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Practicum 1 - Compiled Notes to Review 1 Table of Specification Board of Criminology As of January 22, 2024 Subject: Correctional Administration Weight:...

Practicum 1 - Compiled Notes to Review 1 Table of Specification Board of Criminology As of January 22, 2024 Subject: Correctional Administration Weight: 10% (INSTITUTIONAL CORRECTIONS) PQF Level: 6 Bloom’s Taxonomy Topics and Competencies Wgt No. Remembering Understanding Applying Analyzing Evaluating Creating of Item The examinees can perform the following competencies under each topic: CORRECTIONAL 10% 100 5 26 49 13 7 ADMINISTRATION 1. Institutional Correction 4% 40 4 8 20 4 4 1.1. Discuss the theories and principles of Penology, Punishment, Penalty, Sentencing, and Rehabilitation, including 1.20 12 4 8 the rights, legal limitations, and conditions set forth by the Constitution, Law, and United Nations Declarations. 1.2. Apply the functions, organization, administration, management, operations, planning, decision- making process, training, 1 10 10 disciplinary process, and accountability of personnel in the BJMP, Provincial Jail, BUCOR, and other facilities. 1.3. Implement the admission process of persons deprived of liberty, release of persons deprived of liberty, security and safety processes and requirements of PDLs inside the institution, visitation, movement, and 1 10 10 escorting procedure, the trial of PDLs, custody, control and disciplinary process of PDLs in the BJMP, Provincial Jail, BUCOR, and other facilities. 1.4. Evaluate the principles, management, planning, and decision-making of crises and incidents in the BJMP, Provincial Jail, and BUCOR in case of 0.80 8 4 4 riot, escape, hostage, contrabands, fire, food poisoning, flood, earthquake, typhoon, and other calamities and incidents. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 2 Reasons why Death Penalty became the usual Punishment during this period and thereafter: CORRECTIONAL ADMINISTRATION INSTITUTIONAL CORRECTION (CRAD212) 1. Death of outlaws became a “protection for the English people”. It is because the people during PENOLOGY this period did not totally believe yet in the ability to a strong police force to combat The study of punishment for crime or of criminals. criminal offenders. It includes the study of control and prevention of crime 2. People lack confidence in the transportation of through punishment of criminal offenders. criminals. Gaols and Galleys became centers of The term is derived from the Latin word corruption and ineffective instruments of “POENA” which means pain or suffering. punishment. Penology is otherwise known as Penal Science. It is actually a division of criminology that deals 3. The doctrine of Crude Intimidation appeared or with prison management and the treatment of seemed to be a logical form of threat in order to offenders and concerned itself with the deter or prevent the people from violating the philosophy and practice of society in its effort law. to repress criminal activities. Penology has stood in the past and, for the 4. The assumption was that, the Ruling Class is most part, still stands for the policy inflicting tasked to protect property rights and maintain punishment on the offender as a consequence public peace and order. The system of of his wrongdoing. maintaining public order had little consideration or it did not recognize the social and economic condition of the lower working PENAL MANAGEMENT: class. The lawmakers and enforcers used Refers to the manner or practice of managing death penalty to cover property loss or damage or controlling places of confinement as in jails without further contemplating the value of life or prisons. of other people. CORRECTION The Primary Schools of Penology A branch of the Criminal Justice System is 1. The Classical School concerned with the custody, supervision and rehabilitation of criminal offenders. it maintains the “doctrine of psychological hedonism” or “free will”. That the individual It is that field of criminal justice administration calculates pleasures and pains in advance which utilizes the body of knowledge and of action and regulates his conduct by the practices of the government and the society in result of his calculations. general involving the processes of handling individuals who have been convicted of Advocated by: CESARRE BECARRIA & offenses for purposes of crime prevention and JEREMY BENTHAM control. It is the study of jail/prison management and 2. The Neo-classical School administration as well as the rehabilitation and It maintained that while the classical reformation of criminals. doctrine is correct in general, it should be It is a generic term that includes all modified in certain details. Since children government agencies, facilities, programs, and lunatics cannot calculate the procedures, personnel, and techniques differences of pleasures from pain, they concerned with the investigation, intake, should not be regarded as criminals, hence custody, confinement, supervision, or they should be free from punishment. treatment of alleged offenders. 3. The Positivist/Italian School Correction as a Process the school that denied individual Refers to the reorientation of the criminal responsibility and reflected non-punitive offender to prevent him or her from repeating reactions to crime and criminality. It his deviant or delinquent actions without the adheres to those crimes, as any other act, necessity of taking punitive actions but rather is a natural phenomenon. Criminals are the introduction of individual measures of considered as sick individuals who need to reformation. be treated by treatment programs rather than punitive actions against them. Correctional Administration Advocated by: HOLY THREE OF CRIMINOLOGY (CESARE LOMBROSO, The study and practice of systematic ENRICO FERRI, RAFAEL GAROFALO) management of jails or prisons and other institutions concerned with the custody, treatment, and rehabilitation of criminal Retaliation (Personal Vengeance) offenders. the earliest remedy for a wrong act to anyone (in the primitive society). The FUNCTIONS OF CORRECTION concept of personal revenge by the Maintenance of Institution victim’s family or tribe against the family Protection of law-abiding members of society or tribe of the offender, hence “blood feuds” was accepted in the early Reformation and Rehabilitation of offenders primitive societies. Deterrence of Crimes OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 3 Fines and Punishment punishment or employing physical force to intimidate a delinquent inmate. Customs has exerted effort and great force 8. Isolation or Solitary Confinement – non among primitive societies. The acceptance of communication, limited news, “the lone wolf”. vengeance in the form of payment (cattle, food, personal services, etc) became accepted as dictated by tribal traditions. As tribal leaders, Contemporary Forms of Punishment: elders and later kings came into power, they began to exert their authority on the 1. Imprisonment – putting the offender in negotiations. Wrongdoers could choose to stay prison for the purpose of protecting the public away from the proceedings (Trial by ordeal) but against criminal activities and at the same if they refuse to abide by the law imposed, they time rehabilitating the prisoners by requiring will be declared to be an outlaw. them to undergo institutional treatment programs. THE EMERGENCE OF SECULAR LAW 4th A.D. - Secular Laws were advocated by Christian 2. Parole - a conditional release of a prisoners philosophers who recognizes the need for justice. after serving part of his/her sentence in prison Some of the proponents these laws were St. for the purpose of gradually re introducing Augustine and St. Thomas Aquinas. him/her to free life under the guidance and supervision of a parole officer. Three Laws were distinguished: 3. Probation – a disposition whereby a defendant External Law (Lex Externa) after conviction of an