Accused

A person or persons formally charged but not yet tried for committing a crime.
Acquittal
A legal judgment, based on the decision of either a jury or a judge, that an accused is not guilty of the crime for which
he/she has been charged or tried.
Admissible evidence
Evidence that is relevant and proper for consideration in reaching a decision.
Affidavit
A written, sworn statement in which the writer swears that the information stated therein is true.
Appeal
A request by either the defense or the prosecution parties to a case that the results of a decision on certain motions
or of a completed trial be reviewed by a higher court for error.
Arraignment
Generally means an accused persons appearance in a court at which the court may inform him/her of the charges
against him/her, advise him/her of his/hers rights, appoint a lawyer for him/her, and/or hear his/her plea.
Bail
Money or property promised or given to the court as security when an accused person is released before and during
his/her trial with the agreement that the defendant will return to court when ordered to do so. Bail is forfeited if the
defendant fails to return to the court.
Bench
Where the judge sits during court proceedings; the term is often used for referring to the judge.
Bench trial
A trial in which the judge hears the case without a jury and decides whether the accused is guilty.
Bench warrant
A court order which directs that an accused person who has been released before trial and fails to return when
ordered to do so be brought to court.
Beyond a reasonable doubt
The degree of proof needed for a jury or judge to convict an accused person of a crime.
Case law
The law as formed by past court decisions, opinions, interpretations, or traditions.
Change of venue
Transfer of a pending case in one county or district to another county or district; often sought because of claimed
prejudicial publicity in the original county or district.
Charge
A formal accusation filed by the prosecutors office that a specific person has committed a specific crime, also
referred to as pressing charges.
Civil law
The law of private, not criminal, matters in which one party sues another for remedy of an alleged wrong.
Complainant
A formal written statement filed in court by any person, often a prosecutor or a victim, which accuses a specific
person of committing a specific crime.
Concurrent or consecutive sentences
Concurrent sentences are sentences for different offenses running together or served at the same time; consecutive
sentences are successive sentences served one after another.
Confidentiality
Requirement that certain facts about a proceeding or nature of a proceeding be withheld from public discussion or
scrutiny ostensibly to serve the interests of justice.
Continuance
A delay or postponement of a court hearing; the case is said to be continued when it has been delayed or
postponed.
Conviction
A judgment of the court, based either on the decision of a jury or a judge or on the guilty plea of the accused, that the
defendant is guilty of the crime for which he/she has been tried.
Corroborating witness
A person who is able to give information that supports the statements made by either the victim or the accused.
Count
Each separate offense listed in a complaint, information or indictment accusing a person of committing a crime.
Criminal
A person who has been convicted by a court of committing a crime.
Criminal justice system
The entire network of government agencies charged with law enforcement, prosecution, trial, and the punishment and
supervision of those arrested and/or convicted of having violated the criminal law.
Criminal law
The law whose violation is considered an offense against the state that is punishable upon conviction by
imprisonment, fine, or other penalties.
Cross examination
The questioning of a witness by an opposing party.
Defendant
A person who has been formally charged with committing a crime.
Defense Attorney
The lawyer who represents the defendant in a legal proceeding.
Detention
The act of holding a person in custody.
Dismissal
A decision by a judicial officer to end a case for legal or other reasons.
Disposition
The final judicial decision which ends a criminal proceeding by judgment of acquittal or dismissal or which sets the
sentence if the defendant is convicted.
Docket
The formal record maintained in brief of the court proceedings; trial docket sometimes refers to the list of cases to
be tried on any given day or in a given period of time.
Due process
All legal statements concerning procedural and substantive due process standards which must be applied in a
disciplinary hearing or trial, including those raised primarily as defenses.
Evidence
Testimony and objects used to prove or corroborate the statements made by the victim, the accused, or other
witnesses.
Eye witness
A person who sees a crime taking place.
Felony
A serious crime for which the punishment is imprisonment, usually for one year or more.
Grand jury hearing
A legal process in which citizens selected by law and sworn to investigate criminal activity and the conduct of public
officials and to hear the evidence against accused persons sit as a jury to decide if enough evidence exists to bring
an accused to trial; grand jury hearings are generally closed to the public and their proceedings are kept secret by
law. This hearing is held in lieu of a preliminary hearing.
Guilty
A verdict of a judge or jury that a person accused of committing a crime did commit it.
Guilty plea
A formal response by a person accused of committing a specific crime admitting that the charges are true.
Hearing
A legal proceeding in which arguments, witnesses, and/or evidence are heard by a judicial officer or an administrative
body.
Hung jury
A jury whose members cannot agree whether the accused is guilty or innocent.
Indictment
A formal written accusation, made by a grand jury and filed in court, alleging that a specific person has committed a
specific crime.
Information
A criminal complaint.
Innocent
Not guilty.
Investigation
The gathering of evidence by law enforcement officials and in some cases prosecutors, for presentation to a grand
jury or in court, to prove the facts of the case.
Jury
A group of citizens selected by law and sworn to determine certain facts by listening to testimony in order to decide
whether the accused is guilty or not.
Jury selection
The process by which the judge, the prosecutor, and the defense attorney screen citizens who have been called to
jury duty to determine if they will give a fair hearing in a particular trial.
Juvenile
A person accused of an offense who is too young at the time of the alleged offense to be subject to criminal court
proceedings and is handled in the juvenile justice system. The age limit for juveniles in most states is eighteen.
Misdemeanor
A crime that is less serious than a felony and for which the punishment can include imprisonment for up to one year,
usually in a jail or other local facility.
Mistrial
A trial which is invalid because of some fundamental error in procedure or other wrong doing.
Motion
A verbal or written request made by the prosecutor or the defense attorney before, during, or after a trial that the
court issues a rule or an order.
Negligence
The failure to do something which an ordinary, reasonable, and prudent person under like circumstances would do, or
the doing of something which an ordinary, reasonable and prudent person under like circumstances would not do.
