4. PENOLOGY defined:
The study of punishment for a crime or of
criminal offenders. It includes the study of
control and prevention of crime through
punishment of criminal offenders.
The term is derived from the Latin word
“POENA” which means pain or suffering.
Penology is otherwise known as Penal
Science.
It is actually a division of criminology that
deals with prison management and the
treatment of offenders, and concerned itself
with the philosophy and practice of society in
its effort to repress criminal activities.
5. - Refers to the manner or practice of managing or controlling places of
confinement as in jails or prisons.
PENAL MANAGEMENT
7. Secular Theory
The first attempt to explain crime was made by the Athenian philosopher, Aristotle. In
his book “Nicomedean Ethics”, he discusses corrective justice, thus – “punishment is a
means of restoring the balance between pleasure and pain”. This philosophy of
individual determinism that existed up to 400 B.C., was another form of the so called
“free-will theory. It implied a notion of causation in terms of free choice to commit
crime by rational men seeking pleasure and avoiding pain.
According to Aristotle, “corrective justice is a means whereby the loss suffered by
the wronged man is compensated. Suffering by the offender restores the balance
between the injured and the transgressor.
8. The Judean—Christian Theory
This theory of expiation believes that punishment has a redemptive
purpose of repelling sin advocated by the devil.
9. Rise of the Canonical Courts
- A system of trial and punishment was established in the 4th Century A.D. Rivalry
existed between the church and state in trying offences. Primitive justice was not so
much concerned with determining of guilt as with saying that the proper religious ritual
that observed by private parties in settling private disputes.
10. Individualization of Punishment
- The lawmakers and judges had the practical task of making and
administering law not only in the light of such theories of free will and
responsibility, but also face to face with the indignation of the
community at a particular offense.
11. Abused of Judicial Individualization
- The law gave judges wide direction to impose additional properties in view
led to the circumstances. This theory gave the judges tyrannical power that
led to abuses. Class discrimination in the administration of justice arose.
The Hebrew right of sanctuary and the medieval truce of God were
religiously motivated by limitations on punishment.
13. The Classical School
- It maintains the “Doctrine of Psychological Hedonism” or “Freewill”
that the individual calculates pleasures from pain in advance of his
action and regulates his conduct by the result of his calculations.
Advocated by: CESARRE BECARRIA & JEREMY BENTHAM
14. The Neo-classical School
- It maintained that while the classical doctrine is correct in general, it should
be modified in certain details. Since children and lunatics cannot calculate
the differences of pleasures from pain, they should not be regarded as
criminals; hence they should be free from punishment.
15. The Positivist or Italian School
- The school that denied individual responsibility and reflected non- punitive reactions to
crime and criminality. It adheres that crimes, as any other act, is a natural phenomenon.
Criminals are considered as sick individuals who need to be treated by treatment
programs rather than punitive actions against them.
Advocated by: HOLY THREE OF CRIMINOLOGY
(CESARE LOMBROSO, ENRICO FERRI, RAFAEL GAROFALO)
16. CORRECTION
- A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
- It is that field of criminal justice administration which utilizes the body of knowledge
and practices of the government and the society in general involving the processes of handling
individuals who have been convicted of offenses for purposes of crime prevention and
control.
- It is the study of jail/prison management and administration as well as the
rehabilitation and reformation of criminals.
- It is a generic term that includes all government agencies, facilities, programs,
procedures, personnel, and techniques concerned with the investigation, intake, custody,
confinement, supervision, or treatment of alleged offenders.
17. Correctional Administration:
- The study and practice of a systematic management of
jails or prisons and other institutions concerned with the
custody, treatment, and rehabilitation of criminal offenders.
18. Correction and the Criminal Justice System
The Criminal Justice System is the machinery of any government in the control and
prevention of crimes and criminality.
It is composed of the pillars of justice such as: the Law Enforcement Pillar (Police), the
Prosecution Pillar, the Court Pillar, the Correction Pillar, and the Community Pillar.
Correction as one of the pillars of Criminal Justice System is considered as the weakest
pillar. This is because of its failure to deter individuals in committing crimes as well as the
reformation of Persons Deprived of Liberty (PDL) or inmates.
19. QUESTIONS…
The study of control and prevention of crime through PUNISHMENT of criminal offenders is
called;
A. Penology
B. Penal Management
C. Correction
D. Penal Science
ANS. APenology
20. Based on the Pre-Classical Theories of Punishment, which of the following beliefs gave more emphasis
on religious ritual in settling private disputes and that the primitive justice were not so much concerned in
determining the guilt?
A. Abused of Judicial Individualization
B. The Judean—Christian Theory
C. Individualization of Punishment
D. Rise of the Canonical Courts
ANS. D. Rise of the Canonical Courts
QUESTIONS…
21. This theory admits that minors are incapable of committing crime because they have not reached
the age of responsibility. And it also admits that certain adults are incapable of committing crimes
because of their conditions they are not free to choose.
A. The Neo-Classical School of Penology
B. The Italian or Positivist School of Penology
C. The Classical School of Penology
D. The Modern Clinical School of Penology
ANS. A. The Neo-Classical School of Penology
QUESTIONS…
22. HISTORICAL PERSPECTIVE ON CORRECTIONS
13th Century – Securing Sanctuary
In the 13th C, a criminal could avoid punishment by claiming refugee in a church for a period of 40
days at the end of which time he has compelled to leave the realm by a road or path assigned to him.
1468 (England) – Torture as a form of punishment became prevalent.
16th Century – Transportation of criminals in England, was authorized. At the end of the 16th C,
Russia and other European Countries followed this system. It partially relieved overcrowding of
prisons. Transportation was abandoned in 1835.
17th C to late 18th C – Death Penalty became prevalent as a form of punishment.
23. 1. Death of outlaws became a “protection for the English people”. It is because the people
during this period did not totally believe yet in the ability to a strong police force to combat criminals.
2. People lack confidence in the transportation of criminals. Gaols and Galleys became center
of corruption and ineffective instruments of punishment.
3. Doctrine of Crude Intimidation appeared or seemed to be a logical form of threat in order to
deter or prevent the people from violating the law.
4. The assumption was that, the Ruling Class is tasked to protect property rights and
maintain public peace and order. The system of maintaining public order had little consideration
or it did not recognize the social and economic condition of the lower working class. The lawmakers
and enforcers used death penalty to cover property loss or damage with out further contemplating
the value of life of other people.
24. GAOLS - (Jails) – pretrial detention facilities operated by English Sheriff.
Galleys – long, low, narrow, single decked ships propelled by sails, usually
rowed by criminals. A type of ship used for transportation of criminals in the 16th
century.
Hulks – decrepit transport, former warships used to house prisoners in the 18th
and 19th century. These were abandoned warships converted into prisons as
means of relieving congestion of prisoners. They were also called “floating
hells”.
25. Retaliation (Personal Vengeance)
– the earliest remedy for a wrong act to any one (in the primitive society).
The concept of personal revenge by the victim’s family or tribe against the
family or tribe of the offender, hence “blood feuds” was accepted in the early
primitive societies.
26. Early Codes:
1. Babylonian and Sumerian Codes
a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest
code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older.
2. Roman and Greek Codes
a. Justinian Code– 6th C A.D. , Emperor Justinian of Rome wrote his code of law.
An effort to match a desirable amount of punishment to all possible crimes. However, the law did not
survive due to the fall of the Roman Empire but left a foundation of Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of Roman
law incorporated into the Justinian Code. It is the foundation of all public and private law of the Romans until
the time of Justinian. It is also a collection of legal principles engraved on metal tablets and set up on the
forum.
b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the same
punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds).
The Greeks were the first society to allow any citizen to prosecute the offender in the name of the
injured party.
27. 3. The Burgundian Code (500 A.D) – specified punishment according to the
social class of offenders, dividing them into: nobles, middle class and
lower class and specifying the value of the life of each person according to
social status.
29. Mamertine Prison – the only early Roman place of confinement which is built
under the main sewer of Rome in 64 B.C.
Other places of confinement in the history of confinement include
FORTRESSES, CASTLES, and TOWN GATES that were strongly built purposely
against roving bands of raiders.
The most popular workhouse was the BRIDEWELL WORKHOUSE (1557)
in London which was built for the employment and housing of English prisoners.
Wulnut Street Jail – originally constructed as a detention jail in Philadelphia. It
was converted into a state prison and became the first American Penitentiary.
30. Early Codes (Philippine Setting)
The Philippines is one of the many countries that cane under the influence of the Roman
Law. History has shown that the Roman Empire reached its greatest extent to most of continental
Europe such as Spain, Portugal, French and all of Central Europe.
Eventually, the Spanish Civil Code became effective in the Philippines on December 7, 1889,
the “Conquistadores” and the “Kodigo Penal”(The Revised Penal Code today, 1930) was introduced
by the Spaniards promulgated by the King of Spain. Basically, these laws adopted the Roman Law
principles.
