institutional corrections
Institutional Corrections

Institutional Corrections Reviewer (Definition of Terms and Terminologies)


Syllabi/Table of Specifications

1. Recall and explain the theories and principles of Penology, Punishment, Penalty, Sentencing, and Rehabilitation, including the rights, legal limitations, and conditions set forth by the Constitution, Law, and United Nations Declarations.  
    
2. Describe, understand, and apply the functions, organization, administration, management, operations, planning, decision-making process, training, disciplinary process, and accountability of personnel in the BJMP, Provincial Jail, BUCOR, and other facilities. 
    
3. Explain, use, and analyze the admission process of persons deprived of liberty, the release of persons deprived of liberty, security and safety processes and requirements of PDLs inside the institution, visitation, movement, and escorting procedure, the trial of PDLs, custody, control and disciplinary process of PDLs in the BJMP, Provincial Jail, BUCOR, and other facilities.
    
4. Understand, apply, and evaluate the principles, management, planning, and decision-making of crises and incidents in the BJMP, Provincial Jail, BUCOR, and other facilities in case of riot, escape, hostage, contrabands, fire, food poisoning, flood, earthquake, typhoon, and other calamities and incidents.  

Abreaction – intense emotional feelings.

Accessory Penalties – those that are deemed included in the imposition of the principal penalties.

Acquittal – is a judgment of the court based on the verdict or decision of the judge, that the defendant is not guilty of the charge against him.

Admission Summary – This is a written compilation made by the staff regarding their findings on the prisoner.

Adversarial Process – a system of determining guilt in which the state must prove its case against a defendant who is defended by an advocate.

Affliction – distress of mind or body; that which causes continuing anguish or suffering.

Alcatraz - a US federal penitentiary, Often referred to as "The Rock", the small island of Alcatraz was developed with facilities for a lighthouse, a military fortification, a military prison (1868), and a federal prison from 1933 until 1963.

Alexander Maconochie - was a Scottish naval officer, geographer, and penal reformer. He is known as the Father of Parole.

His 2 Basic Principles of Penology
1. As cruelty debases both the victim and society, punishment should not be vindictive but should aim at the reform of the convict to observe social constraints, and
2. A convict's imprisonment should consist of tasks, not time sentences, with release depending on the performance of a measurable amount of labor.

Amnesty – a general pardon extended to a class of persons or community who may be guilty of political offenses. It may be exercised even before trial or investigation. It looks backward and puts into oblivion the crime that has been committed. It is proclaimed by the President with the concurrence of Congress.

Auburn Prison - Constructed in 1816,(opened 1819) it was the second state prison in New York, the site of the first execution by electric chair in 1890. It uses the silent or congregate system.

Bail – monetary amount for or condition of pre-trial release from custody of law. Or a monetary payment in return for which a defendant is given freedom pending trial or appeal.

Bail Bond – it is a multi-party contract involving the state, the accused will appear in subsequent proceedings.

Banishment - a punishment originating in ancient times, that required offenders to leave the community and live elsewhere, commonly in the wilderness.

Baroning – a process by which a prison inmate obtains wealth, influence, and power through selling tobacco.

Benefit of Clergy – The benefit of clergy was a legal practice in which church authorities were exempt from prosecution under secular courts. From the 13th to 19th centuries, clemency was shown to clergy guilty of crimes and extended eventually to any offender who could read.

Bifurcated Process – the separation of the guilt-determination process from the sentence-determination process in the criminal court system.

Big School – slang for penitentiary.

BJMP - (Bureau of Jail Management and Penology) is a government agency mandated by law (RA 6975) to take operational and administrative control over all city, district, and municipal jails. It takes custody of detainees accused before a court who are temporarily confined in such jails while undergoing investigation, waiting for final judgment, and those who are serving sentences promulgated by the court 3 years and below.

Created Jan. 2, 1991.

Charles S. Mondejar - 1st BJMP chief.

BJMP chief tour of duty, must not exceed 4 years, maybe extended by President.
Grounds:
1. In times of war
2. Other national emergencies.
         
Senior Superintendent - the rank from which the BJMP chief is appointed. This is the rank of the BJMP Directors of the Directorates in the National Headquarters. This is also the rank of the Regional Director for Jail Management and Penology.
           
Chief of the BJMP - Highest ranking BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. The rank is Director.
           
BJMP Deputy Chief for Administration - the 2nd highest ranking BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. The rank is Chief Superintendent.
           
BJMP Deputy Chief for Operations - the 3rd highest ranking BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. The rank is Chief Superintendent.
          
BJMP Chief of the Directorial Staff - the 4th highest BJMP officer. Appointed by the President upon recommendation of the DILG Secretary. The rank is Chief Superintendent.

Black Maria – a van used to transport prisoners, Paddly-wagon.

