FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'1;' 
JI\N 26 
D 1 
:~ 5 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 11, provides that: 
The State values the dignity of every human person and guarantees full 
respect for human rights. 
Men and women are raped and sexually brutalized in prisons throughout the country. 
Once subjected to sexual abuse, through violence or intimidation, a prisoner is easily trapped into 
a sexually subordinate role. Prisoners refer to the initial rape as "turning out" the victim, and the 
suggestion of transformation is telling. Through the act of rape, the victim is redefined as an 
object of sexual abuse. A prisoner has been proven weak and vulnerable in the eyes of other 
inmates. 
Prisoners who are unable to escape a situation of sexual abuse may find themselves 
becoming another inmate's "property." Victims of prison rape, in the most extreme cases, are 
literally the slaves of the perpetrators. Forced to satisfy another person's sexual appetites 
whenever demanded of the victim, the victim may also be responsible for washing clothes, 
giving massages, cooking food, cleaning cells, and other chores. The victims are frequently 
"rented out" for sex, sold, or even auctioned off to other inmates, replicating the financial aspects 
of traditional slavery. 
Prison rape is a serious human rights abuse that derails justice and destroys human 
dignity. This bill seeks to provide for the analysis of the incidence and effects of prison rape and 
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to provide information, resources, recommendations, and punishment to protect individuals from 
. 
I 
pnson rape. 
~"-
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.4","" ,O,;t;;.; 
.MIRIAM DE~SOR SA.ffflA~-
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J Originally filed during 14th Congress, I" Regular Session 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.No. 3110 
Introduced by Senator Miriam Defensor Sal1tiago 
I 
AN ACT 
T! 
J~N 26 
!) 1 :45 
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TO PROVIDE FOR THE ANALYSIS OF THE INCIDENCE AND EFFECTS OF PRISON 
3 
RAPE AND TO PROVIDE INFORMATION, RESOURCES, RECOMMENDATIONS, 
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FUNDING, AND PUNISHMENT TO PROTECT INDIVIDUALS FROM PRISON RAPE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This Act shall be known as the "Prison Rape Elimination 
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Act." 
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SECTION 2. Declaration of Policy. - It is the policy of state to value the dignity of every 
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human person and guarantee full respect for human rights. 
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SECTION 3. Dejnitian afTerms. - As used in this Act, the term: 
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(A) 
"Prison" means any national, city, provincial, or municipal confinement facility, 
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whether administered by such govermnent or by a private organization on behalf of such 
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government, and includes -
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(B) 
(1) 
(2) 
any local jailor police lockup; and 
any juvenile facility used [or the custody or care of juvenile inmates. 
"Jail" means a confinement facility of national, city, provincial, and municipal, or 
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local law enforcement agency to hold -
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(1) 
(2) 
persons pending adjudication of criminal charges; or 
persons committed to confinement after adjudication of criminal charges 
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for sentences of one (1) year or less. 
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(C) 
"Police lockup" means a temporary holding facility of national, city, provincial, 
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and municipal, or local law enforcement agency to hold -
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(D) 
(1) 
inmates pending bailor transport to jail; 
(2) 
(3) 
inebriates until ready [or release; or 
juveniles pending parental custody. 
"Prison rape" refers to the rape, as defined in Article 266-A of the Revised Penal 
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Code, of an inmate in the actual or constructive control of prison officials. 
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(E) 
"Inmate" or "prisoner" means any person incarcerated or detained in any facility 
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who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of 
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criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary 
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program. 
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(F) 
(G) 
(H) 
"Office" refers to the National Statistics Office. 
"Panel" refers to the Review Panel on Prison Rape. 
"Prosecutor" refers to the Chief State Prosecutor. 
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SECTION 4. Purposes. - The purposes of this Act are as follows: 
(A) 
To establish a zero-tolerance standard for the incidence of prison rape in prisons 
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in the Philippines; 
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(B) 
(C) 
To make the prevention of prison rape a top priority in each prison system; 
To develop and implement national standards for the detection, prevention, 
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reduction, and punishment of prison rape; 
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(D) 
To increase the available data and information on the incidence of prison rape, 
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consequently improving the management and administration of correctional facilities; 
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(E) 
To standardize the definitions used for collecting data on the incidence of prison 
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rape; 
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(F) 
To increase the accountability of prison officials who fail to detect, prevent, 
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reduce, or punish prison rape. 
