Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
`NINETEENTHCONGRESS
Second Regular Session
HoUSE BILL NO.  10511
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Introduced by Representative Jaime R. Fresnedi
EXPLANATORY NOTE
This  bill  seeks  to  address  the  pressing  need  for  a  comprehensive  legal  framework
governing the reporting and investigation of deaths and illnesses among individuals held in
detention facilities. The proposed legislation mandates the timely reporting of all deaths and
illnesses of persons Deprived of Liberty (PDLs) and Children in Conflict with the Law (CICLs)
to the Supreme Court, Executive Department, and the Commission on Human Rights (CHR).
In 2021, data released by the Bureau of Corrections (Bucor) revealed a harsh reality
with 1,166 individuals out of the total 48,501 Persons Deprived of Liberty (PDLs) recorded to
have  died  in  correctional  facilities.  This  marked  the  highest  figure  in  over  32  years.  By
September 2022, an additional 700 inmates were reported to have passed away, adding to the
growing number of deaths  in these  facilities.  Bucor attributes the  leading  causes  of death
among PDLs to old age and sickness. However, critical scrutiny is imperative, especially given
the noteworthy events of the mentioned year.
During the relentless onslaught of the COVID-19 pandemic in the year 2020, concerns
arose due to the highly suspicious circumstances surrounding the sudden deaths of high-proflle
criminals with strong connections to the drug trade. Reports indicated that these inmates, with
COVID-19 listed as their cause of death, passed away only days within of each other. This then
led the public to question the veracity of the reported cause and the circumstances leading to
their demise. In 2022, it was reported that the middleman aliegediy involved in the death of
veteran broadcaster Percy Lapid died while in custody at the New Bilibid Prison.
This current situation pervading in our correctional facilities must not be allowed to
continue   to  persist.   Our  country   would  be   at  the  risk   of  betraying   our  intemational
commitments with the lntemational Covenant on Civil and Political Rights (ICCPR), the UN
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(UN CAT) and its Optional Protocol (OPCAT) and other international laws that serve to protect
the rights of pDLs. According to the CHR, we have the primary responsibility of ensuring that
our PDLs are guaranteed a humane correctional environment through the United Nations (UN)
Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), UN Rules for the
Treatment  of  Women  Prisoners  and  Non-custodial  Measures  of  Women  Offenders  (the
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Bangkok Rules) and the IN Rules for the Protection of Juveniles Deprived of their Liberty
(the Havana Rules).
Inlightofthesetroublingtrends,theDeathinCustodyReportingActstandsasacrucial
step  towards  addressing  the  existing  gaps  in  the  legal  framework  that  CHR  has  strongly
recommended us to address. It aims to establish a system that not only mandates reporting to
relevant authorities but also ensures prompt, impartial investigations into suspicious deaths.
Inviewoftheforegoing,theimmediatepassageofthisbillisearnestlysought.
Lone District, Muntinlupa City
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HouSEBILLNo.10511
Introduced by Rep. Jaine R. Fresnedi
AN ACT
MANDATING TIIE REPORTING OF DEATHS 0F PERSONS DEPRIVED 0F LIBERTY
AND DETAINED CHILDREN IN CONFLICT WITH THE LAW, PENALIZING NON-
REPORTING AND FALSE REPORTING OF DEATHS TIIEREOF, AN-D FOR OTHER
puRrosEs
Be it enacted by the Senate and the House Of Representatives Of the Philippines in Congress
assembled:
SECTION 1. S7Iorf rj.f/e. -This Act shall be known as the "Death in Custody Reporting Act."
Sec. 2. Dec/crrcr/j.o# a/Po/jc)/. -It is declared poliey of the State to ensure that the execution of
sentences is properly and completely served, within the bounds of the law.  Furthermore, it is in the
interest of the  State to  investigate all  suspicious deaths of persons  in  custody to  ensure the proper
dispensation of justice.  For this purpose,  sufficient mechanisms for proper mohitoring of deaths in
custody shall be in place.
Sec. 3 . De¢72i./jo# a/re777cs. -As used in this Act:
a)           Children in conflict with the law (CICL) refers to a detained child who is accused of
or adjudged as, having committed an offense under Philippine laws;
b)          Persons Deprived of Liberty (PDL) refers to a person who has been arrested, held in
lawful custody, or detained, or imprisoned awaiting or pending trial, or execution of a lawful sentence;
c)          Jail refers to a place of confinement for inmates under investigation or undergoing ulal,
or serving shortrteim sentences. Jails include provincial, district, city and municipal jails managed and
supervised by the Provincial Government and the Bureau of Jail Management and Penology (BJMP),
respectively, which are both under the Dapartrnent of Interior and Local Government (DILG);
d)   Prison refers to the national prisons or penitentiaries managed and supervised by the Bureau
of corrections (Bucor), an agency under the Department of Justice.