Mostly tribal traditions, customs and practices influenced laws during the Pre-Spanish
Philippines. There were also laws that were written which includes:
a. The Code of Kalantiao (promulgated in 1433) – the most extensive and severe law that
prescribes harsh punishment.
b. The Maragtas Code (by Datu Sumakwel)
c. Sikatuna Law
31. Early prisons in the Philippines:
During the Pre-Spanish period, prison system in the Philippines was tribal in nature. Village
chieftains administered it. It was historically traced from the early written laws.
In 1847, the first Bilibid Prison was constructed and became the central place of
confinement for Filipino Prisoners by virtue of the Royal decree of the Spanish crown.
In 1936, the City of Manila exchanges its Muntinlupa property with the Bureau of
Prisons originally intended as a site for boys’ training school. Today, the old Bilibid Prison is
now being used as the Manila City Jail, famous as the “ May Halique Estate”.
32. Punishment:
- It is the redress that the state takes against an offending member of society that usually
involve pain and suffering.
- It is also the penalty imposed on an offender for a crime or wrongdoing.
Ancient Forms of Punishment:
1. Death Penalty – affected by burning, beheading, hanging, breaking at the wheels, pillory and other
forms of medieval executions.
2. Physical Torture – affected by maiming, mutilation, whipping and other inhumane or barbaric forms
of inflicting pain.
3. Social Degradation – putting the offender into shame or humiliation.
4. Banishment or Exile – the sending or putting away of an offender which was carried out either by
prohibition against coming into a specified territory such as an island to where the offender has been
removed.
5. Other similar forms of punishment like transportation and slavery.
33. Early Forms of Prison Discipline:
1. Hard Labor - productive works.
2. Deprivation – deprivation of everything except the bare essentials of existence
3. Monotony – giving the same food that is “off” diet, or requiring the prisoners to perform
drab or boring daily routine.
4. Uniformity – “ we treat the prisoners alike”. “ the fault of one is the fault of all”.
5. Mass Movement – mass living in cell blocks, mass eating, mass recreation, mass bathing.
6. Degradation – uttering insulting words or languages on the part of prison staff to the
prisoners to degrade or break the confidence of prisoners.
7. Corporal Punishment – imposing brutal punishment or employing physical force to
intimidate a delinquent inmate.
8. Isolation or Solitary Confinement – non-communication, limited news, “ the lone wolf”.
34. Contemporary Forms of Punishment:
1. Imprisonment – putting the offender in prison for the purpose of protecting the public against
criminal activities and at the same time rehabilitating the prisoners by requiring them to undergo
institutional treatment programs.
2. Parole - a conditional release of a prisoners after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him/her to free life under the guidance and supervision of a
parole officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of
which does not exceed six years imprisonment, is released subject to the conditions imposed by the
releasing court and under the supervision of a probation officer.
4. Fine – an amount given as a compensation for a criminal act.
5. Destierro – the penalty of banishing a person from the place where he committed a crime,
prohibiting him to get near or enter the 25-kilometer perimeter.
35. PURPOSES/JUSTIFICATIONS OF PUNISHMENT
1. Retribution – the punishment should be provided by the state whose sanction is violated, to afford the
society or the individual the opportunity of imposing upon the offender suitable punishment as might be
enforced. Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where the purpose is to appease
the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what would happen to them if
they violate the law. Punishment is imposed to warn potential offenders that they can not afford to do what the
offender has done.
4. Incapacitation and Protection – the public will be protected if the offender has being held in conditions
where he cannot harm others especially the public. Punishment is effected by placing offenders in prison so that
society will be ensured from further criminal depredations of criminals.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender.
Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive
upon his return to the community by requiring him to undergo intensive program of rehabilitation in prison.
36. Questions…
What branch of the Criminal Justice System which concerned with the custody,
supervision and rehabilitation of criminal offenders.
A. Court
B. Correction
C. Law Enforcement
D. Prosecution
Ans. B. Correction
37. Questions…
The study and practice of a systematic management of jails or prisons and other
institutions concerned with the custody, treatment, and rehabilitation of criminal offenders is
called;
A. Correctional Administration
B. Correction
C. Penal Management
D. Penology
Ans. A. Correctional Administration
38. Questions…
Identify which of the following terms means “a redress that the state takes against an
offending member of society that usually involve pain and suffering.”
A. Penalty
B. Retaliation
C. Vengeance
D. Punishment
Ans. D. Punishment
40. 18th Century is a century of change.
It is the period of recognizing human dignity.
It is the movement of reformation, the period of introduction of certain reforms
in the correctional field by certain person, gradually changing the old positive
philosophy of punishment to a more humane treatment of prisoners with
innovational programs.
41. The Two Rival Prison System in the
History of Correction
42. A. The Auburn Prison System – the prison system called the “Congregate
System”.
- The prisoners are confined in their own cells during the night and
congregate work in shops during the day. Complete silence was
enforced.
B. The Pennsylvania Prison System – the prisons system called “Solitary
System”.
- Prisoners are confined in single cells day and night where they lived,
they slept, they ate and receive religious instructions. Complete Silence was
also enforced. They are required to read the Bible.
44. PENALTY is defined as the suffering inflicted by the state against an
offending member for the transgression of law.
45. JURIDICAL CONDITIONS OF PENALTY
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the
human personality.
2. Commensurate with the offense – different crimes must be punished with
different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
7. Correctional – changes the attitude of offenders and become law-abiding
citizens.
46. Duration of Penalties
1. Death Penalty – Capital punishment
2. Reclusion Perpetua – life imprisonment, a term of 20-40 years
imprisonment
3. Reclusion Temporal – 12 years and 1 day to 20 years imprisonment
4. Prision Mayor – 6 years and 1 day to 12 years
5. Prision Correctional – 6 months and 1 day to 6 years
6. Arresto Mayor – 1 month and 1 day to 6 months
7. Arresto Menor – 1 day to 30 days
8. Bond to Keep the Peace – discretionary on the part of the court.
47. PRESCRIPTION OF PENALTY:
20 Years – Reclusion Perpetua & Temporal
15 Years – Afflictive Penalties
10 years – Correctional Penalties
5 years – Arresto Menor
1 Year – Crime of Libel
6 Months – Oral defamation and Slander by deed
2 Months – Light Offense
48. HABITUAL DELIQUENCY - If within a period of ten years from the date of his release or last
conviction of the crime of robbery, theft, estafa, or falsification, he is found guilty of any of said
crimes a third time or oftener.
REITERACION - That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter
penalty.
RECIDIVIST - one who, at the time of his trial for one crime, shall have been previously convicted
by final judgment of another crime embraced in the same title of this Code.
QUASI-RECIDIVIST - Quasi-recidivism is a special aggravating circumstance where a person,
after having been convicted by final judgment, shall commit a new felony before beginning to
serve such sentence, or while serving the same. He shall be punished by the maximum period of
the penalty prescribed by law for the new felony. The penalty is justified because of the perversity
and incorrigibility of the offender.
51. The BUREAU OF CORRECTIONS is an agency under the Department of
Justice that is charged with custody and rehabilitation of national offenders,
that is, those sentenced to serve a term of imprisonment of more than three (3)
years.
Bureau of Prisons was renamed Bureau of Corrections under Executive Order
292 passed during the Aquino Administration.
The Bureau of Corrections has general supervision and control of all national
prisons or penitentiaries. It is charged with the safekeeping of all Insular
Prisoners confined therein or committed to the custody of the Bureau.
52. MISSION
Effective safekeeping and rehabilitation of national prisoners.
VISION
Improved national prisons conducive to the reformation and rehabilitation of
inmates that will bring them back into the mainstream of society as useful
citizens of the country.
53. ORGANIZATION
Headed by a Director, the BuCor has an authorized strength of 2,362 employees,
61% of whom are custodial officers, 33% are administrative personnel and 6% are
members of the medical staff.
The agency has seven (7) operating units located nationwide, namely:
1. The New Bilibid Prison in Muntinlupa City;
2. The Correctional Institution for Women (CIW) in Mandaluyong City;
3. Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan;
4. Sablayan Prison and Penal Farm in Occidental Mindoro;
5. San Ramon Prison and Penal Farm in Zamboanga City;
6. Leyte Regional Prison in Abuyog, Leyte; and
7. Davao Prison and Penal Farm in Panabo, Davao Province.
54. - A penitentiary, is an institution for the imprisonment (incarceration)
of persons convicted of major/ serious crimes.
- A building, usually with cells, or other places established for the
purpose of taking safe custody or confinement of criminals.
- A place of confinement for those charged with or convicted of
offenses against the laws of the land.
PRISON Defined:
55. WHO IS A PRISONER?
- A prisoner is a person who is under the custody of a lawful authority. A
person, who by reason of his criminal sentence or by a decision issued by a
court, may be deprived of his liberty or freedom.
- A prisoner is 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 a sentence after conviction – Trial –
Investigation –
56. General Classification of Prisoners
1. Detention Prisoners – those detained for investigation, preliminary hearing,
or awaiting trial. A detainee in a lock-up jail. They are prisoners under the
jurisdiction of Courts.
2. Sentenced Prisoners – offenders who are committed to jail or prison in order
to serve their sentence after final conviction by a competent court. They are
prisoners under the jurisdiction of penal institutions.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who
are detained in order to protect the community against their harmful behavior. Ex.
