Therapeutic-Modalities Compress

CA3: THERAPEUTIC MODALITIES
COURSE DESCRIPTION: This course covers the different therapeutic modalities, treatment
models, treatment programs, and policy or program intervention for both in Institutional and
non-institutional corrections. The forging of partnerships, involvement and engagement of
Government Agencies, Religious Sector, Private Foundations, Institutions and Non-
Governmental Organizations focused on the Detainee’s/Inmate’s/Person Deprived Liberty’s total
welfare and well-being.
CHAPTER 1
Review on the Relevant Topics in Institutional Corrections and Non-Institutional
Corrections
Corrections in Philippine Setting
CORRECTIONS - is the fourth pillar of the Criminal Justice System composed of two major and
equally significant components:
1. Institution-Based Corrections (Institutional Corrections); and

2. Community-Based Corrections (Non-Institutional Corrections).
The three executive departments of the government. (Implementation)
1. DOJ - manages the national prisoners
A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so

they can become useful members of society upon completion of their service of sentence.
B. Board of Pardons and Parole (BPP) - recommends to the President the prisoners who are
qualified for parole, pardon or other forms of executive clemency in the form of reprieve,
commutation of sentence, conditional pardon and absolute pardon.
C. Parole and Probation Administration (PPA) - conducts post-sentence investigation of
petitioners for probation as referred by the courts, as well as pre-parole/pre-executive clemency
investigation to determine the suitability of the offender to be reintegrated in the community
instead of serving their sentence inside an institution or prison; exercise general supervision
over all parolees and probationers and promotes the correction and rehabilitation of offenders
outside the prison institution.
2. DILG - manages inmates who are undergoing investigation, awaiting or undergoing trial,
awaiting final judgment and those who are convicted by imprisonment of up to three (3) years.
A. Bureau of Jail Management and Penology (BJMP) has jurisdiction over all municipal, city and
district jail national wide.
B. Provincial Local Government Unit operates all provincial jails.
C. Philippine National Police (PNP) likewise maintains detention facilities in its different police
stations nationwide.
3. DSWD - manages sentenced youth offenders.
PHILIPPINE PRISON SYSTEM
1. Bureau of Corrections - under the administration of Department of Justice

- It was renamed from Bureau of Prisons by Executive Order 292 passed during the Aquino
administration. It states that the head of the Bureau of Correction is the Director of Prisons who
is appointed by the President of Philippines with the confirmation of the Commission on
Appointment.
National Prison/Insular Prison

9 City
1. Bureau of Prisons/Corrections-Muntinlupa 0
A. NBP - Maximum Security Prison
B. Camp Sampaguita - Medium Security Prison
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C. Camp Bukang Liwayway - Minimum Security Prison
2. Reception and Diagnostic Center (RDC)

3. Correctional Institution for Women (CIW) - Mandaluyong City
4. Penal Colonies:
a. Iwahig Prison and Penal farm in Palawan
b. Davao Prison and Penal farm in Davao del Norte
c. San Ramon Prison and Penal Farm in Zamboanga City
d. Sablayan Prison and Penal Farm in Occidental Mindoro.
e. Leyte Regional Prison in Abuyog Leyte.
CHAPTER 2
Standard on Treatment and Rehabilitation of Prisoners/Inmate/PDL

A. Safety and Orderly
Security – it involves safety measures to maintain the orderliness and discipline within the
jail or prison.
Prison Discipline – It is the state of good order and behavior. It includes maintenance of
good standards of works, sanitation, safety, educational, 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. Preventive of Escapes
2. Control of Contrabands
3. Maintenance of good order
Essential Requisites 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 plans
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. The
Prison Custodial Division is charged of all matters pertaining to the custody of the
Prisoners and security of the institution.
Disciplinary Board
The board is tasked to implement discipline inside the jails just in case there are violation of
existing rules and policies.
COMPOSITION:
 Chairman- assistant warden
 Members- chief security officer, medical/ public health officer, social worker/
rehabilitation officer 9 0
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I N S T R U C T O R: JEFERSON JOSEPH FIANITOG, MSCRIM, RCRIM
Functions of the Disciplinary Board
The Warder tasks the Board to investigate the facts regarding the alleged misconduct
referred to it. It holds sessions as often as necessary 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 the receipt of the case .
The board is tasked to investigate the facts of the alleged misconduct referred to it
by the warden:
Authorized Disciplinary Penalties:
 Reprimand
 Temporary or permanent cancellation of some or all recreational privileges
 Cancellation of visiting privileges
 Extra fatigue duty for sentenced inmates only
 Closed confinement
 Transfer to another facility with court coordination
Limitation of Punishment
 No female inmate is subjected to any disciplinary punishment which might affect

her unborn or nursing child
 No impaired or handicapped inmates shall be meted out with punishment
corporal and inhuman punishment is prohibited
 Medical examination is required when solitary or extra fatigue punishment is
imposed
 Jail physician may recommend termination of punishment on grounds of physical
or mental health
Procedure in Hearing Disciplinary Cases
 The aggrieved inmate shall inform any member of the custodial force of the
violation, the letter in turn, officially report the matter to the desk officer. If one
of the employees knows of the violation committed by the inmate, a brief
description of the circumstances surrounding or leading to the reported violation
and all facts relative to the case shall be made.
 The desk officer shall simultaneously inform the warden station/ substation
commander, as the case may be and shall immediately cause the investigation.
He shall submit to the warden his report together with his recommendations.
 The warden shall evaluate the report and if he believes that there is no sufficient
evidence to support the alleged violation, he shall dismiss the case. If he believes
there exist sufficient evidence, he shall decide the case and impose the
necessary penalty in case of minor violation. If the case is less grave or grave,
he shall endorse it to the board for hearing or decide it himself as a summary
disciplinary officer if there is no disciplinary board.
 The inmate shall be confronted to the reported violation and ask how he pleads
to the charge. If he admit the violation or pleads guilty, the board shall impose
the corresponding punishment.
 If the inmate denies the charge, the hearing shall commence with the
presentation of evidence and other witnesses by the desk officer. The inmate
shall then be given the opportunity to defend himself by his testimony and those
of his witness, if any, and 9
to present 0
other evidences to prove his innocence.
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 After the hearing, the board shall decide the case on the merits.
 Whether the inmate is found guilty or not, he should be advised to obey the
rules and regulations strictly and reminded that the good behavior is
indispensable for his early release and or the granting of privileges.
 Decision of the board/ summary disciplinary officer is subject to the review and
approval by the warden and / or the higher authority. The inmate may request a
review and approval by the and/ or the higher authority. The inmate may
request a review on the findings of the board and the propriety of the penalty to
the central office, BJMP decision shall be final.
Punishable Acts inside the Jail:
Minor Offenses:
 selling or bartering with fellow inmates items not classified as contraband.

 rendering personal services to fellow inmates.
 Untidy or dirty in his personal appearance.
 Littering or failing to maintain cleanliness and orderliness in his quarter and/ or
surroundings.
 Making frivolous or groundless complaints
 Taking the cudgels or reporting complaints
 Late reporting to duty without jurisdiction reason; and
 Willful waste of food.
Less Grave Offense:
 Failure to report for work detail without sufficient justification.

