CORRECTIONAL ADMINISTRATIONCHIVAS GOCELA DULGUIME, R.C

I. INTRODUCTION

PENOLOGY

- the study of punishment of crime.

- a branch of Criminology dealing with prison management, and the deterrence and reformatory treatment of criminals.

SOURCES OF THE TERM PENOLOGY:

a. Peno was derived from Greek word “piono” and from the Latin word “poena”, both terms mean punishment.

b. Logy was from the Latin word “logos”, meaning science.

c. Penology distinguish from Penitentiary Science- Penology deals with the various means of fighting crimes as regards to penalties and other measures of security, while Penitentiary Science is limited only to the study of penalties dealing with deprivation of liberty.

The Golden Age of Penology

- the period from 1870 to 1880 was considered the golden age of penology because of the following significant events:

1870 - the National prisons Association organized in Cincinnati, Ohio.

1872 - the First International Congress was held at London w/c established the International Penal and Penitentiary Commission; 1875- its headquarters was established at Hague, Netherlands.

1876 - the Elmira Reformatory was established in New York.

the First separate institution for women were established in Indiana and Massachusetts.

DIVISIONS OF CRIMINOLGY:

1. Sociology of Law is an attempt at scientific analysis of the conditions under w/c criminal laws develop and w/c is seldom included in the book of criminology.

2. Criminal Etiology is an attempt of scientific analysis of the causes of crimes.

3. Penology is concerned with the control of crime.

THE CONCEPT OF PENALTY

Penalty in its general sense signifies pain; in the judicial sphere, it means suffering undergone, because of the action of society, to one who commits a crime.

The very purpose or reason why society has to punish a criminal is to secure justice. The state has to protect its existence, assess what is right for the people based on moral principles, which vindicated. The giving of punishment, which is exercised by society, is the fulfillment of service and satisfaction of a duty to the people it protects.

PENALTY - it is the suffering that is inflicted by the state for the transgression of law.

PUNISHMENT - an instrument of public justice.

a. It is inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group.

b. Punishment involves pain or suffering produced by designed and justified by some value that the suffering is assumed to have.

THEORIES OF JUSTIFICATION OF PENALTIES:

1. Prevention . The state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender.

2. Self-defense . The state has the right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong action inflicted by the criminal.

3. Reformation . The object of punishment in criminal case is to correct and reform the offender.

4. Exemplarity . The criminal is punished to serve as an example to others to deter from committing the crime.

5. Justice . That the crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal.

6. Retribution . Personal vengeance

7. Expiation or Atonement . It is advocated during the pre-historic age. It is the execution of punishment visibly or publicly for the purpose of appeasing a social group.

8. Deterrence . Cesare Becarria, the exponent of the Classical Theory contended that punishment is to prevent others in committing a crime.

CONSTITUTIONAL RESTRICTIONS OF PENALTIES

Sec. 21, Art. IV, 1973 Constitution of the Philippines. Directs that excessive fines shall not be imposed, nor be cruel and unusual punishment inflicted.

ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS

Natural Law. This originated from God (natural law) to enforce the law that laid down in His infinite wisdom and power. He also prescribed the penalty or punishment.

Banishment/ distierro. The first penalty or punishment prescribed by God to Adam and Eve when they disobey His order which made them as the first criminals.

Retribution/ Personal vengeance/ Revenge.

The most common ancient justification of punishment, and this is called the Law of Vendetta.

The Code of Hammurabi. The oldest written penal law in Babylonia in 1750 that stopped the ancient practice of retribution or personal vengeance and punishment became the responsibility of the state. This code of laws was a compilation of the laws of the Semetic tribes, and was written on stone. It instituted the law of the Talon (Les Taliones) w/c means that the state would mete out punishment equally, as “an eye for an eye or a tooth for a tooth.”

PUNISHMENT IN PRIMITIVE SOCIETY

Most common Punishments.

1. Death

a. Crucifixionb. Beheadingc. Hangingd. Impalinge. Drowningf. Burning

2. Physical torture

a. Floggingb. Dismemberment and starvationc. Public humiliationd. Stockse. Pilloryf. Docking toolsg. Branding and banksh. Mutilation

3. Imprisonment

a. Confinement in dungeons, galleys, hulks, jails, houses of corrections, work houses and penitentiaries.

4. Fines and forfeiture of property

CAPITAL PUNISHMENT . It is the infliction of death penalty upon a person who committed a serious crime.

CORPORAL PUNISHMENT . It is the infliction of physical pain upon a convicted criminal.

Social Justification of Penalty

1. Prevention- the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender.

2. Self-defense- the state has a right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal.

3. Reformation- the object of punishment in criminal cases is to correct and reform the offender.

4. Exemplarity- the criminal is punished by the state as an act to deter others from committing crimes.

5. Justice- that crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral violated by the criminal.

Purpose of Penalty

1. Retribution of Expiation- the penalty is commensurate with the gravity of the offense as a matter of payment for the damage done.

2. Correction of Reformation- as shown by the rules which regulates the execution of the penalties consisting in deprivation of liberty, thereby giving chance for his reformation.

3. Social Defense- as shown by its inflexible severity to recidivist and habitual delinquents. Society must provide the welfare of the people against any disorder in the community.

Goals of Sentencing:

1. Retribution - is the fact of lasting revenge upon a criminal perpetrator.

2. Incapacitation - is the use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offences.

3. Deterrence - is a means which seeks to prevent others from committing crimes or repeating criminality.

4. Rehabilitation - is the attempt to reform a criminal offender, the state in which a reformed offender is said to be rehabilitated.

5. Restoration - a goal of which attempts to make the victim whole again.

Juridical Conditions of Penalty

1. The penalty must be productive of suffering without affecting the integrity of the human personality.

2. The penalty must be commensurate with the offense, that different crimes must be punished with different penalties.

3. The penalty must be personal in that no one should be punished for the crime of another.

4. The penalty must be legal that it is the consequence of a judgment according to law.

5. The penalty must be certain, that no one may escape its effects.

6. The penalty must be equal for all.

7. The penalty must be correctional.

Preventive Imprisonment- the accused undergoes preventive imprisonment when the offense charge is non-bailable, or even if bailable he cannot furnish the required bail.

Subsidiary Penalty- It is subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one (1) day for eight pesos, for its imprisonment. This is only applicable when the penalty imposes a fine and not to damages or civil liabilities imposed upon the convicted felon.

The death penalty was restored through R.A 7659 which took effect on December 3, 1993 for certain heinous crimes. Such as Treason, Piracy, Qualified Piracy, Qualified Bribery, Parricide, Murder, Infanticide, Kidnapping and Serious Detention, Robbery with Homicide, destructive Arson with Homicide, Plunder, Dangerous Drugs and Car napping

. The death sentence shall be executed by lethal Injection as provided under Republic Act No. 8177, which was approved on March 20, 1996.

