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Institutional Corrections
Chapter 11
At the end of this chapter the student should be able to:
• Understand the study of institutional agencies in the
Philippines
• Know the BJMP structure, policies and standards
• Know the JJWC structure, policies and standards
•
CORRECTIONAL SYSTEM IN THE PHILIPPINES
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The Correctional System in the Philippines is composed of six agencies
under three distinct and separate departments of the national government:
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT - under this are the Bureau
of Jail Management and Penology (BJMP) which runs the city, municipal,
and district jails; and the provincial jails through their respective
provincial governments.
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT - under this is Juvenile
and Justice Welfare Council which oversees the rehabilitation of young
offenders.
DEPARTMENT OF JUSTICE - under this are the Bureau of Corrections, Parole
and Probation Administration and the Board of Pardons and Parole.
What is DILG and its function?
The Department of the Interior and Local Government (DILG) is the
executive department responsible for promoting peace and order, ensuring
public safety, and strengthening the capability of local government units
to effectively deliver basic services to the citizenry.
The following agencies are attached to the DILG:
Bureau of Fire Protection
Bureau of Jail Management and Penology (BJMP)
Local Government Academy
National Police Commission
Philippine National Police (PNP)
Philippine Public Safety College
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
The Bureau of Jail Management and Penology is an attached
agency of the Department of the Interior and Local Government
mandated to direct, supervise and control the administration and
operation of all district, city and municipal jails in the
Philippines with pronged tasks of safekeeping and development of
persons deprived of liberty.
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OVERVIEW
As one of the five pillars of the Criminal
Justice System, the BJMP was created to address
growing concern of jail management and
penology problem. Primarily, its clients are
detainees accused before a court who are
temporarily confined in such jails while
undergoing investigation, waiting final
judgement and those who are serving sentence
promulgated by the court 3 years and below. As
provided for under R.A. No. 6975, the Jail
Bureau is mandated to take operational and
administrative control over all city, district and
municipal jails.
The Bureau has four major areas of rehabilitation program, namely:
Livelihood Projects, Educational and Vocational Training, Recreation and
Sports, and Religious/ Spiritual Activities. These were continuously
implemented to eliminate the offenders' pattern of criminal behavior and
to reform them to become law-abiding and productive citizens.
Although the workplace of the Jail Bureau is confined inside the
portals of jail to safeguard inmates, nonetheless, the Bureau has an
inherent function of informing the public of jail operations and other
matters concerning the corrections pillar of the Philippines.
Coincidentally, being a new and growing Bureau, BJMP aims to keep the
public abreast of information regarding jail management and penology.
HISTORY
On January 2, 1991, the Bureau of Jail Management and Penology was
created thru Republic Act 6975 as a line Bureau under the Department of
Interior and Local Government. The Jail Bureau is the upgraded version
of its forerunner, the Office of Jail Management and Penology of the
defunct PC/INP last headed by BRIG GEN Arsenio E. Concepcion.
As mandated by law, the BJMP shall operate under the reorganized
Department of the Interior and Local Government.
Starting from scratch with 500 personnel in 1991 the BJMP weaned
from its mother PC/INP as a mere component, to become a full-fledge
bureau. Director Charles S. Mondejar took his oath of office on July 1
of 1991 as the first Chief of the Bureau.
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The Bureau of Jail Management and Penology supervises and controls
all district, city and municipal jails.
FUNCTION
In line with its mission, the Jail
Bureau endeavors to perform the following
functions:
>Formulate policies and guidelines in the
administration of all district, city, and
municipal jails nationwide;
>Implement strong security measures for
the control of inmates;
>Provide for the basic needs of inmates;
>Conduct activities for the development of
inmates;
>Improve jail facilities; and,
>Promote the general welfare and development of personnel.
ORGANIZATION AND KEY POSITIONS
The Bureau of Jail Management and Penology, also referred to as
the Jail Bureau, was created pursuant to Section 60 to 65, Chapter V,
RA No. 6975, and initially consisting of uniformed officers and members
of the Jail Management and Penology service as constituted under
Presidential Decree No. 765. RA 9263 provides that the Bureau shall be
headed by a Chief who is assisted by two (2) Deputy Chiefs, one (1) for
Administration and another for Operations, and one (1) Chief of
Directorial Staff, all of whom are appointed by the President upon the
recommendation of the DILG Secretary from among the qualified officers
with the rank of at least Senior Superintendent in the BJMP. The Chief
of the BJMP carries the rank of Director and serves a tour of duty that
must not exceed four (4) years, unless extended by the President in times
of war and other national emergencies. Officers who have retired or are
within six (6) months from their compulsory retirement age are not
qualified to be appointed as Jail Director or designated as BJMP Chief.