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SECTION S. Annual Comprehensive Statistical Review. -
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(A) 
IN GENERAL. - The National Statistics Office shall carry out, for each calendar 
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year, a comprehensive statistical review and analysis of the incidence and effects of prison rape. 
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The statistical review and analysis shall include, but shall not be limited to the identification of 
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the common characteristics of -
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IS 
(B) 
(C) 
(1) 
(2) 
both victims and perpetrators of prison rape; and 
prisons and prison systems with a high incidence of prison rape. 
CONSIDERATIONS. - In carrying out paragraph (A), the Office shall consider-
(1) 
how the Office should collect information about stair-on-inmate sexual 
assault; 
(2) 
how the Office should collect information beyond inmate self reports of 
prison rape; 
(3) 
how the Office should adjust the data in order to account for differences 
among prisons; 
(4) 
the categorization of prisons; 
(5) 
whether a preliminary study of prison rape should be conducted to inform 
the methodology of the comprehensive statistical review. 
SOLICITATION OF VIEWS. -
The Office shall solicit views from 
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representatives of the following: Bureau of Correction, National Bilibid Prisons, Women's 
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Correctional, and Municipal jails; the Bureau of Jail Management and Penology; Department of 
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Social Welfare and Development; former inmates; victim advocates; researchers; and other 
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experts in the area of sexual assault. 
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(D) 
SAMPLING TECHNIQUES. - The review and analysis under paragraph (A) shall 
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be based on a random sample, or other scientifically appropriate sample, of not less than ten 
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percent (10%) of National Bilibid Prisons, Women's Correctional, City jails, provincial and 
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municipal prisons, and juvenile facilities. The selection shall include at least one (1) prison from 
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each city 01' province. The selection of facilities for sampling shall be made at the latest 
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practicable date prior to conducting the surveys and shall not be disclosed to any facility or 
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prison system official prior to the time period studied in the survey. Selection of a facility for 
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sampling during any year shall not preclude its selection for sampling in any subsequent year. 
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(E) 
SURVEYS. - In carrying out the review and analysis under paragraph (A), the 
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Office shall, in addition to such other methods as the Office considers appropriate, use 
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surveys and other statistical studies o[ current and former inmates from a sample of national, 
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provincial and municipal prisons, city jails and juvenile facilities. The Office shall ensure the 
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confidentiality of each survey participant. 
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(F) 
PARTICIPATION IN SURVEYS.-National, provincial, municipal and city 
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officials or facility administrators who receive a request [rom the Office under paragraph (D) or 
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(E) will be required to participate in the national survey and to provide access to any inmate in 
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their custody. 
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SECTION 6. Review Panel on Prison Rape. -
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(A) 
ESTABLISHMENT. - There will be a Panel, established within the Department 
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of Justice, to assist the Office in carrying out the review and analysis under Section 5 paragraph 
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A. 
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(B) 
(C) 
MEMBERSHIP. -
(I) 
Composition. - The Panel shall be composed of three (3) members, each of 
whom shall be appointed by the Secretary of Justice, in consultation with the 
Secretary of Health and the Secretary of Social Welfare and Development. 
(2) 
Qualilications. - Members of the Panel shall he selected from among 
individuals with knowledge or expertise in matters to be studied by the Panel. 
PUBLIC HEARINGS. -
(1) 
In General. - The duty of the Panel shall be to carry out, for each calendar 
year, public hearings concerning the operation of the three (3) national, provincial 
and municipal prisons with the highest incidence of prison rape and the two (2) 
prisons with the lowest incidence of prison rape. The Panel shall hold a separate 
hearing regarding the three (3) jails, police lockups and juvenile facilities with the 
highest incidence of prison rape. The purpose of these hearings shall be to collect 
evidence to aid in the identification of common characteristics of both victims and 
perpetrators of prison rape, and the identification of common characteristics of 
prisons and prison systems with a high incidence of prison rape, and the 
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(D) 
identification of common characteristics of prisons and prison systems that appear 
to have been successful in deterring prison rape. 