e)    Suspicious circumstances refer to situations which would lead a reasonable man, based on
his skills, experiences or understanding of the circumstances, that there is a possibility that
the death of a PDL or CICL is fictitious or caused by unlawful means.
f)     Youth Deter`LtiopL Home refers to a 24-hour child-carirTLg ipLstitutiopL managed by accredited
local government units (LGUs) and licensed and accredited non-government organizations
(NGOs) providing short-term residential care for CICL who are awaiting court disposition
of their cases or transfer to other agencies or jurisdictions.
g)   Youth Rehabilitation Center refers to a 24-hour residential care facility managed by the
Departmen`t of Social Welfare and Developmeri.t (DSWD), I.,GUs,  licensed or ac,c,redited
NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services
for CICL. Rehabilitation services are provided under the guidance of a trained staff, where
residents are cared for under a structured therapeutic environment, with the end view of
reintegrating them into their families and communities as socially functioning individuals.
Physical mobility of residents of said centers may be restricted pending court disposition
of the charges against them.
Sec. 4. JEepor/f.#g c7/Dec7f4 JH/orwc7/7.oH. -The Bucor, the BJMP, wardens of the provincial jails
and heads of youth detention homes and youth rehabilitation centers shall submit the following:
a)    Report to the Executive -A monthly report to the DOJ, DILG and DSWD on the deaths of
PDLs or CICLs: Provz.dec7, That in case the PDL or CICL has been charged or convicted of
a heinous crime, jiec/-#sj-o72 perpe/#c} or lil-e imprisonment, the Bucor, BJMP, wardens of
the provincial jails and heads of youth detention homes and youth rehabilitation centers
shall notify the DOJ, DILG and DSWD immediately upon the death of the PDL or CICL,
through both modem and traditional communication means and devices;
b)   Report to the Supreme Court. -A report to the Supreme Court, through the Office of the
Court Administrator, immediately upon the death of pDLs and CICLs charged or convicted
of a heinous crime, 7iec/#sz.o# peJpw/c/c7 or life imprisonment; and
c)   Report  to  the  Commission  on  Human  Rights  (CIR).  -  The  reports  required  under
paragraphs (a) and (b) of this Section shall likewise be submitted to the CIR.
Sec. 5 . JJ?/or"c}/z.o# jteg#z.rec7. -The reports required under Section 4 shall contain information
that includes:
a)    The name, gender, race, ethnicity and age of the deceased;
b)    The date, time and location of death;
c)    The law enforcement agency that detained, arrested or was in the process of arresting the
deceased;
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d)   A brief description of the circumstances surrounding the death; and
e)    Other details as may be required by the implementing rules and regulations.
Sec.  6. j4w/o"¢/i.c J#vcs/i.grfz.o#.  - The  DOJ,  through the National  Bureau  of Investigation
(NBI),  shall  conduct  7„of#  p7iapz.o  automatic  investigation  of  PDLs  and  CICLs  who  died  under
suspicious circumstances.  Suspicious deaths  in custody must be  investigated promptly by the DOJ,
through the NBI, regardless of whether the relatives of the deceased requested it. The main purpose of
the investigation is to clarify the circumstances surrounding the death of the PDLs and CICLs. The
investigation must seek, at least, to:
a)    Obtain and preserve physical and dociunenta!ry evidence i.n. connection with the death. of
the PDL and CICL;
b)    Identify the deceased;
c)    Identify possible witnesses and record their statements;
d)   Determine the extent of involvement of all those implicated in the death;
e)    Establish the cause, manner, place and time of death, as well as any pattern of practice that
may have caused it;
a    Differentiate between natural death, accidental death, suicide and homicide. The scene of
death  should  be  regarded  as  potentially  a  crime  scene,  especially  if the  death  was
unexpected or under suspicious circumstances. The families of the PDL or CICL should be
kept abreast of the progress and findings of the investigation. The body of the deceased
shall be returned to the next of kin in a manner that is fully respectful of the dignity of the
deceased, upon completion of all post-mortem examinations essential to the investigation.
See.  7.  Co#¢7`rmcz/ory Ccz#se o/Deczrfe cz7cc7.4#/ays);.  -A thorough autopsy, by a representative
of the Department of Health (DOH), in mandatory in cases where the deceased PDL or CICL has been
charged or convicted of a heinous crime, reclusion pexpetua or life imprisonment or one who died under
suspicious circumstances. A complete death certificate  shall be  issued to the next of kin as soon as
possible after the death.
