CA 1 MIDTERM REVIEWER - 2nd Year 1st Sem
CA 1 MIDTERM REVIEWER - 2nd Year 1st Sem
CA 1 MIDTERM REVIEWER - 2nd Year 1st Sem
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CORRECTION www.reallygreatsite.com
CORRECTION
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1️⃣ first definition
it is the INSTITUTION that provides stands as the Fourth Pillar of The
community’s official reaction to a Criminal Justice System where some
convicted offender, people viewed it as the WEAKEST
branch of the administration of criminal PILLAR
justice,
charged with the responsibility for Note :
custody, Reason why it is the weakest pillar :
SUPERVISION and This is due to an assumption that
REHABILITATION of the convicted
correctional institutions cannot
offender.
rehabilitate offenders, which is
2️⃣ second definition
it is a STUDY OF METHODS that manifested through the increase of
have been and are employed for the criminalities and recidivism.
PUNISHMENT and DETERRENCE of
such behavior and a study of efforts to But the fact nobody wants or loves to
accompany the punishment with be imprisoned, nobody wants their
measures that are intended to freedom be curtailed.
CHANGE or CORRECT offenders.
TWO (2) APPROACHES OF
Note : CORRECTION
Both definitions come from the
meaning of PENOLOGY
1. INSTITUTIONAL-CORRECTION
A part of the science of criminology
which scientifically studies the (Institution-based Correction )
principle of punishment and the rehabilitation or correctional programs
management of prisons, reformatories take place inside correctional facilities
and other confinement units. or institutions such as national
The birth of PENOLOGY is also penitentiaries and jails.
considered the BIRTH OF HUMANE (
makatao ) approach in the 2. NON-INSTITUTIONAL CORRECTION (
administration of justice Community-based Correction)
rehabilitation or correctional programs
CORRECTION
take place within the community. In this
as a component of the criminal justice approach, the convict will not be placed
system, or be released from correctional facility
occupies a crucial role of rehabilitating or jail.
convicted persons through the
development of individualized OBJECTIVES OF CORRECTION
treatment programs which are The basic purpose of corrections is to
responsive to the needs of their clients keep criminals away from the society in
and within the prescribed standards of which they had committed offenses.
existing laws and The United Nations. 2
PRINCIPLES OBSERVED No penalty shall be imposed upon any
GOVERNING THE prisoner/detainee for the +123-4567-890
violation of any
ADMINISTRATION OF PRISONER- www.reallygreatsite.com
rules and regulations except in
DETAINEE IN THE PHILIPPINES: “ [email protected]
accordance with the duly approved and
adopted disciplinary procedures.
No procedure or system of correction Penalties shall not be cruel, inhuman, or
shall deprive any offender of the hope degrading, and no corporal punishment
and the possibility of his ultimate shall be employed as correctional
return to full and responsible
measures.
membership in society.
Members of the custodial force must
The accused is presumed innocent
understand that the prisoners/detainees
until proven guilty
need treatment and counseling and the
under the jurisdiction of the law
primary purpose of confinement is for
enforcement and correctional
reformation and rehabilitation.
agencies, be accorded the generally
accepted standards of decent living
and human PURPOSES OF CORRECTIONS
The preservation of health and the AND SENTENCING
prompt treatment of illness or injury is
a basic right of every person confined DETERRENCE
in jail. • The religious beliefs and is the preventive effect which actual or
moral precepts not contrary to law, threatened punishment of offenders has
which a prisoner/detainee holds, must upon potential offenders.
be respected. The doctrine of deterrence shows the
Members of the custodial force shall aim of the state to prevent crime in order
set themselves as examples by to have a peaceful society.
performing their duties well to Note :
influence the prisoners/detainees to is a lesson for those who are going to
reform for good and obey and respect commit a crime, this will discourage them to
the laws and the duly constituted commit a crime.
authorities.
Note :
Jail personnel shall avoid the use of
DETERRENCE has two types
abusive and indecent language to the
1. GENERAL DETERRENCE
prisoner/detainee particularly in the
The impact to wards sa mga tao na
presence of his family and friends.
nakikita sa tawo na na priso
No jail personnel shall use force
except in legitimate self-defense or in
case of attempted escape to hold the 2. SPECIFIC OR SPECIAL
prisoner/detainee or in case of active DETERRENCE
and passive physical resistance to a An impact pakada mismo sa tawo na
lawful order. nag ka sala, towards sa person na na
priso
2
In the process to help the criminals to adjust to
society and to avoid deviant behavior several NATURE OF PUNISHMENT
measures were undertaken to rehabilitate them.
