PHILIPPINE PRISON SYSTEM
The Philippines is one of the many countries that came under the influence of the Roman law. History has shown that the Roman Empire reached its greatest extent to most of continental Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889, the “Conquistadores”. The “Kodigo Penal”(now Revised Penal Code) was also introduced promulgated by the King of Spain. Basically, these laws adopted the Roman law principles.
Mostly tribal traditions, customs and practices influence laws during the Pre-Spanish Philippines. There were also laws that were written which includes the Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that prescribes harsh punishment, and the Maragtas Code (Datu Sumakwel).
Early prisons in the Philippines
OLD BILIBID PRISON
- known as Carcel y Presidio Correccional (Spanish, "Correctional Jail and Military Prison") occupied a rectangular piece of land which was part of the May halique Estate in the heart of Manila.
- It was established on June 25, 1865 under a Spanish royal decree.
- It is divided into two sections the Carcel Section which could accommodate 600 inmates and the Presidio, which could accommodate 527 prisoners.
- The remnants of the old facility was used by the City of Manila as its detention center then known as Manila City Jail, famous as the “May Halique Estate”.
- In 1941 the new facility was officially named "The New Bilibid Prison".
- It is maintained by the Bureau of Correction. (BuCor) under the Philippine Department of Justice.
Tomoyuki Yamashita - commander of the Japanese Imperial Army in the Philippines in 1944 - Incarcerated while undergoing trial for war crimes; eventually executed by hanging in Los Baños on February 23, 1946.
In 1936, the City Manila exchanges its Muntinlupa property with the Bureau of Prisons originally intended as a site for boys’ training school. Today, the old Bilibid Prison is now being used as the Manila City Jail, famous as the “May Halique Estate”.
The Bureau of Corrections
Bureau of Prisons was renamed Bureau of Correction under Executive Order 292 passed during the Aquino Administration. It states that the head of the Bureau of Corrections is Director of Prisons who is appointed by the President of the Philippines with the confirmation of the commission of appointments.
The Bureau of Corrections has general supervision and control of all national prisons or penitentiaries. It is changed with the safekeeping of all Insular Prisoners confined therein or committed to custody of the Bureau.
Inmates of the Bureau of Corrections are classified according to the following:
1. DETAINEE - Those whose cases are or have other pending cases;
2. THIRD CLASS INMATE - Those who have been previously committed as a sentenced prisoner for three times or more except cases involving non-payment of fines, or those whose classification were reduced from higher class.
3. SECOND CLASS INMATE - Newly arrived inmates committed for the first time, or demoted from the higher class or promoted from a lower class.
4. FIRST CLASS INMATE - One whose known character and credit for work while still in detention earned classification to his class; or one who was promoted from lower class; and
5. COLONIST - A classified first class inmate for at least one year immediately preceding his classification as such, and has served with good conduct, at least one-fifth of his maximum sentence, or has served seven years in case of life sentence.
Coverage of the Bureau of Corrections
A. NATIONAL BILIBID PRISON (MUNTINLUPA CITY) NEW BILIBID PRISON (NBP) Main Building Muntinlupa
- Constructed in 1847 by virtue of Royal Decree of the Spanish crown pursuant to sec. 1708 of the Revised Administrative Code. - Operates in two satellite units, namely Camp Bukang Liwayway(Minimum Security Prisoners) and Camp Sampaguita (Medium Security Unit and Youth Rehabilitation center)
B. RECEPTION AND DIAGNOSTIC CENTER
C. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
- Mandaluyong City
- Created Pursuant to Act 3579, Nov. 27, 1929
- 11 hectares
- 1934 – date of creation for the position for a Female Superintendent
- Conducts vocational courses in dressmaking, beauty culture, handicrafts, cloth weaving and slipper making.
- Smallest penal colony
- RAMON VICTORIA- first Director of CIW
- ELIZABETH FRY- first woman to advocate the rights of the woman inmates
D. THE PENAL COLONIES
1. SABLAYAN PENAL COLONY AND FARM
- 16,000 hectares Sablayan, San Jose, Occidental Mindoro
- Created pursuant to proclamation no. 72, September 26, 1954
- Rice production
2. IWAHIG PENAL COLONY AND FARM(OLD NAME IUHIT)
- Puerto Princesa City, Palawan
- Created pursuant to Sec. 1709, Revised Administrative Code of 1917
- Rice production, Corn, copra, logs, minor forest products and cattle’s
- RJ Shields - the first American superintendent
- Largest penal facility in the Philippines
- Previously an institution for incorrigibles
- Enjoys the reputation ob being one of the best open institutions all over the world.
- 36,000 hectares: SUB-COLONIES( sta. Lucia, Inawagan, Montible and Central Sub-colony)
- It administers the TAGUMPAY SETTLEMENT. The settlement is 1,000 hectares apportion of which was divided into 6 hectares homestead lots which were distributed to released inmates who desired to live in the settlement.
3. DAVAO PENAL COLONY AND FARM
- Central Davao/Panabo Davao
- Created pursuant to act no. 3732 and Proclamation No. 414 series of 1931, established January 21, 1932
- Gen. Paulino Santos its founder and director of prisons led the first contingent
- Abacca is the main product - Biggest Banana producers
- Concentration camp of American Prisoners of war in the year 1942.
