Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS

Second Regular Session
7793

House Bill No.

Introduced by Representative Jose Enrique S. Garcia III

EXPLANATORY NOTE

Republic Act No. 6975 otherwise known as the “Department of the Interior
and Local Government Act of 1990" created the Bureau of Jail Management and
Penology (BJMP) and placed under it the supervision and control of all city and
municipal jails, including their establishment and maintenance in every district, city
and municipality. The law, however, retained the supervision and control of
provincial jails to the concerned provincial governments. This divided the
administration of local jail facilities and services.

The fragmented administration of jail services in the country renders the
adoption of standardized policies and operational guidelines across local jails
more difficult. The BUMP has four major areas of rehabilitation program, namely:
livelihood projects, educational and vocational training, recreation and sports, and
religious/ spiritual activities. These programs are continuously implemented to
eliminate the offenders’ pattern of criminal behavior and to reform them to become
law-abiding and productive citizens.

Unlike the BJMP, rehabilitation programs for inmates in provincial jails
largely depend on the degree of care and attention placed by the provincial
governments. The quality of administration and management of provincial jails
tend to vary with the competence and resources of the provincial governments.
The disparity in priorities and resources influence the provincial governments’
capability and effectiveness to carry out programs designed to reform the
offenders and integrate them to society.

Transferring the supervision and control of provincial and sub-provincial jails
to the BMP unshackles the provincial governments of a sensitive responsibility
and allows them to concentrate and attend to the more urgent needs of their
respective constituents. At the same time, the management of local jails will be
unified under the BJMP, which is better-equipped and possesses the necessary
expertise in discharging the task of ensuring humane safekeeping and
development of inmates and persons deprived of liberty.


Support for this measure is therefore earnestly requested from my
colleagues.

REP. JOSE ENRIQUE S. GARCIA III
Seodnd District, Bataan


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Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS

Second Regular Session

House Bill No. TOD)

Introduced by Representative Jose Enrique S. Garcia III

AN ACT

TRANSFERRING THE CONTROL AND SUPERVISION OF THE
PROVINCIAL AND SUB-PROVINCIAL JAILS TO THE BUREAU OF
JAIL MANAGEMENT AND PENOLOGY, AMENDING FOR THE
PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975,
OTHERWISE KNOWN AS THE "DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT ACT OF 1990" AS AMENDED, AND
FOR OTHER PURPOSES.

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

SECTION 1. Section 61 of Republic Act No. 6975, otherwise known as the
“Department of the Interior and Local Government Act of 1990” is hereby amended
to read as follows:

"Section 61. Powers and Functions. - The Jail Bureau shall exercise
supervision and control over all PROVINCIAL, SUB-PROVINCIAL, city and
municipal jails. [The provincial jails shall be supervised and controlled by the
provincial government within its jurisdiction, whose expenses shall be subsidized
by the National Government for not more than three (3) years after the effectivity
of this Act.]"

SEC. 2. Section 62 of Republic Act No. 6975 is hereby amended to read as
follows:

“Section 62. Organization. — The Jail Bureau shall be headed by a Chief
who shall be assisted by a deputy chief.

The Jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL,
city and municipal jails, each headed by a PROVINCIAL, city or municipal jail
warden: Provided, That, in the case of large PROVINCES, cities and


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municipalities, a district jail with subordinate jails headed by a district jail warden
may be established as necessary.

The Chief of the Jail Bureau shall recommend to the Secretary the
organizational structure and staffing pattern of the Bureau as well as the
disciplinary machinery for officers and men of the Bureau in accordance with the
guidelines set forth herein and as prescribed in Section 85 of this Act.

SEC. 3. Section 63 of Republic Act No. 6975 is hereby amended to read as
follows:

“Section 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, District,
City or Municipal Jail. — There shall be established and maintained in every
PROVINCE, district, city and municipality a secured, clean adequately equipped
and sanitary jail for the custody and safekeeping of PROVINCIAL, city and
municipal prisoners, any fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national penitentiary, and/or violent
mentally ill person who endangers himself or the safety of others, duly certified as
such by the proper medical or health office, pending the transfer to a medical
institution.

SEC 4. 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 (BUMP): Provided,
That the concerned Provincial Government shall continue funding the subsistence
allowance of inmates and the maintenance of jail facility including but not limited to
electric and water expenses and necessary repairs until such time that the total
control and supervision of the facility shall have been transferred to the BUMP, but
not exceeding two (2) years from the effectivity of this Act.

SEC. 5. The existing employees and personnel of provincial and sub-
provincial jails shall enjoy security of tenure and shall be absorbed by the BIMP
subject to the qualification standards as provided for in Republic Act No. 9263 and
other laws, rules and regulation of the Civil Service Commission: Provided, That
those who fail to comply with the qualification standards at the time of transfer
shall be given a reasonable period from the effectivity of this Act to complete the
necessary requirements for the concerned position.

SEC. 6. Implementing Rules and Regulations. - The Department of the
Interior and Local Government (DILG) and the BJMP shall promulgate the
Implementing Rules and Regulations (IRR) within ninety (90) days from the
effectivity of this Act. The IRR shall take effect within (15) days after publication in
the Official Gazette or in two (2) newspapers of general circulation. All subsequent
amendments to the IRR shall also be published before taking effect.


SEC. 7. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

SEC. 8. Separability Clause. — If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in force and effect.

SEC. 9. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.