Short answer. Yes. Article 78 requires that the regulations governing penal institutions provide for the separation of the sexes, either in different institutions or at least into different departments within the same one. This sits alongside rules on the correction and reform of convicts generally.

What the law says

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts.

Revised Penal Code, Article 78 — How A Penalty Is Executed. Read the full provision →

What the law says

No penalty shall be executed except by virtue of a final judgment.

Revised Penal Code, Article 78 — How A Penalty Is Executed. Read the full provision →

Separation of the sexes is a required feature of the regulations

Article 78 governs how penalties are actually carried out, and among its specific requirements is this one: "the regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts." The article gives two acceptable ways to satisfy this — housing men and women in entirely separate institutions, or at minimum keeping them in different departments within the same institution — but some form of separation is required either way.

This sits within a broader framework for how sentences are executed

The separation requirement does not stand alone. Article 78 opens by establishing that "no penalty shall be executed except by virtue of a final judgment" and that execution must follow the form the law prescribes, with special institutional regulations covering matters like the work convicts perform, their treatment, and their diet. The separation-of-sexes rule is one specific item within this larger set of regulations that institutions are required to observe when carrying out penalties.

The rule is paired with correction and reform, not just confinement

The same sentence that requires separation of the sexes also requires provision "for the correction and reform of the convicts." The article treats these as related institutional obligations rather than isolated requirements — the regulations governing how penalties are executed are meant to address both the practical separation of male and female convicts and the broader purpose of correcting and reforming those serving sentences, rather than confinement alone.

What this means as a matter of law

Because Article 78 requires the regulations themselves to provide for this separation, a penal institution's own rules on housing and departments are expected to reflect this requirement, whether through physically distinct facilities or through separate departments within one facility. The article sets the legal expectation at the level of the code; how a particular institution structures its buildings or departments to meet that expectation is a matter the regulations it operates under are meant to specify, consistent with the same regulations' other requirements on work, diet, and treatment of convicts.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.