(2) 
(3) 
Testimony at hearings.-
(a) Public officials.-
In carrying out the hearings required under 
subparagraph (C), the Panel shall request the public testimony of national, 
city, provincial and local officials, including the warden or director of 
each prison, who bears responsibility for the prevention, detection, and 
punishment of prison rape at each entity, and the head of the prison system 
encompassing such prison. 
(b) Victims. - The Panel may request the testimony of prison rape victims, 
organizations represcnting such victims, and other appropriate individuals 
and organizations. 
Subpoenas. -
(a) Issuance. - The Panel may issue subpoenas for the attendance of 
witnesses and the production of documents or other matters. 
(b) Enforcement. - In the case of contumacy or refusal to obey a subpoena, 
the Secretary of Justice may in a court of appropriate jurisdiction obtain an 
appropriate order to enforce the subpoena. 
REPORTS.-
(I) 
Deadline. - Not later than June 30 of each year, the Secretary of Justice 
shall submit a report on the activities of the Office and the Panel, with respect to 
prison rape, [or the preceding calendar year to -
(2) 
(a) Congress; 
(b) Secretary of Health and 
(c) Secretary of Social Welfare and Development 
Contents.-The report required under paragraph (A) shall include-
(a) with respect to the effects of prison rape, statistical, sociological, and 
psychological data; 
(b) with respect to the incidence of prison rape-
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(E) 
(i) statistical data aggregated for the national, city, provincial, 
municipal and juvenile prison systems, and the levels of sexual 
abuse at individual prisons; 
(ii) a listing of those institutions in the representative sample, 
separated into each category identified under paragraph (F) and 
ranked according to the incidence of prison rape in each institution; 
and 
(iii) an identification of those institutions in the representative 
sample that appear to have been successful in deterring prison 
rape; and 
(iv) a listing of any prisons in the representative sample that did 
not cooperate with the survey conducted pursuant to Section 5. 
DATA ADJUSTMENTS. - In preparing the information specified in paragraph 
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(D), the Office shall use established statistical methods to adjust the data as necessary to account 
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for differences among institutions in the representative sample, which are not related to the 
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detection, prevention, reduction and punishment of prison rape, or which are outside the control 
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of the jurisdiction, prison, or prison system, in order to provide an accurate comparison among 
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prisons. Such differences may include the mission, security level, size, and jurisdiction under 
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which the prison operates. For each such adjustment made, the Attorney General shall identify 
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and explain such adjustment in the report. 
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(F) 
CATEGORIZATION OF PRISONS. - The report shall divide the prisons 
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surveyed into three (3) categories. One category shall be composed of all national and local 
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prisons. The other two categories shall be defined by the Prosecutor in order to compare similar 
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institutions. 
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(G) 
CONTRACTS AND GRANTS.- In carrying out its duties under this section, the 
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Prosecutor may--
(1) 
(2) 
provide grants for research thl'Ough the Department of Justice; 
contract with or provide grants to any other entity the Prosecutor deems 
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SECTION 7. Prison Rape Prevention and Prosecution -
(A) 
(B) 
(C) 
INFORMATION AND ASSISTANCE.-
(1 ) 
National clearinghouse. - There will be a National Clearinghouse 
established within the National Bilibid Prisons and Women's Correctional for the 
provision of information and assistance to local authorities responsible for the 
prevention, investigation, and punishment of instances of prison rape. 
(2) Training and education. - The National Bilibid Prisons and Women's 
Correctional shall conduct periodic training and education programs for national, 
city, provincial and local authorities responsible for the prevention, investigation, 
and punishment of instances of prison rape. 
REPORTS. -
(1) 
In General. -Not later than September 30 of each year, the National Bilibid 
Prisons and Women's Correctional shall submit a report to Congress and the 
Secretary of Health. This report shall be available to the Director of the Office. 
