Introduction to the Correction Pillar in the Philippine Criminal Justice System

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Overview of the Session

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00:00

The speaker greets participants from various regions and acknowledges

deans, instructors, students, and reviewers preparing for the criminologist
licensure exam.

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00:27

Introduction to “Bino,” a YouTube platform providing free and comprehensive

discussions on criminology topics.

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Recap of Previous Episodes

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00:49

A brief recap of previous episodes covering law enforcement, prosecution,

and court pillars within the criminal justice system.

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01:13

Today’s focus is on the fourth pillar: corrections and community.

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Importance of Review Materials

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01:38

The speaker expresses gratitude to those who purchased review materials

and emphasizes their importance for exam preparation.

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02:02

Encouragement for students to avail themselves of these resources as they

are beneficial during studies and board exam preparations.

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02:35

Understanding Corrections in Criminal Justice

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Definition and Functions of Corrections

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02:35

Corrections is defined as managing custody, supervision, and rehabilitation

of offenders within the criminal justice system.

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03:12

Key functions include:

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Custody of offenders

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Supervision during rehabilitation

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Rehabilitation efforts post-conviction

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Perception of Corrections as a Weak Pillar

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03:47

Corrections is often labeled as the “weakest pillar” due to recidivism rates

where released individuals re-offend.

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04:10

This label reflects failures in rehabilitation efforts but should not overshadow
strengths across all pillars in the justice system.

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04:53

Fragmentation Within Correctional Agencies

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Organizational Structure Challenges

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04:53

The correctional setup is described as fragmented with multiple supervisory

agencies overseeing different aspects.

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Bureau of Corrections (BuCor)

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05:28

BuCor operates under the Department of Justice (DOJ), managing national

penitentiaries like New Bilibid Prison.

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Bureau of Jail Management and Penology (BJMP)

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06:02

BJMP falls under the Department of Interior and Local Government (DILG),
overseeing municipal jails while having similar functions to BuCor.

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Provincial Jails

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06:44
Provincial jails are managed by local government units rather than directly
by BJMP or BuCor, leading to varied oversight structures.

Implications for Rehabilitation Efforts

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Overview of the Philippine Penal System and Schools of Criminology

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Structure of the Philippine Penal System

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07:51

The Bahay Pag-asa (House of Hope) is a youth rehabilitation center under the
Department of Social Welfare and Development, not under the bureau of Jail
Management and Penology (BJMP) .

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08:15

The Parole and Probation Administration (PPA) operates under the

Department of Justice, which also oversees the Board of Pardons and Parole
(BPP) .

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08:15

Lock-Up Jails, associated with police stations, are managed by the Philippine
National Police rather than BJMP. These facilities hold individuals awaiting
trial or sentencing .

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Schools of Criminology

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Classical School

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09:12
Founded by Cesare Beccaria and Jeremy Bentham, this school emphasizes
psychological hedonism, suggesting that individuals act to maximize
pleasure while minimizing pain .

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09:33

The principle of hedonism posits that people engage in activities that bring
happiness and avoid those that cause sadness or pain. For instance, students
may avoid studying due to its perceived difficulty .

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10:33

The concept of free will allows individuals to make choices based on personal
preferences across various life aspects. This freedom is central to classical
criminology’s view on human behavior .

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Rationality in Decision-Making

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11:20

Individuals are seen as rational beings who calculate potential pleasures and
pains before taking action. This rationality influences their decisions
regarding education or career paths, such as choosing criminology for
financial security or respect in society .

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12:39

According to classical theory, all humans possess free will and rationality;
thus, everyone is subject to punishment regardless of their mental state or
background. No one is exempt from consequences for their actions .

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Neoclassical School

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13:49
The neoclassical perspective modifies classical views by acknowledging
exceptions: children, lunatics, imbeciles, or insane persons may be exempt
from punishment due to an inability to understand their actions’
consequences [].

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14:26

This school argues that not all individuals can rationally calculate between
pleasure and pain; hence some should not face penalties for their actions [].

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Key Differences Between Classical and Neoclassical Schools

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15:48

Understanding the Positivist or Italian School of Criminology

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Overview of Classical vs. Positivist Schools

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15:48

The classical school emphasizes punishment for crimes committed, focusing

on the act itself rather than the individual.

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16:12

In contrast, the positivist or Italian school prioritizes understanding the

nature of the criminal before addressing the crime.

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Founders and Key Concepts

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16:33

Dr. Cesar Lombroso is recognized as a key figure in modern criminology,

along with his students like Enrico Ferri and Rafael Garofalo.
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16:55

The Italian school views crime as a natural phenomenon; criminals are seen
as individuals needing treatment rather than punishment.

