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Seventeenth Congress
First Regular Session

HOUSE BILL NO. 4837

Introduced by Rep. Rodel M. Batocabe, Rep. Alfredo A. Garbin, Jr., and
Rep. Christopher S. Co

AN AC
STRENGHTENING THE JAIL AND CORRECTIONAL SYSTEM BY
CREATING THE JAIL AND CORRECTIONAL AUTHORITY AS THE
PRINCIPAL GOVERNMENT ENTITY FOR JAIL AND CORRECTIONAL
MANAGEMENT, E GRATING THEREWITH THE BUREAU OF
CORRECTIONS, BUREAU OF JAIL MANAGEMENT AND PENOLOGY,
ALL PROVINCIAL, SUB-PROVINCIAL, DISTRICT, CITY AND
MUNICIPAL JAILS, DEFINING ITS STRUCTURE, POWERS AND
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

This proposed measure seeks to consolidate the management and
supervision of all the jail and penal institutions in the country into a single entity to
be known as the Jail and Correctional Authority, under the Office of the President,
in order to strengthen, modernize and improve the country’s penal system.

The investigations by the Senate and the House of Representatives on the
proliferation of illegal drug trade have exposed the weaknesses of the penal system
in the country.

Perpetrated right inside the National Bilibid Prison in Muntinlupa, away
from public eye, the illegal drug trade has grown and festered. It is conducted by
convicted criminals in league with officials of the penal institution who are
supposed to help in the reformation of the convicts. These officials provide
protection to the convicted criminals, virtually transforming the national
penitentiary into the headquarters of illegal drug operations all over the country,
with several high-profile convicts acting as “business leaders.” Even the lowly jail
guards have been corrupted to the extent that they tolerated and even facilitated the
illegal drug trade.

‘This practice must be stopped. A closer look at the jail and penal institutions
shows that an immediate and complete reorganization is necessary to prevent the



worsening problem, and to correct the weakness and loophole in the penal system.
‘This will provide a holistic action specifically targeted to obliterate the criminal
activities inside the cells of the country’s national prison.

At present, jail and correctional institutions are under the direct control and
supervision of two different government departments. The Bureau of Corrections,
under the Department of Justice, has jurisdiction over the New Bilibid Prision, the
Correctional Institution for Women, the Iwahig Prison and Penal Farm, the Leyte
Regional Prison, and the San Ramon Prison and Penal Farm. Meanwhile, the
Bureau of Jail Management and Penology (BJMP), under the Department of
Interior and Local Government, has jurisdiction over all of the provincial, sub-
provincial, district, city, and municipal jails. These two institutions must be
integrated for necessity and expediency.

In view of the foregoing considerations, the approval of this bill is earnestly
sou;
”

RODEL M. BATOCABE

CHRISTOPHER S, CO


Seventeenth Congress
First Regular Session

House BIL No, 4837

Introduced by Rep. Rodel M. Batocabe, Rep. Alfredo A. Garbin, Jr., and
Rep. Christopher 8. Co

AN ACT

STRENGHTENING THE JAIL AND CORRECTIONAL SYSTEM BY
CREATING THE JAIL AND CORRECTIONAL AUTHORITY AS THE
PRINCIPAL GOVERNMENT ENTITY FOR JAIL) AND CORRECTIONAL
MANAGEMENT, INTEGRATING THEREWITH THE BUREAU OF
CORRECTIONS, BUREAU OF JAIL MANAGEMENT AND PENOLOGY,
ALL PROVINCIAL, SUB-PROVINCIAL, DISTRICT, CITY AND MUNICIPAL,
JAILS, DEFINING ITS STRUCTURE, POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR

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 “Jail and Correctional
Authority Act.”

S)

’, 2. Declaration of Policy. — It is the policy of the State to safeguard the basic
rights of every inmate and prisoners incarcerated in jails and national penitentiaries,
promote the general welfare and strengthen the government capability towards the
institutionalization of a dependable, efficient and competent jail and correctional
services. Towards this end, the State shall establish a single and unified body charged
with the execution and implementation of the laws relative to the custody, safekeeping
and rehabilitation of inmates, and the administration and upgrading of jail and
correctional facilities. All agencies charged in the administration and management of
penal institutions, and the safekeeping and custody of inmates and prisoners, are

integrated herein.


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SEC. 3. Jail and Correctional Authority. — Pursuant to this declared policy, the
Jail and Correctional Authority, hereinafter referred to as the Authority, is hereby
established to be the principal and sole government agency tasked to undertake the
administration and management of jail and correctional institutions, and the effective
rehabilitation of inmates and prisoners, integrating therewith the Bureau of Corrections
(BuCor), Bureau of Jail Management and Penology (BJMP), and the provincial, sub-
provincial, district, city and municipal jails.