Mentally deranged individuals, insane person.
57. Classification of Sentenced Prisoners:
1. Insular or National Prisoners
- Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
- Those sentenced to suffer a term of imprisonment cited above but appealed the judgment
and unable to file a bond for their temporary liberty.
2. Provincial Prisoners
- Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to
3 years or a fine not more than 1,000 pesos, or both; or
- Those detained therein waiting for preliminary investigation of their cases cognizable
by the RTC.
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 pesos or both.
- Those detained therein whose cases are filed with the MTC.
- Those detained therein whose cases are cognizable by the RTC and under Preliminary
Investigation.
58. 4. Municipal Prisoners
- Those confined in Municipal jails to serve imprisonment from 1 day to 6 months.
- Those detained therein whose trials of their cases are pending with the MTC.
59. Classification of Prisoners According to Degree of Security:
1. Super Maximum Security Prisoners
- A special group of prisoners composed of incorrigible, intractable, and highly dangerous persons
who are the source of constant disturbances even in a maximum security prison.
- They wear the orange color of uniforms.
2. Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or to the security of the
state.
- It consists of constant troublemakers but is not as dangerous as the super maximum-security
prisoners. Their movements are restricted and they are not allowed to work outside the institution but
rather assigned to industrial shops within the prison compound.
- They are confined at the Maximum Security Prison (NBP Main Building), they wear orange
color of uniform.
- Prisoners includes those sentenced to serve sentence 20 years or more, or those whose
sentenced are under the review of the Supreme Court, and offenders who are criminally
insane having severe personality or emotional disorders that make them dangerous to
fellow offenders or staff members.
60. 3. Medium Security Prisoners
- Those who cannot be trusted in open conditions and pose lesser danger than
maximum-security prisoners in case they escape.
- It consist of groups of prisoners who maybe allowed to work outside the fence or walls
of the penal institution under guards or with escorts.
- They occupy the Medium Security Prison (Camp Sampaguita) and they wear blue
color of uniforms. Generally, they are employed as agricultural workers.
- It includes prisoners whose minimum sentence is less than 20 years and life-
sentenced prisoners who served at least 10 years inside a maximum security prison.
4. Minimum Security Prisoners
- A group of prisoners who can be reasonably trusted to serve sentence under “open
conditions”.
- This group includes prisoners who can be trusted to report to their work assignments
without the presence of guards.
- They occupy the Minimum Security Prison (Camp Bukang Liwayway) and wear brown
color uniforms.
61. THE RECEPTION AND DIAGNOSTIC CENTER (RDC)
This is a special unit of prison (Camp Sampaguita) where new prisoners
undergo diagnostic examination, study and observation for the purpose
of determining the programs of treatment and training best suited to
their needs and the institution to which they should be transferred.
62. It is composed of the following staff members:
1. The Psychiatrist – responsible in the examination of the prisoner’s mental and emotional make-
up.
2. The Psychologist – responsible to conduct study on the character and behavior of the
prisoners.
3. The Sociologist – study the social case situation of the individual prisoner.
4. The Educational Counselor – conducts orientation classes in order to change inmates’ attitude
towards education and recommends educational program for the prisoner.
5. The Vocational Counselor – to test the prisoner’s special abilities, interest and skills and
recommends for the vocational course best suited to the prisoner.
6. The Chaplain – encourage the prisoner to participate in religious activities.
7. The Medical Officer – conducts physical examination and recommends medical treatment of
prisoners.
8. Custodial-Correctional Officer – recommends the transfer and type of custody of inmates.
63. THE QUARANTINE CELL OR UNIT
This may be a unit of the prison or a section of the RDC where the prisoner
is given a thorough physical examination including blood test, x-rays,
vaccinations and immunity. This is for the purpose of insuring that the
prisoner is not suffering from any contagious disease, which might be
transferred to the prison population.
64. WHAT IS A JAIL?
– is a place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve a short sentences imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of their cases.
Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody offenders who
are serving short sentences or those who are undergoing constructive work programs. It
provides full employment of prisoners, remedial services and constructive leisure time
activities.
65. Provincial Jails
Provincial Jails in the Philippines are not under the jurisdiction of the
Bureau of Corrections. They are managed and controlled by the
provincial government.
67. The BJMP exercises supervision and control over all cities and
municipal jails throughout the country. The enactment of Republic
Act no. 6975 created the BJMP. It operates as a line bureau under the
Department of the Interior and Local Government (DILG).
68. Mandates
BJMP is mandated to direct, supervise and control the administration and operation of all
district, city and municipal jails nationwide with pronged tasks of safekeeping and
development of PDL.
69. National Office
Chief, Bureau of Jail Management and Penology (C, BJMP; highest ranking official with
the rank of "Jail Director" equivalent to the 2-star Major General Officer in the military)
Deputy Chief for Administration, Bureau of Jail Management and Penology (DCA, BJMP;
with the rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer
in the military)
Deputy Chief for Operations, Bureau of Jail Management and Penology (DCO, BJMP; with
the rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer in the
military)
Chief of Directorial Staff, Bureau of Jail Management and Penology (CDS, BJMP; with the
rank of Jail Chief Superintendent equivalent to 1-star Brigadier General Officer in the
military)
73. WARDEN
- Direction, Coordination, and Control of the Jail
- Responsible for the:
Security, safety, discipline and well-being of inmates
- The office of the warden may organize the following units:
1. Intelligence and Investigation Team
– It gathers, collates and submits intelligence information to the office of the
warden on matter regarding the jail condition.
2. Jail Inspectorate Section
- Inspect jail facilities, personnel, prisoners and submit reports to the warden.
3. Public Relation Office
- Maintain public relation to obtain the necessary and adequate public support.
74. ASSISTANT WARDEN
- The office of the Assistant Warden undertakes the development of
a systematic process of treatment.
- Chairman of the Classification Board and Disciplinary Board.
77. 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 Court;
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.
78. CLASSIFICATION
- refers to assigning or to grouping of inmates according to
their respective penalty, gender, age, nationality, health,
criminal records, etc.
79. CATEGORIES OF INMATES -The two (2) general categories of inmates are:
a. Prisoner - inmate who is convicted by final judgment; and
b. Detainee - inmate who is undergoing investigation/trial or awaiting final
judgment.
CLASSIFICATION OF DETAINEES - The three (3) classes of detainees are those:
a. Undergoing investigation;
b. Awaiting or undergoing trial; and
c. Awaiting final judgment.
81. 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
trainings or those whose life is in danger or under imminent threat.
82. 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.
83. f. Terrorist Group - a group of persons that commits any of the following:
piracy and mutiny in the high seas or in the Philippine waters, rebellion or
insurrection, coup d’état, murder, kidnapping and serious illegal
detention, crimes involving destruction, arson, hijacking, violation of laws
on toxic substances and hazardous and nuclear waste control, violations of
atomic energy regulations, anti-piracy and antihighway robbery, illegal and
unlawful possession, manufacture, dealing in, acquisition or disposition of
firearms, ammunitions or explosives.
g. Violent Extremist Offender (VEO) - a person whose political or religious
ideologies are considered far outside the mainstream attitudes of the
society or who violates common moral standards and who has adopted an
increasingly extreme ideals and aspirations resorting to the employment of
violence in the furtherance of his/her beliefs.
84. h. Medium Risk Inmates -those who represent a moderate risk to the public
and staff. These inmates still require greater security, control and supervision
as they might escape from and might commit violence inside the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates who have
lesser tendencies to commit offenses and generally pose the least risk to
public safety. In most cases, they may be first-time offenders and are
charged with light offenses.
85. REQUIREMENTS FOR COMMITMENT
No person shall be committed to any jail facility without the following required
documents:
a. Commitment Order;
b. Medical Certificate - recent medical certificate taken within 24 hours prior to
admission;
c. Complaint/Information;
d. Police Booking Sheet; and
e. Certificate of Detention from PNP and/or NBI.
86. RECEPTION PROCEDURES –
A. Gater - He or she checks the credentials of the person bringing the
inmate/the committing officer to determine his/her identity and authority.
Also, he or she reviews the completeness of the following documents before the
person bringing an inmate/the committing officer is allowed to enter the facility.
The documents mentioned earlier refer to the:
1.Commitment Order;
2. Medical Certificate – recent medical certificate taken within 24 hours
prior to admission;
3.Complaint/Information;
4.Police Booking Sheet; and
5. Certificate of Detention from PNP and/or NBI.
87. B. Records Unit - This unit examines the completeness and authenticity of the requirements
for Commitment (Commitment Order, Booking Sheet, Arrest Report and Information) before
it refers the inmate for physical examination by the Health Unit.
C. Health Unit:
1. Checks the authenticity of the entries in the medical certificate; conducts thorough
physical examination of the inmate to determine his or her true physical condition; and asks
searching questions to determine injury/injuries found to have been sustained by the inmate after
the conduct of medical examination or those injuries not diagnosed prior to commitment in jail.
