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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
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S E N A T E  
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Female detainees/prisoners in the Philippines represent a growing number, who are 
with particular needs that warrant particular attention. As of June 2008, the Bureau of Jail 
Management and Penology (BJMP) alone has recorded a total of 5,212 women inmates. Of 
these 5,212 women inmates, nearly 5,000 of them have not yet been sentenced. 
Unfortunately, however, despite the fact that under the law they are still presumed innocent, 
they are already faced with an even worse punishment of being subjected to different forms 
of abuses, primarily brought by the inherent imbalance of power between women inmates 
and security officers/personnel. 
This imbalance of power is manifested in the easy use of direct physical force and 
indirect force given the detainees'/prisoners' total dependency on officers for basic necessities 
and their ability to withhold privileges. Some women are lured into sex for favors such as 
extra food or personal hygiene products, or to avoid punishment. The abuse, including rape, 
inappropriate sexual touching, beatings, excessive pat-downs and strip searches, and the use 
of sexualized language, is a crude example of the power imbalance between prison security 
personnel and women inmates. 
Even more unfortunate is that these abuses remain unreported because of widespread 
fear of retaliation by the perpetrators. This is aggravated by the lack of a strict and concrete 
grievance or investigatory procedures, which gives the detentiodprison officers and 
employees impunity to continuously perform such abuses since they are rarely held 
accountable, administratively or criminally. This Bill, therefore, seeks to protect all women 
in state custody, who are under detention for investigation andor trial for an alleged 
commission of an offense or crime, or have already been sentenced with imprisonment by 
final judgment, irrespective of the place of their detention or imprisonment. It provides for 
their rights and prescribes the minimum standard rules for their treatment. Further, it 
establishes mechanisms for proper redress of complaints of women inmates and makes the 
heads of the detentiodprison institution directly accountable should he fail to act on the 
complaints. 
In view of the foregoing, the passage of this Bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
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S. B. No. 
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INTRODUCED BY THE HONORABLE MAR R O U S  
AN ACT 
PROTECTING WOMEN IN STATE CUSTODY, PRESCRIBING THE 
MINIMUM STANDARD RULES FOR THEIR TREATMENT, PENALIZING 
ACTS IN VIOLATIONS THEREOF AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House OfRepresentatives in Congress assembled: 
SECTION 1. Short Etle. - This Act shall be known as the "Women in State Custody 
Act of 2008". 
SEC. 2. Declaration of Policy - The State recognizes the rights of every woman 
under its custody and shall, therefore, endeavor to protect them from the different abuses in 
which they are often being subjected to while in detention or imprisonment. 
The responsibility of government authorities for the custody of prisoners and for the 
protection o f  society against crime shall be discharged in keeping with the State's other social 
objectives and its fundamental responsibilities for promoting the well-being and 
development of all members of society, specifically of women in state custody, who by their 
inherent special circumstances, are more susceptible to different forms of abuses. Towards 
this end, the State shall exert efforts to address all forms of abuse committed against women 
in state custody by prescribing and adopting the minimum standard rules for their treatment 
as set forth in this Act and penalizing acts made in violation thereof. 
SEC. 3. Coverage. - This Act shall apply to all women in state custody, whether under 
detention for investigation and/or trial for an alleged commission of an offense or crime, or 


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have already been sentenced with imprisonment by final judgment, irrespective of the place 
of their detention or imprisonment. 
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It shall cover all detention and prison facilities where there are women inmates, such 
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as those operated by the Bureau of Corrections (BuCor), the Bureau of Jail Management and 
Penology (BJMP), the Local Government Units (LGU), the Philippine National Police (PNP), 
the Armed Forces of the Philippines (AFP) and the Department of Social Welfare and 
Development (DSWD). 
SEC. 4. Regisrer. (1) In every place where women are detained or imprisoned, there 
shall be kept a bound registration book with numbered pages, exclusively dedicated to 
women detainees and prisoners in which hereunder information shall be entered in respect 
of each woman detainee/prisoner received: 
(a) Information concerning her identity; 
(b) The reasons for her commitment and the authority therefor; 
(c) The day and hour of her admission and release. 
SEC. 5. Separate Detentioflrison 
Cell and its Facilities. - (a) Female 
detainees/prisoners shall at all times be held separately from male detaineedprisoners. For 
this purpose, separate cells and facilities for women shall form part of the standard design in 
the construction and improvement of jails and its facilities. Provided that, in an institution, 
which presently receives both men and women, there shall be an entirely separate building, 
in which the whole of the premises shall be allocated exclusively to women 
detaineedprisoners. 
(b) In every women's institutions there shall be special accommodation for all 
necessary prenatal and post-natal care and treatment, Arrangements shall be made 
wherever practicable for children to be born in a hospital outside the institution. If a child is 
born in prison, this fact shall not be mentioned in the birth certificate. 
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SEC. 6. Rights of Women in State Custody - In addition to the existing rights 
provided for by law in favor of persons under detention or in prison, all women in state 
custody shall have the following rights: 
(a) 
Every woman in state custody shall be treated in a humane manner and with 
respect for the inherent dignity of the human person and with particular regard to the 
special circumstances of womanhood; 
(b) Detention or imprisonment shall only be carried out strictly in accordance with 
the provisions of the law and by competent officials or persons authorized for that purpose; 
(c) 
No woman under any form of detention or imprisonment shall be subjected to 
torture or to cruel, inhuman or degrading treatment or punishment and no circumstance 
whatever may be invoked as a justification for such acts; 
(d) No detained or imprisoned woman shall be subjected to any sexual abuse such 
as, but not limited to, having carnal knowledge or making any other form of sexual 
advancements; and 
(e) Any woman shall, at the commencement of detention or imprisonment, or 
promptly thereafter, be provided by the authority responsible for his detention or 
imprisonment, respectively with information on and an explanation of her rights and how to 
avail herself of such rights. 