Treatment Over Punishment

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17:18

Criminal behavior is likened to a sickness that requires rehabilitation instead

of punitive measures.

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17:42

For example, if someone commits theft due to unemployment, they should

receive vocational training while incarcerated to become productive
members of society.

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Rehabilitation Focus

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18:05

Upon release from prison after undergoing treatment programs, individuals

can reintegrate into society with new skills and education.

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18:29

This approach contrasts sharply with classical theories that advocate for
strict punishment without considering underlying issues.

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Justifications for Punishment

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Retribution
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19:13

Retribution is defined as vengeance; individuals must be punished because

they deserve it based on their actions.

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Expiation or Atonement

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20:06

Expiation involves group vengeance aimed at appeasing public outrage

following a crime against an individual or community.

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Deterrence

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Specific Deterrence

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21:35

Specific deterrence aims to prevent an individual from reoffending by

instilling fear through witnessing others’ punishments.

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General Deterrence

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23:05

Understanding Criminal Justice: Punishment and Rehabilitation

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The Purpose of Punishment

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23:05
The concept of incapacitation is introduced, emphasizing that offenders may
pose a risk to the community. To prevent further crimes, they must be
arrested and imprisoned.

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23:38

Imprisonment serves as a means of protecting the public by ensuring that

offenders cannot commit additional crimes while incarcerated.

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Justifications for Punishment

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24:02

Reformation or rehabilitation is highlighted as a key justification for

punishment, focusing on transforming offenders into responsible citizens.

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24:24

The process of rehabilitation involves changing an individual’s behavior from

being law violators to becoming productive members of society.

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Rehabilitation Programs

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24:59

Offenders are required to undergo intensive rehabilitation programs in prison

to facilitate their transformation into law-abiding citizens.

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25:35

A metaphor comparing the transformation of criminals to caterpillars turning

into butterflies illustrates the potential for change through rehabilitation.

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Duration of Penalties
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26:09

An overview of various penalties is provided, including capital punishment

(death penalty), reclusion perpetua (20 years life imprisonment), and other
terms based on severity.

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26:32

Definitions clarify who qualifies as a prisoner, including those under lawful

authority due to criminal sentences or awaiting trial.

Classification of Prisoners

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26:54

Three general classifications are outlined: detention prisoners (not yet

convicted), sentenced prisoners (convicted), and those in safe keeping due
to psychological disorders.

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27:39

Detention prisoners are defined as individuals undergoing trial or awaiting

judgment, while sentenced prisoners have already been convicted.

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Types of Sentenced Prisoners

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28:35

Different categories within sentenced prisoners are discussed, such as

municipal prisoners with shorter sentences compared to provincial or
national prisoners with longer terms.

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30:44
Rehabilitation Programs in Prisons

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Overview of Rehabilitation Approaches

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30:44

The goal of rehabilitation is to eliminate criminal behavior and transform

individuals through various programs.

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31:07

Prison education is highlighted as a formal training process aimed at

reshaping prisoners’ mindsets towards positive living upon release.

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Types of Rehabilitation Programs

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Educational Initiatives

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31:44

The Department of Education oversees educational programs, including

vocational courses and the Alternative Learning System (ALS), which are
crucial for prisoner rehabilitation.

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Work Programs

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32:17

Work programs aim to change inmates’ moral behavior by providing useful

occupations, such as crafting and other skills, to combat idleness that can
lead to unrest.

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Religious and Recreational Services

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32:38

Inmates are encouraged to adopt religious values as part of their

rehabilitation, while recreational activities help alleviate boredom and
promote mental well-being.

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Health and Counseling Services

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Medical Support

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33:48

Comprehensive medical services include diagnosis, treatment, immunization,

and counseling aimed at supporting inmates’ health during incarceration.

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Institutional Treatment Benefits

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34:09

All institutional treatment programs are provided free of charge, including

meals, uniforms, accommodation, and recreational activities like sports.

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Challenges in Implementation

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Real-Life Application vs. Conceptual Framework

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34:41

There is a disparity between the ideal concepts of rehabilitation programs

and their actual implementation within prison systems.

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Release Mechanisms

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Conditions for Release

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35:15

Various conditions exist for inmate release: completion of sentence, court

orders for parole or pardon granted by the president or Supreme Court based
on acquittal or bail.

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Types of Pardon

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35:47

Different types of pardons include absolute pardon (automatic release),

conditional pardon (subject to terms), and amnesty for political offenders.

