Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouseB±]]Nog8]7
INTRODUCED BY REPRESENTATIVES RALPH l^7ENDEL P. TULFO,
]OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT CREATING PROGRAMS FOR INCARCERATED PARENTS
AND THEIR CHILDREN
EXPLANATORY NOTE
Baby River was born underweight, a characteristic attributed to the lack of
prenatal  care  her  mother  received  in  prison.  At  barely  six  weeks  old,  she  was
separated from her mother, which inadvertently caused her health to deteriorate and
eventually led to her death. Likewise, Baby Diona's death alter two days from being
born was  attributed  to her mother's  inability  to  receive  essential  medical  care in
detention, which caused her to develop many health issues at birth. The cases Of Baby
River and Baby Diona  exhibited the absence of necessary mechanisms to guarantee
the safety and rights of both parent and child in the chance of parental incarceration.1
The mental health of incarcerated parents is also negatively impacted by the
separation from their children. In a study published in the Philippine Social Science
Journal, irmates in lloilo City District Jail, particularly mothers, have expressed the
fear and anxiety caused by physical separation from their children and their inability
to  express  their  love  and  affection  towards  their  offspring.2  Likewise,  inmates
displayed utmost uncertainty when hearing the news regarding their children's well-
being, usually expressing regret that they could not support and care for their sick
children.3
The United Nations Convention on the Rights of the Child (CRC) states in its
Preamble the need for special safeguards and care, including legal protection, before
and after birth of a child. The CRC further emphasizes in Articles 20 and 27 the role
of the State in ensuring the continued upbringing and the "proper physical, mental,
spiritual, moral and social development" of children whose parents have difficulty in
I Commission On Human Rights. .`Human Rights Advisory' on the Protection of children of lncarcerated Parents-'.
C'tj"m7.5s/-o#   o#   f7ztffl#j7    Rr.g4/5.    /4.'0_?/-002/.  https:/'f`'Chr.gov-.ph/wp-content'uploads,/''.202 I,J'''03r'Human-
Rights-Advisor}--on-the-Protection-of-Children-of-Incarcerated-Parents-CHR-V-A202l-002.pdf.
2  Villanueva, Shella Marcela. and Lisa Anna Gayoles. ..Lived  Experiences of Incarcerated Mothers." Pfo/./j.pp/.#c>
St7cj.cr/ Sc/.e#ce Joit"a/. vol. 2. no.  1. 2019, pp.  37-52. https:;`J'doi.org,'10.52006/main.v2i 1.55.
3'd.


providing  for   their   needs.4   If   acted   upon,   these   provisions   will   uphold   the
constitutional  mandate  provided  in  Article  11,  Section  12  of  the  1987  Philippine
Constitution, to wit:
"The  State  recognizes  the  sanctity  of  family  life  and  shall  protect  and
strengthen  the  family  as  a  basic  autonomous  social  institution.  It  shall
equally  protect the  life  of the  mother  and  the  life  of the  unborn from
conception.  The  natural  and  primary  right  and  duty  of  parents  in  the
rearing  of the  youth for civic  efficiency  and  the  development  of moral
character shall receive the support of the Government. "
The absence of parents in their children's early and formative development has
adverse effects. A study published in the Journal of the American Medical Association
found  that  parental  incarceration  increases  children's  susceptibility  to  academic
underachievement,   social   isolation,   and   the   development   of   emotional   and
psychological  issues.5  Likewise,     a  local  study  published  in  the  Quirino  State
University  Research Journal found  that children of incarcerated  parents  are more
likely to participate in criminal activity and be convicted.6 To break this cycle, the
establishment of proper mechanisms is an immediate concern. We believe that the
imprisonment of parents shall not deprive children of their rights.
This  proposed  legislative  measure  then  seeks  to  establish  the  necessary
mechanisms  and facilities  to assist incarcerated parents  in fulfilling their parental
obligations during the child's formative years. Salient provisions of the bill include
placement  and  guardianship  options,  the  provision  of  child-friendly  visitation
programs, and the entitlement to a one-hour £-D¢Z#zo Video Conference twice a week.
In view of the foregoing, the urgent passing of this bill is earnestly sought.
#EL
RALPH VI
P. TULFO
Representative
LFOE
2nd District of Quezon city                ACT-CIS partylist
ACT-CIS P
4 Assembly, UN General. "Convention on the Rights of the Child."  C/#z.fed IVo/i.o77s,  rreczty Serz.es  1577.3 (1989):
1 -23 .
5 Gifford, Elizabeth J., et al. "Association of parental Incarceration With Psychiatric and Functional Outcomes of
Young             Adults." /4jw#             Ivetwo7`4             0peJ?,             vol.             2,             no.             8,             2019,
https://doi.org/10.Tool/jamanetworkopen.2019.10005.
6  Pascua,  Amelia  8.,  and  Romeo  8.  Nanglihan.  "PARENT'S  INCARCERATION:  ITS  INFLUENCE  TO
CHILDREN." gsu Resec}rcfo /o%r#¢/ 7.1  (2018):  1 -I.
2