(2) 
Contents. - The report required under paragraph (A) shall summarize the 
activities of the Department of Justice regarding prison rape abatement for the 
preceding calendar year. 
PENALTY. - The prosecution for Prison Rape is equivalent to the penalty 
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imposed in rape with aggravating/qualifying circumstances under the Republic Act No. 8353 or 
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otherwise known as "The Anti-Rape Law of 1997." 
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SECTION 8. Grants to Protect Inmates and Safeguard Communities-
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(A) 
GRANTS AUTHORIZED. - From amounts made available for grants under this 
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section, the Prosecutor shall make grants to assist national, city, provincial, and municipal 
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authorities in ensuring that budgetary circumstances (such as reduced national and local spending 
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on prisons) do not compromise efforts to protect inmates (particularly from prison rape) and to 
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safeguard the communities to which inmates return. The purpose of grants under this section 
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shall be to provide funds for personnel, training, technical assistance, data collection, and 
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equipment to prevent and prosecute prisoner rape. 
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(B) 
USE OF GRANT AMOUNTS. - Amounts received by a grantee under this 
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section may be used by the grantee, directly or through sub-grants, only for one or more of the 
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following activities: 
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(I) 
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Protecting inmates.--Protecting inmates by-
(a) undertaking efforts to more effectively prevent prison rape; 
(b) investigating incidents of prison rape; or 
( c) prosecuting incidents of prison rape. 
Safeguarding communities.--Safeguarding communities by-
(a) making available, to officials of national and local governments who 
aTe considering reductions to prison budgets, training and technical 
assistance in successful methods for moderating the growth of prison 
populations without compromising public safety, including successful 
methods used by other jurisdictions; 
(b) developing and utilizing analyses of prison populations and risk 
assessmcnt instruments that will improve national and local governments' 
understanding of risks to the community regarding release of inmates in 
the prison population; 
(c) preparing maps demonstrating the concentration, on a community-by 
community basis, of inmates who have been released, to facilitate the 
efficient and effective -
(i) deployment of law enforcement resources (including probation 
and parole resources); and 
(ii) delivery of services (such as job training and substance abuse 
treatment) to those released inmates; 
(d) promoting collaborative efforts, among officials of national and local 
governments and leaders of appropriate communities, to understand and 
address the effects on a community of the presence of a disproportionate 
number of released inmates in that community; or 
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(C) 
(D) 
(c) developing policies and programs that reduce spending on prisons by 
effectively reducing rates of parole and probation revocation without 
compromising public safety. 
GRANT REQUIREMENTS. -
(1) 
Period. - A grant under this section shall be made [or a period of not more 
than two (2) years. 
(2) 
Amount - The amount of a grant under this Section shall be appropriated 
from the National Treasury. 
(3) 
Matching. - The National share of a grant under this section should not 
exceed fifty percent (50%) of the total costs of the project described in the 
application submitted under paragraph (D) for the fiscal year for which the grant 
was made under this section. 
APPLICATIONS. -
(1) 
In General. - To request a grant under this section, the chief executive of a 
national, city, provincial, or municipal government agency shall submit an 
application to the Prosecutor at such time, in such manner, and accompanied by 
such information as the Prosecutor may require. 
(2) 
Contents. - Each application required by paragraph (A) shall-
(a) include the certification of the chief executive that the jurisdiction 
receiving such grant-
(i) has adopted all national prison rape standards that, as of the date 
on which the application was submitted, have been promulgated 
under this Act; and 
(ii) will consider adopting all national prison rape standards that 
are promulgated under this Act after such date; 
(b) 
specify with particularity the preventative, prosecutorial, or 
administrative activities to be undertaken by the jurisdiction with the 
amounts received under the grant; and 
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(E) 
(c) in the case of 311 application for a gr3l1t for one or more activities 
specified in subsection (2) of paragraph (B), review the extent of the 
budgetary circumst311ces affecting the jurisdiction generally; describe the 
rate of growth of the national, city, provincial, or municipal prison 
population over the preceding 10 years and explain why the jurisdiction 
may have difficulty sustaining that rate of growth; and explain the extent 
to which officials (including law enforcement officials) of national and 
local governments and victims of crime will be consulted regarding 
decisions whether, or how, to moderate the growth of the national, city, 
provincial or municipal prison population. 