Inmate is required to undress while undergoing medical examination. A female inmate shall be
examined by female health personnel. A male inmate may be examined by either male or
female health personnel;
88. D. Records Unit -Receives the inmate and the documents from the committing officer and
conducts the following:
1. Start the booking procedures:
a. Accomplish the jail booking sheet;
b. Strip-search the inmate to check for any birth marks, tattoos, etc;
c. Encode the inmate's information to the NIMS;
d. Fingerprint and photograph the inmate with mug shot background; and
e. List the names of the visitors authorized by the inmate.
2. Apprise the inmate in a dialect that he/she understands of the provisions of Art 29 of the RPC
which was further amended by R.A. 10592;
3. Facilitate the signing of the Detainee’s Manifestation if he/she agrees to abide by the same
disciplinary rules imposed upon convicted inmates. Otherwise, the warden issues a
certification under oath manifesting that the inmate was apprised of the provision of Art 29 of the
RPC as amended and refused to abide by the same; and
4. Store all documents in the Inmate’s Carpeta.
89. WHAT IS R.A. No. 10592?
REPUBLIC ACT No. 10592- AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby
further amended to read as follows:
"ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused
who have undergone preventive imprisonment shall be credited in the service of their sentence consisting
of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the
detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the
assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the
following cases:
90. 1. When they are recidivists, or have been convicted previously twice or more times of
any crime; and
"2. When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of a
counsel and shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment.
"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be
deducted from thirty (30) years.
91. E. Property Custodian
1. Checks the inmate’s belongings for presence of contraband. Discovery of
any contraband shall be treated in accordance with existing policies.
2. Takes all cash and other personal properties from the inmate, lists them
down on a receipt form with duplicate, duly signed by him/her and countersigned
by the inmate. The original receipt should be given to the inmate and the
duplicate be kept by the Property Custodian.
3. Keeps all cash and other valuables of the inmate in a safety vault. Said
cash and valuables may be turned over to any person authorized by the inmate.
4. Refers the inmate to the desk officer.
92. F. Desk Officer - books the newly committed inmate in the jail blotter; assigns the inmate to a
reception area, if any, where he/she shall be scheduled for orientation on jail rules and
regulation, and shall undergo risk assessment and classification, evaluation and conduct of
further medical evaluation/screening by the Medical Officer.
G. Assistant Warden or Officer of the Day - Orients the newly committed inmates on jail rules
and regulations using the Inmate’s Orientation Sheet.
H. Jail Warden - Coordinates with concerned agencies regarding the case of inmate for
speedy disposition and to furnish them with copies of the available needed documents. The
jail warden shall see to it that all concerned agencies and persons will be informed of the
commitment of the inmate in his/her jail by submitting a written report. Through his/her paralegal
officer, he/she shall ensure that the courts and prosecutors’ office are attending to the case of the
inmate by constantly coordinating with them for the purpose of speeding up the disposition of the
case. For this purpose, the sharing of nonconfidential information with the concerned agencies is
encouraged.
94. a. Admission of Inmate - Once the inmate has undergone the registration process; he/she will be
temporarily housed at the Inmate Classification and Counseling Unit (ICCU) in jails where it is
available. The inmate shall stay at the ICCU for a minimum period of thirty (30) days but not
exceeding sixty (60) days or until the completion of the classification process. At the ICCU, the
newly committed inmate will undergo assessment by the different health professionals.
b. Medical Examination - The jail medical Officer or the jail officer designated nurse of the Health
Unit will conduct a thorough physical examination on the newly committed inmate and will note
down significant bodily marks, scars, tattoos and lesions based on the medical certificate presented
by the committing officer. He or she must ensure that his/her findings are congruent to the medical
certificate presented. Any discrepancy shall warrant further investigation by and reporting of the
same to the CHR.
c. Results of the medical examination shall be recorded and shall bear the signature of the
physician or nurse who conducted the examination. Medical issues will be attended to
accordingly.
95. d. Dental Examination - The jail dentist shall perform a thorough dental examination and recording
of his or her findings. The record shall bear the signature of the dentist who conducted the
examination. Dental issues that need immediate attention shall be so attended to accordingly.
e. Psychological Examination - The jail psychologist-in-charge shall conduct psychological
examination to determine the inmate’s psychological state at the time of examination. Results will
be recorded in the psychologist’s logbook or in the health assessment card/HAS and shall bear the
signature of the psychologist who conducted the examination.
f. Social Case Study - The jail social worker at the ICCU shall conduct in-depth interview with the
newly admitted inmate, an interview that considers the "who the inmate is" from birth up to the
present including his/her familial, educational, social, vocational and other issues that has an impact
on his/her personality. The findings will be recorded and shall bear the signature of the social worker
who conducted the assessment. In jails without ICCU, the interview will be done by the social
worker-in-charge upon the order of the court or as requested by the medical officer, the psychiatrist
or the duly designated jail warden for specific purposes.
96. g. Risk Assessment - A risk assessment tool shall be utilized to determine the level of
violence/risk the inmate poses, either external or internal. This will help in the proper
classification and segregation of inmates and in the
design of specific development plans.
h. Psychiatric Evaluation - Using the results of the psychological examination, social case
study, and risk assessment, the psychiatrist conducts a psychiatric evaluation to determine the
present mental state of the inmate and to diagnose any existing psychiatric illness for further
treatment. The result will be recorded and shall bear the signature of the psychiatrist who
conducted the examination.
97. i. Case Management - Each inmate will be assigned to a specific case manager who may either be a
psychologist, a social worker or a nurse. The case manager shall be responsible for the consolidation
of all the results and shall make the proper decision as to the classification of the inmates and the
identification development programs for each inmate.
j. Inmate Orientation and Counseling - While undergoing assessment, the inmate shall be oriented
on the basic jail rules and regulations. He/she shall be introduced to the different development
programs that would best promote his/her personal growth. In this phase, the newly committed inmate
shall likewise undergo counseling for him/her to develop better coping skills thereby preventing
psychological imbalance in the early phase of incarceration.
k. Inmate Evaluation and Classification - Using the different tools of assessment, the newly
committed inmate will now be classified based on the level of risk and present physical, mental and
emotional state.
98. l. Proper Cell Assignment and Development Plans - After the inmate has undergone all the
assessments, his/her case manager shall consolidate all the results. Based on the results of the
final evaluation, the inmate may then be assigned to the cell that is deemed best for his/her growth
and well-being.
m. The newly committed inmate is encouraged to participate in the recommended
development programs.
n. Monitoring - After the inmate has been transferred to his/her assigned cell and has been
attending the prescribed development programs, the case manager shall periodically monitor, and
change and enhance inmate's development program/s depending on his or her behavioral
progress.
99. DISCIPLINARY BOARD –
A disciplinary board shall be organized and maintained for the purpose of hearing disciplinary
cases involving any inmate who violates jail rules and regulations. It shall be composed of the
following:
Chairperson - Assistant Warden
Member - Chief, Custodial/Security Office
Member - Medical Officer/Public Health Officer
Member - Jail Chaplain
Member - Inmates Welfare and Development Officer
Member - Inmates’ Representative
If the above composition is not feasible because of personnel limitation, the warden
shall perform the board’s functions and he shall act as the summary disciplinary officer.
100. AUTHORIZED DISCIPLINARY ACTIONS/MEASURES FOR INMATES - The Board is authorized
to impose any of the following disciplinary ACTIONS/MEASURES:
1. For Detainees:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Temporary or permanent cancellation of all or some recreational privileges;
d. Reduction of visiting time;
e. Close confinement in a cell for a period not exceeding seven (7) days in any
calendar month, provided that this disciplinary action shall be imposed only in the
case of an incorrigible inmate, and when other disciplinary measures had been
proven ineffective; and
f. Transfer to another BJMP jail in the area, in coordination with the Court.
101. 2. For Prisoners:
a. Admonition or verbal reprimand;
b. Restitution or reparation;
c. Additional job functions/community service within the jail premises;
d. Temporary or permanent cancellation of some or all recreational privileges;
e. Reduction of visiting time;
f. Close confinement in a cell for a period not exceeding seven (7) days in any calendar
month, provided that this disciplinary action shall be imposed only in the case of an
incorrigible inmate, and when other disciplinary measures had been proven ineffective;
g. Transfer to another BJMP jail in the area in coordination with the Court;
h. Suspension of visiting privileges for a period not exceeding one (1) month, provided that
this sanction shall not apply to the lawyer, physician or religious minister serving the needs of
the prisoner.
i. Permanent cancellation of visiting privileges with respect to persons not included in the
definition of immediate family under RA 7438, provided that this sanction shall not apply to
the lawyer, physician or religious minister serving the needs of the prisoner.
102. In addition to the above-mentioned punishment, the disciplinary board may
recommend to the warden partial or full forfeiture of good conduct time
allowance (GCTA) to be earned for a particular month and subsequent
months depending upon the gravity of the offense.