Community Involvement in Rehabilitation

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Role of Community Organizations

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36:46

Community stakeholders play a vital role in combating crime collectively;

they help reintegrate former inmates into society after serving their
sentences.

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Importance of Social Reintegration

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37:20
Successful reintegration requires community support; businesses often
impose hiring restrictions against convicted individuals which hinders this
process.

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38:29

How Can We Support Rehabilitated Individuals?

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Challenges in Employment for Rehabilitated Individuals

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38:29

The speaker discusses the difficulties faced by rehabilitated individuals in

securing employment due to stringent qualifications and low salaries,
highlighting a disconnect between job requirements and compensation.

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38:54

A bachelor’s degree is often required for jobs that offer minimal pay (around
370 PHP), raising questions about how society can assist those who have
been previously convicted but are now rehabilitated.

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Role of Social Institutions

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39:51

Families are identified as the smallest unit of society, serving as foundational

support systems for individuals, including those who have been rehabilitated.

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40:25

Schools act as secondary families where mental, social, and psychological

development occurs; churches provide spiritual upliftment, while media plays
a crucial role in shaping community perceptions.

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Media’s Influence on Crime Perception

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41:01

The speaker emphasizes that negative media coverage can exacerbate

societal fears regarding crime, suggesting that media has a significant
influence on public perception and behavior.

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41:37

Advertisements often exaggerate claims, leading to unrealistic expectations

among consumers; this reflects broader issues within media representation.

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Community Organizations’ Contributions

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42:12

Various organizations, including non-profits and fraternities, play essential

roles in community support beyond formal justice systems. They contribute
to crime prevention efforts.

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Understanding Barangay Justice System

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42:45

The discussion transitions to the barangay justice system (katarungang

pambarangay), which provides mechanisms for amicable settlements among
community members facing disputes.

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43:22

The lupon (conciliation panel), formed by elected barangay officials within 15

days post-election, consists of 10 to 20 members serving without salary but
may receive honorarium based on barangay funds.

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Dispute Resolution Process

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43:55

Members of the lupon are considered persons in authority; they facilitate

dispute resolution through a structured process involving complaint filing and
selection methods for conciliation panels.

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44:30

Two methods exist for selecting conciliation panel members: drawing lots or
mutual agreement between disputing parties. If no agreement is reached,
lottery selection is used again.

Jurisdiction of Barangay Justice System

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47:19

Mediation Procedures in Barangay Settings

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Overview of Mediation Process

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47:19

The mediation process involves the Barangay Captain acting as a mediator,

primarily observing and facilitating discussions rather than directly settling
disputes.

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47:47

Conciliation is highlighted as a method for reaching an agreement, where the

contents of the award refer to the final agreement between parties involved.

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Eligibility for Mediation

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48:26

Disputes can be mediated at the Barangay level if they involve punishments

not exceeding one year or fines under Php 5,000; exceptions apply when one
party is a government entity.

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48:58

Cases involving public officers or employees related to their official duties

are excluded from Barangay mediation.

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Specific Exclusions from Mediation

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49:22

If a complaint relates to a public officer’s performance of duties (e.g., police

misconduct), it cannot be settled at the Barangay level.

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49:46

Offenses with penalties exceeding one year imprisonment or fines over Php
5,000 are also outside the jurisdiction of Barangay mediation.

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Victimless Crimes and Property Disputes

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50:22

Victimless crimes (e.g., drug offenses) do not qualify for mediation since
there is no private offended party involved.

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50:44

Disputes over real properties located in different municipalities require

mutual consent for amicable settlement through an appropriate lupon.
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Conditions for Amicable Settlement

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51:20

Parties residing in different barangays may settle disputes if both agree on

which lupon will handle their case.

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51:44

Other classes of disputes may be determined by presidential directive in

pursuit of justice.

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Documentation and Language Requirements

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52:17

All amicable settlements must be documented in writing, using a language

understood by all parties involved; this ensures clarity and comprehension
during proceedings.

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Preconditions Before Court Filing

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52:41

No complaints or actions can proceed directly to court without prior

confrontation before the lupon Chairman; this emphasizes local resolution
first.

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Public Nature of Proceedings

Arbitration vs. Conciliation in Legal Proceedings

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Understanding Arbitration
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55:10

Arbitration allows parties to agree in writing at any stage of the proceedings

to abide by the arbitration award made by the Lupon Chairman or the
Pangkat. This process is distinct from conciliation and mediation.

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55:35

In arbitration, it is the panel (pangkat) that creates the agreement, unlike in

mediation and conciliation where both parties are involved in crafting the
agreement.