Borstal - a custodial institution for young offenders.

Borstal System - rehabilitation method formerly used in Great Britain for delinquent boys aged 16 to 21. The idea originated (1895) with the Gladstone Committee as an attempt to reform young offenders. The first institution was established (1902) at Borstal Prison, Kent, England.

Branding - stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent as a punishment or imposing masterly rights over an enslaved or otherwise oppressed person.

Bridewell Prison and Workhouse - was the first correctional institution in England and was a precursor of the modern prison. Built initially as a royal residence in 1523, Bridewell Palace was given to the city of London to serve as the foundation for a system of Houses of Correction known as “Bridewells.” These institutions, eventually numbering 200 in Britain, housed vagrants, homeless children, petty offenders, disorderly women, prisoners of war, soldiers, and colonists sent
to Virginia.

Bridewell Prison and Hospital - was established in a former royal palace in 1553 with two purposes: the punishment of the disorderly poor and housing of homeless children in the City of London.

Bureau of Corrections - has for its principal task the rehabilitation of national prisoners, or those sentenced to serve a term of imprisonment of more than three years.

Has 7 prison facilities
           
1 prison institution for women
           
1 vocational training center for juveniles.
           
Classification Board - classifies inmates according to their security status.
          
Reception and Diagnostic Centre - (RDC) receives, studies, and classifies inmates committed to the Bureau of Corrections.
           
Board of Discipline - hears complaints and grievances with regard to violations of prison rules and regulations.
           
Iwahig Penal Farm - established in 1904 upon orders of Gov. Forbes, then the Sec. of Commerce and police.
           
New Bilibid Prison - established in 1941 in Muntinlupa
            
Camp Bukang Liwayway - minimum security prison.
            
Camp Sampaguita - medium-security prison
           
Davao Penal Colony - established jan 21, 1932 (RA 3732)
           
Sablayan Penal Colony and Farm - established Sept.27, 1954 (Proclamation No.72) location:Occidental Mindoro
           
Leyte Regional Prison - established Jan.16, 1973
           
Old Bilibid Prison - the First Penal Institution in the Phil. designated as an insular penitentiary by Royal Decree in 1865.
 

Burning at Stake - a form of ancient punishment by tying the victim to a vertical post and burning him/her.

Cesare Beccaria - an Italian criminologist, jurist, philosopher, and politician best known for his treatise On Crimes and Punishments (1764), which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical School of criminology

Charles Montesquieu - a French lawyer, who analyzed law as an expression of justice. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world.

Chief Custodial Officer - is the personnel in-charge in the overall supervision of all custodial functions. 

Code of Justinian -  formally Corpus Juris Civilis (“Body of Civil Law”), Justinian I the collections of laws and legal interpretations developed under the sponsorship of the Byzantine emperor Justinian I from AD 529 to 565.

Commitment Order - is an act of sending a person to prison by means of such a warrant or order.

Commutation – an act of the president changing/ reducing a heavier sentence to a lighter one or a longer term into a shorter term. It may alter a death sentence to a life sentence or a life sentence to a term of years. It does not forgive the offender but merely reduces the penalty pronounced by the court.

Compurgation – an early practice whereby the accused swears an oath of innocence backed up by a group of oath helpers who would attest to his character and claim of innocence.

Conditional Pardon - Conditional pardon serves the purpose of releasing, through executive clemency, a prisoner who is already reformed or rehabilitated but who can not be paroled because the parole law does not apply to him.
Can the Offended Party grant a Pardon? Yes, the offended party can grant pardon.

Control – It involves the supervision of prisoners to ensure punctual and orderly movement from one place work program or assignment to another.

Conviction – is the judgment of a court based on the verdict of a judicial officer or judge, that the accused is guilty of the offense in which he/she was charged.

Correctional Administration - the study and practice of a system of managing jails, prisons, and other institutions concerned with the custody, treatment, and rehabilitation of criminal offenders.

Corrections - describes a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervision of persons who have been convicted of crimes.

Correction defined:
A branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders.
- It is that field of criminal justice administration that utilizes the body of knowledge and practices of the government and society, in general, involving the processes of handling individuals who have been convicted of offenses for purposes of crime prevention and control.
- It is the study of jail/prison management and administration as well as rehabilitation and reformation.
- GAOLS - (Jails) – pretrial detention facilities operated by the English Sheriff.
- Galleys – long, low, narrow, single-decked ships propelled by sails, usually rowed by criminals. A type of ship used for the transportation of criminals in the 16th century.
- Hulks – decrepit transport, former warships used to house prisoners in the 18th and 19th centuries. These were abandoned warships converted into prisons as a means of relieving the congestion of prisoners. They were also called “floating hells.

Custody – is the guarding or penal safekeeping, it involves security measures to ensure security and control within the prison. The Prison Custodial Division carries it out.