 Failure to render assistance to an injured personnel or inmates.
 Failure to assist in the putting out of fire inside the jail.
 Acting boisterously during religious, social and other groups function.
 Swearing, cursing or using profane language directed personally toward other
person.
 Malingering or reporting as sick to escape work assignment.
 Spreading rumors or maliciously intriguing against honor of any persons,
particularly members of the custodial force.
 Failing to stand at attention and give due respect when confronted by or
reporting to any officers or member of the custodial force.
 Forcing fellow inmate to render services to himself and/ or others
 Exchanging uniform or wearing clothes other than those issued to him the
purposes of circumventing jail rules.
 Loitering or being in an unauthorized place.
 Using the telephone without authority
 Writing, defacing or drawing on walls, floor or any equipment.
 Withholding information which is inimical and prejudicial to the jail
administration.
 Possession of lewd or pornographic literature and photographs.
 Absence from cell, brigade, place of work during head count or at any time
without justifiable reason; and
 Failing to turn over any implements/ article issued after the details.
 Committing any act prejudicial to or which is necessary to good order and
discipline.
Grave Offense:
 Making untruthful statement or lies in official communication, transaction, or

investigation.
9 or locks 0of places in the jail where it is off limits to
 Keeping or concealing keys
offender.
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 Giving gift, selling to, or bartering with jail personnel
 Keeping in his possession money, jewelry or other contraband which the rules
prohibit.
 Tattooing others or allowing himself to be tattooed, or keeping any paraphernalia
for tattooing.
 Forcibly taking or extracting money from fellow inmates.
 Punishing or inflicting injury upon himself or other inmates.
 Receiving, keeping, taking or imbedding liquor and other prohibited drugs.
 Making , improvising or keeping any kind of deadly weapon.
 Concealing or withholding information on plans of attempted escape.
 Unruly conduct and behavior and flagrant of discipline and instructions.
 Helping, adding or abetting others to escape.
 Fighting causing any disturbance or participating there in and/ or agitating to
cause such disturbance or riot; and
 Indecent , immoral or lascivious acts which by himself or other and/ or allowing
to be subject of such indecent, immoral or lascivious acts.
Punishable Acts inside Jail:
 Willful disobedience to lawful orders issued by an officer or member of the

custodial forces.
 Assaulting any officer or member of the custodial force.
 Damaging any government property or equipment issued to the inmates.
 Participating in any kangaroo court, unauthorized or irregular court conducted
with disregard for or perversion of legal proceeding of a mock court by offender
in jail/ prison.
 Affiliating oneself to any gangs or faction whose main purpose is to ferment
regionalism or to segregate them from others.
 Failing to inform the authorities concerned when afflicted with any communicable
disease like VD, etc.
 Committing any act, which is in violation of any ordinance, in which case he shall
separately be prosecuted criminally in accordance with law.
Plan for Escapes or Jailbreaks
The following are the basic guidelines in dealing with jailbreaks:
 The control center shall immediately sound the alarm and inform the warden in
case of escape.
 At the first sound of the alarm, the inmates shall be locked in their respective
cells.
 All the first personnel, custodial and non-custodial force shall make themselves
available for deployment.
 Personnel who have inmates under their care shall remain on duty; take their
accounting at the time of the emergency.
 A simultaneous institution-wide count shall be made to determine the numbers
of inmates who escaped identities established.
 As soon as the identities of the escapees are established, it shall be published
and all police precincts be immediately notified.
 Radio and television stations should be immediately notified.
 Recovery teams shall be sent out to all known liars, hangouts.
 In case of mass jailbreaks, all the members of the custodial force shall issued
firearms and resigned to critical post to block the escape routes.
 If an officer is held hostage, reasonable caution should be made to ensure his/
her safety.
 If the warden is held hostage, for all intents and purposes he ceases to exercise
authority and the next in command shall take the action.
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 Maximum force shall be deployed for escapes found holding on in an area to
pressure them to surrender and avert their movements and an investigation shall
commence thereafter.
Commitment and Classification of Prisoners and Detainees
A person can be committed to jail only upon the issuance of an appropriate

order by a competent court or authority so mandated under Philippine laws. This
Rule enumerates courts and authorities, and classifies inmates according to the
conditions for their commitment.
Commitment - means entrusting for the confinement of an inmate to a jail by a

competent court or authority, for the purposes of safekeeping during the pendency of
his/her case.
Courts and other Entities Authorized to Commit a Person to Jail- The following
(courts and entities) are authorized to commit a person to jail:
a. Supreme Cort;
b. Court of Appeals;
c. Sandiganbayan;
d. Regional Trial Court;
e. Metropolitan/Municipal Trial Court;
f. Municipal Circuit Trial Court;
g. Congress of the Philippines; and
h. All other administrative bodies or persons authorized by law to arrest
and commit a person to jail.
Classification - refers to assigning or to grouping of inmates according to their

respective penalty, gender, age, nationality, health, criminal records, etc.
Categories of inmates -The two (2) general categories of inmates are:

a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting
final judgment.
Classification of prisoners - The four (4) main classes of prisoners are:

a. Insular Prisoner - one who is sentenced to a prison term of three (3) years and one
(1) day to reclusion perpetua or life imprisonment;
b. Provincial Prisoner - one who is sentenced to a prison term of six (6) months and one
(1) day to three (3) years;
c. City Prisoner - one who is sentenced to a prison term of one (1) day to three (3)
years; and
d. Municipal Prisoner - one who is sentenced to a prison term of one (1) day to six (6)
months.
Classification of detainees - The three (3) classes of detainees are those:

a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
Inmates Security Classification-The following are the classifications of inmates

according to security risk each may pose:
a. High Profile Inmate - those who require increased security based on intense media
coverage or public concern as a result of their offense such as but not limited to those
who have been involved in a highly controversial or sensationalized crime or those who
became prominent for being a politician, government official, multi-million entrepreneur,
religious or cause-oriented group leader and movie or television personality.
b. High Risk Inmate - those who 9 are considered
0 highly dangerous and who require a
greater degree of security, control and supervision because of their deemed capability of
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escape, of being rescued, and their ability to launch or spearhead acts of violence inside
the jail. This includes those charged with heinous crimes such as murder, kidnapping
for ransom, economic sabotage, syndicated or organized crimes, etc. Also included are
inmates with military or police trainings or those whose life is in danger or under
imminent threat.
c. High Value Target (HVT) - a target, either a resource or a person, who may either
be an enemy combatant, high ranking official or a civilian in danger of capture or death,
typically in possession of critical intelligence, data, or authority marked as an objective
for a mission and which a commander requires for the successful completion of the
same.
d. Security Threat Group - any formal or informal ongoing inmates’ group, gang,
organization or association consisting of three or more members falling into one of the
following basic categories: street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive groups and terrorist organizations.
e. Subversive Group - a group of persons that adopts or advocates subversive
principles or policies tending to overthrow or undermine an established government.
f. Terrorist Group - a group of persons that commits any of the following: piracy and
mutiny in the high seas or in the Philippine waters, rebellion or insurrection, coup d’état,
murder, kidnapping and serious illegal detention, crimes involving destruction, arson,
hijacking, violation of laws on toxic substances and hazardous and nuclear waste
control, violations of atomic energy regulations, anti-piracy and antihighway robbery,
illegal and unlawful possession, manufacture, dealing in, acquisition or disposition of
firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious ideologies
are considered far outside the mainstream attitudes of the society or who violates
common moral standards and who has adopted an increasingly extreme ideals and
aspirations resorting to the employment of violence in the furtherance of his/her beliefs.
h. Medium Risk Inmates -those who represent a moderate risk to the public and staff.
These inmates still require greater security, control and supervision as they might
escape from and might commit violence inside the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have lesser
tendencies to commit offenses and generally pose the least risk to public safety. In most
cases, they may be first time offenders and are charged with light offenses.
CHAPTER 3
PDLs Admission Process and Procedures in the BJMP, Provincial Jails & BUCOR
The Classification Movement
The reorganization or the federal prison system in 1930, stared the movement for modern
correctional reforms. The most recent developments in individualization of treatment and
training of prisoners. State correctional system have adopted California’s system of
diversification by institution and diversification within the institution in the year 1944. Today, no
prison system which has effectively without this programs. Through such reorganization the
Reception and Guidance Center was established. It’s a new type of institution for the study of
the prisoner and preparation of his treatment and training program in prison.
Classification and Diversification