Nolo contendre
A defendants formal answer in court to the charges in which the defendant states that he or she does not contest the
charges. The nolo contendre plea is not an admission of guilt but carries the same legal consequences as a guilty
plea.
Not guilty
A verdict by a judge or jury that a person accused of a crime did not commit it or that not enough evidence exists to
prove beyond a reasonable doubt that the accused committed the crime.
Not guilty plea
A formal response by a person accused of committing a specific crime in which he/she says that the charges are
untrue.
Notice
A written order to appear in court at a certain time and place.
Objection
A protest or argument made concerning the activity of the other party in court.
Parole
The conditional release of a convicted offender from a jail or prison before the end of his sentence based upon
requirements for the offenders behavior set and supervised by a parole agency.
Parole revocation hearing
Normally a two-step process. The first step consists of a preliminary hearing. At the hearing the parolee may present
letters, documents and individuals as evidence of his/her good behavior during the time of his/her release. If probable
cause is not found, the parolee is released. If probable cause is found, a final revocation hearing is held to evaluate
all the facts and to determine if parole should be revoked. Sometimes called probation revocation hearing.
Plea
A defendants formal answer in court to the charge that he/she committed a crime.
Plea bargain
An agreement between the prosecutor and the defense attorney that the defendant will plead guilty to a crime in
exchange for some concession from the state, usually a lesser charge, the dismissal of other pending charges, or a
recommendation by the prosecutor for a reduced sentence.
Preliminary hearing
A legal proceeding before a judicial officer in which arguments, witnesses, and/or evidence are presented to
determine if there is sufficient cause to hold the accused for trial. Sometimes called a probable cause hearing or a
pretrial hearing.
Pre-sentence report
A document which details the past behavior, family circumstances, and personality of a convicted adult offender and
gives information about the crime he or she committed. It is prepared by a probation agency or other authority in
order to assist the court in determining the most appropriate sentence.
Pre-trial conference
A meeting between the judge and all attorneys to establish the issues and guidelines of a trial, or to attempt to
conclude the matter before a trial.
Probable cause
The degree of proof needed to arrest and begin prosecution against a person suspected of committing a crime; the
evidence must be such that a reasonable person would believe that this specific crime was committed and that it is
probable that the person being accused committed it.
Probable cause hearing
See preliminary hearing.
Probation
Conditional freedom granted to an offender by the court after conviction or a guilty plea with requirements for the
offenders behavior set and supervised by the court.
Probation revocation hearing
See parole revocation hearing.
Prosecutor
An attorney for the community employed by a government agency to represent the interests of the general public,
including crime victims, in court proceedings against people accused of committing crimes. Some jurisdictions use
other terms for the prosecutor, such as U.S. Attorney (a federal prosecutor), district attorney, or states attorney.
Public defender
An attorney employed by a government agency to represent defendants who are unable to hire private counsel.
Statute
Any law passed by a local, state, or federal legislative body.
Stipulation
An agreement between the parties or their attorneys, generally relating to evidence at trial.
Subpoena
A court order requiring a witness to attend and give testimony; it may also order him or her to bring books or records
with them.
Summons
The document by which a defendant is notified to appear in court, and answer charges or claims against him/her.
Testimony
Evidence given by competent witness, under oath; as distinguished from evidence derived from writings and other
sources.
Tort
An injury or wrong committed, either with or without force, to the person or property of another.
Transcript
The official record of proceedings of a trial or hearing.
Trial
A proceeding, either civil or criminal, in court, where the law and evidence are reviewed, and the guilt, liability, or
other issues are determined by jury or judge.
Venue
The county in which a prosecution or an action is brought to trial.
Waiver
Voluntary surrender of a right, claim or privilege.
With prejudice
The term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to
final adjudication adverse to the plaintiff.
Without prejudice
A dismissal without prejudice allows a new suit to be brought on the same cause of action.
CRIME VICTIMS SERVICES - CRIMINAL JUSTICE SYSTEM - WHO'S WHO
Victim/Witness Advocate
Victims may sometimes feel powerless and intimidated by the criminal justice system. After having been victimized,
you may not have much energy left to deal with the systems that might appear to be overwhelming. The role of the
victim advocate is to inform victims of the various avenues open to them and educate them on how to appropriately
relate to criminal justice professionals. Care must be taken to not be offensive and thereby break down relationships
altogether.
Victim/Witness Advocates are professionals trained to provide victims and witnesses with support and guidance as
their case moves through the criminal justice system. Advocates may also provide emotional support, help you apply
for victim compensation if you are eligible and may be able to help you find other forms of assistance that you may
require as a result of being involved in a crime.
Victim/Witness Advocates are part of the county attorneys office in most counties in Arizona, and you should call this
office and speak to the advocate to determine what assistance is available in your case. There are also
Victim/Witness Advocates who are part of local police departments. If your case was investigated by the local police,
you can ask the police department whether there is an advocate, or you can call the County Attorneys Office and
speak to the advocate there to ask who will be your advocate.
In general, the Victim Advocate will be your best resource for information and guidance about criminal proceedings as
the case unfolds. You should meet with your advocate soon after you become the victim of a crime and inform the
advocate that you want to be certain that all your victims rights are observed. Be sure to cover the following with the
advocate.
The advocate knows how to reach you quickly and assure the advocate that you will cooperate in any way possible to assist
the prosecutor in the case.
Ask how to obtain copies of all important records, i.e. police and investigative reports in the case to review them carefully for
completeness and accuracy. Immediately inform both the advocate and the prosecutor if you find any problems.
Discuss your opportunity to be heard by the court at the initial appearance of the accused and at any time the court
considers post-arrest release.
Discuss when and how you will confer with the prosecutor during the case and be sure to ask about making a victim impact
statement that will be considered by the court at sentencing.