Death Row - refers to incarcerated persons who have been sentenced to death and are awaiting execution.

Decision – is the judgment rendered by a court of justice or competent tribunal after the presentation of the respective positions of the parties in an ordinary or criminal case or upon which the disposition of the case is based.


Detainees - are inmates still undergoing investigation, awaiting judgment or undergoing trial, or awaiting final judgment from the courts. 

Deterrence - as contended by Cesare Beccaria, the proponent of the classical theory, that punishment is to prevent others from committing crimes.

Director Charles S. Mondejar - the first Chief of BJMP. He took his oath of office on July 1, 1991.

District Jail - is a cluster of small jails, each having a monthly average population of ten or fewer inmates, and is located in the vicinity of the court.

Draco - was the first legislator of ancient Athens, Greece, 7th century BC. He replaced the prevailing system of oral law and blood feud by a written code to be enforced only by a court.

Ducking Stool - a chair fastened to the end of a pole, used formerly to plunge offenders into a pond or river as a punishment.

Dungeon - a dark cell, usually underground where prisoners are confined.

Elmira Reformatory - located in New York, was originally a prison opened to contain Confederate prisoners of war during the Civil War. It became known as a “death camp” because of the squalid conditions and high death rate in its few years of operation. Established 1876.

Elmira System - An American penal system named after Elmira Reformatory, in New York. In 1876 Zebulon R. Brockway became an innovator in the reformatory movement by establishing Elmira Reformatory for young felons. The Elmira system classified and separated various types of prisoners,
gave them individualized treatment emphasizing vocational training and industrial employment, and used indeterminate sentences.

Ergastulum - is a Roman prison used to confine slaves. They were attached to workbenches and forced to do hard labor during imprisonment.

Exemplarity - the criminal is punished to serve as an example to others to deter the further commission of crime.

Expiation - (Atonement) execution of punishment visibly or publicly for the purpose of appeasing a social group. Expiation is a group vengeance as distinguished from retribution.

First Women's Prison - opened in Indiana in 1873. Based on the reformatory model.

Four Classes of Prisoners
1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

Flogging - (Flog) beat (someone) with a whip or stick as a punishment.

Fred T. Wilkinson - last warden of the Alcatraz prison.

Galley - a low, flat ship with one or more sails and up to three banks of oars, chiefly used for warfare or piracy and often manned by slaves or criminals.

Goals of Criminal Sentencing
1. Retribution
2. Punishment
3. Deterrence
4. Incapacitation
5. Rehabilitation
6. Reintegration
7. Restoration

Golden Age Of Penology - 1870 - 1880

Good Conduct Time Allowance (GCTA)
Good conduct time allowance is a privilege granted to a prisoner that shall entitle him to a deduction of his term of imprisonment.
Under Art.97, RPC, as Amended by RA 10575, the good conduct of any prisoner in any penal institution shall entitle him to the following deduction from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of 20 days for each month of good behavior. 
2. During the third to the fifth years of his imprisonment, he shall be allowed a deduction of 23 days each month of good behavior.
3. During the following years until the tenth year of his imprisonment, he shall be allowed a deduction of 25 days each month of good behavior. 
4. During the eleventh and the successive years of his imprisonment, he shall be allowed a deduction of 30 days each month of good behavior.
5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching, or monitoring service time rendered. “An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.”

Who grants good conduct time allowance?
Ans. Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the BJMP, and/or the Warden of provincial, district, municipal, or city jail shall grant allowances for good conduct. Such allowances once granted
shall not be revoked.

Greyhound - Operation Greyhound is an operation conducted by the Bureau of Jail Management and Penology wherein a prisoner may be checked at any time. Whenever possible, his bedding, lockers, and personal belongings may also be opened at any time, in his presence.

Guillotine - an ancient form of capital punishment by cutting the head.

Halfway House - a center for helping former drug addicts, prisoners, psychiatric patients, or others to adjust to life in general society.

Hammurabi's Code - an ancient code that contains both civil and criminal law. First known codified law prior to Roman law. Better organized and comprehensive than biblical law. One of its laws is lex taliones (an eye for an eye)

Hedonism - the ethical theory that pleasure (in the sense of the satisfaction of desires) is the highest good and proper aim of human life.

Hulk - an old ship stripped of fittings and permanently moored, especially for use as storage or (formerly) as a prison.

Impalement - (Impaling) a form of capital punishment, is the penetration of an organism by an object such as a stake, pole, spear, or hook, by complete (or partial) perforation of the body, often the central body mass. Killing by piercing the body with a spear or sharp pole.

Institutional Corrections - refers to those persons housed in secure correctional facilities.

Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or serving short-term sentences

Gaol - old name/term of jail.