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The second officer in command of the BJMP is the Deputy Chief for
Administration, the third officer in command is the Deputy Chief for
Operations, and the fourth officer in command is The Chief of the
Directorial Staff, all of whom carry the rank of Chief Superintendent.
They are assisted by the Directors of the Directorates in the National
Headquarters who carry the rank of at least Senior Superintendent.
The BJMP operates and maintains Regional Offices in each of the
administrative regions of the country, headed by a Regional Director for
Jail Management and Penology, with the rank of at least Senior
Superintendent. The Regional Director is assisted by an Assistant
Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.
The National Headquarters is the Command and Staff Office of the
BJMP, and is composed of the Command Group, Directorates and Management
Support Staff, namely:
COMMAND GROUP:
1) Chief, BJMP
2) Deputy Chief for Administration
3) Deputy Chief for Operation
4) Chief of Directorial Staff
DIIRECTORATES
1) Directorate for Personnel and Records Management
2) Directorate for Human Resource Development
3) Directorate for Operations
4) Directorate for Inmates Welfare and Development
5) Directorate for Logistics
6) Directorate for Comptrollership
7) Directorate for Program Development
8) Directorate for Intelligence
9) Directorate for Investigation and Prosecution
10) Directorate for Information Communication and Technology
Management
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11) Directorate for Health Service
SUPPORT SERVICES
1) Office of Program Management
2) Office of Legal Services
3) Office of General Services
4) Office of Accounting Services
5) Office of Finance Services
6) Office of Supply Accountable Office
7) Office of Internal Audit
8) Office of Chaplaincy Services
9) Office of Community Relations Services
10) NESJO
REGIONAL OFFICE
The BJMP operates and maintains Regional Offices in each of the
administrative regions of the country, headed by a Regional Director for
Jail Management and Penology, with the rank of at least Senior
Superintendent. The Regional Director is assisted by an Assistant
Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff, who are all officers
with the rank of at least Superintendent.
JAIL PROVINCIAL ADMINISTRATOR'S OFFICE
In every province, the BJMP operates and maintains a Provincial Jail
Administrator’s Office headed by a Provincial Administrator, to oversee
the implementation of jail services of all district, city and municipal
jails within its territorial jurisdiction.
DISTRICT JAIL
Within large cities or a group of clustered municipalities, a District
Jail headed by a District Warden may be established.
CITY AND MUNICIPAL JAILS
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The BJMP operates and maintains City and Municipal Jails, each headed
by a City or Municipal Warden, as the case may be.
MANDATE AND MAJOR PROGRAMS
MANDATE
BJMP is mandated to direct, supervise and control the
administration and operation of all district, city and municipal jails
nationwide with pronged tasks of safekeeping and development of inmates.
MAJOR PROGRAM
There are four (4) major programs under the mandate of bjmp and
they are the following:
1. Inmates custody, security and control program
2. Inmates welfare and development program
3. Decongestion program
4. Good governance
To enhance public safety by ensuring humane safekeeping and
development of Persons Deprived of Liberty (PDL) in all district, city, and
municipal jails for their reintegration to society.
A premier institution highly regarded by society for the secure and
humane treatment of Persons Deprived of Liberty (PDL) by its competent
and motivated corps.
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What is DSWD?
The Department of Social Welfare and Development (DSWD) is mandated
by law to develop, administer and implement comprehensive social welfare
programs designed to uplift the living conditions and empower the
disadvantaged children, youth, women, older persons, person with
disabilities, families in crisis or at-risk and communities needing
assistance.
Legal Bases
1. Republic Act No. 4373 as amended by RA 5175 - Regulating the
Practice of Social Work in the Philippines.
2. Republic Act No. 7160 or the Local Government Code of 1991, Chapter
2, Section 17.
3. Executive Order 15 s. 1998 “Redirecting the Functions and
Operations of the DSWD” as amended by Executive Order 221 (2003)
defined the mandate, roles, powers and functions of the DSWD.
4. Administrative Order 11 series 2007 “Revised Standards on
Residential Care Services.
