RULES IN HANDLING PERSON

DEPRIVED OF LIBERTY
OBJECTIVES;
 

To gain knowledge and understanding the

general principles and practice in the treatment of
person deprived of liberty and prison management.
The United Nations
Standard Minimum Rules for the Treatment
of Prisoners
(the Nelson Mandela Rules)
RULES OF GENERAL APPLICATION
Basic principles
Rule 1 All prisoners shall be treated with the respect due to
their inherent dignity and value as human beings. No
prisoners shall be subjected to, and all prisoners shall be
protected from, torture and other cruel, inhuman or
degrading treatment or punishment, for which no
circumstances whatsoever may be invoked as a justification.
The safety and security of prisoners, staff, service
providers and visitors shall be ensured at all times.
Rule 2

The present rules shall be applied impartially.

There shall be no discrimination on the grounds of
race, colour, sex, language, religion, political or
other opinion, national or social origin,
property, birth or any other status. The religious
beliefs and moral precepts of prisoners shall be
respected.
Protection of inmate from institutional abuse- An inmate
shall be treated with respect and fairness by prison
employees.
 
He shall be protected against the following: 
a. The imposition of any cruel, unusual or degrading act as a form
of disciplinary punishment.
b. Corporal punishment
c. The use of physical force by correctional officers, except in cases
where the latter act in self-defense, to protect another person from
imminent physical attack, or to prevent a riot or escape.
d. Depriving of clothing, bed and bedding, light, ventilation,
exercise, food or hygienic facilities;
e. Forced labor.
 

Under Sec. 36 , Chapter 36, Book 6 Book IV of

Executive Order No. 292 , also known as “The
Administrative Code of 1987”, the head of a
bureau or office is authorized to issue rules and
regulations to secure the harmonious and efficient
administration of his bureau or office to carry into
full effect the laws relating to matters within his
jurisdictions.
Pursuant to the provisions of existing laws, the
Bureau of Corrections Operating Manual was
adopted in 30 March 2000 by then DOJ Secretary
Artemio G. Tuquero

The BuCor Operating Manual, after 19 years is

still the guiding principle of BuCor operations.
In 2015, former Director Rainier Cruz approved the
“Revision of BuCor Operating Manual”, anticipating the
implementation of the BuCor Modernization Law. The
manual shall cover all processes of BuCor from
Operations to Support to Operations. To date, the
Security/Operations and Reformation Manual are being
developed, while the Support to Operations (Admin.
Process) was already completed.
Receiving (Part 2, Chapter 2, Sec 1-6 BuCor
Operating Manual)
Admission
A PDL shall be received at the Assessment
Rehabilitation Program Development and
Monitoring Division (ARPDMD) for New
Bilibid Prison and in the Reception and
Diagnostic Center (RDC) of other operating
prison and penal farms upon presentation of the
documentary requirements
Searching (Part 2, Chapter 2, Sec 7-8 BuCor Operating
Manual)

Search of PDL and Personal effect:

1. Upon admission, the PDL shall be searched thoroughly.
He shall be allowed to retain in his possession only such
articles as authorized by the prison administration;
2. A list of all articles taken from the PDL shall be entered in
the PDL record and receipted for by the guard in charge
thereof;
3. All articles taken from the PDL shall be returned to him
upon his discharge unless previously disposed of at the
PDL’s request or ordered condemned by the
Superintendent after a lapse of two (2) years.
Confiscation of Contraband

1. Narcotics and all other prohibited drugs or substances;

2. All types of weapons, substances or chemicals that may
cause injury to persons;
3. Other items or articles which a PDL is not allowed to
possess under prison rules shall be considered as
contraband and shall be confiscated accordingly.
Admission process

After registration, the PDL shall be:

a. Photographed, front and side view;
b. Fingerprinted;
c. Assigned a permanent prison number; and
d. The male PDL shall then be given a regulation haircut and
his beard/mustache, if any, shall be shaven off.
 
