Therapeutic Modalities Reviewer
On
Therapeutic Modalities Reviewer
Syllabi/Table of Specifications
The registered criminologist can perform the competencies under the following sub-topics:
1. Explain, apply, and critique the rehabilitation and reformation programs of the BJMP, Provincial Jails, BUCOR, and other similar facilities.
2. Explain, apply, and critique the re-integration programs of the PDLs of BJMP, Provincial Jails, BUCOR, and other similar facilities to the community, and the relevant community policies and laws on former PDLs.
3. Critique and design rehabilitation programs, reintegration programs, and promotion of human rights programs among the PDLs across all institutions.
Corrections in the 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 jails nationwide.
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 the 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 the Philippines with the confirmation of the Commission on Appointment.
National Prison/Insular Prison
1. Bureau of Prisons/Corrections-Muntinlupa City
A. NBP - Maximum Security Prison
B. Camp Sampaguita - Medium Security Prison
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.
Standard on Treatment and Rehabilitation of Prisoners/Inmate/PDL
A. Safety and Orderly
Security – it involves safety measures to maintain 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 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 the 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. 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 equipment
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 the security of the institution.
Disciplinary Board
The board is tasked to implement discipline inside the jails just in case there are violations of existing rules and policies.
Composition:
- Chairman - assistant warden
- Members - chief security officer, medical/ public health officer, social worker/rehabilitation officer.
Functions 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 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 reports 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 exists sufficient evidence, he shall decide the case and impose the necessary penalty in case of a minor violation. If the case is less grave or grave, he shall endorse it to the board for a hearing or decide it himself as a summary disciplinary officer if there is no disciplinary board.
The inmate shall be confronted with the reported violation and asked how he pleads to the charge. If he admits 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 witnesses, if any, and to present other evidence to prove his innocence.
- 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 rules and regulations strictly and reminded that good behavior is indispensable for his early release and or the granting of privileges.
- The 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 of 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 details without sufficient justification.
- Failure to render assistance to injured personnel or inmates.
- Failure to assist in the putting out of fire inside the jail.
- Acting boisterously during religious, social, and other group functions.
- Swearing, cursing, or using profane language directed personally toward other people.
- Malingering or reporting as sick to escape work assignment.
- Spreading rumors or maliciously intriguing against the 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 inmates to render services to themselves and/ or others
- Exchanging uniform or wearing clothes other than those issued to him for the purpose 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, or place of work during headcount or at any time without justifiable reason; and
- Failing to turn over any implements/articles issued after the details.
- Committing any act prejudicial to or which is necessary to good order and discipline
Grave Offense:
- Making untruthful statements or lies in official communication, transactions, or investigation.
- Keeping or concealing keys or locks of places in the jail where it is off limits to the offender
- Giving gifts, selling to, or bartering with jail personnel
- Keeping in his possession money, jewelry, or other contraband which the rules prohibit.
- Tattooing others, 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 embedding 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 therein and/or agitating to cause such disturbance or riot; and
- Indecent, immoral or lascivious acts which by himself or others 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 proceedings of a mock court by the 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 the law.
Plan for Escapes or Jailbreaks
The following are the basic guidelines for 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; and take their accounting at the time of the emergency.
- A simultaneous institution-wide count shall be made to determine the number 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, and hangouts.
- In case of mass jailbreaks, all the members of the custodial force shall issue firearms and resign to critical posts 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.
- 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 - an inmate who is convicted by final judgment; and
b. Detainee - an 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 the 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 are considered highly dangerous and who require a greater degree of security, control, and supervision because of their deemed capability of 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 training 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 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 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.
PDLs Admission Process and Procedures in the BJMP, Provincial Jails & BUCOR
The Classification Movement
The reorganization of the federal prison system in 1930, started the movement for modern correctional reforms. The most recent developments in the individualization of treatment and training of prisoners. The state correctional system adopted California’s system of diversification by institution and diversification within the institution in the year 1944. Today, no prison system is effective without these 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 the preparation of his treatment and training program in prison.
