04 FEB 2013
Republic of the Philippines \ Fin Pu
HOUSE OF REPRESENTATIVES - pel

Quezon City \ Papel

FIFTEENTH CONGRESS .

Third Regular Session
2675
COMMITTEE REPORT NO.

Submitted by the Committee on Justice and the Committee on Appropriations on
4 FEB 2613
Re: House Bill No. 6887

Recommending its approval in substitution of House Bill Nos. 197, 712, 2880, 4619,
4766, 5546, 5741, 5926, and House Resolution No. 1327

Sponsors: Representatives Niel C. Tupas, Jr., Jocelyn S. Limkaichong, Roilo Golez,
Bernadette Herrera-Dy, Rufus B. Rodriguez, Rodolfo G. Biazon, Joseph
Victor G. Ejercito, Danilo E. Suarez, Ranulfo P. “Dodong” Canonigo,
Rodel M. Batocabe, and Leopoldo N. Bataoil

Mr. Speaker:

The Committee on Justice and the Committee on Appropriations, to which were
referred House Bill No. 197, introduced by Representative Roilo Golez, entitled:

“AN ACT
PROVIDING FOR THE MODERNIZATION OF THE BUREAU OF
CORRECTIONS (BuCor) PROVIDING THE FUNDS THEREOF AND.
FOR OTHER PURPOSES”,

House Bill No. 712, introduced by Representatives Rufus B. Rodriguez and Maximo B.
Rodriguez, Jr., entitled:
“AN ACT
CREATING A BUREAU OF CORRECTIONS TECHNICAL INSTITUTE
(BCTI) WITHIN THE NEW BILIBID PRISONS (NBP) RESERVATION


AND THE CORRECTIONAL INSTITUTION FOR WOMEN (CIW),
AND APPROPRIATING FUNDS THEREFOR”,

House Bill No. 2880, introduced by Representative Joseph Victor G. Fjercito, entitled:

“AN ACT
STREAMLINING THE BUREAU OF CORRECTIONS BUREAUCRACY
AND APPROPRIATING FUNDS THEREFOR”,

House Bill No. 4619, introduced by Representative Rodolfo G. Biazon, entitled:

“AN ACT
TO MODERNIZE THE BUREAU OF CORRECTIONS, PROVIDING
FUNDS THEREFOR AND FOR OTHER PURPOSES”,

House Bill No. 4766, introduced by Representative Danilo E. Suarez, entitled:

“AN ACT
MANDATING THE DEPARTMENT OF JUSTICE TO SELL THE NEW
BILIBID PRISONS AND FROM THE PROCEEDS THEREOF TO
ACQUIRE FOUR NEW PRISON FACILITIES TO BE LOCATED IN
LUZON, VISAYAS, MINDANAO, AND THE NATIONAL CAPITAL
REGION”,

House Bill No. 5546, introduced by Representative Ranulfo P. “Dodong” Canonigo,
entitled

“AN ACT
ESTABLISHING THREE ADDITIONAL PENAL INSTITUTIONS IN
LUZON, VISAYAS AND MINDANAO, AND APPROPRIATING
FUNDS THEREFOR”,

House Bill No. 5741, introduced by Representatives Christopher S. Co and Rodel M.
Batocabe, entitled:

“AN ACT
PROVIDING FOR THE ESTABLISHMENT OF A HIGH-PROFILE
CRIME DETENTION CENTER UNDER THE BUREAU OF
CORRECTIONS, PROVIDING FUNDS THEREOF AND FOR OTHER
PURPOSES”,


House Bill No. 5926, introduced by Representative Bernadette Herrera-Dy, entitled

“AN ACT
STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR)
AND PROVIDING FUNDS THEREFOR”,

and House Resolution No. 1327, introduced by Representatives Leopoldo N. Bataoil,
Edcel C, Lagman, Jose S. Aquino Il, Erico B. Aumentado, Catalina C. Bagasina, Marc
Douglas C. Cagas IV, Simeon A. Datumanong, Ma. Milagros H. Magsaysay, Reena
Concepcion G. Obillo, Carlos M. Padilla, Mohammed Hussein P. Pangandaman, Philip
A. Pichay, Elmer E. Panotes, and Ma. Amelita C. Villarosa, entitled:

“RESOLUTION
DIRECTING THE COMMITTEE ON JUSTICE TO CONDUCT AN
INVESTIGATION, IN AID OF LEGISLATION, ON ANOMALIES
AND IRREGULARITIES COMMITTED WITHIN THE NEW BILIBID
PRISON COMPOUND UNDER THE MANAGEMENT OF THE
BUREAU OF CORRECTIONS”

have considered the said measures and recommend that the attached House Bill No,
688? - entitted:

“AN ACT
STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR)
AND PROVIDING FUNDS THEREFOR”

be approved in substitution of House Bill Nos. 197, 712, 2880, 4619, 4766, 5546, 5741,
5926 and House Resolution No. 1327, with Representatives Roilo 8. Golez, Bernadette
Herrera-Dy, Niel C. Tupas, Jr, Rufus B. Rodriguez, Rodolfo G. Biazon, Maximo B.
Rodriguez, Jr., Joseph Victor G. Ejercito, Danilo E. Suarez, Ranulfo P. “Dodong”
Canonigo, Christopher S. Co, Rodel M. Batocabe, Leopoldo N. Bataoil, Fdcel C.
Lagman, Jose S. Aquino II, Erico B. Aumentado, Catalina C. Bagasina, Marc Douglas C.
Cagas IV, Simeon A. Datumanong, Ma. Milagros H. Magsaysay, Reena Concepcion G.
Obillo, Carlos M. Padilla, Mohammed Hussein P. Pangandaman, Philip A. Pichay,
Elmer E. Panotes, Ma. Amelita C. Villarosa, George P. Arnaiz, Emmeline Y. Aglipay and
David L. Kho, Jocelyn S. Limkaichong, Lani Mercado-Revilla, Emi G. Calixto-Rubiano,
Mel Senen S. Sarmiento, Cresente C. Paez, and Rodolfo B. Albano, as authors thereof.


Respectfully submitted,

JOCELYN S.
Chairpd

Chairperson
Committee on Appropriations Committee on Justice

The Honorable

‘The Speaker

House of Representatives
Quezon City


neem) aac ate Pe neers Pecret Aik AEE Eos

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Third Regular Session

”
House Bit No,__°88"

Introduced by Honorables Roilo $. Golez, Bernadette Herrera-Dy, Niel C. Tupas, Jr,
Rufus B. Rodriguez, Rodolfo G. Biazon, Maximo B. Rodriguez, Jr., Joseph Victor G.
Fjercito, Danilo E. Suarez, Ranulfo P. “Dodong” Canonigo, Christopher S. Co, Rodel M
Batocabe, Leopoldo N. Bataoil, Edcel C. Lagman, Jose S. Aquino Il, Erico B.
Aumentado, Catalina C. Bagasina, Mare Douglas C. Cagas IV, Simeon A. Datumanong,
Ma. Milagros H. Magsaysay, Reena Concepcion G. Obillo, Carlos M. Padilla,
Mohammed Hussein P. Pangandaman, Philip A. Pichay, Elmer E. Panotes, Ma. Amelita
C, Villarosa, George P. Arnaiz, Emmeline Y. Aglipay and David L. Kho, Jocelyn S.
Limkaichong, Lani Mercado-Revilla, Emi G. Calixto-Rubiano, Mel Senen S. Sarmiento,
Cresente C, Paez, and Rodolfo B. Albano

AN ACT
STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR) AND
PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the "The Bureau of
Corrections Act of 2013",

SEC. 2, Declaration of Policy. - It is the policy of the State to promote the
general welfare and safeguard the basic rights of every prisoner incarcerated in our
national penitentiary. It also recognizes the responsibility of the State to strengthen
government capability aimed towards the institutionalization of highly efficient and
competent correctional services.


OYOHAkwON>

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Towards this end, the State shall provide for the modernization,

professionalization and restructuring of the BuCor by upgrading its facilities, increasing
the number of its personnel, upgrading the level of qualifications of their personnel and
standardizing their base pay, retirement and other benefits, making it at par with that of
the Bureau of Jail Management and Penology (BJMP).

SEC. 3. Definition of Terms. - (1) Safekeeping, which is the custodial component
of BuCor's present corrections system, shall refer to the act that ensures the public
(including families of inmates and their victims) that national inmates are provided
with their basic needs, completely incapacitated from further committing criminal acts,
and have been totally cut-off from their criminal networks (or contacts in the free
society) while serving sentence inside the premises of the national penitentiary. This
Act also includes protection against illegal organized armed groups which have the
capacity of launching an attack on any prison camp of the national penitentiary to
rescue their convicted comrade or to forcibly amass firearms issued to prison guards.

(2) Reformation, which is the rehabilitation component of BuCor's present
corrections system, shall refer to the acts which ensure the public (including families of
inmates and their victims) that released national inmates are no longer harmful to the
community by becoming reformed individuals prepared to live a normal and
productive life upon reintegration to the mainstream society.

SEC. 4, The Mandates of the Bureau of Corrections. - The BuCor shall be in
charge of safekeeping and instituting reformation programs to national inmates
sentenced to more than three (3) years.

(1) Safekeeping of National Inmates - The safekeeping of inmates shall include
decent provision of quarters, food, water, and clothing in compliance with established
United Nations standards. The security of the inmates shall be undertaken by the
Custodial Force consisting of Corrections Officers with a ranking system and salary
grades similar to its counterpart in the BJMP.

(2) Reformation of National Inmates - The Reformation Programs which will be
instituted by the BuCor for the Inmates shall be the following:

(a) Moral & Spiritual Program;
(b) Education & Training Program;

(c) Work & Livelihood Program;

(d) Sports & Recreation Program;

(c) Health & Welfare Program; and

( Behavior Modification Program to include Therapeutic Community

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(3) The Reformation Programs shall be undertaken by Professional Reformation
Personnel consisting of Corrections Technical Officers with ranking system and salary
grades similar to Corrections Officers.

(a) Correctional Technical Officers (CTO) are personnel employed in the
implementation of reformation programs and those personnel whose nature of work
requires proximate or direct contact with inmates;

(b) Correctional Technical Officers include priests, evangelists, pastors, teachers,
instructors, professors, vocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, _ therapists,
psychologists, psychiatrists, sociologists, social workers, engineers, electricians,
agriculturist, veterinarians, lawyers and similar professional skills relevant to the
implementation of inmate reformation programs.

SEC. 5. Operations of the Bureau of Corrections.- (1) The BuCor shall operate
with a directorial structure. It shall undertake reception of inmates through its
Directorate for Reception and Diagnostics (DRD) formerly Reception and Diagnostic
Center (RDC), provide basic needs and security through its Security and Operations
Directorates, administer reformation programs through its Reformation Directorates,
and prepare inmate for reintegration to mainstream society through its Directorate for
External Relations (DER) formerly External Relations Division (ERD).

(2) The DRD shall be responsible for the conduct of classification of each and
every inmate admitted to the Bureau of Corrections. Inmates shall be classified
according to security risk and sentence. Included in the classification is determining
inmate's certain skills or talents, physical, spiritual, social, mental and psychological
evaluation and other behavioral assessments, as reference of DRD in the preparation of
individual Inmate Reformation Programs.

(3) Aside from those borne of the provisions under Rule 8, Part I. Rules of
General Application of the United Nations Standard Minimum Rules for the Treatment
of Prisoners and that of the existing regulation of the Bureau on security classification
(ie, Maximum, Medium and Minimum Security Risk), inmates shall also be internally
classified by DRD and segregated according to crimes committed based on the related
penal codes such as Crimes Against Persons, Crimes Against Properties, Crimes
Against Chastity, so on and so forth, as well as by other related Special Laws, Custom
and Immigration Laws.

(4) From DRD, the Custodial Force and Reformation Personnel of respective
security institutions/camps shall be in charge for the security and the implementation
of the recommended Inmate Reformation Program of each and every inmate while

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serving sentence, respectively

5) The Directorate for External Relations (DER) shall be responsible for pre-
release and post-release programs of inmates due for release. The DER shall also
classify inmates according to skills acquired for referral and endorsement to
appropriate companies or corporations participating in BuCor On-The-Job Training
Programs for newly reformed inmates. ERD shall also evaluate, classify, and apply
necessary programs to inmates for readiness to join the mainstream society upon

release.

(6) Apart from handling inmates, BuCor shall administratively operate like a
standard government agency through its Administrative Directorates with intemal

control and internal audit units.

(7) BuCor shall employ full computerization in the build-up, maintenance and
transmittal of necessary inmate records to all its Prison and Penal Farms and other
recipient agencies (i.e. Board of Pardons and Parole).

SEC. 6. Lands of the Bureau of Corrections. - (1) Aside from administrative
purposes, all BuCor Lands shall be used for inmate security, reformation programs,
and as a means to promote sustainability, both for income and non-income generating
programs, with or without partnership among NGO's, civic organizations or other
government entities.

(2) As a way to maximize its assets' value for the effective and extensive
reformation (corrections) programs for national inmates, BuCor shall have the absolute
authority to design, formulate and implement land-use development plans and policies.

(3) BuCor may propose additional Penal Farms as may be necessary as possible,
aside from its existing seven (7) Prison and Penal Farms to decongest existing penal
institutions and accommodate the increasing number of inmates committed to the

agency.

(4) All BuCor Lands shall have a Certificate of Title registered under its name.

SEC. 7. Facilities of the Bureau of Corrections. - BuCor shall operate with
standard and uniform design of Prison Facilities, Reformation Facilities, and
Administrative Facilities, through all the operating Prison and Penal Farms such as the

following;

(a) Dormitory;


(b) Administration Building;

(c) Perimeter/Security Fences;

(d) Hospital /Infirmary;

(ce) Recreation/ Multipurpose Hall;
() Training/Lecture Center;

(g) Workshop Facility;

(h) Mess Hall/Kitchen;

(i) Visiting Area;

(j) Water tank and Pump;

(k) Reception and Diagnostic Center; and
(l) Service Personnel Facilities

SEC. 8. Supervision of the Bureau of Corrections. - The Department of Justice
(DO), having the BuCor as a line bureau and a constituent unit, shall maintain a
relationship of administrative supervision with the latter as defined under Section 38
(2), Chapter 7, Book IV of E.O. No. 292 (Administrative Code of 1987), except that the
DOJ shall retain authority over the power to review, reverse, revise, or modify the
decisions of the BuCor in the exercise of its regulatory or quasi-judicial functions.

