Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY “HORI” G. 
HORIBATA AND HON. NICOLAS “NICK” C. ENCISO VIII 
EXPLANATORY NOTE 
Having a parent in prison can affect a child’s mental health, social behavior, and 
education prospects. The emotional trauma that may occur by having a disrupted 
family life can be compounded by the social stigma that a child can encounter.  
The humble intent of this bill is to protect children of incarcerated parents from all forms 
of neglect and development problems, as the State must defend the rights of children 
and treat humanely all persons deprived of their liberty. It proposes placement and 
guardianship options for the minor children of the accused, specifying the persons the 
minor children are allowed to be placed under the care of.  
The bill also proposes child-friendly visitation programs for solo parents and children 
and the establishment of special visitation rooms for this purpose. Solo parents, who 
are for some reason incarcerated, are forced to leave their children behind. This 
hinders the growth and development of the innocent child. The bill aims to establish 
mechanisms in order to help solo parents raise their children and enjoy their parental 
rights regardless of their circumstances.  
The approval of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
 MIGUEL LUIS R. VILLAFUERTE 
TSUYOSHI ANTHONY “HORI” G. HORIBATA 
NICOLAS “NICK” C. ENCISO VIII 
September 13, 2022
8:00 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.,  
HON. MIGUEL LUIS R. VILLAFUERTE, HON. TSUYOSHI ANTHONY “HORI” G. 
HORIBATA AND HON. NICOLAS “NICK” C. ENCISO VIII 
AN ACT  
CREATING PROGRAMS FOR INCARCERATED 
PARENTS AND THEIR CHILDREN 
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 “Parents in Jail Act”. 
SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State that: 
(1)
The State shall defend the rights of children to special protection from all forms
of neglect and other conditions prejudicial to their development;
(2)
The State recognizes that all persons deprived of their liberty shall be treated
humanely and shall enjoy all the rights guaranteed to free persons, subject to
the restrictions that are unavoidable in a closed environment;
(3)
The State shall promote stable and solid relationships between children and
parents, who are their primary caregivers and support incarcerated parents to
develop and maintain their relationship with their children;
The State shall assure the right of the child to express his views freely in all matters 
affecting him, the views of the child being given due weight in accordance with his age 
and maturity. 
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SECTION 3. Apprising Incarcerated Parents of their Parental Rights. – In cases 
involving incarcerated parents, the court must give an appropriate warning of the 
special consequences concerning the parental rights of the accused that may result 
from a plea of guilty or conviction, especially the loss of parental authority. 
 
SECTION 4. Placement and Guardianship Options. – After arraignment and upon 
plea of guilty, the court shall inquire from the accused if the latter has any minor 
children and, in whose custody, the minor children are. In the event that the accused 
has minor children, the court shall motu proprio direct a social worker or a 
representative of the Department of Social Welfare and Development, to confer with 
the accused to discuss various options available to the latter, in relation to the care 
and custody of his or her minor children. A compliance report, duly signed by the 
accused, shall thereafter by submitted to the court, attesting that options have been 
discussed and the selected option, if any. 
 
Should the accused be unable to place his minor children under the care of a 
responsible adult, the minor children shall be placed under the care of the following 
persons, in the order indicated: 
 
1. 
Surviving grandparent; 
2. 
Oldest brother or sister, over twenty-one (21) years of age, unless unfit or 
disqualified; 
3. 
Any collateral relative of the accused, over twenty-one (21) years of age, and 
within the fourth civil degree of consanguinity or affinity of the minor children; 
and 
4. 
The Department of Social Welfare and Development. 
 
SECTION 5. Coordinating Body. – A coordinating body comprised of representatives 
from the Department of Justice, the Bureau of Corrections, the Department of Social 
Welfare and Development, and the Department of Health shall be established, for 
purposes of implementing the provisions of this Act. Such body shall: 
 
a. 
Formulate 
the 
necessary 
rules 
and 
regulations for the 
effective 
implementation of this Act; 


b. 
Provide for specific procedures for the placement of children of the accused 
or for infants born to women already incarcerated in state prisons; and 
c. 
Establish programs designed to provide counseling, health and other social 
services to the incarcerated parents and their children. Mothers’ and children’s 
(those under one (1) year old and still staying with their mother) access to 
health care services and medicines, including reproductive health care and 
medical attention, gynecological and pediatric services shall be assured by 
the institution where parent and child are detained. 
 
SECTION 6. Child-Friendly Visitation Programs. – The prison facilities shall 
establish child-friendly visitation opportunities for solo parents and children. A special 
visitation room for solo parents and children shall be provided for this purpose. 
 
SECTION 7. Independent Monitoring. – Frequent access to prisons shall be granted 
to relevant institutions such as the Commission on Human Rights, human rights non-
governmental organizations, and international organizations. The Coordinating Body 
shall assign persons to conduct independent monitoring of the various prison facilities. 
Such persons conducting monitoring tasks shall be allowed to make periodic and 
unannounced visits to the premises and speak in private with imprisoned solo parents 
and their children. 
 
SECTION 8. Appropriations. – The amount necessary to carry out the provisions of 
this Act is hereby authorized to be appropriated in the budget of the Department of 
Social Welfare and Development and included un the General Appropriations Act of 
the year following the enactment of this law and every year thereafter. 
 
SECTION 9. Separability Clause. – Should any provision herein be declared 
unconstitutional, the same shall not affect the validity of the other provisions of this 
Act. 
 
SECTION 10. Repealing Clause. – All laws, decrees, orders, rules, and regulations 
or other issuances or parts inconsistent with the provisions of this Act are hereby 
repealed, amended, or modified accordingly. 
 


SECTION 11. Effectivity Clause. – This Act shall take effect in fifteen (15) days after 
publication in the Official Gazette or in one (1) newspaper of general circulation in the 
Philippines. 
 
Approved,