- Concentration Camp of Japan during World War II
- Second largest facility
- Biggest source of income of Bucor
3. DAVAO PENAL COLONY AND FARM - Central Davao/Panabo Davao - Created pursuant to act no. 3732 and Proclamation No. 414 series of 1931, established January 21, 1932 - Gen. Paulino Santos its founder and director of prisons led the first contingent - Abacca is the main product - Biggest Banana producers - Concentration camp of American Prisoners of war in the year 1942. - Concentration Camp of Japan during World War II - Second largest facility - Biggest source of income of Bucor 4. SAN RAMON PENAL COLONY AND FARM - Zamboanga Ciy - The prison was named after the founder Capt. Ramon Blanco of the Spanish Royal Army. - Created pursuant to sec. 1720, R.A.C. 1917 - Land area (1546 hectares) Its prime product is Copra and it also raises rice, corn, coffee, cattle and livestock. - January 1, 1915- when SAN RAMON PENAL COLONY AND FARM Was under the Bureau of Prisons - The first penal institution of the Philippines - Dr. Jose Rizal was incarcerated in this penal colony - Primarily intended to confine Muslim prisons
3. DAVAO PENAL COLONY AND FARM - Central Davao/Panabo Davao - Created pursuant to act no. 3732 and Proclamation No. 414 series of 1931, established January 21, 1932 - Gen. Paulino Santos its founder and director of prisons led the first contingent - Abacca is the main product - Biggest Banana producers - Concentration camp of American Prisoners of war in the year 1942. - Concentration Camp of Japan during World War II - Second largest facility - Biggest source of income of Bucor
4. SAN RAMON PENAL COLONY AND FARM
- Zamboanga Ciy
- The prison was named after the founder Capt. Ramon Blanco of the Spanish Royal Army.
- Created pursuant to sec. 1720, R.A.C. 1917
- Land area (1546 hectares) Its prime product is Copra and it also raises rice, corn, coffee, cattle and livestock.
- January 1, 1915- when SAN RAMON PENAL COLONY AND FARM Was under the Bureau of Prisons
- The first penal institution of the Philippines
- Dr. Jose Rizal was incarcerated in this penal colony
- Primarily intended to confine Muslim prisons
5. LEYTE REGIONAL PRISON
- Abuyog Leyte - Created pursuant to proc. No. 1101, January 16, 1973
- Youngest penal colony
6. ILOILO PENAL COLONY AND FARM - Iloilo province
BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)
On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.
Subsequently, R.A. 9263, also known as the “Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004” and its Implementing Rules and Regulations strengthened the provisions of R.A. 6975, redefined many of the BJMP’s existing policies and restructured the Bureau’s organization.
POWERS OF THE BJMP
The bureau shall exercise supervision and control over all districts, city and municipal jails to ensure a secured, clean, sanitary and adequately equipped jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice or prisons detained awaiting investigation or trial and /or transfer to the National Penitentiary, and any violent, mentally ill person who endangers him self or the safety of others.
Function of the BJMP
In line with its mission, the Bureau endeavors to perform the following:
1. formulate policies and guidelines on the administration of all districts, city and municipal jails nationwide;
2. formulate and implement policies for the programs of correction, rehabilitation and treatment of offenders;
3. plan the program funds for the subsistence allowance of offenders;
4. conduct researches, develop and implement plans and program for the improvement of jails services throughout the country;
Organization and Key Positions in the BJMP
The BJMP, also referred to the jail bureau, was created pursuit to Section 60, R.A. no.6975, and initially consisting of uniformed officers and members of the jail management and penology service as constituted under P.D. no.765.
The Bureau shall be headed by a chief with the rank of director, and assisted by a deputy chief with the rank of chief superintendent.
The Central Office is the command and staff HQ of the jail bureau composed of 3 commands groups, 6 coordinating Staff Divisions, 6 especial staff Groups and 6 personal Staff Groups namely:
1. Command Group – Chief, BJMP – Deputy C/BJMP – Chief of Staff
2. Coordinating Staff Groups – Administrative Division, Operations Division, Logistics Division, Finance Management Division, Research Plans and Programs Division, Inspection and Investigation Division.
3. Special Staff Groups – General Services Unit, Health Services Unit, Chaplain Services Unit, Community Services Unit, Finance Services Unit, Hearing Office.
4. Personal Staff Groups – Aide-de-Camp, Intelligence Office, Public Information Office, Legal Office, Adjudication Office, Internal Audit.
REGIONAL OFFICE
– At the Regional Level, each Region shall have a designated Assistant regional Director for Jail management and Penology.
PROVINCIAL LEVEL
– in the Provincial Level, there shall be designated a Provincial Jail Administrator to perform the same functions as the ARDs province wide.
DISTRICT OFFICE
– in the District Level, where there are large cities and municipalities, a district jail with subordinate jails, headed by a District warden may be established as necessary.
CITY AND MUNICIPAL OFFICE
– in the City and Municipal level, a city or municipal Warden shall head each jail.
Duties and Responsibilities
WARDEN
The warden is responsible for the direction, Coordination, and Control of the Jail. This includes the Security, safety, discipline and well being of inmates.
The office of the warden may organize the following units:
1. Intelligence and Investigation Team – it gathers, collates and submits intelligence information to the office of the warden on matter regarding the jail condition.
2. Jail Inspectorate Section – Inspect jail facilities, personnel, and prisoners and submit reports to the warden.
3. Public Relation Office – Maintain public relation to obtain the necessary and adequate public support.
ASSISTANT WARDEN
The office of the Assistant Warden undertakes the development of a systematic process of treatment.