SEC. 9. Organization and Key Positions of the BuCor. - (1) The BuCor shall be
headed by a Director who shall be assisted by three (3) Deputy Directors, one (1) for
administration, one (1) for security and operations and one (1) for reformation, all of
whom shall be appointed by the President upon recommendation of the Secretary of the
DOJ. Provided, that the Director and Deputy Directors of BuCor shall serve a tour of
duty not to exceed six (6) years from date of appointment: Provided further, however,
that in times of war or other national emergency declared by Congress, the President
may extend such tour of duty.

(2) The Head of the BuCor with the rank of Undersecretary shall have the
position and title of Director General of Corrections. The second officers in command of
the BuCor, with the rank of Assistant Secretary, shall have the position and title of
Deputy Directors of Corrections. The third officer in command of the BuCor, with the
rank of chief superintendent, shall have the position and title of Corrections Chief
Superintendent. The fourth officer in command of the BuCor, with the rank of senior
superintendent, shall have the position and title of Corrections Senior Superintendent.
The fifth officer in command of the BuCor, with the rank of Superintendent, shall have
the position and title of Corrections Superintendent.

(3) The DBM shall rationalize the existing organizational structure and staffing
pattern of the BuCor in accordance with the provisions of this Act and relevant

compensation and position classification laws, rules and regulations.

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Secor] ,4 kw

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SEC. 10. Increase of Personnel. - BuCor shall maintain the custodial personnel-to-

inmate ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24. Hence, it is
authorized to increase its manpower to meet such ratio and may continue to increase
personnel per percentage rate increase of committed inmates annually or as the need

SEC. 11. Professionalization and Upgrading of Qualification Standards in the

Appointment of BuCor Personnel. - (1) No person shall be appointed as personnel of the
BuCor unless one possesses the following minimum qualifications

(a) A citizen of the Republic of the Philippines; ¥
(b) A person of good moral character;

(c) Must have passed the psychiatric/ psychological, drug and physical test for
the purpose of determining his/her physical and mental health;

(d) Must possess a baccalaureate degree from a recognized learning institution;
(e) Must possess the appropriate civil service eligibility;

(f) Must not have been dishonorably discharged or dismissed for cause from
previous employment;

(g) Must not have been convicted by final judgment of an offense or crime
involving moral turpitude; and

(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for
male, and one meter and fifty-seven centimeters (1.57 m.) for female: Provided,
That a waiver for height and age requirement\s may be granted to applicants
belonging to the cultural communities:

Provided, That a new applicant must not be less than twenty one (21) or more

than forty (40) years of age. Except for this particular provision, the above-enumerated
qualifications shall be continuing in character and an absence of anyone of them at any
given time shall be ground for separation or retirement from the service: Provided,
further, That those who are already in the service upon the effectivity of this Act shall be
given five (5) years from date of such effectivity to obtain the minimum educational
qualification and eligibi

with subsidiary assistance provided for in this Act.

(2) After the lapse of the period for the satisfaction of a specific requirement,

incumbent personnel of the BuCor who fail to satisfy any of the requirements
enumerated under this Section shall be separated from the service if they are below fifty
(60) years of age and have served in the government for less than twenty (20) years, or
retired if they are age fifty (50) and above and have served in the government for at
least twenty (20) years without prejudice in either case to the payment of benefits they
may be entitled to under existing laws.

(3) For sustained professionalism in the service, BuCor is directed to conduct

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study for the feasible establishment of the Philippine Corrections Academy, patterned
after the Philippine National Police Academy (PNPA) of PNP and the Philippine
Military Academy (PMA) of the Armed Forces of Philippines (AFP) for its
commissioned officers.

(4) BuCor shall continue training its personnel through its Personnel Training
School, which shall be renamed as Corrections Training School/ Institute patterned after
BJMP's Jail National Training Institute (JNTI), the Bureau of Fire's Fire National
Training Institute (FNTI) and the PNP’s National Training Institute (PNTI).

SEC. 12, Appointment of Personnel to the BuCor. - The appointment of the
BuCor shall be effected in the following manners:

(a) Corrections Officer I to Corrections Chief Superintendent. - Appointed by the
Director General of Corrections, and attested by the Civil Service Commission (CSC);
and

(b) Director General of Corrections and Deputy Director of Corrections.
Appointed by the President upon recommendation of the Secretary of the DOJ, with the
proper endorsement by the Chairman of the Civil Service Commission.

SEC. 13. Lateral Entry of Officer into the BuCor. - In general, all original
appointments of officers in the Bureau of Corrections shall commence with the rank of
Corrections Inspector wherein applicants for lateral entry into the BuCor shall include
all those with highly specialized and technical qualifications such as, but not limited to,
civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemist,
architects, criminologists, certified public accountants, nurses, physical therapists,
dentists, social workers, psychologists, sociologists, guidance counselors, and teachers.
Doctor of Medicine, members of the Philippine Bar and chaplains shall be appointed to
the rank of corrections senior inspector in their particular technical service.

SEC. 14. Professionalization and Upgrading of Qualification Standards in the
Designation of Personnel of the BuCor to Key Positions. -

(a) No person shall be designated to the following key positions of the BuCor
unless one has met the qualifications provided therein:

(1) Sub-Colony Supervisor - Should have the rank of senior inspector, who
have finished at least second year Bachelor of Laws or earned at least twelve (12)
units in a master's degree program in management, public administration, public

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Seort 9HAR ONS

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safety, criminology, penology, sociology, national security administration,
defense studies, or other related disciplines from a recognized institution of
learning, and must have satisfactorily passed the necessary training or career
courses for such position as may be established by BuCor;

(2) Colony Assistant Superintendent. - Should have the rank of chief
inspector, who must have finished at least second year Bachelor of Laws or
earned at least twenty four (24) units in a master's degree program in
management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or related disciplines
from a recognized institution of learning and must have satisfactorily passed the
necessary training or career courses for such position as may be established by

the BuCor;

(3) Colony Superintendent. - Should have the rank of superintendent, who
must be a graduate of Bachelor of Laws or a holder of a master's 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 have satisfactorily
passed the necessary training or career courses for such position as may be
established by the BuCor: Provided, That in prison and penal farms with an
inmate population of two thousand (2,000) but below three thousand (3,000) the
Colony Superintendent shall have the rank and qualification of a Colony Senior
Superintendent;

(4) Regional Superintendent - Should have the rank of senior
superintendent or chief superintendent, who must be a graduate of Bachelor of
Laws or a holder of a master's degree in management, public administration,
public safety, criminology, penology, sociology, national security administratlon,
defense studies or other related discipline from a recognized institution of
learning, and must have satisfactorily passed the necessary training or career
courses for such position as may be established by the BuCor: Provided, That in
prison and penal farms with an inmate population of three thousand (3,000) but
below five thousand (5,000), the Regional Superintendent shall have the rank and
qualification of a Colony Senior Superintendent; Provided, further, That in prison
and penal farms with an inmate population of over five thousand (5,000), the
Regional Superintendent shall have the rank and qualification of a Chief
Superintendent;

Any personnel of the BuCor who is currently occupying such position but
lacks any of the qualifications mentioned therein shall be given five (5) years to
comply with the requirements, otherwise the personnel shall be relieved from
the position.



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SEC. 15. Professionalization and Qualifications Upgrading Program: - The DOJ
shall design and establish a professionalization and qualifications upgrading program
for personnel of the BuCor in coordination with the CSC and the Commission on
Higher Education (CHED) though an off-campus education program or other similar

programs within ninety (90) days from the effectivity of this Act

SEC. 16. Attrition System for the Personnel of the BuCor. - There shall be
established a system of attrition for the personnel of the BuCar within five (5) years
from the effectivity of this Act to be submitted by said bureau to the DOJ for approval.
Such attrition system shall include, but is not limited to, the provision of the following
principles:

(a) Attrition by Demotion in Position or Rank. - Any personnel of the BuCor who
is relieved and assigned to a position lower than what is established for the grade in the
respective staffing pattern, and who shall not be assigned to a position commensurate
to one's grade within two (2) years after such demotion in position shall be separated or

retired from the service;

(b) Attrition by Non-Promotion. - Any personnel of the BuCor who has not been
promoted far a continuous period of ten (10) years shall be separated or retired from the
service, except for those who are occupying a third-level position;

(6) Attrition by Other Means, - Any personnel of the BuCor with at least five (5)
years of accumulated active service shall be separated from the service based on any of
the following factors:

(1) Inefficiency based on poor performance during the last two (2)
successive semestral rating periods;

(2) Inefficiency based on poor performance for three (3) cumulative
semestral rating periods;

(3) Physical and/or mental incapacity to perform one’s duties and
functions; or

(4) Failure to complete the required career courses and/or appropriate
civil service eligibility for his/her position except"for justifiable cause or reason;
and

(d) Separation or Retirement from the BuCor under this Section. - Any personnel

who is dismissed from the BuCor pursuant to the above-enumerated principles in this
Section shall be separated if one’s has rendered less than twenty (20) years of service,

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ed at least twenty (20) years of service unless the

and be retired if one’s has ren
concerned personnel is disqualified by law to receive such benefits

SEC. 17. Promotion System for the Personnel of the BuCor. - Within six (6)
months after the effectivity of this Act, the BuCor shall establish a system of promotion
for the personnel of the BuCor through the following principles:

(a) Rationalized Promotion System. - The system of promotion shall be based on
merits and on the availability of vacant ranks in the BuCor staffing pattern. Such system
shall be gender-fair so as to ensure that women personnel of the BuCor shall enjoy
equal opportunity for promotion as to men;

(b) Requirements for Promotion. ~

(1) Any personnel of the BuCor shall not be eligible for promotion to a
higher rank unless one’s has met the minimum qualification standards or the
appropriate civil service eligibility set by the CSC, and has satisfactorily passed
the required psychiatric/ psychological, drug and physical test; and

(2) Any personnel of the BuCor who has exhibited acts of conspicuous
courage and gallantry at the risk one's life above and beyond the call of duty, or
selected as such in a nationwide search conducted by any accredited civic
organization, shall be promoted to the next higher rank, Provided, That these shall
be validated by the DOJ and the CSC based on established criteria.

SEC. 18. Performance Evaluation System. - (1) There shall be established a
performance evaluation system which shall be administered in accordance with the
tules, regulations and standards, and a code of conduct for the personnel of the BuCor
to be promulgated by the bureau through the DOJ. Such performance evaluation
system shall be administered in such a way as to foster the improvement of the
individual efficiency and behavioral discipline as well as the promotion of
organizational effectiveness and commitment to public service.

(2) The rating system as contemplated herein shall be based on standards
prescribed by the BuCor through the DOJ and shall be considered the result of the
annual psychiatric/ psychological and physical test conducted on the personnel of the
BuCor,

SEC. 19. Standardization of the Base Pay and Other Benefits of the Uniformed
Personnel of the BuCor. - In order to enhance the general welfare, commitment to

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service and professionalism, the following are considered uniformed personnel of the
Bucor:

REFORMATION RANK

‘CUSTODIAL RANK L
Corrections Chief Superintendent |
Corrections Senior Superintendent _|

Corrections Technical Senior Superintendent

Corrections Superintendent | Corrections Technical Superintendent _
Corrections Chief Inspector __| Corrections Technical Chief Inspector =
| Corrections Senior Inspector | Corrections Technical Senior Inspector
Corrections Inspector | Corrections Technical Inspector
| Corrections Senior Officer IV___| Corrections Technical Senior Officer 1V

nior Officer IIT | Corrections Technical Senior Officer IN

Correction:
| Corrections Senior Officer I____| Corrections Technical Senior Officer I]
Corrections Senior Officer I Corrections Technical Senior Officer I

Corrections Technical Officer IMT :
wns Technical Officer I] |
jons Technical Officer I

rections Officer II
‘ections Officer 1

‘The Department of Budget and Management shall determine the equivalent rank
of the uniformed personnel of the Bucor patterned after the existing ranks of the
military and uniformed personnel of other departments.

The base pay, allowances and other benefits of the above-mentioned personnel
shall be in accordance with the existing compensation and position clasification laws
and regulations.

SEC. 20. Retirement Benefits. - Upon compulsory retirement, any custodial
officer from the rank of Corrections Chief Superintendent and below shall be entitled to
retirement benefits computed on the basis of one grade higher than the position last
held: Provided, That the retirement pay shall be subject to adjustment/s based on the
prevailing scale of base pay of the uniformed personnel in the active service.

SEC. 21. Funding Source. -- The funds required for the implementation of this Act
including personnel benefits shall be taken from the budget of the Bureau of
Corrections for the current fiscal year and also from the following:

(1) Collections from clearances and certification fees;
(2) Income from institutional projects subject to MOAs, contracts or Joint Venture
Agreements; and
(3) Other miscellaneous incomes (outside MOAs and contracts), such as
(a) Penal Farm Agro-Production; and
(b) Inmate Handicraft Industry

11


26
27
28
29
30
31
32
33.
34
35
36
37

ment this Act shall be

Th , such amounts as may be neci
included in the Annual General Appropriations Act.

SEC. 22. Implementation. - The implementation of this Act shall be undertaken in
staggered phases, but not to exceed five (5) years, taking into consideration the financial
position of the national government: Provided, that any partial implementation shall be
uniform and proportionate for all ranks.

SEC. 23. Implementing Rules and Regulations. - The DOJ in coordination with
the BuCor, the CSC, the Department of Budget and Management (DBM), and the
Department of Finance (DOF) shall, within ninety (90) days from the effectivity of this
Act, promulgate the rules and regulations necessary to implement the provisions of this
Act.

SEC. 24. Transitory Provisions. - (a) The incumbent Director and two (2)
incumbent Assistant Directors shall serve under the terms for which they have been
appointed without need of new appointments upon the enactment of this Act.

b) All incumbent personnel who, upon the effectivity of this Act, shall opt to
early or optionally retire from the service will be entitled to the retirement benefits
computed as follows:

Age Age Basis for Computing Benefits
57 62

58 | 6

359° | 64 |
60 6

(d) All incumbent personnel, upon the effectivity of the Act, may continue to render
services until one reaches the compulsory age of retirement for public officers of sixty-
five (65). Those who shall be newly hired will have a compulsory age retirement of
fifty-six (56) years pursuant to the prevailing provisions on retirement age of those who
are in the uniformed services.