1 . DEFINITION OF PUNISHMENT
To cite a few, these are vocational training, +123-4567-890
is the infliction of some sort of pain as redress that
counseling and therapeutic treatment. www.reallygreatsite.com
the state takes against the offender for violating
the law. [email protected]
Note :
To eliminate future criminal behavior 2 . FORMS OF PUNISHMENT
the forms of punishment in primitive society were:
REINTEGRATION
a) DEATH PENALTY-
carried out by hanging, burning, immersing in
this process submits that the criminal behavior boiling oil or water, feeding to wild animals and in
was due to the gap between the criminal and many other barbaric ways.
the community.
For this reason, the offender must be assisted to b) CORPORAL PUNISHMENT -
strive harder to face the forces in the community inflicted on the offender by flogging, mutilation and
maiming.
which he will join upon his release from
jail/prison. c) PUBLIC HUMULIATION -
effected by the use of stocks and pillory, docking
Note : steel, branding, shaving of the
( once na ma rehabilitate na siya, susunod na ang hair, etc .
REINTEGRATION, sa reintegration hinahanda nga
d) BANISHMENT-
PDL or client para sa pagbabalik sa society )
sending person away as punishment.
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CRIMINOLOGICAL AND
PENOLOGICAL THEORIES
4 . THE ITALIAN OR POSITIVIST THEORY
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(Cesare Lombroso, Enrico Ferri, Rafaele
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Garofalo)
1 . PRE-CLASSICAL THEORIES: The [email protected]
of this theory maintains that
a) THE SECULAR THEORY OF PUNISHMENT: crime cannot be treated and checked by the
This theory believes that punishment is imposition of punishment fixed and determined,
but thru the enforcement of individual
means of restoring the balance between
measures in such particular case after a prior
pleasure and pain (“Nicomedean Ethics” by investigation conducted by a competent body
Aristotle). of psychiatrists and social scientists.
b) THE JUDEAN-CHRISTIAN THEORY:
This theory of expiation believes that 5 . THEORY OF THE MODERN CLINICAL
SCHOOL (Lombroso, Ferri, Garofalo)
punishment has a redemptive purpose of
The criminal is the product of his biological
repealing sin advocated by the devil.
inheritance conditioned in his development by
c) RISE OF CANONICAL COPURTS:
the experiences of life to which he has been
The theory under this church court was exposed from early infancy up to the time of
mainly reformatory in purpose. the commission of the crime.
d) THE INDIVIDUALIZATION OF PUNISHMENTS
This theory gave the judges wide discretion
THE PHILIPPINE PRISON SYSTEM
to add to the punishment additional penalties
Brief History
in view of the circumstances.
PRE – SPANISH
2 . CLASSICAL THEORY OF PENOLOGY The penal system of this country was
(Cesare Beccaria and Jeremy Bentham): jurisdictionally local and tribal
It consists mostly of native mores and customs
This theory came about as a protest against
administered by Regional Chieftains.
the abuses and discriminatory power of The more notable ones were those of DATU
judges. SUMAKWEL
The exponent of this theory holds that: the Maragtas Code, Code of Kalintiao,
Justice consists of EQUAL TREATMENG of Sikatuna and others.
all criminals for like offenses, whereas the
Note :
courts of the day were dealing unequally with
KALINGIAO, the third Chief of Panay, had in 1433
criminals according to their rank and promulgated a penal code which served long even
influence; The legislature, not the courts, after his death and adopted by adjoining islands
should determine the exact punishment and tribal districts.
appropriate to each crime.
No discretion would be left to the judge.
SPANISH PERIOD
3- NEO-CLASSICAL THEORY (19th
The Spanish Penal Code of 1867
century)
The theory argues that punishment should be PRIOR TO 1860, the Ultramarine Colonies of
imposed on some lawbreakers but not to Spain, including the Philippines were governed
others by recognition of exempting and thru the Minister of Ultramar,
who enforced the various royal orders and
justifying circumstances like minority of the
regulation for the administration of the
offender and insanity. government of the colonies, which were
promulgated by the King of Spain.
