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Republic of the Philippines

House of Representatives 7 5
Quezon City, Metro Manila %y iy

Nineteenth Congress
First Regular Session

HOUSE BILL no! 593

Introduced by Representative Khymer Adan T. Olaso

EXPLANATORY NOTE

The advancement of a national standard in the operational management of
all local jails, sub-provincial jails, and district, city and municipal jails, is of
paramount importance to better uphold the basic and constitutional rights of
inmates who are detained/ serving their sentence in such jail facilities. With
such standard firmly established and faithfully observed, there will be
uniformity and boosted efficiency in the implementation of the plans and
programs that are geared toward the more effective rehabilitation of inmates.

At present, Republic Act No. 6975 provides that “provincial jails shall be
supervised and controlled by the provincial government within its jurisdiction”.
Hence, under the said law, the Bureau of Jail Management and Penology is not
tasked with the operational management, supervision and control of all the
existing provincial jails.

Toward the vision of establishing a national standard in the operational
management of all local jails, R.A. 6975 and R.A. 9263 are herein proposed to
be amended such that the Bureau of Jail Management and Penology shall now
be tasked with the supervision and control of all local jail facilities.

In addition to the rationale stated above, this Act likewise offers the
following advantages, to wit:

1. There will be established a uniform and standardized policy on the
administration and supervision of all local jails.


2. The administration and operation of all local jails will be entrusted
to the BJMP, which is a specialized agency the mission of which is specifically
geared toward the safekeeping, reformation and rehabilitation of inmates. Thus,
the objectives of public safety and institutional correction through jail
supervision and management could be better attained through this Act.

3. The provincial government will be unburdened with the task of
supervising and maintaining a jail facility resulting to its being able to devote its
focus to its more pressing responsibilities.

4. This Act will promote the professionalization of all jail personnel,
which will now include the provincial jail guards.

In view of the foregoing, approval of this bill is earnestly sought.

Wn

'YMER ADAN T. OLASO
Representative
1}District, Zamboanga City


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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

HOUSE BILL No. 4593

Introduced by Representative Khymer Adan T. Olaso

AN ACT
INTEGRATING ALL THE PROVINCIAL AND SUB-PROVINCIAL
JAILS WITHIN THE JURISDICTION OF THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY AMENDING FOR THAT PURPOSE
CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975 AND
REPUBLIC ACT NO. 9263

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as “An Act Integrating All
the Provincial and Sub-Provincial Jails within the Jurisdiction of the Bureau of
Jail Management
and Penology.”

SEC. 2. Section 61 of Republic Act Number 6975, otherwise known as
the Department of the Interior and Local Government Act of 1990 is hereby
amended to read as follows:

“Section 61. POWERS AND FUNCTIONS. — The Jail Bureau
shall exercise supervision and control over all PROVINCIAL, SUB-


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PROVINCIAL, city and municipal jails.”

SEC. 3. Section 62 of the same act is hereby amended to read as
follows:

“Section 62. Organization —

The Jail Bureau shall be composed of PROVINCIAL, SUB-
PROVINCIAL, city and municipal jails, each headed by a
PROVINCIAL, SUB-PROVINCIAL, city or municipal jail warden:
Provided, That, in the case of large cities and municipalities, a district jail
warden may be established as necessary.

xxx”

SEC. 4. Section 63 of the same act is hereby amended to read as follows:

“Section 63. Establishment of PROVINCIAL, SUB-
PROVINCIAL, District, City or Municipal Jail. — There shall be
established and maintained in every PROVINCE, district, city and
municipality a secured, clean adequately equipped and sanitary jail for
the custody and safekeeping of PROVINCIAL, city and municipal
prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary, and/or
violent mentally ill person who endangers himself or the safety of others,
duly certified as such by the proper medical or health officer, pending the
transfer to a medical institution.

Xxx”

SEC. 5. Transfer to the BJMP of the management, supervision and
control of Provincial and Sub-Provincial jails. - The management, supervision
and control of provincial and sub- provincial jails, including all its property,
equipment, and finances, are hereby transferred to the Bureau of Jail
Management and Penology (BJMP).

Provided, however, that a three (3) year transition period is hereby
established, to commence from the date of effectivity of this act. During the

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transition period, the Provincial Government shall subsidize the subsistence
allowance of inmates and the maintenance of the jail facility, including, but not
limited to electric and water expenses and necessary repairs.

The transfer, and/or absorption of the functions, appropriations, funds,
records, equipment, facilities, choses in action, rights, and other assets of
Provincial and Sub-Provincial Jails to/by the BJMP shall be without prejudice
to the provisions of R.A. 7160 that are not otherwise inconsistent with this Act.

All personnel of Provincial and Sub-Provincial Jails, unless removed for
cause, may be absorbed by the BJMP, provided, that such guidelines must be
consistent with the provisions of Republic Act No. 9263 and its Implementing
Rules and Regulations.

The Chief of the Bureau of Jail Management and Penology shall, within
six (6) months from the effectivity of this Act, recommend the organizational
structure and staffing pattern of the assumed provincial and sub-provincial jails.

SEC. 6. The Local Government of the Province shall be a partner of the
BJMP in the rehabilitation of the inmates in the provincial jails. For this
purpose, the Sangguniang Panlalawigan of each province shall provide for the
maintenance and improvement of jails and detention centers and shall
appropriate funds to supplement subsistence of detainees and convicted
prisoners in the province.

SEC. 7. Rank of Provincial and Sub-Provincial Jail Warden. - The
Provincial and Sub-provincial Jail Warden shall have the rank of
Superintendent; provided that if the jail population is one thousand (1,000) or
more inmates, the Warden shall be a graduate of Bachelor of Laws or a holder
of a masters degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense
studies or other related discipline from a recognized institution of learning, and
must satisfactorily pass the necessary training or career courses for such

position as may be established by the law.


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SEC. 8. Oversight Committee. - An Oversight Committee, composed of
the Secretary of the Interior and Local Government as Chairman, the Secretary
of the Department of Budget and Management as Co-Chairman, and the
Chairman of the Civil Service Commission, the President of the League of
Provinces and the Chief of the Bureau of Jail Management and Penology, as
members, is hereby created to oversee the expeditious transfer and absorption
into the Bureau of Jail Management and Penology of all personnel, property,
appropriations and installations of the provincial and sub-provincial jails.

SEC. 9. Implementing Rules. - Within ninety (90) days from the
effectivity of this Act, the Oversight Committee shall promulgate the rules and
regulations necessary to ensure the effective implementation of this Act.

SEC. 10. Separability Clause. If any part, section or provision of this Act
be declared invalid or unconstitutional, the other parts, sections or provisions
thereof shall remain valid and effective.

SEC. 11. Repealing Clause. - All laws, orders, rules or regulations which
are inconsistent with or contrary to the provisions of this Act are hereby
amended or repealed accordingly.

Section 12. Effectivity. - This Act shall take effect fifteen (15) days after
the completion of its publication in at least two (2) newspapers of general
circulation.

Approved,