The Difference
Classification Diversification
Is the placing of prisoners into types or Is an administrative device of correctional
categories for the implementation of the best institutions of providing varied and flexible
treatment programs. It is a method by which types of physical plants for more effective
diagnostic treatment planning and execution control of the treatment programs of its
individual cases.
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of treatment programs are coordinated in
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diversified population. It is the separation of
different types of inmates for sound
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execution of their treatment and custody.
The Classification Process
The rehabilitation program of the prisoner is carried through process of classification is more
than placing prisoners into types or categories it is a method by which diagnosis, treatment and
planning and execution of treatment program are coordinated in the individual care.
Objectives of Classification Process
The objectives of classification are the development of an integrated and realistic programs of
the prisoner arrived at through the coordination of diagnosis, planning and treatments activities
and an informed continuity of these activities from arrival to release of the prisoner.
The Three Phases of Classification
1. Diagnosis- this done inside the reception center in which the inmates will undergo series
of test, e.g. physical, mental and medical examination in other to determine the inmates
condition.
2. Treatment Planning- this will take place in the reception center, which is a special unit
from the prisoner or in the classification clinic of the prison. (After the staff interview
and staff conference is done, it will be then part of the admission summary)
3. Execution of the Treatment Program- this will take place in the operating institution or
prison.
Admission Procedure in Prison
 Receiving – prisoners from city or provincial jails where transferred in the national
prison after conviction by final judgment if the penalty is more than three years. The
prisoners are received at the Reception and Diagnostic Center for examinations.
 Checking – this include the checking of papers and other documents of prisoner by
the prison administrator, such as travel document or commitment order issued by
judge.
 Identification – proper identification of prisoner is done through his picture and

fingerprint.
 Searching – this involves frisking and searching hidden dangerous things or

weapons and other contraband.
 Orientation – this is the reading of rules and regulations of the prisons.

 Assignment – prisoner is sending to quarantine unit for a period of seven to ten
days.
Classification of Inmates as to Entitlement of Privileges
 Detainee;
 Third Class inmate – one who has either been previously committed for three (3) or more
times as a sentenced inmate, except those imprisoned for non-payment of a fine and those
who had been reduced from a higher class;
 Second Class inmate – a newly arrived inmate; an inmate demoted from first class; or one
promoted from the third class;
 First Class inmate – one whose known character and credit for work while in detention
earned assignment to this class upon commencement of sentence; or one who has been
promoted from the second class. 9 0
 Colonist.
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Qualifications of a Colonist
 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;
 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
 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 RPC (not
applicable under present law) ;
 Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30)
years;
 As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing

and ordinarily household supplies from the government commissary in addition to free
subsistence; and
 To wear civilian clothes on such special occasions as may be designated by the

Superintendent.
Privilege of an Inmate in Visiting Relatives Who Died
 To view the remains of a deceased relative and all its supporting documents shall be filed
with the Superintendent at least two (2) days before the enjoyment of the privilege sought.
 Inmate may be allowed more or less three (3) hours to view the deceased relative in the
place where the remains lie in state.
 The privilege may be enjoyed only if the deceased relative is in a place within a radius of
thirty (30) kilometers by road from the prison. Where the distance is more than thirty (30)
kilometers, the privilege may be extended if the inmate can leave and return to his place of
confident during the daylight hours of the same day.
Time-Release Education
Thirty (30) days prior to his scheduled date of release, an inmate is transferred to the
Separation and Placement Center for the purposes of reorientation with the ways of free
society. Service of Non-Governmental Organization and their religious sector are made possible
to the offenders prior to release from prison to assist in their reintegration to society.
Release
The authorities who approve the release of an inmate are:
a. The Directors of the Bureau of Corrections upon the expiration of the

sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of acquittal of
the accused prisoner or grant of bail.
d. The President of the Philippines in cases of Executive Clemency or
Amnesty.
A release prisoner is supplied by the bureau with transportation fare to his home plus
gratuity of fifty pesos (P50.00) to cover9 the cost0subsistence en route, and suit of decent
clothes.
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The Difference between Prison and Jail
Prison Jail
a penitentiary, an institution for the a place of confinement for those
imprisonment of persons convicted who are awaiting for trial or are
of major/serious crimes. those serving short sentences.
a place of confinement for those

who are serving more than 3 years primarily adult penal institution used
of imprisonment. for the detention of law violators,
which is administered by a province,
is a confinement facility having city and municipality.
custodial authority over an individual
sentenced by a court to
imprisonment, which is administered The word Jail derived or originated
by a national government. from the Spanish word “Caula or
Jaula”, meaning cage.
The word Prison derived or

originated from the Greco-Roman
“Presidio”.
Lock Up Jail
This is a security facility, usually operated by the police department, for the temporary
detention of persons held for investigation or awaiting trial.
Creation of Provincial Jail (Administered and Management by Provincial

Government)
SECTION 468. (4) (vii) Establish and provide the maintenance and improvement of jails
and detention centers, institute a sound jail management program, and appropriate funds for
the subsistence of detainees and convicted prisoners in the province; R.A. 7160
The Provincial Jail 9 0

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The Provincial Jail System was first established in 1910 under the American regime.
Each of the seventy-six (76) provinces has a Provincial Jail is headed by a Provincial Jail Warden
which is appointed by the Provincial Governor, as well as provincial jail guards with conformity
with the Civil Service Law. The DILG serves as the supervising agency in every Provincial Jail.
The management of our Provincial Jails and its program of rehabilitation are
dependent upon the Provincial Warden and the provincial government. Most of the Provincial
Jails today are faced with the congestion problem and funds. Today, there are twenty-one (21)
provincial government that have constructed their respective sub-provincial jails to house
prisoners whose prison terms range from six (6) months and one (1) day to three (3) years.
There are now a total of 812 (as of 1993) offenders confined in these jails, which is being
handled by 203 jails guards and personnel. The seventy-six (76) Provincial Jails have confined
9,865 (as of 1993) offenders and still growing. These offenders are being provided with 2,439
provincial guards’ task to secure and provide reformation unto them.
Who is a Prisoner?
 a prisoner is a person who is under the custody of lawful authority.

 any person detained/confined in jail or prison for the commission of a criminal offense or
convicted and serving in a penal institution.
 a person committed to jail or prison by a competent authority for any of the following
reasons: to serve sentence after conviction, trial or investigation.
General Classification of Prisoners
 Detention Prisoners
detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under the
jurisdiction of courts.
 Sentenced Prisoners
offenders who are committed to jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the jurisdiction of penal institutions.
 Prisoners who are on safekeeping

includes non-criminal offenders who are detained in order to protect the community against
their harmful behavior.
Classification of Sentenced Prisoner (P.D. 29)
 Insular or National Prisoners

sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
 Provincial Prisoners
sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years or a fine not
more than 1, 000.00 pesos or both.
 City Prisoners
those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000.00 pesos or both.
 Municipal Prisoners
those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
Classification of Detainees
The three (3) types of detainees are those:
 Undergoing investigation; 9 0
 Awaiting or undergoing trial; and
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 Awaiting final judgment.
Guidelines in Reception and Admission Procedures in Jails
Step 1. Checking of Credentials by the Desk Officer:
Carefully Examines the Following Documents:
 Commitment Order/ Mittimus;

 Information;
 Medical Certificate
 Police Booking Sheet
Entries to be scrutinized in the documents:
 Name of Detainee /Prisoner;