Classification and Diversification The Difference
Classification - Is the placing of prisoners into types or categories for the implementation of the best treatment programs. It is a method by which diagnostic treatment planning and execution of treatment programs are coordinated in individual cases.
Diversification - Is an administrative device of correctional institutions of provides varied and flexible types of physical plants for more effective control of the treatment programs of its diversified population. It is the separation of different types of inmates for sound execution of their treatment and custody.
The Classification Process
The rehabilitation program of the prisoner is carried through a 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 programs are coordinated in the individual care.
Objectives of the Classification Process
The objectives of classification are the development of integrated and realistic programs for the prisoner arrived at through the coordination of diagnosis, planning, and treatment activities and an informed continuity of these activities from arrival to release of the prisoner.
The Three Phases of Classification1.
1. Diagnosis- this is done inside the reception center in which the inmates will undergo a series of tests, e.g. physical, mental, and medical examinations in other to determine the inmate's condition.
2. Treatment Planning- this will take place in the reception center, which is a special unit for 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 were transferred to 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 includes the checking of papers and other documents of a prisoner by the prison administrator, such as travel documents or commitment orders issued by a judge.
- Identification – proper identification of a 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 the rules and regulations of the prisons.
- Assignment – the prisoner is sent to a 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 the 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.
- Colonist.
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.
- Inmates 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 confinement 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 Organizations and their religious sector is made possible to the offenders prior to release from prison to assist in their reintegration into 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 a 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 released prisoner is supplied by the bureau with transportation fare to his home plus a gratuity of fifty pesos (P50.00) to cover the cost of subsistence en route, and a suit of decent clothes.
The Difference between Prison and Jail
1. A Prison is a penitentiary, an institution for the imprisonment of persons convicted of major/serious crimes whereas a Jail is a place of confinement for those who are awaiting trial or are serving short sentences.
2. A Prison is a place of confinement for those who are serving more than 3 years of imprisonment whereas a Jail is primarily an adult penal institution used for the detention of law violators, which is administered by a province, city, and municipality.
3. A Prison is a confinement facility having custodial authority over an individual sentenced by a court to imprisonment, which is administered by a national government whereas a Jail is primarily an adult penal institution used for the detention of law violators, which is administered by a province, city, and municipality.
4. The word Prison derived or originated from the Greco-Roman “Presidio” whereas The word Jail derived or originated from the Spanish word “Caula or Jaula”, meaning cage.
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
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 Wardenwhich is appointed by the Provincial Governor, as well as provincial jail guards with conformitywith 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 aredependent upon the Provincial Warden and the provincial government. Most of the ProvincialJails 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 houseprisoners 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 beinghandled by 203 jails guards and personnel. The seventy-six (76) Provincial Jails have confined9,865 (as of 1993) offenders and still growing. These offenders are being provided with 2,439provincial 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
1. Detention Prisoners detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under the jurisdiction of courts.
2. Sentenced Prisonersoffenders 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.
3. Prisoners who are on safekeeping include non-criminal offenders who are detained in order to protect the community against their harmful behavior.
Classification of Sentenced Prisoner (P.D. 29)
1. Insular or National Prisoners - sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
2. Provincial Prisoners - sentenced to suffer term imprisonment from 6 months and 1 day to 3 years or a fine not more than 1, 000.00 pesos or both.
3. 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.
4. 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:
1. Undergoing investigation;
2. Awaiting or undergoing trial; and
3. awaiting final judgment.
Guidelines in Reception and Admission Procedures in Jails
Step 1. Checking of Credentials by the Desk Officer:
Carefully Examine 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 issuing receipt;
- Turn over all cash and valuables of the inmate to the Property Custodian for safekeeping 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.
- Inmates found with contagious diseases 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 into jail.