Prosecutors
In making initial contact with the prosecuting attorney, the victim should communicate desire to be helpful as an
enabler to the attorney. The initial contact may be made by letter, but should always be closely followed up by a
personal call requesting an in-person interview. Victims do have the right to personally discuss their own case with
the prosecuting attorney who will be representing the state.
Probation
The probation office, in the case of an adult defendant, or the juvenile department, in the case of a juvenile
defendant, will be making a recommendation to the court regarding the disposition of the defendant once he/she has
been found guilty. Therefore, it is absolutely vital that this person know the victims feelings about the case and
his/her wishes regarding the disposition. Also included are more objective itemizations such as unreimbursed medical
and funeral bills, loss of wages and support, etc. A letter should first be sent to the probation department followed by
a telephone request for a personal interview.
Judges
Judges are to remain bias-free until a case is adjudicated. Therefore, under no circumstances should a judge be
written to, telephoned, or visited prior to or during the trial. Failure to obey this rule may be grounds for a mistrial or
dismissal of the case. However, after the case has been adjudicated, and prior to sentencing, victim impact
statements and other letters from friends, community members, relatives, etc. may be made available to the judge to
assist him/her in making a decision about the case as well as a decision which represents the community at large. All
of these materials, however, are to be sent to the probation officer, who will determine the most appropriate way to
forward the comments to the judge. Personal contact with the judge should never be made until the case is disposed
of.
Defense Attorney
The defense attorney may phone, write, or even appear at the door of the victim. Victims have the right to refuse to
discuss the case with the defense attorney. However, if they choose to talk to the defense attorney, it is wise to
postpone the discussion until the prosecuting attorney can be present. Victims must be aware that the defense
attorney will try to use anything said to enhance the case of his/her defendant in the legal proceedings.
CRIME VICTIMS SERVICES - CRIMINAL JUSTICE SYSTEM - WHAT TO EXPECT
THE CRIME
If your crime is a violent crime, call 911 for police and medical responses.
INITIAL INVESTIGATION
The initial investigation of a crime is usually conducted by a law enforcement officer who travels to the scene. The
officer will interview the victims and any witnesses when he/she arrives and will begin an initial report listing the
circumstances of the crime. In addition, the officer may take photographs during an inspection of the scene. In certain
major felony cases, a deputy county attorney and a county attorneys investigator may be present at the scene to
assist the police in the investigation.
FOLLOW-UP INVESTIGATION
The officers either perform the follow-up investigation themselves or refer the case to a specialized detective.
Investigators may contact witnesses for a formal written statement, may obtain further physical evidence, and may
request further descriptions.
FORMAL CHARGING PROCEDURE
When the investigating officers believe that they have identified a suspect in a criminal case, he presents his
evidence to a prosecutor for review. Usually, the detective makes an oral presentation of the case while the
prosecutor reviews the written reports. The prosecutor may request that the detective furnish additional investigative
work to complete the case. If the prosecutor believes that the report provides sufficient evidence to indicate that the
alleged offender has committed a crime, and if, in his/her judgment, that the case has a reasonable probability of
success at a trial, he will file a criminal complaint. Sometimes the prosecutor determines that there is insufficient legal
evidence to justify filing a criminal complaint. If filed, the criminal complaint is then presented to a judge, who will
either issue a warrant authorizing the arrest of the suspect or a summons requiring the suspect to appear in court on
a specific day.
ARREST
When a defendant is arrested either near the scene of the crime or as a result of an arrest warrant, he or she is taken
to jail. Within twenty-four (24) hours after arrest, the defendant must be taken before a judge or commissioner for an
initial appearance. Many defendants are released at this time on their own recognizance (OR), a personal promise to
return to court when required to do so. When released on his own recognizance, the defendant is not required to post
money bail or a bail bond because it is believed that he has sufficient community ties to assure his/her appearance.
Defendants with serious records, those who have committed dangerous felonies, or those who have a history of not
returning to court as required, are either held in jail or released after posting a cash bond.
The amount of the bond set by the judge or commissioner depends on the crime for which the person has been
arrested. Most defendants are released after the initial appearance, but their travel is limited. Contact between the
defendant and victims or witnesses is also restricted. Any harassment should be reported to the police, the
prosecutor, or the Victim-Witness Program as soon as possible. Remember that if the harassment is not reported, it
probably will not stop.
PRELIMINARY HEARING/GRAND JURY (for felony arrests)
After the defendant is arrested, a hearing is scheduled to determine whether or not there is sufficient evidence
(probable cause) to warrant a trial. Probable cause is determined either by a justice of the peace at a preliminary
hearing or by a grand jury. A grand jury is made up of a group of citizens (usually 12-16 people), selected at random
from a list of registered voters. In both proceedings, the victims or witnesses may be called to testify. Sometimes
charges against the defendant are dismissed because either the justice of the peace of the grand jury determine that
there is insufficient evidence to warrant a trial.
If the charges are not dismissed (if probable cause is present), the case is forwarded to superior court for further
proceedings. This is accomplished by an Indictment issued as a result of the grand jury hearing or on Information that
is filed by the prosecutor after the preliminary hearing.
ARRAIGNMENT
The first appearance of the defendant in superior court is called an arraignment. Witnesses are not required to
appear. The arraignment serves several purposes. First, the defendant is informed for the first time of the exact
nature of the charges against him/her. The defendant is also advised that he/she should have an attorney, and that if
he/she cannot afford an attorney, one will be provided at public expense. At this time, the defendant is asked to enter
a plea to the charges against him. Normally a plea of not guilty is entered and a trial date is set. Defendants are
entitled to a speedy trial and if the defendant remains in custody, a trial date must be set within sixty (60) days of the
arraignment.