Three Types of Detainees
1. Those undergoing investigation;
2. Those awaiting or undergoing trial; and
3. Those awaiting final judgment

Jails - holds
a. Convicted offenders serving short sentences
b. Convicted offenders awaiting transfer to prison
c. Offenders who have violated their probation or parole
d. Defendants who are awaiting trial

James V. Bennett - was a leading American penal reformer and prison administrator who served as director of the Federal Bureau of Prisons (FBOP) from 1937 to 1964. He was one of the strongest advocates in the movement in persuading Congress to close Alcatraz and replace it with a new maximum-security prison, eventually successful in 1963 when it closed.

January 2, 1991 - The Bureau of Jail Management and Penology was created through Republic Act 6975 as a line Bureau under the Department of Interior and Local Government.

Jean Jacques Villain - pioneered classification to separate women and children from hardened criminals.

Jeremy Bentham - a prison reformer, believed that the prisoner should suffer a severe regime, but that it should not be detrimental to the prisoner's health. He designed the Panopticon in 1791.

John Howard - a philanthropist and the first English prison reformer.

Justice - crime must be punished by the state as an act of retributive justice, vindication of absolute right and moral law violated by the criminal.

Justification of Punishment (RADIR)

1. Retribution - personal vengeance. Offenders should be punished because they deserve it.
2. Atonement/Expiation - the punishment is given as a form of group vengeance.
3. Deterrence - to give a lesson/discouragement
a. Specific deterrence - punishment gives a lesson to the offender.
b. General deterrence - punishment of offenders warns potential offenders or gives lessons to others.
4. Incapacitation and Protection - the public will be protected if the offender is being held in a condition where he can not harm others, especially the public.
5. Reformation and Rehabilitation - the establishment of the usefulness and responsibility of the offender.

Lapidation - (Stoning) the act of pelting with stones; punishment inflicted by throwing stones at the victim.

Lex Taliones - an eye for an eye, a tooth for a tooth.

Lockstep - marching in single file, placing the right hand on the shoulder of the man ahead, and facing toward the guard.

Lockups - Suspects usually stay in a lockup for only 24 to 48 hours. A suspect may later be transferred from the lockup to the jail.

Mamertine Prison -  was a prison (carcer) located in the Comitium in ancient Rome. It was originally created as a cistern for a spring on the floor of the second lower level. Prisoners were lowered through
an opening into the lower dungeon.

Mark System - developed in Australia by Alexander Maconochie, whereby credits, or marks, were awarded for good behavior, a certain number of marks being required for release.

Mittimus - a process issued by the court after conviction to carry out the final judgment, such as commanding a prison warden to hold the accused, per the terms of the judgment. Mittimus is often attached to the commitment order issued by the court whenever the convict is to be transferred to prison for service of sentence.

Mortality rate - A measure of the frequency of deaths in a defined population during a specified interval of time.

Mutilation or maiming - an ancient form of punishment, is an act of physical injury that degrades the appearance or function of any living body, sometimes causing death.

National Prisons Association - was organized in Cincinnati in 1870.

Neo-Classical - children and lunatics should not be punished as they can not calculate pleasure and pain.

Classical Theory - pain must exceed pleasure to deter crime. All are punished regardless of age, mental condition, social status, and other circumstances.

Positivist Theory - A criminal is a sick person and should be treated and not punished.

Eclectic - it means selecting the best of various styles or ideas.

Newgate Prison - not a real prison but an abandoned copper mine in Simsbury Connecticut. Inmates are confined underground (Black hole of horrors).

Operational capacity - the number of inmates that can be accommodated based on a facility's staff, existing programs, and services.

Panopticon - a prison design, that allowed a centrally placed observer to survey all the inmates, as prison wings radiated out from this central position.

Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief Executive (The President) as a matter of power.
Two Kinds of Pardon
a. Conditional Pardon – a pardon given with requirements attached.
b. Absolute Pardon – a pardon given without any condition attached.

Parole - refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community.
Parole is the process of suspending the sentence of a convict after having served the minimum of his sentence without granting him pardon, and prescribing the terms upon which the sentence shall be suspended.

Parole and Probation Administration (PPA) - was created under a Presidential Decree (P.D.) No.968, as amended, to administer the probation system. Under Executive Order No. 292, the Probation Administration was renamed the Parole and Probation Administration, and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole or granted a conditional pardon. The PPA and the Board of Pardons and Parole are the agencies involved in the non-institutional treatment of offenders.

Penalty – is the suffering that is inflicted by the state for the transgression of law.

