inmate is required to undress while undergoing disciplinary rules imposed upon convicted inmates.
medical examination. A female inmate shall be Otherwise, the warden issues a certification under
examined by female health personnel. A male inmate oath manifesting that the inmate was apprised of the
may be examined by either male or female health provision of Art 29 of the RPC as amended and
personnel; refused to abide by the same; and

2. In case of any discrepancy found during physical 4. Store all documents in the Inmate’s Carpeta.
examination but same discrepancy is not indicated in E. Property Custodian
the medical certificate, the committing officer shall be
required to secure another medical certificate of the 1. Checks the inmate’s belongings for presence of
inmate. The commitment of an inmate shall be held in contraband. Discovery of any contraband shall be
abeyance pending the submission of a new medical treated in accordance with existing policies.
certificate with findings congruent to the medical
2. Takes all cash and other personal properties from
findings of the jail physician/nurse. The reason for the
the inmate, lists them down on a receipt form with
deferment of commitment shall be recorded in the jail
duplicate, duly signed by him/her and countersigned
blotter. In case the committing officer fails to return
by the inmate. The original receipt should be given to
the inmate to jail within twenty-four (24) hours, the
the inmate and the duplicate be kept by the Property
reasons for the deferment of commitment and the
Custodian.
grounds thereof shall be reported immediately to the
court that issued the commitment order; 3. Keeps all cash and other valuables of the inmate in
a safety vault. Said cash and valuables may be turned
3. In the absence of a jail nurse/medical personnel,
over to any person authorized by the inmate.
the receiving officer shall refer the person to be
committed to the nearest government health facility 4. Refers the inmate to the desk officer.
for medical evaluation (check the medical certificate
and observe the mental alertness, physical F. Desk Officer - books the newly committed inmate in
abnormalities and the overall appearance of the the jail blotter; assigns the inmate to a reception area,
inmates); and if any, where he/she shall be scheduled for orientation
on jail rules and regulation, and shall undergo risk
4. If no discrepancy is found during physical assessment and classification, evaluation and conduct
examination, the inmate shall be referred back to the of further medical evaluation/screening by the
Records Unit. Medical Officer.
G. Assistant Warden or Officer of the Day - Orients personnel are available, to be composed of the
the newly committed inmates on jail rules and following:
regulations using the Inmate’s Orientation Sheet.
Chairperson - Assistant Warden
H. Jail Warden - Coordinates with concerned agencies
regarding the case of inmate for speedy disposition Member - Chief, Custodial/Security
and to furnish them with copies of the available Office Member - Medical Officer/Public Health
needed documents. The jail warden shall see to it that Officer Member- Jail Chaplain
all concerned agencies and persons will be informed Member - Inmates Welfare and
of the commitment of the inmate in his/her jail by Development Officer
submitting a written report. Through his/her paralegal
officer, he/she shall ensure that the courts and
prosecutors’ office are attending to the case of the Section 23. DUTIES AND FUNCTIONS OF THE
inmate by constantly coordinating with them for the CLASSIFICATION
purpose of speeding up the disposition of the case.
For this purpose, the sharing of non- confidential BOARD - The Classification Board is tasked to conduct
information with the concerned agencies is background investigation of inmates to determine the
encouraged. cell assignment, the appropriate rehabilitative
program, the type of supervision and degree of
The following agencies/persons shall be notified by custody and restrictions applicable to the inmate/s.
the warden upon commitment of the inmate: The investigation shall focus on the following:
1. Presiding Judge - (monthly submission of list a. Facts and data of the present case;
of committed inmates to the presiding judge is
mandatory) b. Inmate's recent criminal history and the facts about
the inmate's attitudes and behavior while confined in
2. Executive Judge/ Clerk of court - (monthly other institutions, if the inmate is a recidivist or a
submission of committed inmates IS mandatory) habitual delinquent;
3. PNP- mandatory c. Biography or life history;
4.NBI- mandatory d. Medical History;
5.Family- mandatory e. Vocational, recreational, educational and religious
6. PAO lawyer- in case of indigent inmate background/interests; and

7. IBP legal aide - in case of indigent inmate and f. Psychological characteristics as evaluated by the
unavailability of PAO lawyer psychiatrist and psychologist.

8. Private lawyer- upon request The inmate is required to appear before the
Classification Board for validation of his/her profile.
9. Priest or religious minister- upon request Upon completion of the classification assessment, the
10. Private physician- upon request inmate is then apprised of his/her cell assignment and
welfare programs appropriate for him/her. He/she is
11. Commission on Human Rights- as needed/to asked if he/she is willing to undergo this program for
submit list of committed inmates monthly his/her own good. If he/she is willing, the Board will
see to it that the program planned for the inmate is
12. Public physician- as needed followed. Then the inmate is assigned to his/her cell
13. Psychologist/Psychiatrist- as needed according to the approved classification.

14. Embassy- mandatory in case of foreign

national/alien Section 24. CLASSIFICATION PROCESS
15. DSWD - mandatory in case of CICL a. Admission of Inmate - Once the inmate has
16. Court/ Other branches - in case of multiple cases undergone the registration process; he/she will be
temporarily housed at the Inmate Classification and
Counseling Unit (ICCU) in jails where it is available.
Section 22. CLASSIFICATION BOARD - Each jail shall The inmate shall stay at the ICCU for a minimum
maintain a classification board, if facilities and period of thirty (30) days but not exceeding sixty (60)
days or until the completion of the classification
process. At the ICCU, the newly committed inmate will illness for further treatment. The result will be
undergo assessment by the different health recorded and shall bear the signature of the
professionals. psychiatrist who conducted the examination.
b. Medical Examination - The jail medical Officer or The inmate shall undergo psychiatric evaluation under
the jail officer designated nurse of the Health Unit will the following conditions:
conduct a thorough physical examination on the newly
committed inmate and will note down significant 1. The jail psychologist refers the inmate for
bodily marks, scars, tattoos and lesions based on the further evaluation;
medical certificate presented by the committing 2. The court orders the psychological/psychiatric
officer. He or she must ensure that his/her findings are evaluation of the inmate;
congruent to the medical certificate presented. Any
discrepancy shall warrant further investigation by and 3. The inmate was/is manifesting behavioral
reporting of the same to the CHR. oddities;

c. Results of the medical examination shall be 4. The inmate discloses or admits upon inquiry
recorded and shall bear the signature of the physician by the admitting health staff that he/she had previous
or nurse who conducted the examination. Medical psychiatric consultation or had undergone psychiatric
issues will be attended to accordingly. treatment;

