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Third Notes in CA 121 1st semester A
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Chapter 2. PHILIPPINE PRISONS AND JAILS: ORGANIZATION, POWERS AND FUNCTIONS
Bureau of Corrections (BuCor)
- The Bureau of Prisons was created by virtue of Re-organization Act
of 1407 dated November 1, 1905, but was renamed as the Bureau of
Corrections (BuCor) under the Department of Justice by virtue of
Administrative Code of 1987 issued on November 23, 1989 and
Proclamation no. 495 of the President of the Philippines and under the Prison
Act of 1917.
- 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.
- On May 24, 2013, President Benigno S. Aquino III signed into law R. No. 10575,
otherwise known as “The Bureau of Corrections Act of 2013”.
- The mainly seeks to provide for the modernization, professionalization and restructuring
of the BuCor by upgrading its facilities, increasing the number of its personnel, upgrading the level
of qualifications of their personnel and standardizing their base pay, retirement and other benefits.
- The new law mandates BuCor to implement a rationalized system of promotion and
performance evaluation system in coordination w/ CSC.
The Missions, Functions and Mandates of the BuCor
Mission
To maximize the assets’ value of the BuCor to effectively pursue its responsibility in safely
securing transforming national prisoners through responsive rehabilitation programs managed by
professional Correctional Officers.
Functions of BuCor
1. To confine prisoners by giving them adequate living spaces as the first conditions to be met
before any effective rehabilitation programs can be undertaken.
2. To prevent prisoners from committing crimes while in custody.
3. To provide humane treatment by affording them human basic needs in the prison environment
and prohibiting cruel methods and provide a variety of rehabilitation program.
The Mandates of the BuCor
- the BuCor shall be in charge of safekeeping and instituting reformation programs to
national inmates sentenced to more than three (3) years.
1. Safekeeping of National Inmates
- the safekeeping of inmates shall include decent provision of quarters, food, water and
clothing in compliance with established United Nations standards.
- the security of the inmates shall be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary grades similar to its counterpart in the
BJMP.
2. Reformation of National Inmates
- the reformation programs, which will be instituted by the
BuCor for the inmates, shall be the following:
1. Moral and Spiritual Program
2. Education and Training Program
3. Work and Livelihood Program
4. Sports and Recreation Program
5. Health and Welfare Program; and
6. Behavior Modification Program, to include
Therapeutic Community
Old Bilibid Prison (National Bilibid Prison)
- the first penal; institution that was constructed in 1847 for the purpose being the central
place of confinement for the Filipino prisoners. It is pursuant to section 1708 of the Revised
Administrative code and formally opened by Royal Decree in 1865.
- It was constructed as the main penitentiary on Oroquieta Street, Manila and designed to
house the prison population of the country.
- This prison became known as the “Carcel y Presidio Correccional” (Correctional Jail and
Military Prison) occupied a rectangular piece of land which was part of the Mayhalique Estate in
the heart of Manila.
- The old prison was established on June 25, 1865 under a Spanish royal decree and had
a capacity of 1,127 prisoners.
- It is divided into two sections:
a. Carcel Section – which accommodate 600 inmates.
b. Presidio – which accommodate 527 prisoners.
- In 1908, a concrete modern hospital with a capacity of 200 beds, as well as new
dormitories for the prisoners was added.
Prisons and Penal Farm in the Philippines (The 7 Penal Institution of the BuCor)
- Philippine prisons are also known as penal colonies or Prison and Penal Farms. There
are a total of seven (7) penal colonies presently under the control and supervision of the Bureau of
Corrections. (Sec. 3, IIR of RA 10575)
1. San Ramon Prison and Penal Farm (SPPF)
- established in San Ramon, Barangay
Talisayan, Zamboanga City on August 21, 1870 by
virtue of Royal Decree in 1869 to confine Muslim
rebels and political prisoners opposed to the
Spanish rule.
- Established during the tenure of Governor
General Ramon Blanco, a Spanish captain in the
royal army (whose patron saints the prison was
named after) as Colonia Penal de San Ramon, the
facility was originally established for prisons
convicted of political crimes.
- It was destroyed during Spanish-American war, was re-established in 1907 but it was in
January 1, 1915 when it was placed under the auspices of the Bureau of Prisons and started
receiving prisoners in Mindanao.
- It is considered the oldest penal facility with an aggregate area of 1,524 hectares.
- The second prison established by the Spaniards.