SEC. 25. Annual Report. - The BuCor, through the DO] and the DBM, shall jointly
submit to the President of the Senate and the Speaker of the House of Representatives
an annual report on the implementation of this Act. This report shall include

12


ONOOnRoN a

ah
12
13
14
15
16
7
18
19
20
24
22
23

information on the application of the budget for the salary and other benefits provided
Act. The DBM, in consultation with the BuCor through the DOJ, shall
periodically review and adjust every five (5) years the rates of base pay, taking into
consideration labor productivity, consumer price index, oil price and other similar
economic indicators as may be determined by the National Economic and Development
Authority (NEDA).

SEC. 26. Separability Clause.- If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

SEC. 27. Repealing Clause. - All laws, decrees, orders, rules and regulations, and
other issuances, or parts thereof, which are inconsistent with the provisions of this Act,
are hereby deemed repealed, amended or modified accordingly.

SEC. 28. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,

as


FIFTEENTH CONG!
First Regular Session
197
House BilNo.__*”

B

Introduced by Honorable Roilo Golez

EXPLANATORY NOTE

stent with the mandate imposed by the fundamental law and
the Bureau of Corrections (BuCot) to
riminatory treatment
faclities, These conditions
the BuCor and its following

This bill seeks to provide, co
stemational

fought about
worsen as pris:
detention facil

1, New Bilibid Prisons in Muntinlupe City;
Correctional Institution for Women in Mandaluyong City:
Iwahig Prisons and Penal Farm;
Sablayan Prison and Penal Farm in Occidental Mindoro;
San Ramon Prison and Penal Farm in zamboanga Cit
Leyte Regional Prison in Abuyog Leyte; and

Davao Prison and Penal Farm in Panabo,

IO en Oops

vao Province.

ctively perform its mandate of camying out the government's insitutional
/ears imprisonment

To enable the BuCor to effe
ehablitation program for national offenders or those sentenc:
m6 to ensure their safe custody,

re than thre:

While part of 2 prisoner's punishment is deprivation
nandated and protected by the United Nations Standard Minimum Rules for the Treatment o
Resolutions 683 C (XXIV) of 31 July 1957 and 2076 (LXIl) of 13 N
ela Council), the Convention Against Torture and Other Cru:
lunishment and the Intemational Covenant on Ci
ember of the family of nations.

Inhuman or Degrading Treatment or
ts which binds our country as

ibstandard meels, and
ion not only under international accords
itions of the inmates and prevent
3g prisoners in a state of living death.
y. Director of Prisons “{plunishments are cruel when

However at present, cramped or overcrowd:
proper treatment of prisoners do violence to the country's obli
ut also in our fundamental law. The sad
‘ation and instead dispense unjust and cru:
S pronounced in the oft-cited decision of the Har



ic of the presen! syslem of

fey involve torture or @ lingering death xxaally describing anc may 22
2onfinement in aur jail f

‘Thus, there is a need to reorient and reindoct officials and personnel in the proper
randing of inmates as well as to modemize the physical [all anc detention jaciities in addition to providing

3ereet anc vocational programs for inmates that will ai¢ nem in their rehabilitation

alment of prisoners, il is with equal
ust and crue! punishment and the

Complementing the above intemational covenant o7
ervor thal the 1987 Constitution proscription agains: the imposition of unj
ise of inadequate penal facilities, to wit:

“i4) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted
Neither shall death penalty be imposed, unless, for compelling reasons involving neinous crimes, ihe
Songress hereafter provides for it. Any death penally already imposed shall be reduced to reclusion
verpelua

(2) The employment of ohysical, psychological, o- degrading punishment ageinst any prisoner or
letainee or the use of substandard or inadequate penal faciliies under subhuman conditions shall be dealt
vith by law {Section 19 of Article Il of the 1987 Constitution)”

If our present prison system should carry aut effectvel
elerrence, reformation and rehabilitation, as well as the pro!
shysical faciliies fo implement tnese purposes must 92 upgraded aot on!
srisoners bul also comply with our international human rights obligation:

betier treatment of the
us, this feiom is 2 must

in view ofthe foregoing, the approval ofthe bil is ronal recom



Republic 0
HOUSE OF REPRE

Quezon City, W

Introduced by Honorable Roilo Golez

AN ACT
PROVIDING FOR THE MODERNIZATION OF THE BUREAU OF CORRECTIONS (BuCor) PROVIDING
THE FUNDS THEREOF AND FOR OTHER PURPOSES

2 it enacted by the Senate and House of Representatives of the Philippines in Congress assembled

Section 1 Short Title - This act shall be known as the “Bureau of Corrections (BuCor)

Modemization Act of 2010"

Section 2. Declaration of Policy - \t is hereby declared the policy of the State to modemize the

here it can effectively and fully perform its mandate to camry out

Bureau of Corrections (BuCor) fo a leva

ced to more

he institutional rehabilitation program of the government for national offenders or those sent

fan three (3) years imprisonment and to ensure their safe custody.

Section 3. Objectives of the 8uCor Modemization Program. - The objectives of the modemization

f the Bureau of Corrections (BuCor) is to protect society by confining offenders in the controlled

vironments of prisons and community-based facilities that are safe, humane, and appropriately secure,

ders to become law-

ind which provide work and other sei nt opportunities to assist off

biding citizens. This is to be accomplished thru improvement and construction of existing detention and

orrectional facilities

ion Program. Its the objective of

Section 4. Thrusts and objectives of the BuCor Moc

9 humane and sect

je modemization of BuCor jails to enhance public safety by providi penitentiary



ctive rehabilitation of inmates in ali national prisons and correctional

aclities and confinement for the
acilities, to wit
1. New Biliid Prisons in Muntinlupa City;

2, Correctional Institution for Women in Mandaluyong City;

Iwahig Prisons and Penal Farm;
Sablayan Prison and Penal Farm in Occidental Mindoro;

3.
4
5. San Ramon Prison and Penal =arm in zamboanga City;
6. Leyte Regional Prison in Abuyog Leyte; and
7. Davao Prison and Penal Farm in Panabo, Davao Province.
and other jails which shall come under the management and supervision of BuCor. The modernization
program shall be consistent with the following functions of the BuCor:
1. Confine persons convicted by the courts to serve 2 sentence in national prisons:

imas while in custody;

2. Keep prisoners from committing
3, Provide humane treatment by supplying the inmates’ basic needs end implementing @ variety of

2m of criminal or anti-social behavior,

rehabilitation programs designed to change thei

4, Engage in agro-indu on lands and resources into

productive bases or profit centers, developing and employing

prisoners with @ source of income and augmenting the Bureau's yearly appropriai

Section 5. Period of implementation - The modemization program under this Act shall be

implemented over a period of ten (10) years, Provided, however, That payments for amortization of

gutstanding multi-year contract obligations incurred under this Act may extend beyond this period.

Section 6. Components of the 8uCor Modemization Program - The BuCor modemization
ment, employment, and

rogram shall include provision for extensive reform in the recruitment, manag:
raining of BuCor personnel particularly in the rights of inmates under United Nations Standard Minimum.
J Other Cruel, Inhuman or

il and Political Rights end shall
In 19 of Article Ili of

Rules for the Treatment of Prisoners, the Convention Against Torture

Degrading Treatment or Punishment and the Intemational Covenant on Ci

rovide for more humane conditions of confinement consistent with mandate of Sect

he 1987 Constitution.



Section 7. Submission of the BuCor Modemization Program - Within ninety (90) days from the
effectivity of this Act, the BuCor Chief shall make 2 proposal or program on the modernization projects that
needs to be undertaken to the Secretary of Justice and the Secretary of Budget and Management stating
the modernization projects under it such as the major infrastructure construction or renovation, property
acquisition, equipment and technology acquisition proposals, as well as the schedules and estimated cost
of each modemization project or reconstruction project divided in annual phases,

The Secretary of Justice and the Secretary of Budget and Management shall within thirty (30) days
from receipt of such proposal from the BuCor Chief, submit to the President his recommendation on the

BuCor Modemization program as provided for in this Act.

Section 8. Appropriations for the BuCor Modemization Program - The amount necessary to carry
‘out the initial implementation of this Act shall be charged against the current year’s appropriations of the
Department of Justice (004). Thereafter, such sums 2s may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations Act.

The said annual appropriations for the BuCor modemization program shall include the emounts

necessary to support the funding requirements for all modemization projects approved by the President

under the preceding section
The funds io be appropriated by Congress under this Act shall be treated es a distinc! and
separate budget item from the regular appropriation for the DOJ and shall be administered by the Secretary

of Justice.

Congress shall allocate for the implementation of the proposed BuCor modemization program: the
sum of Ten billion pesos (P10,000,000,000) which shall be released in accordance with the proposed
annual implementation schedule as approved by the President acting upon the joint recommendation from
the Secretary of Justice and Secretary of Budget and Management.

Section 9. Annual Report - The Secretary of Justice and the Secretary of Budget and
Management shall submit to the Senate President and the Speaker of the House of Representatives, not
later than the end of the first quarter of the succeeding year following the commencement of the
implementation of the BuCor modernization program as provided in this Act, an annual report on the status

of the implementation of the said program.


Section 10. Separability Clause - If any portion or provision of this Act shall be declared
unconstitutional or invalid, the same shall no affect the validity and effectivity of the other provisions in this

Act not otherwise affected which shall remain in full force and effect.

Section 11. Repealing Clause - All laws, decrees, orders, rules and regulations, and other
issuances, or parts thereof, which are inconsistent with the provisions of this Act, are hereby deemed

repealed, amended or modified accordingly.

Section 12. Effectivty Clause - This Act shall take effect fifieen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes

earlier.

Approved,


HILIPPINES: )

ATIVES

House Bill No. __712

HOUSE OF REPRESEN’

Introduced by Represeniative Rufus 8. Rodriguez and
Representative Maximo B. Rodriguez, Jr. _

EXPLANATORY NOTE

This bill sesks to create the Bureau af Corrections Technical Institute (BCT!)
within the premises of the New Bilibid Prison (NBP) in Muntiniupa and Correctional
Institution for Women (CIW) in Mandaluyong City.

The proposed BCT! shall provide relevant and high-quality programs in skills
evelopment and technical and vocational training to all prisoners serving their
sentences in the NBP and CIW.

Under this measure, the BCT! shall offe
metal craft, automotive welding. building Wilt
conditioning, and computer tech
twenty-four (24) months.

Soft trade courses include audio-video jetoiogy, consumer
electronics, dressmakir operation, and
novelty accessories, paper craft and stuffed tay making, and shall be taught for only
three (3) months.

Modular trade courses, on the other hand, include reflexology, candie making,
beads assembly, fossilized flower making, fresh flower arrangement, and soap
making, and involve only three (3) to four (4) weeks of training

This proposed law likewise mandates BCT! to give utmost priority to repair
training courses and projects involving government equipment and facilities,
including vehicular plates for all registered vehicles which shall be manufactured by
prisoners serving their prison sentence in the Naw Bilibid Prison.

jlar plates and other
s repair of government
ral be allotted for the

This bill provides that from the tot
government amenities manufactured by ti
@quipment and vehicles, twenty percent



rehabilitation of t
the eighty per

There is an imperative
same time, cultivate their techni

Jat a
Me

MAXIMO B. RODRIGUEZ, JR.


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4. Incuicate desirable
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reliance and sett:

SECTION 4. Creation of T. To implement the policy
declared in this Act, there is hereby created a Bureau of Corrections Technical
Institute (BCT!) within the premises of the New Bilibid Prison (NBP) Reservation in
Muntinlupa City and Correctional Institution for Women (CIW) in Mandaluyong City.

The BCTI shall provide relevant and high-quality programs in skills
development and technical and vocational training to all prisoners serving their
sentences in the NBP and CIW. It shall also develop projects where these technical
Skills would be put into service.

SECTION 5. Composition of the Bureau of Corrections Technical institute Board.
There shall be a Bureau of Corrections Technical Institute Board, herein referred to
as the “Board.” The said Board shall be composed of the following:

4. Secretay of the Department of Justice as Chairperson

2. Secretary of Department of Labor and Employment as Co-
Chairperson

3 ‘tary of the Departme ade and Industry es Member:

insportation and

The Board shall mest at quently as may be
deemed necessary by its Chairperson. In the absence of the Chairperson, the Co-
Chairperson shall preside. In case any member of the Board cannot attend the
meeting, he or she shall be regularly repress t ‘ary or deputy-
director general, as the case may be, to be designated by such member for the
purpose

SECTION 6. Powers and Functions of the Board. The Board shall primarily
be responsibie for formulating, continuing, coordinating and fully integrating technical
education and skills development policies, plans, programs and projects taking into
consideration the following:

in of giving new direction and thrusts
of social behavior to restore

1, the State policy declared hei
to sfiorts in developing new p:



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tschnical education and sk

mamber-depariments and ott
various levels participate’

to recommend measures, and impk the same upon approval

by the Board, for the effective and efficient implementation of the

‘technical education and si development plan:

3. to submit to the Board periodic reports on the progress and
accomplishment of work programs of implementation of plans and
Policies for technical education and skills development,

4. to prepare for approval by the Board an annual report to the
President on technical education and skills development,

5. to prepare and implement upon approval by the Board a program

for the consultants, trainers, supervisors, and planners es provided

for in Section 8 of this Act;

to enter into agreement to implement approved plans, programs

and projects and perform activities as shall implement the declared

policy of this Act: and

to perform such other functions and duties 2s may be assigned by

the Board.

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SECTION 8, Director-General. The Bureau of Corrections Technical institute
Secretariat shall be headad by 2 Director-General, who shall likewise be 2 member
of the Board, As Chief Executive Of the Director-General shall
exercise general supervision and control over the technical and administrative
personnel

SECTION 8. Consultant and 1 pursuing its obj
the Board is hereby authorized fo set aside a portion of its appropriation for the
hiring of services of qualified consultants, trainers, supervisors, and planners in the
field of technical education and skills development. It shall avail itself of the services
of other agencies of the Government as may be required.