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Laws Promulgated By The Committee; THE SAN RAMON PRISON AND PENAL
A compact volume of four books which were later on FARM +123-4567-890
known as the compilations of the laws of Indies In 1869 the authorities saw the need of
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(Recopelacion de las leye de India).
establishing one prison separate from
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This compilation includes Royal decrees and orders
Bilibid for those who fought the
promulgated as early as 1558.
These laws were enforced until 1887, when the Penal
established government.
code of 1870 of Spain with some minor changes San Ramon Prison and Penal Farm was
which were recommended by the code committee for established for confinement of Political
the overseas provinces (Provincias de Ultramar) in Offenders
order to suit local conditions. This is in the southern tip of Zamboaga.
This Institution Houses all types of
Note : prisoners. It is a combination of maximum,
By virtue of the Royal Decree of September 4, 1884, medium, and minimum custody types of
the code thus prepared by the code committee was
Institution
ordered promulgated in the Philippines with some
Prisoners who are directly committed by
objection by the “Gobierno General”, to the Minister of
Ultramar. the courts to this prison are later sent to
the deception and diagnostic center in the
Royal decree dated December 17, 1886; the code central office where all prisoners are
was directed to be promulgated. The penal code committed for study and diagnosis.
together with the “ley de Enjuiciamiento Criminal”, The principal product of Penal Farm is
was accordingly published in the Gaceta of March 13, copra, which is one of the biggest sources
1887, both law took effect four months thereafter, in of income of the Bureau of Prisons. It also
accordance with the provisions of said decree
raises rice, corn, and coffee. Cattle, and
“Legislation Ultramarina.”
livestock.
Note :
This code was one of the municipal laws of the
AMERICAN REGIME AND LATER
Philippines at the time of the capitulation of the Spanish DEVELOPMENTS
Army. The American occupation forces found the
Bilibid Prison and provincial jails very
much intact.
Once after the portion of the Spanish Penal Code San Ramon Penal Farm, which was
were extended and the system of incarceration was a closed as a result of the war,
necessary effect of the enforcement of this code,
was reopened by virtue of the approval of
CONSTRUCTION OF BILIBID PRISON, 1847.
the Reorganization Act No. 1407 of
it became the central confinement place for Filipinos
who transgressed against the laws. November 1, 1905,
Prior to this all prisoner were confined in jails under which created the Bureau of Prisons.
the care of COMMANDIACIAS who were Law General John J. Pershing the Governor of
enforcement elements resided. Mindanao and Sulu, renovated the penal
farm and made it again fit for prison in
Note : 1912.
Commandians were established once in each
province all over the country.
Note :
The Royal decree that opened the Bilibid was issued
It was change to BUREAU OF CORRECTION
in 1865 by the crown of Spain.
through executive proclamation No. 292
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THE IWAHIG PENAL COLONY THE CORRECTIONAL INSTITUTION FOR
WOMEN
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– on November 16, 1905, the Philippine
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commission by the Reorganization Act of 1407 In 1931, The Correctional Institution for Women
created the Bureau of Prisons. [email protected]
was established
The authorities change the policy, instead of 18-hectare piece of land in Mandaluyong to
sending incorrigibles they sent now model segregate the women from the men prisoners.
inmates, those well behave and declared
By authority of Act 3579 previously passed on
tractable.
November 27, 1927, allowing the construction of
Today the Iwahig Penal Colony enjoys the
its building in Welfare Ville
reputation of being one of the best open
At the beginning the correctional institution of
institutions the world over.
Only mutual trust and confidence between the
women was under the superintendent in the
wards and the prison authorities keep them Bureau of Prisons but later the need for women
together without walls of stone and guns. Superintendent was felt so they created a new
This colony is a minimum custody of open position for Superintendent in 1954.
institution. It has an average population of 4,000 The Institution conducts vocational courses in
prisoners. dressmaking, beauty culture, handicraft, cloth
The colony is divided into four sub-colonies, weaving and slipper making.
namely Central Sub-colony, Sta. Lucia Sub-
colony, Inagawan Sub colony and Mobile Sub- DAVAO PENAL COLONY
colony. Each sub-colony operates as small
institution under the charge of a Penal The Davao Penal Colony was established on
Supervisor. January 21, 1932. In accordance with Act No.