 Branch of Court (RTC /MTCC /MTC /MCTC)
 Offense Charged
 Case Number
 Signature of the Judge/Medical Officer
 Official Seal
Step 2. Search of detainee/prisoner by the Searcher
 Strip Searching of Detainee/Prisoner;

 Taking all cash and other personal property from the inmate and issue receipt;
 Turn-over all cash and valuables of the inmate to the Property Custodian for safe
keeping with official receipts.
Step 3. Physical examination/appraisal by the Jail Medical personnel
 Conduct a thorough medical examination of the inmate and check for body
vermin, cuts, bruises and other injuries and for needle marks to determine if
he/she is a drug dependent.
 Observe the mental alertness, overall appearance, physical abnormalities,
rashes, scratches or other identifying marks of the inmate.
 Inmate found with contagious disease or with psychological problems be
immediately isolated/segregated from other inmates.
 A medical record is accomplished to include medical history(Vital Signs: PB, Pulse
Rate & Temperature)
 Compare the findings with the medical certificate Issued by the Medico-legal
Officer upon his entry in jail.
Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and

complete the documents required in the Carpeta.
Accomplish the Following Documents:
 Fingerprint Specimen Sheet;

 Jail Booking Report/Sheet;
 Profile of Escapee;
 Security Risk Factor Scoring Card;
 Detainee’s Manifestation;
In addition to the above enumerated documents, the Carpeta should also contain the
following, to wit: 9 0
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 Commitment Order / Mittimus;
 Complaint;
 Information;
 Pending Warrant;
 Subpoena;
 Decision/Judgment;
Step 5. Orientation of inmate to jail rules and policies and about Article 29 of the
RPC/ R.A. 6127 (detainee’s manifestation) by the chief custodial or the officer of the
day.
Appraise the detainee, preferably in the dialect which he/she understands, that under
Article 29 of the Revised Penal Code, as amended by R.A. 6127, that his her preventive
imprisonment shall be credited in the service of his/her sentence, consisting of
deprivation of liberty for the whole period he/she is detained if he/she agrees voluntarily
in writing to abide by the same disciplinary rules imposed upon convicted prisoners;
Provided, that he/she is not a recidivist, or has not been previously convicted twice or
more times of any crime; and when, upon being summoned for the execution of his/her
sentence, he/she surrendered voluntarily.
Step 6. Classification and Segregation of Newly Detained Inmate
Composition of the Classification Board:
a. Chairman - Deputy Warden

b. Member - Chief, Custodial/Security Office
c. Member - Medical Officer/ Public Health Officer
d. Member - Jail Chaplain
e. Member - Inmates Welfare and development Officer
CHAPTER 4
Treatment Programs of Convicted Persons Placed under Non-Institutional
Correction Programs/Community Based Program
PROBATION
Probation - A term coined by John Augustus, from the Latin verb "probare" – which
means to prove or to test.
Probation is a procedure under which the court releases a defendant found guilty of a
crime without imprisonment subject to the condition imposed by the court and subject to the
supervision of the probation service. Probation may be granted either through the withholding
of sentence (suspension of imposition of a sentence) or through imposition of sentence and
stay or suspension of its execution. The former generally considered more desirable.
Role of Probation in the Correctional System
Probation is a part of the correctional system. It cannot be properly considered as an

independent subject. It is only a phase of penology, and therefore, it must be viewed in its
relation to other aspects of the enforcement of the criminal laws and its proper perspective. It is
a part of an entire structure and only a single feature of a well-rounded correctional process.
Probation is a form of treatment of the convicted offender. It is not a clemency, pity or leniency
to the offender, but rather a substitute for imprisonment. There are some offenders who must
go to prison for their own good and for the good of the society because their presence in the
community constitutes a threat to law and order. Other less inured to crime can remain in the
community after conviction where they are given a chance to conform to the demands of the
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society. Probation is compared to an out-patient. 0 out-patient does not need to be confined
The
in a hospital because his sickness is not serious. However, the patient must remain under the
13
care and supervision of his family physician in order that his sickness will not become serious.
Similarly, the probationer does not need to go to prison, but he should remain under the
supervision and guidance of his probation officer in order that he will not become a more
serious offender.
Probation is given in cases that the ends of justice do not require that the offender go to
prison. This is also when all the following circumstances exist: that there is a strong likelihood
that the defendant will reform; that there is a little danger of seriously injuring or harming
members of the society by committing further crimes; that the crime he committed is not one
that is repugnant to society; that he has no previous record of conviction; and that the
deterrent effect of imprisonment on other criminals is nit required. The person who is placed on
probation is not a free man because he is required to live within specified area. He is deprived
of certain rights and privileges of citizenship, but he retains some other rights and is entitled to
the dignity of man.
Purpose of Probation
The Wickersham Reports in 1931 (Report of the “National Commission of Law

Observance and Enforcement, “page 146 of Report No. 9) states the purpose of probation as
follows:
1. “Probation, like parole and imprisonment, has as its primary objective the protection of
society against crime. Its methods may differ, but its broader purpose must be to serve
the great end of all organized justice – the protection of the community… probation is
an extension of the powers of the court over the future behavior and destiny of the
convicted person such as is not retained in other dispositions of criminal case…
2. “ … in probation ( there ) is the recognition that in certain types of behavior problems

which come before the courts confinement may be both an unnecessary and an
inadequate means of dealing with the individuals involved; unnecessary because in that
particular case the end sought, i,e., the protection of society, may be achieved without
the cost of confinement, and inadequate because the prison sentence may create
difficulties and complications which will make more, rather than less, doubtful the
reinstatement of that particular individual as a law-abiding citizen. “
Advantages of Probation
Probation is more advantageous than imprisonment. In probation, the man is spared the
degrading, embittering and disabling experience of imprisonment that might only confirm them
in criminal ways. On the other hand, the offender can continue to work in his place of
employment. Family ties remain intact, thus preventing many a broken home. Also, probation is
less expensive which is only one tenth as costly as imprisonment. To the extent that probation
is being used today – about 60% of convicted offenders are given probation – this type of
sentencing therefore, will greatly relieve prison congestion. Chief Justice Taft of the United
States Supreme Court in a case decided by that Court mentioned the purpose of the federal
Probation Act as follows:
“The great desideratum was the giving to young and new violators of law a chance to
reform and to escape the contaminating influence of association with hardened or veteran
criminals in the beginning of the imprisonment… Probation is the attempted saving of a man
who has taken one wrong step and whom the judge think to be a brand who can be plucked
from the burning at the time of the imposition of the sentence. “
ADMINISTRATIVE ORGANIZATION OF PROBATION
During the early stages of probation the appointment of probation officers and the
administration of probation services were9considered0as court functions. Later, probation service
was provided to serve all courts within a City or County such courts as juvenile, domestic,
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municipal and criminal. In this type of probation service, the probation officers are appointed by
the Civil Service Bureau or Commission. In recent years there has been a trend toward a state
integrated probation and parole service for:
 Personality: He must be of such integrity, intelligence, and good judgment as

to command respect and public confidence; Because of the importance-of his quasi-
judicial functions, he: must possess the equivalent personal qualifications of high judicial
officer. He must be forthright, courageous and independent. He should be appointed
without reference to creed, color, or political affiliation.
 Education: A board member should have an educational background broad

enough to provide him with knowledge of those professions mostly closely related to
parole administration. Specifically, academic training which has qualified the board
member for professional practice in a field such as criminology, education, psychiatry,
psychology, social work and sociology is desirable. It is essential that he have the
capacity and desire to round out his knowledge, as effective performance is dependent
upon an understanding of legal processes, the dynamics of human behavior, and
cultural conditions contributing to crime.
 Experience: He must have an intimate knowledge of common situations and

