Republic of the Philippines
HOUSE OF REPRSENTATIVES
Quezon City

15" CONGRESS
First Regular Session

HOUSE BILLNO._4082

Introduced by REP. SALVADOR H. ESCUDERO III

EXPLANATORY NOTE

The advancement of a national standard in the operational management of all local
Jails, which include provincial jails, sub-provincial jails and district, city and municipal jails,
is of paramount importance to better uphold the basic and constitutional rights of inmates
who are detained/serving their sentence in such jail facilities. With such standard firmly
established and faithfully observed, there will be uniformity and boosted efficiency in the
implementation of the plans and programs that are geared toward the more effective
rehabilitation of inmates.

A present, Republic Act No. 6975 provides that “provincial jails shall be supervised
and controlled by the provincial government within its jurisdiction”. Hence under the said
law, the Bureau of Jail Management and Penology (BJMP) is not tasked with the operational
management, supervision and control of all the existing provincial jails.

In addition to the rationale stated above, this Act likewise offers the following
advantages, to wit:

1. There will be established a uniform and standard policy on the administration and
supervision of all local jails;

2. The administration and operation of all local jails will be entrusted to the BIMP,
which is a specialized agency the mission of which is specially geared toward the
safekeeping, reformation and rehabilitation of inmates. Thus, the objectives of the
public safety and institutional correction through jail supervision and management
could be better attained through this Act;

3. The provincial government will be unburdened with the task of supervising and
maintaining a jail facility resulting to its being able to devote its focus to its more
pressing responsibilities;

4. This Act will promote the professionalization of all jail personnel, which will now
include the provincial jail guards.

It is therefore requested that this measure be approved.

a
SALVADOR H. ESCUDERO III
Representative
I District, Sorsogon


Republic of the Philippines
HOUSE OF REPRSENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

HOUSE BILL No. 4062

Introduced by REP. SALVADOR H. ESCUDERO II

AN ACT
INTEGRATING ALL THE PROVINCIAL AND SUB-PROVINCIAL JAILS WITHIN
THE JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT AND
PENOLOGY AMENDING FOR THAT PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 7160, REPUBLIC ACT NO. 6975 AND REPUBLIC ACT NO.
9263

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

SECTION I. This Act shall be known as “An Act Integrating All the Provincial and
Sub-Provincial Jails within the Jurisdiction of the Bureau of Jail Management and Penology”;

SEC. 2. The State shall maintain peace and order, protect life, liberty and property,
and promote the general welfare that is essential for the enjoyment by all the people of the
blessings of democracy. It recognizes its responsi to enhance government in the
maintaining peace and order through the institutionalization of a highly efficient and
competent jail service under a unified jail management system;

SEC. 3. The management, supervision and control of provincial and sub-provincial
jails, including all its property, equipment, and finances, are hereby transferred to the Bureau
of Jail Management and Penology (BIMP);

The transfer, and/or absorption of the functions, appropriations, funds, records,
equipment, facilities, chooses on action, rights, and other assets of Provincial and Sub-
Provincial Jail to/by the BIMP shall be without prejudice to the provisions of R.A. 7160 that
are not otherwise inconsistent with this Act;

All personnel of Provincial and Sub-Provincial Jails, unless removed for cause, shall
be absorbed by the BJMP subject to such guidelines as may be implemented by the Oversight
Committee created herein; Provided: that such guidelines must be consistent with the
provisions of Republic Act No. 9263 and its implementing Rules and Regulations;

The Chief of the Bureau of Jail Management and Penology shall, within six (6)
months from the effectivity of this Act, recommend the organizational structure and staffing
of the assumed provincial and sub-provincial jails for the approval by the Oversight
Committee.

SEC. 4. The Local Government of the Province shall be a partner of the BMP in the
rehabilitation of the inmates in the provincial jails. For this purpose, the Sangguniang


Panlalawigan of each province shall provide for the maintenance and improvement of jails
and detention centers and shall appropriate funds for the subsistence of detainees and
convieted prisoners in the province;

SEC. 5. The heads of the provincial and sub-provincial jails within the province must
have the rank of Chief Inspector; Provided: that if the jail population is one thousand (1,000)
‘or more inmates, the Warden shall be the rank of Superintendent. He/she 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
satisfactorily pass the necessary training or career courses for such position as may be
established by the law;

SEC. 6. Upon the effectivity of this Act, the provincial jails, sub-provincial jails, and
district, city and municipal jails shall be under the command and direction of the Chief of the
Bureau of Jail Management and Penology who shall have the power to direct and control the
movement, deployment, assignment, and utilization of all its units and personnel, including
the absorbed jail guards of the transferred provincial and sub-provincial jails. This command
and direction shall extend to the utilization of all the present equipment, fa and other
resources of the BJMP, which shall deem to include all such equipment, facilities and other
resources of the provincial jails and sub-provincial jails;

SEC. 7. A Special Oversight Committee, composed of the Secretary of the Interior
and Local Government as Chairman, The Secretary of the Department of Budget and
Management as Co-chairman, and the Chairman of the Civil Service Commission, the
President of League of Provinces and the Chief of the Bureau of Jail Management and
Penology, as members, is hereby created to oversee the expeditious transfer and absorption
into the Bureau of Jail Management and Penology of all personnel, property, appropriations
and installations of the provincial and sub-provincial jails;

SEC. 8. The amount of hereby appropriated for the
purposed of carrying out the provisions of this Act. Thereafter, such amount as may be
necessary to implement the provisions of this Act shall be included in the Annual General
Appropriations Act;

SEC. 9. Within ninety (90) days from the effectivity of this Act, the Oversight
Committee shall promulgate the rules and regulations necessary to ensure the effective
implementation of this Act:

SEC. 10. Should any part, section or provision of this Act be declared invalid or
unconstitutional, the other parts, sections or provisions thereof shall remain valid and
effective;

SEC. 11. All laws, orders, rules or regulations which are inconsistent with or contrary
to the provisions of this Act are hereby amended or repealed accordingly;

SEC. 12. This Act shall take effect fifteen (15) days after the completion of its
publication in at least two (2) newspapers of general circulation.

Approved,