St.
Louis College of Bulanao
Purok 6, Bulanao, Tabuk City, Kalinga 3800
CA3: Therapeutic Modalities
Module 3
I. INTRODUCTION:
This course covers the different therapeutic modalities, treatment models, treatment programs, and policy
or program intervention for both in Institutional and non-institutional corrections. The forging of
partnerships, involvement and engagement of Government Agencies, Religious Sector, Private Foundations,
Institutions and Non Governmental Organizations focused on the Detainee’s/Inmate’s/Person Deprived
Liberty’s total welfare and well-being.
LEARNING OUTCOMES:
a. Discuss about the PDLs Admission Process and Procedures in the BJMP, Provincial Jails & BUCOR
b. Explain the Treatment Programs of Convicted Persons Placed under Non-Institutional Correction
Programs/Community Based Program
c. Understand the Treatment Programs and Rehabilitation of the Different Confinement Facilities
II. COURSE CONTENT:
Subject Matter: Review on the Relevant Topics in Institutional Corrections and Non-Institutional
Corrections
Materials to be used: Modules
III. LEARNING EXPERIENCES:
The Classification Movement- The reorganization or the federal prison system in 1930, stared the
movement for modern correctional reforms. The most recent developments in individualization of treatment and
training of prisoners. State correctional system have adopted California’s system of diversification by institution and
diversification within the institution in the year 1944.
The Difference between Classification and Diversification
Classification Diversification
Is the placing of prisoners into types or categories for the Is an administrative device of correctional institutions of
implementation of the best treatment programs. It is a providing varied and flexible types of physical plants for
method by which diagnostic treatment planning and more effective control of the treatment programs of its
execution of treatment programs are coordinated in diversified population. It is the separation of different
individual cases. types of inmates for sound execution of their treatment
and custody.
The Classification Process- The rehabilitation program of the prisoner is carried through process of classification is more
than placing prisoners into types or categories it is a method by which diagnosis, treatment and planning and execution
of treatment program are coordinated in the individual care.
Objectives of Classification Process- the development of an integrated and realistic programs of the prisoner arrived at
through the coordination of diagnosis, planning and treatments activities and an informed continuity of these activities
from arrival to release of the prisoner.
The Three Phases of Classification
1. Diagnosis- this done inside the reception center in which the inmates will undergo series of test, e.g. physical, mental
and medical examination in other to determine the inmates condition.
2. Treatment Planning- this will take place in the reception center, which is a special unit from the prisoner or in the
classification clinic of the prison. (After the staff interview and staff conference is done, it will be then part of the
admission summary)
3. Execution of the Treatment Program- this will take place in the operating institution or prison. Admission Procedure
in Prison
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Receiving – prisoners from city or provincial jails where transferred in the national prison after conviction by final
judgment if the penalty is more than three years. The prisoners are received at the Reception and Diagnostic Center for
examinations.
Checking – this include the checking of papers and other documents of prisoner by the prison administrator, such as
travel document or commitment order issued by judge.
Identification – proper identification of prisoner is done through his picture and fingerprint.
Searching – this involves frisking and searching hidden dangerous things or weapons and other contraband.
Orientation – this is the reading of rules and regulations of the prisons.
Assignment – prisoner is sending to quarantine unit for a period of seven to ten days.
Classification of Inmates as to Entitlement of Privileges
Detainee;
Third Class inmate – one who has either been previously committed for three (3) or more times as a sentenced inmate,
except those imprisoned for non-payment of a fine and those who had been reduced from a higher class;
Second Class inmate – a newly arrived inmate; an inmate demoted from first class; or one promoted from the third
class;
First Class inmate – one whose known character and credit for work while in detention earned assignment to this class
upon commencement of sentence; or one who has been promoted from the second class.
Colonist.
Qualifications of a Colonist
-be at least a first class inmate and has served one (1) year immediately preceding the completion of the period
specified in the following qualifications;
-has served imprisonment with good conduct for a period equivalent to one fifth (1/5) of the maximum term of
his prison sentence, or seven (7) years in the case of a life sentence.
Privileges of a Colonist
>Credit of an additional GCTA of five (5) days for each calendar month while he retains said classification aside
from the regular GCTA authorized under Article 97 of the RPC (not applicable under present law) ;
> Automatic reduction of the life sentence imposed on the colonist to a sentence of thirty (30) years;
> As a special reward to a deserving colonist, the issuance of a reasonable amount of clothing and ordinarily
household supplies from the government commissary in addition to free subsistence; and
> To wear civilian clothes on such special occasions as may be designated by the Superintendent.