A PDL shall be placed in an area that is physically separated
from the general prison population
  

Issuance of Provisions (Part 2 Chapter 1, Sec 9 BuCor

Operating Manual)

The newly-admitted PDL shall be issued two (2) regulation

uniform t-shirts. Whenever practicable, he shall also be issued the
following items:
One (1) blanket;
One (1) mat;
One (1) pillow with pillow case;
One (1) mosquito net;
One (1) set, mess kit; and
One (1) pair, slippers
Section 6. Infant born to a CIW inmate-
an infant born while the mother is serving sentence in the
CIW may be allowed to stay with the mother for a period not
exceeding one (1) year. After the lapse of said period, if the
mother of the inmate fails to place the child in a home of her
own, the Superintendent shall make arrangement with the
Department of Social Welfare and Development or any other
social welfare agency for the infant’s care. As far as
practicable, the CIW shall have a nursery staffed by qualified
personnel.
 
PDL Accounting
(Book 2 Part 3 Sec 5-6 BuCor Operating Manual)

PDL Headcount
A headcount of PDL shall be conducted four (4)
times per shift or as often as necessary to ensure
 
that all PDL are duly accounted for.
  

Procedure of PDL count

The procedure for conducting a periodic physical head

count of PDL shall be as follows:
a. During the count, the PDL shall not be allowed to
move until the count is completed;
b. There must be a positive verification of the PDL’s
presence. Counting a PDL as present on the basis of
seeing only any part of his clothing, his hair, or shoes
shall not be made;
  

c. A written report on the result of each headcount shall

be submitted to the Chief, Overseer; and

d. If the PDL count does not tally with the list of PDL,
the matter shall be immediately reported to the Chief,
Overseer.
Security Classification
(Part 2 Chapter 3 Section 1-3 BuCor Operating Manual)
Classification Board
Every prison shall have a Classification Board that shall
classify PDL in accordance with this Chapter. The Board shall
be composed of the following:
 Chairman – Superintendent
Vice-chairman – Chief, ARPDMD/RDC
  Members – Medical Officer
Chief, Education
Section
Chief, Agro-Industries
Section
Secretary - Chief, Overseer
A PDL is classified as to security status and as to
entitlement to prison privileges.
 
Classification of PDL as to security risk –
A PDL shall be assigned to any of the following groups:
a. Maximum Security – this shall include highly
dangerous or high security risk PDL, and shall require
a high degree of control and supervision.
b. Medium Security – this shall include those who cannot be
trusted in less-secured areas and those whose conduct or
behaving require minimum supervision.

c. Minimum Security – this shall include those who can be

reasonably trusted to serve their sentence under less
restricted conditions.
Visitation (Part 3 Chapter 9 Section 1-9 BuCor Operating
Manual)
1. Visiting rights – The PDL shall have the right to be visited
by his family and reputable friends at regular intervals.
2. Visitor List – the Superintendent shall compile and
maintain a list of persons named by the PDL in the
interview who may visit the latter.
 
 The list may include the members of the PDL’s immediate
family such as his parents, step parents, foster parents,
brothers and sisters, wife or husband and children. Upon
the request of the PDL, the list may also include his
grandparents, aunts, uncles, in-laws and cousins. Other
visitors may, after investigation, be included in the list if
the PDL will benefit from such contact.

 
3. Visiting days and hours - PDL may be visited from
Sunday to Thursday from 9:00 am to 3:00 pm. Visitors
shall not be allowed to stay overnight in prison. There
shall be no visits on Friday and Saturday. 
4. Limitation on visiting rights - the Director may
limit the length or frequency of prison visits as well as the
number of visitors to avoid overcrowding. Exceptions may
be granted after taking into account special circumstances,
such as the distance of travel of the visitor and the
frequency of the visit received by the PDL.
 
5. Visiting room – whenever practicable, a prison shall have
a visiting room which shall be as comfortable and as
pleasant as possible and equipped to meet the needs of
visitors, including children. 
6.Privacy of visits – Prison guards shall supervise the
visiting area in an obtrusive manner. They shall not eavesdrop
on conversation or otherwise interfere with the privacy of the
PDL and his visitor. 
7.Conjugal visits – A male PDL may enjoy conjugal visits
from his spouse in prisons where there are facilities therefore
under such conditions as may be prescribed by the Director. 
8.Visit of Legal Counsel – PDL may be visited by
his legal counsel of record at reasonable hours of
the day or night. 