The death sentence shall be carried out not earlier than one (1) year nor later than 18months after the judgments becomes final and executor. Provided, that the Supreme Court who does the review of the case in which death penalty was imposed have reach a vote of eight (8) Justices as provided under Republic Act No. 296. Otherwise death penalty shall not be imposed. The convicted felon will be given a penalty of reclusion perpetua.

In all cases where the death sentence has become final, the records of the cases shall be forwarded to the office of the President for possible exercise of the pardoning power.

Death Penalty shall not be imposed if:

1. When the guilty person is more than 70 years of age;

2. When upon appeal or automatic review of the case by the Supreme Court, the required votes is not obtained for imposing the death penalty;

3. When the convict is a minor under under 18 years of age

Death Penalty shall be suspended when the convict is a:

1. Pregnant woman;

2. Within one (1) year after delivery of a pregnant woman;;

3. Person over 70 years of age

CRIMINOLOGICAL THEORIES

MODERN THEORIES OF CAUSES OF CRIME INCLUDE:

Biological/ physical theories- suggest empherical, deductive and inductive process of observing scientifically analyzing human behavior thru biological influences of the environment as the igniting factors.

Physiological/ psychiatric factors- suggest that crimes are the results of physiological imbalances as well as psychiatric maladaptiveness.

Crime and social organization stress that crime persists within social organizations because this is the actual social contact of men of different behavior, that to deal and please one another is extremely impossible.

Crime and social process- propose that societal institutionalization of rules seeks to control the behavior of the society. This is referred to us, deviant process, may fall under the legal definition of crime, offense or felony.

1. CLASSICAL THEORY- Stresses on the crime and not on the person or criminal offender. In this approach, punishment, which is retributive and punitive, is standardized and proportioned to the gravity and nature of the offense. It assumes that every individual has a free will, knows the penal law. Moreover, it postulates that man is a rational being and calculating being who acts with reference to feelings of pleasure and pain. Thus, he will refrain from criminal acts if imposed punishment is sufficient to cancel hope of possible gain and advantage.

CESARE BECCARIA- (1738-1804) an Italian writer, who collected and presented the principles of Montesquieu, Voltair, Rousseau and other eighteenth century writers and philosophers pertaining to crimes and punishment into a small book entitled “Crimes and Punishment” which was published in 1764.

PRINCIPLES OF THE CLASSICAL SCHOOL:

1. First, the rights and liberties of the individual must be conserved. Since all persons are equal, those who commit the same crime should be treated alike.

2. Second, crime is judicial abstraction and, therefore, a definite penalty should be attached to each crime and invariably be inflicted.

3. Third, punishment should be limited by the social need. Its social utility consists of definite deterrence influence, and much of it should be inflicted as is necessary to prevent others from committing the same crime.

2. NEO-CLASSICAL SCHOOL- This approach of penology arose at the time of the French revolution and the period immediately thereafter. It maintains that while the classical school doctrine in general is correct, it should be modified in certain details. It argues that since children and lunatic persons cannot calculate pleasure and pain, they should not be regarded as criminals and as such they should not be punished. The reaction to crime, therefore, under this school is no longer punitive; punishment is imposed on some lawbreakers but not on others.

3. POSITIVE SCHOOL OF CRIMINOLOGY- also known as the Italian School of Criminology.

- inaugurated in 1872, by an Italian army surgeon, Cesar Lombroso.

- Views crime as a social phenomena and attaches importance to the criminal offenders.

- A criminal is like a sick man who needs not to be punished but treated in hospital so that his illness, that has something to do with the commission of the crime maybe cured.

- The concept of guilt may be substituted with that of social behavior, the incurable criminal should be treated and the correctional institution is to constitute a criminology school.

II. EUROPEAN BACKGROUND

Historically, institutional confinement has been used since ancient times, but not until the 1600s and 1700s as a major punishment for criminals. Prior to that it was used to:

• Detain people before trial• Hold prisoners awaiting other sanctions• Coerce payment of debts and fines• Hold and punish slaves• Achieve religious indoctrination (the Inquisition)• Quarantine disease

Forerunners of Modern Incarceration

- Modern incarceration strives to change the offender’s character and is carried out away from public view.

- Early punishments for crime were directed more at the offender’s body and property. Goals were to inflict pain, humiliate the offender, and deter onlookers from crime.

- Additional forerunners of modern incarceration were:

o Banishment - A punishment, originating in ancient times that required offenders

to leave the community and live elsewhere, commonly in the wilderness.

A practice which has given us the modern word “scapegoating”.

o Transportation - A punishment in which offenders were transported from their

home nation to one of that nation’s colonies to work.

American Revolution (1776) ended the practice of transportation as a punishment and Europeans shifted to the use of ship known as Hulk as a confinement facility of the convicted criminals.

o Workhouses - European forerunners of the modern U.S. prison, where

offenders were sent to learn discipline and regular work habits.

BRIDES WELL- (St. Bridget’s Well) an institution for locking up, employing and whipping beggars, prostitutes and night walkers of all sorts.

• First house of correction in Europe.

o GAOLS. Are poorly constructed unsanitary, damp, drafty or airless gloomy

dungeons, foul smelling places of detention in early eighteenth century.

• Inmates were poorly clothed, without privacy and the conditions so

deplorable that disease thrive, especially the deadly typhus fever or goal fever.

• It spawn idleness, vice, perversion, profligacy, shameless

exploitation and ruthless cruelty among its inmates as well as its caretakers thereby making them hotbeds of infection and cesspool of corruptions.

• New Gate Gaol of London – the famous Gaol in Europe.

o HULK – an old sailing ship that is n o longer used for sea voyages or naval

operations, but is anchored in some English Port, where they are used for prisons or places of confinement of convicted criminals.

During the mid 18th century, forms of punishment where starting to changed, as the period of enlightenment begin to emerge. Traditional punishments were challenged by individuals who studied the condition of prisoner.

John Howard – one of the pioneers to advocate the change of punishment and became the first English prison reformer who crusaded for a better and humane treatment of prisoners as he was appointed as the sheriff of Bedford Shire, a local gaol in England. He visited other prison in England and America evaluating the conditions of the prisoners, he comes up with prisons concepts that;

• Prisoners must be segregated according to sex, age and gravity of the offense.

• The jailer or staff must be paid to prevent extortion to prisoners.

• A chaplain and medical officer must be employed to address the spiritual and

medical needs of the prisoners.• Prisoners should be provided with clothing and food.

• Liquor should be prohibited in jail.