The Iwahig Penal colony administers the 3732 and proclamation No. 414, series of 1931.
Tagumpay Settlement. The first contingent was led by General Paulino
Santos, the founder then Director of Prisons.
Note :
The original purpose of this colony was to ease
One important feature of the Iwahig Penal colony is
congestion in the Bilibid Prison and to stop the
privilege granted prisoners who have already
Japanese expansion in Davao.
attained the classification as penal colonist to have
This colony is a combination of medium and
their families transported to the colony at
government expense and to live with them in the
minimum custody type of institution
colonist village. The Davao penal colony operates the biggest
abaca plantation in the province of Davao and
The institution maintains various community perhaps in the whole country
resources such as schools, church, recreation Abaca is the biggest source of income for the
center, Post Exchange, hospital and clinics for Bureau of Prisons.
the colonist and their families. The Colony is divided into three sub-colonies,
The colonist and their families are assigned a namely, the PANABO SUB-COLONY, the
place of land to cultivate and are encourage KAPALONG SUB-COLONY And the NAFCO
raising poultry and livestock for their own SUB-COLONY
personal use. The institution also raises rice, corn kenal, copra
Their products are sold by the colony post and cattle
exchange. The colony has the potential of producing rice
The principal products of the colony are rice, which will meet the needs of the whole Bureau
corn, copra, lumber, logs, minor forest products in rice.
and cattle.
Davao penal colony also operates the
the first successful open institution.
Tagumpay Settlement where released prisoners
of the colony are relocated as homesteaders.
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THE NEW BILIBID PRISON SABLAYAN PENAL COLONY
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In 1936, the City of Manila exchanged its In 1955 the increase in prison population
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Muntinlupa property of 541 hectares with that was such that there was felt again
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of the Bureau of Prison site in Manila. congestion. Ordinarily the facilities in the
This Muntinlupa estate was originally intended New Bilibid Prison would hold only 3,000
as site for the Boys Training School, inmates but in 1955 there were 6,000 so
but because of the distance, the city of Manila then Director Alfredo M. Bunye
preferred the site of the old Bilibid. The persuaded the Secretary of Justice to
Bureau started building the brigades in 1936 make the president agree to the
and called the site Commonwealth Farm. establishment of a new colony
This is predominantly a maximum custody On September 27, 1954, the president
institution issued Proclamation No. 72, Declaring
Being the main prison, it receives commitment that some hectares of the virgin land in
from court of first instance all over the Sablayan, Occidental Mindoro are the
Philippines, except those sentenced by the Sablayan Penal Colony.
court of first instance in Zamboaga and Sulu, This Institution is a minimum or open
which may be committed directly to the San type institution.
Ramon Prison and Penal Farm It has an average prison population of
This prison has a capacity of 3,000 prisoners 1,000
At present the population is over 9,000 rice is the principal product of this
prisoners, the largest in the world in point of colony.
population. It also raises vegetables, not only for the
The New Bilibid Prison specializes in the use of the colony, but also for the
industrial type of vocational training. It inmates of the New Bilibid Prison.
operates in furniture shop, auto mechanics
and auto mobile body building shop, shoe
repairing shop, blacksmith and tinsmith shop, THE MANILA OFFICE
tailoring, electronics, watch repairing,
carpentry and rattan furniture shop. The Manila Office was originally a
The New Bilibid Prisons operates a high service of prisoner working in the
school for prisoners who desire to complete different offices under the Department of
their high school education. Justice.
However, it was converted to an
operating institution following the prison
Reception and Diagnostic Center riots inside the New Bilibid Prison in 198,
In 1953, the reception and diagnostic center when the hardwood of the Prison
was established for diagnostic study of Industries from the New Bilibid Prison
prisoners for more scientific rehabilitation. compound and transferred to the Manila
Administrative Order No. 11 of the Secretary Office because the shop was believed to
of Justice. be the source of weapons used by the
rioting inmates.
Two hundred prisoners working in this
project were transferred to the Manila
Office, thus making this unit a regular
penal institution.
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ADHERENCE TO THE UNITED NATIONS REASON FOR COMMITMENT
(U.N.) STANDARD MINIMUM RULES FOR
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THE TREATMENT OF PRISONERS AND a Prisoner/Detainee is a person
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THE UN STANDARD MINIMUM RULES committed to jail/prison by a
FOR NON-CUSTODIAL MEASURES competent [email protected]
or authority for any of
the following reason:
The Philippines adheres to the provisions of the UN (a) To serve a sentence after conviction.