problems confronting offenders. This might be obtained from a variety of fields, such as
probation, parole, the judiciary, law, social work, a correctional institution, a delinquency
preventive agency.
 Others: "He should not be an officer of a political party or seek or hold elective
office while a member of the board."
Extinction of Criminal Liability
The criminal liability of the person is extinguished into two instances the partial and total
extinction of the criminal liability of the convicted felon.
Total Extinction of Criminal Liability
1. By marriage of the offended woman
Marriage of the offender with the offended woman after the commission o any of the
crimes of rape, Seduction, Abduction, or Acts of Lasciviousness must be contracted by
the offender in good faith. The marriage contracted only to avoid criminal liability is
devoid or has no legal effects and that the criminal liability of the offender is not
extinguish.
2. By the death of the convict, as to the personal penalties; and as to pecuniary penalties,
liability thereof is extinguished only when the death of the offender occurs before final
judgment.
If the offender died before final judgment its pecuniary or civil liabilities is extinguished.
But, if the convict died after final judgment the pecuniary penalties or civil liabilities is
not extinguished. If the offended party died it does not extinguished the civil and
criminal liability of the offender due to the reason that the offense is committed against
the state.
3. By service of sentence
Crime is a debt by the offender as a consequence of his wrongful act and the penalty is
the amount of his debt. When the payment is made, the debt is extinguished. After the
9 criminal 0
convict has served its sentence its liability is extinguished but does not include
the civil liability.
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4. By amnesty, which completely extinguishes the penalty and all its effects:
Amnesty defined. It is an act of the sovereign power granting oblivion or a general

pardon for a past offense. And is rarely, if ever, exercised in favor of a single individual
and is exerted in behalf of certain classes of persons; who are subject to trial but have
yet been convicted. However, amnesty maybe granted after conviction. All its civil
liabilities are being extinguished also.
5. By absolute Pardon
Absolute Pardon defined. It is an act grace proceeding from the power entrusted with
the execution of the laws, which exempts the individual on whom it is bestowed from
the punishment, the law inflicts for the crime he has committed.
Pardon will only extinguished the punishment of crime upon acceptance of the grantee.
Once pardon is accepted by the grantee the pardon already delivered cannot be revoked
by the authority, which granted pardon.
As practiced in the Philippines, there are two kinds of pardons, namely, the absolute and
conditional pardons.
Absolute Pardon - is one, which is given without any condition attached to it. The
purposes of this kind of pardon are:
1. To do away with the miscarriage of justice - Under the present method of judicial
procedure justice is not guaranteed. It is possible to convict innocent person, as it is
possible for criminals to escape the hands of justice. When an innocent convict has
no more recourse through courts, the remedy is absolute pardon. The power of the
President to pardon offenders on the grounds of innocence is rarely exercised
because the criminal procedures are liberal in granting a new trial in the case of an
offender has no more legal remedy will pardon of this nature be given. If so
exercised, absolute pardon is granted after an exhaustive investigation is conducted
and upon recommendation of the Secretary of Justice.
2. To keep punishment abreast with the current philosophy, concept or practice of

criminal justice administration - A criminal act, because of changing scheme of social
values, may become non-criminal at a later date. Therefore, persons serving
imprisonment at the time of the repeal of the law abolishing the crime may be
extended absolute pardon. For example, a person serving imprisonment for black-
marketing of gasoline when this commodity was rationed may after the repeal of the
law on black-marketing be extended absolute pardon.
3. To restore full political and civil rights of persons who have already served their
sentence and have waited the prescribed period. The greatest number of application
for absolute pardon come from ex-prisoners who desire to be restored their political
and civil rights. In the Philippines, the Office of the President laid down the policy to
grant absolute pardon to ex-prisoners ten years from the date of their release from
prison. Recently the policy was relaxed, thereby shortening the waiting period of five
years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.
Effects of Absolute Pardon
Absolute Pardon does not work to restore the right to hold public office or the right to
suffrage, unless such rights are expressly restored by the terms of pardon. A pardon does not
exempt the offender from the payment of civil indemnity imposed upon him by the sentence.
Absolute pardon totally extinguishes the 9 0 but not the right of the offended party
criminal liability
to enforce the civil liability against the offender.
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In Cristobal vs. Labrador, et al., 71 Phil. 34, the Supreme Court laid down the doctrine
that the absolute pardon removes all that is left of the consequences of conviction, and that it is
absolute in so far it restores the pardonee to full civil and political rights.
In another case, the supreme Court reiterated the doctrine laid down on the Cristobal
vs. Labrador case and elucidated further that “an absolute pardon not only blots out the crime
but removes all disabilities resulting from the conviction; and that when granted after the term
of imprisonment has expired, absolute pardon removes all that is left of the consequences of
conviction.” (Polobello vs. Palatino, 72 Phil.441 )
Differences between Amnesty and Pardon
Pardon includes any crime and is exercised individually by the Chief Executive, while
amnesty is a blanket pardon granted to a group of prisoners, generally political prisoners.
Pardon is exercised when the person is already convicted while amnesty may be given before
trial or investigation is had.
In Barrio Quinto, et al., vs. Fernandez, O.G. 303, the Supreme Court distinguished
pardon from amnesty in that, “pardon is granted by the Chief Executive and such it is a private
act which must be placed and proved by the person pardoned, because the courts take no
notice thereof; while amnesty is by proclamation with concurrence of Congress, and it is a
public act which the courts should take judicial notice. Pardon is granted to one after conviction,
while amnesty is granted to classes of persons who may be guilty of political offenses, generally
before or after the institution of criminal prosecution and sometimes after conviction. “
Limitations of the Pardoning Power
The power of the chief Executive to grant pardon is limited to the following:
1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2,
Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law
may be granted without favorable recommendation of the Commission of Elections.
“(Art. X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.
It is an elementary principle in political law that pardon can only be given after final
conviction. Cases pending trial or an appeal are still within the exclusive jurisdiction of the
courts hence, pursuant to the theory of separation of powers, the Chief Executive has no
jurisdiction over the accused.
Partial Extinction of Criminal Liability
Criminal liability is extinguished partially:
1. By conditional Pardon
A conditional pardon delivered and accepted is considered a contract between the

sovereign power of the executive and the convict that the former will release the latter upon
compliance with the condition.
2. By Commutation of Sentence
Commutation defined. Is an act of clemency by which an execute act changes a heavier

sentence to a less serious one or a longer term to a shorter term.
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It is a change of decision of the court, made by the Chief Executive by reducing the
degree of the penalty inflicted upon the convict, or by decreasing the length of the
imprisonment or the amount of the fine.
Purpose of Commutation of Sentence
a. to break the rigidity of the law;

b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.
Instances where commutation is provided by law:
1. When the convict who is sentenced to death is over 70 years of age;