Penal Provisions on Correction

I. Philippine Correctional Philosophies and their Legal Basis  

A. The Philippine Constitution of 1987 

1. The state values the dignity of every human person and guarantees full respect for human rights. (Sec 11, Art. II) 
2. No person shall be detained solely because of his political beliefs and aspirations. (Sec 18 (1), Art. III) 
3. No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been fully convicted. (Sec. 18 (2), Ibid.) 
4. Excessive fines shall not be imposed, nor cruel, degrading, or inhuman punishment inflicted. x x x  (Sec. 19 (2). Ibid.) 
5. The employment of physical,  psychological,  or degrading punishment against any prisoner or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.    (Sec.19 (2), Ibid.) 

B. The Revised Penal Code
No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art. 21, RPC)

C. The Philippine Probation Law (P.D. No. 968) 
- one of the major goals of the government is to establish a  more enlightened and humane correctional system that will promote the reformation of offenders and thereby reduce the incidence of recidivism. 
- The confinement of all offenders in prisons and other institutions with rehabilitation programs constitutes an onerous drain on the financial resources of the country.  
- There is a need to provide a  less costly alternative to the imprisonment of the who are likely to respond to individualized, community-based treatment programs.

D. Rules for the Treatment of Prisoners (DOJ, Jan 7, 1959) 
1. The purpose of committing a prisoner to prison is two-fold:  
(1). To  segregate  from  society  a  person  who  by  his  acts  has  proven  himself  a  danger  to  the  free community; 
(2). To strive at the correction or rehabilitation of the prisoner with the hope that upon his return to society, he shall be able to lead a  normal well adjusted, and self-supporting life as a good and law-abiding citizen. 
2. No man is all bad and there is something good in all men. (Art. I) 

II. Penal Provisions 

a. Delay in the Delivery of Detained Persons to the Proper Judicial Authorities.     
(Art 125, RPC), A felony committed by a public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: 
- 12 hours – for crimes or offenses punishable by light penalties,  
- 18 hours – for crimes or offenses punishable by correctional penalties,  
- 36 hours – for crimes or offenses punishable by afflictive or capital penalties.  
b. The crime of Arbitrary Detention is committed when the detention of a person is without legal ground. 
c. The legal grounds of detention are : 
   a) commission of a crime and 
   b) violent insanity or other ailment requiring compulsory requirements. 
d. Delaying Release   This is committed by a public officer or employee who delays for the period specified in Art 125, the performance of any judicial or executive order for the release of a  prisoner or unduly delays the services of the notice of such order to said prisoner. 
e. Delivery of Prisoners from Jail (Art. 156, RPC)
Elements: 
- The offender is a private individual, 
- He removes a person confined in jail or a penal institution or helps in the escape of such person, 
- The means employed are violence, intimidation, bribery, or any other means.
* The prisoner may be a detention or sentenced prisoner and the offender is an outsider to the jail. If the offender is a public officer or a  private person who has the custody of the prisoner and who helps a prisoner under his custody to escape, the felony is Conniving with or Consenting to Evasion (Art. 223) and Escape of a Prisoner under the custody of a person not a public officer (Art. 225) respectively.  
*This offense like other offenses of a similar nature may be committed through imprudence or negligence.

f. Evasion of Service of Sentence (Art 157-159, RPC) 1. Evasion of Service under Art 157, RPC

1. Evasion of Service under Art 157, RPC
Elements:  
- Offender is a prisoner serving a sentence involving deprivation of liberty because of final judgment.  
- He evades the service of his sentence during the term of his imprisonment.  
*This felony is qualified when the evasion takes place by breaking doors,  windows,  gates,  roofs  or floors;  using picklocks,  false keys,  disguise,  deceit,  violence,  intimidation, or;  connivance with other convicts or employees of the penal institution. (Jailbreaking is synonymous with evasion of sentence).

2. Evasion  of  Service  of  Sentence  on  the Occasion  of  Disorders  due to  Conflagrations, Earthquakes, or Other Calamities (Art. 158, RPC)    
Elements: 
- Offender is a prisoner serving a sentence and is confined in a penal institution. 
- He evades his sentence by leaving the institution. 
- He escapes on the occasion of a disorder due to conflagration, earthquake, explosion, or similar catastrophe or mutiny in which he has not participated, and 
- He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive regarding the passing away of the calamity. 
*A  special time allowance for loyalty shall be granted.  A  deduction of one-fifth of the period of the sentence of any prisoner who evaded the service of sentence under the circumstances mentioned above. The purpose of the law in granting a deduction of one-fifth (1/5) of the period of a sentence is to reward the convict’s manifest intent of paying his debts to society by returning to prison after the passing away of the calamity. 
*Whenever lawfully justified, the Director of Prisons (Bureau of Corrections) shall grant allowance for good conduct, and such allowances once granted shall not be revoked.

3. Other cases of Evasion of Service of Sentence (Art. 159, RPC)     
The violation of any conditions imposed on a Conditional Pardon is a case of evasion of service of sentence.     
The effect of this is, that the convict may suffer the unexpired portion of his original sentence.