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTII CONGRESS
Second Regular Session
HouseBi||No.9817
INTRODUCED 8¥ REPRESENTATrvES RALPH WrEN],EL P. TULFO,
]OCELYN P. TULFO, AND ERWIN T. TULFO
AN ACT CREATING PROGRAMS FOR INCARCERATED PARENTS AND
THEIR CHILDREN
Be it enacted by the Senate and the House Of Representatives Of the Phiitppines in Congress
assembled:
SEcrl0N 1. Sfeorf rc.£Jc. - This Act shall be known as the ``Incarcerated Parents Act
Of 2024" .
SEC. 2. Dccharflfl.o# a/ Pozjey. -It is hereby declared the poliey of the State that..
(a)Itshalldefendtherightsofchildrentospecialprotectionfromallformsofneglect
and other conditions prjudicial to their development;
ap) It recognizes that all persons deprived of their liberty shall be treated humanely
and shall enjoy all the rights guaranteed to free persons, subject to the restrictions
that are unavoidable in a closed environment;
(c)  It shall promote stable and solid relationships between children and parents, who
are their primary caregivers, and support incarcerated parents to develop and
maintain their relationship with their children; and
(d) It shall ensure the right of the child to express his views freely in all matters
affecting him, the views of the child being given due weight in accordance with
his age and maturity.
3


S;EC.3.ApprisinglrtcarceratedpareutsofTheirpareutalRighas.-Incases3ri:Nohofn8
incarcerated  parents,  the  court  must  give  an  appropriate waning  of the  special
consequences concerning the parental rights of the accused that Inay I-esult from a plea
of guilty or conviction, especiany the loss of parental authority.
SEC. 4. Phase:#zc7z£ ¢nd Gef¢rdz.ftusJZz.p Opfz.07zs. - In the event that a person deprived
of liberty ¢DL) has minor children, the court shall #£oha praprz.a direst a social worker
or a representative Of the Department of Social Welfare and Development (DSWD) to
confer with the PDL to discuss various options available to the latter in relation to the
care and custody of his or her minor children.
A compliance report, duly signed by the PDL, shall thereafter be submitted to the
court, attesting that options have been discussed and the selected option, if any.
Should  the PDL be unable to place his/her rfunor children under the care Of a
responsible adult, the minor children shall be placed under the care of the following
persons in the order indicated:
(a) Surviving grandparent;
a) Oldest  brother  or  sister,  over  twentyone  (21)  years  of  age,  unless  unfit  or
disqualified;
(c)  Any collateral relative of the accused, over twentyone (21) years Of age, and
within the fourth civil degree of consanguinity or affinity of the minor children;
and
(d) The uswD.
SEC. 5. Coordf.rmfi.#g Body. - A coordinating body comprised of representatives
from  the  Department  Of  Justice,  the  Bureau  of  Correetious,  the  DSWD,  and  the
Department of Health shall be established for purposes of implementing the provisions
of this Act. Such body shall:
4


(a) Formulate the necessary rules and regulations for the effective implementation of
this Act;
@) Provide specific procedures for the placement of children Of the accused or for
infants born to women already incarcerated in state prisons; and
(c)  Establish programs  designed  to provide counseling, health, and other social
services to incarcerated parents and their children. Mothers' and children's (those
under one (1) year old and stfil staying with their mother) access to health care
services  and  medicines,   including  reproductive  health  care  and  medical
attention, gynecological, and pediatric services shall be assured by the institution
where the parent and child are detained.
SEC. 6. Citi.Zd-Fr!.end!gr V!.si.£flfi.o# Progr#Jris.  - The prison fachities shall establish
child-friendiy visitation opportunities for solo parents and children. A special visitation
room for solo parents and chfldren shall be provided for this purpose.
SEC. 7. r#-HorHe Video Cfeflt or I-Daj#av. - If children of incarcerated parents are
not able to physically visit the prison, they are entitled to a one-hour video conference
or call twice a week: Pror?I.did, That they are closely monitored by prison officials.
SEC. 8. Jndquende7.f Mo#!.foH.#g.  - Frequent access to prisons shall be granted to
relevant institutions such as the Commission on Human RIghts, non-governmental
organizations, and international organizations. The Coordinating Body shall assign
persons  to  conduct  independent  monitoring  of  the  various  prison  facilities.  Such
persons  conducting  monitoring  tasks  shall  be  allowed  to  make  periodic   and
unannounced visits to the premises and speak in private with PDI.S and their children.
SEC. 9. Appropr.flfz.07.s. - The amount necessary to carry out the provisions Of this
Act is hereby authorized to be appropriated in the budget of the DSWD and included
5


in the General Appropriations Act of the year following the enactment Of this law and
every year thereafter.
SEC. 10. Sqpflrflb{.J{.fry Chause - If any provision of this Act is held unconstitutional
or invalid, the remairing provisions that are not affected thereby shall continue to be in
full force and effect.
SEC. 11. Rcz7cerz1.J!g C!flt{se.  - All other laws, decrees, executive orders, rules and
regulations, and other issuances, or parts thereof, contrary to or inconsistent with this
Act, are hereby modified, amended, or repealed accordingly.
SEC. 12. £#ecfz.zJz.rty. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.
Approved,