Standard Minimum Rules for the Treatment of (b) Trial
Prisoners and UN Standard Minimum Rules for Non- (c) Investigation
Custodial Measures (the Tokyo Rules)
CLASSIFICATION OF INMATES
FUNCTION :
DILG Formulate policies and guidelines on the
( Department of interior local government ) administration of all district, city and municipal
supervises the provincial, district, city and jails.
municipal jails through the provincial Formulate and implement policies for the
governments and the Bureau of Jail Management programmes of correction, rehabilitation and
and Penology, treatment of inmates.
DSWD supervises the regional rehabilitation Plan and programme funds for the
centres for youth offenders through the Bureau of subsistence allowance of inmates.
Child and Youth Welfare.
Conduct research, develop and implement
plans and programmes for the improvement of
jail services throughout the country.14 After
DSWD
twelve (12) years of existence as a separate
supervises the regional rehabilitation centres for
youth offenders through the Bureau of Child and agency under the DILG, the BJMP still shares
Youth Welfare. its responsibilities with the Philippine National
Police (PNP). The involvement, however, of
BUREAU OF CORRECTION the police in penology and jail management is
(BuCor) a temporary arrangement in view of BJMP’s
BuCor has for its principal task the rehabilitation limited capacity.
of national prisoners9, or those sentenced to
serve a term of imprisonment of more than three BUREAU OF CHILD AND YOUTH WELFARE
years. Presidential Decree (P.D.) No. 603, as
Corrections focus on rehabilitation and regards amended16, was promulgated to provide for
inmates as patients who need treatment and the care and treatment of youth offenders from
guidance in order to become productive and the time of apprehension up to the termination
responsible members of society upon their of the case17.
release. The Bureau provides intensive treatment for
the rehabilitation of youth offenders on
Note :
suspended sentence.
At present, BuCor has seven prison facilities for
Under the said law, a youth offender is defined
its 26,792 prisoners. It has one prison institution
as a child, minor or youth who is over nine
for women and one vocational training centre for
juveniles. years but under eighteen years of age at the
BuCor created ICIA which is tasked to act within time of the commission of the offence.
seventy-two hours, on all the complaints,
requests for information and assistance of PROVINCIAL GOVERNMENT
inmates Provincial jails, numbering 104 in all, including
The common complaints/requests made by sub-provincial extensions, are under the
inmates are complaints against employees/co- supervision and control of the provincial
inmates, status of prisoners’ release, governments.
computation of Good Conduct and Time
Allowance and problems regarding visitors’ visits.
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ISSUES CONFRONTING THE PHILIPPINE JAIL
CORRECTIONS SYSTEM Jails – are primarily adult penal institutions used for the
detention of law violators. +123-4567-890
Its original function was the pretrial detention of
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Overcrowding of Certain Prison Institutions/Jails persons charged with crime.
The PNP’s consistent and unrelenting drive to get the Later it came use for [email protected]
the service of shorter sentences.
job done against criminals, terrorists and those who
threaten the peace has resulted in the arrest of Note :
thousands of individuals. Today it continues its dual role as a place of detention
for those awaiting final disposition of criminal action
INSTITUTION 2001 2002 2003 and the service of short sentences up to one year.
BuCor 23,965 25,002 26,792 The jail is the oldest penal institution having originated
BJMP 37,153 40,903 48,907 in London in 1166
The jails of the 18th century were described as
Note : veritable human zoos, with all the filth, vermin, vice
For 2003, BuCor reported a congestion rate of 33% while and corruption. Today, the jail problems have not
BJMP reported a monthly increase of its jail population of changed.
2.2%.
Misamis Occidental.
5. Leyte Regional Prison in Abuyog, Leyte.
When Can a Prisoner Be Released? - DEGREE OF CUSTODY OF PRISONERS:
SUPER SECURITY PRISONERS
After service of sentence
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incorrigible, intractable, and dangerous persons
When pardoned [email protected]
who are so different to manage that they are the
After an Amnesty is granted source of constant disturbance even in a maximum
institution.
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Credit to :
Compiled and edited by : crmgtst. Daiselyn A. Dasig