SEC. 7. Treatmenr of Women in Stare Custody. - Each of the governmental agencies 
cited in Section 3 hereof shall at all times strictly implement the following: 
(a) 
women detainees; 
Female security personnel shall always be present during the interrogation of 
(b) 
At no time shall the male security personnel be allowed entry to 
detentiodprison facilities of women. Provided, however, that where there is an inevitable 
situation, which needs the presence of male security personnel in the detentiodprison 
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facilities for women, there should be no contact between male security personnel and female 
detainees/prisoners without the presence of female security personnel; and 
(c) 
In no case shall, male security personnel or male inmates be allowed to stay in 
the premises allocated for women during nighttime. 
SEC. 8. Mandatory Visit and Inspection of Women Detentioiu'Prison Cells and 
Facilities. - In order to supervise the strict observance of relevant laws and regulations, 
places of detention and imprisonment, the Commission on Human Rights (CHR) shall 
regularly visit and inspect the various women detention/prison cells and facilities, which 
shall be made without prior announcement to the agency concerned. Provided, however, 
that independent women organizations may likewise inspect such places, with prior 
coordination with the CHR. 
A detained or imprisoned woman shall have the right to communicate freely and in 
full confidentiality with the persons who visit and inspect the places of detention or 
imprisonment in accordance with preceding paragraph of this Section, subject to reasonable 
conditions to ensure security and good order in such places. 
SEC. 9. Recruitment and Training of Police, Military and Prison Personnel. - Each 
respective prison institution shall recruit an adequate number of women police office officers 
to specialize in cases of violence against women. All detentiodprison personnel of the 
government agencies referred to in Section 3 hereof shall receive mandatory training and 
information about unlawful discrimination, sexual harassment and standards for the 
protection of women's rights, and how to respect and enforce them properly, which shall be 
conducted by the Commission on Human Rights (CHR) or by duly registered non- 
government organizations in the field of women's rights. 
SEC. 10. Contplaints ofAlleged Abuse against Women in State Custody - A detained 
or imprisoned woman or her counsel shall have the right to make a complaint regarding her 
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treatment or violation of her rights, in particular in cases of sexual abuse, torture or other 
cruel, inhuman or degrading treatment, to the authorities responsible for the administration 
of the place of detentiodimprisonment or other proper authorities. In those cases where 
neither the detained or imprisoned person nor his counsel is unable to exercise her rights 
under this Section, a member of the family of the detained or imprisoned woman or any 
other person who has knowledge of the case may exercise such rights. Confidentiality 
concerning the complaint shall be maintained if so requested by the complainant. 
Every complaint shall be promptly dealt with and replied to without undue delay. 
Neither the detained or imprisoned woman nor any complainant under the preceding 
paragraph of this Section shall suffer prejudice for making a complaint. 
SEC. 11. Dury to Report Alleged Abuse against Women in State Custody - Prison 
officials and employees who have reason to believe that a violation of this Act has occurred 
or is about to occur shall have the duty to report the matter to their superior authorities and, 
where necessary, to other appropriate authorities. 
Any other person who has ground to believe that a violation of this Act has occurred 
or is about to occur shall have the right to report the matter to the superiors of the officials 
involved as well as to other appropriate authorities. 
SEC. 12. Accountability of the Head of the Prison hstitution. - (a) The respective 
heads of institutions responsible for the custody of women detainees/prisoners shall take 
effective steps to protect women detainees who report rape, sexual harassment and from 
other forms of abuses, threats, reprisals or any other form of intimidation. 
(b) The immediate respective heads of the detentiodprison institutions is prima facie 
presumed to have knowledge of the abuse committed against the women prisoners if: 
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a complaint has been made before him or such other authority 
designated to receive such complaint, or if abuse was openly 
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performed or well-known among her co-inmates or prison 
personnel; and 
the head of the prison institution has failed to act on the same. 
SEC. 13. Investigation o f  Alleged Abuse Against Women in State Custody. - All 
complaints of rape, sexual abuse, torture or any unlawful advancement or violation of the 
rights provided in this Act, committed by any person against a woman detainee/prisoner 
must be investigated promptly and independently by the CHR. A medical examination and 
an adequate legal services should be provided immediately for any woman in custody who 
alleges that she has been abused. 
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Whenever the abuse has resulted to death or unexplainable disappearance of a 
detained or imprisoned woman occurs during her detention or imprisonment, an inquiry 
into the cause of death or disappearance shall be held by the CHR, at its own instance or at 
the instance of a member of the family of such a person or any person who has knowledge of 
the case. When circumstances so warrant, such an inquiry shall be held on the same 
procedural basis whenever the death or disappearance occurs shortly after the termination of 
the detention or imprisonment. The findings of such inquiry or a report thereon shall be 
made available upon request, unless doing so would jeopardize an ongoing criminal 
investigation. 
SEC. 14. Penalty C/ause. - Any person who shall be guilty of violation of this Act 
shall suffer a penalty of six (6) months and one (1) day but not exceeding six (6) years, 
without prejudice to other criminal and administrative charges for which he may be held 
liable. 
SEC. 15. Separability Clause. - If, for any reason, any part or provision of this Act is 
declared invalid, such declaration shall not affect the other provisions of this Act. 
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SEC. 16. Repealing Clause. - All laws, decrees, executive orders, issuances, rules or 
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regulations or parts thereof, which are inconsistent with the provisions of this Act, are 
hereby deemed repealed, amended or modified accordingly. 
SEC. 17. Effectivity - This Act shall take effect sixty (60) days after its publication in 
the Official gazette and in two national newspapers of general circulation. 
Approved, 
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