Defendants released from custody on bail or personal recognizance must receive a trial date within ninety (90) days
of arraignment. This does not mean that the trial will begin within 90 days. Please be aware that there are usually
delays in the case. These delays are called continuances. They can be caused by either side and sometimes seem
endless. You will find it difficult at times, particularly because you will want to get on with your life. Also understand
that these delays are perfectly normal and we have all had to get used to them. If the defendant enters a plea of
guilty at arraignment, a sentencing date is set.
PRETRIAL ACTIONS
After the arraignment, the prosecutor gives the defense attorney copies of the states case file which includes witness
statements and police reports. Witnesses may be contacted by representatives of either the state or the defense for
an interview before the trial. Victims DO NOT have to submit to pre-trial interviews by the defense.
VICTIM/WITNESS RIGHTS
As a victim or witness, you have rights. You should request identification from anyone approaching you about the
case, and you should insist that they identify themselves as representing either the prosecution or the defense.
Remember, if you are a victim, you do not have to submit to pretrial interviews by the defense. If you do agree to do
an interview, you may determine the conditions of any interview including, but not limited to: the time and place of the
interview, who is present, when to end the interview, and whether or not you wish someone from the prosecutors
office present during the interview with the defense. Naturally, the prosecutors office would like to be there to see that
your rights are respected.
PLEA AGREEMENTS
Before the trial, it is also routine for the attorney prosecuting the case to discuss the possibility of a negotiated case
settlement with the defense attorney. They must confer with you prior to any disposition of the case. The defense
attorney may seek a dismissal of certain charges, a commitment from the prosecutor not to file any other charges, an
agreement enabling the defendant to plead guilty to some of the original charges or to some lesser charges or an
agreement to recommend a particular sentence. If an agreement is reached, the attorneys and the defendant appear
before a judge. The defendant enters a plea of guilty as agreed, and signs a form declaring that he or she is
knowingly giving up various rights, including his or her right to a trial and his or her right to cross examine witnesses.
TRIAL
If no negotiated case settlement is reached, the case must go to trial. All parties to the case including the prosecution
witnesses and defense witnesses will be subpoenaed (summoned) in advance to testify before a judge, or judge and
jury. Witnesses may be excluded from the court room except when they are testifying. This is done to insure that no
witness is influenced by the testimony of another witness. Once testimony is complete however, you should be
allowed to sit in. If this is not going to be the case, you have every right to question the reason for your exclusion.
This does not apply to Victim/Witnesses. Victims are allowed in the courtroom during the entire trial.
SOME THINGS YOU NEED TO REMEMBER THROUGHOUT THE TRIAL
Be quiet in and around the court room. Avoid talking about the case in the presence of the jury, the defendant, or
anywhere in the courthouse where you may be observed. Avoid emotional outbursts in the courtroom, no matter how
difficult it will be to control yourself. If you feel the need to cry or to express your anger, it is best to leave the
courtroom and find a solitary place to do so, and take a friend with you. The presence of family and friends in the
court room is a subtle way of conveying to the judge and jury that the victim is a real person and is loved by many.
THE JURY SELECTION
This is the first phase of the jury trial. It can take half a day or it can take several days. Both attorneys, the
prosecution and the defense attorney, will have the chance to question prospective jurors and decide if they want
them to sit in on this case. Once the jury is selected and sworn, the prosecution presents the case against the
defendant. It is the responsibility of the state to prove beyond a reasonable doubt that a crime was committed and the
defendant was guilty of committing that crime. To meet this burden of proof the prosecution presents evidence and
calls witnesses to testify. Witnesses are required to testify under oath and may be cross-examined by the defense
attorney.
After the prosecution presents the case against the defendant, the defense has an opportunity to present its
testimony. The defendant may or may not, on advice of counsel, testify. As in the case with the prosecution
witnesses, defense witnesses are subject to cross examination by the prosecutor.
Following the defenses case, rebuttal witnesses may be called by the prosecution to discredit statements and facts
presented by the defense. At the end of a trial, attorneys for the prosecution and the defense make their final
arguments to the jury. The judge then instructs the jury in matters of law as applied to this case and about the duty of
the jury. The prosecution must prove its case beyond a reasonable doubt. Since a unanimous verdict is required by
law, a jury that is unable to reach agreement on a verdict is declared hung by the judge. The state may then request
that the case be retried. If the jury returns a verdict of not guilty, it means that the state has failed to prove its case
beyond a reasonable doubt and the defendant is released.
SENTENCING
If the defendant pleads guilty, or if the defendant is found guilty, the judge may schedule a sentencing hearing. This
will generally be held within fifteen to thirty days. In the meantime, the court will request a pre-sentence report on the
defendant from the probation department.
This report discusses the defendants life and any other crimes he may have committed, and will contain a
recommendation for a specific sentence. The probation officer will contact the victim(s) and major witnesses as part
of his investigation. Furthermore, the victim may submit a statement to the judge through the probation officer. This
statement may contain a request for restitution (repayment of monetary losses suffered by the victim). In some
situations, testimony especially relevant to the sentence may be heard at a special hearing, when either the
prosecutor or the defense attorney have strong feelings about the situation.
Some victims have chosen to organize petition drives asking for a speedy and just sentence in the criminal case in
which they are involved. These petitions are presented to the probation officer who is handling the case prior to
sentencing. If the defendant is sentenced to jail or prison, he may not have to pay restitution. If the defendant is
placed on probation, the judge may order him or her to pay for out-of-pocket losses suffered by the victim. Restitution
payments are paid to the Clerk of the Court who sends the payments to the victims.
PROBATION AND PAROLE (Community Supervision)
If the defendant is placed on probation, he or she will be under many restrictions of conduct and travel. Any
inappropriate action by a defendant placed on probation, including unauthorized contact with victims and witnesses to
his crime, should be reported to the probation office. If the defendant is sent to the Arizona State Prison, he may
become eligible for parole (community supervision) after serving approximately 85% of his maximum sentence, or the
minimum sentence he received, whichever is shorter. If he is released on parole, the Arizona Department of
Corrections, Parole Division is responsible for supervising her/him, and they should be contacted if any problems
occur.