The Assistant Warden is the Chairman of the Classification Board and Disciplinary Board.
ADMINISTRATIVE GROUPS
The administrative groups take charge of all administrative functions of the jail bureau.
Personnel Management Branch
– Assignment of personnel, Procedures of selection, Preparation of Personnel reports, Individual record file.
Records and Statistics Branch
– Keep and maintain booking sheets and arrest reports, keep an orderly record of the fingerprints and photographs, Present/ Prepare statistical data of inmates.
Property and Supply Branch
– Take charge of the safekeeping of equipments and supplies and materials needed for the operation of the jail.
Budget and Finance Branch
– Take charge of all financial matters such as budgeting, financing, accounting, and auditing.
Mess Service Branch
– Take charge of the preparation of the daily menu, prepares and cook the food and serve it to inmates.
General Service Branch
- The branch responsible for the maintenance and repair of jail facilities and equipments. It is also task with the cleanliness and beautification of the jail compound.
Mittimus Computing Branch
– Tasked to receive court decisions and compute the date of the full completion of the service of sentence of inmates.
- A mittimus is a warrant issued by a court directing the jail or person authorities to receive the convicted offender for the service of sentence imposed therein or for detention.
THE SECURITY GROUPS
The security groups provides a system of sound custody, security and control of inmates and their movements and also responsible to enforce prison or jail discipline.
Escort Platoon is composed of the
a) Escort Section – to escort inmate upon order of any judicial body; upon summon of a court; or transfer to other penal institutions.
b) Subpoena Section – receives and distribute court summons, notices, subpoenas, etc.
SECURITY PLATOON
– a three (3) working platoon shifts responsible for over all security of the jail compound including gates, guard posts and towers. They are also responsible for the admitting and releasing unit.
REHABILITATION PURPOSES GROUPS
This group provide services and assistance to prisoners and their families to enable them to solve their individual needs and problems arising from the prisoners’ confinement.
Medical and Health Services Branch
– Provides medical and physical examinations of inmates upon confinement, treatment of sick inmates and conduct medical and physical examinations and provide medicines or recommend for the hospitalization of seriously ill prisoners or inmates. It also conducts psychiatric and psychological examinations.
Work and Education Therapy Services
– It take charge of the job and educational programs needed for rehabilitation of inmates by providing them job incentives so they can earn and provide support for their families while in jail.
Socio – Cultural Services
– It takes care of the social case work study of the individual prisoners by making interviews, home visits, referral to community resource, free legal service, and liaison works for the inmates.
Chaplaincy Services
– It takes charge of the religious and moral upliftment of the inmates through religious services. This branch caters to all religious sects.
Guidance and Counseling Services
– Responsible for the individual and group counselling activities to inmates solve their individual problems and to help them lead a wholesome and constructive life.
RECEPTION AND DIAGNOSTIC CENTER (RDC)
This is a special unit of prison (Camp Sampaguita) where new prisoners undergo diagnostic examination, study and observation for the purpose of determining the programs of treatment and training best suited to their needs and the institution to which they should be transferred.
It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-up.
2. The Psychologist – responsible to conduct study on the character and behaviour of the prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of inmates.
THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC where the prisoner is given thorough physical examination including blood test, x-rays, vaccinations and immunity. This is for the purpose of insuring that the prisoner is not suffering from any contagious disease, which might be transferred to the prison population.
Upon admission in the Reception and Diagnostic Center, an inmate shall be placed in quarantine for at least five (5) days during which he shall be-
1) Given physical examination to determine any physical illness or handicap or mental ailment and to segregate those suspected of having an infectious or contagious disease. If found sick, the inmate shall be immediately confined in the prison hospital;
2) Oriented with prison rules; and
3) Interviewed by a counselor, social worker or other program staff officers. The interview shall be conducted in private.
ADMISSION PROCEDURES IN PRISON
(1) RECEIVING
– the new prisoner is received at the RDC. The new prisoner usually comes from a provincial or city jail where he was immediately committed upon conviction by the court, and escorted by the escort platoon during his transfer to the National Prison.
(2) CHECKING OF COMMITMENT PAPERS
– the receiving officer checks the commitment papers if they are in order. That is, if they contain the signature of the judge or the signature of the clerk of court, and the seal of the court.
(3) IDENTIFICATION
– the prisoner’s identity is established through the picture and fingerprint appearing in the commitment order. This is to insure that the person being committed is the same as the person being named in the commitment order.
(4) SEARCHING
– this step involves the frisking of the prisoner and searching his personal things. Weapons and other items classified as contraband are confiscated and deposited to the property custodian. Other properties are deposited with the trust fund officer under recording and receipts.
(5) BRIEFING AND ORIENTATION
– the prisoner will be brief and oriented on the rules and regulations of the prison before he will be assigned to the RDC or the quarantine unit.
ORIENTATION PROCEDURES IN PRISON
Orientation takes place with in the first few days in the center which consists in:
(a) Giving the presoners a booklet of rules to and regulation and explaining the rules to them.
(b) Conducting group meeting of the center to explain to the inmates the available treatment programs.
(c) Holding sessions with the member of the center’s staff to explain what the inmates should do in order to profit most from their experiences.
THE TREATMENT PROGRAMS
The Philippines Prison System adopted two approaches in treating criminal’s offenders.
These are the Institution-Base Treatment programs. These programs aimed toward the improvement of offender’s attitude and philosophy of life, the main goal being the ultimate rehabilitation of offenders by changing inmate’s attitude.
