Correctional System of the Philippines management and prison rehabilitation.

A. Penology
B. Sociology
The Correctional System in the Philippines is
C. Correction
composed of six agencies under three distinct and
D. Anthropology
separate departments of the national government.
3
That three departments of the national
. Getting back at someone for something they did to
government are the following:
hurt you.
1. The Department of Justice
A. Punishment
2. The Department of the Interior and Local Government
B. Retribution
3. The Department of Social Welfare and Development
C. Justification
D. Penalty
Bureau of Corrections - is an agency under the
4
Department of Justice mandated to carry out
. A punishment for some violation of conduct which
institutional rehabilitation programs of the government
involves the infliction of pain on or harm to the body.
for national offenders, those sentenced to more
A. Penalty
than three years and to ensure their safe custody. It is
B. Punishment
composed of seven operating institutions located all
C. Banishment
over the country to accept national prisoners. The
D. Corporal punishment
central office is located in the New Bilibid Prison,
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Muntinlupa City, Metro Manila, where the director, the
. French penal colony from 1852 to 1959 where political
assistant director and the general administration staff
prisoners are exiled.
are holding official functions.
A. Devil's island
B. Tasmanian island
Bureau of Correction Mandate - The rehabilitation of
C. Robben Island
national prisoners.
D. Cape of good hope
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Bureau of Correction Slogan - bringing back the
. A prison reformer who published an influential book
dignity of man.
that proposed prison reform.
A. Elizabeth Fry
Bureau of Correction Principles
B. John Howard
- accomplishing its mandated objectives and performing
C. John Goodman
its assigned functions.
D. Victoria Azarenka
1. To confine prisoners by giving them adequate living
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spaces as the first conditions to be met before any
. An English reformer sometimes referred to as the
effective rehabilitation programs can be undertaken.
"angel of prisons" because of her driving force behind
2. To prevent prisoners from committing crime while in
new legislation to treat prisoners humanely.
custody.
A. Elizabeth Fry
3. To provide humane treatment by affording them
B. John Howard
human basic needs in the prison environment and
C. John Goodman
prohibiting cruel methods and provide a variety of
D. Alex Morgan
rehabilitation program.
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. A prison complex located at the coast of Capetown
Bureau of Corrections Operating Institutions
South Africa which serve as a refugee camp for people
1. New Bilibid Prisons - Muntinlupa City
afflicted with leper before converted into a prison.
2. Correctional Institution for Women - Mandaluyong
A. Port Arthur
City
B. Robben island
3. Iwahig Prison and Penal Farm - Puerto Princesa City
C. Pennsylvania prison
4. Davao Prison and Penal Farm - Davao del Norte
D. Elmira prison
5. Sablayan Prison and Penal farm - Occidental Mindoro
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6. San Ramon Prison and Penal Farm - Zamboanga City
. A penal method of the 19th century in which persons
7. Leyte Regional Prison - Leyte
worked during the day and were kept in solitary
confinement at night and silence enforced at all times.
Institutional Programs
A. Auburn System
1. Inmate work program
B. U.K system
2. Health care
C. Pennsylvania system
3. education and skills training
D. Irish system
4. Recreation and Sports
5. Religious guidance and behavior modification using
10. The first reformatory prison.
the therapeutic
A. Auburn prison
community approach.
B. Pennsylvania prison
C. New York correctional facility
Penal Management Review Questions 1 D. Elmira correctional facility

1. The authoritative imposition of something negative or Remember the following: Penal Management
unpleasant on a person in response to behavior deemed
wrong by law. 1. Punishment - The authoritative imposition of
A. Punishment something negative or unpleasant on a person in
B. Banishment response to behavior deemed wrong by law.
C. Retribution
D. Penalty 2. Penology - The branch of criminology concerned
2. The branch of criminology concerned with prison with prison management and prison rehabilitation.
3. Retribution - Getting back at someone for
something they did to hurt you.
4. Corporal punishment - A punishment for some
Probation Law of the Philippines PD 968
violation of conduct which involves the infliction of pain
on or harm to the body.
5. Devil's island - French penal colony from 1852 to
1959 where political prisoners are exiled.
6. John Howard - A prison reformer who published an
influential book that proposed prison reform.
7. Elizabeth Fry - An English reformer sometimes
referred to as the "angel of prisons" because of her
driving force behind new legislation to treat prisoners
humanely.
8. Robben island - A prison complex located at the
coast of Capetown south Africa which serve as a refugee
camp for people afflicted with leper before converted
into a prison.
9. Auburn System - A penal method of the 19th
century in which persons worked during the day and
were kept in solitary confinement at night and silence
enforced at all times.
10.Elmira correctional facility - The first reformatory
prison.
11.Notable elements of Auburn system
a. stripped uniform
b. lockstep
c. silence
12.Auburn correctional facility - the site of the first
execution by electric chair in 1890.