REPORTS BY GRANTEE. -
(I) 
In General. - The Prosecutor shall require each grantee to submit, not later 
than ninety (90) days after the end of the period for which the gr3l1t was made 
under this Section, a report on the activities carried out under the grant. The report 
shall identify and describe those activities and shall contain an evaluation of the 
effect of those activities on-
(2) 
(a) the number of incidents of prison rape, and the grantee's response to 
such incidents; and 
(b) the safety of the prisons, and the safety of the communities in which 
released inmates arc present. 
Dissemination. - The Prosecutor shall ensure that each report submitted 
under paragraph (1) is made available under the national clearinghouse 
established under Section 7. 
SECTION 9. National Prison Rape Elimination Commission 
(A) 
EST ABLISHMENT.-There is established a commission to be known as the 
National Prison Rape Elimination Commission (in this section referred to as the 
"Commission' '). 
(B) 
MEMBERS.-
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(J) 
In General.-The Commission shall be composed of 9 members, of 
whom-
(a) Three (3) shall be appointed by the President; 
(b) Two (2) shall be appointed by the Speaker of the House of 
Representatives, unless the Speaker is of the same party as the President, 
in which case one (1) shall be appointed by the Speaker of the House of 
Representatives and one (I) shall be appointed by the minority leader of 
the House of Representatives; 
( c) One (1) shall be appointed by the minority leader of the House of 
Representatives (in addition to any appointment made under subparagraph 
(B»; 
(d) Two (2) shall be appointed by the majority leader of the Senate, unless 
the majority leader is of the same party as the President, in which case one 
(1) shall be appointed by the majority leader of the Senate and one (1) 
shall be appointed by the minority leader of the Senate; and 
(e) One (l) member appointed by the minority leader of the Senate (in 
addition to any appointment made under subparagraph CD». 
(2) Persons Eligible.-Each member of the Commission shall be an individual 
who has lmowledge or expertise in matters to be studied by the Commission. 
(3) Consultation Required.-The Presideut, the Speaker and minority leader of 
the I-louse of Representatives, and the majority leader and minority leader of the 
Senate shall consult with one another prior to the appointment of the members of 
the Commission to achieve, to the maximum extent possible, fair and equitable 
representation of various points of view with respect to the matters to be studied 
by the Commission. 
(4) Term.-Each member shall be appointed for the life of the Commission. 
(5) Time for Initial Appointments.-The appointment of the members shall be 
made not later than 60 days after the date of enactment of this Act. 
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(C) 
(D) 
(6) Vacancies.-A vacancy in the Commission shall be filled in the mamlcr in 
which the original appointment was made, and shall be made not later than 60 
days after the date on which the vacancy occurred. 
OPERATION.-
(1) Chairperson.-Not later than 15 days after appointments of all the members 
are made, the President shall appoint a chairperson for the Commission from 
among its members. 
(2) Meetings.-The Commission shall meet at the call of the chairperson. The 
initial meeting of the Commission shall take place not later than 30 days after the 
initial appointment of the members is completed. 
(:3) Quorum.-A majority of the members of the Commission shall constitute a 
quorum to conduct business, but the Commission may establish a lesser quorum 
for conducting hearings schednled by the Commission. 
(4) Rules.-The Commission may establish by majority vote any other rules for 
the conduct of Commission business, if such rules are not inconsistent with this 
Act or other applicable law. 
COMPREHENSIVE STUDY OF THE IMPACTS OF PRISON RAPE.-
(1) In General.-The Commission shall carry out a comprehensive legal and 
factual study of the penalogical, physical, mental, medical, social, and economic 
impacts of prison rape in the Philippines on-
(a) National, provincial and local governments; and 
(b) communities and social institutions generally, including individuals, 
families, and businesses within such communities and social institutions. 