As a result of John Howard’s findings and recommendations the penitentiary act of 1779 was passed which provided an establishment of a secure, clean and systematic prison and abolished the fees for basic services. He then coined the word “Penitentiary” a concept that rejects hard labor as a form of punishment. Thus, Milbank Penitentiary was constructed in

Clear & Cole, American Corrections, 8th

Evolution of punishment in America, 1600 – 2000 Flow Chart

CrimeControlModel

1970s - 2000

CommunityModel

1960s - 1970s

MedicalModel

1930s - 1960s

ProgressivePeriod

1890s - 1930s

ReformatoryMovement1870s - 1890s

Prisons in South &

West1800’s

Arrival of thePenitentiary1790s - 1860s

ColonialPeriod

1600s - 1790s

1812 and finished in 1821, considered as the first English prison using the concepts and principles introduced by John Howard.

Milbank Penitentiary – constructed on the reformation – by – solitude theory, was a huge gloomy and towered prison, which looked like a thick spoke wheel, containing three miles corridors and hundreds of cells.

Hospice de San Michelle – a papal prison which opened in1704 by Pope Clement XI which houses only juvenile delinquents and advocated reformation rather than punishment.

The Panoptican or inspection prison house – is a building plan made by “Jeremy Bentham” a noted English classicist which called for a tank like structure, covered by a glass roof. The plan was never realized, however, it was adopted by Jacques Villain in 1771, and applied it to the Prison of Ghent in Belgium.

III. DEVELOPMENTS IN THE UNITED STATES

In colonial America, penal practice was loose, decentralized, and unsystematic, combining private retaliation with fines, banishment, harsh corporal punishments, and capital punishment.

1. THE PENITENTIARY MOVEMENT - The Walnut Street Jail opened in 1790 in Philadelphia and is considered the first state prison.

- Inmates labored in solitary cells and received large doses of religious training.

“Penitentiary” - an institution intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation.

Principles of the “penitentiary”

isolate prisoner from bad influences of society - liquor, temptation, people

penance & silent contemplation

productive labor

reform (thinking & work habits)

return to society, renewed

key = solitary confinement

isolate from contagion

foster quiet reflection

punishment, since man is social animal

cheap è shorter sentence, fewer guards

- Pennsylvania and New York pioneered the penitentiary movement by developing two competing systems of confinement:

Pennsylvania System

Auburn system

- William Penn (1644–1718) English Quaker who arrived in Philadelphia in 1682. Succeeded in getting Pennsylvania to adopt “The Great Law” emphasizing hard labor in a house of correction as punishment for most crimes

- Benjamin Rush (1745–1813) Physician, patriot, signer of the Declaration of Independence, and social reformer, Rush advocated the penitentiary as replacement for capital and corporal punishment.

COMPETING MODELS

- Pennsylvania system - A penitentiary system developed in Pennsylvania in which each inmate was held in isolation from other inmates, with all activities, including craft work, carried on in the cells.

o “Separate system”

solitary confinement

eat, sleep, work in cell

religious instruction

reflection upon crimeso reform through

salvation

religious enlightenmento model for Europe

o e.g.

Walnut St. Jail

Western Penitentiary

Eastern State Pen.- New York system (Auburn System)

o evolved into

“Congregate system”

hard labor in shops-day

solitary confinement-night

strict discipline

rule of silenceo reform through

good work habits

discipline o model for US-economical

o e.g., Auburn Prison, 1816

o won out in US; more cost-effective labor; state negotiated contracts with

manufacturers

- By the end of the Civil War, many were questioning the value of the penitentiary movement, as prisons failed to deter crime, and became increasingly expensive to maintain. A new movement sought to improve the method of incarceration.

Southern Penology - Devastation of war and economic hardship produced 2 results:

Lease system - Private business negotiated with state for labor & care of inmates--Kentucky (1825)

Penal farms

State-run plantations which grew crops

To feed inmates

To sell on free marketWestern Penology:

penology in west not greatly influenced by the ideologies of the east

prior to statehood, prisoners held in territorial facilities or in federal military posts and prisons

1852: San Quentin - California’s 1st prison

1877: Salem, Oregon prison - Auburn model

western states discontinued use of lease system as states entered into the union

e.g. Oregon, California, Montana, Wyoming

2. THE REFORMATORY MOVEMENT ( 1870s - 1890s)

- The effect of the opposing views of Auburn and Pennsylvania System of Prison, a new concept was developed and emerging into other prisons. The concept grew out from the philosophical beliefs of the outstanding correctional leaders in the person of Captain Alexander Maconochie, Sir Walter Crofton and Rutherford B. Hayes.

- product of disillusionment with oppressive penitentiary system- focus remained on inmate change!- key features:

o indeterminate sentences > fixed

o offender classification should be based on character & institutional behavior

o use early release as incentive to

Hallmarks of the reformatory movement:

National Prison Association

Rutherford B. Hayers – the former President of the United States, was elected as the first President of the National Prison Association.

precursor: American Correctional Asso.

strong religious influence (still)

Cincinnati meeting,1870 Declaration of Principles : “Reformation is a work of time: and a benevolent regard to the good of the criminal himself, as well as to the protection of society, requires that his sentence be long enough for the reformatory process to take effect.”

e.g., Machonochie, Crofton, Brockway

Reformatory - an institution for young offenders emphasizing training, a mark system of classification, indeterminate sentences, and parole. Mark System -a system for calculating when an offender will be released from custody, based on both the crime & his behavior in prison.

devised by Alexander Maconochie (England), at Norfolk Island penal settlement (off Australia, 1840). Maconochie is considered as the “father of Parole.”

at sentencing, offender is ‘given’ a number of “marks,” based on offense severity(a “debt” to society, to be “paid” off)

for release, offender must earn marks via

voluntary labor

participation in educational, religious programs

good behavior

adopted in Ireland, never in EnglandIrish System:

developed by Sir Walter Crofton

derived from Maconochie’s mark system

precursor of modern parole

System used in Sing Sing Prison in New York, using a reformatory based upon the concept of an earned early release if the inmate reformed himself.

Gaylord B. Hubbell was the warden which recommended the used of Indeterminate sentencing in the American Prisons.

four-stage program of graduated release, based on offender performance

all sentences served in four stages; 1. Solitary confinement - all start here2. public works prison - begin earning marks3. Intermediate stage - (like half-way house) after earning enough marks4. Ticket of leave - conditional release

Elmira Reformatory – it is an institution for young offenders emphasizing training, mark system of classification, indeterminate sentences, and parole exclusively given for first time offenders whose age is within 16 to 30 years old.

Under the direction of Zebulon Brockway and considered as the first reformatory institution opened in Elmira, New York on the year 1876.