offense, the penalty of Natural Law (Lex Naturalis) which does not exceed six years Human Law (Lex Humana) imprisonment, is released subject to the All these laws are intended for the common good, conditions imposed by the releasing court and but the Human law only becomes valid if it does under the supervision of a probation officer. not conflict with the other two laws. 4. Fine – an amount given as compensation for a criminal act. Punishment: It is the redress that the state takes against an 5. Destierro – the penalty of banishing a person offending member of society that usually from the place where he committed a crime, involves pain and suffering. prohibiting him to get near or enter the 25- It is also the penalty imposed on an offender for kilometer perimeter. a crime or wrongdoing. PURPOSES/JUSTIFICATIONS OF PUNISHMENT: Ancient Forms of Punishment: Death Penalty - affected by burning, beheading, 1. Retribution – the punishment should be hanging, breaking at the wheels, pillory and other provided by the state whose sanction is forms of medieval executions. violated, to afford the society or the individual the opportunity of imposing upon the offender Physical Torture - affected by maiming, suitable punishment as might be enforced. mutilation, whipping and other inhumane or Offenders should be punished because they barbaric forms of inflicting pain. deserve it. Social Degradation - putting the offender into 2. Expiation or Atonement – it is punishment in shame or humiliation. the form of group vengeance where the purpose is to appease the offended public or group. Banishment or Exile - the sending or putting away of an offender which was carried out by 3. Deterrence – punishment gives a lesson to the prohibition against coming into a specified offender by showing to others what will territory such as an island to where the offender happen to them if they violate the law. has been removed. Punishment is imposed to warn potential offenders that they cannot afford to do what Other similar forms of punishment like the offender has done. transportation and slavery. 4. Incapacitation and Protection – the public Early Forms of Prison Discipline: will be protected if the offender has been held 1. Hard Labor - productive works. in conditions where he cannot harm others 2. Deprivation – deprivation of everything except especially the public. Punishment is affected by placing offenders in prison so that society the bare essentials of existence will be ensured from further criminal 3. Monotony – giving the same food that is “off” depredations of criminals. diet or requiring the prisoners to perform drab or boring daily routine. 5. Reformation or Rehabilitation – it is the 4. Uniformity – “we treat the prisoners alike”. establishment of the usefulness and “The fault of one is the fault of all”. responsibility of the offender. Society’s interest 5. Mass Movement – mass living in cell blocks, can be better served by helping the prisoner to mass eating, mass recreation, mass bathing. become law abiding citizen and productive 6. Degradation – uttering insulting words or upon his return to the community by requiring languages on the part of prison staff to the him to undergo an intensive program of prisoners to degrade or break the confidence of rehabilitation in prison. prisoners. 7. Corporal Punishment – imposing brutal OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 4 SOCIAL JUSTIFICATION OF PENALTY: attaches an equal or greater penalty or for two or 1. Prevention – the state must punish the more crimes to which it attaches a lighter penalty. criminal or prevent or suppress the danger to the state arising from the criminal acts RECIDIVIST - one who, at the time of his trial for of the offender. one crime, shall have been previously convicted by 2. Self-defense – the state has the right to final judgment of another crime embraced in the punish the criminal as a measure of self- same title of this Code. defense so as to protect society from the threat and wrong inflicted by the criminal. QUASI-RECIDIVIST - Quasi-recidivism is a special 3. Reformation – the object of punishment in aggravating circumstance where a person, after criminal cases is to correct and reform the having been convicted by final judgment, shall offender. commit a new felony before beginning to serve such 4. Exemplarity – criminal is punished by the sentence, or while serving the same state as an act to deter others from committing crimes. THE MODERN PERIOD OF CORRECTION 5. Justice – that crime must be punished by the state as an act of retributive justice, a Modern Penal Management incorporates vindication of absolute rights and moral general principles of treating offenders that are violated by the criminal. based on humane practices such as the following: PENALTY and THE MODERN PERIOD OF 1. Jail or Prison rules shall be applied CORRECTION impartially without discrimination on ground of race, color, language, religion or PENALTY is defined as the suffering inflicted other opinion, national or social origin, by the state against an offending member for property, birth or other status. the transgression of law. 2. The religious beliefs and moral precepts not contrary to law, which a prisoner Juridical Conditions of Penalty Punishment must be: holds, must be respected. 3. Prison or Jail rules and regulations shall 1. Productive of suffering – without however be applied with firmness but tempered affecting the integrity of the human with understanding. personality. 4. Custodial force shall, at all times, conduct 2. Commensurate with the offense – different themselves as good examples. crimes must be punished with different 5. Abusive or indecent language to prisoners penalties (Art. 25, RPC). shall not be used. 3. Personal – the guilty one must be the one to 6. Special care towards inmates shall be be punished, no proxy. practiced preventing humiliation or degradation. 7. No use of force must be made by any of the Duration of Penalties: custodial force, except in self- defense or 1. Death Penalty – Capital punishment attempt to escape or in case of passive 2. Reclusion Perpetua – life imprisonment, a physical resistance to a lawful order. term of 20-40 yrs imprisonment 8. Custodial force shall bear in mind that 3. Reclusion Temporal – 12 yrs and 1 day to prisoners are sick people who need 20 years imprisonment treatment. 4. Prision Mayor – 6 yrs and 1 day to 12 years 5. Prision Correctional – 6 months and 1 day to 6 years THE PHILIPPINE PRISON SYSTEM 6. Arresto Mayor – 1 month and 1 day to 6 months RA 6975 - Sec. 60 to 65, created the BJMP. 7. Arresto Menor – 1 day to 30 days 8. Bond to Keep the Peace – discretionary on RA 10575 - The Bureau of Corrections Act of the part of the court. 2013. Three major government functionaries PRESCRIPTION OF PENALTY: involved in the Philippine correctional system: 20 Years – Reclusion Perpetua & Temporal 15 Years – Afflictive Penalties 10 years – 1. DOJ Correctional Penalties 2. DILG 5 Years – Arresto Minor 3. DSWD 1 Year – Crime of Libel 6 Months – Oral defamation and Slander by DOJ - supervises the national penitentiaries deed through the Bureau of Corrections, 2 Months – Light Offense administers the parole and probation system through the Parole and Probation Administration, and HABITUAL DELIQUENCY - if within a period of ten assists the President in the grant of executive years from the date of his release or last conviction clemency through the Board of Pardons and of the crimes of robo, hurto, estafa, or falsification, Parole. he is found guilty of any of said crimes a third time or oftener. DILG - supervises the provincial, district, city and municipal jails through the provincial REITERACION - That the offender has been governments and the Bureau of Jail previously punished by an offense to which the law Management and Penology, respectively. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 5 ◻ Youngest and fastest growing colony under DSWD - supervises the regional rehabilitation the BUCOR centers for youth offenders. ◻ Rice – principal product BUREAU OF CORRECTIONS 2. IWAHIG PENAL COLONY AND FARM (Palawan) ◻ 45,385 Hectares (Ha) The Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed ◻ November 16, 1904 during the Aquino Administration. It states that the ◻ LT. GEORGE WOLFE – first prison head of the Bureau of Corrections is the Director of Director; former US Expeditionary Force Prisons who is appointed by the President of the ◻ GOV. LUKE E. WRIGHT – established the Philippines with the confirmation of the institution for incorrigible criminals Commission of Appointments. The Bureau of Corrections has general supervision and control of ◻ Reorganization Act of 1407 – changed all national prisons or penitentiaries. It is charged the policy of having incorrigible into well with the safekeeping of all Insular Prisoners behaved criminals. confined therein or committed to the custody of the Bureau. ◻ One of the best open institutions in the World. Coverage of the Bureau of Corrections ◻ Sub-colonies (4): ▪ Sta. Lucia Sub-colony- 9685 Ha A. National Bilibid Prisons (Muntinlupa, Rizal) ▪ Inagawan Sub-colony- 13000 Ha ▪ Montible Sub-colony- 8000 Ha 1. NEW BILIBID PRISONS (Main Building) - 552 hectares – Maximum security unit ▪ Central Sub-colony- 14000 Ha ◻ Tagumpay Settlement – distributed to 1. Camp Sampaguita released inmates who desire to live in the ∙ RDC, Medium Security Unit and Youth settlement Rehabilitation Center is Located. 3. DAVAO PENAL COLONY AND FARM (Central 2. Camp Bukang Liwayway Davao) ∙ Houses 1500 Minimum Security prisoners ◻ 30,000 Hectares with a prison reservation who work in various projects for the of 8,000 hectares institution. ◻ General Paulino Santos – 1st Penal Note: Old Bilibid Prison (Carcel y Presidio Superintendent Correccional) – also known as Mayhalique estate; ◻ GOV. DWIGHT DAVIS - signed established on 25 June 1865 via royal decree. Now Proclamation No. 414 on October 7, Manila City Jail. 1931, which reserved a site for the penal colony in Davao province in Mindanao. Commonwealth Act No. 67 - a new prison was The site offered ideal conditions for built in Muntinlupa on 551 hectares (1,360 acres) agricultural activities. of land in an area considered at that time to be "remote". ◻ During World War II, the colony was converted into a concentration camp Construction began on New Bilibid in 1936 with a where more than 1,000 Japanese. budget of One million pesos. ◻ Sub-colonies: 1. Panabo Sub-colony B. Reception and Diagnostic Center (RDC) 2. Kapalong Sub-colony - renamed DIRECTORATE FOR RECEPTION ◻ Tanglaw Settlement – released inmates AND DIAGNOSTICS (DRD) by R.A 10575 relocated homesteaders Sec. 5, Paragraph “b” 4. San Ramon Penal Colony and Farm C. CORRECTIONAL INSTITUTION FOR WOMEN (Zamboanga) (Mandaluyong) ◻ 1,524.6 Hectares ◻ 8 Hectares ◻ August 21,1870 through a royal decree ◻ Situated 1stat Old Bilibid Prison, due to promulgated in 1869 complicated scenario they were transferred. ◻ ◻ GOV. GENERAL RAMON BLANCO (whose Republic Act No. 3579 in November 27, 1929 patron saint the prison was named after) ◻ Dressmaking, beauty culture, handicrafts, cloth weaving and slipper making. 5. LEYTE REGIONAL PRISON (Abuyog, Leyte) ◻ 861 Hectares ◻ was established a year after the declaration D. The Penal Colonies: of martial law in 1972 by virtue of 1. Sablayan Penal Colony and Farm (Occ. ◻ Presidential Decree No. 28 Mindoro) ◻ Has an inmate capacity of 500. ◻ 16,408.5 Hectares ◻ September 27, 1954 – issued Proclamation No. 72 OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 6 PRISON 3. City Prisoners - A penitentiary, an institution for the Those sentenced to suffer a term of imprisonment (incarceration) of persons imprisonment from 1 day to 3 years or a fine of not more than 1,000 pesos or both. convicted of major/ serious crimes. - A building, usually with cells, or other Those detained therein whose cases are filed places with the MTC. established for the purpose of taking safe custody or confinement of criminals. Those detained therein whose cases are cognizable by the RTC and under - A place of confinement for those for those Preliminary Investigation. charged with or convicted of offenses against the laws of the land. 4. Municipal Prisoners WHO IS A PRISONER? Those confined in Municipal jails to serve - A prisoner is a person who is under the imprisonment from 1 day to 6 months. custody of lawful authority. A person who Those detained therein whose trials of their by reason of his criminal sentence or by a cases are pending with the MTC. decision issued by a court, may be deprived of his liberty or freedom. - A prisoner is any person detained/confined CLASSIFICATION OF PRISONERS in jail or prison for the commission of a ACCORDING TO DEGREE OF SECURITY: criminal offense or convicted and serving in a penal institution. 1. Super Maximum-Security Prisoners - A person committed to jail or prison by a competent authority for any of the following A special group of prisoners composed of reasons: To serve a sentence after incorrigible, intractable, and highly conviction – Trial – Investigation – dangerous persons who are the source of constant disturbances even in a maximum- s e c u r i t y prison. GENERAL CLASSIFICATION OF PRISONERS They wear orange color uniform. 1. Detention Prisoners – those detained for investigation, preliminary hearing, or 2. Maximum Security Prisoners awaiting trial. A detainee in a lock up jail. The group of prisoners whose escape could They are prisoners under the jurisdiction be dangerous to the public or to the security of Courts. of the state. It consists of constant troublemakers but not 2. Sentenced Prisoners – offenders who are as dangerous as the super maximum-security committed to jail or prison in order to prisoners. Their movements are restricted, serve their sentence after final conviction and they are not allowed to work outside the by a competent court. They are prisoners institution but rather assigned to industrial under the jurisdiction of penal shops within the prison compound. institutions. They are confined at the Maximum Security 3. Prisoners who are on Safekeeping – Prison (NBP Main Building), they wear includes non-criminal offenders who are orange color of uniform. detained in order to protect the Prisoners includes those sentenced to serve community against their harmful sentence 20 years or more, or those who’s behavior. Ex. Mentally deranged sentenced are under the review of the individuals, insane person. Supreme Court, and offenders who are criminally insane having severe personality or emotional disorders that make them CLASSIFICATION OF SENTENCED PRISONERS: dangerous to fellow offenders or staff members. 1. Insular or National Prisoners 3. Medium Security Prisoners Those sentenced to suffer a term of sentence of 3 years and 1 day to life Those who cannot be trusted in open imprisonment. conditions pose lesser danger than maximum-security prisoners in case they Those sentenced to suffer a term of escape. imprisonment cited above appealed the judgement and were unable to file a bond It consists of groups of prisoners who may be for their temporary liberty. allowed to work outside the fence or walls of the penal institution under guard or with escorts. 2. Provincial Prisoners They occupy the Medium Security Prison Those persons sentenced to suffer a term of (Camp Sampaguita) and they wear blue color imprisonment from 6 months and 1 day to of uniforms. Generally, they are employed as 3 years or a fine not more than 1,000 pesos, agricultural workers. or both: or It includes prisoners whose minimum Those detained therein waiting for sentence is less than 20 years and life preliminary investigation of their cases sentenced prisoners who served at least 10 cognizable by the RTC. years inside a maximum security prison. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 7 4. Minimum Security Prisoners Principles of the BJMP: A group of prisoners who can be reasonably 1. It is the obligation of jail authorities to confine trusted to serve sentence under “open offenders safely and provide rehabilitative conditions”. programs that will negate criminal tendencies This group includes prisoners who can be and restore their positive values to make them trusted to report to their work assignments productive and law-abiding citizens. without the presence of guards. 2. No procedure or system of correction shall They occupy the Minimum Security Prison deprive any offender of hope for his ultimate (Camp Bukang Liwayway) and wear brown return to the fold of the law and full membership color uniforms. in society. 3. Unless provided otherwise, any person accused WHAT IS A JAIL? of a criminal offense shall be presumed innocent and his rights, as a free citizen shall be - is a place for locking-up of persons who are respected, except for such indispensable convicted of minor offenses or felonies who restraints during his confinement in the interest are to serve a short sentence imposed upon of justice and public safety. them by a competent court, or for 4. Offenders are human beings entitled to the confinement of persons who are awaiting same basic rights and privileges enjoyed by trial or investigation of their cases. citizens in a free society, except that the exercise of these rights are limited or controlled TYPES OF JAILS: for security reasons. 5. Health preservation and prompt treatment of 1. Lock-up Jails illness or injury is a basic right of every person - is a security facility, common to police. confined in jail and it is the duty of jail facilities stations, used for temporary to arrange for their treatment subject to security confinement of an individual held for measures. investigation. 6. Members of the custodial force shall set 2. Ordinary Jails themselves as examples by performing their - is the type of jail commonly used to detain duties in accordance with the rules and a convicted criminal offender to serve respecting the laws duly constituted by the sentence less than three years. authorities. 7. No jail personnel shall be abusive, insulting, 3. Workhouses, Jail Farms or Camp - a facility that houses minimum custody indecent language on the offenders. offenders who are serving short sentences 8. No jail personnel shall use unnecessary force or those who are undergoing constructive on offenders except for legitimate self-defense or work programs. It provides full employment in cases of attempted active and passive of prisoners, remedial services and constructive leisure time activities. physical resistance to a lawful order. 9. No penalty shall be imposed upon any offender II. PROVINCIAL JAILS for violation of rules/regulations unless in - Provincial Jails in the Philippines are not accordance with duly approved disciplinary under the jurisdiction of the Bureau of procedures. Corrections. They are managed and controlled by the provincial government. 10. Penalties to be imposed shall not be cruel, inhuman, or degrading, and no physical punishment shall be employed as a III. BUREAU OF JAIL MANAGEMENT AND correctional measure. PENOLOGY (BJMP) 11. Members of the custodial force must The BJMP exercises supervision and control over all understand that offenders need treatment and cities and municipal jails throughout the country. counseling, and the primary purpose of The enactment of Republic Act no. 6975 created the confinement is for safekeeping and BJMP. It operates as a line bureau under the rehabilitation. Department of the Interior and Local Government 12. When conducting routinary custodial (DILG). guarding, the ratio of 1:7, or one guard for every 7 offenders shall be observed. Mission of the BJMP 13. When the offender is in transit, the ratio of 1:1+1 for every offender shall be observed. In o The Jail Bureau shall direct, supervise and case of high-risk offender that demands extra control the administration and operation of all precaution, additional guards shall be district, city and municipal jails to effect a employed. This manning level shall be national better system of jail Management nationwide. in scope for effective jail administration. Objectives of the BJMP: 1. To improve the living conditions of the POWERS, FUNCTIONS AND ORGANIZATION OF offenders in accordance with the accepted THE BJMP standards set by the United Nations. 2. To enhance rehabilitation and reformation of A. Powers: offenders in preparation for their eventual The Bureau shall exercise supervision and reintegration into the mainstream of society control over all districts, city and municipal upon their release. jails to ensure a secured, clean, sanitary and 3. To professionalize jail services. adequately equipped jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice or persons detained awaiting investigation or trial and/or transfer OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 8 to the National Penitentiary, and any violent, Provincial Level: mentally ill person who endangers himself or In the Provincial Level, there shall be designated a the safety of others. Provincial Jail Administrator to perform the same B. Functions: functions as the ARDs province wide. In line with its mission, the Bureau endeavors to perform the following: DUTIES AND RESPONSIBILITIES: 1. Formulate policies and guidelines on the administration of all districts, city and A. WARDEN municipal jails nationwide; - Direction, Coordination, and Control of the Jail. 2. Formulate and implement policies for the programs of correction, rehabilitation and Responsible for the: treatment of offenders; * Security, safety, discipline and well-being 3. Plan the program funds for the subsistence of inmates allowance of offenders; The office of the warden may organize the following 4. Conduct research, develop and implement plans and programs for the improvement of units: jail services throughout the country. 1. Intelligence and Investigation Team C. Organization and Key Positions in the BJMP: - It gathers, collates and submits The BJMP, also referred to as the Jail Bureau, intelligence information to the office of the was created pursuant to Section 60, R.A. no. warden on matter regarding the jail condition. 6975, and initially consisting of uniformed officers and members of the Jail management and 2. Jail Inspectorate Section Penology service as constituted under P.D. no. 765. - Inspect jail facilities, personnel, and prisoners and submit reports to the warden. The Bureau shall be headed by a chief with the rank of Director and assisted by a Deputy Chief with the 3. Public Relation Office Rank of Chief Superintendent. - Maintain public relations to obtain the necessary and adequate public support. The Central Office is the Command and Staff HQ of the Jail Bureau composed of 3 Command Groups, 6 B. ASSISTANCE WARDEN Coordinating Staff Divisions, 6 Special Staff Groups - The office of the Assistant Warden and 6 Personal Staff Groups namely: undertakes the development of a systematic 1. Command Group process of treatment. - Chief, BJMP - Chairman of the Classification Board and - Deputy C/BJMP Disciplinary Board. - Chief of Staff 2. Coordinating Staff Groups - Logistics Division 1. ADMINISTRATIVE GROUPS 3. Special Staff Groups - The administrative groups take charge of all 4. Personal Staff Groups administrative functions of the jail bureau. - Aide-de-Camp 1. Personnel Management Branch - Intelligence Office - Public Information Office ▪ Assignment of personnel - Legal Office ▪ Procedures of selection - Adjudication Office ▪ Preparation of personnel reports - Internal Audit ▪ Individual record file 2. Records and Statistics Branch Regional Office: ▪ Keep and maintain booking sheets and - Administrative Division arrest reports - Operations Division ▪ Keep an orderly record of fingerprints - Finance Management Division and photographs - Research Plans and Programs ▪ Present/ Prepare statistical data of - Inspection and Investigation inmates - General Services Unit 3. Property and Supply Branch - Health Services