2. New Bilibid Prison (NBP)
- it was constructed on 1935 by virtue of
Commonwealth Act No. 67. A national prison with
587 hectare lot in Muntinlupa, Rizal.
a. New Bilibid Prisons (Main Building)
– Maximum Security
b. Camp Sampaguita – Medium
Security
c. Camp Bukang Liwayway –
Minimum Security
- The fourth prison was established in the
southern suburb of Muntinlupa, Rizal in 1935, and
was officially named the New Bilibib Prison on
January 22, 1941.
- This was actually a new site for the Spanish period national penitentiary.
- November 15, 1940, all inmates of the Bilibid Prison in Manila were transferred to the new
site.
Correctional Institution for Women-Davao – the CIWM is a satellite prison facility under the
supervision and direction of Davao Prison and
Penal Farm.
- it is the most recent facility organized in
the Bureau of Corrections. It was only inaugurated
in September 18, 2007, the second institution
which branched out from the first and only penal
establishment dedicated in rehabilitating female
offenders.
6. Sablayan Prison and Penal Farm
- built on September 26, 1954
through the proclamation no 72. The
Sablayan Penal Colony was constructed in a
16, 190 hectare lot located in Sablayan,
Occidental Mindoro.
- First prison established by
Philippine Republic.
- Land area: 16, 190 hectares.
7. Leyte Regional Prison
- Constructed in Abuyog,
Leyte. It was established on Janu
ary 16, 1973 under PD. No. 28 and
through Proclamation no. 1101 to
confine prisoners from Visayas.
- The second prison under
Philippine Republic was the Leyte
Regional Prison, it covers a land
area of 801 hectares.
Who is a Prisoner (Person Deprived of Liberty – PDL)?
- A prisoner is a person who is under the custody of 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, and investigation.
- refers to a detainee, inmate, or prisoner, or other person under confinement or custody in
any other matter.
- However, in order to prevent labeling, branding or shaming by the use of these or other
derogatory words, the term “prisoner” has been replaced by this new and neutral phrase “person
deprived of liberty” under Article 10, of International Covenant on Civil and Political Rights
(ICCPR), who “shall be treated with humanity and with respect for the inherent dignity of the
human person.” (Sec. 3 IRR of RA10575)
Classification of Prisoners
1. Detention Prisoners – persons committed for investigation or trial.
2. Sentenced prisoners – persons committed to jails or by prison to serve sentence after final
conviction by a competent court for the commission of a crime.
3. Prisoners for Safekeeping – includes non-criminal who are detained in order to protect the
community against their harmful behavior or to protect them for any danger.
Classification of Sentenced Prisoner
1. Insular or National Prisoners
-Those sentenced to suffer an imprisonment from three (3) years and one (1) day to file
imprisonment or more than one thousand pesos (P 100,000) fine or both.
-Those sentenced to suffer of imprisonment above but appealed the judgment and unable
to file a bond for their temporary liberty.
- Those sentenced with Death Penalty.
2. Provincial prisoners
- Those sentenced to suffer an imprisonment six (6) months and one (1) day to three (3)
years of fine of not more One Thousand pesos (1, 000. 00) or both fine and imprisonment.
- Those detained therein waiting for preliminary investigation of their cases cognizable by
the Regional trial Court.
3. City Prisoners
- Those sentenced to suffer a term of Imprisonment from One (1) day to three years or fine
of not more than One Thousand (1, 000. 00) pesos or both fine and imprisonment.
- Those detained therein whose cases are filed with the Municipal Trial Courts in cities.
- Those detained therein whose cases are under preliminary investigation cognizable by
the Regional Trial Courts.
4. Municipal Prisoners
- Those sentenced to suffer a term of imprisonment from one (1) day to six (6) months.
- Those detained therein whose cases are filed with the Municipal Trial Court.
Admission and Confinement of Inmates
Reception and Diagnostic Center; functions. – There shall be a Reception and Diagnostic
Center in every prison which shall receive, study and classify inmates and detainees committed to
the Bureau. (Chapter 1, Sec. 1, BuCor Manual)
Quarantine. – Upon admission in the Reception and Diagnostic Center, an inmate shall be placed
in quarantine for at least five (5) days during which he shall be:
a. given physical examination to determine any physical illness or handicap or mental
ailment and to segregate those suspected of having an infectious or contagious
disease. If found sick, the inmate shall be immediately confined in the prison
hospital;
b. oriented with prison rules; and
c. interviewed by a counselor, social worker or other program staff officers. The
interview shall be conducted in private. (Sec. 2, BuCor Manual)
Assignment of inmate. – After the quarantine period, the inmate shall remain in the Reception
and Diagnostic Center for a period not exceeding fifty-five (55) days where he shall undergo
psychiatric, psychological, sociological, vocational, educational and religious and other
examinations.