The Elmira Reformatory claimed success in their process of reformation of offender which includes diagnosis, individualized treatment and reformation.

Its operation involved:

• intake interview: determine causes of crime

• individualized work & education program

• mark system of classification (work, school, behavior).

• administrators determine release date

Reformatory movement ends because of the following reason:

failed to reform (like penitentiary)

brutality

corruption

not administered as planned

but, important features survived:

inmate classification

rehabilitation programs

indeterminate sentences

parole

3. THE INDUSTRIAL PRISON – The failure of reformatory style of prison was lead to the development of attractive alternative where potential profitability of inmate labor was conceptualized. Prisons in the U.S. were converted into industries and farms. There are 6 (six) systems of inmate labor used:a. Contract System – materials were provided by private businesses its manufacturing

process was supervised inside the prison. b. Piece Price System – materials and the products are produced by the prisons and

bought by the private businesses.

c. Public Account system – goods and products are owned and manage by the prison and sold it to the market.

d. State – use system – prisoners provided the labor for state agencies.e. Public works – prisoners work in roads and highways construction and maintenance.

4. THE PROGRESSIVE MODEL- Age of reform: set tone for American social thought & political action until 1960s!- condemned ills of new urban society--big business, big industry, urban blight- faith in science to find answers to

crime, criminal behavior, treatment- new faith in government action to

eliminate social problems--slums, crime- trends of period

a. industrializationb. urbanizationc. technological changed. scientific advancement

- socially conscious, politically active, mostly upper-class reformers of early 1900s- believed science (positivism) + state intervention could/should solve social & political

problems- advocated “treatment according to the needs of the offender,” not “punishment according

to severity of the crime”- subscribed to “positivism” or” determinism” – (application of scientific approach)- Positivist School - an approach to criminology and other social sciences based on the

assumption that human behavior is a product of biological, economic, psychological, and social factors, and that the scientific method can be applied to ascertain the causes of individual behavior

Principles of Positivist School:

• Behavior (including crime) is NOT the product of free will.

• behavior stems from factors beyond control of the individual

• Criminals can be treated so they can lead crime-free lives.

• Treatment must focus on the individual & his/her problem(s).

- Progressive Reforms:o 2 strategies for CJ reform:

improve general social, economic conditions that seem to breed crime

rehabilitate individual offenders o 4 planks in “progressive” platform:

probation (John Augustus, 1841)

indeterminate sentencing (by 1920s, 37 states)

parole (by 1920s, 44 states; 80% of releases)

juvenile courts (1899, Cook County) o By 1970s, most of these enlightened & well-meaning reforms seen as having

failed to live up to their promise.

5. THE MEDICAL MODEL - a model of corrections positing that criminal behavior is caused by social, psychological,

biological deficiencies that require medical treatmenta. first serious efforts to implement truly medical strategies aimed at scientifically

classifying, treating, rehabilitating criminal offendersb. e.g. “medical” programs & institutions

i. psychology (Karl Menninger)ii. Maryland Patuxent Institution, 1955

iii. sexual psychopath, sociopath lawsiv. crime as sickness

6. THE COMMUNITY MODEL- model of corrections positing goal of CJS: to reintegrate offender into community- key features

a. prisons should be avoided; prison = artificial environment; prison frustrates crime-free lifestyle

b. need to focus on offender’s adjustment into society; not just on psychological treatment

i. probationii. intermediate sanctions;

(alternatives to incarceration)iii. parole

7. THE CRIME CONTROL MODEL- less ambitious, less optimistic, less forgiving view of man &

ability of CJS to change him- crime better controlled by more incarceration & strict supervision- precipitating factors

a. public concern over rising crime in ‘60sb. disillusionment with treatmentc. public clamor for longer sentencesd. distrust of broad discretion given to correctional & parole authorities

IV. HISTORICAL SETTING OF CORRECTION IN THE PHILIPPINES

Chapter 1The Pre-colonial and Spanish Regimes:

During the pre-colonial times, the informal prison system was community-based, as there were no national penitentiaries to speak of. Natives who defied or violated the local laws were meted appropriate penalties by the local chieftains. Incarceration in the community was only meant to prevent the culprit from further harming the local residents.

The formal prison system in the Philippines started only during the Spanish regime, where an organized corrective service was made operational. Established in 1847 pursuant to Section 1708 of the Revised Administrative Code and formally opened by Royal Decree in 1865, the Old Bilibid Prison 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” and could accommodate 1,127 prisoners.

The Carcel was designed to house 600 prisoners who were segregated according to class, sex and crime while the Presidio could accommodate 527 prisoners. Plans for the construction of the prison were first published on September 12, 1859 but it was not until April 10, 1866 that the entire facility was completed.

The prison occupied a quadrangular piece of land 180 meters long on each side, which was formerly a part of the Mayhalique Estate in the heart of Manila. It housed a building for the offices and quarters of the prison warden, and 15 buildings or departments for prisoners that were arranged in a radial way to form spokes. The central tower formed the hub. Under this tower was the chapel. There were four cell-houses for the isolated prisoners and four isolated buildings located on the four corners of the walls, which served as kitchen, hospital and stores. The prison was divided in the middle by a thick wall. One-half of the enclosed space was assigned to Presidio prisoners and the other half to Carcel prisoners.

In 1908, concrete modern 200-bed capacity hospitals as well as new dormitories for the prisoners were added. A carpentry shop was organized within the confines of the facility. For sometime the shop became a trademark for fine workmanship of furniture made by prisoners. At this time, sales of handicrafts were done through the institutions and inmates were compensated depending on the availability of funds. As a consequence, inmates often had to sell through the retail or barter their products.

On August 21, 1869, the San Ramon Prison and Penal Farm in Zamboanga City was established to confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. The facility, which faced the Jolo sea had Spanish-inspired dormitories and was originally set on a 1,414-hectare sprawling estate.Chapter 2The American and Commonwealth Governments:

When the Americans took over in the 1900s, the Bureau of Prisons was created under the Reorganization Act of 1905 (Act No. 1407 dated November 1, 1905) as an agency under the Department of Commerce and Police. It also paved the way for the re-establishment of San Ramon Prison in 1907 which was destroyed during the Spanish-American War. On January 1, 1915, the San Ramon Prison was placed under the auspices of the Bureau of Prisons and started receiving prisoners from Mindanao.

Before the reconstruction of San Ramon Prison, the Americans established in 1904 the Iuhit penal settlement (now Iwahig Prison and Penal Farm) on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late 1950s. Located on the westernmost part of the archipelago far from the main town to confine incorrigibles with little hope of rehabilitation, the area was expanded to 41,007 hectares by virtue of Executive Order No. 67 issued by Governor Newton Gilbert on October 15, 1912.