SECTION 10. Proarams_in_ Skills Development _and_Technical_and
Vocational Training. To strengthen manpower education and training, the BCTI
shall offer hard and soft or modular trade courses.

The so-called hard trade courses, which include metal craft, automotive
welding, building wiring and electrical, refrigeration and air-conditioning, and
computer technician services, shall run from six (8) to twenty-four (24) months.

Soft trade courses include audio-video technician, cosmetology, consumer
electronics, dressmaking, food trades, industrial sewing, machine operation, and



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HOUSE OF REPRESENTATIVES
Bata:

FIFTEENTH CONGRESS: 1
First Regular Session

HOUSE BILL NO,

|
INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

This bill seeks to rectify a rather discriminatory situation wherein the
custodial force of the Bureau of Correction in the Department of
Justice receives far less remuneration for their services than’ the jail
guards of the Bureau of Jail Management and Penology under the
Department of Interior and Local Government even as they perform
relatively similar functions.

|

In the interest of justice and fairness, it is imperative to even |the pay
scale of the

aforementioned employees. Moreover, our aspirations for la more
efficient and effective corrections system in the country could be more
easily attained by streamlining the Bureau of Corrections bureaucracy.
This goal could be achieved early by promoting employee welfare and

professionalizing the staff thru education and skills development.
i

The passage of this bill is earnestly sought. 7

JOSEPH VICTOR G. EJERCITO
|



Republic of the Philippines |
HOUSE OF REPRESENTATIVES

Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS

First Regular Session

HOUSE BILL NO.

INTRODUCED BY REP, JOSEPH VICTOR G. EJERCITO

AN ACT
STREAMLINING THE BUREAU OF CORRECTIONS
BUREAUCRACY AND APPROPRIATING FUNDS
THEREFOR |

Be it enacted by the Senate and the House of Representatives bf the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “The Bureau
of Corrections Streamlining Act of 2010". |

SEC 2. Declaration of Policy. - It is hereby declared policy of the
State to promote the welfare of its citizens. Toward this end, and to

-attain-greater-efficiency i the service, the bureaucracy in the Bureau
of Corrections, Department of Justice, shall be streamlined by

professionalizing the staff h education and skills development and
upgrading employee benefits. |

SEC 3. Upgrading. ~ In consonance with the aforestated policy, the
salaries of the officials and custodial force in the Bureau of Cortlections,
hereinafter referred to as the Bureau, shall be upgraded. with
appropriate amendments in the nomenclature of certain positions, as
follows:

POSITION SALARY
| 7 _ GRADE
{a v_ 7 23 [30
2. Assistant Director IV = Sapa Se
cmt uperintendé SS 26 |
[4 [Penal] Superintendent 1 4 =


|S)

Penal] Superintendent 1
[Penal] CORRECTIONS Institution

AVIS

[Prison Security Officer 111] 18 j 1
| CORRECTIONS INSTITUTION SUPE! RVISOR }
ic [Prison Security Officer TT) Vis po |
| CORRECTIONS SUPERVISING OFFICER TI {

10. [Prson Security Officer) cet |

CORRECTIONS SUPERVISING OFFICER IL
/11. [Prison Guard IIT) CORRECTIONS
| SUPERVISING OFFICER 1 _

(12. [Prison Guard 1%) CORRECTIONS

LOFFICER II — -
/13. [Prison Guard I] CORRECTIONS (= |
OFFICER 1 i

14. [Wardress IT — Correctional Institution
for Women] CORRECTIONS OFFICER II |

[Wardress I = Correctional Institution [3
ORRECTIONS OFFICER I i

pis
liar Women]

SEC 4. Education and Skills Development. - The Bureau shall draw up
and implement an educational program to upgrade the professional
knowledge and skills of its employees.

Without prejudice to efficiency in the service, members of the custodial
force and other staff of the Bureau may avail of grants, schglarships
and privileges, local and foreign, to increase their professional
knowledge and hone their expertise and skills. |

SEC 5. Insurance Coverage. - Members of the custodial force shall be
covered by life and accident insurance while in the performance of

their official duties and functions.

SEC 6. Health Care Services. - Employees of the Bureau shall be
provided with health care services thru a health maintenance
organization (HMO) until such time that a hospital or health clinics can
be established by the Bureau for that purpose.

= Upon compulsory retirement, any

SEC 7. Retirement Benefits.
I) he

custodial officer from the rank of Superintendent IV and below(sh
entitled to retirement benefits computed on the basis of one grade
higher than the position he last held.

y of ‘ars: the

SEC 8. Other Benefits. — Subject to the availabil
Bureau. Director may_grant employees such bs
“fequired by the exigencies of the service



SEC 9. Rules and Regula
approval of this Act, the Secretary
and regulations as

such
ation of

upgrading of
ragé, health
shall be
thel current
egsary to.
Generai

. Appropriations. Ir
s, education and skills development, insurance co.
(are services, retirement and other ben
taken trom the budg
fiscal year. Thereafter, such ami
impiement this Act shail be inciu
Appropriations Act.

SEC 11. Repealing Clause. = All lav i
regulations or parts thereof which are contrary to or ai
with the provisions of this Act are
accordingly.

|

SSC 12. effectivity. - This Act shall take
its complete publication in at least tw
General circulation. The publication shall be
days from the approval of this Act.

a
(2) national newspapers of
ne within thirty (3!

Approved,



EXPLANATORY NOTE

This Bill seeks 10 resolve the que-old plight af the Bureau of Comections in zens of
Sutdaled law, inequitable personne! remuneration, obsolete facilities anc equipment, and an
‘antediluvian organizational structure

C vine of the
excep: fora
Adminis
N17 thereby making
dem demands in penologs and orher
ich has alrendy

whict

The Bureau of Corrections
Reorganization Act 1407 of 1905, has seen nor much ma
hue in its name from formerly Bureau of Prisons thro
de OF 1987. Its onerstions are still oased
Feull for the prganizonion to cape vp wih the mi
flmetisnal evn ons in accordance with the United Nations st
Shified from punitive to teformatity treatment of prison

c

on the

its employees numbered around
mployees. with a

1n 1989, the population of fis inmates was 12,990)
2,362 where 1461 of which were Custodin! Persoan:
prison wuatdeto-inmate ratigy oF 1:27. fier 20 years, the r on rose 10 35.300 but
the number of employees in the BuCar rer 6 where 152
aire Custodial Personne! and 1,034 eivilinn employ
1:8], The population of inmates is continunusty ineres
1340) annually. As of December 2010, the BuCa: 35,93 USEING
2 plamilia positions

te ratio oF
nt

‘The BuCars local yovernment counterpart
Penolows (BJMP}. which is in charge of local inn
Wi below. las arouind! §.976 eniniovees mannine 6
178. false has. an o g reeturement ots
positions since 2607 eho the 127 rath
rat is 1, The Burests of Correction
itspresent £8) ratio,

es at an apnrosimane ratio oF
Jail Officers as new. plantill

dard af
iis Prisan,



in terms of ine!
30 While a Prison Guard 3
of BIMP ie at
unlike BIMP.
by not emitled 10
enioyed by such
‘ce information
exposed 10 hivh-risk
ns also been subjective.

A

munerarion,
of BuCor has a m

this agency’
‘or more in service without having

a yeu!

here are Prison Gi img.

laste of promotion

ast land areas under its control

‘The security fac
and supervision, are antiquated and inadenu: capazity has been overloaded 1
reach high congestion rates (141% for NBP, where 60% of nat gonfined},
Likewise, BuCor lacks modeny security equipment such as surveillance cameras, handheld

radios, firearms and other security-related eouipment

The BuCor's vast lands are “small worlds” of national inmates (especially those
serving life semences) though they: may ge areas of land to the free society. Its
trees and vegetation were planted an
BuCor managed to preserve large forested Jand within it
loggers and from large influx of squatters for several decades now. Furthermore, these vast
lands serve as in the event of hot p: st escapees, However, in th

pas, large portions of BuCor lends had ed in favor of certain local
hh Presidential Proclamations and

reservation area from illegal



lar Session,

go: 4619

AN ACT
TO MODERNIZE THE BUREAU OF CO!

" 0 ECTIONS, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES.

epreseniatives of the Philippines in

Be it enacted by the Senate and Honse of J
Congress assembled

SECTION ONE. Title. ~ This Act shall be known as the “Bureen Of Corrections Act

Of 201)"

State 10 promote the genera!
1 each penitentiary’
rengthen povernment capability
tuctive member and asset of

System. It also recognizes the r
10 ensue the reformation of a prison
the society

_ Towards this end. the Siate shall
restiucture the corrections system to encble i

20. 3. Definition of Terms. — As

¢ families of inmates and their
harmful to the community by

Yeimtevration to the mainstream society: and

families of inmates and their
needs, completely
15. and haye been totally cut-
the free society. while serving
This act also include:

(b) Safekeeping ~ the act thet ensures the public, including
victims, that ini
incapacitated from continuously commis
off from their erimina? networks or
sentence inside the premises of the +



protection
leenchine

convicted

ca

See. 4. Burveni 9; fone = The Bure:
a6 the BuCor, shall be the agency of the gaver
wabilitation and re

G) years,

sional inmaies

shall have the following

See. 5. Functions of the Bureau: of Co
funtion:

1es Shall anclud= decent

{a} Safekeeping of National Inmates -
provision of quarters, food, water. hi ished United
Nations standards. The security of the inmates shal! be under he Custodial

of Corrections ©: system and rages

rpart in the Bureau o” I 1

Force consisting
similar to its cou

(b} Reformation of National {nmates - The Reformation Programs which will
instituted by the BuCor for the Inmates shalt be the follow

b.3. Work & Livelihood Program;

b.4 Sports & Recreation Program

my; and

Commenity

4.6, Behavior Modi

Reformation
fficers (CTOs) with ranking system
rs (COs). CTOs and other personne!
contact with inmates, shal) be
hall include priest
placement officers,
technologists,

icy

be Reformation Programs shall
Personne! consisting of Carrections
and salary grades similar 19 Corrections Of
Whose nature of work requires proximate or direc
tasked n the implementation of reformation pragra
evangelists, pastors. teachers, instructors, professors. voo
fibrarians. guidance counselors. physicians. nurses.
pharmacists, dentists, thempists. psychologists. ps s 1s, socia!
workers, engineers, electricians, agriculturist, veterinari wvyers and similar
professional skills relevant to the implement ymate reformation programs.

h 2 directorial structun
16. Diagnostics (DRD}:
for Reformation (DR): (4)
istration of Penal

See. 3. Structure. = The BuCor shall operate w
® composed of the following: (1) Directorate for Reception ¢
jirectoraie for Security and Operations (DSQ): (3) Dire
irectorate for External Relaions (DER) Directorai
clonies (DAP),



torates shall have the jollowing.
functions

~ The Directorate Sor Reception and
DRO. shall be responsible for reception
the BuCor in accordance with national

, hereinsfier referre:
and classification of ina
‘and Internationa! practices

The Directorate for Securhy and

(b) Directorate for Security: and Onersn
e ISO. shall provide for the basic needs,

‘Operations. hereinafier relerred 10 as
security, manayement and administration of the SuCar,

(e) Directorme for Rehabilitation and Reformation. — The Directorate for
Rehabititation and Reformation, hereinafier referred 1a as the DR, shall
administer the rehabilignion and reformation of the inmates admitted 1 the
BuCor.

emal Relations. ~ The Directorate for Extemal Relations,
all prepare the inmates due for release for

(@) Direotorate for 5
hereinafier referred 10 as the DER, sh
reintegration inie mainstream society

tion. = The Directorate for Administration, hereinafter
DA, shal! be responsible for the management, administration and
imernal control and audit systems of the BuCor.

See: 7. Compinerization, — The BuCor shal! employ full computerization in the build-
up, maintenance and transminal of necessary inmate records to all its Prison and Penal Farms
and other recipient svencies,

See, § Real Estate of the Burewu of Corrections, = Cor real estate shal! be
Used for inmate security. reformation programs and #s a means to promote the sustainability
Of its mandate. It shall have the authority to design, formulate and implement land-t
development plans and policies in onder to maximize the value of its assets. All the real esiale
properties of the BuCor shall be registered under its name through the issuance of appropriate
Centifeates of Title,

= The BuCor shall operate with a
jes. and Administrative

Sec. 9. Facilities of the
standard and uniform design of

mi of Corrections
Prison Facilities, Reformation Faci

See. 10, Super
shal! have administrative contra’. and sup
revel fy its decisions.

ion of the Buirea af Corrections, ~ The Department of Justice (DO!)
vision over the BuCor and the power 10 review.

ation and Kev Positions uf the BuCor. — The BuCor shall be headed
by a Director who shall be annointed on the President, He shall be assisted by 1we (2)
Deputy Directors, one (1) for admini and one (1) for security and operations who
shall be anpointed by the S:

eretary Of Justice,


ase of Personnel. ~ Pe Bo

joe: personne!-t

12. Inered
inmate ratio of

authorized to increase its manpower te mee: 5:
jerease 0” com:

on

‘personne! per perce!

son
ing minimem

if Quarifecatio

See. 13. Appoiumen
shall be anpoimed as personne! of the SuCo: untess hy

and mens

learning,

and

Provided, That new applicants must net be

Provided. fursher, Tea‘ those who are already in the service upon

shall be giver Sv cational
period for

(20) years of as

tivity of this Ac

he minimum

Gee

ovides #

jon and
faction of
¢ Tequirement
are below fifty (50) years of aye and have served in
ale

ic requirement. current pers

than tient
avernmemt
yoren: of benefits they

years: or reured if thes are sue

for at least twenty (20) years without pr

— For sustained

Personnel

lication and &
Co . sonnel

See. 15. Appoiniing durio

‘the following manne:

rank of



entry into the BuCor shall include all

Cor
those wih highly sy

Ineers,

eetions Insnecior
< such 4s. but nat limited 10, civil
ui enginzers. chemist,

1s, purses, physical therapists, dentists,
counselors, and teachers, Doctors af
he appointed to the rank of

= No person
Cor unless he/she has met the

shall be designated tw the folie

ifieations provid

enior inspector. who have

Supervisor = S'

Laws or eamed at Jeast trelve (12) units in

finished at fcust second yew
ministration, public safety
ation. defense studies.

and must have

desree program inn

sy administ

= shciolesy

Blineaien

rank of chief inspector, who
‘or eamed at least twenty
management, public administration,
national security, administration.
nized institution of learning and
courses for such position as

Colony Assistant Superinte
must have finished a1 least second
four (22) units in mas

public safety, criminology
defense studies or related disciplines
must satisfactory passed the n.
may be established by the Bu

of superintendent, who must be a
a masiee's Ceuree in management, public
national security
fom a recognized
ary training or career
he BuCor: Provided. That in
of two thousand (2,000) but below
imendent shall have the rank and

of Laws ora holder
sociolog

‘administration: pu
administration, 6
ion of learning, and must sa

urses for such position as may be

prison and penal farms with
three thousand (3.00!
qualification of a

¢ rank of senior superintendent or chief
nelor of Laws or a holder of a master's

e safety

eriminglouy. penolow:
rion, defense studies or other related discipline
ory passed the necessary
aiblished by the BuCor
ion of three thousand

training or can

intendent shall have the
Provided further chat in
ver five thousond 15,000), the
ion of a Ch

ian of a Colony Senior Supe:

ms with an inmote nop:

sendent she



Any lacis-uny
Of the qval npls sith the

requirements. of

‘There shal! be estubfished
‘ears [rom the

See 18

Ge
ierit, efficiency.
regulations.