Step 4. Taking fingerprints and photographs, accomplishing a jail booking, and completing 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:
- Commitment Order / Mittimus
- Complaint;
- Information;
- Pending Warrant;
- Subpoena;
- Decision/Judgment;
Step 5. Orientation of inmates 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, 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
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 isa 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 society. Probation is compared to an out-patient. The out-patient does not need to be confined in a hospital because his sickness is not serious. However, the patient must remain under the 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 where 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 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 not required. The person who is placed on probation is not a free man because he is required to live within a 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 LawObservance 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 the 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 thedegrading, embittering and disabling experience of imprisonment that might only confirm themin 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 at the beginning of the imprisonment… Probation is the attempted saving of a man who has taken one wrong step and whom the judge thinks 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 were considered as court functions. Later, probation service was provided to serve all courts within a City or County such courts as juvenile, domestic, 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 that 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 has the capacity and desire to round out his knowledge, as effective performance is dependent on 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, or 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 void 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 convict has served its sentence its criminal liability is extinguished but does not include the civil liability.
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 may be 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 revokedby 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 thelaw 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 criminal liability but not the right of the offended party to enforce the civil liability against the offender.
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 in 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, whileamnesty 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 beforetrial 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, Sec. 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 executive act changes a heavier sentence to a less serious one or a longer term to a shorter term.
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 ofthe 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 institution 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 to 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 successive 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 (RPC), 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 (RPC).
- “This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.”
Authority to Grant
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 freeman. 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:
1. That he shall live in his parole residence and shall not change his residence during theperiod of his parole without first obtaining the consent of the Board of Pardons andParole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not getthe permission of the Board, although he may so inform his parole officer (MunicipalJudge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to suchofficer as may be designated by the Executive Officer of the Board of Pardons andParole during the first year once a month and, thereafter, once every two months or a soften 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 comeup 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.
Other forms of Executive clemency
Amnesty is a general pardon extended to groups of persons and is generally exercised by executive clemency with the concurrence of Congress. Usually, the recipients of amnesty are political offenders, although there are some exceptions. For example, President Truman issued two proclamation granting amnesty to unnamed persons, one at the end of World War II in 1945 and another at the end of the Korean Conflict in 1952. In these cases, the persons have been convicted of crimes against the United States but were pardoned by terms of proclamation for having served in the armed forces for at least a year during the conflicts. Those who did so received pardons without having to apply for them.
The Supreme Court, in the case of People vs. Santos, et al., 47 O.G. 6168, stated that the “purpose of amnesty is to bring about the return of dissidents and recalcitrant elements of our population to their homes and the resumption by them of their lawful pursuits, or occupations, as loyal and law-abiding citizens, to accelerate the rehabilitation of the war-devastated country, restore peace and order, and secure the welfare and happiness of the communities.
Amnesty looks backward and abolishes and puts into oblivion the offense itself. It so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law as though he had committed no offense.
Amnesty is extended to convict as well as persons who have not yet been tried by the court. Some of the proclamations of amnesty are as follows:
1. Proclamation No.51 – This proclamation was issued by the late President Manuel Roxas on January 28, 1948, granting amnesty to those who collaborated with the enemy during World War II.
2. Proclamation No.76 – This was issued by President Elpidio Quirino on June 21, 1948, extending amnesty to leaders of the Hukbalahap and Pambansang Kaisahan ng mga Magbubukid (PKM). The amnesty applied to crimes of rebellion, sedition, illegal association, assault, resistance and disobedience to persons in authority and illegal possession of firearm.
3. Proclamation No.51 – was issued in order to attain the following objectives: To pardon those commited crimes against the security of the State who have changed their hostile attitude towards the government and have voluntarily surrendered with their arms and ammunitions. To get the dissidents back into the fold of law-abiding citizens. To gather the loose firearms.
Commutation is an act of clemency by which an executive act changes a heavier sentence to a less serious one or a long term to a shorter term. It may alter death or life sentence to a term of years. Commutation does not forgive the offender but merely reduces the penalty of life sentence for a term of years.