2. When the justices of the Supreme Court fail to reach a decision for the affirmation of
the death penalty.
In either case, the degree of penalty is reduced from death to reclusion perpetua. In
commutation of sentence, consent of the offender is not necessary. The public welfare not his
consent determines what shall be done.
3. By Good Conduct Time Allowance (RA 10592)
The conduct of any prisoner in any penal constitution shall entitle him to the following
deductions from the period of his sentence;
 First two years of imprisonment – twenty (20) days of allowed deduction for
each month of good behavior;
 Third of fifth year – twenty three (23) days allowed deduction of each of
good behavior;
 Sixth to the tenth year – twenty five (25) days allowed deduction for each
month of good behavior;
 Eleventh and success years – thirty (30) days allowed deduction for each
month of good behavior.
 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 mentoring service time rendered.
 Remember: An appeal by the accused shall not deprive him of entitlement to the
above allowances for good conduct.
Special Time Allowance (RA 10592)
 Special time allowance for loyalty. – A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who, having evaded his preventive
imprisonment or the service of his sentence under the circumstances mentioned
in Article 158 of this Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the passing away of the
calamity or catastrophe referred to in said article.
 A deduction of two-fifths of the period of his sentence shall be granted in case

said prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe enumerated in Article 158 of this Code.
 “This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence.”
Authority to Grant 9 0
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 Director of the Bureau of Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the Warden of a provincial, district, municipal
or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked.”
Conditional Pardon - Conditional Pardon serves the purpose of releasing, through

executive clemency, a prisoner who is already reformed or rehabilitated but who cannot be
paroled because the parole law does not apply to him. Thus a prisoner serving a determinate
sentence or life imprisonment is excluded from the benefits of the parole law. However, when
this prisoner has already been reformed, he may be released on conditional pardon.
Nature of Conditional Pardon
Conditional Pardon is in the nature of a contract, so that it must first be accepted by

the recipient before it takes effect. The pardonee is under obligation to comply strictly with the
conditions imposed therein, otherwise, his non-compliance will result to the revocation of the
pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of his pardon, he will be
prosecuted criminally as a pardon violator. Upon convictions, the accused will be sentenced to
serve an imprisonment of prison correctional. However, if the penalty remitted by the granting
of such pardon be higher than six years, the pardonee will be made to serve the unexpired
portion of his original sentence. (Art. 159, RPC)
How Conditional Pardon is given
Conditional Pardon may be commenced by a petition filed by the prisoner, his family or
relative, or upon the recommendation of the prison authorities. The petition or request is
processed by the Board of Pardons and Parole. The Board shall determine if the prisoner has
served a sufficient portion of his sentence; his release is not inimical to the interest of the
community; and that there is a likelihood that the offender will not become a public charge and
will not recidivate in crime. If all these factors are favorable, then the Board will endorse the
petition favorably to the President. If the case is premature, the petitioner is so informed.
Some Guides in Pardon Selection
In determining the fitness of a prisoner for release on conditional pardon, the following
points shall be considered as guides-
1. The political, organizational or religious affiliation of the prisoner should be disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the community
from which he was sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic,
psychological and emotional backgrounds – should be carefully investigated.
Conditional Pardon Distinguished from Parole
The purpose of conditional pardon and parole is the same – the release of a prisoner
who is already reformed in order that he can continue to serve his sentence outside of the
institution, thus giving him the opportunity to gradually assume the responsibilities of a free
man. Both releases are subject to the same set of conditions will subject the parolee or
pardonee to be recommitted to prison. The only difference between the two is the granting
authority. In parole the granting authority is the Board of Pardons and Parole, while in
conditional pardon, the granting authority is the President.
Conditions of Pardon and Parole
In the Philippines, the pardonee is given the same set of rules or conditions as the
parolee. Among the conditions usually imposed on pardonees and parolees are the following:
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1. That he shall live in his parole residence and shall not change his residence during the
period of his parole without first obtaining the consent of the Board of Pardons and
Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get
the permission of the Board, although he may so inform his parole officer (Municipal
Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such
officer as may be designated by the Executive Officer of the Board of Pardons and
Parole during the first year once a month and, thereafter, once every two months or as
often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or
persons of disreputable or harmful character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer
designated by the Executive Officer of the Board to visit him at reasonable times at his
place of abode or elsewhere and shall truthfully answer any reasonable inquiries
concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department of
Justice in payment of the indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from
time to time make.
Abuse of the Pardon Power and It’s Safeguards
The power vested on the President by the Constitution to grant pardon is very broad
and exclusive. It is not subject to review by the courts. Neither does congress have the right to
establish conditions nor provide procedure for the exercise of pardon. Under these
circumstances, it is therefore possible that unscrupulous Chief Executive can abuse his power.
In fact, nearly every presidential election the alleged abuse of the pardoning power has come
up as campaign issue against the incumbent President. The truth of the charge has never been
investigated, but the fact that the alleged anomaly is aired publicly is an indication that the
power to grant pardon may be abused.
There are certain safeguards, however, against the abuse of the pardoning power. First
is the constitutional provision that the President may be impeached for a willful violation of the
Constitution. This is enough deterrent for the Chief Executive to abuse this power. Second, is
the policy of the Office of the Chief Executive, ever since the time of the American Governors
General, to approve pardon cases, which are favorably recommended by the Board of Pardons
and Parole. Although this policy does not wholly bind the President, seldom, if ever, has it been
disregarded.
Is Pardon Necessary in our Penal System?
Judges are human beings and are therefore apt to commit errors. It is possible for an
innocent to get convicted, as it is possible for a criminal to escape the hands of justice. An
innocent man may not be able to present evidence to prove his innocence, or may not have the
money to hire a good counsel. Many of our penal laws are outmoded and are no longer kept
abreast with current trends of criminal justice administration. Judges are limited by laws to the
use of discretion they may exercise in any given case. Under any of the above circumstances,
an injustice may result, which can only be remedied by the exercise of pardon.
Ideally, all releases should be by parole. Society can only be sufficiently protected
against the ex-prisoner if the latter is released through parole or conditional pardon.
Unfortunately, not all sentences are indeterminate so that some prisoners are deprived of the
privilege of parole. Therefore, pardon is necessary for the prisoners who do not fall under the
parole law.
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OTHER FORMS OF EXECUTIVE CLEMENCY 0
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communal prayers, spiritual counseling, catechism, and others. Religious organizations and
their respective ministers/pastors and leaders are accredited by BJMP to facilitate their regular
contact with PDL for the provision of religious services.
h. Cultural and Sports Program
The cultural program aims to promote camaraderie among PDL, encourage the development of
self-confidence and sharing of cultural talents as form of positive entertainment. Cultural
activities allowed in jails include dance, singing, theatre/drama, and art workshops. Also,
through this program, PDL experience some sense of social normalcy through the communal
celebrations of socio-cultural events like birthdays, Valentine’s Day, Mothers’ and Fathers’ Day,
Christmas, Lent and Easter, Ramadan, local festivals and other similar activities.
i. Paralegal Program
The main objective of the Paralegal Program is to address the overcrowding in jail facilities.
Through the paralegal program, PDL are assisted in availing of the different early modes of
release. Regional and jail paralegal officers conduct continuous informative
seminars/orientations to PDL on their rights, modes of early release, and other paralegal/legal
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remedies which can be availed of by them. Other paralegal services include paralegal
counseling and case follow-up in the courts by the jail paralegal officers.
j. E-Dalaw
The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and
respective families. This service enables the PDL to connect with his/her family through a
supervised video call and chat. The program is conceptualized specifically to cater to PDL whose
family members cannot go to the jail for actual visit because of the long distance to the jail
from the residence or workplace of the family members. However, in case of jail lockdown by
reason of public health emergency where visitation is suspended, all PDL are allowed to use the
e-dalaw to communicate with their families on equitable rotation basis.
C. Support Services
a. Human Rights Desks
Every jail facility operates a 24-hour Human Rights Desk handled by a designated Human
Rights Affairs Officer. The main function of the Human Rights Desk is to receive complaints
concerning human rights violations from PDL and visitors and to report the complaints thru the
appropriate reporting system to the concerned BJMP offices and to the Commission on Human
Rights for investigation and appropriate action.
b. Help Desk
In line with the government’s policy of providing timely and speedy access to government
services, each jail facility has established its own Help Desk managed by a designated Held
Desk Officer. The Help Desk functions as a referral unit where PDL and visitors can lodge their
request for assistance concerning personal or family needs. These requests are evaluated by
the Help Desk Officer and all requests for assistance that cannot be addressed by the jail are
referred to the concerned government agencies for appropriate action.
c. Refferals for Aftercare
Although BJMP recognizes the importance of aftercare program for PDL to be released for them
to start a new, it is limited only to providing welfare and developmental programs to PDL while
they are in custody. Nevertheless, to ensure continuity of care of PDL upon release, the jail unit
Welfare and Development Officer facilitate referrals to different community resources. These
referrals addressed to the local government units, non-government organizations and the
business sector usually include but not limited to seeking immediate financial assistance for
PDL’s repatriation, employment/livelihood assistance, educational/vocational training
scholarships, medical and psychological interventions.
D. Special Program for Vulnerable Groups
a. Services for Pregnant PDL
Pregnant PDL, by reason of their medical condition, are given special attention by the jail
nurses to ensure compliance to pre-natal and post-natal care, timely provision of other
pregnancy-related needs, and assistance for the care of the newborn until the latter is endorsed
to the immediate family or accredited child-caring agency.
b. Services for Senior Citizen PDL and PDL with Disabilities