103. LIMITATIONS ON DISCIPLINARY PUNISHMENT FOR INMATES
-The Disciplinary Board shall consider the following limitations when imposing disciplinary
punishment:
a. No female inmate shall be subjected to any disciplinary punishment which might affect
her unborn or nursing child;
b. No infirm or handicapped offender shall be meted out punishment, which might affect
his/her health or physical well-being;
c. Corporal punishment, confinement in dark or inadequately ventilated cells and any form of
cruel, unusual, inhumane or degrading punishment are absolutely prohibited;
d. When necessary, the jail physician shall visit the detainee/prisoner undergoing punishment
and shall advise the warden of the need for the termination of the punishment imposed upon
the inmate on grounds of the inmate's physical or mental health;
104. e. Instruments of restraint, such as handcuffs, leg irons and straitjackets are not to be
applied as a form of punishment. They shall only be used as a precaution against escape
and on medical grounds to prevent an offender from injuring himself or others;
f. Breaches of discipline shall be handled without anger or emotionalism and decisions shall be
executed firmly and justly; and
g. As a general rule, any violation of jail rules and regulations or misconduct committed by the
inmate shall be dealt with accordingly.
In extreme cases where the violation necessitates immediate action, the warden or the officer of the
day may administer the necessary restraints and report the action he or she has taken to the
disciplinary board.
105. MODES AND GUIDELINES FOR RELEASE –
The following modes and guidelines shall be observed when inmates are to be released
from detention:
1. An inmate may be released through:
a. Service of sentence;
b. Order of the Court;
c. Parole;
d. Pardon; and
e. Amnesty.
2. Before an inmate is released, he/she shall be properly identified to ensure that
he/she is the same person received and is subject of release. His/her marks and
fingerprints shall be verified with those taken when he/she was received. Any changes or
differences in his/her distinguishing marks and scars shall be investigated to ascertain
his/her real identity in order to prevent the mistaken release of another person;
106. 3. No inmate shall be released on a mere verbal order or an order relayed via telephone. The
release of an inmate by reason of acquittal, dismissal of case, payment of fines and/or indemnity, or
filing of bond, shall take effect only upon receipt of the release order served by the court process
server. The court order shall bear the full name of the inmate, the crime he/she was charged with,
the criminal case number and such other details that will enable the officer in charge to properly
identify the inmate to be released;
4. Upon proper verification from the court of the authenticity of the order, an inmate shall be
released promptly and without unreasonable delay;
5. Under proper receipt, all money earned, other valuables held and entrusted by the inmate upon
admission, shall be returned to him/her upon release; and
6. The released inmate shall be issued a certification of discharge from jail by the warden or his/her
authorized representative.
107. PROCEDURE ON RELEASING - The procedures shall be observed when inmates are to be released from
detention.
1. Desk Officer
Upon receipt of release order, the desk officer shall coordinate with the paralegal officer for
verification of the authenticity of said order.
2. Paralegal Officer
Verifies the authenticity of the release order.
3. Records/Admin Officer
a. Starts processing inmate’s release.
b. Checks inmate records to ensure that the data in the release order coincide with the data
in the inmate’s carpeta (spelling of name, offense, Criminal Case Number, etc.).
c. Checks that the inmate has no other pending case/s.
d. Routes the release paper to different signatories.
108. 4. Property Custodian
1. Checks on the receipt of property and returns to the inmate his/her deposited items.
2. Makes sure that returned items of the inmate are duly received and properly recorded.
5. Desk Officer
Records the release of inmate and the condition of the inmate upon his/her release.
6. Jail Warden
Reports to concerned agencies/persons the release of inmate for aftercare program. Upon release of
the inmate, the warden shall notify the following agencies/persons:
Barangay Captain - mandatory
Priest or religious minister - mandatory
Family - if release is not witnessed by any member of
immediate family
Court - in case of convicted inmate
110. Conduct surprise searches on inmates and inspection of their quarters and other
areas accessible to inmates at least once a week to detect and flush out contraband;
Maintain a key control center for storing keys that is inaccessible to inmates and
unauthorized persons. There shall be an accounting system for issuing and returning of
keys. There shall be a reporting system for documenting and repairing broken or
malfunctioning keys or locks. Inmates shall be prohibited from handling jail security
keys;
Never allow any personnel with firearms on areas of inmates and/or in any area
intended for inmates’ activities;
Conduct regular count of inmates at least five to six (5-6) times within a 24-hour
period and strictly implement the established procedures in counting inmates.
Personnel conducting the count shall record the result;
111. Use of force shall be limited to instances of justifiable self defense, prevention of self-
inflicted harm, protection of others, prevention of riot, commission of a crime, escape
or other jail disturbance and to controlling or subduing an inmate who refuses to obey
a lawful command or order;
112. SECURITY PROCEDURES DURING MEAL SERVICE -
Security must be considered in serving food inside the cells/quarters. A jail
officer should not enter the inmates’ quarters to distribute food unless
another officer is available to handle the keys and control the entrance door.
113. MAIL SERVICES AND CENSORSHIP
- Mail service shall be provided to all inmates provided that all outgoing and incoming
mail matters are passed through a designated Censor Officer in order to
intercept any contraband or illegal articles and any information affecting the
security of the jail.
114. EMERGENCY PLANS/CONTINGENCY PLANS -Emergency
plans for both natural and man-made calamities and other forms of jail disturbances shall be
formulated to suit the physical structure and other factors peculiar to every jail, such as:
REGULAR DRY- RUN - To ensure that the contingency plans would be applied to the letters,
regular dry run shall be conducted taking into consideration the actual strength of the jail per shift
and the absolute reaction of personnel on off duty upon notice of disturbance/s. Regional and
provincial offices of the Jail Bureau shall adopt its own contingency plans on how to react upon
notice of any disturbance in the jail and on its own offices. The same shall likewise conduct a
regular dry-run to ensure effective and well-organized reaction.
115. SPECIAL TACTICS AND REPONSE (STAR) TEAM
It is an elite tactical unit trained to perform high-risk operations that falls outside the
operational abilities of the regular BJMP personnel and is equipped with specialized
skills and sophisticated firearms and equipment. A ready force is composed of highly
trained BJMP personnel and experts in dealing with high risk, high profile inmates and
VEO’s, as well as in controlling critical jail disturbance and incidents
116. QUICK RESPONSE TEAM (QRT)
It is created purposely to respond immediately and efficiently and to contain, control, and solve in
the shortest possible time any form of jail incidents/disturbance while waiting for the arrival of
reinforcement from the National/Regional STAR team/s and friendly forces.
It is imperative that all jails nationwide have Quick Response Team/s (QRT). As first responders,
members of the QRT must undergo trainings and seminars for them to be equipped with the
knowledge and skills in jail incident management.
117. GREYHOUND FORCE - It aims to eliminate in all BJMP manned facilities any form of contrabands that could
have adverse implications on overall administration of the facilities and to ultimately establish order in all jails,
promote operational efficiency and encourage adherence to prescribed operating policies.
A. Duties and Responsibilities
1. Ground Commander - All orders concerning troop movements will emanate from him. Irrespective of the
hierarchy of command, no authority shall take precedence or overrule his directives until his relief as ground
commander.
2. Team Leaders - Sub-groups or teams that make up every task group will each have its designated team
leader. The team leader shall take direct hand in overseeing the movements of the elements of his team while
simultaneously maintaining close coordination with the ground commander. He shall take responsibility in
maintaining fluidity in the execution of his team’s designated functions. He shall regularly inform the ground
commander about the status or progress of the operation.
3. Assistant Team Leaders - Sub-groups or teams that make up every task group will each have its designated
assistant team leader. The assistant team leader shall, in aid of the team leader, be responsible in overseeing
the movements of the elements of the team. He shall take custody of the personal belongings of the operatives.
118. OPERATIONS GROUP
1. Security Teams – They shall ensure the security of operatives throughout the span of the operation.
a. Perimeter Security Elements – They shall secure the perimeter of the facility.
b. Holding Area Security Elements – They shall secure the holding area of the inmates.
2. Contraband Search and Seizure Teams - They shall be responsible in thoroughly searching and
checking the quarters of inmates and personnel for contraband and such other items that may pose hazards
to the overall security of the facility.
a. Team Supervisor - Other than the team leader and the assistant team leader, a team supervisor will be
designated to directly oversee the inspection of each cell. He shall be responsible in making sure that all
items confiscated are properly documented, tagged and turned-over to the contraband custodian.
b. Searching Elements - They shall be primarily responsible in the search and seizure of contraband and the
removal of unauthorized structures inside the facility.
c. Inmate Representative - An inmate made to witness the operation must come from the particular cell
being searched. He will act as the representatives of his fellow inmates to validate the claims of ownership of
the items seized.
119. 3. Friskers
a. Friskers of Personnel - They shall have all operatives designated to frisk inmates and cell
searchers frisked before the conduct of the search and seizure operations. They have to make sure
those designated friskers of inmates and cell searchers do not bring any of their personal belongings
with them in the conduct of their function to preclude malice that these possessions were ill-gotten;
hence, they have to have their personal belongings turned-over to their designated assistant team
leader for safekeeping. They will likewise ensure that personnel directly handling contraband do not
furtively take any of the items they have confiscated.
b. Friskers of inmates - They shall have all inmates lined up and frisked before sending them to
the holding area. Any contraband found to have been concealed by the inmate will be confiscated
and turned over to the recorder for proper documentation.
c. Strip Searching-in-Charge - He shall primarily be responsible, when deemed necessary, to have
inmates stripped in search for contraband. It will likewise be his primary responsibility to coordinate
with the legal services group in executing legal procedures as not to infringe the rights of the inmate
being subjected to strip search. In no manner will the person supervising the strip search be allowed
to touch his subject in any part of his body during the searching process.