10 Fromesiony in the Bucur, = Promotions in

mcaney and im aceore

perterman,
regulations

20. Ferformane

forthe

and standards, and a code of vondy
the BuCor upun approval by the Secre
hati! be administered in such a way as 4
and behaviors! ciseipline aswell es
commitment to public service.

iveness and

promotion of or:

Sec. 21, Sumedardizarion of dw Buse Pax, Retirement and other Benefits of the
Personne! of the BuCor. ~ In order wo endance the service
and professionalism of the uniformed ner “y shal} receive the
ninimum starting solary equivalent tc he corresponding rank
classification of their ¢ ic Act No. 9263.

Repub

e adjusted in

BuCor shall

The rate of the ne! of
accordance wi ale:

rector of
_Eumestuons

fons Chiet i 1 27 | Uniformed
Superintendent _t -
; Comections Technical | og | Uniformed

| Senior Sunerimendentt_|
Correct 25 | Uniformed

Uniformed

pL Uniformed

inns Senior Insnector |

BS} Unifier

Cortections Inspector

Correstions Senior 9: 19 Uniformed

Uniformed

Comestions Senior 0



3 Uniforn

Corrections Se

nifermed

Corrections Senior Giger | o
Comm me Unifurmed
12 | Uniformed

Corrections Office)

TORS
on

Uniformed

| Comeetions Ofc

personne! of the uC or

Provided: Tost «1! benefis cur

under enistin

ows shall continue to

any custodial officer
entitled 10 retirement
n last helds Provided.
pay of
rement benefits of non-
stations

See. 22. Retirement Be
from the rank of Corrections Chief
benefits computed on the basis af one (1)
That Such retirement poy sha?! be subiect 10
unltormed corrections personne! in the

‘cmnditions. — Within 90 days upon the approval
nent the provisions of
cred

Provided, That the implemen:
thin a period of Bve (3) yeo

ind the DBM shall jointly
esentaives an

under this Act. The

P the budvet for the sulory «
angulation with the Buon throws why review and adiust
five (3) years the rates of he: ion labor productivity,
Consumer price index, eit price and orier similar economic indicaiors #5 may be determined
by the National Economic and Development ayth

Act is declared
her provisions

ny portion or arovision of 1

we same shu!! not affect the v yore

onstitutional,
fected thereby,

ualing Clanse. — At.

Other issuances, or parts thersof. which

heredy

sed repealed. amen

5) days after its complete
vera! circulation,

Sex.
publication in the OFF

whichever comes curl



Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS

First Regular Session

House Bill No__A7E

Introduced by Honorable DANILO E. SUAREZ \

EXPLANATORY NOTE

Article i, Section 14 of tne 1987 Constitution states that

|
|
|
"The State values the dignity of every human person and guarentees i respect for
human rights,”

Also, Amticlé 5 of the Universal Deciaration of Human Rights provides that|"no one shall
be subjectad to torture or to crusl, inhuman or degrading treatment or punishment.

According to the Balay Foundation, extreme overcrowding is the most purishing aspect
of coing time in Philippine jas, At the Manila City Jail ang ofr prisons in the National Capital
Region, inmates have to take tums sleeping on the floor. Herding individuals in cramped spaces
's crue, human, i, degrading, and unjust punishment. Overerowding is dangefous to heath
and to human fe, It breeds diseases, breaks down discipline end exacerbates tensions. Add
diy tap water, dingy tollets, substandard meals, gang war, poorly trained guards and prison
‘administrators, favortisin, and you have a system buit for punishment, not for rehabilitation,

‘The present situation of our Penal facilities “is a throwback to the 15tH century that
‘treated prisoners as animals unfit to renew themselves and rejoin society.” It is also
contravention of our treaty obligations such as the Intemational Covenant on Civil and Political
Rights (UN ICCPR} and the United Nations Convention Against Torture and\ other Cruel,
Inhuman or Degrading Treatment or Punishment (UNGAT) |

|

Ths it aims to puta rtermatve instead of @ punitive pokey as regards cdr Pnson
facies. The New Bilis Pison in Muntinlyoa Cy shal be oid and fom th prokeedstnoreot
the govern: shal acquire new prison locations, one each fer Lizon

‘Mindanao plus one jocated in the National Capital Region. These new prison ‘ovations must be

lcondltions him |

* httai{/wuns.opcatoh.org/pason’



Capable of agricultural activites such that
husbanary

prisoners will be trained in tarmin:

‘and animal

Gensidering the foregoing reasons, the passage of this bill is eamesty requested

Chay
DANILO E. SUAREZ
Representative
rd District, Quezon Province



Republic of the Plippir
HOUSE OF REPRESENTA
Quezon City

FIFTEENTH CONGRESS
First Reguiar Session

Bill No_ 4768

Introduced by Honorable DANILO E. SUAREZ

AN ACT MANDATING THE DEPARTMENT OF JUSTICE TO SELL THE NEW BILIBID
PRISONS AND FROM THE PROCEEDS THEREOF TO ACQUIRE FOUR NEW PRISON
FACILITIES TO BE LOCATED IN LUZON, VISAYAS, MINDANAO, AND THE NATIONAL

= - CAPITAL REGION

Be it enacted by the Senate end House of Representatives of the |Philippines in

Congress
assembled,

SECTION 1. Policy Statement. - it is the policy of the Stale to enact a policy of

Reformation in all prison facilites in the country. |

|

SECTION 2, Short Title. ~ This Act shall be known as the “Reform of Penal Centers Act

of 2011.

SECTION 3. Mandate - The Department of Justice, through the Bure:
hereby mandated to sell the faciities and properties of the New Bilibid Pris
Muntiniupa City, to the highest possibie bidder.

1 of Corrections, is

n, located in

SECTION 4, Use of Proceeds ~ The proceeds from the sale of the New

1

shall be exclusively used for the purchase of new Penal colony facilities to be lo
Visayas, Mindanao, and the Natonal Capital Region, respectively

id Prison.
tad ini Luzon,

SECTION §. Speciication of Property. — The properties to be purchased from the

pr
activities )

SECTION 6. Separabilty Clause. — If any provision, or part hereof i

unconstitutional, the remainder of the law or the provision not othenvise affect

valia and subsisting,

rocseds of the sale of the New Bilibid Prisons must be capable of handling aghculture-based

held invalid or
id shall remain


SECTION 7. Repealing Claus:
order, ietter of instruction. administrative ons

iy law, Presidential decree or issuance, executive

f, ule OF regulation contrary to or
the provisions of this Act is hereby repealed, modified, or amended accordingly.

\censistent with,

|
|
SECTION 8. Effectivity Clause. — This Act shail take effect fifteen (15) Kays aff

Publication in at least two (2) newspapers of general circulation.

Approved |



Republic of the Philippines

House Or REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress

Second Regular Session

HOUSE BILL NO.

Introduced by Honorable Ranulfo P. “Dodong” Canonigo

EXPLANATORY NOTE

This bill seeks establish three additional penal institutions in the
Philippines, one for Luzon, one for Visayas and one for Mindanao.

It is a sad fact that most inmates in the country’s national penitentiary, the
New Bilibid Prison (NBP), who are from far-flung areas of the country cannot
be led by their relatives and friends due to distance and financial constraints.
While it is true that a visit from relatives or friends is a big factor that can
greatly enhance the rehabilitation of a prisoner, records and experience abound

showing countless broken homes and marriages caused by the lack of visitation
and communication between an inmate and his family. It is also common
occurrence, no matter how deplorable and hapless, that dead inmates who are
unclaimed by their families are simply buried in the vicinity of the NBP

compound

Another big problem in the NBP is congestion. In June 2011, during
committee hearings on the bills concerning the modernization of the Bureau of
Corrcctinns and at the height of the furor over the sleep-over privilege of
convicted former Batangas governor Jose Antonio Leviste, the sorry state of the
country’s national penitentiary was Ble to fore. Several information were
exposed —that the population growth rate for inmates nationwide siood at 5%.
As of June 2011, the number of inmates jumped from 13, 000 to about 36.000
for the last 20 years. Moreover, both medium security and maximum security
camps of the NBP had exceeded its occupancy rate by more than 200%. The
umber of employees did not change — it was 2,362 twenty years ago and
2,362 today — which leaves a disparate 1:81 ratio of custodians to inmates.



While the primal part of the prisoner’s punishment is the deprivation of
liberty, the present state of NBP is in sub-human condition, and, rather than
being reformatory, it has become more punitive, thereby running counter to the
provisions of the United Nations’ agreements like Standard Minimum Rules for
the Treatment of Prisoners, the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and the International
Covenant on Civil and Political Rights, that our country is a signatory.

To effectively pursue the government’s responsibilities to provide
humane creatment of prisoners. supply the inmates’ basic needs and implement
a variety of responsive rehabilitation programs designed to wean them from the
patter of their criminal-or~anti-social behaviour, approvahyof this~bill-is

earnestly recommended. »

RANUL! . “Bodbng” CANONIGO



Republic of the Philippines

Hovusk Or REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
Second Regular Session

AN ACT
ESTABLISHING THREE ADDITIONAL PENAL INSTITUTIONS IN
LUZON, VISAYAS AND MINDANAO, AND APPROPRIATING FUNDS

THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION I. Three additional penal institutions are hereby established in

Luzon, Visayas and Mindanao.

SEC. 2. Each of the penal institutions shall be provided with a building
for p:iscers, equipment, tools, implements, devices and apparatus, and manned
by expert personnel necessary for it to carry out the programs and functions
similar to the national penitentiary.

SEC. 3. Within sixty (60) days from the approval of this Act, the

shall issue rules and regulations necessary for the effective.

Secretary of Jus
implementation of this Act.

SEC. 4. The amount necessary for the initial implementation of this Act

Abalt ba



current General Appropriations Act. Thereafter. such amount as may be

necessary for the continued implementation of this Act shall be included in the

annual General Appropriations Act.

SEC. 5. All laws, decrees, orders, rules and regulations, and other

issuances, or parts thereof, inconsistent with this Act are hereby repealed or

modified accordingly.

SEC. 6. This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in two (2) national newspapers of general circulation.

Approved,



Republic of the Philippines

HOUSE OF THE REPRES| ATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

on
=
=
!

HOUSE BILL NO.

Introduced by: Rep. Christopher S. Co and Rep. Rode! M. Batocabe

EXPLANATORY NOTE

detention prisoners who are

This bill seeks to establish a separate detention facility for
society, because their case is

involved in high-profile cases by reason of their relative position in
imbued with public interest, or otherwise involved in national security, and safety of the general

public.

The objective of the proposed legislation is to address the problems of the special treatment
in correctional facilities in favor of the rich and influential prisoners. However, it should also be
considered that some prisoners may have legitimate and genuine concerns about their health, safety,
and security, The facility that is sought to be established resolves both concerns such that the
urgency of medical attendance may be addressed without having to resort to hospital arrests since
the detention center will be adequately equipped with medical and health facilities.

__ Persons who are charged and/or convicted of delinquent acts or crime:

from society but there are also rights of an accused enshrined not only in the statutes but also in the
Constitution. It is the government's having a dominant role control and supervise prisons,
penitentiaries, jails, and detention centers, to promote public order and safety, and to provide
offenders opportunities for correction, rehabilitation, and reformation. The government is therefore
duty-bound to provide a balance between the rights of society, on the one hand, and rights of the

accused, on the other.

In light of these circumstances, the swift passage of this bill is earnestly sought.

A
We redf i
, Uae
RS. CO - He DEL M. BATOCABE.

~~ Hon: CHRISTO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House Bill No.

Introduced by Rep. Christopher S. Co and Rep. Rodel M. Batocabe

AN ACT PROVISIND FOR THE ESTABLISHMENT OF A HIGH-PROFILE CRIME
DETENTION CENTER UNDER THE BUREAU OF CORRECTIONS, PROVIDING FUNDS
THEREOF AND FOR OTHER PURPOSES

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 the “High Profile Detention Center Act of 2012".

Section 2.Definition of Terms. -

(1)“Hiigh Profile Cases” shall include cases which have attracted attention and publicity by
reason of the relative position of the parties in society, cases imbued with public interest, or
ccases which involve national security and safe

—Q)*Safekeeping” refers-to the-act of providing inmates with-basic-necessities; ensuring that
the inmates are completely incapacitated from communicating with their outside networks;
(3)detention prisoner are persons accused of non-bailable offenses and detained while

awaiting investigation or trial

Section 3.Establishment of the High-Profile Crimes Detention Center.- There shall be
established and maintained a secured, clean, and adequately-equipped detention center for the
custody and safekeeping of detainees. The following shall be detained in the Center:

(1) An accused in non-bailabie offenses except those accused under the Comprehensive

Dangerous Drugs Act of 2002;
(2) An incumbent or former public officials or appointees accused of non-bailable offenses or

high-profile case; or
(3) An accused in high-profile cases as defined in Section 2 of this Act.