Other penal colonies were established during the American regime. On November 27, 1929, the Correctional Institution for Women (CIW) was created under Act No. 3579 to provide separate facilities for women offenders while the Davao Penal Colony in Southern Mindanao was opened in 1932 under Act No. 3732.Chapter 3Transfer of the Old Bilibid to Muntinlupa:

The increasing number of committals to the Old Bilibid Prison, the growing urbanization of Manila and the constant lobbying by conservative groups prompted the government to plan and develop a new site for the national penitentiary, which was to be on the outskirts of the urban center. Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million (P1,000.000.00) pesos for the construction of a new national prison in the southern suburb of Muntinlupa, Rizal in 1935. The old prison was transformed into a receiving center and a storage facility for farm produce from the colonies. It was later abandoned and is now under the jurisdiction of the Public Estates Authority.

On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new site. The new institution had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941. The prison reservation has an area of 587 hectares, part of which was arable. The prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded by three layers of barbed wire.

Chapter 4Developments After WWII:

After World War II, there was a surplus of steel matting in the inventory and it was used to improve the security fences of the prison. A death chamber was constructed in 1941 at the rear area of the camp when the mode of execution was through electrocution. In the late ‘60s, fences were further reinforced with concrete slabs. The original institution became the maximum security compound in the 70s and continues to be so up to present, housing not only death convicts and inmates sentenced to life terms, but also those with numerous pending cases, multiple convictions and sentences of more than 20 years.. In the 1980s, the height of the concrete wall was increased and another facility was constructed, 2.5 kilometers from the main building. This became known as Camp Sampaguita or the Medium Security Camp, which was used as a military stockade during the martial law years and the Minimum Security Camp, whose first site was christened “Bukang Liwayway”. Later on, this was transferred to another site within the reservation where the former depot was situated.

Under Proclamation No. 72 issued on September 26, 1954, the Sablayan Prison and Penal Farm in Occidental Mindoro was established. In The Leyte Regional Prison followed suit under Proclamation No. 1101 issued on January 16, 1973.

Chapter 5Birth of the Reception and Diagnostic Center:

Recognizing the need to properly orient newly committed prisoners to the Bureau of Corrections, the Reception and Diagnostic Center (RDC) was created through Administrative Order No. 8, series of 1953 of the Department of Justice. It was patterned after the reception facilities of the California State Prison. The RDC is an independent institution tasked to receive, study, and classify all national prisoners committed by final judgment to the National Penitentiary.

The first RDC facility was created in Building No. 9 of the Maximum Security Compound of the New Bilibid Prison (NBP), Muntinlupa City. To isolate the facility from the maximum security wing which was rocked by violence in 1973, the RDC was relocated to Building No. 7, formerly referred to as Metro Jail of the Medium Security Compound of Camp Sampaguita, NBP. To further insulate the newly received inmates from gangs, the Center was transferred to what was once the military command post adjacent to the Medium Security facility where the RDC remains to this day. The RDC is a separate division with a technical function. The Chief of the RDC sees to its independence in carrying out its tasks of receiving and classifying all male national inmates committed to the Bureau of Corrections by the competent courts. The RDC chief reports directly to the Director all the activities undertaken by RDC personnel.

The success of prison rehabilitation programs depends on how the RDC handles the orientation, diagnosis and treatment of newly arrived inmates. Every effort is made to determine an inmate’s strength as well as moral weaknesses, physical inadequacies, character disorders, and his educational, social and vocational needs. It is during the first sixty (60) days, during the initial contact between a prisoner and his new environment that primordial functions pertaining to his care and rehabilitation treatment are exhaustively carried out by the staff. At the end of the period, the inmate is ready for transfer to any of the penal institutions. He is expected to have overcome his fears and prejudices and is prepared to cooperate in the implementation of his rehabilitation program.

Being the initial stop of every national male prisoner, the RDC is constantly improving its rehabilitative programs. One such reform is the adoption of the behavioral modification modality. Originally a program for drug dependents, the RDC chief recognized the potential of applying its principles to all committed inmates. Thus the RDC was turned into a Therapeutic Community Camp on February 6, 2003.

On June 4, 2004, the RDC also started erasing gang marks of all newly committed prisoners in an effort to eradicate the gang system within the Bureau. Later, then Director Dionisio Santiago entrusted the administration of the Muntinlupa Juvenile Training Center (MJTC) to the RDC through a memorandum dated June 18, 2005. Under a memorandum of Director Vicente G. Vinarao dated March 31, 2005, the RDC was given administrative control over all other RDCs of the Bureau of Corrections. The RDC has evolved into an institution that uses a modern positive approach towards penology.Chapter 6Non-Operational National Prisons:

Before World War II, two national prisons were established by the government which are no long operational. One was on Corregidor Island and the other in the Mountain Province.

In 1908 during the American regime, some 100 prisoners were transferred from the Old Bilibid Prison to the Corregidor Island Prison Stockage to work under military authorities. This move was in accordance with an order from the Department of Instructions, which approved the transfer of inmates so they could assist in maintenance and other operations in the stockade.

The inmates were transported not to serve time but for prison labor. Until the outbreak of the Second World War, inmates from Bilibid Prison were regularly sent to Corregidor for labor purposes. When the War broke out, prisoners on Corregidor were returned to Bilibid Prison. The island prison was never re-opened.

The Philippine Legislature during the American regime also passed Act No. 1876 providing for the establishment of a prison in Bontoc, Mountain Province. The prison was built for the prisoners of the province and insular prisoners who were members of the non-Christian tribes of Mountain Province and Nueva Viscaya.

The Bontoc prison could be reach only through narrow, poorly developed mountain roads. Due to the enormous expenses incurred in transporting personnel, equipment and supplies to the prison, the facility was abandoned and officially closed on April 26, 1932.

V. PHILIPPINES CORRECTIONAL SYSTEM

The Correctional System in the Philippines is composed of six agencies under three distinct and separate departments of the national government: The Department of Justice or DOJ; The Department of Interior and Local Government or DILG; and the Department of Social Welfare and Development or DSWD.

The Bureau of Corrections or BuCor, is an agency under the Department of Justice, mandated to carry out institutional rehabilitation programs of the government for national offenders, those sentenced to more than three years, and to ensure their safe custody. It is composed of seven operating institutions strategically located all over the country to accept national prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the Director, the assistant directors and the general administration staff are holding official functions.

MANDATE

THE PRINCIPAL TASK OF THE BUREAU OF CORRECTIONS IS THE REHABILITATION OF NATIONAL PRISONERS

SLOGAN

BRINGING BACK THE DIGNITY OF MAN.PRINCIPLES

The BuCor adheres and adopts the following principles in accomplishing its mandated objectives and performing its assigned functions: 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.