120. 4. Contraband Custodian - He shall be primarily responsible in taking custody of all confiscated
contraband before these are turned-over to the jail warden.
a. Contraband Inventory Control-in-Charge - He shall be responsible in maintaining a theoretical
and an actual inventory account of all confiscated contraband.
5. Contraband Recorder - He shall be responsible in the on-site recording of all contraband
confiscated.
a. Facility Representative - He shall act as the representative of the jail warden of the facility
inspected. He shall maintain a separate record of all contraband confiscated to be reconciled with
the theoretical inventory report being maintained by the contraband recorder. In the absence of the
jail warden, he shall take part, in a representative capacity in the validation of inventory balances
during the turn-over of custody of all contraband to the former.
b. Contraband Sorters - They shall take primary responsibility in the sorting, labeling and
confiscated contraband.
121. C. Service Support Group
1. Medical Support Team - A stand-by medical unit shall take responsibility in attending to medical
cases, giving proper medical attention.
2. Intelligence Support Services Team - They shall gather information before and during the
conduct of operations to enable the operating teams to accurately purge its targets. At the same
time, they shall maintain coordination with the ground commander.
3. Investigation and Legal Services Support Group - They shall be responsible for information
gathering and facility inspection after the conduct of Greyhound Operations to ensure that the items
confiscated were not returned inside the facility. It is their prime responsibility to ensure that all legal
requirements are met to support the legitimacy of the operations and as not to infringe the rights of
the clientele or other personalities who will be affected by the operation.
4. Administrative Support Team - They shall be responsible in the detailed documentation of the
progression of the operations. They shall likewise properly observe the hierarchy of events in their
documentation before, during and until the termination of the operations.
122. E. Crisis Management Group - They shall be responsible in taking measures to abate the tension
in the event of crisis situations until the intervention of crisis response authorities.
1. Negotiations Team - In crisis situations where negotiations are practicable it will be the role of
the negotiations team to establish meeting points to neutralize the situation. In deteriorating crisis
situations it will be their role to sustain making arrangements until the intervention of crisis
response authorities.
2. Liaison Team - They shall be responsible in providing for tasks or errands incidental to the
crisis situation/operations.
3. Tactical Response team - In the event that a crisis deteriorated beyond the capabilities of the
BJMP to handle, the aid of an ally tactical response team will be sought.
123. F. Communications and Media Control Group
1. Media Barricade - They shall be responsible in controlling/regulating media access to
the subject jail facility of the Greyhound Operation. In no way will members of the media
barricade team entertain queries or give any information as to the status of the operation.
2. Spokesperson - He shall be responsible in making informative disclosures to media
about the operations as directed by the ground commander. In no way shall he engage
himself in making or giving a statement or statements to the media at his own volition. Every
statement made and information disclosed must be limited only to what is authorized of him
to convey.
124. a. Riot
a.1 Open Field
a.1.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue, and control
incident.
a.1.2 Assessing the danger of the situation by considering the number of inmates involved in
the riot, whether or not inmates are armed, the violent reputation of apparent leaders, and external
factors such as the weather, time, possibility of escalation, and other external threats.
a. 2 Close Field
a.2.1 Use of negotiation, persuasion and verbalization to contain, pacify, subdue and control
incident.
b. Noise Barrage
b.1 Lock up inmates to ensure perimeter security.
b.2 Dialogue and negotiate with inmates. If inmates are compliant, gather all inmate leaders for
further dialogue and open forum.
b.3 Never resort to any use of force as long as inmates are only doing noise barrage and the
incident does not escalate into a more serious one.
125. c. Hostage taking
The warden or his duly authorized representative must consider the following factors before making
any decision regardless of the demands of the hostage takers:
-Whether or not hostage taker/s is/are armed;
-Whether or not the victim is a fellow inmate, jail personnel or civilian;
-Number of inmates involved in the hostage taking;
-Number of hostages; and
- Length of time.
c.1 Maintain and establish communication with the hostage takers. It is imperative that an
experienced hostage negotiator be designated as the primary negotiator. The first five (5) minutes is
critical, hence the jail officer nearest the incident must apply verbal containment techniques by
negotiating with the hostage-taker until an experienced negotiator arrives.
c.2 Evacuate inmates who are not involved with the incident into a more secured place to avoid
taking advantage of the situation and to ensure their safety. Contain the scene of incident by putting
up a security perimeter that will prevent other from entering the scene except the responder.
128. WHAT IS CORRECTION?
Correction is the branch of the administration of Criminal Justice System
charged with the responsibility for the custody, supervision and rehabilitation
of convicted offenders. It is also define as the STUDY OF JAIL OR PRISON
MANAGEMENT AND ADMINISTRATION as well as the rehabilitation and
reformation of criminals.
129. DUAL PURPOSE OF CORRECTIONS
1.To punish and
2.To rehabilitate the offender.
130. THE CORRECTIONS AS A COMPONENT OF CRIMINAL JUSTICE SYSTEM
Correction is the fourth pillar of the PCJS, and considered to be as the weakest pillar. As
in charge in the custody of Persons Deprived of Liberty (PDL) in the CJS, it utilizes the body of
knowledge and practices of the government and the society in general involving the process of
handling individuals who have been convicted of offenses for purposes of crime prevention and
control.
In addition, jail administration and control in our country is administered by the following;
1. The BUREAU OF CORRECTIONS (BUCOR), under the DOJ; which has supervision over
the national penitentiary and its penal farms;
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), under the DILG; which
has the exclusive control over all city, municipal and district Jails nationwide;
3. The PROVINCIAL GOVERNMENTS, under DILG; which supervise and control their
respective provincial and sub-provincial Jails; and
4. the DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD), which takes
care of, among others, youthful offenders entered in detention centers for juveniles, aside
from these,
131. On the other hand, agencies who are tasked to provide Community Based
Correction program are hereunder;
1. The Parole and Probation Administration (PPA) under the Department of
Justice (DOJ); and
2. The Board of Pardons and Parole also under the Department of Justice.
132. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM
The Correctional System in the Philippines has two approaches, namely,
the Community based and
institution-based systems.
133. The Institution-Based Approach-
The rehabilitation of offenders in jail or prison. The institution-based
approaches has three levels and are manned by three different government
agencies responsible for the supervision and control of the numerous institutional
facilities nationwide which provide safekeeping and rehabilitation of inmates,
namely:
1. The national prison’s and penal farms under the Department of justice;
2. The provincial and sub-provincial jails under the provincial government;
and
3. The City, Municipal and District Jails under the Department of Interior and
Local Government.
The Bureau of corrections, headed by a Director, under the department of
Justice, supervises and controls the national prisons and penal farms.
134. Non-Institutional Correction or Community-Based Approach- It refers to
correctional activities that may take place within the community or the method of
correcting sentenced offenders without having to go to prison.
They are either granted probation, parole, conditional pardon or
recognizance. The parole and probation Administration under the
Department of Justice is the government agency that supervises the activities of
the probationer, parolee and pardonee and monitors his compliance with
conditions imposed.
135. ADVANTAGES OF COMMUNITY-BASED CORRECTION
1. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family.
2. Rehabilitation will be more effective as the convict will not be exposed to
hardened criminals in prisons who will only influence him to a life of crime.
3. Rehabilitation can be monitored by the community thus corrections can
be made and be more effective.
4. It is less costly on the part of the government. Cost of incarcerations will
be eliminated which is extremely beneficial on the part of the government.
136. PROBATION DEFINE
The word probation is from the Latin word “probatio” which means testing. the
word probation is also said to be originated from the Latin verb “probare” which
means to prove.
In criminal law it is a period of supervision over an offender, ordered by a court
instead of serving time in prison.
The Philippine Probation Law of 1976, as enacted by Presidential Decree No.
968, defines probation as, "a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer."
137. FOUR (4) ESSENTIAL ELEMENTS OF PROBATION
1.A post sentence investigation report which will serve as the
informational for the court’s decision to grant or deny probation.
2.The conditional suspension of execution of sentence by the court.
3.Condition of probation imposed by the court to protect public safety
and to faster the rehabilitation and reformation of the probationer.
4.Supervision, guidance and assistance of the offender by a probation
officer.
138. ESSENTIAL ELEMENTS OF THE PROBATION SYSTEM UNDER
PRESIDENTIAL DECREE NO. 968
The following are the essential elements of the probation system under
Presidential Decree No. 968:
1.Probation is a single or one-time" affair.
2.Probation system is highly selective.
3.Persons under probation retain their civil rights, like the right to
vote, or practice one's profession, or exercise parental or marital
authority.