5. RA 9344 “Juvenile Justice and Welfare Act of 2006”
6. RA 9262 “Anti-Violence Against Women and Their Children Act of
2004”.
7. RA 9257 “Expanded Senior Citizens Act of 2003”
8. RA 8505 “Rape Victim Assistance and Protection Act of 1998”.
9. RA 7610 “Special Protection of Children Against Abuse Exploitation
and Discrimination Act”
The Juvenile Justice and Welfare Council
Revised Rules and Regulations Implementing
Republic Act No.
9344, as amended by R.A. 10630
The Juvenile Justice and Welfare Council,
pursuant to Section 69 of Republic Act No.
9344, the Juvenile Justice and Welfare Act
of 2006 and Section 14 of Republic Act
10630 or “An Act Strengthening the Juvenile
Justice System in the Philippines, Amending
for the Purpose Republic Act No. 9344,”
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Definition of Terms
1. “Act” refers to Republic Act No. 9344,
as amended by Republic Act No. 10630
2. “Bahay Pag-asa” – refers to a 24-hour
child-caring institution established,
funded and managed by local government
units (LGUs) and licensed and/or
accredited non-government
organizations (NGOs), providing short-
term residential care for children in
conflict with the law, who are above
fifteen (15) but below eighteen (18)
years of age, and who are awaiting court
disposition of their cases or transfer to other agencies or
jurisdiction.
3. “Bail” refers to the security given for the release of the person
in custody of the law, furnished by a bondsman or a bonding company,
to guarantee the appearance of the person before any Court.
4. “Best interest of the child” refers to the totality of
circumstances and conditions that are most beneficial for the
survival, protection and feelings of security of the child, and
most likely to promote the child’s physical, psychological and
emotional development. It also means the least detrimental
available alternative for safeguarding the growth and development
of the child.
5. “Child” refers to a person under the age of eighteen (18) years.
6. “Child who is above twelve (12) years of age” refers to a child
who is at least twelve (12) years and one (1) day old.
7. “Child who is above fifteen (15) years of age” refers to a child
who is at least fifteen (15) years and one (1) day old.
8. “Children-at-risk” or “CAR” refers to children who are vulnerable
or at-risk of behaving in a way that can harm themselves or others,
or vulnerable and at risk of being pushed and exploited to come
into conflict with the law because of personal, family and social
circumstances, such as, but not limited to, the following:
a. being abused by any person through sexual, physical,
psychological, mental, economic or any other means, and the
parents or guardians refuse, are unwilling, or unable to
provide protection for the child;
b. being exploited sexually or economically;
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c. being abandoned or neglected, and after diligent search and
inquiry, the parents or guardians cannot be found;
d. coming from a dysfunctional or broken family or being without
a parent or guardian;
e. being out of school;
f. being a street child;
g. being a member of a gang;
h. living in a community with a high level of criminality or
drug abuse; and
i. living in situations of armed conflict.
Children-at-Risk also includes those children who violate the
ordinances enacted by local governments, concerning juvenile status
offenses enumerated in Section 57-A of the Act, such as, but not
limited to, curfew violations, truancy, parental disobedience,
anti-smoking and anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment,
drunkenness, public intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination, and
trespassing. The enactment of ordinances providing for juvenile
status offenses by local government units (LGUs) shall primarily
promote greater protection for children, by identifying children-
at-risk, and not for purposes of employing enforcement or punitive
action.
Children-at-Risk also includes those who commit any of the
following:
1) Status offenses under Section 57 of the Act;
2) Prostitution under Section 202 of the Revised Penal Code, as
amended;
3) Mendicancy under Presidential Decree No. 1563; and
4) Sniffing of rugby under Presidential Decree No. 1619.
The JJWC shall, from time to time, issue resolutions identifying
other offenses for which a child shall be considered as a child-
at-risk and not a child in conflict with the law.
9. “Child in conflict with the law” or “CICL” refers to a child who
is alleged as, accused of, or adjudged as, having committed an
offense under Philippine laws.
10. “Community-based programs” refers to the programs provided in
community setting, developed for purposes of intervention,
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diversion, and rehabilitation of the child in conflict with the
law, which are intended for the purpose of reintegrating the child
into the family and/or community.
11. “Court” refers to a Family Court, or in places where there
are no Family Courts, any Regional Trial Court.
12. “Deprivation of liberty” refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child
in conflict with the law is not permitted to leave at will, by
order of any judicial or administrative authority.