INSTITUTIONALIZED TREATMENT PROGRAMS
Prison Education
Prison education is the cornerstone of rehabilitation. It is the process or result of formal training in school or classrooms intended to shape the mind and attitude of prisoners toward good living upon their releasing.
Objective of Prison Education:
1. To return the prisoner to society with a more wholesome attitude towards living,
2. To conduct themselves as good citizens,
3. To give them knowledge and develop their skills to maintain themselves and their dependents through honest labor.
Classes of Prison Education
1. General and Academic Education
– the objective of which is to eradicate illiteracy among prisoners. This could be the best contribution of correctional system can offer to society.
2. Vocational Education
– Institutional maintenance works and industrial projects, the purpose of which is to provide prisoners necessary skills for successful works in a socially acceptable occupation after their release. Courses may include: Radio Mechanics, Auto Mechanics, Horticulture, Shoemaking, Tailoring, Carpentry, Electronics, etc.
3. Physical Education
– designed for those who have physical disabilities.
Work Programs
These are programs conducive to change behaviour in morale by training prisoners for a useful occupation. It is purposely to eliminate idleness on the part of the prisoners, which may contribute to “Prison stupor” and its effects the incidence of prison riot.
Classification of Prison Work Programs:
1. Educational Assignments
– prisoners maybe assigned to either general education, vocational or physical education.
2. Maintenance Assignment
– this assignment involves labor related to care and up keeping of the institution properties.
3. agricultural and Industrial Assignments
4. Unassignable
– Prisoners who are nearly to leave the institution, awaiting transfer, those in the disciplinary status, and those who are chronically ill with mental disabilities are considered unassignable prisoners. Female prisoners shall be assigned to work on jobs suitable to their age, sex and physical conditions. Prisoners over 60 years of age may be excused from hard work.
Religious Services in Prison
The purpose of this program is to change the attitudes of inmates by inculcating religious values or belief.
Function of Chaplain:
1. Conduct communion and confession to inmates,
2. Conduct religious ministry such as preaching the Bible,
3. Conduct private and personal counseling,
4. Other chaplaincy services.
Administrative Function of the Chaplain:
1. Member of the RDC staff,
2. Member of the Classification Committee,
3. Render Evaluation to the BPP.
Recreational Programs
The only program that is conducted during free time schedule with the following objectives:
1. Mental and Physical Development
2. Help prisoner to become aware of their individual conditions to provide them a method of improvement.
3. Development of cooperative competitions,
4. Arouse the interest of the prisoners in recreational programs.
Activities of recreation may include Athletics/sports, music and arts, social games, special activities on special events etc.
Medical and Health Services
Medical and health services include:
1. Mental and physical Examination
2. Diagnosis and treatment
3. Immunization
4. Sanitary inspections
5. Participation in training
Counseling and Casework
Objectives of Counseling
1. Immediate solution of specific personal problem,
2. Help inmates to increase self-understanding,
Objectives of Casework
1. To obtain clear description of social history,
2. Solving immediate problems, involving family problems or other personal relationship,
3. Assist inmates toward acceptable solution,
4. Support inmates, who are nearly release by giving them guidance or information,
5. Professional assistance to offenders on probation or parole.
INSTITUTIONAL CUSTODY, SECURITY AND CONTROL DIVERSIFICATION: Concept and Importance
Diversification is an administrative device of correctional institutions of providing varied and flexible types of physical plants for the more effective custody, security and control of the treatment programs of its diversified population. Diversification is the principle of separating homogenous types of prisoners that requires special treatment and custody. Separation can be done through proper classification of inmates.
How Diversification is carries out? It can be done either building special institution for different classes of prisoners through proper segregation of inmates that is big institution can be broken into a smaller unit.
Aims of Diversification
1. More effective execution of the treatment programs,
2. To prevent prisoners from moral and physical contamination of one group by another,
3. To prevent unnecessary custodial risks.
The Classification Process
Classification is a method by which diagnosis, treatment planning and execution of the treatment programs are coordinated in the individual case study. It is a process of determining the needs and requirement of prisoners for assigning them to programs according to their needs and existing resources.
Four (4) Separate but Coordinated Classification Procedure
(1) Diagnosis
– Prisoner’s case history is taken and his personality is being studied through examination and observations.
(2) Treatment Planning
– it is the formulation of tentative treatment programs suited for the prisoner.
(3) Execution of the Treatment Program
– it is the application of the treatment programs and policies by the classification committee.
(4) Re-classification
– Treatment program is kept current with the inmates changing needs
Purpose of the Classification Process
The Classification process is adopted to determine the work assignment, type of supervision and custody which will be applied to the prisoners.
PRISON Security, Custody and Control
Security – It involves safety measures to maintain the orderliness and discipline with in the jail or prison.
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.
Preventive Discipline – is the prompt correction of minor deviations committed by prisoners before they become serious violations.
Control – It involves supervision of prisoners to ensure punctual and orderly movement from one place work program or assignment to another.
Aims of Institutional Security and Control
1. Prevention of Escapes
2. Control of Contrabands
3. Maintinance of good order
Essential Requisite for Sound Custody, Security and Control
1. Adequate system of classification of prisoners
2. Regular inspections
3. Adequate system of counting
4. Set of rules of control and safety precautions
5. Plan for the control of contraband and equipments
6. Keying system
7. Emergency plan
Custody - is the guarding or penal safekeeping, it involves security measures to insure security and control with in the prison. The Prison Custodial Division carries it out. The Prison Custodial Division is changed of all matters pertaining to the custody of the Prisoner and security of the institution.
