The reality of the prison system of the Philippines is something that most people are unaware of. In this position paper, we argue that the Philippines’ prison system must undergo reform due to the circumstance that it is in today. There are differences and similarities when we compare the prison system of the Philippines to the prison systems of the USA, Syria, and Norway; with those, we could compare how effective the prison systems of the countries are, and if the Philippines’ prison system should improve.
Aside from their prison systems’ similarity of cause, which is punishment, the Philippines has a lot of shared policies with the USA in terms of dealing with the prisoners and managing the prison. According to an article released by the American Civil Liberties Union, the USA suffers from the overuse of the prison system and overcrowding in their prisons. These are caused by the war on drugs, policies on habitual offenders, and other laws concerning release of prisoners.These factors also create problems in the prison system of the Philippines.
It was stated in the Justice Policy Institute in 2008 that a quarter of the total number of prisoners in the USA have been convicted of a drug offense (Natarajan). In comparison to the Philippines in the year 2019, the Bureau of Jail Management and Penology released a document which shows that as of May 2019, the people deprived of liberty with drug cases consist of 71.01% of the entire prison population (Data on Imprisoned Individuals with Drug Cases as of May 2019). Aside from the war on drugs, both the USA and the Philippines have rules regarding sentencing of habitual offenders (American Civil Liberties Union). The rule is called prison correccional, which allows the justice system to sentence a person to longer prison years, not really in correlation to his/her crime but to the frequency of offence he/she has committed (Act No. 3815, 15). Due to some policies and laws that allow the overuse of the prison system to happen, overcrowding in the prisons of the USA and the Philippines occurred.
With overcrowding, the facilities that are necessary for basic human rights are not being provided to all prisoners. In the USA, the prison system is a huge issue and citizens often voice out their distaste for their failing prison system and they call for their prison system’s reform. As compared to the USA prison system which has an occupancy level of 103.9% (United States of America), we could only imagine how much worse the Philippines’ prison system is at 463.6% of the occupancy level (Philippines). A heavily dense population within a facility would also mean that the prisoners have to vie for the resources that are available to them.
According to a survey done by the Health Resources and Services Administration (HRSA) of the USA, there are 20772 registered nurses working in the correctional setting (Schoenly). With a prison population of 2121600, that would mean there would be about 103 prisoners for every nurse (United States of America). In the Philippines, the Bureau of Jail Management and Penology released information in October 2019 that the number of uniformed and non-uniformed personnel acting as nurses in the correctional setting is only 828 (Number of Nurses working under Bureau of Jail Management and Penology). With a prison population of 188278, there are 228 prisoners for every nurse working in the correctional setting (Philippines).
In a similar way, the Syrian prison system has its own variation from the previously mentioned prison systems. Just like in the current situation of the Philippines, due to the implementation of the Executive Order 70, the creation of a national task force to end communist armed conflict, arbitrary imprisonment is given to some progressive groups, which in turn, is also similar to the Syrian people who aid enemy soldiers and protest against the government.
There are no updates as to the current statistics on the number and rate changes in the Syrian prison system from 2004, but it is shown that there is still a significant number of prisoners since 2004. Though, before the civil war in Syria, the prison conditions were not in question. Some [reported] victims of the torture prisons in Syria, rather than having recidivism, are struck with fear and seek refuge upon neighboring states.
The increase of reports and allegations on the prison system of Syria only started in 2011, when the civil war started to take place. Cases and allegations of using torture in their prison system were brought up. Detainees were forced to admit to false accusations against them by (allegedly) making them write confessions regarding their crimes (Barnard).
In contrast with the present conditions of prisons in the previous countries, prisons in Norway are considered to be one of the most humane. The country boasts a recidivism rate of only around 20% (Life in Norway Editorial Team) and has a prison population rate of 63 per 100,000 of the national population (Norway). The most notable difference that distinguishes it among others is its focus on rehabilitation instead of punishment. In Norway, taking away one’s liberty is the punishment alone. Thus, the prisoners are still entitled of their rights like all other citizens of Norway. Offenders are placed in the lowest possible security regime that is necessary for the security of the community. While serving their sentences, the goal is to make their life in prison resemble life outside as much as possible (About the Norwegian Correctional Service).
What is considered one of the most helpful in inmate’s rehabilitation is the different programs that are available for them to do while serving their time. Prisoners have various choices such as cooking classes, music classes and they are even given the chance to hang out with fellow inmates and play video games or watch movies with them. Furthermore, the prisons in Norway are described to look more like dormitories than actual prison cells, in contrast with the usual idea of prisons which are typically surrounded by concrete walls and barred windows. They are given privacy with most prisons having their own rooms and bathrooms. This is all in line with their principle to implement normalcy in prison. Its design aims to mimic the outside world to prepare them for their return to society (Life in Norway Editorial Team)
Norway operates using “dynamic security”, wherein positive interactions between prisoners and staff are encouraged to achieve a more respectful and safer environment within the prison, instead of using coercive measures to keep things in order (Paddison). Additionally, inmates in the country are able to get services that would help their transition to society from the municipal service providers. Services such as medical care and education are given through the communities. Thus, prisons do not have their own staff for these services. This is also a way to promote connection and involvement with the community, avoid stigma and to ensure continuity for the prisoners (About the Norwegian Correctional Service).