d. Dental Examination - The jail dentist shall perform 5. The inmate discloses or admits upon inquiry
a thorough dental examination and recording of his or by the admitting health staff that he/she had
her findings. The record shall bear the signature of the attempted to commit or had committed suicide or
dentist who conducted the examination. Dental issues that he or she has noticeable body marks or scars
that need immediate attention shall be so attended to indicating history of suicidal behavior;
accordingly. 6. The inmate discloses or admits that he or she
e. Psychological Examination - The jail has a history of recent torture, or he or she has been a
psychologist-in-charge shall conduct psychological victim of physical abuse or domestic violence;
examination to determine the inmate’s psychological 7. The inmate discloses upon inquiry by the
state at the time of examination. Results will be health staff that he/she has recently ingested/abused
recorded in the psychologist’s logbook or in the health illicit substances or that he or she is an alcohol or
assessment card/HAS and shall bear the signature of other illicit substance dependent;
the psychologist who conducted the examination.
8. The disciplinary board referred the inmate for
f. Social Case Study - The jail social worker at the ICCU further evaluation and management; and
shall conduct in-depth interview with the newly
admitted inmate, an interview that considers the 9. The inmate is a recidivist for heinous crimes or
"who the inmate is" from birth up to the present was charged of a sexual offense or was considered as
including his/her familial, educational, social, violent sex offender.
vocational and other issues that has an impact on
his/her personality. The findings will be recorded and
shall bear the signature of the social worker who The working diagnosis will be recorded at the inmate’s
conducted the assessment. In jails without ICCU, the health assessment card and the details of the
interview will be done by the social worker-in-charge examination will be written in the psychiatrist’s
upon the order of the court or as requested by the logbook provided by the jail health unit. Every
medical officer, the psychiatrist or the duly designated examination result shall bear the signature of the
jail warden for specific purposes. examining psychiatrist.
g. Risk Assessment - A risk assessment tool shall be
utilized to determine the level of violence/risk the
inmate poses, either external or internal. This will help i. Case Management - Each inmate will be assigned to
in the proper classification and segregation of inmates a specific case manager who may either be a
and in the design of specific development plans. psychologist, a social worker or a nurse. The case
manager shall be responsible for the consolidation of
h. Psychiatric Evaluation - Using the results of the all the results and shall make the proper decision as to
psychological examination, social case study, and risk the classification of the inmates and the identification
assessment, the psychiatrist conducts a psychiatric development programs for each inmate.
evaluation to determine the present mental state of
the inmate and to diagnose any existing psychiatric
j. Inmate Orientation and Counseling - While sessions as often as necessary in a room, which may
undergoing assessment, the inmate shall be oriented be provided for the purpose. All cases referred to it
on the basic jail rules and regulations. He/she shall be shall be heard and decided within forty-eight (48)
introduced to the different development programs hours from the date of receipt of the case.
that would best promote his/her personal growth.
In this phase, the newly committed inmate shall
likewise undergo counseling for him/her to develop Section 27. AUTHORIZED DISCIPLINARY
better coping skills thereby preventing psychological ACTIONS/MEASURES
imbalance in the early phase of incarceration. FOR INMATES - The Board is authorized to impose any
k. Inmate Evaluation and Classification - Using the of the following disciplinary ACTIONS/MEASURES:
different tools of assessment, the newly committed
inmate will now be classified based on the level of risk
and present physical, mental and emotional state. 1. For Detainees:

l. Proper Cell Assignment and Development Plans - a. Admonition or verbal reprimand;

After the inmate has undergone all the assessments, b. Restitution or reparation;
his/her case manager shall consolidate all the results.
Based on the results of the final evaluation, the c. Temporary or permanent cancellation of all or some
inmate may then be assigned to the cell that is recreational privileges;
deemed best for his/her growth and well-being.
d. Reduction of visiting time;
m. The newly committed inmate is encouraged to
e. Close confinement in a cell for a period not
participate in the recommended development
exceeding seven (7) days in any calendar month,
programs.
provided that this disciplinary action shall be imposed
n. Monitoring - After the inmate has been transferred only in the case of an incorrigible inmate, and when
to his/her assigned cell and has been attending the other disciplinary measures had been proven
prescribed development programs, the case manager ineffective; and
shall periodically monitor, and change and enhance
f. Transfer to another BJMP jail in the area, in
inmate's development program/s depending on his or
coordination with the Court.
her behavioral progress.

2.For Prisoners:
Section 25. DISCIPLINARY BOARD - A disciplinary
board shall be organized and maintained for the a. Admonition or verbal reprimand;
purpose of hearing disciplinary cases involving any
inmate who violates jail rules and regulations. It shall b. Restitution or reparation;
be composed of the following: c. Additional job functions/community service within
Chairperson- Assistant Warden the jail premises;

Member- Chief, Custodial/Security Office d. Temporary or permanent cancellation of some or all

recreational privileges;
Member- Medical Officer/Public Health Officer
Member- Jail Chaplain e. Reduction of visiting time;

Member- Inmates Welfare and Development Officer f. Close confinement in a cell for a period not
Member- Inmates’ Representative exceeding seven (7) days in any calendar month,
provided that this disciplinary action shall be imposed
If the above composition is not feasible because of only in the case of an incorrigible inmate, and when
personnel limitation, the warden shall perform the other disciplinary measures had been proven
board’s functions and he shall act as the summary ineffective;
disciplinary officer.
g. Transfer to another BJMP jail in the area in
Section 26. DUTIES AND FUNCTIONS OF THE coordination with the Court;
DISCIPLINARY
h. Suspension of visiting privileges for a period not
BOARD – The Board is tasked to investigate the facts exceeding one (1) month, provided that this sanction
of an alleged misconduct referred to it. It shall hold
shall not apply to the lawyer, physician or religious the warden or the officer of the day may administer
minister serving the needs of the prisoner. the necessary restraints and report the action he or
she has taken to the disciplinary board.

i. Permanent cancellation of visiting privileges with

respect to persons not included in the definition of Section 29. PROCEDURES IN THE HEARING OF
immediate family under RA 7438, provided that this DISCIPLINARY
sanction shall not apply to the lawyer, physician or
religious minister serving the needs of the prisoner. CASES - The following procedures shall be followed in
the hearing of disciplinary cases:
a. The aggrieved inmate or any person (visitor, inmate
In addition to the above-mentioned punishment, the or personnel) reports the violation to the Desk Officer;
disciplinary board may recommend to the warden
partial or full forfeiture of good conduct time b. The desk officer shall immediately submit a written
allowance (GCTA) to be earned for a particular month report to the warden and the latter shall direct the
and subsequent months depending upon the gravity Investigation Unit to conduct an investigation within
of the offense. twenty-four (24) hours upon receipt of the directive.
The Investigation Unit shall submit to the Warden
their report together with their recommendations;
Section 28. LIMITATIONS ON DISCIPLINARY c. The warden shall evaluate the report and if he/she
PUNISHMENT FOR believes that there is no sufficient evidence to support
the alleged violation, he/she shall dismiss the case. If
INMATES - The Disciplinary Board shall consider the he/she believes that sufficient evidence exists, he/she
following limitations when imposing disciplinary shall decide the case and impose the necessary
punishment: penalty in case of minor violations. If the offense is
a. No female inmate shall be subjected to any less grave or grave, he/she shall endorse it to the
disciplinary punishment which might affect her disciplinary board for hearing or decide it
unborn or nursing child; himself/herself as a in his or her capacity as summary
disciplinary officer in the absence of a disciplinary
b. No infirm or handicapped offender shall be meted board;
out punishment, which might affect his/her health or
physical well-being; d. The inmate shall be confronted of the reported
violation and asked how he/she pleads to the charge.
c. Corporal punishment, confinement in dark or If he/she admits the violation or pleads guilty, the
inadequately ventilated cells and any form of cruel, Board or the Warden, as the case may be, shall
unusual, inhumane or degrading punishment are impose the corresponding authorized disciplinary
absolutely prohibited; action;
d. When necessary, the jail physician shall visit the e. If the inmate denies the charge, a summary hearing
detainee/prisoner undergoing punishment and shall shall be held giving the opportunity for both parties to
advise the warden of the need for the termination of present their testimonies and those of their witnesses,
the punishment imposed upon the inmate on grounds if any, and to present evidence to shed light on the
of the inmate's physical or mental health; case;
e. Instruments of restraint, such as handcuffs, leg irons f. After the hearing, the board shall decide with the
and straitjackets are not to be applied as a form of merits of the case as bases;
punishment. They shall only be used as a precaution
against escape and on medical grounds to prevent an g. Whether the inmate is found guilty or not, he/she
offender from injuring himself or others; should be advised to obey the rules and regulations
strictly and be reminded that good behavior is
f. Breaches of discipline shall be handled without indispensable for his/her early release and/or the
anger or emotionalism and decisions shall be executed granting of privileges; and
firmly and justly; and
h. Decisions of the Board are subject to review and
g. As a general rule, any violation of jail rules and approval by the warden whose decision should be
regulations or misconduct committed by the inmate final and executory.
shall be dealt with accordingly. In extreme cases
where the violation necessitates immediate action,
Section 30. PUNISHABLE ACTS - An inmate is strictly l. Using the telephone without
prohibited from committing any of the following acts: authority from the desk officer/warden;
1. MINOR OFFENSES: m. Writing, defacing, or drawing on walls, floors
or any furniture or equipment;