Disciplinary Board in jails
The Disciplinary Board for jails is a board that is organized and maintained with in our local jails for the purpose of hearing disciplinary cases involving violation of jail rules and regulations by the inmates.
The Disciplinary Board is the authority that can impose disciplinary punishments such as:
1. Reprimand
2. Temporary or permanent cancellation of privileges in jail [visiting privileges, recreational privileges and other privileges].
3. Extra-fatigue duty or assignment to a disciplinary squad for manual labor.
4. Close confinement in a cell or solitary confinement, which shall not exceed seven days in any calendar month. This punishment shall be imposed only in the case of incorrigible inmate when other disciplinary measures had been proven ineffective.
5. Transfer to other penal institutions
6. Loss of good conduct time allowance.
Function of the Disciplinary Board
The warden tasks the board to investigate the facts regarding the alleged misconduct referred to it. It holds sessions as often as necessary in a room that may be provided for the purpose. All cases referred to it must be heard and decided within 48 hours from the date of receipt of the case.
Limitations of Punishments Imposed to Offenders
The General Rule is “Every violation of jail/prisons discipline shall be dealt with accordingly. In extreme cases, where the violation necessitates immediate action, the warden or the Officer of the day may administer action taken to the Disciplinary Board.”
Under section 3, par. D, Rule XIV of the BJMP Manual states the limitations of punishments imposed to offenders as:
1. No female offenders shall be subjected to any disciplinary punishment that may affect her unborn or nursing child.
2. No Handicapped offender shall be made to suffer a punishment that might affect his health or physical well-being.
3. Corporal punishment, confinement in dark, ill-ventilated cells and any other form of cruel, unusual, inhumane or degrading punishment are absolutely prohibited.
4. Whenever the penalty of extra-fatigue duty or solitary confinement imposed affect the health of the offender, medical examination shall be conducted to determine his physical fitness to serve his punishment.
5. The jail physician shall visit the inmate undergoing punishment when necessary and shall advise the warden if he recommends the termination of the punishment on grounds of physical and mental health.
Instrument of restraint such as handcuffs, leg iron and straightjacket are not be applied as a form of punishment. They shall only be used as a precaution against escape or on ground of medical precautions to prevent the offender from injuring himself or others.
Breaches of Discipline must be handled without anger or emotionalism and decisions must be executed firmly and justly.
TREATMENT OF SPECIAL OFFENDERS
Special Offenders includes women offenders, drugs addict, alcoholic, mentally ill persons and sex deviates.
Under Rule 15 of the BJMP Manual, it states that unusual offenders should not be held in jails or prisons the common jail/prison population. They should be segregated with other institutions as their temporary detention houses. However special methods of treatment shall be made such as the following:
Female Offenders
The women’s quarter should be fully separated from the men quarters and no men shall be allowed to enter the women’s quarter. Female jail staff members must do all handling and supervision of female prisoners. Only works suitable to their sex, age and physically conditions should be assigned to them.
Drug Addicts/Alcoholic/Sex Deviates and Mentally-ill Inmates
They must be controlled through segregation and close supervision, the medical officer shall make especial treatment/medications measures should be taken to enable the offender to follow strictly the physicians advise, constant search must be conducted to the quarters or cells for seizure of narcotics and other dangerous drug, and liquor, and transfer of the inmate to the appropriate government or private authority for their especial treatment.
OFFENSES
Minor Offenses
1. Selling or bartering with fellow inmate, of items not classified as contraband
2. Rendering personal service to fellow inmate.
3. Untidy or dirty in his personal appearance.
4. Littering or failing to maintain cleanliness and orderliness in his quarters and/or surroundings.
5. Making frivolous or groundless complaints.
6. Taking the cudgels for or reporting complaints on behalf of other inmates.
7. Late in formation or duty without justification reasons.
8. Willful waste of food.
Less Grave Offenses
1. Failure to report for work detail without sufficient justification.
2. Failure to render assistance to an inured personnel or inmate.
3. Failure to assist in putting out fires inside the jail.
4. Acting boisterously during religious, social and other group functions.
5. Swearing, cursing or using profane or defamatory language, directed personally towards other persons.
6. Malingering or reporting for sick call to escape work assignment.
7. Spreading rumors or maliciously intriguing against the honor of any person, particularly members of the custodial force. 8. Failing to stand at attention and give due respect when confronted by or reporting to any officer or member of the custodial force.
9. Forcing fellow inmates to render personal service to himself and/or others.
10. Exchange uniform or wearing clothes other than those issued to him for the purpose of circumventing jail rules.
11. Loitering or being in an unauthorized place.
12. Using the telephone without authority from the Desk Officer/Warden.
13. Writing, defacing, or drawing on walls, floors or any furniture or equipment.
14. Withholding information which is inimical and prejudicial to the jail administration.
15. Possession of lewd or pornographic literature and/or photographs.
16. Absence from cell, brigade, place of work during head count, or at any time without justifiable reason.
17. Failing to turn over any implements/articles issued after the work detail.
18. Committing any act prejudicial to or which is not necessary to good order and discipline.
Grave Offenses
1. Making untruthful statement or lies in official communication, transaction, or investigation.
2. Keeping or concealing keys or locks of places in the jail where it is off-limits to inmates.
3. Giving gifts, selling to, or bartering with jail personnel.
4. Keeping in his possession money, jewelry, or other contraband which the rules prohibit.
5. Tattooing others or avoiding himself to be tattooed or any part of the body, or keeping any paraphernalia to be used in tattooing.