(2) Matters Included.-The study under paragraph (1) shall include-
(a) a review of existing national, provincial and local government policies 
and practices with respect to the prevention, detection, and punishment of 
pnson rape; 
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(b) an assessment of the relationship between prison rape and prison 
conditions, and of existing monitoring, regulatory, and enforcement 
practices that arc intended to address any such relationship; 
( c) an assessment of pathological or social causes of prison rape; 
(d) an assessment of the extent to which the incidence of prison rape 
contributes to the spread of sexually transmitted diseases and to the 
transmission of HI V; 
(e) an assessment of the characteristics of inmates most likely to commit 
prison rape and the effectiveness of various types of treatment or programs 
to reduce such likelihood; 
(f) an assessment of the characteristics of inmates most likely to be victims 
of prison rape and the effectiveness of various types of treatment or 
programs to reduce such likelihood; 
(g) an assessment of the impacts of prison rape on individuals, families, 
social institutions and the economy generally, including an assessment of 
the extent to which the incidence of prison rape contributes to recidivism 
and to increased incidence of sexual assault; 
(h) an examination of the feasibility and cost of conducting surveillance, 
undercover activities, or both, to reduce the incidence of prison rape; 
(i) an assessment of the safety and security of prison facilities and the 
relationship of prison facility construction and design to tile incidence of 
prison rape; 
Cj) an assessment of the feasibility and cost of any particular proposals for 
prison reform; 
(k) an identification of the need for additional scientific and social science 
research on the prevalence of prison rape in national, provincial, and local 
prisons; 
(I) an assessment of the general relationship between prison rape and 
prison violence; 
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(E) 
(m) an assessment of the relationship between prison rape and levels of 
training, supervision, alJd discipline of prison staff; and 
(n) an assessment of existing national and provincial systems for reporting 
incidents of prison rape, including an assessment of whether existing 
systems provide an adequate assurance of confidentiality, impartiality and 
the absence of reprisal. 
(3) Report.-
(a) Distribution.-Not later than 1 year after the date oftbe initial meeting 
of the Commission, the Commission shall submit a report on the study 
carried out under this subsection to-
(i) the President; 
(ii) the Congress; 
(iii) the Secretary of Justice; 
Civ) the Health Secretary; 
Cv) the Director of the Bureau of Corrections; 
(vi) the Director of the Bureau of Jail Management and Penology; 
(vii) the Department of Social Welfare and Development; 
(viii) the Governor of each province; and 
(ix) the Director of the Jail Division of each province. 
(b) Contents.-The report under subparagraph (A) shall include-
(i) the findings and conclusions of the Commission; 
(ii) recommended national standards for reducing prison rape; 
(iii) recommended protocols for preserving evidence and treating 
victims of prison rape; and 
(iv) a summary of the materials relied on by the Commission in the 
preparation of the report. 
RECOMMENDATIONS.-
Cl) In General.-In conjunction with the report submitted under subsection (d)(3), 
the Commission shall provide the Secretary of Justice and the Secretary of Health 
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with national standards for enhancing the detection, prevention, reduction, and 
punishment of prison rape. 
(2) Matters Included.-The information provided under paragraph (1) shall 
include recommended national standards relating to-
(a) the classification and assignment of pnsoners, US111g proven 
standardized instruments and protocols, 111 a manner that limits the 
occurrence of prison rape; 
(b) the investigation and resolution of rape complaints by responsible 
prison authorities, the Philippine National Police, and national and 
provincial prosecution authorities; 
( c) the preservation of physical and testimonial evidence for use in an 
investigation of the circumstances relating to the rape; 
(d) acute-term trauma care for rape victims, including standards relating 
to-
(e) the manner and extent of physical examination and treatment to be 
provided to any rape victim; and 
(f) the manner and extent of any psychological examination, psychiatric 
care, medication, and mental health counseling to be provided to any rape 
victim; 
(g) referrals for long-term continuity of care for rape victims; 
(h) educational and medical testing measures for reducing the incidence of 
EIV transmission due to prison rape; 
(i) post-rape prophylactic medical measures for reducing the incidence of 
transmission of sexual diseases; 
(j) the training of correctional staff sufficient to ensure that they 
understand and appreciate the significance of prison rape and the necessity 
of its eradication; 
(k) the timely and comprehensive investigation of staff sexual misconduct 
involving rape or other sexual assault on inmates; 
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(1) ensuring the confidentiality of prison rape complaints and protecting 
inmates who make complaints of prison rape; 
(m) creating a system for reporting incidents of prison rape that will 
ensure the confidentiality of prison rape complaints, protect inmates who 
make prison rape complaints from retaliation, and assure the impartial 
resolution of prison rape complaints; 
(n) data collection and reporting ot-' 
(i) prison rape; 
(ii) prison staff sexual misconduct; and 
(iii) the resolution of prison rape complaints by prison officials and 
national, provincial and local investigation and prosecution 
authorities; and 
(0) such other matters as may' reasonably be related to the detection, 
prevention, reduction, and punis11l11ent of prison rape. 