a. Selling or bartering with fellow inmate(s) those

items not classified as contraband; n. Withholding information, which may be inimical or
prejudicial to the jail administration;
b. Rendering personal service to fellow inmate(s);
o. Possession of lewd or pornographic literature
c. Untidy or dirty personal appearance; and/or photographs;
d. Littering or failing to maintain cleanliness and p. Absence from cell, brigade, place of work during
orderliness in his/her quarters and/or surroundings; headcount, or at any time without justifiable reason;
e. Making frivolous or groundless complaints; and

f. Taking the cudgels for or reporting complaints on q. Failure to turn over any implement/article/s issued
behalf of other inmates; after work detail.

g. Reporting late for inmate formation and inmate

headcount without justifiable reasons; and 3. GRAVE OFFENSES:
h. Willful waste of food.

a. Making untruthful statements or lies in any official

2. LESS GRAVE OFFENSES: communication, transaction, or investigation;
b. Keeping or concealing keys or locks of places in the
jail which are off-limits to inmates;
a. Failure to report for work detail without sufficient
justification; c. Giving gifts, selling, or bartering items with jail
personnel;
b. Failure to render assistance to an injured personnel
or inmate; d. Keeping in his/her possession money, jewelry,
cellular phones or other communication devices and
c. Failure to assist in putting out fires inside the jail; other items classified as contraband under the rules;
d. Behaving improperly or acting boisterously during e. Tattooing others or allowing him/her to be tattooed
religious, social and other group functions; on any part of the body, or keeping any paraphernalia
e. Swearing, cursing or using profane or defamatory to be used in tattooing;
language directed at other persons; f. Forcibly taking or extorting money from fellow
f. Malingering or pretending to be sick to skip work inmates and visitors;
assignment; g. Punishing or inflicting injury or any harm upon
g. Spreading rumors or malicious intrigues to besmirch himself/herself or other inmates;
the honor of any person, particularly BJMP personnel; h. Receiving, keeping, taking or drinking liquor and
h. Failure to stand at attention and give due respect prohibited drugs;
when confronted by or reporting to any BJMP i. Making, improvising or keeping any kind of deadly
personnel; weapon;
i. Forcing fellow inmates to render personal service to j. Concealing or withholding information on plans of
him/her and/or to others; attempted escapes;
j. Exchanging uniforms or wearing clothes other k. Unruly conduct and flagrant disregard for discipline
than those issued to him/her for the purpose of and instructions;
circumventing jail rules;
l. Escaping, attempting or planning to escape from the
k. Loitering or being in an unauthorized place; institution or from any guard;
m. Helping, aiding or abetting others to escape;
n. Fighting, causing any disturbance or participating
therein and/or agitating to cause such disturbance or
riot; 2. Before an inmate is released, he/she shall be
properly identified to ensure that he/she is the same
person received and is subject of release. His/her
marks and fingerprints shall be verified with those
o. Indecent, immoral or lascivious acts by taken when he/she was received. Any changes or
himself/herself or others and/or allowing differences in his/her distinguishing marks and scars
himself/herself to be the subject of such indecent, shall be investigated to ascertain his/her real identity
immoral or lascivious acts; in order to prevent the mistaken release of another
p. Willful disobedience to a lawful order issued by any person;
BJMP personnel; 3. No inmate shall be released on a mere verbal order
q. Assaulting any BJMP personnel; or an order relayed via telephone. The release of an
inmate by reason of acquittal, dismissal of case,
r. Damaging any government property or equipment; payment of fines and/or indemnity, or filing of bond,
s. Participating in kangaroo court, an unauthorized or shall take effect only upon receipt of the release order
irregular court conducted with disregard for or served by the court process server. The court order
perversion of legal procedures as a mock court by the shall bear the full name of the inmate, the crime
inmates in a jail/prison; he/she was charged with, the criminal case number
and such other details that will enable the officer in
t. Affiliating with any gang or faction whose main charge to properly identify the inmate to be released;
purpose is to foment regionalism or to segregate
themselves from others; 4. Upon proper verification from the court of the
authenticity of the order, an inmate shall be released
u. Failing to inform the authorities concerned when promptly and without unreasonable delay;
afflicted with any communicable disease, such as
tuberculosis, sexually-transmitted diseases, etc.; 5. Under proper receipt, all money earned, other
valuables held and entrusted by the inmate upon
v. Engaging in gambling or any game of chance; admission, shall be returned to him/her upon release;
and
w. Committing any act which violates any law or
ordinance, in which case, he/she shall be prosecuted 6. The released inmate shall be issued a certification
criminally in accordance with law; and of discharge from jail by the warden or his/her
authorized representative.
x. Committing any act prejudicial to good order and
discipline.
Section 32. PROCEDURE ON RELEASING - The
procedures shall be observed when inmates are to be
Any personnel, especially warden, found to be
released from detention.
allowing and tolerating any violation mentioned above
will be immediately relieved from his/her designation 1. Desk Officer
without prejudice to his or her being administratively
charged. Upon receipt of release order, the desk officer shall
coordinate with the paralegal officer for verification of
the authenticity of said order.
Section 31. MODES AND GUIDELINES FOR RELEASE - 2. Paralegal Officer - Verifies the authenticity of
The following modes and guidelines shall be observed the release order.
when inmates are to be released from detention:
3. Records/Admin Officer
1. An inmate may be released through:
a. Starts processing inmate’s release.
a. Service of sentence; b. Checks inmate records to ensure that the data
in the release order coincide with the data in
b. Order of the Court; the inmate’s carpeta (spelling of name,
c. Parole; offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other pending
d. Pardon; and case/s.
d. Routes the release paper to different
e. Amnesty.
signatories.
 have been properly evaluated and classified for this
purpose.
4. Property Custodian
1. Checks on the receipt of property and returns
to the inmate his/her deposited items.
2. Makes sure that returned items of the inmate Section 34. HANDLING INMATES WITH SPECIAL
are duly received and properly recorded. NEEDS – The following guidelines shall be observed in
5. Desk Officer - Records the release of inmate handling inmates with special needs:
and the condition of the inmate upon his/her 1. Female
release.
6. Jail Warden- Reports to concerned a. The female dorm should be completely separated
agencies/persons the release of inmate for from the male dorm;
aftercare program. Upon release of the b. A female personnel shall be designated to keep the
inmate, the warden shall notify the following keys of the female dorms;
agencies/persons:
c. Only work suitable to their age and physical
Barangay Captain - mandatory Priest or religious condition should be assigned to female inmates;
minister - mandatory
d. No male inmate shall be allowed to enter the
Family - if release is not witnessed by any member of female dorm;
immediate family
e. Male personnel must provide female inmate with
Court - in case of convicted inmate utmost privacy and respect for personal space;
f. No male jail personnel should be allowed to enter
RULE IV the female dorm except in emergency cases or when
necessary;
TREATMENT OF INMATES WITH SPECIAL NEEDS
g. Searches shall be performed by a female personnel
The United Nations Standard Minimum Rules for the trained in the conduct of appropriate searching
Treatment of Prisoners provides that “so far as methods, shall be made in accordance with
possible, separate institutions or separate sections of established rules, and shall be provided with privacy
an institution shall be used for the treatment of the during the procedure;
different classes of prisoners”. The BJMP has adhered
to this principle since its creation. However, the rise in h. Medical/physical examination shall be performed
criminality in recent years, coupled with the passage by female health personnel. In the absence of a
of more stringent laws (especially for drug-related female health staff, the examination shall be
offenses) and the adoption of better crime solution performed by a male health personnel in the presence
methods resulted in a marked increase in inmate of a female staff; and
population in BJMP detention centers. The lack of i. Female inmates shall be provided with the
funds to expand existing jails or to build new ones opportunity to avail themselves of all programs and
aggravates the situation. This rule, therefore, provides activities male inmates are provided with.
guidance to wardens and jail officers treating unusual
inmates or those with special needs, given the limited
resources. 2.Drug Users/Dependents/Alcoholics
a. Inmates found to be drug
Section 33. BASIC POLICY - As a general rule, inmates users/dependents/alcoholics should be segregated
with special needs should not be held in jails with from other inmates, especially during the withdrawal
other “regular” inmates. For example, female inmates period;
should be confined in institutions separate from those b. Inmates undergoing drug/alcohol withdrawal must
used for males, and male youth offenders should not be referred to the jail psychiatrist, physician or nurse
be mixed with adult offenders. However, given the for evaluation and management;
reality relative to budget constraints, increasing
inmate population, insufficient facilities and c. Appropriate measures should be taken to enable
inadequately equipped detention homes, wardens inmates to follow strictly the jail physician’s advice
and jail officers shall endeavor to provide the best regarding diet and other medical
arrangement they can make for such inmates, in interventions/treatments during the withdrawal
keeping with this rule. It is assumed that the inmates period;
d. Maintain close supervision over inmates to prevent c. Maintain close supervision over suicidal inmates at
attempts to commit suicide or self-mutilation by all times and designate personnel trained to handle
designating a jail personnel trained to manage such such cases; and
cases; and
d. Subject them to frequent strip/frisk searches, and
e. Conducts a regular search of the inmate’s dorm and greyhound operation for tools/materials that can be
maintain constant alertness to prevent the smuggling used for suicide.
of narcotics, liquors and other dangerous drugs.

