Sixteenth Congress f
Republic of the Philippines [*o !
First Regular Session (tee — [fb Ay

Introduced by Honorable Samuel D. Pagdilao

4541

HOUSE BILL NO.
EXPLANATORY NOTE,
Section 12, Article II of the 1987 Constitution provides:

“The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution, It shall equally
protect the life of the mother and the life of the
unborn from conception. ‘The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral
character shall receive the support of the
Government.”

It is public knowledge that our detention and prison facilities are
among the worst in the region. Due to the deplorable conditions of our
detention facilities and prisons, pregnant women in those facilities are more
likely to have high-risk pregnancies, considering that they are likely to have
less access to reproductive health care. It is submitted that pregnant detainees
and prisoners should not be denied decent living conditions and regular
access to reproductive health care.

In view of the constitutional mandate on the protection of the life of the
mother and the unborn child from conception, the undersigned proposes this
bill that shall establish minimum standards for the protection and medical
care of pregnant detainees and prisoners and prevent the handcuffing or
shackling of pregnant women in detention facilities and prisons except in
certain instances.

Immediate approval of this bill is eamestly sought.

SAMUEL D. PAGDILAO


Sixteenth Congress
First Regular Session,
HOUSE BILLNO.__ 4541

Introduced by Honorable Samuel D. Pagdilao

AN ACT PROVIDING FOR PROTECTION OF PREGNANT DETAINEES
AND PRISONERS:

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

Section 1. Title. - This Act shall be known as “Protection of Pregnant
Detainees and Prisoners Act of 2014”

Section 2. Declaration of Policy. ~ It is hereby declared the policy of the
State to protect the lives of pregnant women and their unborn children in any
detention facilities and prisons. Towards this end, the State shall provide
measures that will enforce a uniform standard of care for the protection of
pregnant women in prisons and detention facilities,

Section 3. Mandatory Protection for Pregnant Detainees/Prisoners - Upon
admission to a detention facility or prison, pending trial or after final
conviction:

a) A pregnant detainee ot prisoner shall be screened and assessed
for pregnancy by any competent public health authority;
provided, however, that the detainee or prisoner shall be
informed of any necessary medical tests connected with the
pregnancy scteening prior to the administration of such tests.

b) A pregnant detainee or prisoner shall receive counseling and
written material, in a form the detainee or prisoner can
understand, on pregnancy options and the detention facility
and prison’s policies and practices regarding care and labor for
pregnant detainee of prisoner.

¢)

‘A pregnant and postnatal inmate shall be provided regular
prenatal and postnatal medical care at the detention facility or


prison in which she is housed, including, but not limited to, the
following:

i, Periodic health monitoring and evaluation during

pregnancy;

‘The opportunity for minimum ambulatory movement

or exercise each day;

iii, A diet containing the nutrients necessary to maintain a
healthy pregnancy, including prenatal vitamins and
supplements;

iv. Written information regarding prenatal nutrition,
maintaining a healthy pregnancy and childbirth; and

v. Appropriate clothing, undergarments and sanitary
materials. ()

d) During the second and third trimesters of pregnancy or during
post-delivery recuperation, as determined by any competent
public health authority, the pregnant detainee or prisoner, as
the case may be, shall be transported to and from visits to a
government hospital and court proceedings in a vehicle with
seatbelts and may only be restrained using handcuffs in front.
a

©) A pregnant detainee of prisoner shall receive labor and delivery
care in any government hospital or any accredited hospital at
the choice of the detainee or prisoner provided that in the
latter case, the detainee ot prisoner shall shoulder the cost of
the services, and shall not be removed to another penal
institution for the purpose of giving birth.

£) A detainee of prisoner who is in any stage of labor or delivery,

as determined by any competent public health authority, or in

his absence, any licensed health care professional, shall not be
phced in’ restraints at any time, including during
transportation. ‘The cotrection officer present in the room
during the pregnant detainee or prisoner's _ physical
examinations, labor ot childbirth, shall be female. Whenever
possible, the correction officer shall be positioned in a location
in the room that will ensure, to the extent possible, patient

privacy.

g) In cases where an inmate is restrained, the restraints shall be
the least restrictive available and the most reasonable under the
circumstances. Leg or waist restraints shall not be used on a

f


pregnant or post-delivery detainee or prisoner. In the event
the correction officer determines that extraordinary
circumstances exist and restraints are used, the correction
officer shall fully document, in writing, the reasons that the
officer determined such extraordinary circumstances existed,
the kind of restraints used and the reasons those restraints
were considered the least restrictive available and the most
reasonable under the circumstances. If the attending physician
of nurse treating the pregnant detainee or prisoner requests
that restraints be removed for medical reasons, the correction
officer shall immediately remove all restraints. In all cases,
nothing in this section shall prohibit the use of hospital
restraints requested by a treating physician for the medical
safety of a patient.

Section 4. Post Pregnancy Care and Release ~ During post-delivery
recuperation, the detainee or prisoner shall remain in the hospital until the
attending physician certifies that she may be safely discharged and
transferred back to the correctional facility. The detainee or prisoner in
post-delivery recuperation shall not be placed in restraints, except under
extraordinary circumstances in accordance with Section 3(g) of this Act.

For the purposes of this section, “extraordinary circumstances” shall
mean a situation in which a correction officer determines that the specific
detainee or inmate presents an immediate and serious threat to herself or
others or in which the detainee or prisoner presents an immediate and
credible risk of escape that cannot be curtailed by other reasonable means.

Prior to release, correctional facility medical staff shall provide a
pregnant inmate with counseling and discharge planning in order to ensure
continuity of pregnancy-related care.

Section 5. Detention Facilities and Prisons - Detention facilities and
prisons housing female inmates shall ensure that at least 1 member of the
said facility and prison’s staff is trained in pregnancy-related care, which
shall include knowledge of prenatal nutrition, high-risk pregnancy, addiction
and substance abuse during pregnancy and childbirth education.) Further,
the said detention facility or prison shall provide decent living space for the
said pregnant detainee or prisoner.

Section Rules and Regulations. ~ The Department of Health together
with the Department of Interior and Local Goverment, and in consultation
with the Bureau of Jail Management and Penology shall promulgate the rules
and regulations for the implementation of this Act.


Section 13. Separability Clause. - If any provision or part hereof is held
invalid or unconstitutional, the remainder of this Act or the provisions not
otherwise affected shall remain valid and subsisting.

Section 14, Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or
modified accordingly.

Section 15, Effectivity Clause, - This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.