Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 116

Introduced by

REPRESENTATIVE MARCELINO C. LIBANAN

AN
ACT PROVIDING FOR HOME INCARCERATION AS AN ALTERNATIVE MODE
OF SERVING SENTENCE, DEFINING ITS SCOPE, CONDITIONS, AND
PENALTIES FOR VIOLATION, AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

The Philippine penal system faces persistent problems of overcrowding, limited resources,
and the need for humane alternatives to incarceration. Many non-violent and low-risk
offenders must be better served through alternative that ensure public safety while
encouraging rehabilitation and reintegration.

This bill introduces home incarceration as a legally recognized sentencing option for
qualified offenders. This approach, already in place in several progressive justice systems
worldwide, permits individuals to serve part or all of their sentence in their residence under
strict monitoring, using modern technologies like electronic ankle bracelets and surveillance
tools.

In an article posted by the United Nations on 14 July 2024, the current Philippine jail system
has been characterized by severe overcrowding and challenging conditions. With
overcrowding as a major issue, our jail facilities are operating at several times beyond their
capacity, leading to inhumane living conditions for prisoners and detainees. UN has also
reported that “The Philippines now has one of the most congested prison


systems in the world and with an overall occupation rate for pre-trial jails
of a reported 322 per cent (down from 365 per cent in 2023) it ranks close
to the Democratic Republic of the Congo, Haiti and Uganda in terms of
overcrowding.”

It is highly urged that we find other approaches to address the situation
both our correctional facilities and detention facilities. The passage of this
bill will allow an alternative sentencing provided that the offender has
satisfied the requirements set forth in the measure.

Thus, the approval of this measure is estly sought.

N
Representative, 4Ps Party-list y


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No._116

Introduced by REPRESENTATIVE MARCELIN'

“NONOY” C, LIBANAN

AN
ACT PROVIDING FOR HOME INCARCERATION AS AN ALTERNATIVE MODE
OF SERVING SENTENCE, DEFINING ITS SCOPE, CONDITIONS, AND
PENALTIES FOR VIOLATION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the “Home Incarceration Act of
2025".

SECTION 2. Declaration of Policy. - It is the policy of the State to promote a restorative
and rehabilitative approach to criminal justice. The state recognizes the need to ease jail
congestion, reduce the costs of incarceration, and provide alternative forms of punishment,
especially for non-violent and low-risk offenders.

SECTION 3. Definition of Terms. — As used in this Act:
a.) Home Incarceration - The court-ordered confinement of a person to his or her
residence instead of a correctional facility, under specified conditions and

technological monitoring.

b.) Electronic Monitoring Device (EMD) - A device worn by the offender, such as
an ankle bracelet, to monitor movement and compliance.

c.) Qualified Offender - A person convicted of a non-violent, bailable, or low-risk
offense as determined by court.


SECTION 4. Eligibility for Home Incarceration. A person may be
sentence to home incarceration if:

a.) The offence is punishable by imprisonment not exceeding six (6)
years;

b.) The offender is a first-time offender or poses minimal flight risk;
c.) The court, after recommendation of the Probation and Parole
Administration and a psychological evaluation, finds the offender

suitable for home incarceration.

SECTION 5. Conditions of Home Incarceration. The court may impose
the following conditions:

a.) Confinement to residence, except for court-approved reasons
such as employment, education, or medical emergencies;

b.) Installation and maintenance of EMDs and other monitoring
tools;

c.) Regular check-ins with designated law enforcement or probation
officers;

d.) Participation in rehabilitation, vocational, or community service
programs;

e.) Prohibition from use of alcohol or dangerous drugs, contact with
victims or criminal elements.

SECTION 6. Violations and Penalties. Any violation of home
incarceration conditions may result in:

a.) Immediate revocation of home incarceration privileges;

b.) Commitment to a correctional facility for the remainder of the
sentence;

¢.) Additional penalties as provided under existing laws for escape
or disobedience to lawful orders.


SECTION 7. Implementation. The Department of Justice (DOJ), in
coordination with the Bureau of Corrections (BuCor), the Department of
Information and Communications Technology (DICT), and the
Department of the Interior and Local Government (DILG), shall
promulgate the rules and regulations for the implementation of this Act,
including the use and procurement of EMDs.

SECTION 8. Appropriations. The amount necessary for the
implementation of this Act shall be charged against the current
appropriations of the concerned agencies. Thereafter, such sums as may be
necessary shall be included in the annual General Appropriations Act.

SECTION 9. Separability Clause. If any part or provision of this Act is
declared unconstitutional or invalid, the other provisions not affected
thereby shall remain in full force and effect.

SECTION 10. Repealing Clause. All laws, presidential decrees,
executive orders, and rules and regulations inconsistent with this Act are
hereby repealed or modified accordingly.

SECTION 11. Effectivity. This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.

Approved,