7. Sex Deviates
3. Mentally-ill
a. Homosexuals should be segregated immediately to
a. Inmates manifesting signs and symptoms of mental prevent them from influencing other inmates or being
illness must be referred to the jail psychiatrist for maltreated or abused by other inmates; and
evaluation and treatment;
b. Likewise, other sex deviates should be separated
b. Disturbed inmates (mentally-ill inmates) should be from other inmates for closer supervision and control.
transferred to mental institutions for proper
psychiatric treatment upon the issuance of a court
order; 8. Escape-Prone Inmates
c. Close supervision and medical management of a. Escape-prone inmates should be held in the most
mentally-ill inmates should be maintained by a jail secure quarters, preferably in single-inmate cells, to
medical personnel; minimize their contact with one another;
d. Place the mentally-ill inmates in separate dorms or b. Their conduct/behavior should be closely
in a special restraint room provided for violent cases; watched/observed during and after visiting hours and
and their activities, closely monitored;
e. Maintain close supervision over inmates to guard c. They should be frequently strip searched and their
against suicidal attempts or violent attacks on others. quarters frequently inspected;
d. Special attention should be given to the
4. Lesbian, Gay, Bisexual, Transgender (LGBT) examination of items recovered from strip searches;
and
a. Segregate LGBTs to prevent their maltreatment and
abuse by other inmates and to prevent them from e. Telephone calls must be restricted and only calls
maltreating and abusing other inmates. that can be monitored through an extension line shall
be allowed.

5. Sex Offenders
9. Inmates with Disability
a. Inmates charged with sexually-related crimes
should be segregated to prevent them from taking a. Inmates with disability should be segregated and
advantage of other inmates; and closely supervised to protect them from maltreatment
and any form of abuse by other inmates, personnel
b. Maintain close supervision and control. and visitors;
b. Individual case management and special activities
should be developed and conducted to address
6. Suicidal Inmates distinct of the inmates;
a. Inmates manifesting signs and symptoms of c. Collaboration with other government agencies
depression/suicidal tendency must be referred to the should be done to ensure that disabled inmates are
jail psychiatrist for evaluation and management; provided with the services and benefits contemplated
b. Inmate who attempts to commit or has attempted under the Magna Carta for disabled persons; and
to commit suicide must be transferred to a d. Tasks related to self-care of inmates with disability
government psychiatric hospital immediately upon shall be supervised and assisted to avoid potential
issuance of court order; self-harm or accidents.
10. Children in Conflict with the Law (CICL)
Pursuant to the RA 9344, CICL shall not be confined in
jails. Hence, serious efforts shall be exerted by
Wardens to immediately transfer the custody of any
CICL to a Youth Detention Home or Youth 12. Infirm Inmates
Rehabilitation Center.
a. Inmates with contagious diseases must be
a. Upon admission, CICL shall be subjected to a segregated to prevent the spread of said contagious
thorough physical examination. The results of such diseases;
examination shall form part of the records of the case
of the CICL; b. Infirm inmates should be referred to the jail
physician or nurse for evaluation and management;
b. Provide a separate detention cell for CICL; and
c. Continuously coordinate with the Public Attorney’s c. Infirm inmates must be closely monitored and
Office (PAO) for the provision of paralegal assistance provide with appropriate medication and utmost care.
to expedite CICL cases;
d. Continuous coordination and follow-up of CICL
cases should be made facilitate the provision of 13. Pregnant Inmates/Female Inmates with
appropriate intervention programs by the DSWD; Infants

e. The “Law on Proportionality" in the implementation a. Pregnant inmates must be referred to jail physician
of rehabilitation programs should be observed making or nurse for pre-natal examination;
said rehabilitation programs distinct and different b. They should be given tasks that are deemed fit and
from those given to adult inmates; proper, their physical limitations, considered;
f. Unless absolutely necessary, a child in conflict with c. During active labor, pregnant inmates should be
law should not be handcuffed nor other instruments transferred nearest government hospital;
of restraint applied on him/her, when he or she
attends hearings or when he or she is brought to the d. Treatment of mother and her infant/s shall be in
hospital or is transferred to other institutions; accordance with the BJMP Policy (Refer to DIWD
Manual); and
g. The use of vulgar or profane words should be
avoided in dealing CICL; e. Female inmates with infants shall be provided with
ample privacy during breastfeeding activity.
h. CICL should not be required to wear prison
uniforms; and
i. Upon release from confinement, the records of the 14. Inmates of Other Nationalities
CICL shall be sealed, and at an appropriate time,
a. The Warden shall report in writing to the Bureau of
expunged.
Immigration and the respective embassies of the
detained foreigners the following:
11. Senior Citizen Inmates 1) Name of Jail;
a. Senior citizen inmates should be segregated and 2) Name of Foreigner;
close supervised to protect them from maltreatment
3) Nationality and the number of his/her Alien
and other forms of abuse by other inmates;
Certificate of Registration, if any;
b. Individual case management strategies should be
4) Age/Sex;
developed and adopted to respond to the special
needs of elderly inmates; 5) Offense Charged;
c. Collaboration with other government agencies and 6) Case Number;
community-based senior citizen organizations should
be done to ensure that the services due the senior 7) Court/Branch;
citizen inmates are provided; and 8) Status of Case; and
d. Senior citizen inmates should be made to do tasks 9) Additional data information.
deemed fit and appropriate, their age, capability, and
physical condition considered.
 to inmates at least once a week to detect and flush
out contraband;