6. Forcibly taking or extracting money from fellow inmates.
7. Punishing or inflicting injury or harm upon himself or other inmates.
8. Receiving, keeping, taking or imbibing liquor and other prohibited drugs.
9. Making, improvising or keeping any kind of deadly weapon.
10. Concealing or withholding information on plans of attempted escapes.
11. Unruly conduct and behavior and flagrant disregard of discipline and instructions.
12. Escaping, attempting or planning to escape from the institution or from any guard.
13. Helping, aiding or abetting others to escape.
14. Fighting, causing any disturbance or participating therein and/or agitating to cause such disturbance or riot.
15. Indecent, immoral or lascivious acts by himself or others and/or allowing to be the subject of such indecent, immoral or lascivious acts.
16. Willful disobedience to a lawful order issued by an officer or member of the custodial force.
17. Assaulting any officer or member of the custodial force.
18. Damaging any government property or equipment issued to the inmates.
19. Participating in any kangaroo court, an unauthorized or irregular court conducted with disregard for or perversion of legal procedures as a mock court by inmates in a jail/prison.
20. Affiliating oneself to any gang or faction whose main purpose is to foment regionalism or to segregate themselves from others.21. Failing to inform the authorities concerned when afflicted with any communicable Disease, like VD, etc.
22. Engaged in gambling or any game of chance.
23. Committing any act which is in violation of nay law or ordinance, in which case, he shall separately be prosecuted criminally in accordance with law.
CUSTODY, SECURITY AND CONTROL, MOVEMENT AND TRANSFER OF PRISONERS AND DETAINEES
Security and Control
a. Maintain strict control of firearms. Never permit any firearm inside the jail except in some areas where firearm are authorized.
b. Maintain 24-hour supervision of inmates.
c. Maintain system of key control which shall include an accurate listing of all keys and of receipting them. Never permit the inmates to handle keys or to study them
d. Secure firearms and anti-riot equipment in the armory where they shall be within easy reach of the jail guard and yet afford maximum security against access by offenders.
e. Supervise the proper use of tools and potentially dangerous articles such as bottles, acids, kitchen knives, etc.. and keep them out of offenders’ reach when not in use.
f. Conduct regular inmates’ count at least four (4) times within the 24-hour a day-period. Establish procedures which will ensure beyond doubt, that every offender is physically present or accountable for, at every count.
g. Conduct frequent surprise searches of offenders and their quarters to detect contraband.
h. Conduct frequent inspections of security facilities to detect tampering or defects.
i. Guard against escapes, assault on jail personnel and inmates’ disturbances.
j. Develop plans with emergencies like escape, fires, assaults, riots and noise barrage. Make plans known and understood by jail personnel.
k. Never allow a jail guard to open the inmates’ cells alone. At least, another guard should be present.
l. Select carefully the inmates to be assigned as orderly or aide and maintain rigid control over their activities.
No offender should be allowed to assume any of the authority, which belongs to the jail staff or shall any inmate be allowed to exercise authority, supervision and control over other prisoners.
MOVEMENTS/TRANSFER OF INMATES
DOs
1. Maximum security measures shall be observed at all times in providing escort to non-bailable inmates following the ratio of one is to one plus one security.
2. Inmates in transit should always be handcuffed.
3. Regard all non-bailable inmates being transferred as extremely dangerous to avoid being careless.
4. Always escort an inmate in going to a toilet or washroom.
5. Escort personnel must have issued firearms and at least one (1) basic load of ammunition.
6. Guards/escorts must follow the most direct route from jail to court and back.
7. Escorts should provide their own drinks to avoid being drugged which would affect their sensorium.
8. High risk inmates should have back-up vehicles and personnel to preempt rescue and/or abduction.
9. A guard must be extra careful not to sit, stand or walk next to an inmate while carrying a gun as it can be easily grabbed from him.
10. Movement or transfer of inmate shall be treated confidentially.
11. Transporting prisoners by hired vehicle should proceed uninterrupted while passing along the highway.
DONT’S
1. Never allow to escort non-bailable inmates without following the ratio of one is to one plus one security.
2. Never allow the transport of inmates without being handcuffed.
3. Never underestimate non-bailable inmates as non-dangerous persons.
4. Never allow an inmate to go to the toilet or washroom alone,
5. Never escort inmates without a firearm and a basic load of ammunition.
6. No deviation is allowed in the escorting of prisoners, only the places authorized in the court order should be strictly followed.
7. Never accept any drinks offered by inmates for they may be mixed with prohibited or regulated drugs that may affect your sensorium.