Privilege of an Inmate in Visiting Relatives Who Died
>To view the remains of a deceased relative and all its supporting documents shall be filed with the
Superintendent at least two (2) days before the enjoyment of the privilege sought.
>Inmate may be allowed more or less three (3) hours to view the deceased relative in the place where the
remains lie in state.
>The privilege may be enjoyed only if the deceased relative is in a place within a radius of thirty (30) kilometers
by road from the prison. Where the distance is more than thirty (30) kilometers, the privilege may be extended if the
inmate can leave and return to his place of confident during the daylight hours of the same day.
Time-Release
Education Thirty (30) days prior to his scheduled date of release, an inmate is transferred to the
Separation and Placement Center for the purposes of reorientation with the ways of free society. Service of
Non-Governmental Organization and their religious sector are made possible to the offenders prior to release
from prison to assist in their reintegration to society.
Release
The authorities who approve the release of an inmate are:
a. The Directors of the Bureau of Corrections upon the expiration of the sentence of the prisoner.
b. The Board of Pardons and Parole in Parole case.
c. The Supreme Court of the Philippines or lower court in cases of acquittal of the accused prisoner or grant of
bail.
d. The President of the Philippines in cases of Executive Clemency or Amnesty
The Difference between Prison and Jail
Prison Jail
- a penitentiary, an institution for the - a place of confinement for those who are
imprisonment of persons convicted of awaiting for trial or are those serving short
- sentences.
- - primarily adult penal institution used for the
- detention of law violators, which is administered
- major/serious crimes. by a province, city and municipality.
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- a place of confinement for those who are serving - The word Jail derived or originated from the
more than 3 years of imprisonment. Spanish word “Caula or Jaula”, meaning cage.
- is a confinement facility having custodial
authority over an individual sentenced by a court
to imprisonment, which is administered by a
national government.
- The word Prison derived or originated from the
Greco-Roman “Presidio”.
Lock Up Jail
-This is a security facility, usually operated by the police department, for the temporary detention of persons
held for investigation or awaiting trial.
The Provincial Jail
The Provincial Jail System was first established in 1910 under the American regime. Each of the seventy-six (76)
provinces has a Provincial Jail is headed by a Provincial Jail Warden which is appointed by the Provincial Governor, as
well as provincial jail guards with conformity with the Civil Service Law. The DILG serves as the supervising agency in
every Provincial Jail.
Who is a Prisoner
General Classification of Prisoners
Detention Prisoners - detained for investigation, preliminary hearing, or awaiting trial. They are prisoners under
the jurisdiction of courts.
Sentenced Prisoners -offenders who are committed to jail or prison in order to serve their sentence after final
conviction by a competent court. They are prisoners under the jurisdiction of penal institutions.
Prisoners who are on safekeeping- includes non-criminal offenders who are detained in order to protect the
community against their harmful behavior
Classification of Sentenced Prisoner (P.D. 29)
>Insular or National Prisoners - sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
>Provincial Prisoners- sentenced to suffer a term imprisonment from 6 months and 1 day to 3 years or a fine not
more than 1, 000.00 pesos or both.
>City Prisoners- those sentenced to suffer a term of imprisonment from 1 day to 3 years or a fine of not more
than 1,000.00 pesos or both.
> Municipal Prisoners- those confined in Municipal jails to serve an imprisonment from 1 day to 6 months.
Guidelines in Reception and Admission Procedures in Jails
Step 1. Checking of Credentials by the Desk Officer:
Step 2. Search of detainee/prisoner by the Searcher
Step 3. Physical examination/appraisal by the Jail Medical personnel
Step 4. Taking of fingerprints and photograph, accomplish a jail booking, and complete the documents required in the
Carpeta.
Step 5. Orientation of inmate to jail rules and policies and about Article 29 of the RPC/ R.A. 6127 (detainee’s
manifestation) by the chief custodial or the officer of the day.
Step 6. Classification and Segregation of Newly Detained Inmate
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CHAPTER 4
Treatment Programs of Convicted Persons Placed under Non-Institutional Correction Programs/Community Based
Program
Probation - A term coined by John Augustus, from the Latin verb "probare" – which means to prove or to test.
