Baseline Study on the Philippine Penal Conditions: Nurturing o Human Rights Based Approach to Penal Management
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Table 3. Current conditions of Penal Agencies24
Domains of Penal
Management
Detention centers
Prisons
Jails
Inmate Classification
No effective classification,
reception and orientation
Rudimentary classification by
gender and age. No effective
classification; reception and
orientation not fully developed
Classification based on sentence
length; inmates classification not
followed
Inmate housing
Crowded single cells; mingling
of inmates, no effective
segregation; tattooing of
inmates
Gang housing, use of kubol,
patakaran ng selda; tattooing
of inmates
Gang housing, use of kubol, patakaran
ng selda; tattooing of inmates
Inmate Programming
No inmate programming
Multiple, varied, open to all;
NGO and inmate initiated; not
enough space
Multiple, varied, open to all; NGO and
inmate initiated; not enough space
Documentation and
assessment
Length of stay not documented;
behavior of inmates not
documented
Rudimentary transmittal of
documents from detention
centers; participation in
programs not fully or properly
documented
Rudimentary transmittal of documents
from detention centers; programs in
jails not integrated with programs in
prisons; No synergy in the transfer of
documents to Board of Pardon and
Parole
IV. Human Ri2hts Based Approach (HRBA)
to Penal Mana2ement
HE CURRENT state of the Philippine penal system, as discussed in the previous sections,
needs immediate attention. The structural deficiencies have spawned practices that had been
pragmatically and morally accepted by most penal officers. This "old penology" has crept into all
facets of penal management and informally unified the disparate workings of the detention centers, jails,
and prisons. To overcome this systematic and systemic corruption, a holistic and integrated approach to
penal management must be introduced. It w ill take the commitment of all the penal agencies to have
a sustainable and lasting impact.
T
Reforms must be introduced in three different levels: structural , organizational, and cultural. Structural
reforms refer to improvements in facilities, personnel quantity and quality, and operational resources.
Organizational reforms refer to the adoption of the principles of effective penal management. Cultural
reforms refer to the introduction of cognitive scripts and narratives that are supportive of human rights
based approach to penal management.
These reform areas must be tackled simultaneously. Improving o rganizational capacity (for example,
training employees on how to run an Anger Management program), w ithout addressing the structural
deficiencies (example, without providing facilities for that program) will simply be unsustainable (inmates
and personnel will eventually lose interest) . Similarly, even if structural reforms had been introduced (for
example. provision of additional personnel, new facilities, and attendant operational resources) but the
old cultural ways of doing things are maintained (kubol and VIP system) , the structural improvements
will simply aggravate the problem (inmates partitioning the facilitie s).
These find ings a re based on Focus Group Discussions, fac ility visits, and other ethnograp hic studies conducted by t he author.
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