140. WHO IS MATHEW DAVENPORT HILL?
Mathew Davenport Hill is considered the father of probation in
England. He left an interesting account of his experiments in the
Birmingham court. He was in the forefront of reforming juvenile offenders.
He finds persons who act as guardians of the juvenile offender. Then at an
unexpected period, the confidential officer visits the guardian, makes
inquiries and keeps notes of information received.
141. WHO IS JOHN AUGUSTUS?
John Augustus is the father of probation in the USA. He is a Boston
shoemaker, first to develop a sustained service to promote temperance and to
reclaim drunkards. Although later he begun to take men and woman charged
with other crimes, then eventually children. As indicated by the story of the first
case, his method was to provide bail for a temporary suspension or postponement
of sentence, during which he sought to counsel and assist such persons find
homes, securing employment and adjusting family difficulties. At the end of the
probation period, he brought back the offender to court, and if no further complaint
had been lodged against the offender, the judged imposed a nominal fine with
costs. If the man was too poor, Mr. Augustus advanced the amount, usually as
loan.
142. The Adult Probation Law of 1935
The Philippine Legislature enacted the first probation of the Philippines. The first
legislation was Act No. 4221 enacted by the Philippine legislature on August 07,
1935 and which created a Probation Offices under the Department of Justice led by
a Chief Probation Officer appointed by the American Governor General with the
advice and consent of the United States. This Law provided probation for the first
time offenders, eighteen years of age and over, convicted of a certain crime.
However, the law stayed in the statue Books for only Two years. The act
subsequently declared unconstitutional by the Supreme Court on Nov. 16, 1937 in
People vs. Vera 37 O.G. 164.
HISTORY OF PROBATION IN THE PHILIPPINES
143. THE RULES AND LIMITATIONS IN THE
GRANT OF PROBATION
144. GRANT OF PROBATION
Section 4 of PD 968 - Subject to the provisions of this Decree, the court may, after
it shall have convicted and sentenced a defendant and upon application at any time
of said defendant, suspend the execution of said sentence and place the
defendant on probation for such period and upon such terms and conditions
as it may deem best.
Probation may be granted whether the sentence imposes a term of
imprisonment or a fine only. An application for probation shall be filed with the
trial court, with notice to the appellate court if an appeal has been taken from the
sentence of conviction. The filing of the application shall be deemed a waiver of
the right to appeal, or the automatic withdrawal of a pending appeal. (As
amended by PD 1990).
145. QUESTION
Will probation be automatically granted to one whose sentence is six (6) years or
less? No, the offender must fit the criteria under Section 8 of PD 968.
146. Under Section 8 of PD No. 968, in determining whether an offender may be placed on probation,
the court shall consider all information relative, to the character, antecedents, environment,
mental and physical condition of the offender, and available institutional and community
resources. Probation shall be denied if the court finds that:
1. The offender is in need of correctional treatment that can be provided most effectively by
his commitment to an institution; or
2. There is undue risk that during the period of probation the offender will commit another
crime; or
3. Probation will depreciate the seriousness of the offense committed.
However, under Sec. 70 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act
of 2002, the first-time minor offender who upon promulgation of the sentence, the court may,
in its discretion, placed the accused under probation, even if the sentence provided under Sec.
11 of the Act is higher than that provided under Probation Law.
147. PROBATION IS NOT A MATTER OF RIGHT BUT A PRIVILEGE
In the above case of TOLENTINO VS. JUDGE ALCONCEL, the Supreme Court
held that, probation is a mere privilege and its grant rests solely upon the
discretion of the court. This discretion is to be exercised primarily for the benefit of
organized society and only incidentally for the benefit of the accused.
Probation cannot be demanded as a matter of right. It is a privilege. Hence,
only those persons who are qualified may apply for probation. Its grant depends
upon the discretion of the trial court. No person shall be placed on probation
except upon prior investigation by the probation officer and a determination by the
court that the ends of justice and the best interest of public as well as that of the
defendant will be serve thereby.
148. The grant of probation results in the release of the petitioner subject to the
terms and conditions imposed by the court and to the supervision of
Probation Officer.
However, under R.A. 9344 or Juvenile Justice and Welfare Act of 2006,
a Child in Conflict with the Law (CICL) is granted the right to probation as
an alternative to imprisonment if qualified under the Probation Law.
149. BASIS OF GRANTING PROBATION
In DELA CRUZ VS. CALLEJO; the basis of granting probation is the
sentence imposed by the trial court. Convicted for highway robbery
sentence to 11 years, 4 months and 1 day 12 years penalty was reduced to 1
year, 8 months and 5 months and 1 day. He applied for probation on the basis
of the appellate court. Trial court denied. Supreme Court denial is proper to
the provision of the law.
150. PROBATION IS NOT A SENTENCE
In Baclayon vs. Mutia, 129 SCRA 148 (April 30, 1984) it was held that an order
placing defendant on "PROBATION" IS NOT A "SENTENCE" but is rather in
effect a suspension of the imposition of sentence. It is not a final judgment
but is rather an "interlocutory judgment" in the nature of a conditional order
placing the convicted defendant under the supervision of the court for his
reformation, to be followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by a final judgment of
sentence if the conditions are violated.
Probation is not a suspension of sentence. A suspension of sentence
postpones execution of sentence for a definite time, while probation suspends
sentence during good behavior.
151. HOW MANY TIMES CAN ONE BE GRANTED PROBATION?
An offender can be granted probation ONLY ONCE IN HIS LIFETIME.
152. GRANTING OR DENYING PROBATION NOT BE APPEALABLE
Under PD No. 1990, an order granting or denying probation shall
not be appealable.
153. WHO ARE QUALIFIED TO PROBATION?
Any first time convicted offender, 18 years of age and above not otherwise
disqualified under PD 968 as amended can apply for probation before serving
the sentence which may either be imprisonment of fine with subsidiary
imprisonment, or both imprisonment and fine.
The age of offender qualified for probation is 18 years and above. PD 1179
which amended PD 603 lowered the age of youthful offenders under 18 years
old.
154. QUESTION
Are all convicted persons who are not disqualified entitled to probation
automatically?
No. Under PD 968; the court will not grant probation if after investigation
conducted by the probation officer, it finds that:
1. The offender can be treated better in an institution or other places for
correction;
2. The offender is a risk to the community;
3. Probation will depreciate the gravity of the offense.
155. DISQUALIFIED OFFENDERS FOR PROBATION (Section 9, PD 968)
Under Section 9 of PD 968, the benefits of probation shall not be extended to:
1. Those sentenced to serve a MAXIMUM TERM of imprisonment of MORE THAN
SIX (6) YEARS;
Note: the six years maximum refers to the sentence actually imposed, and not
that prescribed by law for the offense committed.
2. Those convicted of subversion or any crime against the national security or
public order;
156. CRIMES AGAINST NATIONAL SECURITY CRIMES AGAINST PUBLIC ORDER
1. Treason
2. conspiracy and proposal to commit
treason
3. misprision of treason
4. espionage
5. inciting to war or giving motives for
reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy’s country
9. piracy
10.qualified piracy
1. Rebellion or insurrection
2. Conspiracy and proposal to commit
rebellion
3. Sedition
4. Conspiracy to commit sedition
5. Inciting to sedition
6. Acts tending to prevent the meeting of
assembly and similar bodies
7. Disturbance of proceedings
8. Direct assault
9. Indirect assault
10.Coup d’etat
157. 3. Those who have previously been convicted by final judgment of an offense
punished by imprisonment of not less than one month and one day and/or a fine of not
less than Two Hundred Pesos;
PREVIOUS CONVICTION FINE:
if one month - qualified for
probation
if one month and one day or
more - disqualified for
probation
less than two hundred pesos -
qualified for probation
two hundred pesos or more -
disqualified for probation
158. 4. Those who have been ONCE on probation under the provisions of PD No. 968, as amended;
Accordingly, one who has been on probation only under the child and Youth Welfare Code
as amended and the Dangerous Drugs Code of 1972 as amended will not be disqualified.
The reason form this is that the treatment given under those latter laws is of a different kind
from that under PD 968 as amended.
5. Those who are already serving sentence at the time substantive provisions of the decree
became applicable pursuant to section 33 of PD 968. (As amended by BP Blg. 76, and PD
1990, October 5, 1985)
159. WHERE AND WHEN TO FILE THE PETITION FOR PROBATION?
The application for probation shall be filed by sentenced or convicted offender whose sentence
is not more than 6 years imprisonment. It shall be filed with the court that tried and sentenced the
offender.
WHERE: A petition for probation shall be filed by the applicant for probation or the petitioner with
the courts that tried and sentenced the offender at any time before the imprisonment starts.
WHEN: Anytime before the offender starts serving his sentence but within period for perfecting
an appeal or fifteen (15) days from the promulgation or notice of the judgment of conviction.
However, under Section 42 of R.A. 9344, the Juvenile Justice and Welfare Act of 2006, the court
may, after it shall have sentenced a Child In Conflict with the Law and upon application at anytime
placed the child on probation in lieu of service of his sentence.