The Authority is placed under the direct control and supervision of the Office of
the President (OP),

SEC. 4. Powers and Functions of the Authority. — All the powers, functions,

duties and responsibilities of the BuCor and BJMP under their charters and under
special laws are transferred to the Authority which shall include the following
functions:

a) Custody of prisoners and inmates in jails and penal facilities;

b) Ensure effective and efficient safekeeping and rehabilitation of persons
convicted by the courts and serving their sentence in national prisons;

c) Maintain modern, safe and secured penal facilities by utilizing
technological breakthrough in security to prevent inmates from further committing
crimes inside jails and correctional facilities;

d) Provide humane treatment by supplying the basic needs of the inmates and
prisoners, implement rehabilitation programs designed to preserve human capital, adopt
programs for socio-civic activities designed to change their criminal tendencies and

anti-social behavior;


©) Absorb and exercise the functions and operations of the BuCor, BJMP and
all national prisons, provincial, sub-provincial, district, city and municipal jails
maintained by local government units (LGUs);

f) Modernize the existing national prison and penal colonies such as the
New Bilibid Prison in Muntinlupa City; Correctional Institution for Women (CIW) in
Mandaluyong City; Correctional Institution for Women (CIW) in Panabo, Davao del
Norte; Iwahig Prison and Penal Farm in Puerto Princesa, Palawan; Sablayan Prison and
Penal Farm in Occidental Mindoro; Leyte Regional Prison in Abuyog, Leyte; and San
Ramon Prison and Penal Farm in Zamboanga in accordance with acceptable
international standards;

g) Engage in agro-industrial projects for the purpose of developing prison
lands and resources into productive bases or profit centers, developing and employing
inmate manpower skills and labor, providing prisoners with a source of income and
augmenting the Authority’s yearly appropriations; and

h) Perform such other functions as may be necessary for the proper
implementation of this Act.

SEC. 6. Organization and Key Positions. - The Authority is headed by an
Administrator who is assisted by two (2) deputy administrators: one (1) for national
prisons and one (1) for local jails, all of whom are appointed by the President, upon the
recommendation of the Secretary of Justice and the Secretary of the Interior and Local
Government.

Each deputy administrator is assisted by two (2) assistant administrators; one (1)

for management and rehabilitation; and one (1) for security and operations.


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The Administrator shall hold office for a term of three (3) years, subject to
reappointment for another term but in no event shall the Administrator be reappointed
for more than two (2) terms

SEC. 7. Duties of the Administrator. — The Administrator shall exercise the
following duties and responsibilities:

a) Exercise administration, management, direction, control and supervision
over the entire Authority;

b) Exercise over-all supervision and direction over the implementation of all
policies and development programs of the Authority;

c) Execute contracts, incur obligations, acquire and dispose of assets and
deliver documents on behalf of the Authority after the approval of the Board;

d) Formulate the organizational structure, operating and capital expenditures
and staffing pattern of the Authority on the basis of the highest possible standards of
merit and fitness for public servants subject to the civil service laws, rules and
regulations;

e) Implement and enforce policies, decisions, orders, rules and regulations
issued by courts and other pertinent authorities;

f) Formulate such rules and regulations for the effective management
and supervision of the Authority; and

g) Exercise such other powers and functions and perform such other duties as
may be authorized, delegated or assigned by the President.

SEC. 7. Creation of Jail and Correctional Board. — The Jail and Correctional

Board, hereinafter referred to as the Board, is hereby established to provide policy
direction and oversee the expeditious implementation of the provisions of this Act. The

Board is composed of the following:


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a) Executive Secretary, as chairperson;

b) Secretary of Justice, as co-chairperson;

c) Secretary of the Interior and Local Government, as co-chairperson:

d) Secretary of Budget and Management;

e) Secretary of Social Welfare and Development;

f) Commissioner of the Civil Service Commission;

g) Administrator of the Jail and Correctional Authority;

h) Representative from the private sector; and

i) Representative from the women sector; as members,

The Board shall meet at least twice a year, or as frequently as may be deemed
necessary by its chairperson. In case any of the department secretaries or the
Administrator cannot attend the meeting of the Board, they may be represented by an
undersecretary or deputy administrator.

The President shall appoint the representatives from the private sector and the
women sector for a term of three (3) years, subject to reappointment for another term but
in no event shall these sectoral representatives be reappointed for more than two (2)
terms. The President may revise the membership of the Jail and Correctional Board
whenever necessary for the effective and efficient performance of the Board.

SEC. 8. Powers and Functions of the Board. ~ The Board shall exercise the
following powers and functions:

a) Oversee the expeditious implementation of the provisions of this Act;

b) Formulate policies in modernizing all penal facilities in accordance
with acceptable international standards;

c) Formulate policies to prevent the operation, perpetration and continuation

of criminal activity inside and within the jails and correctional facilities;


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d) Devise means and methods to update, improve and lower the jail guard
to inmate ratio; and

e) Formulate policy and schedule on the periodic reassignment and
reshuffle of jail guards and wardens to avoid over familiarity with the penal facility
and prevent them from establishing camaraderie with the inmates;

SEC. 9. Power to Categorize Prisoners. — Upon the effectivity of this Act, the
Board shall issue such rules and regulations pertaining to the classification, commitment
and transfer of prisoners, taking into account the age, gravity of the offense, recidivism,
incorrigibility and penalty or sentence imposed upon them. The Board may use such
other factors as may help in determining to which jail they shall properly and
appropriately be placed under custody, with the end in view of decongesting the jails
and promoting the general welfare of the prisoners.