8. Never escort high-risk inmates without backup vehicles and personnel.
9. Never sit, stand or walk next to an inmate while carrying a gun as it can easily be grabbed from him.
10. Never announce the movement or transfer of inmates for security reasons.
11. Never allow the driver of a hired vehicle to stop along the highway while transporting prisoners.
Prison Services Subject to the availability of resources, a jail shall provide the following services and programs to encourage and enhance the inmates’ self-respect., dignity, and sense of responsibility:
a. Food
There shall be a unit in every jail, which shall be responsible for the daily allocation of rations to inmates based on an accurate body count and shall coordinate with the custodial force in the supervision of food so that equitable distribution is maintained. Unless authorized by competent authority food rations shall not be taken out by an inmate form the mess hall or designated eating places unless permission therefore is granted by competent authority.
b. Medical and Dental
A jail shall have at least one qualified medical doctor and a dentist and a nurse. Medical services shall be organized in close coordination with the provincial health unit.
c. Education, and Skills Training
A jail shall provide literacy classes to inmates and provide them with vocational educational or training.
d. Religious, Guidance and Counseling
Religious materials and services shall be provided to inmates. There shall be designated place of worship in a jail and subject to security conditions; private religious organizations shall be allowed to visit inmates.
e. Recreation, Sports and Entertainment
Recreation and sports facilities and activities shall be provided by jail authorities to inmates. Wholesome entertainment may be allowed upon prior approval by competent authorities.
f. Work Programs
Each jail shall have a work program that will provide inmates with compensation for their labor and that will enable inmates to augment their food requirements.
g. Visitation
Inmates shall be allowed to be visited by their immediate family, and reputable friends at regular intervals and during designated hours.
h. Shelter or Living Space
Upon admission, an inmate shall be assigned a cell or area where he is given a bunk, a steel wooden bed or mat, a pillow or blanket, and a mosquito net.
SECURITY PROCEDURES
Basic Security Procedures
a. Firearms shall not be carried in designated places inside the jail premises.
b. Supervision of inmates shall be on a 24-hour basis.
c. A system of key control shall be maintained. Prisoners shall not be allowed to handle keys to study them.
d. Firearms and anti-riot equipment shall be kept securely in the armory.
e. The use of all tools and other potentially dangerous articles such as bottles, acid, kitchen knives, etc. shall be closely supervised. Said items shall be kept out of reach of prisoners when not in use.
f. An accurate head count of inmates shall be made at least four (4) times within a 24-hour period.
g. Periodic surprise searches of prisoners and their quarters shall be made to detect the presence of contraband.
h. Security facilities shall be periodically examined to detect tampering or defects.
i. Adequate precautions shall be made to prevent escapes and assaults of prison guards and prisoner disturbance.
j. A jail guard shall always be accompanied by another jail guard when opening the prisoners quarters.
Inmate Head Count
a. The count shall be made at specific times.
b. During the count, inmates shall not be allowed to move until the count is completed.
c. There must be a positive verification of an inmate’s presence. Counting an inmate as present on the basis of seeing any part of his clothing, his hair, or shoes shall not be made.
d. A written report on the results of each headcount shall be submitted to the Warden or Assistant Warden.
e. If the inmate count does not tally with the list of inmates, another count shall be made and a report immediately made to the Warden/Assistant Warden for any unaccounted prisoner.
Meal Services - If meals are served in a dining room or similar facility, the following security measures shall be observed: a. Individual mess utensils of inmates shall be made of plastic.
b. The inmates shall be marched in columns of two along designated routes under the supervision of one or two jail guards. Other officials may be stationed along the route to direct the orderly movement of prisoners to and from the mess hall.
c. There shall be a roving supervisor to establish order in the dining room area.
d. After meals, all eating and kitchen utensils of inmates shall be collected and accounted for. If meals are served inside the cells/quarters, the jail guard shall not enter the cells/quarters to distribute food unless another officer is available to handle the keys and control the entrance door. If the food shall be served without unlocking the door if there is a danger of being overpowered by the inmates. If there is no danger, the door may be opened but the jail guard shall remain on alert.
Work Detail - In case an inmate is detailed to work outside the immediate vicinity of the jail premises, the following security procedures shall be observed:
a. In no case will an inmate be allowed to work outside the jail premises without an escort guard.
b. Security shall be on one inmate: one guard ratio.
c. The inmate shall be bodily searched before and after his work detail.
Outside Movement - The following basic security precautions shall be observed during the transfer/movement of inmates such as referrals to an outside hospital, viewing the remains of a deceased relative, transfer of a national prisoner to a national or other penal institution, and appearance before a court or other competent authority. Any movement of this nature should be treated confidentially.
a. Before Embarkation
1. The written mission order issued by the Jail Warden/Governor, the mittimus, and other prison records of the inmate shall be placed in the custody or the possession of one of the escort guards.
2. Whenever possible, the transfer shall be effected during daylight hours.
3. The escort guard shall be given detailed instructions on their duties and responsibilities, including specific instructions that they use the most direct travel routes to their authorized destination.
4. The inmate shall be thoroughly searched for contraband or deadly weapons or objects which may be used for escape or self-destruction.
5. Money found in the possession of the inmate shall be confiscated by the Desk Officer who shall issue a receipt therefore and who shall return the money to the inmate upon his return. If the inmate is to be confined and needs money for medicine or food, the money shall be turned over under receipt to the escort guard. All disbursements made by the escort guard shall be properly receipted.
6. The prisoner shall be placed in handcuffs or other instrument of restraint. If there is more than one prisoner to be transferred, they shall be grouped in pairs and securely connected to one another by a rope, ascertaining that the inmate does not have crippled, deformed, or very small hands to allow him to slip the handcuffs off.
7. Handcuffs shall be properly adjusted for tightness before departure to avoid the need to adjust the same while in transit.
8. The inmate shall stay inside the jail premises until the vehicle to be used in transporting him is ready for boarding. The inmate shall board a motor vehicle ahead of the jail guard.
b. In Transit
1. The handcuffs or instruments of restraint shall not be removed while the inmates are in transit. An inmate shall not be handcuffed to any part of the vehicle during the transit to avoid being trapped in case of a vehicular accident.