RULE V
4. Maintain an updated written emergency operations
CUSTODY, SECURITY AND CONTROL, EMERGENCY plan such as but not limited to natural and man-made
PLANS, MOVEMENT AND TRANSFER OF PRISONERS calamities and other jail disturbances. These plans
AND DETAINEES must be made known to and understood by jail
Jail management and penology is concerned with the personnel through the conduct of regular dry runs;
humane safekeeping and development of inmates. 5. Maintain a journal of activities, emergency
Effective custody ensures that inmates are well- situations and unusual incidents;
secured in all areas of the detention facility and
properly escorted when attending their court hearings 6. Maintain a key control center for storing keys that is
and other authorized/lawful destinations. This Rule inaccessible to inmates and unauthorized persons.
focuses on effective safekeeping. There shall be an accounting system for issuing and
returning of keys. There shall be a reporting system for
Section 35. CUSTODY, SECURITY AND CONTROL documenting and repairing broken or malfunctioning
A. Each jail shall, as much as practicable, maintain the keys or locks. Inmates shall be prohibited from
following minimum standards with regard to security handling jail security keys;
of the facility: 7. There shall be one (1) full set of duplicate keys,
1. An established security perimeter. In every jail, secured in a place accessible only to jail personnel for
there shall be a defined, controlled security perimeter; use in the event of an emergency. These keys shall be
marked for easy identification during adverse
2. A secured office for personnel; conditions;
3. A secured visiting area for inmates’ visitors; 8. Continuous inspection and maintenance of all locks.
4. A secured multi-purpose area for inmates’ activities Replace locks as often as possible and never allow
and an area for livelihood activities; inmates to install locking system in the cell gates and
to possess their own padlock for purposes of locking
5. Armory and storage lockers for inmates’ valuable themselves in their cells that will cause delay for
items and other equipment; personnel conducting regular cell search and
inspection;
6. Operational closed circuit televisions (CCTV)
strategically mounted to monitor jail premises and all 9. Maintain strict control of firearms such as, but not
activities therein; limited, to the following:
7. A two-way communication system to be used by the a. Never allow any personnel with firearms on areas of
officer of the day, supervisor, desk officer and other inmates and/or in any area intended for inmates’
personnel on duty; and activities;
8. Equipment necessary to sustain operability of b. Never allow inmates in the workplace of personnel
utilities, communications, security and fire protection or in areas where firearms are authorized; and
equipment at all times.
c. Secure firearms and anti-riot equipment in the
B. To ensure that minimum standards in security armory located within easy reach of jail personnel in
and control are maintained, the following policies, case of emergencies but not accessible to inmates.
guidelines and procedures shall be strictly
implemented in all jail facilities: 10. All firearms, ammunition, chemical agents, related
security and emergency equipment must be
1. Each newly admitted inmate shall be thoroughly inventoried and tested at least quarterly to determine
searched for weapons and other contraband their condition and expiration dates, as the case may
immediately upon arrival in the facility; be. This shall include regular inspection of fire
extinguishers and other detection and suppression
2. All inmates must be searched thoroughly by the
systems available;
duty personnel whenever they enter or leave the
security areas; 11. All tools, toxic, corrosive and flammable
substances and other potentially dangerous supplies
3. Conduct surprise searches on inmates and
and equipment shall be stored in a locked area which
inspection of their quarters and other areas accessible
is secure and located outside the inmate’s area. Tools,
supplies and equipment which are particularly duties has one (1) flashlight, nightstick/baton and
hazardous shall be used by inmates only under direct whistle; and
supervision;
24. As regard the use of force:
a. Use of force shall be limited to instances of
12. Conduct daily inspections of all security facilities justifiable self- defense, prevention of self-inflicted
(i.e. closed circuit televisions, ceilings, window grills, harm, protection of others, prevention of riot,
iron bars, etc.) and document all findings. Any commission of a crime, escape or other jail
tampering or defects detected must be reported in disturbance and to controlling or subduing an inmate
writing to proper authority for immediate action; who refuses to obey a lawful command or order;
13. Regular conduct of "guard mounting" for all b. Use of force shall be limited to the amount of
"incoming duty" of the Custodial Unit and for the force necessary to control a given situation and shall
members of Escort Unit before their assumption of include a continuum of escalating force levels;
duty to remind and update them of the
policies/guidelines pertaining to security and control; c. An examination and/or treatment by health
personnel shall be provided to prisoners or staff
14. Conduct regular count of inmates at least five involved in a use of force incident when there is
to six (5-6) times within a 24-hour period and strictly obvious physical injury or there is a complaint of injury
implement the established procedures in counting or request for medical attention; and
inmates (See Section 35). Personnel conducting the
count shall record the result; d. Use of force incidents shall be recorded and
reviewed by the Warden.
15. Prohibit inmate’s visitor to stay inside jail
premises beyond authorized visiting period regardless
of any reasons; (Refer to ANNEX “B”) Section 36. INMATES COUNT - It is imperative that at
16. Inmates shall be supervised at all times specified times during each 24-hour period, all
whenever they are outside their cells; inmates are physically counted. For this type of count,
the general procedures are as follows:
17. Never allow any personnel under the
influence of intoxicating beverage to enter the jail a. Count each inmate physically at specified
facility or to perform an official duty; times or as necessary;

18. Carefully select the inmates to be utilized as b. During the count, ensure that all movements
jail aide and maintain rigid control over their activities. of inmates are stopped until the count is completed;
Never allow inmate to be utilized for any janitorial c. The count must be accurate. Make a positive
services at jail offices, restricted areas, and/or for verification to ascertain that the inmates are physically
errands outside the jail premises. In no case shall an present. Refrain from conducting a count on the basis
inmate be allowed to perform clerical duties or to of only having seen any part of his clothing, hair or
have access to personnel files and other official shoes;
documents;
d. Submit a report of each count of a group of
19. Never allow a jail officer to render successive inmates to the warden and/or assistant warden
shifts of duty except in cases of emergencies; (officer of the day); and
20. Never allow jail personnel to open inmates e. If the total jail count does not tally with the
quarters alone. At least one (1) other jail officer total jail population at any given time, conduct
should be present and guarding the gate; another count. Render an immediate report to the
21. Inmates should be taken out of jail only upon warden and/or assistant warden (officer of the day)
written order of the Court; relative to any unaccounted inmate.