Role of Probation in the Correctional System
- Probation is a part of the correctional system. It cannot be properly considered as an independent subject. It is only a
phase of penology, and therefore, it must be viewed in its relation to other aspects of the enforcement of the criminal
laws and its proper perspective.
Extinction of Criminal Liability
-The criminal liability of the person is extinguished into two instances the partial and total extinction of the
criminal liability of the convicted felon.
1. By marriage of the offended woman
- Marriage of the offender with the offended woman after the commission o any of the crimes of rape,
Seduction, Abduction, or Acts of Lasciviousness must be contracted by the offender in good faith.
2. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability thereof is extinguished
only when the death of the offender occurs before final judgment.
3. By service of sentence - Crime is a debt by the offender as a consequence of his wrongful act and the penalty is the
amount of his debt.
4. By amnesty, which completely extinguishes the penalty and all its effects:
-Amnesty defined. It is an act of the sovereign power granting oblivion or a general pardon for a past offense.
5. By absolute Pardon Absolute
Pardon defined - It is an act grace proceeding from the power entrusted with the execution of the laws, which exempts
the individual on whom it is bestowed from the punishment, the law inflicts for the crime he has committed.
Differences between Amnesty and Pardon
Pardon- includes any crime and is exercised individually by the Chief Executive, while amnesty is a blanket pardon
granted to a group of prisoners, generally political prisoners.
Limitations of the Pardoning Power The power of the chief Executive to grant pardon is limited to the following:
1. Pardon cannot be extended to cases of impeachment. (Art VII, Soc. 10, Par. 2, Constitution of the Philippine).
2. No pardon, parole or suspension of sentence for the violation of any election law may be granted without favorable
recommendation of the Commission of Elections. “(Art. X, Soc. 2, Par. 2 Constitution of the Philippines)”
3. Pardon is exercised only after conviction.
Partial Extinction of Criminal Liability
Criminal liability is extinguished partially:
1. By conditional Pardon
2. By Commutation of Sentence
Purpose of Commutation of Sentence
a. to break the rigidity of the law;
b. to extend parole in case where the parole law do not apply;
c. to save the file of person sentences to death.
Instances where commutation is provided by law:
1. When the convict who is sentenced to death is over 70 years of age;
2. When the justices of the Supreme Court fail to reach a decision for the affirmation of the death penalty.
3. By Good Conduct Time Allowance (RA 10592)
The conduct of any prisoner in any penal constitution shall entitle him to the following deductions from the period of his
sentence;
a. First two years of imprisonment – twenty (20) days of allowed deduction for each month of good behavior;
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b. Third of fifth year – twenty three (23) days allowed deduction of each of good behavior;
c. Sixth to the tenth year – twenty five (25) days allowed deduction for each month of good behavior;
d. Eleventh and success years – thirty (30) days allowed deduction for each month of good behavior.
Special Time Allowance (RA 10592)
>Special time allowance for loyalty – A deduction of one fifth of the period of his sentence shall be granted to any
prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe referred to in said article.
Authority to Grant
-Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked.”
Conditional Pardon - Conditional Pardon serves the purpose of releasing, through executive clemency, a prisoner who is
already reformed or rehabilitated but who cannot be paroled because the parole law does not apply to him.
Nature of Conditional Pardon
Conditional Pardon is in the nature of a contract, so that it must first be accepted by the recipient before it takes
effect. The pardonee is under obligation to comply strictly with the conditions imposed therein, otherwise, his non-
compliance will result to the revocation of the pardon. (Art. 95, RPC). If the pardonee violates any of the conditions of
his pardon, he will be prosecuted criminally as a pardon violator.
Some Guides in Pardon Selection In determining the fitness of a prisoner for release on conditional pardon, the
following points shall be considered as guides
1. The political, organizational or religious affiliation of the prisoner should be disregarded.
2. Due (but not undue) regard should be given the attitude of the people in the community from which he was
sentenced.
3. The judicial history of the case should be carefully investigated.
4. The background of the prisoner before he was committed to prison – social, economic, psyAchological and emotional
backgrounds – should be carefully investigated.
Conditional Pardon Distinguished from Parole
The purpose of conditional pardon and parole is the same – the release of a prisoner who is already reformed in
order that he can continue to serve his sentence outside of the institution, thus giving him the opportunity to gradually
assume the responsibilities of a free man. Both releases are subject to the same set of conditions will subject the parolee
or pardonee to be recommitted to prison.