9.Violation of visiting rules – any circumvention

or violation of visiting rules by the PDL or his
visitor shall result in the suspension or
deprivation of visiting privileges and initiation of
disciplinary action against erring PDL.
Discipline (Part 4 Chapter 1 Section 1-4 BuCor Operating
Manual)

1. Disciplinary controls, purpose – efforts shall be made to

instill in the minds of all PDL the concept that self-discipline
is an essential characteristic of a well-adjusted person.
2. Guideline on disciplinary control – Disciplinary control on
PDL shall be firm to ensure safety and good order in prison.
Breaches of discipline shall be handled objectively, and
sanctions shall be executed with firmness and justice.
2. Due process accorded to PDL – Every breach of
discipline shall be reported to proper prison authorities. The
erring PDL shall be given due process before he is punished.
Ignorance of prison rules shall not be countenanced or
considered an excuse for its non-observance.
3. Prohibited acts – the following acts shall subject the
PDL to disciplinary action:
a) Participation in illegal sexual acts or placing himself in
situations or behavior that will encourage the commission
of illegal sexual acts;
b) Openly or publicly displaying photographs, pictures,
drawing, or other pictorial representations of persons
engaged in sexual acts, actual or simulated, masturbation,
excretory functions or lewd or obscene exhibitions of
genitals;
c) Possessing articles which pose a threat to prison security or
to the safety and well-being of other PDL and staff;
d) Giving gifts, selling or engaging in barter with prison
personnel;
e) Maligning or insulting any religious belief or group;
f. Rendering personal services to or requiring personal services
from fellow PDL;
g. Gambling;
h. Exchanging his uniform with another PDL or wearing a
uniform other than those officially issued to him;
i. Using profane, vulgar or obscene language or making loud or
unusual noise of any kind;
j. Loitering in the prison compound or reservation;
k. Giving a gift or providing materials or other assistance to
fellow PDL or to the prison administration in general;
l. Engaging in any private work for the benefit of a prison
officer or employee;
m. Controlling the activities of other PDL except in
organizations or groups recognized by prison authorities;
n. Tattooing himself or allowing himself to be tattooed on any
part of his body. The removal or alteration of tattoos may
only be performed by a prison medical officer upon prior
approval by the Superintendent.
o. Disobeying legal orders of prison authorities promptly and
courteously;
p. Threatening, orally or in writing, the life of any employees or
prison official;
q. Possessing any communication device like cellular phone,
telephone, pager or radio transceiver;
r. Constructing, renovating or repairing, with personal funds, a
prison building or structure;
s. Making frivolous or groundless complaints; and
t. In general, displaying any behavior which might lead to
disorder or violence, or such other actions that may endanger
the facility, the outside community or others.
Section 9. Limitation on punishment to be imposed on female
inmate-

A female inmate shall not be subjected to disciplinary measures

which might adversely affect he unborn or nursing child.

Section 10. Disciplinary punishment to form part of record of

an inmate-

The penalty imposed by the Board of Discipline shall form part of

the carpeta and prison record of an inmate.
 
Book I, Part V Rehabilitation
and treatment of inmates,
Chapter 2, Inmate Services;
 
Section 2. Health Services- Health care and services shall
be given to inmates similar to those available in the free
community and subject to prison regulation. A prison shall
have at least one qualified medical doctor and a dentist.
 
Section 3. Medical consultation and visiting hours-
Medical consultation and visiting hours shall be
established by the Superintendent in consultation with the
medical staff.
 
Section 18. Educational programs for inmates-
A prison may offer any or all of the following educational
program;
a. Elementary education;
b. Secondary education program;
c. College education;
d. Vocational training.

Section 20. Recreational and cultural activities-

Recreational and cultural activities shall provide in all prisons
for the benefit of the mental and physical health of the inmate.
  

Section 5. Pregnant CIW inmates- in the CIW, there shall

be special accommodation for pregnant women. Whenever
practicable, however, arrangement shall be made for
children to be born in a hospital outside the prison.
Section 6. Infant born to a CIW inmate-
an infant born while the mother is serving sentence in the
CIW may be allowed to stay with the mother for a period not
exceeding one (1) year. After the lapse of said period, if the
mother of the inmate fails to place the child in a home of her
own, the Superintendent shall make arrangement with the
Department of Social Welfare and Development or any other
social welfare agency for the infant’s care. As far as
practicable, the CIW shall have a nursery staffed by qualified
personnel.
 