2. If it is necessary to board public transportation such as ship or airplane, the guards shall position themselves with their inmate in an area that is cleared of civilians or if this is not possible shall sit position themselves between a civilian of if this is not possible shall sit position themselves between a civilian and the inmate.
3. All inmates being transferred shall be regarded as possible escapees. The inmate being escorted shall always be under the supervision of a guard at all times, including going to the toilet or washroom, and shall always be close enough to the prisoner to respond to any untoward incident.
4. If there is more than one inmate being escorted, there shall be a head count of the inmates every turn-over of the guarding shift. The team leader of the escort guard detail shall conduct an inspection during all guarding shifts.
5. An inmate should be allowed to tinker with his handcuffs.
6. A guard shall always walk behind and not in front of the inmate being escorted.
7. If armed, the guard shall not sit, stand or walk beside the inmate, or in any case, allow the inmate to reach his firearm.
8. The guard shall not pass any unauthorized place while in transit.
9. Stopping along the highway while in transit is highly discouraged especially when transporting prisoners by vehicle solely for their use.
c. Arrival at Destination
1. Upon arrival at the authorized destination, the guards and their prisoners shall stay in the public transportation until the same is cleared of the other passengers. They shall only disembark after the inmate and his personal belongings have been searched/inspected and the transportation that will bring them finally to their final destination is ready for boarding.
2. The handcuff or instrument of restraint may be removed at the authorized destination if there is no danger of escape. The guard shall return the inmate to the jail as soon as the purpose of the outside movement has been served.
Medical Referrals - In case of the medical referral of an inmate to an outside hospital, the following security procedures shall also be observed.
a. The inmate who is brought to an outside hospital for medical treatment shall be provided with at least two (2) escort guards and returned to the jail during the daylight hours after the treatment is completed.
b. If the inmate is to be confined in a hospital, the inmate may be handcuffed to the bed if he is ambulatory and there is a risk that he may escape.
c. At no time shall the inmate be left unguarded. Issuance of uniforms etc. The newly admitted inmate shall be issued two (2) regulation uniforms/suits and two (2) t-shirts. Whenever practicable, he shall also be issued the following items:
a. One (1) blanket;
b. One (1) mat;
c. One (1) pillow with pillow case;
d. One (1) mosquito net;
e. One (1) set, mess kit; and
f. One (1) pair of slippers.
The inmate shall be held responsible and accountable for the items issued to him.
Personal effects of an inmate.- In addition to the articles supplied by the prison, the inmate may bring clothes and other items essential to his well-being, provided the quantity, nature, and dimension thereof will not interfere with the safety and living conditions of the other inmates. The Superintendent may allow the inmate to bring in electrical equipment like television sets, radio cassettes, video players, electric fans and similar items provided the same is for common use with other inmates.
In no case shall an inmate be allowed to bring in luxurious items such as air conditioners, carpets, sofas, beds, sleeping, mattresses, washing machines, and the like.
Colonist
1. Be at least a first-class inmate and has served one (1) year immediately preceding the completion of the period specified in the following qualifications;
2. Has served imprisonment with good conduct for a period equivalent to one-fifth (1/5) of the maximum term of his prison sentence, or seven (7) years in the case of a life sentence.
Privileges of a colonist
1. Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside from the regular GCTA authorized under Article 97 of the Revised Penal Code;
2. Automatic reduction of the life sentence imposed on the colonist to a sentence imposed on the colonist to a sentence of thirty (30) years;
3. Subject to the approval of the Director, to have his wife and children, or the woman he desires to marry, live with him in the prison and penal farm. Transportation expenses of the family going to and the discharge of the colonist from the prison and the farm shall be for the account of the government. The family may avail of all prison facilities such as hospitals, church and school free of charge. All the members of the family of a colonist shall be subject to the rules governing the prison and penal farm;
4. As special reward to deserving colonist, the issuance of a reasonable amount of clothing and ordinarily household supplies from the government commissary to free subsistence; and
5. To wear civilian clothes on such special occasions as may be designated by the Superintendent. Inmates who are spouses- Husband and wife inmates may be allowed to serve their sentence together in a prison and penal farm as soon as both are classified as colonists.
INMATES DAILY ACTIVITIES From 5:00 a.m. to 9:00 p.m.
5:00 a.m. Waking up/grooming
6:00 a.m. Counting
6:30 a.m. Exercise/Workout
7:00 a.m. Breakfast
8:00 a.m. Flag Ceremony (every Monday)
8:30 a.m. Leave for Work
10:00 a.m. Respite from Work
10:30 a.m. Lunch Time
11:30 a.m. Counting
12:00 noon to 1:00 p.m. Silence Hour/Siesta Time
1:05 p.m. Waking-up
1:30 p.m. Return to work
3:30 p.m. Respite from Work
4:00 p.m. Counting
4:30 p.m. Dinner
5:00 p.m. Leisure Time
5:30 p.m. TV Viewing
7:00 p.m. Counting Time
9:00 p.m. Silence/Sleeping Time
When conducting routine custodial (in cell or compound) guarding, the ratio of 1:7 or one (1) guard for every seven (7) inmates shall be observed.
When an inmate is in transit, the ratio of 1:1 +1 for every inmate shall be observed. In case of a high-risk inmate that demands extra precaution, additional guards shall be employed.
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