13.Pennsylvania system - penal method based on the
principle that solitary confinement fosters penitence and
encourages reformation. Superseded by the Auburn
system.
14.Separate system - is a form of prison management
based on the principle of keeping prisoners in solitary
confinement.
15.Magna Carta - Englands historic document which
states that no man could be imprisoned without trial.
16.Port Arthur - located in Tasmania, Australia, is a
penal colony which is the destination for the hardest
English prisoner during the middle of the 19th century.
17.Banishment - to force offenders to leave a country,
home, or place by official decree.
18.Piracy act of 1717 - was an act of the parliament
of Great Britain that established a 7 years penal
transportation to North America as a possible
punishment for those convicted of lesser felonies.
Answers: Penal Management
1. A perfected an appeal.
2. A
3. B
4. D 4.
5. A waiver of the right to appeal.
6. B
7. A 5.
8. B not be appealable.
9. A
10. D
What is Probation? ans.- is a disposition under which
a defendant after conviction and sentence is released
subject to conditions imposed by the court and to the
supervision of a probation officer.
Who can apply for Probation? ans. any first-time
convicted offender who is 18 years old or above.
Is probation a right? ans. no, it is a mere privilege for
adult offenders. Under RA 9344 (Juvenile Justice and
Welfare Act of 2006) a child in conflict with the law
(CICL) is granted the right to probation as an alternative
to imprisonment if qualified under the Probation law.
Where shall an application for Probation be filed?
ans. the application shall be filed with the court that
tried and sentenced the offender.
What will happen if the application for Probation is
denied? ans. the offender will be sent by the
sentencing court to prison to serve his sentence.
When should an application for Probation be filed?
ans. any time before the offender starts serving his
sentence but within 15 days from the promulgation of
notice of judgment of conviction. Under section 42 of RA
9344, The Juvenile Justice and Welfare Act of 2006, the
court may after it shall have sentenced a child in
conflict with the law and upon application at any time
placed the child on probation in lieu of service of his
sentence.
May an offender be released from confinement
while his application for Probation is pending? ans.
yes, the applicant may be released under the bail he
filed in the criminal case or under recognizance.
How many times can one be granted Probation?
ans. only once.
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence and place the
defendant on probation, upon application by
the defendant within the period for perfecting
an appeal.
2. Probation may be granted whether the
sentenced imposed a a term of imprisonment
or fine only.
3. No application for probation shall be
entertained or granted if the defendant has
Filing of application for probation operate as a
The order granting or denying probation shall

6. Accessory penalties are deemed suspended
once probation is granted.
7. The convict is not immediately put on
probation. There shall be a prior investigation
by the probation officer and a determination by
the court.
Will Probation be automatically granted to one
whose sentence is 6 years or less? ans. no, the
applicant may be denied by the court if:
1. The offender would be better rehabilitated if he/
she is sent to prison to serve his/her sentence.
2. There is undue risk that the offender will likely
commit another crime.
3. Probation will depreciate the seriousness of the
offense committed.
Under section 70 of RA 9165, the
Comprehensive Dangerous Drugs Act of 2002,
the court may in its discretion, placed the
accused under probation even if the sentence
provided under section 11 of the act is higher
than that provided under the probation law.
What will happen if a probationer violates the
conditions of probation? ans.
1. The court may modify the conditions of probation
or revoke the same.
2. If the violation is serious, the court may order the
probationer to serve his prison sentence.
3. The probationer may also be arrested and criminally
prosecuted if the violation is a criminal offense.
The court order shall not be subject to appeal.
Probation is not coterminous with its period.
There must be an order issued
by the court discharging the probationer.
Upon
finding that he has fulfilled the terms and
conditions of his probation, the court may order
the final discharge of the probationer.
This shall have the following effects:
a. case is deemed terminated.
b. all civil rights suspended or lost are
restored.
c. offender's liability for any fine imposed is
discharged.
Who are disqualified from the benefits of
probation: ans.
1. Those sentenced to serve a prison term of more 6
years.
2. Those convicted of any crime against the national
or the public order.
3. Those previously convicted of an offense which is
punished by imprisonment of not less than one
month and one day imprisonment and/or a fine of
not less than P200.
4. Those who have been placed on probation once.
5. Those serving sentence.
6. Those whose conviction is on appeal.
7. Those convicted of an offense against the omnibus
election code, insurgency law, wage rationalization
act.
There are two kinds of conditions imposed upon
the offender under probation:
1. Mandatory or general once violated, the
probation is cancelled.
1) To report to the probation officer within 72
hours after he receives the order of the court
granting probation.
2) To report to his probation officer at least once a
month.
3) not to commit any other offense while on
probation.
2. Discretionary or special additional conditions
which the court may additionally impose for the
probationers correction and rehabilitation
outside prison. The enumeration is not exclusive, as
long as the probationers Constitutional rights are not
jeopardized.
How long is the period of probation? ans.
1. not more than 2 years if the sentence of the
offender is 1 year or less.