 Movement
(Part 2 Chapter 5 Section 1-6, Chapter 6
Section 1-9, Book 2 Part V Section 1-14
BuCor Operating Manual)
Transfer of PDL
1. Transfer of PDL to another prison – a PDL may be
transferred by the Director upon the recommendation of the
Superintendent concerned to another prison facility to bring
said PDL closer to his family or as part of his rehabilitation
program
2. Transfer of insane PDL – PDL who has been confirmed to
be mentally abnormal or insane may be transferred to a
mental hospital with the approval of the Director.
Transfer of PDL to a stockade of the Armed Forces
of the Philippines – the confinement of the PDL may be
transferred to an AFP stockade provided, that the PDL is certified
as minimum security risk and does not belong to any of the
following categories:
a) PDL serving a life term or sentenced to death;
b) PDL with previous record of escape;
c) Recidivist;
d) PDL serving sentence for a crime involving moral
turpitude;
e) Female PDL;
f) PDL who had previously been transferred to an AFP
stockade and was returned to prison for cause;
g) PDL who is more than fifty (50) years old or who
can no longer perform manual work;
h) PDL who is a permanent resident of a place within a
radius of one hundred (100) kilometers from the
stockade where he is being transferred; or
i) PDL with a pending case or who is a witness in any
pending criminal case.
Transfer of PDL not eligible to be a colonist to a prison
and penal farm – upon recommendation of the
Classification Board, the Director may also transfer to a
prison and penal farm a PDL who, although not eligible
for classification as a colonist, is:
1. Physically and psychologically fit to absorb the
rehabilitative program in the colony, or
2. That such PDL transfer is therapeutically indicated.
Transfer to a provincial jail and vice versa – The
President of the Philippines may direct, as the occasion may
require, the transfer of PDL from a national prison to a
provincial jail, or vice versa. The expense for such transfers
shall be borne by the Bureau except the cost of escort
service which shall be provided by the Philippine National
Police.

Mental and physical examination of PDL to be

transferred – the PDL shall be given a mental and
physical examination prior to his transfer.
Outside Movement of PDL
Movement of PDL outside confinement facility – the
Superintendent of a prison may authorize a PDL to be taken
out of prison in the following instances:
1. To appear in court or other government agency as
directed by competent authority;
2. For medical examination/treatment or hospitalization in
an outside clinic or hospital; or
3. To view the remains of a deceased relative.
Approval by the Secretary of outside movement
– the prior approval of the Secretary shall be required for
the outside movement of an NBP or CIW PDL as provided
in paragraphs b. and c. above.

Basis of Court appearance – the court appearance of

an PDL shall be based on a subpoena issued by the court as
endorsed by the Director.
Application to view the remains of deceased relative;
supporting documents – a minimum or medium security
PDL may, upon written application, be allowed by the
Superintendent to view the remains of the following relatives
upon written application and submission of the original or
certified true copies of the death certificate, the burial permit and
the documents specified hereunder;
a. Wife or husband (marriage certificate);
b. Child (birth certificate of child and marriage certificate of
the PDL);
c. Brother/sister (birth certificate of brother/sister and birth
certificate of the PDL);
d. Father/mother (birth certificate of the PDL);
e. Grandchild (birth certificate of grandchild and of the
latter’s parent who may be son or daughter of the
PDL); and
f. Grandparent (birth certificate of the PDL and of
his/her parent who is the son/daughter of the
deceased grandparent).
When to file application – the application to view the remains
of the deceased relative and all his supporting documents shall
be filed with the Superintendent at least two (2) days before the
enjoyment of the privilege sought

Duration of privilege – the PDL may be allowed, more or less,

three (3) hours to view the deceased relative in the place where
the remains lie in state but shall not be allowed to pass any
other place in transit, or to join the funeral cortege.
Distance of travel – the privilege may be enjoyed only if
the deceased relative is in a place within the radius of thirty
(30) kilometres by road from the prison. Where the
distance is more than thirty (30) kilometres, the privilege
may be extended if the PDL can leave and return to his
place of confinement during the daylight hours of the same
day.
Escort Procedures