Sec. 4, Facilities of the Center - The High-Profile Center shall operate with standard and
uniform design of Prison ities. Reformation Facilities, and Adminsitrative Facilities, through
all the operating Prison and Penal farms such as the following:

(1) Dormitory;
(2) Administrative Building;

(3) Perimeter/Security Fences;

(4) Hospital/Infirmary;

(5) Recreation/Multipurpose Hall;

(6) Training/Lecture Center,

(7) Workshop Facility;

(8) Mess Hall/Kitchen;

(9) Visiting Area;

(10) Water Tank and Pump;

(11) Reception and Diagnostic Center;
(12) Service Personnel Facilit

(13) Other facilities which may be required by the inmates' health.and security.

Section 5.Supervision of the Center. - The Bureau of Correction and the Department of Justice
shall exercise supervision and control over the Center, whose expenses shall be subsidized by the
National Government for not more than three (3) years afer the effectivity of this Act.

Section. 6.Organization and Key Positions of the Center. - The Center shall be headed by a
Chief Penal Superintendent with the rank of Superintendent. The organization shall adhere to the
organizational framework currently in place in other Penal and Prison Farms under the Bureau of
Corrections.

Section 7. Appropriation. - The funds required for the implementation of this Act shall be taken
from the budget of the Bureau of Corrections for the current fiscal year.

Section 8. Implementing Rules and Reguiations.- The Department of Justice, Bureau of
Corrections, Civil Service Commission, and the Department of Budget and Management, within
ys from the effectivity of the Act, shall promulgate the rules and regulations

plement the provisions-of the Act. 2

—necessary’t

Section 9. Separability Clause.- If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions not

affected thereby.

Section 10. Effectivity.- This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes
earlier.

Approved:


Republic of the Philippines
HOUSE OF REPRESENTATIV:
Quezon City, Metro Manila

vy

FIFTH REGULAR SESSION
Second Regular Session

House Bill No.

Introduced by REPRESENTATIVE BERNADETTE HERRERA-DY

EXPLANATORY NOTE.

This bill seeks to resolve the age-old plight of the Bureau of Corrections in terms
of outdated law, inequitable personnel remuneration, obsolete facilities and equipment,
organizational structure, which are all deemed vital in the efficient and effective
implementation of its mandates in its day-to-day operations

‘The Bureau of Corrections (BuCor), which was created by virtue of the
Reorganization Act 1407 of 1905, has seen not much major legislative updating except
for a change in its name from formerly Bureau of Prisons pursuant to the Revised
Administrative Code of 1987. Its operations are still based on the Prison Law of 1917
thereby making it difficult for the organization to cope with the modem demands in
penology and other functional considerations in accordance with the United Nations
standards which has already shifted from punitive to reformatory treatment of prisoners.

‘The population of its inmates in 1989 was 12,900 manned by 2,362 employees,

viere 1461 of which were Custodial Personnel and 901 Civilian Employees, with a
prison guard-to-inmate ratio of 1:27. In 2009 or after 20 years, the inmate population rose
to 35,400 manned by the same 2,362 employees, where 1,328 are Custodial Personnel
and 1,034 civilian employees with a prison guard-to-inmate ratio of 1:81, and is

%) annually. As of December

162 plantilla positions,

continuously increasing at an average rate of five percent (
2010, BuCor has a total of 35,937 inmates with the same

Its local government counterpart, the Bureau of Jail Management and Penology
(BIMP), which is in charge of local inmates (under trial and convicted of 3 years and
61,006 inmates al an approximate ratio of
mitment of additional 500 Jail Officers as new
dard of

below}, has about 8,976 employees
1:18 and has an ongoing yearly
plantilia positions since 2007 until they reach the 1.7 ratio. The international s



rections has no yearly recraiiment of its

guard inmate ratio is 1:6. The Bureau of (
Prison Guards despite tts present 1:81 ratio.

BuCor likewise, miserably lags behind BIMP in terms of personnel remuneration
‘The entry level for a Jail Officer | at BIMP is SG-10 while @ Prison Guard 1 of BuCor has
a measly pay grade of five (31; the lowest commissioned officer of BIMP is at salary
grade 22 while its BuCor counterpan is at salary grade 11. Furthermore, unlike BIMP,
BuCor custodial personnel are not considered Uniformed Persomel, or not entitled to
salary increases/bonus and other benefits pertaining to uniformed personnel enjoyed by
such agencies like Bureau of Fire and Protection, National Mapping and Resource
Information Authority, and Bureau of Immigration, whose jobs are not closely exposed to
high-risk criminals as compared to BuCor. Promotion system in this agency has also been
subjective, There are Prison Guards who are retiring after 40 years or more in service
without having a taste of promotion.

‘The security facilities of BuCor, despite having vast land areas under its control
and supervision, are antiquated and inadequate as its present capacity has been
overloaded to reach high congestion rates (141 % for NBP, where 60% of national
inmates are confined). Likewise, BuCor lacks modem security equipment such as
surveillance cameras, handheld radios, firearms and other security-related equipment
BuCor's vast lands are “small worlds” of national inmates (especially those serving life
sentences) though they may appear large areas of land to the free society. Its trees and
‘vegetation were planted and taken care of by inmates for almost 100 years and BuCor
managed to preserve large forested lands within its reservation area from: illegal loggers
and from large influx of squatters for several decades now. Furthermore, these vast lands
serve as security buffer in the event of hot pursuit against escapees.

However, in the past, large portions of BuCor lands had been appropriated in favor
of certain local government units and other government agencies through Presidential
Proclamations and other laws to the detriment of its operation:

In view of the foregoing, the immediate passage of this bill is fervently requested



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTH REGULAR SESSION
Second Regular Session

House Bill No.

Introduced hy REPRESENTATIVE BERNADETTE HERRERA-DY

ANACT
STRENGTHENING THE BUREAU OF CORRECTIONS (BUCOR)
AND PROVIDING FUNDS THEREFOR

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

Congress assembled:

SECTION 1, Title. - This Act shall be known as "The BUREAU OF
CORRECTIONS ACT OF 2011".

Sec. 2, Declaration of Policy. - It is the policy of the stale to promote the general
welfare and safeguard the basic rights of every prisoner incarcerated in our national
penitentiary. It also recognizes the duty and responsibility of the state 10 strengthen
government capability aimed towards the institutionalization of highly efficient and

competent correctional services

Towards this end, the State shall provide for the modernization, professionalization

and restructuring of the BuCor by upgrading its facilities, increasing the number of its
personnel, upgrading the level of qualifications of their personnel and standardizing their

“nt and other benefits, making it at par with that of the BJMP.

base pay, retin

Sec. 3. Definition of Terms - (1) "safekeeping,” which is the custodial component of
BuCor's present corrections system, shall refer to the act that ensures the public (including
families of inmates and their victims) that national inmates are provided with their basic
needs, completely incapacitated from continuously committing criminal acts, and have been
totally cut-off from their criminal networks (or contacts in the free society) while serving
sentence inside the premises of the national penitentiary. This act also includes protection

against illegal organized armed groups who have the capacity atiack on any
unp of the national penitentiary to rescue their convicted comrade or to forcibly

prison
aiuass firearms issued to prison guards.



h is the rehabilitation component of BuCor's present

(2) "reformation." wh
corrections system, shall refer to the act that ensures the public (including families of inmates
and their victims) that released national inmates are no longer harmful to the community by
becoming reformed individuals prepared to live a normal and productive life upon

reintegration to the mainstream society.

Sec. 4, The Mandates of the Bureau of Corrections- The BuCor shall be in charge
of safekeeping and instituting reformation programs to national inmates sentenced to more
than three (3) years,

(1) Safekeeping of National Inmates - The safekeeping of inmates shall include decent
provision of quarters, food, water, and clothing in compliance with established United
Nations standards. The security of the inmates shall be undertaken by the Custodial Force
consisting of Corrections Officers with a ranking system and salary grades similar to its
counterpart in the Bureau of Jail Management and Penology

(2) Reformation of National Inmates - The Reformation Programs which will be
instituted by the BuCor for the Inmates shall be the following:

a) Moral & Spiritual Program;
b) Education & Training Program;

) Work & Livelihood Program; ¢
4) Sports & Recreation Program;

e) Health & Welfare Program; and

£) Behavior Modification Program to include Therapeutic Community.

(3) The Reformation Programs shall be undertaken by Professional Reformation
Personnel consisting of Corrections Technical Officers with ranking system and salary grades

similar to Corrections Officers.

a) Correctional Technical Officers (CTO) are personnel employed in the

implementation of reformation programs and those personnel whose nature of 29 work
requires proximate or direct contact with inmates:

b) Correctional Technical Officers includes priests, evangelists, pastors, teachers,
instructors, professors, vocational placement officers, librarians, guidance counselors,
physicians, nurses, medical technologists, pharmacists, dentists, therapists, psychologists,
psychiatrists, sociologists, social workers, engineers, electricians, agriculturist. veterinarians,
lawyers and similar professional skills relevant fo the implementation of inmate reformation

programs;

Sec. 5. Operations of the Bureau of Corrections- (1) The BuCor shall operate with
a directorial structure. It shall undertake reception of inmates through its Directorate for
Reception and Diagnostics (DRD), presently Reception and Diagnostic Center (RDC),



Provide basic needs and security through its Security and Operations Directorates, administer

reformation programs through its Reformation Directorates, and prepare inmate for
reintegration to mainstream society through its Directorate for External Relations (DER),
presently External Relations Division (ERD).

(2) The DRD shall be responsible for the conduct of classification of each and every
inmate admitted to the Bureau of Corrections. Inmates shall be classified according to
seourty risk and sentence. Included in the classification is determining inmate's certain skills
or talents, physical, spiritual, social, mental and psychological evaluation and other
behavioral assessments, as reference of DRD in the preparation of individual Inmate

Reformation Programs

(3) Aside from those bore of the provisions under Rule 8, Part 1. Rules of General
Application of the United Nations Standard Minimum Rules for the Treatment of Prisoners
and that of the existing regulation of the Bureau on security classification (i.e. Maximum,
Medium and Minimum Security Risk), inmates shall also be internally classified by DRD and
segregated according to crimes committed based on the related penal codes such as Crimes
Against Persons, Crimes Against Properties, Crimes Against Chastity, so on and so forth, as
well as by other related Special Laws, Custom and Immigration Laws.

(4) From DRD, the Custodial Force and Reformation Personnel of respective security
institutions/camps shall be in charge for the security and the implementation of the
recommended Inmate Reformation Program of each and every inmate while serving sentence,

respectively,

(5) The Directorate for Extemal Relations (DER) shall be responsible for pre-release
and post-telease programs of inmates due for release, The DER shall also classify’ inmates
according to skills acquired for referral and endorsement to appropriate companies or
corporations participating in BuCor On-The-Job Training 20 Programs for newly reformed
inmates. ERD shall also evaluate, classify, and apply 21 necessary programs to inmates for
teadiness to join the niainstream society upon release -

(6) Apart from handling inmates, BuCor shall administratively operate like a standard
government agency through its Administrative Directorates with internal control and internal

audit units.

(7) BuCor shall employ full computerization in the build-up, maintenance and
transmittal of necessary inmate records to all its Prison and Penal Farms and other recipient
agencies (i. Board of Pardons and Parole).

Sec. 6. Lands of the Bureau of Corrections- (1) Aside from administrative
purposes, all BuCor Lands shall be used for inmate security, reformation programs, and as a
means to promote sustainability, both for income and non-income generating programs, with
iGO's, civic organizations or other government entities

or without partnership among



(2) As a way to maximize its assets’ value for the effective and extensive reformation
(comections) programs for national inmates, BuCor shall have the absolute authority to
design. formulate and implement land-use development plans and policies

(3) BuCor may propose additional Penal Farms as may be necessary as possible, aside
from its existing seven (7) Prison and Penal Farms to decongest existing penal institutions
number of inmates committed to the ag

and accommodate the increasit

(4) All BuCor Lands shall have a Certificate of Title registered under its name.

See. 7. Facilities of the Bureau of Corrections- BuCor shall operate with standard
and uniform design of Prison Facilities, Reformation Facilities, and Administrative Facilities,
through all the operating Prison and Penal Farms such as the following:

a. Dormitory;
b. Administration Building;

©, Perimeter/Security Fences, 5
4, Hospital/Infirmary

¢, Recreation/Multipurpose Hall;

£. Training/Lecture Center;

g. Workshop Facility

fa, Mess Hall/Kitchen;

i, Visiting Area;

j. Water tank and Pump;
k. Reception and Diagnos!
I. Service Personnel Facilities

Sec. 8. Supervision of the Bureau of Corrections- The DOJ, having the BuCor as a
Jine bureau and a constituent unit, shall maintain a relationship of administrative supervision
with the latler as defined under Section 38 (2), Chapter 7, Book IV of E.0, No. 292
(Administrative Code of 1987), except for the power to review, reverse, revise, or modify the

decisions of the executive head of the BuCor in the exercise of latter's regulatory or quasi-
judicial functions, of which the DOJ shall retain authority over.

Sec. 9. Organization and Key Positions of the BuCor. - (1) The BuCor shall be
headed by a Director who shall be assisted by three (3) Deputy Directors, one (1) for
administration, one (1) for security and operations and one (1) for reformation, all of whom
shall be appointed by the President upon recommendation of the Secretary of the DOJ
Provided, that the Director and Deputy Directors of BuCor shall serve a tour of duty not to
exceed six (6) years: Provided further, however, that in times of war or other national
emergency declared by Congress, the President may extend such tour of duty.

(2) The Head of the BuCor with the rank of Director V shall have the position title of
Director General of Corrections. The second officers in command of the BuCor with the rank



of Director IV shall have the position title of Deputy Director of Corrections. The third
officer in command of the BuCor with the rank of chief superintendent shall have the position
title of Corrections Chief Superintendent. The fourth officer in command of the BuCor the
rank of semior superintendent shall have the position title of Corrections Senior
Superintendent. The fifth officer in command of the BuCor with the rank of Superintendent
f Corrections Senior Superintendent.

shall have position title

Sec. 10, Increase of Personnel. - Bucor shal! maintain the custodial personnel-to-
inmate ratio of 1:7 and reformation personnel-to-inmate ratio of 1:24, and therefore is
authorized to increase its manpower to mee! such ratio and must continue to increase
personnel per percentage rate increase of committed inmates annwally.

