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Freedom and Death Inside the Jail.pdf - The Action Program for ...

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Fig. 1.1 <strong>The</strong> Philippine Penal System<br />

4<br />

<strong>Freedom</strong> <strong>and</strong> <strong>Death</strong> <strong>Inside</strong> <strong>The</strong> <strong>Jail</strong><br />

<strong>for</strong> nearly <strong>the</strong> same length of time. Some inmates prefer to finish<br />

<strong>the</strong>ir sentence in <strong>the</strong> detention center because transferring to <strong>the</strong><br />

jail would mean a lot of adjustment on <strong>the</strong>ir part. Or perhaps <strong>the</strong><br />

inmates have already endeared <strong>the</strong>mselves to <strong>the</strong> police authorities<br />

by becoming “trustees” (or personal aides to <strong>the</strong> officers). As<br />

a result, <strong>the</strong> detention center which is supposedly a temporary<br />

holding area becomes a venue <strong>for</strong> serving <strong>the</strong> full-term sentence<br />

of inmates. Accordingly, detainees are called prisoners or preso.<br />

Once <strong>the</strong> court issues an order to transfer <strong>the</strong> accused to <strong>the</strong> jail,<br />

a certificate of detention should be issued to <strong>the</strong> inmate, stating<br />

<strong>the</strong> length of his stay in <strong>the</strong> detention center. Should <strong>the</strong> inmate<br />

be convicted, <strong>the</strong> length of his stay in <strong>the</strong> detention center would<br />

be deducted from <strong>the</strong> number of years <strong>the</strong> court has ordered him<br />

to serve in jail. Not all detainees, however, are sent to jail. Some<br />

of <strong>the</strong>m are able to post bail while o<strong>the</strong>rs secure an out-of-court<br />

settlement with <strong>the</strong> complainant. In some instances, <strong>the</strong> prosecutors<br />

are not able to establish probable cause <strong>for</strong> lack of evidence<br />

<strong>and</strong> <strong>the</strong> case is dismissed.<br />

<strong>The</strong> second tier in <strong>the</strong> penal institution is <strong>the</strong> jail. <strong>The</strong>re are<br />

five kinds of jails based on territorial jurisdiction—municipal, city,<br />

district, provincial, <strong>and</strong> sub-provincial. All in all, <strong>the</strong>re is a total of<br />

1,344 jails in <strong>the</strong> country. Ideally, <strong>the</strong> Bureau of <strong>Jail</strong> Management<br />

<strong>and</strong> Penology (BJMP) has jurisdiction over <strong>the</strong> 1,003 municipal,<br />

135 district, <strong>and</strong> 83 city jails. Due to limitations in personnel <strong>and</strong><br />

budget, however, more than half of <strong>the</strong> municipal jails (747 of <strong>the</strong><br />

1,003) are still managed by <strong>the</strong> PNP.

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