Primary duties of escort guards – escort guards shall

exercise extreme caution at all times and shall see to it
that the PDL does not:
1.Escape;
2.Converse with unauthorized persons;
3.Obtain forbidden articles, especially intoxicants or
weapons;
4.Annoy passer-by; and
5.Suffer harm or humiliation.
Distance of guard from PDL – if escorting a group of PDL, a
guard shall keep a distance of not less than ten (10) paces from his
charge. Upon arrival at the destination, he shall station himself at a
vantage point where all PDL are within sight and can be properly
controlled.
When on board a ship or boat, the group of PDL shall be positioned in
the most secure part of the vessel and shall be required to sit down.
The guard shall station himself at strategic points where he can
effectively respond. A PDL shall not be allowed to stand up or move
about until the vessel is ready to dock, except when the guard needs to
have a clear view of the port and starboard passages.
Basic escort procedures – an escort guard shall strictly
observe the instructions written at the back of the PDL’s pass
and the purpose and destination of the escort mission. These
include, but not limited, to the following:

1.While in transit, the PDL shall not be allowed to stop at any

place or contact any person until the destination is reached;
2. The PDL shall at all times be placed under proper
restraint e.g. handcuffs. However, the same shall be
removed when the PDL enters the courtroom;
3. The PDL shall be returned to the prison facility
immediately after the purpose of the pass has been
served; and
4. The use of a privately-owned vehicle in transporting a
PDL is prohibited.
Escort procedures for court appearance – in
escort duties for court hearing, the Superintendent shall
provide at least two (2) guards for every PDL. However,
when two or more PDL are to be escorted, the number of
guards may be reduced proportionally without sacrificing
security requirements. If a PDL is notorious or has a
previous record of escape, additional escort guards shall
be assigned.
Appearance in Metro Manila Courts – in
conducting NBP or CIW PDL for appearance in Metro
Manila courts, the escort detail shall be headed by a
supervising guard or by a senior officer. If the court
concerned is in the suburbs of Metro Manila e.g., Cavite,
Bulacan, Rizal, Laguna and Batangas, the escorts shall
return their wards to the NBP or CIW immediately after
the hearing.
Turnover of PDL to local jail – a guard assigned to escort a
PDL for court hearings who cannot return to the prison of origin on
the same day shall request the court to issue an order turning over
the PDL to the nearest provincial/city jail or police detention cell.
The escort guard shall not stay in a private dwelling or hotel with
the PDL.
Acknowledgment of turnover of PDL – upon turning the
PDL over to an authorized officer at the destination, the escort-in-
charge shall secure an acknowledgment receipt for the custody of
the PDL. This shall clearly bear the name of the receiving officer,
his designation and the date and time the PDL was received.
Postponement/resetting of hearing – after the hearing or if the
scheduled hearing is postponed/reset to another date, the PDL
shall be returned to the prison of origin without delay. If feasible,
the escort-in-charge shall secure from the court an order
committing the PDL to the provincial/city jail or other detention
center.

Certificate of appearance – Immediately after the trial but

before leaving the court premises, the escort-in-charge shall
secure from the clerk of court a certificate or other proof of
appearance.
Procedure during outside movement of PDL – the following
security procedures shall be observed during the outside
movement of a PDL:
1.Before departure from prison.
a) The written mission order issued by the Superintendent, the
mittimus and other prison records of the PDL shall be given to
the escort guards. In case of a detainee, the records shall include
the written authorization of the appellate or sentencing court for
the outside movement of the detainee.
b) Whenever possible, the transfer shall be taken in effect during
the daylight hours.
c. The escort guards shall be given detailed instructions on
their duties and responsibilities, to include the instruction
that they use the most direct travel route to their authorized
destination.
d. The PDL shall be thoroughly searched for contraband or
deadly weapons or objects which may be used for escape or
self-destruction.
d. Money found in the possession of the PDL shall be confiscated
by the Desk Officer who shall issue a receipt thereof and who
shall return the money to the PDL upon his return. If the PDL is
to be confined and needs money for medicines and food, the
money therefore shall be turned over under receipt to the escort
guard. All disbursements made by the escort guard shall be
properly receipted for.
e. The PDL shall be placed in handcuffs or other instrument of
restraint. If there is more than one PDL to be transferred, they
shall be grouped in pairs and securely connected to one another
by a rope, ascertaining that the PDL does not have crippled
deformed or very small hands to allow him to slip the handcuffs
off.

