Basis for Grant of Parole BPP may grant parole if it finds that: (i) the prisoner is fit to be released; (ii) there is a reasonable probability that, if released, he or she will live and remain at liberty without violating the law; and (iii) his or her release will not be incompatible with the welfare of society. As a result, significant reforms are needed to spur further economic development. Let's take a closer look at three of the most heavily debated prison matters: prison overcrowding, mentally ill inmates and private prisons. INTRODUCTION The Philippine Corrections System is composed of the institutions in the government, civil society and the business sector involved in the confinement, correction and restoration of persons charged for and/or INSTITUTIONAL FRAMEWORK Three major government functionaries are involved in the Philippine correctional system, namely: theDepartment of Justice (DOJ), Department of the Interior and Local Government (DILG) and the Departmentof Social Welfare and Development (DSWD). Privatization. It is, differentiated from the term “prison” which refers to the national prisons or penitentiaries managed and. “Commutation of Sentence” refersto the reduction of the duration of a prison sentence of a prisoner. Vice President Leni Robredo still has to release her report on the drug warfrom her short stint as co-chair of the Inter-Agency Committee on Anti-Illegal Drugs. Section 2, Article of the Constitution, moreover, provides that “The Philippines… adopts thegenerally accepted principles of international law…”.B. 2. Adistrict jail is a cluster of small jails, each having a monthly average population of ten or less inmates, and islocated in the vicinity of the court.6 Where the imposable penalty for the crime committed is more than sixmonths and the same was committed within the municipality, the offender must serve his or her sentence inthe provincial jail which is under the Office of the Governor. Racism. The BPP provides invaluable assistance to the President in exercising the power of executiveclemency.24 It is exercised with the objective of preventing a miscarriage of justice or correcting a manifestinjustice. DILG supervises the provincial, district, city and municipal jails through the provincialgovernments and the Bureau of Jail Management and Penology, respectively. II (Declaration of Principles and State Policies), Art. When Applications for Executive Clemency will not be Favourably Acted Upon Notwithstanding the existence of any of the circumstances mentioned above, the BPP shall notfavourably recommend petitions for executive clemency of the following prisoners, those: (i) convicted of evasion of service of sentence; (ii) who violated the conditions of their conditional pardon; (iii) who are habitual delinquents or recidivists; (iv) convicted of kidnapping for ransom; (v) convicted of violation of the Dangerous Drugs Act of 1972 and the Comprehensive Dangerous Drugs Act of 2002; (vi) convicted of offences committed under the influence of drugs an; (vii) whose release from prison may constitute a danger to society. XIII (Social Justice and HumanRights).5 Supra.6 Ibid. A “jail” is defined as a place of, confinement for inmates under investigation or undergoing trial, or serving short-term sentences. You can publish your book online for free in a few minutes! A violation of any of the conditions may lead either to a more restrictive modification of the same or therevocation of the grant of probation. The Muntinlupa Juvenile Training Centre The establishment of a separate facility for juveniles serving sentence at BuCor has long been a seriousconcern of the Department of Justice. Among these issues are providing PhilHealth coverage for all Filipino citizens that will significantly reduce the high out-of-pocket expenses from the people; correcting the fragmented and … The resumption of K-12 classes is scheduled for Aug. 24 this year, hence the Department of Education’s (DepEd) reserving the entire month of June for registration, and later extending it till July.… Some of theseprovisions are already embodied in the Philippine Constitution4 and in its laws, rules and regulations andordinances. A bill introduced by Rep. Amado Espino Jr. allocates money to rebuild jails and rehabilitate prisoners. The issues worsen as people who prefer to stay here in the Philippines seem to be desensitized on the reality of our current educational state as a whole which is defined by insufficiency, ineffectiveness and inequality. Under the said law, a youth offender is defined as a child, minor or youth who is over nine years butunder eighteen years of age at the time of the commission of the offence.18D. Disqualified Offenders Offenders who are disqualified are those: (i) sentenced to serve a maximum term of imprisonment of more than six years; (ii) convicted of subversion or any offence against the security of the State, or the public order; (iii) who have previously been convicted by final judgment of an offence punished by imprisonment of not less than one month and one day and/or a fine of not more than Two Hundred Pesos (P 200.00); or (iv) who have already been on probation under the provisions of the Decree.3. As stipulated in our laws, and the UN Standard Minimum Rules forthe Administration of Juvenile Rules (the Beijing Rules) and UN Guidelines for the Prevention of JuvenileDelinquency (the Riyadh Rules), youth offenders should be segregated from adult offenders and givendifferent rehabilitation programmes that will answer their special needs. It educates the community on the situations prevailing in prisons/jails andmaking the people aware that prisoners are human beings that should be accorded full respect for theirhuman rights. President Rodrigo Duterte’s death squads have killed the democratic process in the Philippines, and they haven’t killed the system that reproduces and perpetuates corruption. Jail Decongestion Programme/OPLAN Decongestion In 1993, The DOJ launched a jail decongestion programme designed to facilitate the release of inmates.To implement the programme, a Memorandum of Agreement was entered into between and among thePublic Attorney’s Office (PAO), National Prosecution Service (NPS), BJMP and the three correctionsagencies of the DOJ – BuCor, PPA and BPP. ISSUES CONFRONTING THE PHILIPPINE CORRECTIONS SYSTEMA. The Philippine government has been boasting that as early as March 16, they had the gumption to implement a lockdown in major cities and provinces in response to … Prison population rate (per 100,000 of national population) 1993 1999 2000. 