2. not more than 6 years if the sentence is more than
one year.
3. When the penalty is a fine only and the offender
is made to serve subsidiary imprisonment, probation
shall be twice the total number of days of subsidiary
imprisonment
What is Parole? ans. it is the release of a prisoner
from prison after serving the minimum period of his
indeterminate sentence.
Who cannot be granted parole? ans. generally, those
sentenced to a term of imprisonment of one year or less
or to a straight penalty or to a prison sentence without
a minimum term of imprisonment.
Who may grant parole to a prisoner? ans. the board
of pardon and parole, an agency under the Department
of Justice.
When may a prisoner be granted parole? ans.
whenever the board of pardon and parole finds that
there is a reasonable probability that if released, the
prisoner will be law abiding and that his release will not
be incompatible with the interest and welfare of society
and when a prisoner has already served the minimum
penalty of his/her indeterminate sentence of
imprisonment.
What happens if a parolee violates the conditions
of his parole? ans. he shall be rearrested and
recommitted or returned to prison to serve the
unexpired portion of the maximum period of his
sentence.
What is executive clemency? ans. it refers to the
commutation of sentence, conditional pardon and
absolute pardon may be granted by the president upon
recommendation of the board.
What is commutation of sentence? ans. it is the
reduction of the period of a prison sentence.
What is conditional pardon? ans. it is the conditional
exception of a guilty offender for the punishment
imposed by a court.
What is absolute pardon? ans. it is the total
extinction of the criminal liability of the individual to
whom it is granted without any condition whatsoever
resulting to the full restoration of his civil rights.
Who may file a petition for conditional pardon?
ans. a prisoner who has served at least one half of the
maximum of the original indeterminate and/or definite
prison term.
Who may grant commutation of sentence and
pardon? ans. the president.
Who may file a petition for commutation of
sentence?
ans. the board may review the petition of a prisoner
for commutation of sentence if he/she meets the
following minimum requirement:
at least 1/2 (one half) of the minimum of his
indeterminate and/or definite prison term or
the aggregate minimum of his determinate
and/or prison terms.
at least 10 years for prisoners sentenced to one
reclusion perpetua or one life imprisonment, for
crimes/offenses not punishable under RA 7659
and other special law.
at least 12 years for prisoners whose sentences
were adjusted to 40 years in accordance with
the provisions of article 70 of the RPC as
amended.
at least 15 years for prisoners convicted of
heinous crimes as defined in RA 7659
committed on or after January 1, 1994 and
sentenced to one reclusion perpetua or one life
imprisonment.
at least 17 years for prisoners sentenced to 2
or more reclusion perpetua of life imprisonment
even if their sentences were adjusted to 40
years in accordance with the provision of
article 70 of the RPC as amended.
at least 20 years for those sentenced to death
which was automatically commuted or reduced
to reclusion perpetua.
Who may file a petition for absolute pardon? ans.
one may file a petition for absolute pardon if he had
served his maximum sentence or granted final release
and discharge or court termination of probation.
Is a prisoner who is released on parole or
conditional pardon with parole conditions placed
under supervision? ans. yes, the prisoner is placed
under the supervision of a probation and parole officer.
PD 968 - Probation law of 1976 - this is the title of the
decree/law. It took effect July 24, 1976.
Purpose of the law
1. promote the correction and rehabilitation of an
offender by providing him with individualized
treatment.
2. provide an opportunity for the reformation of a
penitent offender which might be less probable
if he were to serve a prison sentence.
3. prevent the commission of offenses.
4. Probationer - a person placed on probation.
Probation officer - one who investigates for the court
a referral for probation or supervises a probationer or
both.
The Probation administration shall be headed
by the Probation administrator who shall be
appointed by the president of the Philippines.
There shall be an assistant probation
administrator who shall assist the administrator
perform such duties as may be assigned to him
by the latter and as may be provided by law.
Qualifications of the Administrator and Assistant
Probation Administrator.
1. at least 35 years of age
2. holder of a masters degree or its equivalent in
either criminology, social work, corrections,
penology, psychology, sociology, public
administration, law, police science, police
administration or related field.
3. at least 5 years of supervisory experience or be
a member of the Philippine bar with at least 7
years of supervisory experience.
Regional Probation officer and Assistant Regional
Probation Officer - appointed by the president upon
the recommendation of the Secretary of Justice.
Provincial and City Probation officer - appointed by
the Secretary of justice upon the recommendation of the
administrator and in accordance with civil service law
and rules.
Qualifications of Regional, Assistant Regional,
Provincial and City Probation officers.
1. Bachelors degree with a major in social work,
sociology, psychology, criminology, penology,
corrections, police science, administration or
related fields.
2. at least 3 years in work requiring any of the
above-mentioned disciplines or is a member of
the Philippine bar with at least 3 years of
supervisory experience.
 when practicable, the provincial or city
probation officer shall be appointed from
among qualified residents of the province or
city where he will be assigned to work.