f. Handcuffs shall be properly adjusted for tightness before

departure to avoid the need of adjusting the same while on
transit.
g. The PDL shall stay inside the prison premises until
the vehicle to be used in transporting him is ready
for boarding. The PDL shall board a motor vehicle
ahead of the guard.
In Transit
1.The handcuffs or instruments of restraint shall not be
removed while the PDL is in transit. A PDL shall not be
handcuffed to any part of the vehicle during transit to
avoid his being trapped in case of vehicular accident.
2.If it is necessary to board public transportation such as
ship or airplane, the guards shall position themselves
with their PDL in an area that is cleared of civilians, or if
not possible, shall sit/position themselves between the
civilians and the PDL.
3.All PDL being escorted shall be under the supervision of
a guard at all times, including going to the toilet or
washroom. The guard shall always be close enough to the
PDL to respond to any untoward incident.
4.If there is more than one PDL being escorted, there shall
be a headcount of the PDL every turn-over of guarding
shifts.
5.A PDL shall not be allowed to tinker with his handcuffs or
other instrument of restraint
6. A guard shall always walk behind and not in front of the
PDL being escorted.
7. If armed, the guard shall not sit, stand or walk beside
PDL, or in any case allow the PDL to reach his firearms.
8. The guard shall not pass any unauthorized place while
in transit.
Arrival at Destination
1. Upon arrival at the authorized destination, the guards and their
PDL shall stay in the public transportation until the same is cleared
of the other passengers. They shall only disembark after the PDL
and his personal belongings have been searched or inspected and
the transportation that will bring them finally to their final
destination is ready for boarding.
2. The handcuffs or instrument of restraint may be removed at the
authorized destination if there is no danger of escape.
3. The guard shall return the PDL to the prison of origin as soon as
the purpose of the outside movement has been served.
After-Mission Report – after completing the mission, the leader
of the guard detail shall submit a written report to the
Superintendent, together with copies of the transmittal letter and
certificate of appearance. In case a PDL being transferred to
another prison or jail institution or competent authority, the
responsibility for said PDL shall remain with the custodian until
formally received by another custodian.
Approval of release
– PDL shall only be released by the Superintendent with the
approval of the Director.

Verification of identity of PDL to be released – before

PDL is released, he shall be properly identified. His
fingerprints and other identification marks shall be verified
with those which were taken when he was admitted in prison
and change in his distinguishing marks since admission.
Other Escort Procedure – the following security procedures shall
also be observed in case of PDL subject of a medical referral or
who is allowed to view the remains of a deceased relative:
Medical Referrals
1. The PDL who is brought to an outside hospital for medical
treatment/examination shall be provided with at least two (2) escort
guards and returned to the prison of origin during the daylight hours
after treatment is completed. Upon said return, the Department shall
be furnished copies of the PDL’s medical certificate, diagnostics and
plan of management;
2. If the PDL is to be confined in a hospital, the PDL may be handcuffed
to the bed if he is ambulatory and there is a risk that he may escape;
Viewing the Remains
1.The PDL shall not be allowed more than three (3) hours
from the time of arrival at the wake to the time of departure
from the place where the remains lie in state; and
2.The remains to be viewed must be in a place within the
radius of thirty (30) kilometres from the place of
confinement. Where the distance is more than thirty (30)
kilometres, the privilege may be enjoyed if the PDL can
leave and return to his place of confinement during the
daylight hours of the same day.
Section 15. Disposition of cadaver of deceased inmate-
Unless claimed by his family, the body of an inmate who dies in
prison maybe turned over to an institution of learning or any
scientific research center designated by the Secretary, for the
purpose of study and investigation, provided that such institution
shall provide a decent burial of the remains. Otherwise, the Bureau
shall order the burial of the body of the inmate at government
expense, granting permission to the members of the family and
friends of the inmate to be present thereat. If the body is claimed by
the family, all expenses incident to the burial shall be at the
expense of the family.
Section 8. Notification of kin of sick or dead inmate-
whenever an inmate is critically ill or dies, the prison medical
officer shall report the matter to the Superintendent who in turn
notify the inmate’s family by the fastest means of
communications available

Section 16. Burial of convict-

in no case shall the burial of a convict be held with pomp
( impressive decorations, music, clothing).
Imposable punishment- The Board of Discipline shall be
authorized to impose any of the following disciplinary
measures on an errant inmate;
 
a. Caution or reprimand.
b. Cancellation of recreation, education, entertainment, and
visiting privileges.
c. Deprivation of GCTA for a specific period.
d. Change of security status to the next higher category, e.g.
from medium to minimum.
 
