Mandates and reformation programs
- Section 4 makes the BuCor responsible for safekeeping and instituting reformation programs for national inmates sentenced to more than three (3) years.
- Section 4(a) requires safekeeping to include decent provision of quarters, food, water, and clothing in compliance with established United Nations standards.
- Section 4(a) requires inmate security to be undertaken by the Custodial Force consisting of Corrections Officers with a ranking system and salary grades similar to BJMP.
- Section 4(b) enumerates reformation programs the BuCor must institute:
- (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;
- (6) Behavior Modification Program, including Therapeutic Community.
- Section 4(c) requires reformation programs to be undertaken by Professional Reformation Personnel consisting of Corrections Technical Officers with a ranking system and salary grades similar to Corrections Officers.
- Section 4(c)(1)-(2) defines Corrections Technical Officers as personnel implementing reformation programs and whose work requires proximate or direct contact with inmates, and includes 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 implementing inmate reformation programs.
Bureau operations and structures
- Section 5(a) requires the BuCor to operate with a directorial structure and to:
- receive 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 through its Directorate for External Relations (DER), formerly External Relations Division (ERD).
- Section 5(b) requires the DRD to conduct classification of each and every inmate admitted, classifying according to security risk and sentence and including determination of skills/talents plus physical, spiritual, social, mental, and psychological evaluation and other behavioral assessments to guide the preparation of individual inmate reformation programs.
- Section 5(c) requires that aside from references to Rule 8, Part I, Rules of General Application of the United Nations Standard Minimum Rules for the Treatment of Prisoners and the BuCor security classification regulation (maximum, medium, minimum), inmates be internally classified and segregated by crimes committed based on related penal codes (including Crimes Against Persons, Crimes Against Properties, Crimes Against Chastity, etc.) and by other related Special Laws, Custom, and Immigration Laws.
- Section 5(d) provides that from the DRD, the Custodial Force and Reformation Personnel of respective security institutions/camps implement security and the recommended inmate reformation program of each inmate while serving sentence.
- Section 5(e) assigns to the DER responsibility for pre-release and post-release programs for inmates due for release, including classification according to skills for referral and endorsement to companies or corporations participating in the BuCor On-The-Job Training Programs for newly reformed inmates, and evaluation, classification, and application of programs for readiness to join mainstream society upon release.
- Section 5(f) requires the BuCor to administratively operate like a standard government agency with internal control and internal audit units.
- Section 5(g) requires full computerization for building, maintaining, and transmitting necessary inmate records to all prison and penal farms and other recipient agencies, including the Board of Pardons and Parole.
Lands, facilities, and supervision
- Section 6(a) requires all BuCor lands (aside from administrative purposes) to be used for inmate security, reformation programs, and sustainability through both income and non-income generating programs, with or without partnership among nongovernment organizations, civic organizations, or other government entities.
- Section 6(b) grants the BuCor absolute authority to design, formulate, and implement land-use development plans and policies to maximize asset value for effective and extensive reformation (corrections) programs for national inmates.
- Section 6(c) authorizes the BuCor to propose additional penal farms as necessary to decongest existing penal institutions and accommodate increasing inmate numbers.
- Section 6(d) requires all BuCor lands to have a Certificate of Title registered under its name.
- Section 7 requires standard and uniform design of prison, reformation, and administrative facilities across operating prison and penal farms, including:
- dormitory;
- administration building;
- perimeter/security fences;
- hospital/infirmary;
- recreation/multipurpose hall;
- training/lecture center;
- workshop facility;
- mess hall/kitchen;
- visiting area;
- water tank and pump;
- reception and diagnostic center; and
- service personnel facilities.
- Section 8 establishes that the Department of Justice (DOJ), as BuCor’s line bureau and constituent unit, maintains a relationship of administrative supervision as defined under Section 38(2), Chapter 7, Book IV of Executive Order No. 292 (Administrative Code of 1987), while retaining authority to review, reverse, revise, or modify BuCor decisions in the exercise of its regulatory or quasi-judicial functions.
Organization, personnel ratios, and appointments
- Section 9(a) requires the BuCor to be headed by a Director assisted by three (3) Deputy Directors: one for administration, one for security and operations, and one for reformation, appointed by the President upon the recommendation of the Secretary of the DOJ.
- Section 9(a) limits the Director and Deputy Directors’ tour of duty to not to exceed six (6) years from date of appointment.
- Section 9(a) allows the President to extend the tour of duty in times of war or other national emergency declared by Congress.
- Section 9(b) sets position ranks/titles by office, including:
- Head of BuCor (rank of Undersecretary) as Director General of Corrections;
- second officers (rank of Assistant Secretary) as Deputy Directors of Corrections;
- third officer as Corrections Chief Superintendent (rank of Chief Superintendent);
- fourth officer as Corrections Senior Superintendent (rank of Senior Superintendent);
- fifth officer as Corrections Superintendent (rank of Superintendent).