1, Chapter 11, Part III, Bureau of Corrections Operating Manual.11 Ibid., Sec. Provincial Government Provincial jails, numbering 104 in all, including sub-provincial extensions, are under the supervision andcontrol of the provincial governments.19E. supervised by the Bureau of Corrections, an agency under the Department of Justice. It also results in functional overlaps and diffusion in theconduct of corrections and restoration activities.C. II. The facility, Quezon City Jail, in Manila, is home to 3,800 inmates – … Municipal and city prisoners are committed to municipal, city or district jails managed by the BJMP. Since the completion of the construction of the training centre in October 2003, youthoffenders at BuCor are segregated from adult offenders and given appropriate rehabilitation programmes andservices.B. Upondetermination that a prisoner granted conditional pardon has violated the conditions of his or her pardon, theBoard recommends to the President the prisoner’s arrest or recommitment. RDC receives, studies and classifies inmates committed toBuCor. It has one prison institution forwomen and one vocational training centre for juveniles. IV. A. Adherence to the United Nations (U.N.) Standard Minimum Rules for the Treatment of Prisoners, and the UN Standard Minimum Rules for Non-Custodial Measures, The Philippines adheres to the provisions of the UN Standard Minimum Rules for the Treatment of, Prisoners and UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) and other, international human rights instruments which define and guarantee the rights of inmates. TheInmate Council, which is composed of finally convicted inmates, serves as an advisory body of theSuperintendent of each institution.11 The Board of Discipline hears complaints and grievances with regard toviolations of prison rules and regulations.12B. Institutions 2001 2002 2003 Authorized Actual Authorized Actual Authorized Actual Gen. Administration Civilian 318 266 318 294 318 289 Custodial 32 29 32 29 32 28 NBP 206 181 206 196 206 193 Civilian 804 754 804 762 804 757 Custodial 19 18 19 19 19 19 CIW 30 29 30 29 30 29 Civilian Custodial 122 108 122 115 122 111 135 123 135 128 135 124 IPPF Civilian 96 85 96 88 96 88 Custodial 224 206 224 200 224 193 DPPF 44 37 44 42 44 40 Civilian 88 83 88 86 88 84 Custodial 57 50 57 54 57 53 SRPPF 77 72 77 72 77 71 Civilian Custodial 61 54 61 56 61 55 49 48 49 46 49 45 SPPF 4363 4144 4363 4218 4363 4182 Civilian Custodial LRP Civilian Custodial TOTALTable 3 - Ideal and Actual Ratio of Custodial Officer Per Inmate. The Spanish at first viewed the Philippines as a stepping-stone to the riches of the East Indies (Spice Islands), but, even after the Portuguese and Dutch had foreclosed that possibility, the Spanish still maintained their presence in the archipelago. Through PPA’sinterviews with inmates, 6,239 inmates were found to be qualified for probation, 2,079 for parole andexecutive clemency, while 3,119 records were referred to the PAO for assistance in the preparation and filingof petitions for probation. It also encourages public participation in the re-socialization and public acceptance in thereintegration of prisoners into society as productive and law-abiding citizens after service of sentence inprison.28 Ibid.29 2003 Parole and Probation Performance Highlights. Current Problems of the Philippine Educational System 1. The other pillars of thePhilippine criminal justice system – law enforcement, prosecution, judiciary, and the community must alsodo their share. 8, Title III, Book IV of Executive Order No. Three Types of Detainees8 1. Criteria for Probation In determining whether an offender may be placed on probation, the court shall consider all informationrelative to the character, antecedents, environment, mental and physical condition of the offender, andavailable institutional and community resources. HEALTH SITUATION The Philippines has made significant investments and advances in health in recent years. 87. Probation shall be denied if the court finds that: (i) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; (ii) there is an undue risk that during the period of probation, the offender will commit another crime; or (iii) probation will depreciate the seriousness of the offence committed.14 Supra.15 Supra.16 The Child and Youth Welfare Code.17 Ibid., Title VIII, Chapter 3, Articles 189-204.18 Ibid., Art. 96820, as amended, to administer theprobation system. The government, thus. In 2003, the BPP handled and processed 13,872 petitions for parole/executive clemency. To extend prompt,efficient and timely services to inmates, BuCor created ICIA which is tasked to act, within seventy-twohours, on all the complaints, requests for information and assistance of inmates.10 The commoncomplaints/requests made by inmates are complaints against employees/co-inmates, status of prisoners’release, computation of Good Conduct and Time Allowance and problems regarding visitors’ visits. To be able to enjoy the benefits ofprobation, it must first be shown that an applicant has none of the disqualifications imposed by law.1. The involvement, however, of the police inpenology and jail management is a temporary arrangement in view of BJMP’s limited capacity.15C.
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