Sec. 11. Professionalization and Upgrading of Qualification Standards in the
Appointment of BuCor Personnel, - (1) No person shall be appointed as personnel of the
BuCor unless he! she possesses the following minimum qualifications.

4) A citizen of the Republic of the Philippines,
b) A person of good moral character,

) Must have passed the psychiatric’psychological, drug and physical test for the
purpose of determining his/her physical and mental health;

4) Must possess a baccalaureate degree from recognized institution of learning;

€) Must possess the appropriate civil service eligibility;

£) Must not have been dishonorably discharged of dismissal for cause from previous
employment;

g) Must not have been convicted by final judgment of an offense or crime

involving moral turpitude;

hh) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for

male, and one meter and fifty-seven centimeters (1.57 m.) for female; Provided,

‘That a waiver for height and age requirement\s shall be automatically granted

to applicants belonging to the cultural communities; and,

i) Must weight not more or less than five kilograms (5 kgs.) from the standard

Weight corresponding to his/her height, age and sex.

(2) Provided, That a new applicants must not be less than twenty one (21) nor more
than forty (40) years of age: except for this particular provision, the above-enumerated
qualifications shall be continuing in character and an absence of anyone of them at any given
time shall be ground for separation or retirement from the service: Provided, further, That
those who are already in the service upan the effectivity of this Act shall be given five (5)
years 10 obtain the minimum educational qualification and eligibility with subsidiary

assistance.

(3) After the lapse of the time of period for the satisfaction of specific requirement,
current personnel of the BuCor who will fail to satisfy any of the requirements enumerated
under this Section shall he separated from the service if they are below fifty (50) years of age



(20) years, or retired if they are age
1 for at least twenty (20) years without

and haye served in the government for less than nwen
fifty (50) and above and have served in the governmer
prejudice in either case to the payment of benefits they may be entitled 10 under existing

laws

(4) For sustained professionalism in the service, BuCor is directed to conduct study
for the feasibie establishmem of the Philippine Corrections Academy, pattemed to tite
Philippine National Police Academy (PNPA) of PNP and the Philippine Military Academy
(PMA) of the AFP for its commissioned officers.

(5) BuCor shall continue training its personne! through its Personnel Training School,

which shall be renamed as Corrections Training School/Institute pattemed after BIMP's Jail
National Training Institute (INTI) and the BOFs' Fire National Training Institute (FNTI and

the PNP's National Training Institute (PNT).

Sec. 12. Appointment of Personnel to the BuCor. - The appointment of the BuCor
shall be effected in the following manners:

a) "Corrections Officer I 10 Cosrections Chief Superintendent”. - Appointed by the
Director General of Corrections, and attested by the Civil Service Commission (CSC);

and

b) "Director General of Corrections and Deputy Director of Corrections ~ Appointed
by the President upon recommendation of the Secretary of the DOJ, with the proper
endorsement by the Chairman of the CSC

Sec. 13. Lateral Entry of Officer into the BuCor. - In general, all original
appointments of officers in the Bureau of Corrections shall commence the rank of
Corrections Inspector wherein applicants for lateral entry into the BuCor shall include all
those with highly specialized and technical qualifications such as, but not limited to, civil
engineers, technical engineers, electrical engineers, chemical engineers, chemist, architects,

“criminologists, certified public accountants, nurses, physical therapists, dentists, social
workers, psychologists, sociologists, guidance counselors, and teachers. Doctor of Medicine,
members of the Philippine Bar and chaplains shall be appointed to the rank of corrections
senior inspector in their particular technical service.

Sec. 14. Professionalization and Upgrading of Qualification Standards in the
Designation of Personne! of the BuCor to Key Positions. ~

a) No person shall be designated to the following key positions of the BuCor unless
vided therein

he/she has met the qualific

‘Sub-Colony Supervisor - Should have the rank of senior inspector, who have
finished at least second year Bachelor of Laws or eamed at least twelve (12) units in a


master degree program in management, public administration, public safety.
national security administration, defense studies, or

criminoiogy, penology, sociol
other related disciplines from a recognized institution of leaming, and must have
satisfactory passed the necessary training or career courses for suich position as may

be established by BuCor.

2) Colony Assistant Superintendent. - Should have the rank of chief inspector, who
must have finished at least second year Bachelor of Laws or eamed at least twenty
four (24) units in master’s degree program in management, public administration,
public safety, criminology, penology, sociology, national security administration,
defense studies or related disciplines from a recognized institution of learning and
must satisfactory passed the necessary training or career courses for such position as
may be established by the BuCor,

3) Colony Superintendent. - Should have the rank of superintendent, who must be a
graduate of Bachelor of Laws or a holder of a master's degree in management, public
administration, public safety, criminology, penology, sociology, national security
administration, defense studies or other related discipline from a recognized
institution of leaming, and must satisfactory passed the necessary training or career
courses for such position as may be established by the BuCor: Provided, That in
prison and penal farms with an inmate population of two thousand (2,000) but below
three thousand (3,000) the Colony Superintendent shall have the rank and
qualification of a Colony Senior Superintendent;

4) Regional Superintendent - Should have the rank of senior superintendent or chief
superintendent, who must be a graduate of Bachelor of Laws or a holder of a master's
degree in management, public administration, public safety, criminology, penology,
sociology, national security administration, defense studies or other related discipline
from a recognized institution of leaming, and must satisfactory passed the necessary
training or career courses for such position as may be established by the BuCor;
Provided, That in prison and penal farms with an inmate population of three thousand

(3,000) but below five thousand (§,000), the Regional Superintendent shall have the
rank and qualification of a Colony Senior Superintendent: Provided further that in
prison and penal farms with an inmate population of over five thousand (5,000), the
Regional Superintendent shall have the rank and qualification of a Chief
Superintendent;

ich position but

Any personnel of the BuCor who is currently occupying
lacks any of the qualifications mentioned therein shall be given five (5) years to
comply with the requirements: otherwise he’ she shall be relieved from the position,

Sec. 15. Professionalization and Qualifications Upgrading Program. - The DO!
shall design and establish a professionalization and qualifications upgrading. program for
personnel of the BuCor in coordination with the CSC and the Commission on Higher



or other similar pr

Education (Cr
within ninety (90) d

) though an off-campus education progran
vs from the effectivity of i

Act

There shall be
years from the

Sec. 16. Attrition System for the Personnel of the BuCor.
established a system of attrition for the personnel of the BuCor within five (
effectivity of this Act to be submitted by said bureau to the DOJ for approval. Such attrition
system shall include, but is not limited to, the provision of the following principles:

4) Attrition by Demotion in Position or Rank. - Any personnel of the BuCor
who is relieved and assigned to a position lower than that is established for his/her
grade in the respective staffing pattern, and wo shall not be assigned to a position
commensurate to his/her grade within two (2) years after such demotion in position
shall be separated or retired from the service;

) Attrition by Non-Promotion. - Any personnel of the BuCor who has not
been promoted for a continuous period of ten (10) years shall be separated or retired
from the service, except for those who are occupying a third-level position;

¢) Attrition by Other Means. - Any personnel of the BuCor with at least five
(5) years of accurnulated active service shall be separated fom the service based on
any of the following factors:

1) Inefficiency based on poor performance during the last two (2)
successive semestral ratings period;

2) Inefficiency based on poor performance for three (3) cumulative
semestral rating period:

3) Physical and/ or mental incapacity to perform his/her duties and

functions: or

4) Failure to complete the required career courses and/or appropriate
civil service eligibility for his/her position except for justifiable cause or
Teason; and

4) Separation or Retirement from the BuCor under this Section, - Any
personnel who is dismissed from the BuCor pursuant to the above-enumerated
principles in this Section shall be separated if he/ she has rendered less than twenty
(20) yeats of service, and be retired if he/ she has rendered at least twenty (20) years
of service unless the concerned personnel is disqualified by law to receive such
benefits



Sec. 17. Promotion System for the Personnel of the BuCor. - Within six (6) months
after the effectivity of this Act. the BuCor shall establish a system of promotion for the
personnel of the BuCor though the following principles

a) Rationalized Promotion System. - The system of promotion shal) be based
on merits and on the availability of vacant ranks in the BuCor staffing pattern. Such
system shall be gender-fair so as to ensure that women personnel of the BuCor shall

enjoy equal opportunity for promotion as to men;
'b) Requirements for Promotion -

1) Any personnel of the BuCor shall not be eligible for promotion to a
higher rank unless he/she has met the minimum qualification standards or the
appropriate civil service eligibility set by the CSC, and has the satisfactorily
passed the required psychiatric! psychological, drug and physical test;

2) Any personnel of the BuCor who has exhibited act of conspicuous
courage and gallantry at the risk his/her life above and beyond the cali of duty,
or selected as such in a nationwide search conducted by any accredited civic
organization, shall be promoted to the next higher rank, Provided, That these
shall be validated by the DOJ and the CSC based on established criteria

Sec. 18. Performance Evaluation System. — (1) There shall be established a
performance evaluation system which shall be administered with accordance with the rules,
regulations and standards, and a code of conduct for the personnel of the BuCor to be
promulgated by the BuCor through the DOJ. Such performance evaluation system shall be
administered in such a way as to foster the improvement of the individual efficiency and
behavioral discipline as well as the promotion of organizational
effectiveness and commitment to public service.

(2) The rating system as contemplated herein shall be based_on standard

Prescribed by the BuCor through the DOJ and shall be considered the result of the
annual psychiatrie/psychological and physical test conducted on the personnel of the

BuCor.

Sec. 19, Standardization of the Base Pay, Retirement and other Benefits of the
Personnel of the BuCor. - In order to enhance the general welfare, commitment to service
and professionalism of the uniformed personnel of the BuCor, they shall receive the
ininimam starting salary equivalent to the salary grade level of the comesponding rank
classification of their counterparts in the BJMP as provided under Republic Act No, 9263, in
the PNP, as provided under Section 36 of Republic Act No. 8551. and in the AFP, as
provided under Section 2 of Republic Act No, 9166,



sonnel of the BuCor shall be adjusted in acc

The rate of the ba
with the following salary

CUSTODIAL RANK Salary STATUS
RANK Grade

Director General of

Corrections 30 Civilian

Deputy Director of

Correotions 29 Uni. Civilian

Corrections Chief

Superintendent 27 Uniformed

Corrections Senior

Superintendent Corr. Technical Sr. 26 __ Uniformed
Superintendent

Corrections Sup’t Corr. Technical Supt. Uniformed

Corrections Chief Insp Corr. Technical Chief 24 Uniformed
Insp.

Corrections Senior Insp Corr. Tech Sr. Insp 2B Uniformed

Corrections Inspector Corr. Technical 2 Uniformed

Inspector

Corr. Senior Officer IV Cort, Technical Sr. 19 Uniformed
Officer IV

“Com, Seiler Officer I __ Cort, Technical Sr 18 Uniformed
Officer Ul

Cort. Senior Officer 1 Corr, Technical Sr. 7 Uniformed
Officer I

Corr. Senior Officer I Corr, Technical Sr. 16 Uniformed
Officer 1

14 ‘Uniformed

Cor. Officer II

Corrections Officer IT 2



e 1 1 Uniformed

chnical

Corrections Officer E

currently receive by the personnel of the BuCor under

Provided, that all benefits
eceived by them: Provided further, that their retirement

existing laws shall contmue to be
pay shall be subject to adjustment’ s based on the prevailing scale of base pay of the

uniformed personnel in the active service.

20. Retirement Benefits. - Upon compulsory retirement, any custodial officer

S
ident and below shill be entitled to retirement

from the rank of Corrections Chief Superint
benefits computed on the basis of one grade higher th

n the position he last h

Sec. 21. Funding Source. - The funds required for the implementation of this Act
including personnel benefits shall be taken from the budget of the Bureau of Corrections for
the current fiscal year and also from the following:

1. Collections from clearances and certification fees:
Service incomes from trainings and the like:
Income from institutional projects subject to MOAs, contracts or Joint

pe

‘Venture Agreements: and
4. Other miscellaneous incomes.

Thereafter, such amounts as may be necessary to implement this Act shall be included
in the Annual General Appropriations Act.

Sec. 22. Implementation. - The implementation of this Act shall be undertaken in
staggered phases, but not to exceed five (5) years, taking into consideration the financial
govemment: Provided, that any partial implementation shall be

position of the national
uniform and proportionate for all ranks.

Sec. 23. Implementing Rules and Regulations. - The DO! in coordination with the
Bueor, the eSc, the Department of Budget and Management (DBM), and the Department of

Finarice (DOF) shall, within ninety (90) days from the effectivity of this Act, promulgate the
rules and regulations necessary to implement the provisions of this Act.

Sec. 24. Annual Report. - The BuCor through the DOJ and the DBM shall jointly
submit to the President of the Senate and the Speaker of the House of Representatives an
annual report on the implementation of this Act. This report shall include information on the
application of the budget for the salary and other benefits provided under this Act. The DBM,
in consultation with the BuCor through the DOJ, shall periodically review and adjust every
five (5) years the rates of base pay. taking into consideration labor productivity. consumer
price index, oil price and other similar economic indicators as may be determined by the
‘National Economic and Development authority (NEDA).



Sec. 25. Separability Clause.- If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
not affected thereby.

Sec. 26. Repealing Clause. - All laws, decrees, orders, rules and regulations, and
other issuances, or parts thereof, which are inconsistent with the provisions of this Act, are
hereby deemed repealed, amended or modified accordingly.

Sec. 27, Effectivity, - This Act shall take effect fifieen (15) days after its complete
publication in the Official Gazette or in at feast two (2) newspapers of general circulation,
whichever comes earlier,

Approved,



Republic of the Philippines
TATE

Quezon City

45° Congress

Second Regular Session
COMMITTEE REPORT Nt
‘Submitted by the Committee on Rules on 22 AUG 2011

327, recommending its adoption without amendments;

Re House Resolution No.