- Section 9(c) directs the DBM to rationalize the existing organizational structure and staffing pattern of the BuCor in accordance with the Act and relevant compensation and position classification laws, rules, and regulations.
- Section 10 mandates custodial and reformation personnel-to-inmate ratios:
- custodial personnel-to-inmate ratio of 1:7;
- reformation personnel-to-inmate ratio of 1:24.
- Section 10 authorizes increasing manpower to meet such ratios and to continue increasing personnel per percentage rate increase of committed inmates annually or as need arises.
- Section 11(a) prohibits appointment as BuCor personnel unless the applicant meets all minimum qualifications:
- (1) citizen of the Republic of the Philippines;
- (2) good moral character;
- (3) passed psychiatric/psychological, drug and physical tests for physical and mental health determination;
- (4) baccalaureate degree from a recognized learning institution;
- (5) appropriate civil service eligibility;
- (6) not dishonorably discharged or dismissed for cause from previous employment;
- (7) not convicted by final judgment of an offense or crime involving moral turpitude;
- (8) minimum height: 1.62 m for male and 1.57 m for female.
- Section 11(a) allows a waiver for height and age requirement/s for applicants belonging to cultural communities.
- Section 11(a) requires that a new applicant be not less than twenty-one (21) or more than forty (40) years of age.
- Section 11(a) makes the enumerated qualifications continuing in character, with absence of any at any time as ground for separation or retirement from service.
- Section 11(a) grants incumbent personnel a five (5) years period from effectivity to obtain the minimum educational qualification and eligibility with subsidiary assistance as provided in the Act.
- Section 11(b) requires separation for incumbent personnel failing to satisfy any enumerated requirements after the lapse of the satisfaction period if below fifty (50) years and have served less than twenty (20) years; otherwise retirement if fifty (50) years and above and have served at least twenty (20) years, without prejudice to benefits under existing laws.
- Section 11(c) directs the BuCor to conduct study for feasible establishment of the Philippine Corrections Academy patterned after the PNPA and PMA for commissioned officers.
- Section 11(d) requires continued training through its Personnel Training School, renamed as Corrections Training School/Institute, patterned after BJMPas Jail National Training Institute (JNTI), Bureau of Fireas Fire National Training Institute (FNTI), and PNPas National Training Institute (PNTI).
- Section 12 provides appointment rules:
- Corrections Officer I to Corrections Chief Superintendent are appointed by the Director General of Corrections and attested by the Civil Service Commission (CSC);
- the Director General of Corrections and Deputy Director of Corrections are appointed by the President upon recommendation of the Secretary of the DOJ, with endorsement by the Chairman of the CSC.
- Section 13 authorizes lateral entry of officers starting with the rank of Corrections Inspector, where lateral entry applicants include highly specialized and technical qualifications, including civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemists, architects, criminologists, certified public accountants, nurses, physical therapists, dentists, social workers, psychologists, sociologists, guidance counselors, teachers, and that Doctors of Medicine, members of the Philippine Bar, and chaplains are appointed to the rank of Corrections Senior Inspector in their technical service.
- Section 14 prohibits designation to key positions unless the person meets enumerated qualification requirements and provides compliance periods for incumbents:
- (1) Sub-Colony Supervisor (rank Senior Inspector): at least-second year Bachelor of Laws or at least 12 units in a master’s program in specified fields; and completion of necessary training/career courses as established by the BuCor;
- (2) Colony Assistant Superintendent (rank Chief Inspector): at least-second year Bachelor of Laws or at least 24 units in specified master’s programs; and necessary training/career courses;
- (3) Colony Superintendent (rank Superintendent): graduate of Bachelor of Laws or a holder of a master’s in specified fields; plus training/career courses—except for prison and penal farms with inmate population 2,000 but below 3,000, where the Colony Superintendent shall have the rank and qualification of a Colony Senior Superintendent;
- (4) Regional Superintendent: rank Senior Superintendent or Chief Superintendent, with degree requirements and training/career courses—except for farms with inmate population 3,000 but below 5,000, where Regional Superintendent has rank and qualification of Colony Senior Superintendent, and for farms with inmate population over 5,000, where Regional Superintendent has rank and qualification of Chief Superintendent.
- Section 14 grants any personnel currently occupying such key positions and lacking qualifications five (5) years to comply; otherwise, they are relieved from the position.
Professionalization, promotion, evaluation, and attrition
- Section 15 directs the DOJ to design and establish a professionalization and qualifications upgrading program for BuCor personnel in coordination with the CSC and CHED, through an off-campus education program or similar programs, within ninety (90) days from effectivity.