13. “Diversion” refers to an alternative, child-appropriate
process of determining the responsibility and treatment of a child
in conflict with the law, on the basis of the child’s social,
cultural, economic, psychological or educational background,
without resorting to formal court proceedings.
14. “Diversion Program” refers to the program that the child in
conflict with the law is required to undergo after being found
responsible for an offense, without resorting to formal court
proceedings.
15. “Duty-bearer” shall refer to persons who are responsible for
providing care, addressing the needs and protecting the rights of
a child within the juvenile justice and welfare system.
16. “Initial contact with the child” refers to the apprehension
or taking into custody of a child in conflict with the law by law
enforcement officers or private citizens. It includes the time when
the child alleged to be in conflict with the law receives a subpoena
under Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the same
Rule, in cases that do not require preliminary investigation or
where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.
17. “Intensive Juvenile Intervention and Support Center” or
“IJISC” refers to a special program or unit within the “Bahay Pag-
asa” or any child-caring facility of the DSWD or licensed and
accredited NGOs, to address the needs of the CICL for intensive
intervention programs and services.
18. “Intervention” generally refers to programmatic approaches or
systematic social protection programs for children that are
designed and intended to:
a. Promote the physical and social well-being of the children;
b. Avert or prevent juvenile delinquency from occurring; and
c. Stop or prevent children from re-offending.
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19. “Juvenile Justice and Welfare System” refers to a system of
dealing with children-at-risk and children in conflict with the
law, which provides child39 appropriate proceedings, including
programs and services for prevention, diversion, rehabilitation,
reintegration and after-care to ensure the child’s normal growth
and development.
20. “Offense” refers to any act or omission punishable under
special penal laws or the Revised Penal Code. For purposes of
providing appropriate services for children, the term ‘offense’
shall include violations of ordinances of local government units.
21. “Probation” refers to a disposition under which a defendant,
after conviction and sentence, is released, subject to the
conditions imposed by the Court and the person is placed under the
supervision of a probation officer.
22. “Recognizance” refers to an undertaking, in lieu of a bail
bond, assumed by a parent or custodian, who shall be responsible
for ensuring the appearance in Court of the child in conflict with
the law, whenever required.
23. “Referral” shall refer to a process where a duty-bearer,
within the juvenile justice and welfare system, endorses the CICL
to the appropriate service providers for appropriate care or
intervention. ‘Referral’ includes the endorsement of the victim
for appropriate assistance and intervention.
24. “Victimless Crimes” refers to offenses where there is no
private offended party.
The CICL shall enjoy the rights laid down in the Act and these Rules,
and shall enjoy the protection of the other laws, whenever applicable
from the first time that the child comes in contact with the Juvenile
Justice and Welfare System.
Taking Custody of a Child Without a Warrant.
The law enforcement officer or a private person taking into custody a
child in conflict with the law without a warrant shall observe the
provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of
Criminal Procedure, and shall forthwith deliver the child to the nearest
police station. The child shall be proceeded against, in accordance with
Section 7 of Rule 112 of the Rules of Criminal Procedure.
Procedure for taking a Child into Custody.
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From the moment the child is taken into custody, the law enforcement
officer shall faithfully observe the following procedures, as provided
in Section 21 of the Act:
(1) Properly identify oneself and present proper identification to
the child.
(2) Immediately notify the child’s
parents or guardians, the Local Social
Welfare and Development Officer (LSWDO),
and the Public Attorney’s Office (PAO) of
the child’s apprehension. The
notification shall be made not later than
eight (8) hours after apprehension.
(3) Explain to the child, in simple
language and in a language or dialect,
which the child can understand:
a. The reason for placing the child
under custody;
b. The offense allegedly committed;
and
c. The child’s constitutional rights
and the child’s rights under Republic Act
7438 or An Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial
Investigation as well as the Duties of the Arresting, Detaining
and Investigating Officers, and Providing Penalties for Violations
Thereof [R.A. 7438]. If the child cannot understand the language or local
dialect or suffers from disability, an interpreter or a mental health
professional shall be provided.
(4) Determine the age of the child, in accordance with the
guidelines provided in Rule 37.b herein.
(5) Take the child immediately to the proper medical or health
officer for a thorough physical and mental examination. Whenever medical
treatment is required, steps shall be immediately undertaken to provide
the same.