(F) 
CONSULTATION WITH RELATED ORGANIZATIONS.-In developing 
recommended national standards for enhancing the detection, prevention, reduction, and 
punishment of prison rape, the Commission shall consider any standards that have already been 
developed, or are being developed simultaneously to the deliberations of the Commission. 
(G) 
(H) 
HEARINGS.-
(1) In GeneraL-The Commission shall hold public hearings. The Commission 
may hold such hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers advisable to carry out its 
duties under this section. 
(2) Witness Expenses.-Witnesses requested to appear before the Commission 
shall be paid an appropriate fee, to be paid from funds appropriated to the 
Commission. 
INFORMATION FROM NATIONAL AGENCIES.-The Commission may 
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secure directly from any national government department or agency such information as the 
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Commission considers necessary to carry out its duties under this section. The Commission may 
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request the head of any provincial or local department or agency to furnish such information to 
the Commission. 
(1) 
PERSONNEL MATTERS.-~ 
(l) Travel Expenses.-The members of the Commission shall be allowed 
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reasonable travel expenses. 
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(K) 
SUBPOENAS.-
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(L) 
witnesses and the production of written or other matter. 
(2) Enforcement.-In the case of contumacy or refusal to obey a subpoena, the 
Secretary of Justice may obtain an appropriate order to enforce the subpoena. 
(3) Confidentiality of Documentary Evidence.-Documents provided to the 
Commission pursuant to a subpoena issued under this subsection shall not be 
released publicly without the affirmative vote ofM of the Commission. 
AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be 
appropriated such sums as may be necessary to carry out this section. 
(M) 
TERMINATION.-The Commission shall terminate on the date that is 60 days 
after the date on which the Commission submits the reports required by this section. 
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(0) 
IMPLEMENTATION.-The Secretary of Justice shall establish procedures and a 
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timeline for the implementation of this subsection. 
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SECTION 10: PREA Independent Oversight Agency--
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(A) 
ESTABLISHMENT. - The Commission on Human Rights of the Philippines 
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(CI-IR) shall establish, designate or maintain an independent oversight agency (lOA) to oversee 
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the implementation of PREA, including by auditing and measuring compliance with the PREA 
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standards developed by the Commission, pursuant to Section 9, paragraph E. 
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(1) The lOA and the lOA personnel shall be wholly independent from the 
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Department of Justice, the Philippine National Police, the Department of Social 
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Welfare and Development, and the Bureau of Jail Management and Penology. 
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(2) The CHR shall take necessary measures to ensure that the members of the 
lOA have the required capabilities and professional knowledge to serve the lOA 
effectively and efficiently. 
(3) The lOA shall carry out its oversight and monitoring functions in accordance 
with international treaties to which the Philippines is a state party. 
(B) 
POWERS OF THE lOA. - At a minimum, the lOA shall be authorized: 
(C) 
(1) to visit all facilities, as defined in Section 3, paragraphs A-C, at any time 
without notification. 
(2) to have private interviews with inmates without witnesses, either personally or 
with a translator if deemed necessary, as well as with any other person who the 
lOA believes may supply relevant information. 
(3) to receive confidential communications from any interested stakeholder, 
including inmates, their relatives, corrections staff, and advocates. 