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In addition to implementing measures to protect the senior citizen PDL and PDL with disabilities
from discrimination and establishing functional priority lanes for them, the primary policy is to
link them to the local Office of Senior Citizen Affairs Office (OSCA) and Person with Disability
Affairs Office (PDAO) for the acquisition of their respective Identification Cards. The respective
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identification cards issued by the local government unit are the PDL’s access key to the different
services for senior citizens and persons with disabilities mandated by the Senior Citizen’s Act
and Magna Carta for Persons with Disabilities.
c. Services for PDL with other Special Needs
PDL who are members of the LGBT community maybe segregated from the general population
in terms of housing to prevent potential mistreatments towards them by reason of their gender
expression and other vulnerabilities. Nevertheless, they receive the same programs and services
provided to the general population and they are encouraged to participate fully in the socio-
cultural activities of the jail.
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d. Mental Health Services
In general, preventive mental health aimed at reducing incidence of mental health disorders
and developing positive coping mechanisms are provided to all PDL. Preventive mental health
interventions include informative seminars on stress management, psycho-educational
counseling and other supportive psychological group activities. Likewise, psycho-social support
services or stress debriefing to address trauma are facilitated for PDL after the occurrence of
untoward jail incidents or in the aftermath of devastating calamities directly affecting the PDL.
e. Drug Counseling for PDL with Substance use Disorder
PDL with substance use disorder or have history of illegal drug use and who were granted plea
bargaining under A.M. No. 18-03-16 SC, are provided with drug counseling using the Katatagan
Kontra Droga sa Komunidad (KKDK) approach. The KKDK is a psycho-educational drug
counseling program developed consisting of twenty-four (24) modules: eighteen (18) modules
to be completed by the PDL in a small group setting with fellow PDL and six (6) family modules
to be participated by the PDL’s family. The drug counseling runs for maximum duration of four
(4) months.
2. BUCOR Reformation Programs
A. Work and Livelihood
The Bureau offers a variety of inmate work programs, from agricultural to industrial. The
purpose of the inmate work program is to keep the inmates busy, and to provide them money
for their personal expenses and their families as well as help them acquire livelihood skills, in
order that they may become productive citizens once they are released and assimilated back
into the mainstream of society.
Different prison and penal farms provide institutional work programs for inmates. At the
Davao Penal Colony, inmates work on the banana plantations of Tagum Development Company
(TADECO) which has a joint venture agreement with the Bureau. Similarly, the vast tracts of
land at the Iwahig Penal Colony are developed and tilled by inmates to produce various
agricultural products, thereby generating income for the Bureau. The Sablayan Prison and Penal
farm also provides agriculture and aquaculture programs for inmates.
Along this end, the Bureau under the present Director has encouraged agricultural and
industrial production by providing farming implements, tractors, fertilizers and other inputs in
order to sustain this area of rehabilitation for inmates.
B. Healthcare Services
Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s
medical history is recorded and properly documented by the Medical Specialist. Medical
information and mental status examinations are given to ascertain his overall physical / mental
fitness and whether he would be fit for work. This forms part of the diagnostic process which
will eventually determine the most appropriate rehabilitation program for the inmate.
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The principal medical care of inmates is provided through a 500-bed capacity hospital at
the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six (6) other prison
and penal farms. All correctional facilities have a full and competent staff of medical
practitioners in charge of clinics, infirmaries and hospitals. These centers are capable of minor
surgical operations, laboratory examinations, radiology, psychiatric, rehabilitation and dental
treatment.
Other government and private hospitals are also tapped in the implementation of standards
pertaining to nutrition and protective health services for the prison community. Medical services
also include a wide range of counseling techniques and therapy programs which address the
psychological problems of inmates, including suicidal thoughts and feelings of rejection which
may lead to disruption of peace and order within the prison compounds. When an inmate’s
ailment is beyond the competence of the in-house medical doctors, the inmate is referred to a
government hospital in accordance with prison rules and under proper security escorts.
C. Education and Skills Training
Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records
show that many prisoners are poorly educated. A majority are elementary school drop outs or
have not even finished primary school. Prison education amounts to remedial schooling
designed to prepare inmates to obtain basic skills in reading, writing and mathematics.
In most correctional facilities, vocational programs are incorporated into job assignments and
serve as on-the-job training. The goal is to provide inmates with skills that will improve their
eligibility for jobs upon release. Most prison vocational training is geared toward traditional
blue-collar employment in areas such as electronics, auto mechanics and handicrafts. At the
Reception and Diagnostic Center, a basic computer literacy course with typing as a support
course is available for inmates who have finished at least high school level.
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Vocational training and social education focus on job readiness. The concern in these areas is
life skills. If inmates are to reenter society and abstain from criminal activity, they must be
employable and have the basic tools necessary to function as responsible citizens.
The National Penitentiary has a college degree program and a tertiary degree
correspondence course, in addition to the regular secondary and compulsory basic literacy
classes. Prisoners are strongly encouraged by the BuCor authorities to enroll while serving their
sentence and to advance their academic skills.
D. Sports and Recreation
The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and
outdoor sports activities, programs, tournaments and leagues all year round, to include
basketball, volleyball, billiards, table tennis and chess. These sports competitions promote
camaraderie among inmates, good sportsmanship and team-building. The latest addition is the
newly constructed indoor sports center/gymnasium at the Maximum-Security Compound which
boasts of competition-standard flooring, sound system, locker rooms and bleachers.
All prison and penal farms have adequate recreational facilities for inmates, both for
outdoor and indoor sports. Mini-bodybuilding gyms are available in most prison facilities,
including the Muntinlupa Juvenile Training Center and the Therapeutic Community Center for
inmates with drug cases.
For music lovers and musically-inclined inmates, numerous "videoke" centers are available.
Musical instruments are available for practice or for use in variety shows..
E. Moral and Spiritual Program
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Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith,
with orderly conduct supervised by prison authorities. A religious guidance adviser or chaplain is
assigned in every prison and penal farm. The prison chaplain sets the stage for every regular
spiritual activity. He is an officer of the institution who oversees the operation of the prison
chapel. He is not only the spiritual leader but also a counselor and adviser. Prisoners may be
baptized or given other sacraments. Religious Volunteer Officers, or RVOs belonging to different
church groups provide weekly religious activities ranging from bible studies, devotions, prayer
meetings or praise and worship. With a predominantly Roman Catholic prison population, a
Catholic Mass is a regular feature in spiritual activities of the prison communities. Restrictions,
however, are imposed if, in the course of religious activities, security is compromised or a
program is too expensive.
F. Therapeutic Community
The Therapeutic Community (TC) Program represents an effective, highly structured