22. Ensure that all vehicles and persons entering

the jail premises are properly searched in accordance Section 37. SECURITY PROCEDURES DURING MEAL
with the existing policies/procedures; SERVICE -
23. Regularly inspect and check the availability of Security must be considered in serving food inside the
emergency lights and other emergency equipment cells/quarters. A jail officer should not enter the
and ensure that each personnel rendering night shift inmates’ quarters to distribute food unless another
officer is available to handle the keys and control the e. Any currency, checks or money found in the
entrance door. letter should be turned over to the Trust
Officer/Property Custodian. The receiving officer
should indicate the amount received on a "receipt
Section 38. DINING ROOM SECURITY - For jail facilities form" in duplicate. The original receipt signed by the
that have separate dining or mess halls, the following receiving officer should be kept for the record and the
shall be observed: duplicate copy should be given to the inmate;

a. As a general precaution, individual mess f. Carefully examine all greeting cards and
utensils of inmates shall be made of plastic; collect fillers of any kind found therein for laboratory
examination;
b. When dining rooms are provided, the inmates
should march in columns of two’s along designated g. Photographs that are clearly within the scope
routes under the supervision of jail personnel. Other of jail regulations should be marked on the opposite
officials to direct the orderly movement of inmates to side and placed in the envelope;
and from the mess hall must be stationed along the h. Bring to the warden’s attention any item or
routes; correspondence or enclosure that does not conform
c. Designate a roving supervisor to handle any to regulations or are detrimental to security, order and
disturbances or settle complaints; discipline of the jail;

d. After every meal, all utensils used by the i. In the censoring of mails, prison slang,
inmates should be collected. Jail personnel should unusual nicknames, and sentences with double
strictly supervise this to ensure that no utensils are meanings should be carefully studied and analyzed to
brought out the dining room; and determine the real meanings;

e. Check and account for all forks, spoons and j. Refer to the warden all letters containing
other kitchen utensils after every meal. statements concerning the security or reputation of
the jail, like attempts to escape or
smuggling/trafficking of contraband, and statements
Section 39. MAIL SERVICES AND CENSORSHIP - Mail that may affect existing rules and policies;
service shall be provided to all inmates provided that k. All letters passing through the scrutiny
all outgoing and incoming mail matters are passed standards of the censors should bear the censor’s
through a designated Censor Officer in order to stamp at the top of each page and on the envelope.
intercept any contraband or illegal articles and any The letter should be placed back in the same
information affecting the security of the jail. envelope, resealed and given to the inmate;
The following procedures should be strictly observed l. A listing of mail for inmates should be
when censoring mail: properly kept and form part of the records of the jail;
a. There shall be no limitation on the amount of m. Do not discuss the contents of inmates’ mail
incoming or outgoing mail or correspondence when with other jail personnel,
the inmates are responsible for the cost/s of postage;
except for official purposes;
b. Incoming inmates’ mail, correspondence and
packages shall be opened and inspected to intercept n. The inmate sending out any mail matter shall
cash, checks, money orders and contraband. The open his mail/package and have it read and inspected
censor officer shall observe the documentary by the designated censor officer, if the mail is clear for
procedures in disposing of intercepted items; dispatch, the inmate shall close and seal the mail and
place the same in the outgoing mail box;
c. Legal mail or correspondence shall be opened
and inspected in the presence of the inmate to
intercept contraband; o. If the outgoing or incoming mail has
d. Mails shall not be distributed to the inmates contraband or harmful information, such matter shall
until the censors have examined them. Mail shall only be registered as violation of jail rules and regulations
be opened and searched by qualified, trained and and should be brought before the Disciplinary Board
authorized jail personnel in the presence of inmate for immediate adjudication;
addressee; p. The designated jail staff shall collect the
inmates’ mail matters on a
daily basis, Monday through Friday; shall be effected provided a prior request is made
from the executive judge who has administrative
q. Inmate’s letters or any other mail matter shall supervision over the court in the place where the jail
be sent as registered, certified, "stamped" or marked in which the inmate is detained for his/her immediate
"via special delivery" if he or she so desires at his or action, approval and notification to the court’s
expense. The letters will be processed in accordance Presiding Judge (See ANNEX “C” - Supreme Court
with the procedures in handling mails; and Administrative Circular Nr 68-2005);
r. An inmate under disciplinary segregation shall D. In any emergency like riot or other jail
be allowed full correspondence privileges, unless his disturbance that happens on a weekend and when the
or her misconduct involves a serious violation of immediate transfer to other BJMP-manned jails of
correspondence regulations. inmates involved is necessary to ensure the safety of
other inmates and security of the jail, the warden,
under such compelling situation, can recommend to
Section 40. MOVEMENT/TRANSFER OF INMATES - the regional director, verbally or in writing, their
Prisoners or detainees may be moved or transferred immediate transfer to another jail, provided that, on
safely and humanely by trained personnel who shall the first hour of the following working day, the court
adopt the necessary level of security, supervision, and concerned must be informed of the said transfer and a
control to ensure public safety under specific commitment order must be issued, otherwise, the
circumstances outlined below: return of the transferred inmates is imperative.
A. Subject to the conditions set forth in the Provided, however, that those inmates who instigated
succeeding sections and by virtue of an appropriate and led, and those involved in the disturbance or
court order, an inmate may be brought out of jail violence, disruptive and/or riotous actions so created
under any of the following instances: shall be classified as high-risk detainees and shall be
immediately transferred to a more secured facility in
1. To appear, as witness before any court of accordance with the immediately preceding
justice or prosecutor’s office during preliminary paragraph;
investigation, arraignment or hearing of a criminal
case; E. The same classification shall be applied to
inmates who (a) have escaped, attempted to escape
2. To appear as witness in any investigation or or committed acts to facilitate an escape from
formal inquiry being conducted by a government custody; (b) demonstrated physically or sexually
agency; assaultive behavior resulting in either attempt to
sexually assault any person, serious physical injury or
3. To view the remains of a deceased relative
death of any person; (c) assaulted or attempted to
within the second degree of affinity or consanguinity;
assault another with a deadly weapon; (d) compelled
and
or attempted to compel another to perform sexual
4. To undergo medical examination or treatment acts, engage in sexual conduct or sexual contact, or
in a hospital or clinic. submit to sexual contact all by means of force or
threat of force; or (e) compelled or coerced another,
B. An inmate may be transferred to another by force or threat of serious physical harm or death, to
institution only upon specific order of the court having provide anything of value, to perform any act, or to
jurisdiction over him/her, except in cases of serious violate any statute or jail rule;
illness where hospitalization is necessary, and the
inmate has to be immediately taken to the nearest F. Inmates who wish to view the remains of a
hospital upon recommendation of the health officer. deceased relative within the second degree of
In this case, the jail warden, or in his/her absence, the consanguinity or affinity and whose motion for that
officer in-charge, shall immediately notify the regional purpose was approved by the court as proven by a
director and the court concerned within six (6) hours valid court order issued to the warden shall be
after the inmate is brought to the hospital or within required to submit a written request to the warden at
six (6) hours from the first hour of the following day least three (3) days before the date of viewing and
(BJMP Revised Policy on Hospitalization and Death of which request should be accompanied by the
Inmates dated 29 July 2010); following documents:

C. In the case of inmates classified as 1. Death Certificate of the deceased relative duly
high-risk/high-profile and detained in small and certified by the attending physician or local civil
remote jail facilities or in jails not considered as high registrar;
security facility, their transfer to a better secured jail
2. The appropriate certificate as indicated after 3. The inmate has two (2) or more pending
the name of the deceased relative, to wit: criminal cases or is a material witness in a pending
criminal case;
a. Spouse - marriage contract;
4. The inmate is classified as high risk, high
b. Children - birth certificates of the deceased profile, high value or violent extremist offender;
child and marriage certificate of the inmate and
his/her spouse; 5. The inmate cannot be assured of his safety
and security, or his escape is highly possible; and

c. Father or Mother - birth certificates of the

inmate and his/her deceased parent; 6. There is an intelligence report that the inmate
will escape or will be rescued.
d. Brother or Sister - birth certificates of the
inmate and his/her deceased sibling; J. If approved, the inmate shall not be allowed
to stay more than three
e. Grandparent - birth certificates of the inmate
and his/her parent who is the child of the deceased (3) hours in the place where the remains of the
grandparent; and deceased relative lie in state. Further, in no case shall
the inmate be allowed to join the funeral cortege.
f. Grandchild - birth certificates of the inmate
and his/her child who is the parent of the deceased
grandchild.
Section 41. COOPERATION AND COORDINATION
3. Sketch map of the place where the remains lie AMONG JAIL WARDENS REGARDING TEMPORARY
in state. TRANSFER OF INMATE –
G. Immediately upon receipt of the court order, Jail Warden must agree on the use of facilities for the
and with the inmate's written request yet to be temporary detention of an inmate from other
submitted, the warden shall order the Jail intelligence localities before, during and after trial. Warden who
unit to conduct reconnaissance operation in the area shall effect the movement/transfer of an inmate shall
where the remains of the deceased still lie in state, to shoulder all the expenses for transportation and other
assess any threat against the inmate and/or his/her incidental expenses of the same while confined in
security escorts, to locate the place of burial, and to other jails. The classification standards of the BJMP
conduct route survey to establish a safer and better such as to the inmate’s age, gender, or those with
route for the escorts; special needs, among others, shall be observed while
he/she is in temporary detention.
H. In case of Muslim inmates, it shall be
ascertained whether the date indicated in the Court
Order for the inmate or inmates to viewthe remains
their deceased relative/s within twenty-four (24) Section 42. RULES TO BE FOLLOWED WHEN
hours from the time of the death of his or her/their TRANSPORTING
relatives. This is view of Muslim customs and INMATES - When moving/transporting inmates, the
traditions, providing among others burying the dead following shall be observed:
within twenty-four (24) hours after death.
A. General Precautions
I. The warden shall timely oppose the request
and timely notify the court of his or her inability to 1. Jail personnel shall not discuss with the
comply with the order allowing the inmate to be inmate the transportation plans, schedules or
escorted out of the jail to view the remains of a equipment to be used / adopted;
deceased relative in any of the following cases: 2. Inmates shall be notified of a trip only prior to
1. The deceased relative is lying-in-state in a the departure and shall not be allowed to make any
place beyond thirty kilometer radius from the jail or, in phone call;
any case, where the inmate cannot return to said 3. Prior to movement/transport, all escort
place during daylight hours; personnel shall be given detailed instructions on their
2. The inmate has a record of escape or respective duties and responsibilities;
attempted escape; 4. Whenever possible, transfer shall only be
made during daytime;
5. Long distance transport of one (1) or more the vehicle, let them stay inside the vehicle as much as
inmates shall be escorted by a minimum of possible. Apply first aid to injured inmates when
three (3) escort personnel and aback-up vehicle, if necessary, while waiting for law enforcement and
available; emergency assistance. The chief escort shall also be
informed about the incident and be updated of the
6. If possible, personnel from Jail Intelligence development in the situation;
Unit shall serve covert security by serving as advance
party of the convoy and shall conduct road scanning of 16. In the event that radio or mobile phone
the agreed route to detect any threat to the inmate communication is not possible, escort personnel may
and his/her escorts while en route. Being familiar with flag down any motorist, identify themselves and ask
the area, the local intelligence unit of the nearest jail the motorist to notify the nearest law enforcement
facility in the place of destination shall also assist in agency for assistance;
long distance transport of inmates by way of
conducting reconnaissance operation prior to the 17. In the case of minor serious vehicular problem
scheduled arrival to determine any unusual activities that can be repaired on the spot, escort personnel
in the area which may affect the safe and secure shall secure and observe inmates who shall remain
transport of the inmate; inside the vehicle to the extent possible;

7. The most direct and shortest route to the 18. Maximum security measure shall be observed
destination shall be taken and no deviation shall be at all times in providing escort to high risk, high profile
allowed except when security consideration requires inmates and VEO’s following the ratio of one is to one
otherwise; plus one escort supervisor;

8. Using rented vehicle shall not be allowed 19. The driver shall not leave the vehicle while in
when transporting inmates; court or other authorized destination and be watchful
of any suspicious individual;
9. Team leader of the escort personnel must be
equipped with a two-way radio and/or a mobile 20. To avoid unnecessary stops while in transit,
phone; inmates should have relieved themselves from
personal necessity; and
10. Inmates under escort shall always be under
the watchful eye of the escort personnel. While in 21. The following basic security precautions shall
transit, the personnel shall stay close enough to the be observed during transport of inmates:
inmate to be able to respond effectively in case of a. Do not allow inmates to tinker with the
emergency. If on board a prisoners van, escort handcuff;
personnel shall not seat inside the van but shall
instead strategically position himself or herself in the b. Regard all inmates being transported as
escort seat; extremely dangerous;

11. While en route, escort personnel shall ensure c. Adjust the cuffs properly for tightness to avoid
that the sliding bolt lock of the back door of the van the need of adjustment while en route and observe
carrying the inmates is properly locked, observe proper placement of handcuff which is either right to
people and vehicles getting near their vehicle, and right or left to left. High risk/ high profile inmates and
remain prepared for any eventuality; VEO’s must be handcuffed at the back;

12. Escort personnel shall observe and follow the d. The escort shall always be on guard for any
established guidelines in escorting possible attack or ambush;
high-risk/high-profile and VEO’s inmates; e. Escort personnel shall be extra careful not to
13. Escort personnel shall be the first ones to sit, stand or walk next to an inmate while carrying a
disembark from the vehicle and shall position in a safe gun to avoid being grabbed by the inmate;
distance to ensure clear vision of disembarking f. Stopping along the highway while in transit is
inmates. However, when boarding the vehicle, it highly discouraged;
should be the inmate who shall first board the vehicle;
g. Keep inmates inside the vehicle except when
14. Escort personnel are justified in using deadly necessary;
force to protect themselves and/or the inmate/s from
ambush or any deadly attack while in transport; h. Thoroughly inspect restraint equipment for
proper function and damage, and make a thorough
15. In case of an accident while en route, escort body search before placing the equipment on an
personnel shall secure and observe the inmates inside
inmate and before removing an inmate from a holding 2. Conducts guard mounting and accounting of
area; the members of escort unit and carefully inspects
their service firearms including other equipment to be
i. Keep inmates in sight at all times; used;
j. While in court premises, firearms shall be 3. Coordinates with the custodial unit the list of
unloaded. However, when escorting the inmate to and inmates scheduled for court hearing and assumes
from the vehicle, the same shall be properly loaded responsibility over them after they are properly
with ammunitions; accounted for and turned over by the custodial unit;
k. Exercise good judgment as unexpected events 4. Records in the Jail Blotter the purpose, date,
not covered by policy or procedure may occur on any time, branch of court and other destination of each
transport. If in doubt, secure the inmate in a local law movement/transfer of inmates. Maintain a logbook or
enforcement/jail facility and call the chief escort or database for Escort Unit indicating there in the same
officer of the day for direction; data to include the date and time of arrival as well as
l. Never stop for a disabled motorist or road the occurrence of untoward incident, if any, as well as
mishap while transporting inmates but notify local the observation of any unusual movement of inmates
enforcement unit or the highway patrol regarding the and other people en route;
incident; 5. Select escort personnel and designate a team
m. Avoid interfering with road incidences such as leader who shall serve as the contact person for the
but not limited to robbery in progress while duration of the transport of inmates;
transporting inmates unless it poses imminent threat 6. Accomplish the Daily Escort Slip indicating the
against the inmate, escort personnel or the public and names of assigned escort personnel for each inmate;
if the same so occurs, the immediate evacuation of
the inmate from the area shall be primarily 7. Ensure the availability of marked
considered. In no case shall the inmate and the vehicle transportation vehicle;
be left unattended;
8. Supervise the conduct of strip searches on
n. In case of involvement in a road accident and inmates prior to and after the inmates’
no traffic authority is present or cannot arrive in a movement/transport;
shortest possible times, the position of the vehicles
and the damage incurred including skid mark, if any, 9. Ensure that appropriate security measures are
shall be immediately photographed or sketched and undertaken to maintain custody and control of
before leaving, provide the driver of the other party a inmates to be transported;
contact number of the jail. Once the inmate was 10. Ensures that all inmates are properly dressed
returned to the jail, immediately coordinate with the in accordance with prescriptions before they are
traffic authorities having jurisdiction in the place of transported, and ensure that inmates carry only
incident; item/s duly inspected and for which they have been
o. Secure inmates who damaged restraints, granted permit to carry;
other equipment or vehicles and report rule 11. Ensures that the driver had checked the
infraction; vehicle and ascertain BLOW BAGETS is observed;
p. Turn in vehicle inspection slip to the supply 12. Monitors through handheld radio or mobile
officer noting any vehicle deficiency or problem upon phone the situation and current location of the
conclusion of each transport; and inmates and their escorts while outside the jail facility;
q. Turn in or check in all inmates, 13. In case of long distance transport of inmates,
property/equipment and the necessary documents to coordinates with the nearest local law enforcement
the concerned offices. agencies/jail units having territorial jurisdiction over
the destination; and