Unit ▪ Take charge of the safekeeping of - Chaplain Services Unit equipment and supplies and materials - Community Services Unit needed for the operation of the jail. - Finance Services Unit 4. Budget and Finance Branch - Hearing Office ▪ Take charge of all financial matters such as budgeting, financing, At the Regional Level, each Region shall have a accounting, and auditing. designated Assistant regional Director for Jail 5. Mess Service Branch management and Penology. ▪ Take charge of the preparation of the OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 9 daily menu, prepares and cooks the and provide support for their families food and serve it to inmates. while in jail. 6. General Service Branch 3. Socio- Cultural Services ▪ Responsible for the maintenance and - It takes care of the social case work repair of jail facilities and equipment. study of the individual prisoners by It is also a task with the cleanliness making interviews, home visits, referral and beautification of the jail to community resources, free legal compound. services, and liaison works for the 7. Mittimus Computing Branch inmates. ▪ Tasked to receive court decisions and 4. Chaplaincy Services compute the date of the full completion - It takes charge of the religious and of the service of sentence of inmates. moral upliftment of the inmates through Mittimus - is a warrant issued by a court directing religious services. This branch caters to the jail or prison authorities to receive the convicted all religious sects. offender for the service of sentence imposed therein 5. Guidance and Counseling Services or for detention. - Responsible for individual and group counseling activities to help inmates B. SECURITY GROUPS: solve their individual problems and to - The security groups provide a system of sound help them lead a wholesome and custody, security and control of inmates and constructive life. their movements and also responsible to enforce prison or jail discipline. THE RECEPTION AND DIAGNOSTIC CENTER 1. Escort Platoon (RDC) a) Escort Section – to escort inmate upon order of any judicial body; upon summon This is a special unit of prison (Camp Sampaguita) of a court; or transfer to other penal where new prisoners undergo diagnostic institutions. examination, study and observation for the purpose of determining the programs of treatment and b) Subpoena Section – receives and training best suited to their needs and the distributes court summons, notices, institution to which they should be transferred. subpoenas, etc. 2. Security Platoon - a three (3) working platoon shifts It is composed of the following staff members: responsible for overall security of the jail 1. The Psychiatrist – responsible for the examination of the prisoner’s mental and compound including gates, guard posts emotional make-up. and towers. They are also responsible 2. The Psychologist – responsible for for the admitting and releasing unit. conducting study on the character and behavior of the prisoners. C. REHABILITATION PURPOSES GROUPS: 3. The Sociologist – study the social case - This group provides services and assistance situation of the individual prisoner. to prisoners and their families to enable 4. The Educational Counselor – conducts them to solve their individual needs and orientation classes in order to change problems arising from the prisoners’ inmates’ attitude towards education and confinement. recommends educational program for the prisoner. 1. Medical and Health Services Branch 5. The Vocational Counselor – to test the - Provides medical and physical prisoner’s special abilities, interests and skills and recommends the vocational course examinations of inmates upon best suited to the prisoner. confinement, treatment of sick inmates 6. The Chaplain – encourage the prisoner to and conduct medical and physical participate in religious activities. examinations and provide medicines or 7. The Medical Officer – conducts physical recommends for the hospitalization of examination and recommends medical seriously ill prisoners or inmates. It also treatment of prisoners. conducts psychiatric and psychological 8. Custodial-Correctional Officer – examinations. recommends the transfer and type of custody 2. Work and Education Therapy Services of inmates. - It takes charge of the job and educational programs needed for rehabilitation of inmates by providing them job incentives so they can earn OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 10 THE QUARANTINE CELL OR UNIT 4. Recreational Programs - The only program that is conducted during free time schedule. This may be a unit of the prison or a section of the RDC where the prisoner is given a thorough 5. Medical and Health Services - Medical and physical examination including blood test, x-rays, health services includes Mental and physical vaccinations and immunity. This is for the purpose examination - Diagnosis and treatment – of insuring that the prisoner is not suffering from Immunization – Sanitary - inspections - any contagious disease, which might be transferred Participation in training to the prison population. 6. Counseling and Casework ADMISSION PROCEDURES IN PRISON SECTION 9. PUNISHABLE ACTS 1. RECEIVING An inmate is strictly prohibited from committing - The new prisoner is received at the RDC. The any of the following acts: new prisoner usually comes from a provincial or city jail where he was immediately A. Minor Offenses committed upon conviction by the court and 1. Selling or bartering with fellow inmate (s) those escorted by the escort platoon during his transfer to the National Prison. items are not classified as contraband; 2. Rendering personal service to fellow inmates; 2. CHECKING OF COMMITMENT PAPERS 3. Untidy or dirty personal appearance; - The receiving officer checks the commitment 4. Littering or failing to maintain cleanliness and papers to see if they are in order. That is, if they contain the signature of the judge or the orderliness in his / her quarters and / or signature of the clerk of court, and the seal of surroundings; the court. 5. Making frivolous or groundless complaints; 3. IDENTIFICATION 6. Taking the cudgels for or reporting complaints - The prisoner’s identity is established through on behalf of other inmates; the picture and fingerprint appearing in the 7. Late in formation during inmate headcount commitment order. - This is to ensure that the person being without justifiable reason; and, committed is the same as the person being 8. Willful waste of food. named in the commitment order. 4. SEARCHING B. Less Grave Offenses - This step involves the frisking of the prisoner 1. Failure to report for work detail of sentenced and searching his personal things. Weapons and other items classified as contraband are inmates without sufficient justification; confiscated and deposited to the property 2. Failure to render assistance to an injured custodian. Other properties are deposited with personnel or inmate; the trust fund officer under recording and receipts. 3. Failure to assist in putting out fires inside the jail; 5. BRIEFING AND ORIENTATION 4. Behaving improperly or acting boisterously - Prisoner will be brief and oriented on the rules during religious, social and other group and regulations of the prison before he will be assigned to the RDC or the quarantine unit. functions; 5. Swearing, cursing or using profane or defamatory language directed at other THE TREATMNENT PROGRAMS persons; A. The Institutionalized Treatment Programs 6. Malingering or pretending to be sick to escape work assignment; 1. Prison Education – the cornerstone of 7. Spreading rumors or malicious intrigues to rehabilitation. It is the process or result of formal training in school or classrooms besmirch the honor of any person, intended to shape the mind and attitude particularly BMJP personnel; of prisoners towards good living upon 8. Failure to stand at attention and give due their release. respect when confronted by or reporting to 2. Work Programs – these are programs any BJMP personnel; conducive to change behavior in morale by 9. Forcing fellow inmates to render personal training prisoners for a useful occupation. It is service for him / her and / or to others; purposely to eliminate idleness on the part of prisoners, which may contribute to “Prison 10. Exchanging uniforms or wearing clothes other stupor”, and it affects the incidence of Prison than those issued to him / her for the purpose riot. of circumventing jail rules; 3. Religious Services in Prison - The purpose of 11. Loitering or being in an authorized place; this program is to change the attitudes of 12. Using the telephone without authority from inmates by inculcating religious values or the Desk Officer / Warden belief. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 11 13. Writing, defacing, or drawing on walls, floors 21. Failing to inform the authorities concerned or any furniture or equipment; when afflicted with any communicable 14. Withholding information which may be disease, such as tuberculosis, sexually transmitted diseases, etc; inimical or prejudicial to the jail 22. Engaging in gambling or any game of chance; administration; 23. Committing any act which is a violation of any 15. Possession of lewd or pornographic literature law or ordinance, in which case, he/she shall and / or photographs; be prosecuted criminally in accordance with 16. Absence from cell, brigade, place of work law and; during headcount, or at any time without 24. Committing any act prejudicial to good order justifiable reason and; and discipline. 17. Failure to turn over any implement / article issued after work detail. GOOD CONDUCT TIME ALLOWANCE (GCTA) OLD (Granted by the DIRECTOR OF PRISON) C. Grave Offenses 1. Making untruthful statements or lies in any YEARS OF GOOD BEHAVIOR (Old) ALLOWANCE official communication, transaction, or EARNED (Old) investigation. 1. 1 year to 2 years - 5 days per month 2. Keeping on concealing keys or locks of places 2. 3 years to 5 years - 8 days per month in the jail which are off-limits to inmates; 3. 6 years to 10 years - 10 days per month 3. Giving gifts, selling, or bartering with jail 4. 11 years and up years - 15 days per month personnel REPUBLIC ACT NO. 10592 (MAY 29, 2013) - AN 4. Keeping in his/her possession money, jewelry, ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 cellular phones or other communication OF ACT NO. 3815, AS AMENDED, OTHERWISE devices and other items classified as KNOWN AS THE REVISED PENAL CODE contraband under the rules; 5. Tattooing others or allowing him / her to be tattooed on any part of the body, or keeping GOOD CONDUCT TIME ALLOWANCE (NEW) any paraphernalia to be used in tattooing; YEARS OF GOOD BEHAVIOR ALLOWANCE 6. Forcibly taking or extorting money from fellow EARNED inmates and visitors; (NEW) (Old) 7. Punishing or inflicting injury or any harm upon him / herself or other inmates 1. 1 year to 2 years - 20 days per month 8. Receiving, keeping, taking or drinking liquor 2. 3 years to 5 years - 23 days per month and prohibited drugs; 3. 6 years to 10 years - 25 days per month 4. 11 years and up years - 30 days per month 9. Making, improvising or keeping any kind of deadly weapon; NOTE: At any time during his period of 10. Concealing or withholding information on imprisonment shall be allowed another deduction of plans of attempted escapes; 15 days for each month of study, teaching and 11. Unruly conduct and flagrant disregard or mentoring time service rendered. discipline and instructions; 12. Escaping, attempting or planning to escape SPECIAL TIME ALLOWANCE FOR LOYALTY from the institution or from any guard; (STAL) 13. Helping, aiding or abetting others to escape; It is a deduction of 1/5 of the period of sentence 14. Fighting, causing any disturbance or to any prisoner who, having evaded the service participating therein and / or agitating to of his sentence under the circumstances in art. cause such disturbance or riot; 158 RPC gives himself up to the authority within 15. Indecent, immoral or lascivious acts by him / 48 hours following the issuance of a her or others and / or allowing him / herself proclamation announcing the passing away of to be the subject to such indecent, immoral or the calamity by the President of the Philippines. lascivious acts; 16. Willful disobedience to a lawful order issued Also include under R.A 10592 by any BJMP personnel; “ART. 98. Special time allowance for loyalty. – A 17. Assaulting any BJMP personnel; deduction of one fifth of the period of his sentence 18. Damaging any government property or shall be granted to any prisoner who, having equipment; evaded his preventive imprisonment or the service 19. Participating in kangaroo court, an of his sentence under the circumstances unauthorized or irregular court conducted mentioned in Article 158 of this Code, gives with disregard for or perversion of legal himself up to the authorities within 48 hours procedures as a mock by the inmates in a jail following the issuance of a proclamation / prison. announcing the passing away of the calamity or 20. Affiliating with any gang or faction whose catastrophe referred to in said article. A deduction main purpose is to foment regionalism or to of two-fifths of the period of his sentence shall be segregate themselves from others; OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 12 granted in case said prisoner chose to stay in the Segregation Cell or Bartolina place of his confinement notwithstanding the 1. 1 - 7 days severe punishment in BJMP existence of a calamity or catastrophe enumerated 2. 1 – 2 months severe punishment in BuCor in Article 158 of this Code. “This Article shall apply to any prisoner ◻ DEATH CONVICT - those sentenced for Death (Lethal injection) whether undergoing preventive imprisonment or serving sentence.” ◻ Within 24 days - all letters are documented ◻ Privilege for visit with priest/family every week and others TYPES OF PRISONERS ◻ At least 4 members of the Family except minor, (According to Security Risk) two lawyers, personnel of PPA, two media from tabloid and broad sheet, news TV, Radio and Foreign ◻ only to serve as witness and not to do other things. shirt and Brown pants) Note: TYPES OF PRISONERS ◻ 60 years old – exempt from work (According to Privilege) ◻ 8 hours – minimum work time ◻ At least 4 times /day check of attendance ◻ Mailed allowed expenses should be shouldered by the prisoner subject to censorship. ◻ Pregnant Woman - can stay within one year if nowhere to place the baby, the baby will be 1. 3rd class - 3 times or more sentences given to DSWD 2. 2nd class - 1st time offender 3. 1st class - skilled prisoner 4. Colonies = they came from the first class which was given privilege. They can wear civilian cloth during the program, received the regular GCTA plus 10 days. (You can even request your wife from CIW to transfer to the colony or even with the entire family). Leaves from prison 60 days before the election and 30 days after election no release of prison. (immediate relative/legitimate spouse) apply two days before and allowed within 30 kilometers radius by land – interview with minimum and medium Note: Waiver and liability signed by/reported when requesting for interview. Disciplinary Actions 1. BJMP - Disciplinary Board (resolves issues within 48 hours) 2. BUCOR – Board of Discipline (resolve issues within 5 working days) 3. Reprimand - lowest penalty for violation in prison OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 13 Table of Specification Board of Criminology As of January 22, 2024 Subject: Correctional Administration Weight: 10% (NON-INSTITUTIONAL CORRECTIONS) PQF Level: 6 Bloom’s Taxonomy Remembering Understanding Applying Analyzing Evaluating Creating Topics and Competencies No. of Wgt Item The examinees can perform the following competencies under each topic: 2. Non-Institutional Correction 4% 40 4 8 20 4 4 2.1. Discuss the forms of clemency such as but not limited to: Executive Clemency - Pardon, Absolute and Conditional, Commutation of Sentence, and Reprieve; other relevant remedies granted by the Court; other clemency such as Decriminalizing certain criminal acts, Repealed Penal/ Criminal Laws; and 0.60 6 2 4 Amnesty. Including the processes and procedures of the grant denial/ disqualifications, process of supervision and monitoring, violation of the condition/s, changes in the condition/s, suspension, revocation, arrest of the grantee, early discharge, and release of grantee. 