Purposes of Commutation
Some of the common uses of commutations are the following:
1. To break the rigidity of the law - Some penal laws are rigid and unusually cruel. For example, a law making qualified theft, the stealing of young coconuts from trees, or fish from the fishpond, or sugar cane from the sugar cane field. Qualified theft imposes an unusually heavy penalty on the culprit, which is greatly misappropriated to the value of article stolen. Even if the judge would want to impose a light penalty, he could not do so because his hands are tied by the provision of the law. The sentence in this case may be reduced by commutations of sentence.
2. To extend parole in cases where the parole law does not apply - Commutation enables the recipient to be released on parole when his sentence does not allow him parole, like,for example, when the sentence is determinate or life sentence, or when the prisoner is serving two or more sentences. The sentence may be changed to an indeterminate sentence by commutation to enable the recipient to receive parole after serving the minimum of the sentence.
3. To save the life of a person sentenced to death - This is one of the most common uses of commutation of sentence. In the Philippines, 95% of death penalty cases are commuted to life imprisonment.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court, the condemned man or the head of the prison system (Director of Prisons) may file a petition for commutation. The prisoner is subjected to a social, psychological and psychiatric examination by the Staff of the Reception Center. The inquiry will include the sociological history of the prisoner, his criminal history, mental psychological capacities, work history, etc., the purpose of which is to determine the degree of involvement in crime the prisoner is in, and to determine if he deserves to be given a new lease in life. The petition is then forwarded to the Board of Pardons and Parole, together with the reports of examinations of the reception and Diagnostic Center and the recommendation of the Director of Prison on the petition.
The Board of Pardons and Parole processes the petition and will deliberate on a recommendation after a careful study of the papers, including the reports of the Reception and Diagnostic Center. It will then forward the petition, including its recommendation to the President. The President will then act on the petition. In giving or denying commutation, the President may not follow the recommendation of the Board of Pardons and Parole.
Reprieve is a temporary stay of the execution of the sentence. Like pardon, the President can only exercise reprieve when the sentence has become final. Generally, reprieve is extended to death penalty prisoners. The date of the execution of sentence is set back several days to enable the Chief Executive to study the petition of the condemned man for commutation of sentence or pardon.
Conditional release is the statutory shortening of the maximum sentence the prisoners serves because of good behavior while in prison. This is called “good conduct-time “and is given by the law as motivation for good behavior while serving sentence in prison. Article 97, Revised Penal Code, provides good conduct time allowance to all sentences under the following schedules:
“Good Conduct time allowance is automatically applied to reduce the sentence but maybe taken away from the prisoner if he fails to obey the rules and regulations of the prison. However, good conduct time allowance may be remitted as a reward for exceptional services the prisoner may render to the prison administration, or after the lapse of some time when the prisoner has sufficiently demonstrated that he has reformed.
“If the prisoner does not forfeit his statutory good conduct time allowance through misbehavior, he is released at time earned. He is released under supervision as if on parole and subjected to all parole condition which, if violated, will result in the issuance of a warrant,revocation of his release, and the requirement that he return to prison to serve the maximum term.”
This form of conditional release is used in Federal, Kentucky, Kansas, North Carolina and Wisconsin correctional institutions. The release of the prisoner is mandatory when the accumulated time deducted from the sentence for good behavior and work credits makes it mandatory to release the prisoner. The Board of Parole does not participate in the selection process. This form of release does, however, enable the parole staff to provide supervision for a period of time by which his release has been advanced for good behavior as though the offender was on parole. The released prisoners are subject to the regulation and control of parole.
In the Philippines, the prisoner who is released from prison after serving his sentence less the good conduct time allowance is released without any condition and is considered to have served his sentence in full.
Act No. 2489, otherwise known as the Industrial Good Time Law, provides that when a prisoner has been classified as trusty or penal colonists, he is given an additional 5 days time allowance for every month of service. A prisoner serving a life sentence has his sentence automatically reduced to 30 years of imprisonment upon attaining the classification of trusty or penal colonists.
