FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
S.B. No. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The deprivation of liberty impinges on men and women differently. In many instances, a 
defendant who is the custodial parent of a minor child may not be fully apprised of the 
consequences resulting from her conviction. Since women tend to be the primary caregiver for 
her children, imprisoiment affects both the mother and her children profoundly. It is indisputable 
that a mother’s role in the development of very young children is especially important, hence, 
separation from the mother may have long-term effects on the children and on society. Research 
suggests the absence of the parental bond may contribute to the delinquency of the children of 
incarcerated mothers. 
In order for our prison policies to conform to our fundamental law and international 
obligations, policy makers must take cognizance of the rights of persons under detention, the 
unique relationship of a mother and her child, and the need for special consideration for children 
living in exceptionally difficult conditions. 
Our own Constitution in Article 11, Section 12 states that: 
“The State recognizes the sanctity of family life and shall protect and 
strengthen the fmily as a basic autonomous social institution.” 
Article 25 of the Universal Declaration of Human Rights Article proclaims that: 
“Motherhood and childhood are entitled to special care and assistance.” 
The International Covenant on Civil and Political Rights (ICCPR), ratified by the 
Philippines, places special emphasis on the protection of mothers and their children: 
“Pregnant women who are deprived of their liberty should receive humane 
treatment and respect for their inherent dignity at all times, and in particular 


during the birth and while caring for their newborn children; States parties should 
report on facilities to ensure this and on medical and health care for such mothers 
and their babies.” (Human Rights Committee, General Comment 28 on Article 3 
of the ICCPR). 
This bill‘ will make it mandatory for the appropriate government agencies to establish 
programs that support imprisoned parents in the performance of their parental and child-rearing 
responsibilities. Such programs will take due consideration of the rights of all those directly 
affected - mothers, fathers, and children. It will also guarantee assistance, when needed, to 
dependents and, in particular, minor members of the families of detained or imprisoned persons. 
I This bill was originally filed by the Senator during the 13” Congress 


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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
Introduced by Senator h4iriam Defensor Santiago 
AN ACT 
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR CHILDREN 
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 "Mothers in Jail Act." 
SECTION 2. Declaration of Policy. - 
(A) The State recognizes that all persons deprived of their liberty shall be treated with 
humanity and shall enjoy all the rights guaranteed to free persons, subject to the restrictions that 
are unavoidable in a closed environment. 
(B) The State shall promote stable and solid relationships between children and their 
primary care-giver and support incarcerated parents to develop and maintain their relationship 
with their children. 
(C) In all actions concerning children, whether undertaken by public or private social 
welfare institutions, courts of law, administrative authorities or legislative bodies, the best 
interests of the child shall be the primary consideration. 
(D) The State shall assure to the child who is capable of forming his or her own views the 
right to express those views freely in all matters affecting the child, the views of the child being 
given due weight in accordance with the age and maturity of the child. 
SECTION 3. Apprising Custodial Parents of their Parental Rights. - In cases involving 
custodial parents, the court must give an appropriate warning of the special consequences for a 
defendant's parental rights that may result from a plea of guilty or a conviction. 
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SECTION 4. Placement and Guardianship Options. - The court shall provide the 
defendant with a reasonable amount of time to appropriately attend to the needs of his or her 
minor children for safe and appropriate care prior to accepting a guilty plea. The court in 
coordination with the Department of Social Welfare and Development shall explain the various 
options available to the defendants. 
SECTION 5. Coordinating Body. - A coordinating body comprised of representatives 
from the Department of Justice, the Bureau of Corrections, the Department of Social Welfare and 
Development, and the Department of Health shall be established. Such body shall: 
(A) Formulate the necessary rules and regulations for the effective implementation of this 
Act. 
(B) Provide for specific procedures for the placement of children of defendants or for 
infants born to women already incarcerated in state prisons. 
(C) Establish programs designed to provide counseling, health and other social services 
to the incarcerated parents and their children. Mothers’ and children’s (those under one-year old 
and still staying with their mother) access to health care services and medicines, including 
reproductive health care and medical attention, gynecological and pediatric services, shall he 
assured by the institution where parent and child are detained. 
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SECTION 6. Child-Friendly Visitalion Programs. - The prison facilities shall establish 
child-friendly visitation opportunities for mothers and children. A special visitation room for 
mothers and their children shall he provided for this purpose. 
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SECTION 7. Independent Monitoring. - Frequent access to prisons shall be granted to 
relevant institutions such as the Commission on Human Rights, human rights non-government 
organizations, and international organizations. ‘The Coordinating Body shall assign persons to 
conduct independent monitoring of the various prison facilities. Such persons conducting 
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monitoring tasks shall be allowed to make periodic and unannounced visits to the premises and 
speak in piivate with imprisoned mothers and their children. 
SECTION 8. Appropriations. - The amount necessary to carry out the provisions of this 
Act is hereby authorized to be appropriated in the General Appropriations Act of the year 
following the enactment of this law and every year thereafter. 
SECTION 9. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 10. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, admiaistrative rule or regulation contrary to or inconsistent with the 
provisions of this Act is hereby repealed, modified or amended accordingly. 
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Approved, 
SECTION 11. Efectivity Clause. - 'This Act shall take effect fifteen (15) days after its a 
publication in at least two newspapers of general circulation. 
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