(4) to exercise the powers granted to the CHR under Section 18 of the 
Constitution and Section 3 of Exccutive Order No. 163, except the power to grant 
immunity from prosecution. 
DUTIES OF THE IOA. --
(l) The lOA shall monitor implementation of PREA at the national, provincial, 
and municipal levels by: 
(a) gathering the views and concerns of PREA stakeholders, including 
provincial, 
municipal 
and 
national 
departments 
of corrections, 
professional organiZations, prisoners' rights advocates, former and cnrrent 
prisoners, and other organizations and individuals with expertise and 
experience regarding prison rape and policies and practices to eliminate it; 
(b) reviewing statistical studies, academic and other analyses, litigation 
addressing prison rape, and prison rape criminal prosecutions; 
(c) consulting with the National Statistics Office, the National 
Clearinghouse, the Prison Rape Elimination Commission, the Review 
Panel 011 Prison Rape, and the Chief State Prosecutor, 
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(2) The lOA shall audit each facility, in accordance with Section 0, to measure 
compliance with the PREA standards. 
(3) The lOA shall pnblish reports of its findings, in accordance with Section G. 
(D) 
FACILITY AUDITS--
(I) Effective one year after the release of the national standards, as established in 
Section 9, the lOA shall audit each prison, jail, and police lock-up to measure its 
compliance with the standards. These audits will occur on a rotating basis, such 
that one-third of all facilities are audited each year, and every facility has been 
audited within a three year period. 
(2) As part of each audit, the lOA shall visit and examine facilities as defined in 
Section 3, paragraphs A-C, and to examine the treatment of inmates as defined in 
Section 3, paragraph E, to assess compliance with the national standards. 
(3) When conducting audits, the lOA must (a) identify and gather data to be 
analyzed, (b) employ proper professional judgment when analyzing data, and ( c) 
work effectively with the appropriate authorities in planning audits. 
(E) 
ACCESS TO INFORMATION -- In order to enable the lOA to fulfill its duties, 
the Department of Justice undertakes to grant it: 
(F) 
(l) Access to all information concerning the number of inmates, as well as the 
number of places of detention and their location; 
(2) Access to all information referring to the treatment of inmates as well as their 
conditions of detention; 
(3) Access to all places of detention and their installations and facilities; 
(4) The opportunity to have private interviews with any inmate without witnesses, 
either personally or with a translator if deemed necessary, as well as with any 
other person who the lOA believes may supply relevant information; 
(5) The liberty to choose places to visit and the persons to interview; 
PROTECTION OF INFORMATION 
(1) No authority or official shall order, apply, permit or tolerate any sanction 
against any person or organization for having communicated to the lOA any 
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information, whether true or false, and no such person or organization shall be 
otherwise prejudiced in any way. 
(2) Confidential information collected by the IOA shall be privileged. No personal 
data shall be published without the express consent of the person concerned. 
REPORTS 
(1) The lOA shall submit an annual report to Congress, the Secretary of Justice, 
the Secretary of Health, the Secretary of Social Welfare and Development, 
and the National Clearinghouse established under Section 7 that includes: 
(2) 
(a) an assessment of national PREA implementation; 
(b) identified gaps in the progress of PREA-related efforts; 
(c) inconsistencies between PREA and other laws and policies; and 
(d) recommendations for further action. 
At the conclusion of each facility audit, the lOA shall publish a report 
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measuring the level of compliance with the national standards. In addition to 
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identifying with which standards the facility is not in compliance, the report will 
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discuss the level of cooperation afforded by facility officials and administration, 
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the extent of changes made throughout the audit process, and recommendations 
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for further improvements. 
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(3) Facility audit reports shall be provided to the chief executive with jurisdiction 
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over that facility, the warden of (he facility audited, the Review Panel on Prison 
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Rape, and the National Clearinghouse. 
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(4) 
All reports shall be made publicly available on the CHR website and wlder 
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the National Clearinghouse established under Section 7. 
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SECTION 11. Appropriations. - To carry out the provisions of this Act, such amount as 
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may be necessary is hereby authorized to be appropriated from the National Treasury. 
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SECTION 12. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, lelter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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