2.2. Apply the processes of the Probation System from petition, investigation, grant, denial/disqualification, supervision, monitoring, violation of the condition/s, changes in the condition/s, suspension, 1 10 10 revocation, trial, early discharge, and release of the probationer, including the role of the probation officer, probation aids, and the victim/complainant in the probation process. 2.3. Apply the processes of the Parole System from petition/review/evaluation of the institution BJMP and BUCOR, investigation, grant of the Board of Pardons and Parole, denial/ disqualifications, the process of supervision and monitoring, violation of 1 10 10 the condition/s, changes in the condition/s, suspension, revocation, arrest of the parolee, early discharge, and release of the parolee, including the role of the parole officer, and the victim/complainant in the parole process. 2.4. Discuss the process and grant of time allowance qualification/ disqualification/cancellation/ revocation 0.60 6 2 4 of the grant, and the related provisions of the extinction of criminal liability both total and partial. 2.5. Explain the relevant provisions of the law on PDLs preventive imprisonment, 0.80 8 4 4 allowance for good conduct, and special time for loyalty. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 14 probation is less expensive, which is only one tenth as costly as imprisonment. To the extent NON-INSTITUTIONAL CORRECTION that probation is being used today – about 60% of Community-Based Correction Program convicted offenders are given probation – this type of sentencing, therefore, will greatly relieve prison congestion. Chief Justice Taft of the United States What are the two kinds of CORRECTION Supreme Court in a case decided by that Court APPROACHES in the Philippines? mentioned the purpose of the federal Probation 1. Institutional Correction – Rehabilitation of Act as follows: offenders in Jail or Prison. “The great desideratum was the giving to young 2. Community-Based Correction – correctional and new violators of law a chance to reform and activities that take place in the community that to escape the contaminating influence of are directly addressed to the offender and aimed association with hardened or veteran criminals at helping him to become a law-abiding citizen. in the beginning of the imprisonment… Probation is the attempted saving of a man who REPRIEVE has taken one wrong step and whom the judge - This is temporary suspension of the execution think to be a brand who can be plucked from of sentence by the judge either before or after the burning at the time of the imposition of the judgment. sentence. “ - Early in the 17th century, with the establishment of settlements in America, PROBATION, also: English courts began to grant reprieves to is a privilege granted by the court; it cannot be prisoners under sentence of death on availed of as a matter of right by a person convicted condition that they accept deportation. of a crime. To be able to enjoy the benefits of probation, it must first be shown that an applicant RECOGNIZANCE OR “BINDING OVER FOR GOOD has no disqualifications imposed by law. BEHAVIOR” - This involves an obligation or promise under IS PROBATION A MATTER OF RIGHT? oath that the accused must “keep the peace” No, it is a mere privilege for adult offenders. and “be of good behavior”. However, under R.A. 9344 or Juvenile Justice and - Sureties or bail were usually required. Welfare Act of 2006, a Child in Conflict with the Law - Usually applied to any felony not capital. (CICL) is granted the right to probation as an - Led to the development of the first British alternative to imprisonment if qualified under the Probation Service. Probation Law. TRANSPORTATION HISTORY OF PROBATION IN THE PHILIPPINES - The sending or putting away of an offender to another colony. It was an attempt to August 7, 1935 – the Philippine Legislature enacted substitute for brutal punishment at home an the Probation Act (Act No. 4221) creating a opportunity for rehabilitation in a new Probation Office under the DOJ, led by a Chief country. Probation Officer appointed by the American Governor-General with the advice and consent of the United State Senate. PROBATION - A term coined by John Augustus, from the Latin verb "probare" – which means to prove or to test. This law provided probation for first offenders 18 years of age and above convicted of certain crimes. PROBATION is a procedure under which the - it stayed only for two years court releases a defendant found guilty of a crime without imprisonment subject to the condition People vs. Vera – it challenged the constitutionality imposed by the court and subject to the of Act 4221 on three grounds: supervision of the probation service. Probation 1. encroaches the pardoning power of the chief may be granted either through the withholding of Executive; sentence (suspension of imposition of a sentence) or through imposition of sentence and stay or 2. it constitutes an undue delegation of legislative suspension of its execution. The former is power; and generally considered more desirable. 3. it denies the equal protection of the laws. ADVANTAGES OF PROBATION November 16, 1937 - The Philippine Supreme Court (People vs. Vera, 37 Probation is more advantageous than O.G. 164) declared it as unconstitutional. It ruled imprisonment. In probation, the man is spared that said law contravened the “equal protection of the degrading, embittering and disabling the law clause” as it surrendered to provincial experience of imprisonment that might only boards of each province the power to appropriate or confirm them in criminal ways. On the other not, funds for the establishment of provincial hand, the offender can continue to work in his probation courts. place of employment. Family ties remain intact, thus preventing many a broken home. Also, OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 15 House Bill No. 393 4. The post-sentence investigation report (PSIR) is – Filed by Teodulo C. Natividad and Ramon submitted by the probation officer to the court Bagatsing. This is the second Bill/measure that within 60 days. attempts to establish an adult probation in the 5. The court grants or denies the petition for Philippines. It was passed in the lower house but probation within 15 days upon receipt of the pending in the senate when martial law was PSIR. proclaimed. Is there a need to apply for probation to avail of its The present probation law: benefits? Presidential Decree 968 - Yes, it will not be granted except upon the – Probation Law of 1976 application by the accused. The necessity for - This was signed into law by then President such application is indicated in Sec. 4, PD 968, Ferdinand Marcos on July 24, 1976 during the last which states that “the trial court may, after it day of the first national conference on Crime Control shall have convicted and sentenced a defendant held at Camp Aguinaldo. and upon application by said defendant within the period of perfecting an appeal. January 3, 1978 – effectivity of the application of the substantive provisions concerning grant of When can a petitioner file his application for probation. probation? - The law says that the application should be Section 32, RA 6425 (Dangerous Drug Act of 1972) made within the period for perfecting an appeal Probation is granted to drug addicts or within 15 days from the promulgation of notice of judgment. Forms of Community-Based Programs Is there a form prescribed for the application for probation? 