Treatment Programs and Rehabilitation of the Different Confinement Facilities
1. BJMP Programs
A. Major Programs
There are four (4) major programs under the mandate of BJMP and they are the following:
1. Inmates’ custody, security and control program.
2. Inmates’ welfare and development program.
3. Decongestion program.
4. Good governance
B. Core Programs
a. Provisions of Basic Needs
All PDL under custody are provided with three (3) meals (breakfast, lunch and supper). Adequate supply of potable water is made available to them at all times. Likewise, upon admission, each PDL is issued his or her PDL uniform consisting of the yellow shirt and brown jogging pants. Hygiene kits are also distributed to the PDL on monthly or quarterly basis. Occasionally, the provision of basic needs for the PDL is supplemented by the food and non-food donations from local government units, non-government organizations, business sector and private individuals.
b. Health Services
Health services for PDL consist of interventions towards the prevention, promotion, treatment of illnesses and rehabilitation. All PDL undergo medical assessment upon admission. During confinement, PDL are provided with health education and counseling, medical consultations,regular health monitoring, and provided medicines subject to availability. To maintain the physical health of PDL, they are allowed daily sunning and physical exercises.
c. Educational Program
The educational program aims to provide opportunities for PDL to achieve mandatory education. For this reason, BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the PDL to earn their elementary and high school diplomas. Teachers in the jail-based ALS are BJMP Personnel who are professional teachers and trained on the Instructional Method for ALS. In jails where there are no personnel trained to handle ALS classes, the ALS teachers would be coming from the Department of Education. All PDL enrolled in the ALS earn their respective Time Allowance for Teaching, Studying and Mentoring (TASTM) pursuant to RA 10592.
d. Skills Training/Enhancement Program
The objective of the skills training program is to equip the PDL with technical/vocational skills which they can use in seeking employment or starting their own business after release from confinement. To make the PDL as competitive as other potential job seekers, the skills trainings preferred are those accredited by the Technical Education and Skills Development Authority (TESDA) so that the PDL will be able to earn National Certifications. Thus, only the PDL who meet the eligibility requirements of the specific skills training program being offered can participate.
e. Livelihood Program
The livelihood program presents income-generating activities to PDL during their confinement where they are able to earn for their personal upkeep and for financial support to their families. The capital for the livelihood project are either from BJMP for BJMP-funded projects or from the common fund of a group of PDL for non-BJMP funded projects. Examples of continuing and most popular livelihood projects of PDL are bags and purses, bonsai made of beads, pastries, rugs, paper crafts, and wood crafts. To help the PDL earn from these livelihood projects, the jail unit Welfare and Development Officer (UWDO) facilitates the sale of the products in display centers or livelihood caravans organized by the local government units and other service providers. In addition, online or e-marketing of PDL products is also run by the jail unit Welfare and Development Office.
f. Behavioral Management/Modification Program
BJMP implements the Therapeutic Community Modality Program (TCMP) to manage and modify behaviors of PDL with the goal of positively changing their thinking and behavior through structured group processes. The program endeavors to teach and model positive thinking, pro-social values, good decision-making, and positive coping. Through the program, PDL are trained on socially acceptable ways of behaving and relating with their fellow PDL and with personnel and visitors thereby fostering a therapeutic jail environment and maintaining a peaceful communal atmosphere.
g. Interfaith Program
PDL are provided with the opportunity to practice their faith while under custody without discrimination, subject only to usual safety and security measures. The BJMP chaplains and imams provide different religious services such as but not limited to mass celebrations, 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 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 byt he 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. Referrals 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 forPDL’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
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 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.
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 Penalfarm also provide 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.
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, psychiatry, 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 that 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 dropouts 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.
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, including 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
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 to 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 a 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 the 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 reintegration 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 has 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 reintegration into their families and friends as productive members of the community. This behavioral modification program gradually reshapes 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 are 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.
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:
a. 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.
b. Interdependent and indivisible. Whatever happens to even one right – fulfillment or violation – can directly affect the others.
c. 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.
d. Human rights can also be classified under individual, collective, civil, political, economic 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 that 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 the 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 taken. - 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 that 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 the UN’s Standard Minimum Rules for the Treatment of Prisoners.
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Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.