(6) Immediately but not later than eight (8) hours after
apprehension, turn over the custody of the child to the Local Social
Welfare and Development Office or other accredited NGOs. However, in
cases where the child is fifteen (15) years old or below, the law
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enforcement officer shall immediately release the child to the custody
of the child’s parents or guardian, or in their absence, the child’s
nearest relative, upon assessment and recommendation of the Local Social
Welfare Development Officer, in accordance with Rule 36.a herein.
The above procedure must be followed, in strict observance of the
prohibitions provided in Section 21 of the Act and in RULE 32 herein,
while the child is in the custody of a law enforcement officers.
A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender, as prescribed in Section 21 of
the Act.
It is the duty of the enforcement officer to refer the child to the LSWDO
for the determination of discernment as provided under Rule 38.
Duty of Law Enforcement Officer When Interviewing the Child
The law enforcement officer may
interview a child for the purpose
of determining the child’s
personal circumstance including
among others, his or her name,
name of his or her parents, the
child’s date of birth, and home
address.
No law enforcement officer shall
compel any child to make any
statement or provide any
information that might incriminate the child. The law enforcement officer
shall have the duty to inform the child of his or her rights under the
Constitution and under RA 7438.
Any statement or information made by the child referring to the crime
shall require the presence of the following persons provided in Section
22 of the Act:
(1.) The child’s counsel of choice or in the absence thereof, a
lawyer from the Public Attorney’s Office;
(2) The child’s parents, guardian, or nearest relative, as the case
may be; and
(3) The LSWDO.
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The law enforcement officer from the Women and Child Protection Desk
shall conduct the interview of the child.
Where the Case Shall be Referred
After the initial investigation, the law enforcement officer shall
determine if the case of the child shall be referred to:
(1) The LSWDO for intervention in accordance with Sections 20, 20-
A and 20-B of the Act and PART IX of these Rules if the child is:
(a) Fifteen (15) years old or below; or
(b) Above 15 but below 18 years of age and acted without
discernment.
(2) Diversion, in accordance with Section 23 of the Act and PART X
of these Rules, to be administered by the:
(a) Law enforcement officer, if the child is above 15 but below 18
years of age, acted with discernment, and allegedly committed an offense
with an imposable penalty of not more than six (6) years of imprisonment;
or
(b) LSWDO, if the child is above 15 but below 18 years of age,
acted with discernment, and allegedly committed a victimless offense
with an imposable penalty of not more than six (6) years of imprisonment.
(3) The Prosecutor or Judge, if the child is above fifteen (15)
but below 18 years of age, acted with discernment, and allegedly
committed an offense with an imposable penalty of more than six (6) years
of imprisonment.
The report on the initial investigation, as required under RULE 27, shall
state where the case shall be referred to, and the basis for such
disposition, which shall include the following information:
(1) The nature of the offense allegedly committed by the child;
(2) The corresponding imposable penalty for the commission of the
offense; and
32 (3) Where the case of the child shall be referred in the event of an
assessment that the child acted with discernment, as provided in RULE
38.
Turn Over of Custody
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In all cases, the law enforcement officer shall turn over the physical
custody of the child to the LSWDO within eight (8) hours from
apprehension, as required under Section 21(i) of the Act. The physical
custody of the child shall be transferred to the LSWDO, even if the law
enforcement officer has not yet exhausted all measures to determine the
age of the child under Rule 35.b and even if the initial investigation
under RULE 27 has not yet been terminated.
After the physical custody of the child is turned over, the LSWDO shall
then explain to the child and the child’s parents or guardians, the
consequences of the child’s act with a view towards providing counseling
and rehabilitation; diversion from the criminal justice system; and
whenever appropriate, obtaining reparation for the victim or victims; as
required by Section 21(i) of the Act.
In the event that a child whose custody is turned over by the law
enforcement officer is fifteen (15) years old or below, the LSWDO shall
take all measures to release the child to the parents or guardians, or
to any of the persons or organizations provided in Rule 38.b herein, and
proceed with the development of appropriate diversion programs, as
provided under Part VII of these Rules, except in cases covered under
Section 20, Section 20-A and Section 20-B of the Act.
Detention
A child in conflict with the law shall
never be locked up in a detention cell,
such as the barangay lock-up, police
station lock-up, jails managed by BJMP,
provincial jails and other similar
facilities, but shall only be placed in a
“Bahay Pag-asa” or youth care facility.
References:
• BJMP: [Link]
• JJCW: [Link]
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