Penal Management - refers to the manner or practice of managing or controlling places of confinement such as jails and prisons.

PD No. 603 - was promulgated to provide for the care and treatment of youth offenders from the time of apprehension up to the termination of the case.

Under this law, a youth offender is defined as a child, minor, or youth who is over nine years but under eighteen years of age at the time of the commission of the offense.

Pennsylvania and New York - pioneered the penitentiary movement by developing two competing systems of confinement. The Pennsylvania system and the Auburn system.

Pennsylvania System - An early system of U.S. penology in which inmates were kept in solitary cells so that they could study religious writings, reflect on their misdeeds and perform handicraft work. (Solitary System).

Auburn System - An early system of penology, originating at Auburn Penitentiary in New York, under which inmates worked and ate together in silence during the day and were placed in solitary cells for the evening. (Congregate System)

Penology - a branch of Criminology that deals with prison management and reformation of criminals.

Poene (latin) - penalty
Logos (latin) - science

Penology - the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through the punishment of criminal offenders.
- The term is derived from the Latin word “POENA” which means pain or suffering.
- Penology is otherwise known as Penal Science. It is actually a division of criminology that deals with prison management and the treatment of offenders and concerns itself with the philosophy and practice of society in its effort to repress criminal activities.
-Penology has stood in the past and, for the most part, still stands for the policy of inflicting punishment on the offender as a consequence of his wrongdoing.


Pillory - a wooden framework with holes for the head and hands, in which offenders were formerly imprisoned and exposed to public abuse.

Preventive Discipline – is the prompt correction of minor deviations committed by prisoners before they become serious violations.

Primary Schools of Penology
1. The Classical School – it maintains the “doctrine of psychological hedonism” or “free will”. The individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations.
2. The Neo-classical School – maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences between pleasure from pain, they should not be regarded as criminals, hence they should be free from punishment.
3. The Positivist/Italian School – the school that denied individual responsibility and reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any other act, are a natural phenomenon. Criminals are considered sick individuals who need to be treated by treatment programs rather than punitive actions against them.
       
Prison -  which refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.

Prison Discipline – is the state of good order and behavior. It includes maintenance of good standards of work, sanitation, safety, education, health, and recreation. It aims at self-reliance, self-control, self-respect, and self-discipline.

Prisoners - are inmates who are already serving prison terms.

There are generally four types of prisoners:
 
1. Insular or national prisoner – serving a prison sentence of three years and one day of prison term  to death;
2. Provincial prisoner – serving a prison sentence of six months and one day to three years;
3. City prisoner – serving a prison sentence of one day to three years; 
4. Municipal Prisoner – serving a prison sentence of one day to six months.

Prison Hulks - (1776-1857) were ships anchored in the Thames, and at Portsmouth and Plymouth. Those sent to them were employed in hard labor during the day and then loaded, in chains, onto the ship at night.

Prison Reform - is the attempt to improve prison conditions, aiming at a more effective penal system.

Probation - Probation in criminal law is a period of supervision over an offender, ordered by a court instead of serving time in prison.

John Augustus - Father of Probation. Augustus was born in Woburn, Massachusetts in 1785. By 1829, he was a permanent resident of Boston and the owner of a successful boot-making business.
 
Father Cook - a chaplain of the Boston Prison visited the courts and gained acceptance as an advisor who made enquiries into the circumstances of both adult and juvenile offenders.

Probation – It is a disposition whereby a defendant, after conviction of an offense, the penalty of which does not exceed 6 years of imprisonment, is released subject to the conditions imposed by the releasing court and under the supervision of a probation officer. 

Probation is a substitute for imprisonment, the probationer is compared to an out-patient, a sick person who does not need to be hospitalized because his illness is considered less serious.

Provincial Jail - under the office of the Governor. Where the impossible penalty for the crime committed is more than six months and the same was committed within the municipality, the offender must serve his or her sentence in the provincial jail.

Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal institutions of the Bureau of Corrections.

Punishment - the infliction or imposition of a penalty as retribution for an offense.

Origin and History of Punishment

The oldest written penal law that stopped the ancient practice of retribution or personal vengeance, and punishment became the responsibility of the state.

This law is known as the "Code of Hammurabi", which King Hammurabi of Babylon promulgated.

This Code of Laws was a compilation of the laws of the Semitic tribes and was written in stone. It instituted the law of the talons, meaning that the State will meet out punishment equally, as "an eye for an eye" or "a tooth for a tooth".