160. PROCEDURE UNDER PD NO. 968 –
The following are the procedure in the application for probation:
1. The defendant must file a petition before the trial court which exercise
jurisdiction over his case; an application for probation after he has been
sentenced but before he begins to serve the sentence. There are two forms of
petition: WRITTEN and ORAL.
NOTA BENE: But for purposes of recording, application made orally should be
reduced into writing.
2. If the defendant has been convicted and has appealed the sentence of
conviction, an application for probation cannot be entertained. As a general rule,
No application for probation shall be entertained or granted if the defendant
has perfected an appeal from the judgment or conviction.
NOTA BENE: Filing an application shall be deemed a waiver of the right to
appeal.
161. 3. Notice to the prosecuting officer: The prosecuting officer concerned shall be notified by the
court of the filing of such application. The prosecuting officer must submit his comment on
such application within 10 days from receipt of the notification.
4. Referral to probation office: If the court finds that the petition is in due form and that the
petitioner appears not to be disqualified for the grant of probation. The probation should be
entertained by the court by ordering the probation officer to conduct an investigation (PSI) of
the offender provided he is not disqualified under the decree.
While it is discretionary with the court to grant or deny an applicant for probation, the Probation
Law requires that an investigation be first conducted by the probation officer who shall submit
his report within 60 days from receipt of the court’s order. However, the court may in its
discretion extend the 60 days period. Only thereafter shall the court resolve the application, an
outright denial by the court is a nullity correctable by certiorari. (De Luna vs. Hon. Medina, CA
78 D.G. 599; Del Rosario vs. Hon. Rosero, GR 65004, Nov. 29, 1983)
162. To summarize, the following are the
procedures in Applying for Probation:
163. What is post sentence investigation?
An investigation conducted by a probation agency or other designated
authority at the request of a court into the past behavior, family
circumstances, and personality of an adult who has been convicted of
a crime, to assist the court in determining the most appropriate sentence.
It refers to the investigation conducted by a probation officer to obtain
information regarding petitioner’s character, antecedents, environment,
mental and physical condition with the aim of determining whether the
latter is qualified and suitable for released under probation.
164. Initial Interview Work Sheet: Waiver. –
Within five (5) working days from receipt of said delegated assignment (or self -assignment),
the investigating Probation Officer on case (or Chief Probation and Parole Officer) shall initially
interview the applicant if he appeared in the Probation Office upon response to the seventy-
two (72) hours limitation given to him by the Trial Court. If not, the Probation Officer on case
may write the applicant in his court given address, or personally visit applicant's place to
schedule an initial interview at the Probation Office.
During such initial interview, the Probation Officer on case or CPPO shall require the
applicant to accomplish and sign a Post-Sentence Investigation Work Sheet (PPA Form1).
The investigating Probation Officer on case or CPPO shall conduct further investigation based on
the information contained therein.
A Waiver-Cum-Authorization (PPA Form 2), authorizing the PPA and/or Probation Office to
secure any and all information on the applicant, shall be duly executed and signed by him.
165. Absconding Applicant. – If the applicant whose application for probation
has been given due course by the proper court has failed to present
himself/herself to the proper Office within seventy-two (72) hours from
his/her receipt of the Probation Order or within reasonable time
therefrom, said Office shall first exert best diligent efforts to inquire on,
search, find and locate his/her whereabouts before it shall report such fact
with appropriate recommendation to the proper court, considering the
surrounding circumstances of place, date and time, his/her health condition
and other related factors.
166. Is the petitioner had Right to Counsel During the post-sentence
investigation and covered by Republic Act No. 7438?
During the post-sentence investigation petitioner had no Right to
Counsel. The probation law has no provision guaranteeing the right to
counsel in the investigation of a petitioner. The constitutional guarantee of
right to counsel will not apply because the investigation by the probation
officer is neither prosecutory nor accusatory in character.
Further petitioner as well is not covered by Republic Act No. 7438 providing
right of the accused during custodial investigation.
167. POST SENTENCE INVESTIGATION REPORT (PSIR)
Post sentence investigation report is refers to the report submitted
by a probation officer within 60 days from receipt of the order of said
court to conduct the investigation containing his/her recommendation in
the grant or denial of the application for probation.
168. QUESTION
Can the offender be released while his application for probation is pending?
Yes, at the discretion of the court. Pending submission of the PSIR and the resolution of the
petition for probation, the defendant may be ALLOWED temporary liberty or released by
virtue of BAIL.
a. On the same bond he filed during the trial in the criminal case,
b. On a new bond or
To the custody of a responsible member of the community if unable to file a bond - In case
NO BAIL was filed or that defendant is incapable of filing one, court may allow the release of
defendant on RECOGNIZANCE to the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court (sec. 21,
rule 114-Rules on Criminal Procedure)
169. GRANT OF THE PETITION
Once probation is granted, the execution of sentence will be
suspended. The court if grants the petition will issue the appropriate
Probation Order and the petitioner will be release to the community subject
however to the terms and condition imposed by the court, with the
supervision of probation officer.
If the court grants probation – the court imposes condition that defendant
seems to be arbitrary – mental must he does need instruction.
170. EFFECTIVITY OF THE PROBATION ORDER (SECTION 11, PD NO. 968)
Under Section 11 of PD 968 , a probation order shall take effect upon its
issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of
the conditions prescribed in the said order or his commission of another
offense, he shall serve the penalty imposed for the offense under which he was
placed on probation.
A probation order shall take effect upon its receipt by the petitioner, and on
the same date the probation period shall commence, unless otherwise
specified by the court.
171. EFFECT OF DISMISSAL OF THE PETITION
What will happen if the application for probation is denied?
Ans. The offender will be sent by the sentencing court to prison to serve
his sentence.
172. CHANGE OF RESIDENCE
Section 42 Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. Change of Residence: Transfer of Supervision. –
(a)A Probationer may file a Request for Change of Residence (PPA Form 24) with the City or
Provincial Parole and Probation Office, citing the reason(s) therefore this request shall be
submitted by the Supervising Probation Office for the approval of the Trial Court.
(b) In the event of such approval, the supervision and control over the probationer shall be
transferred to the concerned Executive Judge of the RTC, having jurisdiction and control
over said probationer, and under the supervision of the City or Provincial Parole and
Probation Office in the place to which he transferred.
173. OUTSIDE TRAVEL
Section 41 of Parole and Probation Administration Omnibus Rules on Probation Methods
and Procedure. Purpose. Outside Travel. –
(a)A Probation Officer may authorize a probationer to travel outside his area of
operational/territorial jurisdiction for a period of more than ten (10) days but not exceeding
thirty (30) days.
(b)A Probationer who seeks to travel for up to thirty (30) days outside the
operational/territorial jurisdiction of the Probation Office shall file at least five (5) days before
the intended travel schedule a Request for Outside Travel (PPA Form 7) with said Office
properly recommended by the Supervising Probation Officer on case and approved by the
CPPO.
(c) If the requested outside travel is for more than thirty (30) days, said request shall be
recommended by the CPPO and submitted to the Trial Court for approval.
Outside travel for a cumulative duration of more than thirty (30) days within a period of six (6)
months shall be considered as a courtesy supervision.
174. PERIOD OF PROBATION AND ITS IMPLICATION (Sec. 14 of PD 968)
I. PERIOD OF PROBATION
a. If the convict is sentenced to a term of imprisonment of NOT MORE THAN ONE (1),
the period of probation shall NOT EXCEED TWO (2) YEARS.
b. In all cases, if he is sentenced to MORE THAN ONE (1) YEAR, said period SHALL
NOT EXCEED SIX (6) YEARS.
c. When the sentence imposes a FINE ONLY and the offender is made to SERVE
SUBSIDIARY IMPRISONMENT in case of insolvency, the period of probation shall
NOT BE LESS THAN NOR TWICE the total number of days of subsidiary
imprisonment as computed at the rate established by the RPC Art. 39.
ART. 39: When the principal penalty imposed be only a fine, the subsidiary imprisonment
shall not exceed 6 months if the culprit is executed for grave or less grave felony and
shall not exceed 15 days for light felony.
175. QUESTION
If the probationer committed a crime while under probation, what would be the
consequences?
a. The probationer will be arrested for violation of the condition of probation
b. Prosecution of the new crime committed
The court will order the serving of the original sentence of the previous offense
176. Absconding Probationer. –
A probationer who has not reported for initial supervision within the prescribed period
and/or whose whereabouts could not be found, located or determined despite best
diligent efforts within reasonable period of time shall be declared by the proper Office
as an absconding probationer.
Thereafter said Office shall file with the proper court a Violation Report (PPA Form 8),
containing its findings and recommendation, duly prepared and signed by the
Supervising Parole and Probation Officer and duly noted by the Chief Parole and
Probation Officer.
177. TERMINATION AND CLOSING OF PROBATION CASE (SECTION 16, PD
968)
Section 16 of PD 968 - After the period of probation and upon
consideration of the report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his probation and thereupon the
case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspend as a result of his conviction and to fully discharge
his liability for any fine imposed as to the offense for which probation was
granted.
The probationer and the probation officer shall each be furnished with a
copy of such order.