APPEALS
Everyone in the criminal justice system works very hard to make sure that each case is handled fairly and correctly.
When the time of sentencing comes, the judge weighs all of the information available, and then hands down a
sentence within the guidelines of the law that he/she thinks is fair punishment for the defendants crime. In spite of all
these efforts, it is possible for error, accidental oversights, and other problems to occur. If a defendant thinks that
these factors have caused wrongful punishment or conviction, he/she can file an appeal. It is very important to
remember that just because someone files an appeal, not every appeal is successful.
When a case is presented to the Arizona Court of Appeals or the Arizona Supreme Court, it is argued by the lawyers
who represent the defendants side and the States side. The lawyer from the states side works for the Arizona
Attorney Generals Office; not the county attorneys office.
Victims are never required to testify before the Court of Appeals or the Arizona Supreme Court. Despite the fact that
there is no role for victims to play in the appeal process, victims now have the right to know when an appeal is filed
and the disposition of the case. To provide this information, the Arizona Attorney Generals Office has established a
Victim Witness Assistance Program. They will also be able to help you if you wish to be present should your case be
argued to the Arizona Court of Appeals or the Arizona Supreme Court. If you want to know if your case has been
appealed, and the disposition of the appeal, you can reach the Attorney Generals Office Victim Witness Assistance
Program or you can contact your prosecutors victim witness advocate for further information.
* Specific legal problems or questions relating to your testimony should be directed to the prosecuting attorney
assigned to your case.
REPUBLIC ACT No. 10575
AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known as "The Bureau of Corrections Act of 2013.
Section 2. Declaration of Policy. It is the policy of the State to promote the general welfare and safeguard the basic
rights of every prisoner incarcerated in our national penitentiary. It also recognizes the responsibility of the State to
strengthen government capability aimed towards the institutionalization of highly efficient and competent correctional
services.
Towards this end, the State shall provide for the modernization, professionalization and restructuring of the Bureau of
Corrections (BuCor) by upgrading its facilities, increasing the number of its personnel, upgrading the level of
qualifications of their personnel and standardizing their base pay, retirement and other benefits, making it at par with
that of the Bureau of Jail Management and Penology (BJMP).
Section 3. Definition of Terms.
(a) Safekeeping, which is the custodial component of the BuCors present corrections system, shall refer to
the act that ensures the public (including families of inmates and their victims) that national inmates are
provided with their basic needs, completely incapacitated from further committing criminal acts, and have
been totally cut off from their criminal networks (or contacts in the free society) while serving sentence inside
the premises of the national penitentiary. This act also includes protection against illegal organized armed
groups which have the capacity of launching an attack on any prison camp of the national penitentiary to
rescue their convicted comrade or to forcibly amass firearms issued to prison guards.
(b) Reformation, which is the rehabilitation component of the BuCors present corrections system, shall refer
to the acts which ensure the public (including families of inmates and their victims) that released national
inmates are no longer harmful to the community by becoming reformed individuals prepared to live a normal
and productive life upon reintegration to the mainstream society.
Section 4. The Mandates of the Bureau of Corrections. The BuCor shall be in charge of safekeeping and instituting
reformation programs to national inmates sentenced to more than three (3) years.
(a) Safekeeping of National Inmates The safekeeping of inmates shall include decent provision of
quarters, food, water and clothing in compliance with established United Nations standards. The security of
the inmates shall be undertaken by the Custodial Force consisting of Corrections Officers with a ranking
system and salary grades similar to its counterpart in the BJMP.
(b) Reformation of National Inmates The reformation programs, which will be instituted by the BuCor for
the inmates, shall be the following:
(1) Moral and Spiritual Program;
(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.
(c) The reformation programs shall be undertaken by Professional Reformation Personnel consisting of
Corrections Technical Officers with ranking system and salary grades similar to Corrections Officers.
(1) Corrections Technical Officers are personnel employed in the implementation of reformation
programs and those personnel whose nature of work requires proximate or direct contact with
inmates.
(2) Corrections Technical Officers include priests, evangelists, pastors, teachers, instructors,
professors, vocational placement officers, librarians, guidance counselors, physicians, nurses,
medical technologists, pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists,
social workers, engineers, electricians, agriculturists, veterinarians, lawyers and similar
professional skills relevant to the implementation of inmate reformation programs.
Section 5. Operations of the Bureau of Corrections. (a) The BuCor shall operate with a directorial structure. It shall
undertake reception of inmates through its Directorate for Reception and Diagnostics (DRD), formerly Reception and
Diagnostic Center (RDC), provide basic needs and security through its Security and Operations Directorates,
administer reformation programs through its Reformation Directorates, and prepare inmates for reintegration to
mainstream society through its Directorate for External Relations (DER), formerly External Relations Division (ERD).
(b) The DRD shall be responsible for the conduct of classification of each and every inmate admitted to the BuCor.
Inmates shall be classified according to security risk and sentence. Included in the classification is determining
inmates certain skills or talents, physical, spiritual, social, mental and psychological evaluation and other behavioral
assessments, as reference of the DRD in the preparation of individual inmate reformation programs.
(c) Aside from those borne of the provisions under Rule 8, Part I, Rules of General Application of the United Nations
Standard Minimum Rules for the Treatment of Prisoners and that of the existing regulation of the BuCor on security
classification (i.e. maximum, medium and minimum security risk), inmates shall also be internally classified by the
DRD and segregated according to crimes committed based on the related penal codes such as Crimes Against
Persons, Crimes Against Properties, Crimes Against Chastity, so on and so forth, as well as by other related Special
Laws, Custom and Immigration Laws.
(d) From the DRD, the Custodial Force and Reformation Personnel of respective security institutions/camps shall be
in charge for the security and the implementation of the recommended inmate reformation program of each and every
inmate while serving sentence, respectively.