The results of said examinations shall be the basis for the inmate’s individualized treatment
program. Thereafter, he shall be assigned to a prison facility as may be recommended by the
Chief of the Reception and Diagnostic Center. (Sec. 3, BuCor Manual)
All articles taken from the inmates shall be returned to him upon his discharge unless
previously disposed of at the inmate’s request or ordered condemned by the Superintendent after
a lapse of two (2) years.
If the inmate brings in any drug or medicine, the medical officer on duty shall decide on its
disposition. (Sec. 7, BuCor Manual)
Confiscation of contraband. – Narcotics and all other prohibited drugs or substances, the
possession and/or use of which are punishable under our laws, all types of weapons, substances
or chemicals that may cause injury to persons, and items or articles which an inmate is not allowed
to possess under prison rules shall be considered contraband items and confiscated. (Sec. 8,
BuCor Manual)
Issuance of uniforms etc. – The newly-admitted inmate shall be issued two (2) regulation
uniform/suits and two (2) t-shirts. Whenever practicable, he shall also be issued the items:
a. One (1) blanket;
b. One (1) mat;
c. One (1) pillow with pillow case;
d. One (1) mosquito net;
e. One (1) set, mess kit; and
f. One (1) pair, slippers
The inmate shall be held responsible and accountable for the items issued to him. (Sec. 9,
BuCor Manual)
Personal effects of inmate. – In addition to the articles supplied by the prison, the inmate may
bring clothes and other items essential to his well-being, provided the quantity, nature and
dimensions thereof will not interfere with the safety and living conditions of the other inmates.
The Superintendent may allow the inmate to bring electrical equipment like television sets,
radio cassettes, video players, electric fans and similar items provided the same is for common
use with other inmates.
In no case shall an inmate be allowed to bring in luxurious items such as air conditioners,
carpets, sofas, beds, sleeping mattresses, washing machines and the like. (Sec. 10, BuCor
Manual)
Wearing of jewelry. – An inmate may not wear jewelry items. He may, however allowed to wear
an inexpensive watch and the like. (Sec. 11, BuCor Manual)
Classification of inmates
Classification Board. – Every person shall have a Classification Board that shall classify inmates
in accordance with this Chapter.
The Board shall be composed of the following:
Chairman ..................................... Superintendent
Vice Chairman .............................. Chief, Reception and Diagnostic Center
Members ..................................... Medical Officer, Chief, Education Section;
Chief, Agro-Industries Section
Secretary ..................................... Chief Overseer (Chapter III, Sec. 1, BuCor Manual)
Inmates; how classified. – Inmates shall be classified as to security status and as to entitlement
to prison privileges. (Sec. 2, BuCor Manual)
Diversification
- is an administrative device of correctional institution of providing varied and flexible types
of physical plants for the more effective control of the treatment programs of its diversified
population.
- the principle of separating homogeneous type of prisoners that requires special treatment
and custody.
Types of Diversification
a) Diversification by age – minors should be separated from adult offenders
b) Diversification by sex – females should be separated from male offenders
c) Diversification by degree of custody – prisoners are segregated based on the duration or
length of their sentence imposed.
Classification of inmates as to security risk. – An inmate shall be assigned to any of the
following groups:
a. Maximum security – This shall include highly dangerous or high security risk inmates as
determined by the Classification Board who require a high degree of control and supervision.
Under this category are:
i. those sentenced to death;
ii. those whose minimum sentence is twenty (20) years imprisonment;
iii. remand inmates or detainees whose sentence is twenty (20) years and above and those
whose sentences are under review by the Supreme Court or the Court Appeals;
iv. those with pending cases;
v. recidivists, habitual delinquents and escapees;
vi. those under disciplinary punishment or safekeeping; and
vii. those who are criminally insane or those with severe personality or emotional disorders that
make them dangerous to fellow inmates or the prison staff.
Note:
Maximum Security Prisoners
- The group of prisoners whose escape could be dangerous to the public or to the security
of the state. It consist of constant troublemakers’ but 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 with in the prisons compound.
- They are confined at the Maximum Security Prison (NBP Main Building), or other
assigned building in other penal farm and they wear orange color or tangerine uniform.