Conditions of Pardon and Parole In the Philippines, the pardonee is given the same set of rules or conditions as the
parolee. Among the conditions usually imposed on pardonees and parolees are the following:
1. That he shall live in his parole residence and shall not change his residence during the period of his parole without first
obtaining the consent of the Board of Pardons and Parole.
2. If the parolee or pardonee leaves the parole jurisdiction temporarily, he needs not get the permission of the Board,
although he may so inform his parole officer (Municipal Judge) of his where about.
3. That he shall report to the Municipal Judge (of the town where he will reside) or to such officer as may be designated
by the Executive Officer of the Board of Pardons and Parole during the first year once a month and, thereafter, once
every two months or as often as he may be required by said officer.
4. That he shall not indulge in any injurious or vicious habits, and shall avoid places or persons of disreputable or harmful
character.
5. That he shall permit the Provincial Commander, Philippine Constabulary or any officer designated by the Executive
Officer of the Board to visit him at reasonable times at his place of abode or elsewhere and shall truthfully answer any
reasonable inquiries concerning his conduct or conditions.
6. That he shall not commit any crime and shall conduct himself in an orderly manner.
7. That he shall pay not less than P50.00 a month to the cashier of the Department of Justice in payment of the
indemnity imposed upon him.
8. That he shall comply with such orders as the Board or its Executive Officer may from time to time make.
Abuse of the Pardon Power and It’s Safeguards
The power vested on the President by the Constitution to grant pardon is very broad and exclusive. It is not subject
to review by the courts. Neither does congress have the right to establish conditions nor provide procedure for the
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exercise of pardon.
Is Pardon Necessary in our Penal System?
OTHER FORMS OF EXECUTIVE CLEMENCY
Amnesty - is a general pardon extended to groups of persons and is generally exercised by executive clemency with the
concurrence of Congress.
Amnesty is extended to convict as well as persons who have not yet been tried by the court. Some of the
proclamations of amnesty are as follows:
1. Proclamation No. 51
2. Proclamation No. 76
3. Proclamation No. 51
Commutation- is an act of clemency by which an executive act changes a heavier sentence to a less serious one or a long
term to a shorter term.
Purposes of Commutation Some of the common uses of commutations are the following:
2. To break the rigidity of the law - Some penal laws are rigid and unusually cruel.
3. To extend parole in cases where the parole law does not apply - Commutation enables the recipient to be released on
parole when his sentence does not allow him parole
4. To save the life of a person sentenced to death - This is one of the most common uses of commutation of sentence.
Procedures in Commutations
When the sentence of death penalty is confirmed by the Supreme Court, the condemned man or the head of the
prison system (Director of Prisons) may file a petition for commutation.
The Board of Pardons and Parole processes the petition and will deliberate on a recommendation after a careful
study of the papers, including the reports of the Reception and Diagnostic Center.
Reprieve- is a temporary stay of the execution of the sentence. Like pardon, the President can only exercise reprieve
when the sentence has become final.
Conditional release- is the statutory shortening of the maximum sentence the prisoners serves because of good
behavior while in prison.
“Good Conduct time allowance is automatically applied to reduce the sentence but may be taken away from the
prisoner if he fails to obey the rules and regulations of the prison.
CHAPTER 5
Treatment Programs and Rehabilitation of the Different Confinement Facilities
1. BJMP Programs
A. Major Programs 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.
B. Core Programs
a. Provisions of Basic Needs All PDL under custody are provided with three (3) meals (breakfast, lunch and supper).
Adequate supply of potable water is made available to them at all times.
b. Health Services- Health services for PDL consist of interventions towards the prevention, promotion, treatment of
illnesses and rehabilitation. All PDL undergo medical assessment upon admission.
c. Educational Program- The educational program aims to provide opportunities for PDL to achieve mandatory
education. For this reason, BJMP adopted the Alternative Learning System (ALS) of the Department of Education for the
PDL to earn their elementary and high school diplomas.
d. Skills Training/ Enhancement Program- The objective of the skills training program is to equip the PDL with
technical/vocational skills which they can use in seeking employment or starting their own business after release from
confinement.
e. Livelihood Program- The livelihood program presents income-generating activities to PDL during their confinement
where they are able to earn for their personal upkeep and for financial support to their families.
f. Behavioral Management/ Modification Program- BJMP implements the Therapeutic Community Modality Program
(TCMP) to manage and modify behaviors of PDL with the goal of positively changing their thinking and behavior through
structured group processes.