(e) The Directorate for External Relations (DER) shall be responsible for pre-release and post-release programs of
inmates due for release. The DER shall also classify inmates according to skills acquired for referral and
endorsement to appropriate companies or corporations participating in the BuCor On-The-Job Training Programs for
newly reformed inmates. The DER shall also evaluate, classify and apply necessary programs to inmates for
readiness to join the mainstream society upon release.
(f) Apart from handling inmates, the BuCor shall administratively operate like a standard government agency through
its Administrative Directorates with internal control and internal audit units.
(g) The BuCor shall employ full computerization in the build-up, maintenance and transmittal of necessary inmate
records to all its Prison and Penal Farms and other recipient agencies (i.e. Board of Pardons and Parole).
Section 6. Lands of the Bureau of Corrections. (a) Aside from administrative purposes, all BuCor lands shall be
used for inmate security, reformation programs and as a means to promote sustainability, both for income and non-
income generating programs, with or without partnership among nongovernment organizations, civic organizations or
other government entities.
(b) As a way to maximize its assets value for the effective and extensive reformation (corrections) programs for
national inmates, the BuCor shall have the absolute authority to design, formulate and implement land-use
development plans and policies.
(c) The BuCor may propose additional penal farms as may be necessary as possible, aside from its existing seven
(7) prison and penal farms to decongest existing penal institutions and accommodate the increasing number of
inmates committed to the agency.
(d) All BuCor lands shall have a Certificate of Title registered under its name.
Section 7. Facilities of the Bureau of Corrections. The BuCor shall operate with standard and uniform design of
prison facilities, reformation facilities and administrative facilities, through all the operating prison and penal farms,
such as the following:
(a) Dormitory;
(b) Administration building;
(c) Perimeter/Security fences;
(d) Hospital/Infirmary;
(e) Recreation/Multipurpose hall;
(f) Training/Lecture center;
(g) Workshop facility;
(h) Mess hall/kitchen;
(i) Visiting area;
(j) Water tank and pump;
(k) Reception and diagnostic center; and
(l) Service personnel facilities.
Section 8. Supervision of the Bureau of Corrections. The Department of Justice (DOJ), having the BuCor as a line
bureau and a constituent unit, shall maintain a relationship of administrative supervision with the latter as defined
under Section 38(2), Chapter 7, Book IV of Executive Order No. 292 (Administrative Code of 1987), except that the
DOJ shall retain authority over the power to review, reverse, revise or modify the decisions of the BuCor in the
exercise of its regulatory or quasi-judicial functions.
Section 9. Organization and Key Positions of the Bureau of Corrections. (a) The BuCor shall be headed by a
Director who shall be assisted by three (3) Deputy Directors: one (1) for administration, one (1) for security and
operations and one (1) for reformation, all of whom shall be appointed by the President upon the recommendation of
the Secretary of the DOJ: Provided, That the Director and the Deputy Directors of the BuCor shall serve a tour of duty
not to exceed six (6) years from the date of appointment: Provided, further, That in times of war or other national
emergency declared by Congress, the President may extend such tour of duty.
(b) The Head of the BuCor, with the rank of Undersecretary, shall have the position and title of Director General of
Corrections. The second officers in command of the BuCor, with the rank of Assistant Secretary, shall have the
position and title of Deputy Directors of Corrections. The third officer in command of the BuCor, with the rank of Chief
Superintendent, shall have the position and title of Corrections Chief Superintendent. The fourth officer in command
of the BuCor, with the rank of Senior Superintendent, shall have the position and title of Corrections Senior
Superintendent. The fifth officer in command of the BuCor, with the rank of Superintendent, shall have the position
and title of Corrections Superintendent.
(c) The Department of Budget and Management (DBM) shall rationalize the existing organizational structure and
staffing pattern of the BuCor in accordance with the provisions of this Act and relevant compensation and position
classification laws, rules and regulations.
Section 10. Increase of Personnel. The BuCor shall maintain the custodial personnel-to-inmate ratio of 1:7 and
reformation personnel-to-inmate ratio of 1:24. Hence, it is authorized to increase its manpower to meet such ratio and
may continue to increase personnel per percentage rate increase of committed inmates annually or as the need
arises.
Section 11. Professionalization and Upgrading of Qualification Standards in the Appointment of the BuCor
Personnel. (a) No person shall be appointed as personnel of the BuCor unless one possesses the following
minimum qualifications:
(1) A citizen of the Republic of the Philippines;
(2) A person of good moral character;
(3) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining
his/her physical and mental health;
(4) Must possess a baccalaureate degree from a recognized learning institution;
(5) Must possess the appropriate civil service eligibility;
(6) Must not have been dishonorably discharged or dismissed for cause from previous employment;
(7) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; and
(8) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and
fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age requirement/s may
be granted to applicants belonging to the cultural communities: Provided, further, That a new applicant must
not be less than twenty-one (21) or more than forty (40) years of age. Except for this particular provision, the
above-enumerated qualifications shall be continuing in character and an absence of any one of them at any
given time shall be ground for separation or retirement from the service: Provided, furthermore, That those
who are already in the service upon the effectivity of this Act shall be given five (5) years from the date of
such effectivity to obtain the minimum educational qualification and eligibility with subsidiary assistance as
provided for in this Act.
(b) After the lapse of the period for the satisfaction of a specific requirement, incumbent personnel of the BuCor who
fail to satisfy any of the requirements enumerated under this section shall be separated from the service if they are
below fifty (50) years of age and have served in the government for less than twenty (20) years, or retired if they are
fifty (50) years and above and have served in the government for at least twenty (20) years without prejudice in either
case to the payment of benefits they may be entitled to under existing laws.
