THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
’04 RUG -4 P3 38 
,: 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 3 provides: 
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading, 
or inhuman puniShient inflicted. Neither shall death penalty be imposed, unless, 
for compelling reasons involving heinous crimes, the Congress hereafter provides 
for it. Any death penalty already imposed shall be reduced to reclusion perpetua. 
(2) The employment of physical, psychological, or degrading punishment 
against any prisoner or detainee or the use of substandard or inadequate penal 
facilities under subhuman conditions shall be dealt with by law. 
This constitutional provision does not imply that the punishment or penalties imposed on 
the convict may be lightened by allowing prisoners to live luxuriously 
example would be alleged “VIP” (very important person) treatment 
(NBP) to a certain convict (“Jalosjos has bathtub in Munti” 
.
.
 
The Penal Code, on the other hand, reminds us of the five underlying theories justifying 
penalty - (1) prevention of crime; (2) self-defense for the protection of society; (3) reformation 
of the criminal; (4) exemplarity to deter others from committing crimes; and (5) justice (Reyes, 
Luis B. The Revised Penal Code, Criminal Law, Book One, Revised 1998 Ed,) 
The very purpose of imposing penalty or punishment on a convict or any violator of law 
would be ineffective if we allow this situation to continue. Thus, this hill aims to prevent 
Iuxurious conditions in prisons particularly for selected prisoners. 


,.. 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
‘04 fi{]G -4 P3 :I 8 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PREVENT LUXURIOUS CONDITIONS IN PRISONS 
%e it enacted by Senate and the House of Representutives of the Philippines in Congress 
assern bled: 
SECTION 1. Short title. - This Act shall be known as the “No Frills Prison Act”. 
SECTION2. Decllration of Policy. - It is a policy of the State to prevent the imposition 
This policy should, however, be 
-* - 
of excessive, cruel, degrading or inhuman punishment. 
balanced with the duty of the State to protect its citizens from criminals. 
SECTION 3. Ehinatioit ofLunurious Prison Conditions. - Prison officials shall provide 
living conditions and opportunities to prisoners within its prison that are 
those conditions and opportunities the average prisoner would have 
were not incarcerated, and does not provide to any such prisoner - 
(1) who earned good behavior credits: 
(a) less than forty (40) hours a week of w ork that either offsets or reduces the 
expenses of keeping a prisoner or provides resources toward restitution of victims; 
(b) unmonitored phone calls, except when between the prisoner and prisoner’s 
immediate family or legal counsel; 
(c) in-cell television viewing; 
(d) the viewing of R, X, or similarly rated movies, through whatever medium 
presented; 


broadcast) or training equipment for boxing, wrestling, judo, karate, or other material,&, or any 
bodybuilding or weightlifting equipment of any sort; 
(f) except for use during required work, the use or possession of any electric or 
electronic musical instrument, or practice on any musical instrument for more that one hour a 
day; 
(g) use of personally owned computers or modems; 
(h) possessions of in-cell coffee pots, hot plates, or heating elements; 
(i) any living or work quarters into which the outside view is obstructed; 
(j) food exceeding in qualityor quantity that which is available to the average 
prisoners; 
(k) dress or hygiene, grooming or appearance other than those allowed as a 
uniform or standard in the prison; or 
(1) equipment or facilities at public expense for publishing or broadcasting 
content not previously approved by prison officials as consistent with prison order and prisoner 
discipline; and 
- 
.- 
-- 
(2) 
injury to another - 
who is serving a sentence for a crime of violence which resulted in serious bodily 
(a) housing other than in separate cell blocks extended for violent pri4oners and 
(b) less than 9 hours a day of p hysical 1 abor, with confinement to c 11 for ahy 
refusing to engage in that labor, but a prisoner not physically able to do physical labor may be 
assigned to alternate labor; 
I 
designed to emphasize punishment rather than rehabilitation; 
(c) any temporary furlough, leave, excursion, or other release from the prison for 
any purpose, unless the prisoner remains at all times under physical or mechanical restraints, 
such as handcuffs, and under constant escort and immediate supervision of at least one armed 
correctional officer; 
(d) any viewing of television; 


(e) any inter-prison travel for competitive sports, whether as participant or 
spectator; 
(f) more than one hour a day spent for sports or exercise; or 
(8) possession of personal property exceeding 75 pounds in total we 
can not be stored in a standard size bag. 
ght or that 
.. 
. 
. 
SECTION 4. Implementing Rules and Regulations. - The Secretary of the Department 
of Justice shall, within ninety (90) days after approval of this Act, after consultation with the 
appropriate government agencies concerned in the administration of justice, promulgate rules 
and regulations for the effective and efficient implementation of the provision of this Act, 
SECTION 5. Separability Clause - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Repealing Clause - Any law, presidential decree or issuance, executive 
order, letter of instructign, 
.- administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
I. 
SECTION 7. Effectivity Clause - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
11484 rpc