It possible for inmates to serve their time wholly or partially in special care institutions when prisons are unable to provide the specific type of service their conditions entail, for example those with serious drug addiction. Under certain conditions, home detention is also possible with electronic monitoring by means of an ankle bracelet. Aside from this, convicts can also be released on probation after serving two-thirds of the sentence and a minimum of 74 days. While on probation the convict should still report to the probation office at given times, must refrain from alcohol consumption and should comply with the conditions imposed (About the Norwegian Correctional Service).
The maximum prison sentence in Norway is 21 years, however, the average sentence is only 8 months. A 30-year sentence is allowed for crimes related to genocide, crimes against humanity and war crimes. It is also possible to be sentenced to preventive detention on cases which cause harm to others’ life or if there is a risk of re-offending in a similar manner. After the period of detention is served, the convict will be reevaluated and the sentence may be extended for up to five years. This is repeated until needed, which can still result in a life sentence (About the Norwegian Correctional Service).
In conclusion, the table shows that the better the prison conditions of the state, the lower its recidivism rate. Similarly, the Norwegian prison system focuses on the reformation of the prisoner rather than just punishing the prisoner, unlike the other prison systems, there is a significant hike in recidivism rate. The state also considers the special needs of the prisoners as they target a reformed prisoner rather than a severely punished prisoner. Ultimately, the reformation of the prisoner must be prioritized rather than punishing the prisoner.
| COUNTRY | US | PHILS | NORWAY | SYRIA |
| PRISON POPULATION RATE | 655 OUT OF 100000 (United States of America) | 179 OUT OF 100000 (Philippines) | 63 OUT OF 100000 (Norway) | 60 OUT OF 100000 (Syria) |
| OCCUPANCY LEVEL BASED ON OFFICIAL CAPACITY | 103.9% (United States of America) | 463.6% (Philippines) | 83.9% (Norway) | 65.6% (Syria) |
| RECIDIVISM RATE | 75% (Alper) | THERE IS NO AVAILABLE DATA (Recidivism Statistical Data in the Philippines) | 20% (Norwegian Correctional Service) | THERE IS NO AVAILABLE DATA |
Antolin, Kaila Mae
Chiw, Tsen Yun Chun
Dulay, Minette Gwenn
Works Cited
“About the Norwegian Correctional Service.” Kriminalomsorgen, CustomPublish, http://www.kriminalomsorgen.no/information-in-english.265199.no.html.
American Civil Liberties Union. “Overcrowding and Overuse of Imprisonment in the United States.” Overcrowding and Overuse of Imprisonment in the United States, May 2015, pp. 1–9.
Barnard, Anne. “Inside Syria’s Secret Torture Prisons: How Bashar al-Assad Crushed Dissent.” The New York Times, May 11, 2019, https://www.nytimes.com/2019/05/11/world/middleeast/syria-torture-prisons.html
Congress of the Philippines. “Act No. 3815, s. 1930.” An Act Revising the Penal Code and Other Penal Laws, December 1930, p. 15.
“Data on Imprisoned Individuals with Drug Cases as of May 2019.” EFOI – Electronic Freedom of Information Philippines, Bureau of Jail Management & Penology, 10 July 2019, https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUJKTVAtNDc1MzIyNzgxMzU0DA.
“Highest to Lowest Occupancy Level.” World Prison Brief, World Prison Brief, https://www.prisonstudies.org/highest-to-lowest/occupancy-level?field_region_taxonomy_tid=All.
Life in Norway Editorial Team. “Prisons in Norway: Inside a Norwegian Jail.” Life in Norway, 12 July 2019, https://www.lifeinnorway.net/prisons/.
Natarajan, Nila, et al. Justice Policy Institute, 2008, p. 1.
“Norway.” World Prison Brief, https://www.prisonstudies.org/country/norway.
“Number of Nurses working under Bureau of Jail Management and Penology.” EFOI – Electronic Freedom of Information, Bureau of Jail Management & Penology, 4 Nov. 2019, https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUJKTVAtNjQ3MDI5ODk4ODQzDA.
Paddison, Laura. “What The U.S. Can Learn From The Most Humane Prison System In The World.” HuffPost, 22 Aug. 2019, https://www.huffpost.com/entry/norway-american-prison-system-reform_n_5d5ab979e4b0eb875f270db1.
“Philippines.” World Prison Brief, https://www.prisonstudies.org/country/philippines.
“Recidivism Statistical Data in the Philippines.” Electronic Freedom of Information, Bureau of Jail Management & Penology, 26 July 2019, https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUJKTVAtODAzOTgwNzg0NDAxDA.
Schoenly, Lorry. “Correctional Nurse.” Correctional Nurse, https://correctionalnurse.net/scope-and-standards-prevalence-of-correctional-nurses/.
“Syria.” World Prison Brief, https://www.prisonstudies.org/country/syria
“United States of America.” World Prison Brief, https://www.prisonstudies.org/country/united-states-america.
United States, Congress, Alper, Mariel, and Joshua Markman. “2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014) .” 2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014) , pp. 1–3.
Philippine Criminal Justice Reform 