(c) For sustained professionalism in the service, the BuCor is directed to conduct study for the feasible establishment
of the Philippine Corrections Academy, patterned after the Philippine National Police Academy (PNPA) of the
Philippine National Police (PNP) and the Philippine Military Academy (PMA) of the Armed Forces of Philippines (AFP)
for its commissioned officers.
(d) The BuCor shall continue training its personnel through its Personnel Training School, which shall be renamed as
Corrections Training School/Institute patterned after the BJMPs Jail National Training Institute (JNTI), the Bureau of
Fires Fire National Training Institute (FNTI) and the PNPs National Training Institute (PNTI).
Section 12. Appointment of Personnel to the BuCor. The appointment of the BuCor shall be effected in the
following manner:
(a) Corrections Officer I to Corrections Chief Superintendent Appointed by the Director General of
Corrections, and attested by the Civil Service Commission (CSC); and
(b) Director General of Corrections and Deputy Director of Corrections Appointed by the President upon
the recommendation of the Secretary of the DOJ, with the proper endorsement by the Chairman of the CSC.
Section 13. Lateral Entry of Officer into the BuCor. In general, all original appointments of officers in the BuCor
shall commence with the rank of Corrections Inspector wherein applicants for lateral entry into the BuCor shall
include all those with highly specialized and technical qualifications such as, but not limited to, civil engineers,
mechanical engineers, electrical engineers, chemical engineers, chemists, architects, criminologists, certified public
accountants, nurses, physical therapists, dentists, social workers, psychologists, sociologists, guidance counselors
and teachers. Doctors of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of
Corrections Senior Inspector in their particular technical service.
Section 14. Professionalization and Upgrading of Qualification Standards in the Designation of Personnel of the
BuCor to Key Positions.
(a) No person shall be designated to the following key positions of the BuCor unless one has met the
qualifications provided therein:
(1) Sub-Colony Supervisor Should have the rank of Senior Inspector, who must have finished at
least-second year Bachelor of Laws or earned at least twelve (12) units in a masters degree
program in management, public administration, public safety, criminology, penology, sociology,
national security administration, defense studies or other related disciplines from a recognized
institution of learning, and must have satisfactorily passed the necessary training or career courses
for such position as may be established by the BuCor;
(2) Colony Assistant Superintendent Should have the rank of Chief Inspector, who must have
finished at least second year Bachelor of Laws or earned at least twenty-four (24) units in a
masters degree program in management, public administration, public safety, criminology,
penology, sociology, national security administration, defense studies or other related disciplines
from a recognized institution of learning, and must have satisfactorily passed the necessary training
or career courses for such position as may be established by the BuCor;
(3) Colony Superintendent Should have the rank of Superintendent, who must be a graduate of
Bachelor of Laws or a holder of a masters degree in management, public administration, public
safety, criminology, penology, sociology, national security administration, defense studies or other
related disciplines from a recognized institution of learning, and must have satisfactorily passed the
necessary training or career courses for such position as may be established by the
BuCor: Provided,That in prison and penal farms with an inmate population of two thousand (2,000)
but below three thousand (3,000), the Colony Superintendent shall have the rank and qualification
of a Colony Senior Superintendent; and
(4) Regional Superintendent Should have the rank of Senior Superintendent or Chief
Superintendent, who must be a graduate of Bachelor of Laws or a holder of a masters degree in
management, public administration, public safety, criminology, penology, sociology, national
security administration, defense studies or other related disciplines from a recognized institution of
learning, and must have satisfactorily passed the necessary training or career courses for such
position as may be established by the BuCor: Provided, That in prison and penal farms with an
inmate population of three thousand (3,000) but below five thousand (5,000), the Regional
Superintendent shall have the rank and qualification of a Colony Senior Superintendent: Provided,
further, That in prison and penal farms with an inmate population of over five thousand (5,000), the
Regional Superintendent shall have the rank and qualification of a Chief Superintendent.
Any personnel of the BuCor who is currently occupying such position but lacks any of the
qualifications mentioned therein shall be given five (5) years to comply with the requirements;
otherwise, the personnel shall be relieved from the position.
Section 15. Professionalization and Qualifications Upgrading Program. The DOJ shall design and establish a
professionalization and qualifications upgrading program for personnel of the BuCor, in coordination with the CSC
and the Commission on Higher Education (CHED), through an off-campus education program or other similar
programs within ninety (90) days from the effectivity of this Act.
Section 16. Attrition System for the Personnel of the BuCor. There shall be established a system of attrition for the
personnel of the BuCor within five (5) years from the effectivity of this Act, to be submitted by the said bureau to the
DOJ for approval. Such attrition system shall include, but is not limited to, the provision of the following principles:
(a) Attrition by Demotion in Position or Rank Any personnel of the BuCor who is relieved and assigned to a
position lower than what is established for the grade in the respective staffing pattern, and who shall not be
assigned to a position commensurate to ones grade within two (2) years after such demotion in position
shall be separated or retired from the service;
(b) Attrition by Non-Promotion Any personnel of the BuCor who has not been promoted for a continuous
period often (10) years shall be separated or retired from the service, except for those who are occupying a
third level position;
(c) Attrition by Other Means Any personnel of the BuCor with at least five (5) years of accumulated active
service shall be separated from the service based on any of the following factors:
(1) Inefficiency based on poor performance during the last two (2) successive semestral rating
periods;
(2) Inefficiency based on poor performance for three (3) cumulative semestral rating periods;
(3) Physical and/or mental incapacity to perform ones duties and functions; or
(4) Failure to complete the required career courses and/or appropriate civil service eligibility for
his/her position except for justifiable cause or reason; and
(d) Separation or Retirement from the BuCor under this Section Any personnel who is dismissed from the
BuCor pursuant to the above-enumerated principles in this section shall be separated if one has rendered
less than twenty (20) years of service, and be retired if one has rendered at least twenty (20) years of
service unless the concerned personnel is disqualified by law to receive such benefits.