SEC. 10. Structure and Staffing Pattern. — The Administrator shall formulate
the staffing pattern of the Authority subject to the approval of the Board. Upon approval,
the authorized positions created therein shall be filled as regular appointments by the
Administrator.

In filling up the positions created, preferences are given to the incumbent
personnel of the BuCor, BJMP and local jails: Provided, That such individuals comply
with the qualification standards set by the Civil Service Commission for the positions
that they are appointed to and that no case is pending against the said incumbent
personnel: Provided, however, That if two (2) or more of such individuals possess the
same qualifications, the more senior personnel is given priority.

SEC. 11. Rank Classification. - The rank classification and the required
qualifications of the BJMP under Section 64 of Republic Act No. 6975, otherwise
known as the “Department of the Interior and Local Government Act of 1990,” is

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hereby adopted for purposes of efficient administration, management and supervision as
well as to provide a uniform classification of jail guards, wardens, correctional officers
and other uniformed personnel of the Authority.

SEC. 12. Retirement Age of Jail Guards and other Uniformed Personnel. — All
jail guards and other uniformed personnel of the Authority are considered mandatorily
retired upon reaching the age of fifty-six (56).

SEC. 13. Separation from the Service. — Employees who opt to be separated from
the service as a result of the creation of the Authority shall receive a separation pay
equivalent to two (2) times the monthly basic salary for every year of service in the
government and the refund of their personal contributions to the GSIS plus interest
including the government share, In addition, those who are qualified to retire, shall be
allowed to retire and be entitled to all the benefits provided under any of the existing
retirement laws. The miscellaneous personnel benefits, the organization adjustments and
funds from special accounts may be used to fund this purpose.

SEC. 14. Transfer of Powers and Functions. — Within six (6) months after the
approval of this Act, the powers and functions of the BuCor and BJMP are hereby
transferred to the Authority, The foregoing transfer of powers and functions shall
include all applicable funds and appropriations, records, equipment, facilities, property

and personnel,

. 15. Implementation. — The implementation of this Act shall be undertaken
in three (3) phases, to wit:

PHASE 1 — Inventory and absorption by the Authority of all personnel,
properties, equipment, records, appropriations, and finances of the transferred and
absorbed offices mentioned in Section 4 hereof, to be completed within six (6) months

from the effectivity of this Act.


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PHASE 2 — Approval by the Board of the organizational structure of the
Authority, and the preparation and filling up of its staffing pattern, transfer of the
assets to the Authority to be completed within twelve (12) months from the effectivity
date hereof

PHASE 3 — Conversion of the rank of the uniformed personnel of the defunct
BuCor into its equivalent rank and position in the Authority, and the rationalization of
compensation and retirement systems must take into consideration the existing
compensation schemes and retirement and separation benefit systems of the transferred
and absorbed offices mentioned in Section 4 hereof, ensuring that no member of the
Authority shall suffer any diminution in basic salary, longevity and incentive pays,
allowances and retirement benefits due him before the creation of the Authority, At the
end of this phase, all personnel of the Authority are issued appointment papers and the
Authority is considered fully operational.

SEC. 16. Transitory Provisions. — Upon the effectivity of this Act, the
incumbent Director General of the defunct BuCor shall exercise the duties and
functions of the Administrator and perform administrative supervision and operational
control over the transferred and absorb agencies until such time that a new
Administrator is appointed by the President.

All affected incumbent officers and personnel of the BuCor, BJMP, provincial,
sub-provincial, district, city and municipal jails shall continue to perform their official
functions until such time that the new reorganization is finalized and implemented.

Incumbent personnel whose positions are not included in the new position
structure and staffing pattern approved by the Board or who are not reappointed are
given preference to join any offices thereunder or are allowed to retire under existing
law. Otherwise, they are deemed separated from service and paid a gratuity equivalent to

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two (2) months basic salary for every year of service or a fraction thereof.

All properties, equipment and finances of the transferred and absorbed agencies,
including their respective financial and contractual accountabilities are hereby
transferred to the Authority including the functions, appropriations, funds, records,
facilities, rights, assets and liabilities,

SEC. 17. Appropriations, -The amount necessary for the initial operation of the
Authority and the implementation of the provisions of this Act shall be taken from the
current year’s appropriations of the BuCor and the BJMP and the respective LGUs with
regard the operation of provincial jails. Thereafter, such amount necessary for the
operation and maintenance of the Authority shall be included in the annual General
Appropriations Act.

SE!

. 18. Separability Clause. — In case any provision or part of this Act is
declared unconstitutional or invalid, the remaining parts or provisions not affected shall
remain in full force and effect.

SEC. 19. Repealing Clause. — All laws, presidential decrees, letters of
instructions, executive orders, rules, regulations, and other issuances or parts thereof
which are contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,