Limitation on punishment to be imposed on
female inmate-

A female inmate shall not be subjected to

disciplinary measures which might adversely
affect he unborn or nursing child.

Section 10. Disciplinary punishment to form

part of record of an inmate-

The penalty imposed by the Board of

Discipline shall from part of the carpeta and
prison record of an inmate.
 
 Discharge

(Part 6 Section 1-13

BuCor Operating
Manual)
Basis of release of PDL – PDL may be released from prison:
1. Upon the expiration of his sentence;
2. By order of the court or of competent authority; or
3. After being granted parole, pardon, amnesty.
Who may authorize release – the following are authorized to
order or approve the release of PDL:
4. The Supreme court or lower courts, in cases of acquittal or grant of
bail;
5. The President of the Philippines, in cases of executive clemency or
amnesty;
6. The Board of Pardons and Parole, in parole cases; and
7. The Director, upon the expiration of sentence of the PDL.
Documentary basis for release – PDL shall not be
released on the basis of authority relayed through telegram or
telephone. PDL to be released by reason of acquittal,
dismissal of the case, the filing of bond or payment of
indemnity shall only be released upon receipt by the
Superintendent of a written order bearing the seal of the
court and duly signed by the Clerk of Court or by the judge
thereof. The release order shall bear the full name of PDL,
the crime charged, the number of the case, and such other
details as will enable the releasing officer to properly
identify the PDL to be released.
Prompt release of PDL – A PDL shall be released
without delay. However, before releasing the PDL who is
suffering from a communicable disease or mental
derangement, and who cannot defray the expenses of his
treatment, the Superintendent shall take the necessary
steps to arrange for the follow-up treatment of the PDL in
an appropriate government institution.
Release of Foreign National – the Director shall :
a) Notify the Commissioner of Immigration of the
release of the PDL at least thirty (30) days before
the approximate date of release
b) Furnish the Commissioner of Immigration with
certified copies of the Court decision in the case of
the alien PDL, a synopsis of his prison record, and
the expected date of release.
Release of PDL with pending case – if the PDL to be
released has a pending criminal case, the Director shall inform the
court where the case is pending of the PDL’s discharge from the
prison at least thirty (30) days before the actual date of release. In
the proper case, the Director shall turn over the PDL to the proper
court where the PDL has a pending criminal case for disposition.
Prohibited release of PDL before and after election –
the Director shall not order or allow the PDL to leave the prison
sixty (60) days before and thirty (30) days after an election
except for valid or legal reasons.
Separation and Placement Center – A PDL shall, thirty (30)
days before his scheduled date of release, be transferred to the
Separation and Placement Center to prepare him for re-entry into
free society, provided he is not under punishment or an escape
risk, and is cleared of his government property accountability.
Pre-release seminar – all PDL eligible for release shall undergo a
one-day seminar in preparation for his life outside prison.
Assistance to PDL to be released – upon release of the PDL he
shall be supplied by the Bureau with transportation to his home,
including a gratuity to cover the probable cost of subsistence en
route, and if necessary, a suit of clothes.
Transmittal of carpeta and prison records – in
executive clemency and parole cases, the Director shall forward
the carpeta and prison record of the PDL to the Board within the
following periods:
1. For commutation of sentence – at least one (1) month
before the expiration of one-third (1/3) of the minimum
period of the PDL’s indeterminate sentence and in special
cases, at least one (1) month before the periods specified
by the Board;
2. For conditional pardon – at least one (1) month
before the expiration of one-half (1/2) of the
minimum period of the PDL’s indeterminate
sentence and in special cases, at least one (1) month
before the periods as the board may specify; and
3. For parole – at least one (1) month before the expiry
date of his minimum sentence.
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