A. Adherence to the United Nations (U.N.) Standard Minimum Rules for the Treatment of Prisoners and the UN Standard Minimum Rules for Non-Custodial Measures

The Philippines adheres to the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners and UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) and other international human rights instruments which define and guarantee the rights of inmates. Some of these provisions are already embodied in the Philippine Constitution4 and in its laws, rules and regulations and ordinances. Section 2, Article of the Constitution, moreover, provides that “The Philippines… adopts the generally accepted principles of international law…”.

B. Prison/Penitentiary, Jail Distinguished

In the Philippines, there is a distinction between a “jail” and “prison”. A “jail” is defined as a place of confinement for inmates under investigation or undergoing trial, or serving short-term sentences. It is differentiated from the term “prison” which refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.5 Jails include provincial, district, city and municipal jails managed and supervised by the Provincial Government and the Bureau of Jail Management and Penology (BJMP), respectively, which are both under the Department of the Interior and Local Government. Municipal and city prisoners are committed to municipal, city or district jails managed by the BJMP. A district jail is a cluster of small jails, each having a monthly average population of ten or less inmates, and is located in the vicinity of the court.6 Where the imposable penalty for the crime committed is more than six months and the same was committed within the municipality, the offender must serve his or her sentence in the provincial jail which is under the Office of the Governor. Where the penalty imposed exceeds three years, the offender shall serve his or her sentence in the penal institutions of the BuCor.

C. Four Classes of Prisoners7

1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to death;2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three years;3. City prisoner – one who is sentenced to a prison term of one day to three years; and4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.

D. Three Types of Detainees

1. Those undergoing investigation;2. Those awaiting or undergoing trial; and3. Those awaiting final judgment.

INSTITUTIONAL FRAMEWORK

Three major government functionaries are involved in the Philippine correctional system, namely: the Department of Justice (DOJ), Department of the Interior and Local Government (DILG) and the Department of Social Welfare and Development (DSWD). The DOJ supervises the national penitentiaries through the Bureau of Corrections, administers the parole and probation system through the Parole and Probation Administration, and assists the President in the grant of executive clemency through the Board of Pardons and Parole. DILG supervises the provincial, district, city and municipal jails through the provincial governments and the Bureau of Jail Management and Penology, respectively. DSWD supervises the regional rehabilitation centers for youth offenders through the Bureau of Child and Youth Welfare.A. Bureau of Corrections (BuCor)

BuCor has for its principal task the rehabilitation of national prisoners9, or those sentenced to serve modern penology and has shifted from the traditional view of imprisonment as society’s retribution against criminal offenders into one which regards imprisonment as a humanizing and enriching experience. Corrections focus on rehabilitation and regards inmates as patients who need treatment and guidance in order to become productive and responsible members of society upon their release.

At present, BuCor has seven prison facilities for its 26,792 prisoners. It has one prison institution for women and one vocational training centre for juveniles. All prison institutions have their own Reception and Diagnostic Centre (RDC), Classification Board, Rehabilitation and Vocational Training Programmes, Inmate Complaints, Information and Assistance Centre (ICIAC), Inmate Council and Board of Discipline. RDC receives, studies and classifies inmates committed to

BuCor. The Classification Board classifies inmates according to their security status. To extend prompt, efficient and timely services to inmates, BuCor created ICIA which is tasked to act, within seventy-two hours, on all the complaints, requests for information and assistance of inmates.10 The common complaints/requests made by inmates are complaints against employees/co-inmates, status of prisoners’ release, computation of Good Conduct and Time Allowance and problems regarding visitors’ visits. The Inmate Council, which is composed of finally convicted inmates, serves as an advisory body of the Superintendent of each institution.11 The Board of Discipline hears complaints and grievances with regard to violations of prison rules and regulations.B. Bureau of Jail Management and Penology (BJMP)

Also known as the Jail Bureau, BJMP, an agency under the DILG, was created pursuant to Section 60, Republic Act No. 6975, which took effect on January 2, 1991. It is mandated to direct, supervise and control nationwide.

1. Functions

(i) Formulate policies and guidelines on the administration of all district, city and municipal jails.(ii) Formulate and implement policies for the programmes of correction, rehabilitation and treatment of inmates.(iii) Plan and programme funds for the subsistence allowance of inmates.(iv) Conduct research, develop and implement plans and programmes for the improvement of jail services throughout the country.14

After twelve (12) years of existence as a separate agency under the DILG, the BJMP still shares its responsibilities with the Philippine National Police (PNP). The involvement, however, of the police in penology and jail management is a temporary arrangement in view of BJMP’s limited capacity.

C. Bureau of Child and Youth Welfare

Presidential Decree (P.D.) No. 603, as amended16, was promulgated to provide for the care and treatment of youth offenders from the time of apprehension up to the termination of the case17. The Bureau provides intensive treatment for the rehabilitation of youth offenders on suspended sentence. Under the said law, a youth offender is defined as a child, minor or youth who is over nine years but less than eighteen years of age at the time of the commission of the offence.18

D. Provincial Government

Provincial jails, numbering 104 in all, including sub-provincial extensions, are under the supervision and control of the provincial governments.19

E. Parole and Probation Administration (PPA)

The PPA was created pursuant to Presidential Decree (P.D.) No. 96820, as amended, to administer the probation system. Under Executive Order No. 29221, the Probation Administration was renamed as the “Parole and Probation Administration”, and given the added function of supervising prisoners who, after serving part of their sentence in jails are released on parole or granted conditional pardon. The PPA and the Board of Pardons and Parole are the

agencies involved in the non-institutional treatment of offenders. Probation is the status of an accused who, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer.22 It is a privilege granted by the court; it cannot be availed of as a matter of right by a person convicted of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant has none of the disqualifications imposed by law.

1. Criteria for Probation

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:(i) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution;(ii) there is an undue risk that during the period of probation, the offender will commit another crime; or(iii) probation will depreciate the seriousness of the offence committed.

2. Disqualified Offenders

Offenders who are disqualified are those:(i) sentenced to serve a maximum term of imprisonment of more than six years;(ii) convicted of subversion or any offence against the security of the State, or the public order;(iii) who have previously been convicted by final judgment of an offence punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos ( 200.00); or(iv) who have already been on probation under the provisions of the Decree.