- Section 16 establishes an attrition system to be submitted by the BuCor to the DOJ for approval within five (5) years from effectivity, including the following principles:
- (a) Attrition by Demotion in Position or Rank: personnel relieved and assigned to a position lower than the grade in the staffing pattern, who shall not be assigned to a position commensurate to the grade within two (2) years after demotion, shall be separated or retired;
- (b) Attrition by Non-Promotion: personnel not promoted for a continuous period of ten (10) years shall be separated or retired, except those occupying a third level position;
- (c) Attrition by Other Means for personnel with at least five (5) years accumulated active service, with separation based on any 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 duties; or (4) failure to complete required career courses and/or appropriate civil service eligibility for the position except for justifiable cause or reason;
- (d) Separation/Retirement effect for those dismissed under these principles: if rendered less than twenty (20) years service, separation; if rendered at least twenty (20) years service, retirement—unless disqualified by law to receive benefits.
- Section 17 requires the BuCor to establish a promotion system within six (6) months after effectivity, through principles that include:
- (a) Rationalized Promotion System based on merit and availability of vacant ranks, gender-fair to ensure women have equal opportunity for promotion as men;
- (b) Requirements for Promotion: no promotion unless minimum qualification standards or appropriate CSC civil service eligibility and passage of required psychiatric/psychological, drug and physical tests; and personnel exhibiting conspicuous courage and gallantry at risk of life beyond the call of duty, or selected in a nationwide search by an accredited civic organization, are promoted to the next higher rank, validated by the DOJ and the CSC based on established criteria.
- Section 18 requires establishment of a performance evaluation system administered under BuCor rules and promulgated through the DOJ, plus a code of conduct for BuCor personnel, with aims to foster individual efficiency and behavioral discipline and promote organizational effectiveness and commitment to public service.
- Section 18(b) requires the rating system to be based on standards prescribed by the BuCor through the DOJ, and treated as the result of the annual psychiatric/psychological and physical test conducted on BuCor personnel.
Base pay, benefits, retirement, and funding
- Section 19 defines uniformed personnel of the BuCor and recognizes the custodial and reformation ranks listed for base pay standardization purposes:
- Custodial ranks and reformation ranks are listed including 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, and Corrections Technical Officer I.
- Section 19 directs the DBM to determine the equivalent rank of the uniformed personnel patterned after ranks of military and uniformed personnel of other departments.
- Section 19 provides that base pay, allowances, and other benefits of uniformed personnel are governed by existing compensation and position classification laws and regulations.
- Section 20 provides retirement benefits upon compulsory retirement: a custodial officer from Corrections Chief Superintendent and below is entitled to retirement benefits computed on the basis of one grade higher than the last held position.
- Section 20 requires retirement pay to be subject to adjustment/s based on the prevailing base pay scale of uniformed personnel in active service.
- Section 21 establishes funding sources for implementation of the Act, including personnel benefits:
- funds from the BuCor budget for the current fiscal year;
- collections from clearances and certification fees;
- income from institutional projects subject to MOAs, contracts, or joint venture agreements; and
- other miscellaneous incomes outside MOAs and contracts, including penal farm agro-production and inmate handicraft industry.
- Section 21 requires that amounts necessary to implement the Act thereafter be included in the annual General Appropriations Act.
Implementation, rules, reports, and time limits
- Section 22 requires implementation of the Act in staggered phases, but not to exceed five (5) years, considering the financial position of the national government.
- Section 22 requires partial implementation to be uniform and proportionate for all ranks.
- Section 23 directs the DOJ, in coordination with the BuCor, CSC, DBM, and DOF, to promulgate implementing rules and regulations within ninety (90) days from effectivity.
- Section 24(a) provides that the incumbent Director and two (2) incumbent Assistant Directors serve under their existing terms without need of new appointments upon enactment.
- Section 24(b) grants incumbent personnel who opt for early or optional retirement upon effectivity retirement benefits computed according to the age table:
- Age 57 → Age Basis for Computing Benefits 62
- Age 58 → Age Basis for Computing Benefits 63
- Age 59 → Age Basis for Computing Benefits 64
- Age 60 → Age Basis for Computing Benefits 65
- Section 24(c) provides that incumbent personnel may continue rendering services until compulsory retirement age of sixty-five (65); those newly hired have compulsory retirement age of fifty-six (56) years pursuant to prevailing provisions on retirement age of those in uniformed services.
- Section 25 requires the BuCor, through the DOJ and DBM, to submit an annual report on implementation to the President of the Senate and the Speaker of the House of Representatives.
- Section 25 requires the annual report to include budget application information for salary and other benefits under the Act.
- Section 25 requires DBM, in consultation with BuCor through DOJ, to periodically review and adjust every five (5) years the rates of base pay considering labor productivity, consumer price index, oil price, and other similar economic indicators as determined by NEDA.
Effectivity, separability, and repeals
- Section 26 provides separability: an unconstitutional portion does not affect validity and effectivity of other provisions not affected.
- Section 27 repeals, amends, or modifies inconsistent laws, decrees, orders, rules, regulations, and other issuances or parts thereof.
- Section 28 sets effectivity at fifteen (15) days after complete publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
- Republic Act No. 10575 is entitled “AN ACT STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND PROVIDING FUNDS THEREFOR” and is approved May 24, 2013.
- Section 1 states the short title as “The Bureau of Corrections Act of 2013.”