B. Chief Escort 14. Maintain regular communication with the

warden on all movements/transfers of inmates.
1. Coordinates with the records section chief and
determines the number and names of inmates
scheduled for court hearing as well as their respective C. Escort Personnel
destinations as approved by the warden;
1. Check the identity and receive the inmate 1. Techniques in Handcuffing:
named in the Daily Escort Slip duly signed by the Chief
Escort; Rear Position Front Position

2. Keep/maintain a copy of current profiles and - thumbs up - thumbs down

photos of all inmates being transported for immediate - palms out - palms out
submission to local law enforcement units in the event
of an escape or other emergency situations. For this - double locked - double locked
purpose, the Records Section shall maintain a - key holes facing up - key holes facing up
duplicate copy of the current profiles and photographs
of all inmates in their respective carpetas which shall - used for hostile or violent inmates - used
be prepared on the day prior to the date of scheduled for general
hearing and be given to the Chief Escort prior to the
population
inmates transport;
2. Guidelines for using restraint:
3. Ensure the correct identification of all inmates
being transported by comparing the face, name and a. Never place a restrained inmate in an area
other important data with the photograph and where unrestrained inmates are located;
information on each inmate’s profile before leaving
the facility; b. Never handcuff an inmate without
double-locking both handcuffs;
4. Conduct visual inspection of the vehicle to
ensure that it is clean, fueled, mechanically c. Never handcuff a male inmate with a female
serviceable and free of contraband or any other item inmate;
that may impede the safe and secure transport of d. Never handcuff an adult inmate with a
inmates; juvenile inmate;
5. Ensure that all inmates are properly restrained e. Never handcuff a maximum risk inmate with a
before going out of the jail; medium or minimum risk inmate;
6. Ascertain whether an inmate has a crippled, f. Observe right to right/left to left when placing
deformed or very small hand that will allow him/her handcuff; and
to slip the handcuff off his hand;
g. Restraint shall never be used as a punishment.
7. Be armed with an authorized and duly
permitted weapon and ammunitions; E. Special Concerns
8. Transport and secure the inmate as assigned;
9. Maintain radio or mobile phone contact with 1. Illness En Route
the Chief escort/Officer of the Day in the jail. Escort
a. In the event that an inmate becomes gravely
team leader shall bring his mobile phone or check out
ill while en route and there is no medical assistance
one from the Supply Officer for use, if any; and
available, the escort personnel shall make an
10. Be updated of their location along the arrangement for a medical examination at the nearest
roadways to expedite the response from law government hospital or medical facility
enforcement units in case of any eventuality.
b. The escort personnel shall contact the Chief
Escort or Officer of the Day for further instruction; and
D. Use of Restraints c. Should an escort personnel becomes ill during
transport, the escort shall secure the inmate/s in a
In all instances, an inmate being moved shall be nearest jail/police station and immediately notify the
handcuffed. When two Chief Escort or Officer of the Day.
(2) or more inmates are transported, each must
be secured to the other. In no case shall an inmate be
handcuffed in any part of the vehicle during transit to 2. Escape
avoid being trapped in case of an accident. Use
a. If an inmate escapes during transport, the
additional restraints, or limited restraints for special
escort personnel shall exhaust all means possible to
needs, when necessary shall be authorized.
immediately apprehend the inmate;
b. If more than one (1) inmate is being 4. No media interview shall be allowed for the
transported, at least one (1) personnel shall remain inmate and/or escort personnel. (Based on the case of
with the inmates still in custody; ANDREA ROSAL)
c. The escort personnel shall notify the nearest
law enforcement unit and the Chief Escort as soon as
possible; Section 43. EMERGENCY PLANS/CONTINGENCY
PLANS -Emergency
d. Personnel shall remain in the vicinity of the
place where escape happened to assist local law plans for both natural and man-made calamities and
enforcement units; and other forms of jail disturbances shall be formulated to
suit the physical structure and other factors peculiar
e. In the event that an escape or attempted to every jail, such as:
escape has transpired in a public place, escort
personnel shall not fire warning shots. If time and
opportunity allows and no other person is near the Natural Calamities Man-made Calamities/
escapee, the personnel may shoot provided a verbal Disturbances
warning was made prior to the discharge of the
firearm. a. Fire a. Riot
b. Flood b. Jailbreak

3. Meals c. Earthquake c. Noise barrage

a. Escort personnel shall provide all meals and d. Tsunami d. Hostage-taking

drinks en route with packed meals and drinks; e. Landslide e. Food poisoning
b. Inmate meals shall be served to the inmate in f. Typhoon f. Rescue
the transport vehicle; and
g. Volcanic eruption g. Biological attacks
c. The inmate shall be kept in restraint at all
times; h. Epidemics h. Bombing
i. Others i. Water shortage
4. Restroom Breaks j. Power failure
a. If possible, escort personnel shall coordinate k. Others
restroom breaks with the nearest local law
enforcement units or jail facilities;
Section 44. REGULAR DRY- RUN - To ensure that the
b. In case of emergency stop, escort personnel
contingency plans would be applied to the letters,
should avoid congested areas; and
regular dry run shall be conducted taking into
c. Escort personnel must inspect emergency stop consideration the actual strength of the jail per shift
areas before entry and keep the inmate under visual and the absolute reaction of personnel on off duty
supervision at all times without removing the upon notice of disturbance/s. Regional and provincial
restraint. offices of the Jail Bureau shall adopt its own
contingency plans on how to react upon notice of any
disturbance in the jail and on its own offices. The
F. Contact to the Public same shall likewise conduct a regular dry-run to
ensure effective and well-organized reaction.
1. Escort personnel shall maintain low profile
and shall avoid public contact while in a the company
of an inmate;
2. Inmates shall not be allowed to make any
phone call or contact with anyone while in transport;
3. Unauthorized person shall not be allowed to
get near the inmate. Only a lawyer or lawyers and
court personnel shall be permitted to converse with
the inmate; and