Section 17. Promotion System for the Personnel of the BuCor. Within six (6) months after the effectivity of this Act,
the BuCor shall establish a system of promotion for the personnel of the BuCor through the following principles:
(a) Rationalized Promotion System The system of promotion shall be based on merit and on the
availability of vacant ranks in the BuCor staffing pattern. Such system shall be gender-fair so as to ensure
that women personnel of the BuCor shall enjoy equal opportunity for promotion as to men;
(b) Requirements for Promotion
(1) Any personnel of the BuCor shall not be eligible for promotion to a higher rank unless one has
met the minimum qualification standards or the appropriate civil service eligibility set by the CSC,
and has satisfactorily passed the required psychiatric/psychological, drug and physical test; and
(2) Any personnel of the BuCor who has exhibited acts of conspicuous courage and gallantry at the
risk of ones life above and beyond the call of duty, or selected as such in a nationwide search
conducted by any accredited civic organization, shall be promoted to the next higher
rank: Provided,That these shall be validated by the DOJ and the CSC based on established
criteria.
Section 18. Performance Evaluation System. (a) There shall be established a performance evaluation system
which shall be administered in accordance with the rules, regulations and standards, and a code of conduct for the
personnel of the BuCor to be promulgated by the BuCor through the DOJ. Such performance evaluation system shall
be administered in such a way as to foster the improvement of the individual efficiency and behavioral discipline, as
well as the promotion of organizational effectiveness and commitment to public service.
(b) The rating system as contemplated herein shall be based on standards prescribed by the BuCor through the DOJ
and shall be considered the result of the annual psychiatric/psychological and physical test conducted on the
personnel of the BuCor.
Section 19. Standardization of the Base Pay and Other Benefits of the Uniformed Personnel of the BuCor. In order
to enhance the general welfare, commitment to service and professionalism, the following are considered uniformed
personnel of the BuCor:
CUSTODIAL RANK REFORMATION RANK
Corrections Chief Superintendent
Corrections Senior Superintendent Corrections Technical Senior Superintendent
Corrections Superintendent Corrections Technical Superintendent
Corrections Chief Inspector Corrections Technical Chief Inspector
Corrections Senior Inspector Corrections Technical Senior Inspector
Corrections Inspector Corrections Technical Inspector
Corrections Senior Officer IV Corrections Technical Senior Officer IV
Corrections Senior Officer III Corrections Technical Senior Officer III
Corrections Senior Officer II Corrections Technical Senior Officer II
Corrections Senior Officer I Corrections Technical Senior Officer I
Corrections Officer III Corrections Technical Officer III
Corrections Officer II Corrections Technical Officer II
Corrections Officer I Corrections Technical Officer I
The DBM shall determine the equivalent rank of the uniformed personnel of the BuCor patterned after the existing
ranks of the military and uniformed personnel of other departments.
The base pay, allowances and other benefits of the abovementioned personnel shall be in accordance with the
existing compensation and position classification laws and regulations.
Section 20. Retirement Benefits. Upon compulsory retirement, any custodial officer from the rank of Corrections
Chief Superintendent and below shall be entitled to retirement benefits computed on the basis of one grade higher
than the position last held: Provided, That the retirement pay shall be subject to adjustment/s based on the prevailing
scale of base pay of the uniformed personnel in the active service.
Section 21. Funding Source. The funds required for the implementation of this Act including personnel benefits
shall be taken from the budget of the BuCor for the current fiscal year and also from the following:
(a) Collections from clearances and certification fees;
(b) Income from institutional projects subject to memoranda of agreements (MOAs), contracts or joint
venture agreements; and
(c) Other miscellaneous incomes (outside MOAs and contracts), such as:
(1) Penal farm agro-production; and
(2) Inmate handicraft industry.
Thereafter, such amounts as may be necessary to implement this Act shall be included in the annual
General Appropriations Act.
Section 22. Implementation. The implementation of this Act shall be undertaken in staggered phases, but not to
exceed five (5) years, taking into consideration the financial position of the national government: Provided, That any
partial implementation shall be uniform and proportionate for all ranks.
Section 23. Implementing Rules and Regulations. The DOJ, in coordination with the BuCor, the CSC, the DBM and
the Department of Finance (DOF), shall, within ninety (90) days from the effectivity of this Act, promulgate the rules
and regulations necessary to implement the provisions of this Act.
Section 24. Transitory Provisions. (a) The incumbent Director and two (2) incumbent Assistant Directors shall
serve under the terms for which they have been appointed without need of new appointments upon the enactment of
this Act.
(b) All incumbent personnel who, upon the effectivity of this Act, shall opt to early or optionally retire from the service
will be entitled to the retirement benefits computed as follows:
<>Age Age Basis for Computing Benefits
57 62
<>58 63
59 64
60 65
(c) All incumbent personnel, upon the effectivity of this Act, may continue to render services until one reaches the
compulsory age of retirement for public officers of sixty-five (65). Those who shall be newly hired will have a
compulsory age retirement of fifty-six (56) years pursuant to the prevailing provisions on retirement age of those who
are in the uniformed services.
Section 25. Annual Report. The BuCor, through the DOJ and the DBM, shall jointly submit to the President of the
Senate and the Speaker of the House of Representatives an annual report on the implementation of this Act. This
report shall include information on the application of the budget for the salary and other benefits provided under this
Act. The DBM, in consultation with the BuCor through the DOJ, shall periodically review and adjust every five (5)
years the rates of base pay, taking into consideration labor productivity, consumer price index, oil price and other
similar economic indicators as may be determined by the National Economic and Development Authority (NEDA).
Section 26. Separability Clause. If any portion or provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions not affected thereby.1wphi1
Section 27. Repealing Clause. All laws, decrees, orders, rules and regulations and other issuances, or parts
thereof, which are inconsistent with the provisions of this Act are hereby deemed repealed, amended or modified
accordingly.
Section 28. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete publication in theOfficial
Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.