Sponsors: Reps. Gonzales Hl, Bataoll, Lagman, Macapagal-Arroyo (G.), Suarez, Albano,

‘Alcover, Aquino I, Arroyo (D.}, Arroyo (I.), Macapagal-Arroyo (2.), Aumentado,
Bagasine, Romualdez, Cages, Datumanong, Dimaporo (F.), Fua, Gonzales (A.),
Lazatin, Magsaysay (M.), Obillo, Ortega (V.), Padilla, Pangandaman (M.H.),

Pangandaman (S.), Pichay, Revill2, Panotes, Radaze, Syjuco and Villarosa

Mr. Speaker:

The Committ

Betaoil, et al, entitled:
“RESOLUTION DIRECTING THE COMMITTEE ON JUSTICE TO CONDUCT AN
INVESTIGATION, IN AID OF LEGISLATION, ON ANOMALIES AND
IRREGULARITIES COMMITTED WITHIN THE NEW BILIBID PRISON COMPOUND
UNDER THE MANAGEMENT OF THE BUREAU OF CORRECTIONS”

‘on Rules has considered House Resolution No. 1327, introduced by Reps.

without

‘and recommends that the same be adopted by the House of Representati

amendments
oy comjtted
La,

NEPTALI M. GONZALES II
iairperson
Committee on Rul



First Regular

RESOLUTION NO.

HONORABLES LEOPOLDO N. BATAOIL, EDCEL C. LAGMAN, GLORIA
MACAPAGAL ARROYO, DANILO E. SUAREZ, RODOLFO B. ALBANO,
PASTOR M. ALCOVER JR., JOSE S. AQUINO I], DIOSDADO M.
ARROYO, IGNACIO T. ARROYO, JUAN MIGUEL M. ARROYO, ERICO
B, AUMENTADO, CATALINA C. BAGASINA, FERDINAND MARTIN G.
ROMUALDEZ, MARC DOUGLAS C. CAGAS~ IV, SIMEON A.
DATUMANONG, FATIMA ALIAH Q. DIMAPORO, IMELDA Q.
ORLANDO B. FUA, AURELIO D. GONZALES, JR.,

DIMAPORO,

CARMELO F, LAZATIN, MA. MILAGROS H. MAGSAYSAY, REENA
CONCEPCION G. OBILLO, VICTOR FRANCISCO C. ORTEGA, CARLOS
M. PADILLA, MOHAMMED HUSSEIN P. PANGANDAMAN, SOLAIMAN
C. PANAGANDAMAN, PHILIP A. PICHAY, LANT M. REVILLA, ELMER
E. PANOTES, ARTURO O. RADAZA, AUGUSTO L. SYJUCO and MA.

AMELITA C. VILLAROSA

RESOLUTION
DIRECTING THE COMMITTEE ON JUSTICE TO CONDUCT AN
STIGATION, IN AID OF LEGISLATION, ON ANOMALIES AND

LARITIES-COMMITTED WITHIN THE NEW BILIBID PRISON
AGEMENT OF THE BUREAU OF

INV
TRREG
COMPOUND UNDER THE M.

CORRECTIONS

WHERE
facilities under the B
the custody: and rebi


WHEREAS. some moneyed and in
jail guards and officials. are given “sleeping-o:
outside their cells while stayin,

on compou!

lege is irregular and prone 10 abuse

WHEREAS, the grant of sleeping-out priv:
ag shown in the case of former Batanges Governor Antonio Leviste. a convicted inmate

for the crime of homicide, who was found to have left the NBP premises without a

pass:

WHEREAS, there are also allegations that rampant illegal drug trade continues
within the national penitemiary which also reportedly resulted in the killing of a Bureau
of Corrections official who ordered the transfer 10 penal colonies of 40 prisoners

suspected 10 be involved in the drug trade:

WHEREAS, there is therefore @ need to investigate the veracity of such
shoricomings in the prison system and

anomalies and irregularities to correct the
recommend the prosecution of officials remiss in their duties and responsibilities:

Now, therefore. be it

RESOLVED BY THE HOUSE OF REPRESENTATIVES, To direct the

0 conduct an investigation, in aid of legislation, on anomalies

Committee on Justi
and irregularities committed within the New Bilibid Prison compound under the

management of the Bureau of Corrections.

Adopted,



s
je ee
HON, On OLDD N. BATON

GLORIA MACAPAGAL ARROYO
1, Pampanga

PASTOR M. ALCOVER, JR.

RODOLFO B, ALBANO
PL, Anad

First District, Lsabela

- DIOSDADO M. ARROYO
ines Sur

ihe AN MIGUEL M. ARROYO

ACIO T. ARROYO.
¢ Galing

ifth District, Negros Occidental

ones.

‘RICO B, AUMENTADO CATALINA C°
econd Djstrict, ‘Bohol PL, ALE

ERDINAND MARTIN G. ROMUALDEZ
rst Dist

let, Meguin la

ASINA



als SHEIN P. PANGANDAMAN
anao del Sur

tb

Second

A ARTURO- O. RADAZA

Lone

__

UMA. AMELITA C. VILLAROSA

4
ELMER E. PANOTES

Second Distri marines Norte

AUGUSTO L, SYJUCO



FACT SHEET

House Bit no,__ 6887

(House Bill Nos. 197, 712, 2880, 4619, 4766, 5546, 5741, 5926,
and House Resolution No. 1327)
Approved by the Committee on 29 January 2013

“The Bureau of Corrections Act of 2013"

Introduced by: ROILO S. GOLEZ, BERNADETTE HERRERA-DY, RUFUS 8B.
RODRIGUEZ, RODOLFO G. BIAZON, JOSEPH VICTOR G.,
EJERCITO, DANILO E£. SUAREZ, RANULFO P. “DODONG”
CANONIGO, RODEL M. BATOCABE, AND LEOPOLDO N. BATAOIL
Committee Referral: COMMITTEE ON JUSTICE (PRIMARY)
Committee Chairperson: REP. NIEL C. TUPAS, JR
Committee Referral: COMMITTEE ON APPROPRIATIONS (SECONDARY)
Committee Chairperson: REP. JOCELYN S. LIMKAICHONG

OBJECTIVES:

* To modemize, professionalize and restructure the Bureau of Corrections (BuCor) by
upgrading its facilities, increasing the number of its personnel, upgrading the level of
qualifications of its personnel and standardizing their base pay, retirement and other
benefits to make it at par with that of the Bureau of Jail Management and Penology

(BMP).

+ To strengthen government capability aimed towards the institutionalization of highly
efficient and competent correctional services in order to improve the criminal justice

system.
KEY PROVISIONS:

‘* Provides that the BuCor shall be in charge of safekeeping and instituting reformation
Programs to national inmates sentenced to more than three (3) years. The Reformation
Programs to be instituted by BuCor shall be the following: moral and spiritual programs;
education and training programs; work and livelihood programs; sports and recreation
programs; health and welfare programs and behavior modification program to include
therapeutic community.

* Provides that the BuCor shall operate under a directorial structure, namely the
Directorate for Reception and Diagnostics (ORD) which shall undertake reception of
inmates; Security and Operations Directorates which shall provide basic needs and
security; Reformation Directorates which shall administer reformation programs; and
Directorate for External Relations (DER) which shall prepare inmate for reintegration to
mainstream society.


¢ Mandates that the proposed law, the BuCor shall be headed by a Director who shall be

assisted by 3 Deputy Directors, one each for Administration, Security and Operations and
Reformation. Said key officers, who shall serve a tour of duty not to exceed six (6) years
from date of appointment, shall be appointed by the President upon the recommendation
of the Secretary of the Department of Justice (DOJ). _In times of war or other national
emergency declared by Congress, the President may extend such tour of duty.

* Provides that the DOJ shall maintain a relationship of administrative supervision with
BuCor being its line bureau and a constituent unit, except that the DOJ shall retain
authority over the power to review, reverse, revise or modify the decision of the bureau in
the exercise of its regulatory or quasi-judicial functions

* Provides for the following: professionalization and upgrading of qualification standards in
the appointment of BuCor personnel and professionalization and upgrading of
qualification standards in the designation of BuCor personnel to key positions. For this
Purpose, the DOJ is mandated to design and establish a professionalization and
qualifications upgrading program for BuCor personnel in coordination with the Civil
Service Commission (CSC) and the Commission on Higher Education (CHED), through

an off-campus program or other similar programs.

Mandates the BuCor to conduct studies for the feasible establishment of the Philippine
Corrections Academy, patterned after the Philippine National Police Academy (PNPA) of
PNP and the Philippine Military Academy (PMA) of the Armed Forces of Philippines
(AFP) for its commissioned officers.

‘* Seeks to establish the following: a system of attrition for BuCor employees; a promotion
system and a performance evaluation system.

* Provides for the standardization of the base pay, retirement and other benefits of the
BuCor personnel

* Provides that the incumbent BuCor Director and two (2) incumbent assistant directors
shall serve under the terms for which they have been appointed without need of new
appointments upon the enactment of the proposed law.

* Provides that the BuCor, through the DOJ and the Department of Budget and
Management (DBM), shall jointly submit to the President of the Senate and the Speaker
of the House of Representatives an annual report on the implementation of this Act. This
Teport shall include information on the application of the budget for the salary and other
benefits provided under this Act. Moreover, the DBM, in consultation with the BuCor
through the DOJ, shall periodically review and adjust every five (5) years the rates of
base pay, taking into consideration labor productivity, consumer price index, oil price and
other similar economic indicators as may be determined by the National Economic and
Development Authority (NEDA).

* Provides that aside from administrative purposes, all BuCor Lands shall be used for
inmate security, reformation programs, and as a means to promote sustainability, both for
income and non-income generating programs, with or without partnership among NGO's,
civic organizations or other government entities.


Furthermore, BuCor may propose additional Penal Farms as may be necessary as
possible, aside from its existing seven (7) Prison and Penal Farms to decongest existing
penal institutions and accommodate the increasing number of inmates committed to the

agency.

Provides that the funds required for the implementation of this Act including personnel
benefits shall be taken from the budget of the Bureau of Corrections for the current fiscal
year and also from the following: (1) Collections from clearances and certification
fees;(2) Income from institutional projects subject to MOAs, contracts or Joint Venture
Agreements; and (3) Other miscellaneous incomes (outside MOAs and contracts), such
as (a) Penal Farm Agro-Production; and (b) Inmate Handicraft Industry.

RELATED LAW:

Executive Order No. 292 (Administrative Code of 1987)

Factsheet. BuCor.doc;02/04/2013


Republic of the Philippines:

HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila
158 Congress
3 Regular Session.
COMMITTEE ON JUSTICE

FOR: ‘THE HONORABLE SPEAKER
THRU + ‘THE DEPUTY SECRETARY GENERAL FOR COMMITTEE AFFAIRS
RE SPOT REPORT OF THE MEETING OF THE COMMITTEE ON JUSTICE HE! ON 29 JANUARY

2013, TUESDAY, 9:30 A.M. AT CONFERENCE ROOMS 9 & 10, MITR4 BUILDING, HOUSE OF

REPRESENTATIVES,
DATE : 29 January 2013

Deliberation on House Bill No. 6553 authored by Rep. Mark A. Villar, granting Philippine Citizenship to
Peter Leslie Wallace

a. Major issues/positions and views aired:

* Members of the Committee present interposed no objection to HB No. 6553, noting the
contributions of Mr. Wallace, an Australian citizen, to the environment, education, and the
development of our country.

‘+The Bureau of Immigration noted that in more than 30 years Mr. Wallace has been in the country, he
has no derogatory record with the Bureau.

b. Agreement reached/Decision made:

* Rep. Aglipay moved to approve HB No. 6553, duly seconded by Rep. Bataoi. There being no
objection, the Committee approved the same, subject to style.

Deliberation on House Bill No. 6743 authored by Rep. Pedro B. Acharon, Jr., creating two (2) additional
Regional Trial Court branches in Polomoloc, South Cotabato.

a. Major issues/positions and views aired:

* The Office of the Court Administrator (OCA) of the Supreme Court welcomed the creation of
additional salas in South Cotabato. The representative of the OCA also noted that HB No. 6743
already has a counterpart bill in the Senate.

b. Agreement reached/Decision made:

* Rep. Aglipay moved to approve HB No. 6553, duly seconded by Rep. Batavil. There being no
objection, the Committee approved the same. enero ins



mM

Deliberation on the Bureau of Corrections Modernization Act of 2011 (consolidated measure of House
Bill Nos. 197, 712, 2880, 4619, 4766, 5546, 5741, 5926 and House Resolution No. 1327)

‘a. Major issues/positions and views aired:

* Members of the Committee asked for an update on the various issues and concerns raised during
the ocular inspections conducted by the Committee in the National Bilibid Prison (NBP) in
Muntinlupa, Women’s Correctional Facility in Mandaluyong, and Iwahig Penal Colony in Palawan.
Bureau of Corrections (BuCor) Officer in-charge (OIC) Rafael Ragos and NEP Chief Guillermo Ayala
reported that there is no more “brigada” system and no more sleeping-out privileges. The *kubol"
system was also abolished, and the existing “kubols” and structures are now being utilized by at,
least six (6) inmates, instead of just a favored few. There is also a stricter frisking procedure, such
that drugs can no longer go in or out of the NBP. Chairman Tupas promist- to go back to the NBP
after the passage of the bill in order to check the veracity of the statements made by OIC Ragos and
NBP Chief Ayala.

* Members of the Committee also asked about the steps the BuCor has taken to improve the quality
of BuCor personnel in its prisons and colonies. OIC Ragos explained that the new recruits take
classes in the Pamantasan ng Lunsod ng Mandaluyong as part of their training, and that this is one
of the steps the BuCor is undertaking pending the creation of the Philippine Correctional Academy.

© Rep. Arnaiz noted that HB 5926 is more comprehensive, and is substantially the same as Senate
Bill No. 3335. He also noted the letters of the President addressed to the Speaker of the House and
the Senate President certifying the necessity of the immediate enactment of SB Nu. 3335.

b. Agreement reached / Decision made:

‘+ After yielding the chair to Rep. Amaiz, Rep. Tupas moved to approve the substitute bill with the
Committee Report on the BuCor Modernization Act. The motion was duly seconded by Reps. Bataoll
and Kho. Vice-Chair Arnaiz instructed the Secretariat to include all the menhers present as principal
authors of the bill.

jared by: Noted by: a
ATTY. NARCISA H. GUEVARR) ATTY,
~~ Committee Secretary Servibe/Director

cc:

Clusfey/5 (Legal/Political 1)

‘The Deputy Speaker

The Honorable Chairman, Committee on Rules

The Secretary General

‘The Executive Director, Committee Affairs Department
‘The Deputy Executive Director, Committee Affairs Department
The Service Director, Committee Affairs Support Service