3. Probation Conditions

The grant of probation is accompanied by mandatory or discretionary conditions imposed by the court:(i) The mandatory conditions require that the probationer shall (a) present himself or herself to the probation officer designated to undertake his or her supervision at each place as may be specified in the order within 72 hours from receipt of said order, and (b) report to the probation officer at least once a month at such time and place as specified by said officer.(ii) Discretionary or special conditions are those additional conditions imposed on the probationer which are geared towards his or her correction and rehabilitation outside of prison and right in the community to which he or she belongs.A violation of any of the conditions may lead either to a more restrictive modification of the same or the revocation of the grant of probation. Consequent to the revocation, the probationer will have to serve the sentence originally imposed.

4. Revocation of ProbationAt any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing of the violation charged. The probationer-defendant may be admitted to bail pending such hearing. In such case, the provisions regarding release on bail of persons charged with a crime shall be applicable to the arrested probationer. An order revoking the grant of probation or modifying the terms and conditions of the said order cannot be appealed.

F. Board of Pardons and Parole (BPP)The Board of Pardons and Parole was created pursuant to Act No. 4103, as

amended23. It is the intent of the law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty.1. Functions(i) To grant parole to qualified prisoners;(ii) to recommend to the President the grant of pardon and other forms of executive clemency;(iii) to authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment, or grant their final release and discharge.

2. Basis for Grant of ParoleBPP may grant parole if it finds that:

(i) the prisoner is fit to be released;(ii) there is a reasonable probability that, if released, he or she will live and remain at liberty without violating the law; and(iii) his or her release will not be incompatible with the welfare of society.

The BPP provides invaluable assistance to the President in exercising the power of executive clemency. It is exercised with the objective of preventing a miscarriage of justice or correcting a manifest injustice. Executive clemency may be exercised through a reprieve, absolute pardon, conditional pardon, or commutation of sentence.

SEC. 19. Except in cases of impeachment, or as otherwise provided in the Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment. He shall also have the power to grant amnesty with the concurrence of a majority of all the members of the Congress. (Article 7, 1987 Constitution).

“Reprieve” refers to the deferment of the implementation of the sentence for an interval of time; it does not annul the sentence but merely postpones or suspends its execution. “Commutation of Sentence” refers to the reduction of the duration of a prison sentence of a prisoner. “Absolute Pardon” refers to the total extinction of the criminal liability of the individual to whom it is granted without any condition. It restores to the individual his or her civil and political rights and remits the penalty imposed for the particular offence of which he or she was convicted. “Conditional Pardon” refers to the exemption of an individual, within certain limits or conditions, from the punishment which the law inflicts for the offence he or she had committed resulting in the partial extinction of his or her criminal liability.

3. Basis for Grant of Executive Clemency

The BPP recommends to the President the grant of executive clemency when any of the following circumstances are present:(i) the trial or appellate court recommended in its decision the grant of executive clemency for the prisoner;(ii) under the peculiar circumstances of the case, the penalty imposed is too harsh compared to the crime committed;(iii) offender qualifies as a youth offender at the time of the commission of the offence;(iv) prisoner is seventy years old and above;(v) prisoner is terminally-ill;(vi) alien prisoners where diplomatic considerations and amity among nations necessitate review; and(vii) other similar or analogous circumstances whenever the interest of justice will be served thereby.

4. When Applications for Executive Clemency will not be Favourably Acted Upon

Notwithstanding the existence of any of the circumstances mentioned above, the BPP shall not favorably recommend petitions for executive clemency of the following prisoners, those:

(i) convicted of evasion of service of sentence;(ii) who violated the conditions of their conditional pardon;(iii) who are habitual delinquents or recidivists;(iv) convicted of kidnapping for ransom;(v) convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs Act of 2002;(vi) convicted of offences committed under the influence of drugs an;(vii) whose release from prison may constitute a danger to society.

Where the President grants conditional pardon to a prisoner, the BPP monitors the prisoner’s compliance with the conditions imposed for the duration of the period stated in the grant of executive clemency. Upon determination that a prisoner granted conditional pardon has

violated the conditions of his or her pardon, the Board recommends to the President the prisoner’s arrest or recommitment.

VI. PROGRAMS OF THE BUREAU OF CORRECTIONS

One of the primordial mandates of the Bureau of Corrections is the effective rehabilitation of prisoners; thus, various programs are in place to address the rehabilitation aspect in corrections.

The term "rehabilitation" entered the official jargon of corrections in the country in 1955. This was when the Geneva Convention introduced the United Nations Standards on the Treatment of Prisoners to which the country is a signatory. Considered a breakthrough in protecting the rights of the incarcerated or those under the custody of law, rehabilitation has become the principal goal of corrections. Rehabilitation was first applied in medical practice. It came from the Latin word “habilis” -- literally, fit or suitable. Its meaning was expanded to mean “to restore to sound operation” or “to reestablish the good reputation” (Bantam, 1991).

Rehabilitation in correctional work is done through a combination of programs that involves spiritual activities, educational courses (formal and informal), medical and hygienic practices, cultural and recreational activities, productive work, counseling, therapeutic and disciplinary measures. After the basic needs of an inmate are met, the formal rehabilitation process involves the following institutionalized programs: Inmate Work program, health care, education and skills training, recreation and sports, religious guidance and behavior modification using the therapeutic community approach.

Inmate Work Program

The Bureau offers a variety of inmate work programs, from agricultural to industrial. The purpose of the inmate work program is to keep the inmates busy, and to provide them money for their personal expenses and their families as well as help them acquire livelihood skills, in order that they may become productive citizens once they are released and assimilated back into the mainstream of society.

Different prison and penal farms provide institutional work programs for inmates. At the Davao Penal Colony, inmates work on the banana plantations of Tagum Development Company (TADECO) which has a joint venture agreement with the Bureau. Similarly, the vast tracts of land at the Iwahig Penal Colony are developed and tilled by inmates to produce various agricultural products, thereby generating income for the Bureau. The Sablayan Prison and Penal farm also provides agriculture and aquaculture programs for inmates.

Along this end, the Bureau under the present Director has encouraged agricultural and industrial production by providing farming implements, tractors, fertilizers and other inputs in order to sustain this area of rehabilitation for inmates.

Health Care Services

Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s medical history is recorded and properly documented by the Medical Specialist. Medical information and mental status examinations are given to ascertain his overall physical / mental fitness and whether he would be fit for work. This forms part of the diagnostic process which will eventually determine the most appropriate rehabilitation program for the inmate.

The principal medical care of inmates is provided through a 500-bed capacity hospital at the New Bilibid Prisons and at six (6) other mini-hospitals or clinics in the six (6) other prison and penal farms. All correctional facilities have a full and competent staff of medical practitioners in charge of clinics, infirmaries and hospitals. These centers are capable of minor surgical operations, laboratory examinations, radiology, psychiatric, rehabilitation and dental treatment.