Punishment during Primitive Society

1. Death Penalty - this was carried out by burning, boiling in oil, breaking at the wheel, drowning, hanging, etc.
2. Physical torture - this was the so-called corporal punishment, which was carried out by mutilation, maiming, whipping, etc.
3. Social degradation - the purpose of this was to put the offender to shame or humiliation. This was carried out by branding, the use of ducking stools, stocks, pillories, etc.
4. Banishment - this is the sending or putting away of an offender which was carried out either by a prohibition against coming into a specified territory, or a prohibition against going outside a specified territory, such as an island to where the offender has been removed.


Contemporary Forms of Punishment

a. Imprisonment - putting offenders in prison to protect the public and at the same time rehabilitating them by undergoing institutional treatment programs.

b. Parole - is defined as a procedure by which prisoners are selected for release based on individual response and progress within the correctional institute and service by which they are provided with necessary guidance as they serve the remainder of their sentence in the free community.

c. Probation - it is a procedure under which a defendant found guilty of a crime is released by the court without imprisonment subject to the condition imposed by the court and subject to the supervision of the probation officer.

d. Fine - an amount is given as compensation for a criminal act.

e. Destierro - the penalty of banishing a person from the place where he committed a crime, prohibiting him from getting near or entering the 25- 25-kilometer perimeter.


Justification of Punishment

Retribution - Punishment of an offender was carried out in the form of personal vengeance. Since retaliatory acts result in the infliction of greater injury, the retaliation was later limited to the degree of injury inflicted, giving rise to the "An Eye for an Eye" philosophy.

Expiation or Atonement -this was in the form of group vengeance, as distinguished from retribution, where punishment is exacted publicly to appease the social group. Punishing the offender gives the community a sense of its moral
superiority, and assurance that virtue is regarded after all.

Deterrence or Exemplarity - Punishment gives a lesson to the offender by showing others what will happen to them if they violate the law.

Protection - by placing offenders in prison, society is protected from further criminal depredation of criminals.

Reformation -society's interest can be best served by helping the prisoner become a law-abiding citizen and productive upon his return to the community by requiring him to undergo an intensive program of rehabilitation.

Constitutional Restrictions on Penalties -The Constitutional directs that "excessive fines shall not be imposed, nor cruel and unusual punishment inflicted". (Sec. 21 Art. IV, 1973 Constitutions of the Philippines).

Quakers - (or Friends, as they refer to themselves) are members of a family of religious movements collectively known as the Religious Society of Friends. Many Quakers have worked for reform of the criminal justice systems of their day. Quakers believe that people can always change: their focus has been on reforms that make positive change more likely, such as increased opportunities for education, improved prison conditions, help with facing up to violent impulses, and much else.

William Penn - founder of the Province of Pennsylvania, the English North American colony and the future Commonwealth of Pennsylvania.was the first great Quaker prison reformer. In his ‘Great Experiment’ in Pennsylvania in the 1680s he abolished capital punishment for all crimes except murder.
He also stated that ‘prisons shall be workhouses,’ that bail should be allowed for minor offenses’, and ‘all prisons shall be free, as to fees, food, and lodgings’. He provided for rehabilitation, as he stipulated that prisoners should be helped to learn a trade so that they could make an honest living when they were released.

John Bellers - (1654-1725) was the earliest British Friend to pay serious and systematic attention to social reform. He pleaded for the abolition of the death penalty, the first time this plea had been made. He argued that criminals were the creation of society itself and urged that when in prison there should be work for prisoners so that they might return to the world with an urge to industry.

Elizabeth Fry -  (1780-1845) was the most famous of Quaker reformers, though others were equally influential in raising public awareness. Reforms such as the separation of women and children from men and the development of purposeful activity of work or education came about through pressure from informed people.

RA 6975 - sec.60 to 65, created the BJMP.

Rank Classification of BJMP

Director               
Chief Superintendent               
Senior Superintendent             
Superintendent               
Chief Inspector              
Senior Inspector              
Inspector               
Senior Jail Officer IV              
Senior Jail Officer III              
Senior Jail Officer II               
Senior Jail Officer I              
Jail Officer III               
Jail Officer II               
Jail Officer I

RA 10575 - The Bureau of Corrections Act of 2013.

Rack - a form of torture or punishment wherein pain is inflicted on the body through stretching.

Rated Capacity - the number of beds or inmates assigned by a rating official to institutions within the jurisdiction.

Recognizance – is a legal device deeply embedded in English Law that originated as a measure of preventive justice and as such it consists of obliging persons. It is a mechanism whereby a person accused of a crime may be released on his own strength pending trial of his case or on the assurance of a reputable person in the community that he will appear if called during the trial to testify.

Reformation - the object of punishment in a criminal case is to correct and reform the offender.

Reformatory Movement - The reformatory movement was based on principles adopted at the 1870 meeting of the National Prison Association.

The reformatory was designed:
a. for younger, less hardened offenders.
b. based on a military model of regimentation.
c. with indeterminate terms.
d. with parole or early release for favorable progress in reformation.