environment with defined boundaries, both moral and ethical. The primary goal is to foster
personal growth. This is accomplished by re-shaping an individual’s behavior and attitudes
through the inmates? community working together to help themselves and each other,
restoring self-confidence, and preparing them for their re-integration into their families and
friends as productive members of the community.
Patterned after Daytop TC, New York which is the base of the Therapeutic Community
movement in the world, the BuCor TC program was adopted as part of the Bureau's holistic
approach towards inmate rehabilitation. It is implemented primarily but not limited to drug
dependents.
The TC approach has been continuously proven worldwide as an effective treatment and
rehabilitation modality among drug dependents, and have been noted to be effective in many
prisons. By immersing a drug offender in the TC environment, he learns why he had developed
his destructive habits, which led him to substance abuse. The program modifies negative
behavior and or attitudes while restoring self confidence, and prepares inmates for their re-
integration into their families and friends as productive members of the community. This
behavioral modification program gradually re-shapes or re-structures the inmate within a
family-like environment, wherein every member acts as his brother’s keeper.
As TC family members go on with their daily activities, a strong sense of responsibility and
concern for each other’s welfare are developed. They are constantly being monitored for their
progress and are regularly being evaluated by the TC-trained staff. The TC process allows for
genuine introspection, cultivation of self-worth and positive rationalization that move the
individual towards assuming a greater sense of personal and moral responsibility.
The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care
using the TC approach is in line with its commitment to create a Drug-Free Prison. Worldwide
developments in the treatment and rehabilitation of drug offenders using this therapeutic
community approach have been noted to be effective in many prisons.
9 CHAPTER
0 6
Introduction to Human Rights
1. What are human rights?
 Human rights, according to the Stanford Encyclopedia of Philosophy, refers to
norms that aim to protect people from political, legal, and social abuses.
 The United Nations (UN) defines human rights as universal and inalienable,
interdependent and indivisible, and equal and non-discriminatory.
 Human rights are:
2
 Universal and inalienable. Human rights belong to all and cannot be taken away
unless specific situations call for it. However, the deprivation of a person's right is
subject to due process
 Interdependent and indivisible. Whatever happens to even one right – fulfillment
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or violation – can directly affect the others
 Equal and non-discriminatory. Human rights protect all people regardless of race,
nationality, gender, religion, and political leaning, among others. They should be
respected without prejudice.
 Human rights can also be classified under individual, collective, civil, political,
economic and social, and cultural.
2. What laws or legal documents ensure the human rights of Filipino citizens?
 The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution.
Also called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s
rights and privileges that the Constitution has to protect, no matter what.
 Aside from various local laws, human rights in the Philippines are also guided by the
UN's International Bill of Human Rights – a consolidation of 3 legal documents
including the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR).
As one of the signatories of these legal documents, the Philippines is obliged to
recognize and apply appropriate laws to ensure each right’s fulfillment.
3. Who oversees the fulfillment and protection of human rights in the Philippines?
Human rights are both rights and obligations, according to the UN. The state – or

the government – is obliged to “respect, protect, and fulfill” these rights.
 Respect begets commitment from state that no law should be made to interfere or
curtail the fulfillment of the stated human rights. Protecting means that human
rights violations should be prevented and if they exist, immediate action should be
made.
 In the Philippines, the Commission on Human Rights (CHR) primarily handles
the investigations of human rights violations. However, it has no power to resolve
issues as stated in the Supreme Court decision in 1991.
 Established in 1986 during the administration of President Corazon Aquino, CHR is
an independent body which ensures the protection of human rights guaranteed by
the Bill of Rights.
 Aside from investigations, it also provides assistance and legal measures for the
protection of human rights guided by Section 18 Article XIII of the Philippine
Constitution.
4. Do criminals or those who break the law still enjoy human rights?
 Criminals or those in conflict with the law are still protected by rights as indicated in
many legal documents such as the Philippines’ Criminal Code and UN’s Standard
Minimum Rules for the Treatment of Prisoners.
Laws in Human Rights
A. 1987 PHILIPPINE CONSTITUTION Article III. Bill of Rights
Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
2
9 0
Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of

the press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.
Section 5. No law shall be made9respecting

0 an establishment of religion, or prohibiting
the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to official
acts, transactions, or decisions, as well as to government research data used as basis
for policy development, shall be afforded the citizen, subject to such limitations as may
be provided by law.
Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.
Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
3
9 0
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary, incommunicado,
or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof

shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.
Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.
Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.
9 0
Section 17. No person shall be compelled to be a witness against himself.
Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.
3
9 0
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
B. Universal Declaration of Human Rights

Article 1. All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit of
brotherhood.
Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status
of the country or territory to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.
Article 3. Everyone has the right to life, liberty and security of person.
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall
be prohibited in all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the constitution or by
law.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and obligations and
of any criminal charge against him.
Article 11. (1) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence. (2) No one shall be held guilty of any penal
offence on account of any act or omission which did not constitute a penal offence,
under national or international law,
9 at0the time when it was committed. Nor shall a
heavier penalty be imposed than the one that was applicable at the time the penal
offence was committed.

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CA3: THERAPEUTIC MODALITIES

Corrections in Philippine Setting

1. Institution-Based Corrections (Institutional Corrections); and

The three executive departments of the government. (Implementation)

1. DOJ - manages the national prisoners

A. Bureau of Corrections (BUCOR) - with a principal task of the rehabilitation of prisoners so

PHILIPPINE PRISON SYSTEM

1. Bureau of Corrections - under the administration of Department of Justice

National Prison/Insular Prison

2. Reception and Diagnostic Center (RDC)

Standard on Treatment and Rehabilitation of Prisoners/Inmate/PDL

Preventive Discipline – is the prompt correction of minor deviations committed by prisoners

Aims of Institutional Security and Control

Essential Requisites for Sound Custody, Security and Control

Custody – is the guarding or penal safekeeping, it involves security measures to ensure

Authorized Disciplinary Penalties:

 No female inmate is subjected to any disciplinary punishment which might affect

Procedure in Hearing Disciplinary Cases

Punishable Acts inside the Jail:

 selling or bartering with fellow inmates items not classified as contraband.

Less Grave Offense:

 Failure to report for work detail without sufficient justification.

 Making untruthful statement or lies in official communication, transaction, or

Punishable Acts inside Jail:

 Willful disobedience to lawful orders issued by an officer or member of the

Plan for Escapes or Jailbreaks

The following are the basic guidelines in dealing with jailbreaks:

Commitment and Classification of Prisoners and Detainees

A person can be committed to jail only upon the issuance of an appropriate

Commitment - means entrusting for the confinement of an inmate to a jail by a

Classification - refers to assigning or to grouping of inmates according to their

Categories of inmates -The two (2) general categories of inmates are:

Classification of prisoners - The four (4) main classes of prisoners are:

Classification of detainees - The three (3) classes of detainees are those:

Inmates Security Classification-The following are the classifications of inmates

The Classification Movement

Classification and Diversification

The Classification Process

Objectives of Classification Process

The Three Phases of Classification

Admission Procedure in Prison

 Identification – proper identification of prisoner is done through his picture and

 Searching – this involves frisking and searching hidden dangerous things or

 Orientation – this is the reading of rules and regulations of the prisons.

Classification of Inmates as to Entitlement of Privileges

 As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing

 To wear civilian clothes on such special occasions as may be designated by the

Privilege of an Inmate in Visiting Relatives Who Died

The authorities who approve the release of an inmate are:

a. The Directors of the Bureau of Corrections upon the expiration of the

a place of confinement for those

The word Prison derived or

Creation of Provincial Jail (Administered and Management by Provincial

The Provincial Jail 9 0

 a prisoner is a person who is under the custody of lawful authority.

General Classification of Prisoners

 Prisoners who are on safekeeping

Classification of Sentenced Prisoner (P.D. 29)