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g. Interfaith Program -PDL are provided with the opportunity to practice their faith while under custody without
discrimination, subject only to usual safety and security measures. h. Cultural and Sports Program The cultural program
aims to promote camaraderie among PDL, encourage the development of self-confidence and sharing of cultural talents
as form of positive entertainment.
i. Paralegal Program -The main objective of the Paralegal Program is to address the overcrowding in jail facilities.
Through the paralegal program, PDL are assisted in availing of the different early modes of release.
j. E-Dalaw -The E-DALAW service is an alternative to the traditional face-to-face visitation between PDL and
respective families. This service enables the PDL to connect with his/her family through a supervised video call and chat.
C. Support Services
a. Human Rights Desks -Every jail facility operates a 24-hour Human Rights Desk handled by a designated
Human Rights Affairs Officer.
b. Help Desk -In line with the government’s policy of providing timely and speedy access to government
services, each jail facility has established its own Help Desk managed by a designated Held Desk Officer.
c. Refferals for Aftercare- Although BJMP recognizes the importance of aftercare program for PDL to be released for
them to start a new, it is limited only to providing welfare and developmental programs to PDL while they are in
custody.
D. Special Program for Vulnerable Groups
a. Services for Pregnant PDL- Pregnant PDL, by reason of their medical condition, are given special attention by the
jail nurses to ensure compliance to pre-natal and post-natal care.
b. Services for Senior Citizen PDL and PDL with Disabilities -In addition to implementing measures to protect the
senior citizen PDL and PDL with disabilities from discrimination and establishing functional priority lanes for them, the
primary policy is to link them to the local Office of Senior Citizen Affairs Office (OSCA) and Person with Disability Affairs
Office (PDAO) for the acquisition of their respective Identification Cards.
c. Services for PDL with other Special Needs -PDL who are members of the LGBT community maybe segregated from
the general population in terms of housing to prevent potential mistreatments towards them by reason of their gender
expression and other vulnerabilities.
d. Mental Health Services- In general, preventive mental health aimed at reducing incidence of mental health disorders
and developing positive coping mechanisms are provided to all PDL.
e. Drug Counseling for PDL with Substance use Disorder - PDL with substance use disorder or have history of illegal drug
use and who were granted plea bargaining under A.M. No. 18-03-16 SC, are provided with drug counseling using the
Katatagan Kontra Droga sa Komunidad (KKDK) approach.
2. BUCOR Reformation Programs
A. Work and Livelihood - The Bureau offers a variety of inmate work programs, from agricultural to industrial.
The purpose of the inmate work program is to keep the inmates busy, and to provide them money for their personal
expenses and their families as well as help them acquire livelihood skills, in order that they may become productive
citizens once they are released and assimilated back into the mainstream of society.
B. Healthcare Services -Upon his initial commitment to the Reception and Diagnostic Center (RDC), the inmate’s medical
history is recorded and properly documented by the Medical Specialist. Medical information and mental status
examinations are given to ascertain his overall physical / mental fitness and whether he would be fit for work.
C. Education and Skills Training -Rehabilitation can be facilitated by improving an inmate’s academic and job skills.
Records show that many prisoners are poorly educated. A majority are elementary school drop outs or have not even
finished primary school.
D. Sports and Recreation -The inmates enjoy sunrise by participating in daily calisthenics. There are various indoor and
outdoor sports activities, programs, tournaments and leagues all year round, to include basketball, volleyball, billiards,
table tennis and chess.
E. Moral and Spiritual Program- Inmates enjoy freedom of religion. All inmates are free to observe the rituals of their
faith, with orderly conduct supervised by prison authorities. A religious guidance adviser or chaplain is assigned in every
prison and penal farm.
F. Therapeutic Community- The Therapeutic Community (TC) Program represents an effective, highly structured
environment with defined boundaries, both moral and ethical. The primary goal is to foster personal growth.
-As TC family members go on with their daily activities, a strong sense of responsibility and concern for each other’s
welfare are developed. They are constantly being monitored for their progress and are regularly being evaluated by the
TC-trained staff.
-The efforts of the Bureau of Corrections to rehabilitate Drug dependents under its care using the TC approach is in line
with its commitment to create a Drug-Free Prison.
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