1. PROBATION - Yes, it shall be in the form approved be the - It is a disposition whereby a defendant, after Secretary of justice as recommended by the conviction of an offense, the penalty of which Administrator or as may be prescribed by the SC. does not exceed 6 years of imprisonment, is Where can we file the application for probation? released subject to the conditions imposed by the releasing court and under the - The application for probation be filed directly supervision of a probation officer. to the trial court that heard and sentenced the person applying for probation. - Probation is a substitute for imprisonment, the probationer is compared to an out- patient, a sick person who does not need to What then be the duty of the court after receipt of the be hospitalized because his illness is application? considered less serious. - The trial court may notify the concerned prosecuting officer of the application at a Probationer – a person placed on probation. reasonable time before the scheduled hearing thereof. Absconding probationer – a person whose probation was granted but failed to report for Effects of filing an application for Probation supervision or fails to continue reporting for a) the court may, upon receipt of the application supervision or whose whereabouts are unknown for suspend the execution of sentence imposed in a reasonable period of time. judgment; b) Pending the submission of the PSIR and the Probation officer – one who investigates for the resolution on the application the applicant court a referral for probation or one who supervises may be allowed on temporary liberty under his a probationer or both. bail, on a new bail, or released on recognizance. Petitioner – an accused or defendant who files a formal petition for probation DISQUALIFICATIONS FOR PROBATION Procedures in Applying for Probation: a. Those who were sentenced to more than 6 years. b. Those who were convicted of crimes against 1. The offender or his counsel files a petition with the security of the state (Art. 134 to 157 except the convicting court. 135, 140 and 152 of the RPC). 2. The court determines convict qualifications and c. Those previously convicted and punished of notifies the prosecutor of the filing of the petition not less than 1 month and 1 day 3. The prosecutor submits his comments on such imprisonment and/or fine of not less than 200 application within 10 days from receipt of the pesos (include those punished with destierro. notification. d. Those who were previously granted probation 3. If the petitioner is qualified, his application is under P.D. 968. referred to the probation officer for post-sentence investigation. e. Those who were already serving their sentence when probation became applicable. OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 16 OUTSIDE TRAVEL The Court will not grant Probation if it finds: 1. The probation officer authorized the a. The offender can be treated better in a mental probationer to travel outside the area of the institution or other places for correction operation for a period of 10 days but not b. The offender is a risk to the community exceeding 30 days. c. The offense is grievous to the eyes of the 2. If 30 days, Probation must file 5 days before community travel a request to travel outside for the approval of Probation authorities. 3. If it is more than 30 days Probation Authorities When Probation is granted, what conditions are shall recommend for Court Approval. imposed by the court? a. The probationer must present himself to his probation officer within 72 hours CHANGE OF RESIDENCE b. Report to his probation officer at least once a 1. The probationer must file a request for change month of residence at the city or provincial Parole and Probation officer to the court approval. c. Not to commit another crime 2. If approved, The RTC which has jurisdiction d. Comply with any other lawful conditions over the place shall have full control of the imposed by the court. probationer. If the probationer committed a crime while under Who is a VOLUNTEER PROBATION AIDE? probation, what would be the consequences? a. The probationer will be arrested for violation - he/she is a civilian of good repute and integrity, at least 18 years of age, appointed by the of the condition of probation Probation Administration to assist the PO’s in b. Prosecution of the new crime committed investigation and supervision. A VPA is not c. The court will order the serving of the entitled to salary but is given a reasonable original sentence of the previous offense travel allowance. How long is the period of probation? TERMINATION OF PROBATION: a. Not more than 2 years if the sentence is After the probationer has satisfactorily completed imprisonment for 1 year or less the probation period, the Probation Officer shall b. Not more than 6 years if the sentence is submit termination report to the court containing imprisonment for more than 1 year but not the following: more than 6 years. a. condition of probation Note: Probation starts upon issuance of the court b. program of supervision and response to granting probation. treatment c. recommendation When should probation be denied? a. The offender is in need of correctional Two ways of terminating probation: treatment that can be provided more 1. after a period of probation with satisfactory effectively by his commitment to an institution compliance with the conditions of probation. b. There is undue risk that during the period of 2. Other ways of terminating probation probation the offender will commit another a. termination before the expiration of the crime period (served at least 1/3 of the imposed c. Probation will depreciate the seriousness of period but not less than 6 months) the offense. b. termination by pardon of the probationer (Either absolute or conditional) The offender may be released pending c. Deportation of the probationer – when an application for probation: alien on probation is deported, probation will a. On the same bond he filed during trial necessarily be terminated. b. On a new bond d. Death of probationer. c. To the custody of a responsible member of the Community if unable to file bond Rights Restored after Termination of Probation a. All civil rights suspended when the offended When can the Court Modify the Conditions for was convicted and sentenced are restored Probation? after the termination of probation a. at any time during supervision b. liability to pay a fine is also discharged IN b. after summary hearing when the probationer CASE OF SUBSIDIARY IMPRISONMENT violated any of its conditions c. upon application by the probation officer or How can Probation help in the Prevention of Crime? the probationer himself - When in the community, he is helped and given Note: Only the judge who heard and decided the opportunities to be productive and responsible case has the power to grant, deny, modify, revoke instead of going to prison and terminate probation. - Hopefully, these situations restrain the probationer from committing crime OUR LADY OF FATIMA UNIVERSITY – PAMPANGA CAMPUS COLLEGE OF CRIMINAL JUSTICE Practicum 1 - Compiled Notes to Review 17 How can Community help in the Success of NATURE OF INFORMATION GATHERED: Probation? - Strictly CONFIDENTIAL AND PRIVILEGED 1. community accepting the probationers, giving them a feeling NATURE OF POST SENTENCE INVESTIGATION - of belongingness It is recommendatory in nature and address to the 2. community agencies and schools are being sound discretion of the trial court opened for the training and treatment of probationers EFFECTIVITY OF PROBATION 3. community leaders and layman allowing the - Upon its issuance participation of probationers in developmental programs 4. religious organizations giving the FINALITY probationers spiritual advice and The order of the court granting or denying probation extending their social action programs to SHALL NOT BE APPEALABLE. probationers 5. various organizations providing temporary 1. PAROLE housing f