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 orange color of uniform.
b. Medium Security – This shall include those who cannot be trusted in less secured areas and
those whose conduct or behavior require minimum supervision. Under this category are:
i. those whose minimum sentence is less than twenty (20) years imprisonment;
ii. remand inmates or detainees whose sentences are below twenty (20) years;
iii. those who are eighteen (18) years of age and below, regardless of the case and sentence;
iv. those who have two (2) or more records of escapes. They can be classified as medium
security inmates if they have served eight (8) years since they were recommitted. Those with
one (1) record of escape must serve five (50 years; and
v. first offenders sentenced to life imprisonment. They may be classified as medium security
inmates if they have served five (5) years in a maximum security prison or less, upon
recommendation of the Superintendent. Those who were detained in a city and/or provincial
jail shall not be entitled to said classification.
Note:
Characteristics of Medium Security Prisoners
- Those who cannot be trusted in open conditions and pose lesser danger than maximum-
security prisoners in case they escape.
- Other prisoners were confined in jails located in the commandancias (equivalent to police
stations or precincts) existing in practically in every province and major towns or cities where the
Spanish colonizers exercise strong control.
Multiple Functions of Jail:
1. Determining individuals waiting to appear before the court, either for trial (pre-conviction) or for
sentencing (post-conviction);
2. Holding offenders who have been sentenced and are awaiting transfer to prison;
3. Holding those sentenced to less than 3 years of imprisonment;
4. Those who have violated the conditions of their probation or parole;
5. Juvenile offenders under preventive detention;
6. Individuals being held by military authorities;
7. Witness needing protective custody;
8. Those found in contempt of the court;
9. Prison inmates for whom no space is available in the overcrowded prison;
10. Individuals wanted by other jurisdiction for whom a detainer warrants exist or ready for
extradition or deportation.
Types of Jails
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of individual held for investigation.
2. Ordinary Jails – is the type of jails commonly used to detain convicted criminal offenders who
serve less than three years.
3. Workhouse, 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.
Types of Jail based on its Jurisdiction
1. Municipal Jail
2. City Jail
3. District Jail
4. Provincial Jail
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Third Notes in CA 121 1st semester A
Course: Science technology
44 Documents
Students shared 44 documents in this course
University: Southeast Asian College
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M.D.B.-25 Notes on Institutional Corrections
Chapter 2. PHILIPPINE PRISONS AND JAILS: ORGANIZATION, POWERS AND FUNCTIONS
Bureau of Corrections (BuCor)
- The Bureau of Prisons was created by virtue of Re-organization Act
of 1407 dated November 1, 1905, but was renamed as the Bureau of
Corrections (BuCor) under the Department of Justice by virtue of
Administrative Code of 1987 issued on November 23, 1989 and
Proclamation no. 495 of the President of the Philippines and under the Prison
Act of 1917.
- 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.
- On May 24, 2013, President Benigno S. Aquino III signed into law R.A. No. 10575,
otherwise known as “The Bureau of Corrections Act of 2013”.
- The mainly seeks to provide for the modernization, professionalization and restructuring
of the BuCor by upgrading its facilities, increasing the number of its personnel, upgrading the level
of qualifications of their personnel and standardizing their base pay, retirement and other benefits.
- The new law mandates BuCor to implement a rationalized system of promotion and
performance evaluation system in coordination w/ CSC.
The Missions, Functions and Mandates of the BuCor
Mission
To maximize the assets’ value of the BuCor to effectively pursue its responsibility in safely
securing transforming national prisoners through responsive rehabilitation programs managed by
professional Correctional Officers.
Functions of BuCor
1. To confine prisoners by giving them adequate living spaces as the first conditions to be met
before any effective rehabilitation programs can be undertaken.
2. To prevent prisoners from committing crimes while in custody.
3. To provide humane treatment by affording them human basic needs in the prison environment
and prohibiting cruel methods and provide a variety of rehabilitation program.
The Mandates of the BuCor
- the BuCor shall be in charge of safekeeping and instituting reformation programs to
national inmates sentenced to more than three (3) years.
1. Safekeeping of National Inmates
- the safekeeping of inmates shall include decent provision of quarters, food, water and
clothing in compliance with established United Nations standards.
- the security of the inmates shall be undertaken by the Custodial Force consisting of
Corrections Officers with a ranking system and salary grades similar to its counterpart in the
BJMP.
2. Reformation of National Inmates
- the reformation programs, which will be instituted by the
BuCor for the inmates, shall be the following:
1. Moral and Spiritual Program
2. Education and Training Program
3. Work and Livelihood Program
4. Sports and Recreation Program
5. Health and Welfare Program; and
6. Behavior Modification Program, to include
Therapeutic Community
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