Other government and private hospitals are also tapped in the implementation of standards pertaining to nutrition and protective health services for the prison community. Medical services also include a wide range of counseling techniques and therapy programs which address the psychological problems of inmates, including suicidal thoughts and feelings of rejection which may lead to disruption of peace and order within the prison compounds. When an inmate’s ailment is beyond the competence of the in-house medical doctors, the inmate is referred to a government hospital in accordance with prison rules and under proper security escorts.

Education and Skills Training

Rehabilitation can be facilitated by improving an inmate’s academic and job skills. Records show that many prisoners are poorly educated. A majority are elementary school drop outs or have not even finished primary school. Prison education amounts to remedial schooling designed to prepare inmates to obtain basic skills in reading, writing and mathematics.

In most correctional facilities, vocational programs are incorporated into job assignments and serve as on-the-job training. The goal is to provide inmates with skills that will improve their eligibility for jobs upon release. Most prison vocational training is geared toward traditional blue-collar employment in areas such as electronics, auto mechanics and handicrafts. At the Reception and Diagnostic Center, a basic computer literacy course with typing as a support course is available for inmates who have finished at least high school level.

Vocational training and social education focus on job readiness. The concern in these areas is life skills. If inmates are to reenter society and abstain from criminal activity, they must be employable and have the basic tools necessary to function as responsible citizens.

The National Penitentiary has a college degree program and a tertiary degree correspondence course, in addition to the regular secondary and compulsory basic literacy classes. Prisoners are strongly encouraged by the BuCor authorities to enroll while serving their sentence and to advance their academic skills.

Recreation and Sports

The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and outdoor sports activities, programs, tournaments and leagues all year round, to include basketball, volleyball, billiards, table tennis and chess. These sports competitions promote camaraderie among inmates, good sportsmanship and team-building. The latest addition is the newly constructed indoor sports center/gymnasium at the Maximum Security Compound which boasts of competition-standard flooring, sound system, locker rooms and bleachers.

All prison and penal farms have adequate recreational facilities for inmates, both for outdoor and indoor sports. Mini-bodybuilding gyms are available in most prison facilities, including the Muntinlupa Juvenile Training Center and the Therapeutic Community Center for inmates with drug cases.

For music lovers and musically-inclined inmates, numerous "videoke" centers are available. Musical instruments are available for practice or for use in variety shows.

Religious and Spiritual Guidance Program

Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their faith, with orderly conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned in every prison and penal farm. The prison chaplain sets the stage for

every regular spiritual activity. He is an officer of the institution who oversees the operation of the prison chapel. He is not only the spiritual leader but also a counselor and adviser. Prisoners may be baptized or given other sacraments. Religious Volunteer Officers, or RVOs belonging to different church groups provide weekly religious activities ranging from bible studies, devotions, prayer meetings or praise and worship. With a predominantly Roman Catholic prison population, a Catholic Mass is a regular feature in spiritual activities of the prison communities. Restrictions, however, are imposed if, in the course of religious activities, security is compromised or a program is too expensive.

Therapeutic Community Program

The Therapeutic Community (TC) Program represents an effective, highly structured environment with defined boundaries, both moral and ethical. The primary goal is to foster personal growth. This is accomplished by re-shaping an individual’s behavior and attitudes through the inmates’ community working together to help themselves and each other, restoring self confidence, and preparing them for their re-integration into their families and friends as productive members of the community.

Patterned after Daytop TC, New York which is the base of the Therapeutic Community movement in the world, the BuCor TC program was adopted as part of the Bureau's holistic approach towards inmate rehabilitation. It is implemented primarily but not limited to drug dependents.

The TC approach has been continuously proven worldwide as an effective treatment and rehabilitation modality among drug dependents, and has been noted to be effective in many prisons. By immersing a drug offender in the TC environment, he learns why he had developed his destructive habits, which led him to substance abuse. The program modifies negative behavior and or attitudes while restoring self confidence, and prepare inmates for their re-integration into their families and friends as productive members of the community. This behavioral modification program gradually re-shapes or re-structures the inmate within a family-like environment, wherein every member acts as his brother’s keeper.

As TC family members go on with their daily activities, a strong sense of responsibility and concern for each other’s welfare are developed. They are constantly being monitored for their progress and are regularly being evaluated by the TC-trained staff. The TC process allows for genuine introspection, cultivation of self-worth and positive rationalization that move the individual towards assuming a greater sense of personal and moral responsibility.

The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC approach are in line with its commitment to create a Drug-Free Prison. Worldwide developments in the treatment and rehabilitation of drug offenders using this therapeutic community approach have been noted to be effective in many prisons.

TERMS TO PONDER:

1. Alloplastic Adaptation . A form of adjustment which results from changes in the environmental surrounding of a person.

2. Anthropophagy . A sexual offense related to the eating of human flesh (cannibalism) and yhe drinking of the human blood (vampirism),

3. Atavism . Derived from the Latin term “Atavus” , meaning “ancestor” . It postulates that criminality diminishes in the evolutionary development of humanity, and that its appearance is a hereditary throwback on the evolutionary scale.

4. Auburn System . The organizing principle for prisoners begun in Auburn, New York in 1821 and still prevails. It emphasized common activities, external discipline, hard labor, and forced rehabilitation.

5. Banishment . Historically, this was a form of punishment whereby a person was exiled from a community for a specific time or for life.

6. Biological Determinism . The theory that certain qualities inherent in an organism cause its behavior. In this view, the substantive concerns of social science are eliminated or at least enormously subordinated.

7. Brutalization Effect . The belief that capital punishment encourages rather than discourages violent behavior. The execution itself, being violent and brutal, is thought to contribute to aggressive.

8. Caveat Emptor . Latin for “let the buyer beware” that is often used to justify fraudulent behavior. The belief that it is the responsibility of the consumer to exercise caution in business transaction.

9. Cognitive Theory . A branch of psychology that focuses on the mental processes of individuals. The theory tends to focus on perceptual distortions of reality which create problems in relationship.

10. Conflict Theory . An attempt to analyze its causes and consequences and eventually to speculate about its resolution or regulation.

11. DECISION- is the judgment of a court based on the verdict of a judicial officer or judge, that the accused is guilty of the offense in which he/she was charge.

12. SENTENCE- is the penalty imposed by the court upon a person convicted of a crime.

13. ACQUITTAL- is the judgment of a court based on the verdict or decision of the judge, that the defendant is not guilty of the charge against him.

14. PUNISHMENT- it is the redress that the state takes against an offender where it signifies pain suffering, or curtailment of its freedom.

15. PENALTY- is the suffering that is in flicted by the state for the transgression of law.

16. INDETERMINATE SENTENCE- is a type of sentence to imprisonment where the commitment is not specified to a fixed period.