See.  8.  Disposition  Of Cadaver  in  times  Of  Public  Health  Emergency.  - The  mandaitory
cremation of the cadaver of a PDL or CICL, when public health requires as determined by the DOH,
shall be witnessed by the relatives of the deceased, not exceeding four (4), if any, a representative of
the DOH and as may be applicable, a representative of the DOJ, DILG or DSWD: Provj.c7ec7,  That in
case the PDL or the CICL has been charged or convicted of a heinous crime, rec/wcz.o73 perpe/wcz or life
imprisonment, the cremation shall also be witnessed by members of the media, not exceeding ten ( 10).
Sec. 9. IVo/JJ}cc}JJ.o7! o/Sj.c* or Deczc7 PD£. -Whenever a PDL or a CICL is critically ill or dies,
the prison medical officer shall report the matter to the  Superintendent, who in turn shall notify the
inmate's family immediately, by the fastest means of comm.unication a`,Jailable. Failure to comply v,Jith
the legal duty herein required shall render the Superintendent or such other officer in charge liable to
civil charges.
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See. \0. Violations and Penalties.
a)   Non-reporting.  - Any  official,  head  or  officer-in-charge  of bureaus,  penal  institutions,
detention and rehabilitation centers, who violates Section 4 of this Act or any responsible
officer who  participated  in the  commission  of the  crime  or who  shall  have  knowingly
permitted the  omission  shall,  upon  conviction  by  fmal judgment,  suffer the  penalty  of
imprisonment of not less than six (6) years but not more than twelve (12) years and a fine
of not less than Five Hundred Thousand pesos (P500,000.00) but not more than one Million
pesos (P1,000,000.00) at the discretion of the proper court.
b)   False Reporting. -In addition to the penalties prescribed in Articles 223, 224 and 225 of
tuhe Revised PepLal Code, as ame.n,ded, any person. who shall make or cause to be .Tr.`.ade a
false or fictitious report of the death of a living PDL or a CICL, with the intent of letting
the PDL or CICL escape, shall be guilty of false reporting and shall be punished by:
1.    Life imprisonment in case the PDL or CICL has been convicted of a heinous crime
or is sentenced to life imprisonment or reclusion peapetua and   a fine of not less
than  Two  million  pesos  (P2,000,000.00)  but  not  more  than  Five  million  pesos
(P5'000'000.00).
2.    Imprisonment of not less than twelve (12) years but not more than fifteen (15) years
in case the PDL or CICL has been convicted of any crime other than those stated
in subsection (b)(1) and a fine of not less than One million pesos (P1,000,000.00)
but not more than Three million pesos (P3,000,000.00).
3.    Imprisonment of not less than six (6) years but not more than twelve (12) years in
case the PDL or CICL has not been convicted by final judgment and a fine of not
less  than  Five  hundred  thousand  pesos  (P500,000.00)  but  not  more  than  One
million pesos (P 1,000,000.00).
Any person who participated in or facilitated the commission of the false reporting or
who shall .hLave knowingly permitted the commission thereof, shall be liable as principals and
shall suffer the penalties imposed in subsection (b) hereof.
Sec.  11. 4pp7iaprj.c7f7.o#s. -The amount necessary to effectively implement the provision of
this  Act  shall  be  included  in  the  armual  General  Appropriations  Act.  The  priority  will  be  the
digitalization of all the PDL and CICL's record, including the corresponding training to operationalize
the established system.
See. 12. Implementing Rules and Regulations  (IRR). -Wi+him one hundred t`hienty (120)
days from effectiveness of this Act, the DOJ and DILG, in coordination with the BJMP and Bucor.
shall jointly promulgate the rules and regulations necessary for the effective implementation of this
Act.
Sec.  13. Scparc7bz./J.ty C/czwJe.  -If any portion of this Act is declared unconstitutional or
invalid, the portions or provisions which are not affected shall continue to be iri. full force and effect.
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Sec.  14. jzepecz/J.ng C/czzA§e. -All laws, decrees and orders inconsistent with the provisions
of this Act shall be considered amended or modified accordingly.
Sec.  15.  ELTec/J.vJ.ty  C/cz#se.  -This Act  shall  take  effect  fifteen  (15)  days  following  its
complete publication in the O;orcj.cz/ Gczzeffe or in two (2) national newspapers of general circulation
in the Philippines.
Approved,
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