Rehabilitation - to restore a criminal to a useful life, to a life in which they contribute to themselves and to society.

Reprieve – a temporary stay of the execution of sentence especially the execution of the Death Sentence. Generally, reprieve is extended to prisoners sentenced to death. The date of execution of the sentence is set back several days to enable the Chief to study the petition of the condemned man for commutation of sentence or pardon.

Retribution - punishment inflicted on someone as vengeance for a wrong or criminal act.

Security – It involves safety measures to maintain orderliness and discipline within the jail or prison.

Security Level - A designation applied to a facility to describe the measures taken, both inside and outside, to preserve security and custody.

The simplest security level categorization is:
a. maximum
b. medium
c. minimum

Maximum-security facilities are characterized by very tight internal and external security.
       
Common security measures include: (Maximum)
- A high wall or razor-wire fencing
- Armed-guard towers
- Electronic detectors
- External armed patrol
- A wide, open buffer zone between the outer wall or fence and the community.
- Restrictions on inmate movement
- The capability of closing off areas to contain riots or disruptions.

Houses the following inmates:
- Those sentenced to death
- Those sentenced with min. 20 years
- Those remanded inmates/detainees with min. 20 years sentence
- Those whose sentences are under review by SC (min.20 years)
- Those whose sentences are under appeal (min.20 years)
- Those with pending cases
- Those who are recidivists

Ultra-Maximum/Super-Maximum Security Prison - houses notorious offenders and problem inmates from other institutions.
          
These institutions utilize: Total isolation of inmates, Constant lockdowns

Medium-security institutions - place fewer restrictions on inmate movement inside the facility.

Characteristics often include:(Medium)
- Dormitory or barracks-type living quarters
- No external security wall
- Barbed wire rather than razor wire
- Fences and towers that look less forbidding

Houses the following inmates:
- Those sentenced to less than 20 years

Minimum-security prisons - are smaller and more open.
           
They often house inmates who:
- Have established records of good behavior
- Are nearing release

Characteristics often include:(Minimum)
- Dormitory or barracks living quarters
- No fences
- Some inmates may be permitted to leave during the day to work or study.
- Some inmates may be granted furloughs

Sentence – is the penalty imposed by the court upon a person convicted of a crime.

Sing Sing Prison - was the third prison built by New York State. It is a maximum-security prison.

Sir Evelyn Ruggles Brise - was a British prison administrator, reformer, and founder of the Borstal system.

Sir Walter Crofton - the director of Irish prisons. In his program, known as the Irish system, prisoners progressed through three stages of confinement before they were returned to civilian life. The first portion of the sentence was served in isolation. After that, prisoners were assigned to group work projects.

Status Passage – transition from one social status to another, as from defendant to convict or inmate to parolee.

Stocks - an instrument of punishment consisting of a heavy timber frame with holes in which the feet and sometimes the hands of an offender can be locked.

Sublime – to make the punishment fit the crime.

Three major government functionaries are involved in the Philippine correctional system:
1. DOJ
2. DILG
3. DSWD

DOJ - supervises the national penitentiaries through the Bureau of Corrections, administers the parole and probation system through the Parole and Probation Administration, and assists the President in the grant of executive clemency through the Board of Pardons and Parole.

DILG - supervises the provincial, district, city, and municipal jails through the provincial governments and the Bureau of Jail Management and Penology, respectively.

DSWD - supervises the regional rehabilitation centers for youth offenders through the Bureau of Child and Youth Welfare.

Subpoena ad testificandum - a process directed to a person requiring him to appear and testify in a hearing.

Subpoena Duces Tecum - a process directing a person to appear and bring with him books, documents, or things under his care and control during a hearing.

Transportation - a punishment in which offenders were transported from their home nation to one of that nation's colonies to work.

Twelve Tables - The Law of the Twelve Tables (Latin: Leges Duodecim Tabularum or Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. Established basic procedural rights for all Roman citizens as against one another

Underground Cistern - a reservoir for storing liquids, an underground tank for storing water. This was also used in prison in ancient times.

Utilitarianism - a tradition stemming from the late 18th- and 19th-century English philosophers and economists Jeremy Bentham and John Stuart Mill that an action is right if it tends to promote happiness and wrong if it tends to produce the reverse of happiness—not just the happiness of the performer of the action but also that of everyone affected by it.

Voltaire - believes that fear of shame is a crime deterrent.

Walnut Street Jail - opened in 1790 in Philadelphia. Considered the 1st state prison. Inmates labored in solitary cells and received large doses of religious training.

Workhouses - European forerunners of the modern U.S. prison, where offenders were sent to learn discipline and regular work habits.

Zebulon Reed Brockway - was a penologist and is sometimes regarded as the Father of prison reform and the Father of American Parole in the United States.


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