NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
Senate
tSfficr of tlir sSriutorj)
•22 NOV-3 P5 ^0
SENATE
S. No. 1453
RHCEIVED BY.
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
MANDATING THE REPORTING OF DEATHS AND ILLNESSES OF PERSONS 
DEPRIVED OF LIBERTY AND DETAINED CHILDREN IN CONFLICT WITH THE 
LAW, PENALIZING NON-REPORTING AND FALSE REPORTING OF DEATHS 
THEREOF, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Under Rule 1 of the United Nations Standard Minimum Rules for the Treatment 
of Prisoners or the Nelson Mandela Rules, "[a]ll prisoners shall be treated with the 
respect due to their inherent dignity and value as human beings..."
The Bureau of Corrections (BuCor) has recently reported that even before the 
COVID-19 pandemic, at least 3 Persons Deprived of Liberty (PDLs) died in their 
facilities each day. In 2021, 1,166 out of 48,501 PDLs died inside jail facilities. The 
recorded deaths were the highest in 32 years, the report added. From January to 
September this 2022, the data also revealed that more than 700 inmates have died.
In an article published by The Telegraph in December 2017, entitled, "Faking 
your own death: How the Philippines became the global leader for a macabre trade," 
it has detailed how deaths could be faked to escape financial debt burden. According 
to the author who visited the Philippines and stayed for a week, the death certificate 
was obtained from the locals, who had connections with "a mole working inside a 
government agency." To an extent, a black market even sells dead bodies to use as 
proof of death for the insurance companies.
In July 2020, the sudden death of Jaybee Sebastian, a high-profile criminal with 
strong links to prison drug trade, and eight other high-profile inmates, allegedly due 
to COVID-19, has been beset by doubts. After two years, the National Bureau of 
Investigation (NBI) had filed a murder case for the death of eight inmates who died


from May to June 2020. Where high-profile inmates 'gradually disappeared' from 
Bilibid's isolation facility, COVID-19 was allegedly used to cover up the real cause of 
their deaths.
Recently, the reported death of the alleged middleman in the plot to murder 
veteran broadcaster Percy Lapid died at the New Bilibid Prison, raising similar concerns 
on suspicious deaths under the custody of our penai system.
The late reporting of deaths of these high-profile inmates, and the veracity of 
these reports have been strongly questioned. The Filipinos have the right to know 
what really happened with these inmates.
In light of these recent controversies, the bill seeks to address the seemingly 
lack of laws regarding the reporting of deaths and illnesses of PDLs and detained 
children in conflict with the law (CICL) by enacting a mandatory reporting of the deaths 
of PDLs and CICLs to the Supreme Court, Executive Department, and the Commission 
on Human Rights (CHR). The bill also proposes the automatic investigation regarding 
the deaths of PDLs and CICLs who died under suspicious circumstances and 
mandatory autopsy of PDLs and CICLs who have been charged or convicted of a 
heinous crime or crimes punishable by death, reclusion perpetua, or life imprisonment, 
or one who died unexpectedly or under suspicious circumstances.
This bill has been previously filed by Sen. Richard J. Gordon in the 18th 
Congress.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
RAMON ^NG REVILLA, JR.


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE
S. No. 1453
^cuat(
ot tliF feru'ftai';;
72 NOV “3 P5-40
RECEIVED BY:
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
MANDATING THE REPORTING OF DEATHS AND ILLNESSES OF PERSONS 
DEPRIVED OF LIBERTY AND DETAINED CHILDREN IN CONFLICT WITH THE 
LAW, PENALIZING NON-REPORTING AND FALSE REPORTING OF DEATHS 
THEREOF, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Death in Custody
2 
Reporting Act of2022."
3 
Sec. 2. Declaration of Policy. -It is the declared policy of the State to ensure
4 
that the execution of sentences is properly and completely served, within the bounds
5 
of the law. Furthermore, it is in the interest of the State to investigate all suspicious
6 
deaths of persons in custody to ensure the proper dispensation of justice. For this
7 
purpose, sufficient mechanisms for proper monitoring of deaths in custody shall be in
8 
place.
9 
Sec. 3. Definition of Terms. - As used in this Act:
10 
a. Child in conflict with the law (CICL) - refers to a detained child who is accused
11 
of, or adjudged as, having committed an offense under Philippine laws;
12 
b. Person Deprived of Liberty (PDL) - refers to a person who has been arrested,
13 
held in lawful custody, or detained, or imprisoned awaiting or pending trial, or
14 
execution of a lawful sentence;
15 
c. Jail - refers to a place of confinement for inmates under investigation or
16 
undergoing trial, or serving short-term sentences. Jails include provincial,
17 
district, city and municipal jails managed and supervised by the Provincial


1 
Government and the Bureau of Jail Management and Penology (BJMP),
2 
respectively, which are both under the Department of the Interior and Local
3 
Government (DILG).
4 
d. Prison - refers to the national prisons or penitentiaries managed and
5 
supervised by the Bureau of Corrections (BuCor), an agency under the
6 
Department of Justice (DOJ).
7 
e. Suspicious circumstances - refer to circumstances which would lead a
8 
reasonable man — based on his skills, experience, and/or understanding of the
9 
circumstances — that there is a possibility that the death of a PDL or CICL is
10 
fictitious or caused by unlawful means.
11 
f. Youth Detention Home - refers to a 24-hour child-caring institution managed
12 
by accredited local government units (LGUs) and licensed and/or accredited
13 
non-government organizations (NGOs) providing short-term residential care for
14 
CICL who are awaiting court disposition of their cases or transfer to other
15 
agencies or jurisdictions.
16 
g. Youth Rehabilitation Center - refers to a 24-hour residential care facility
17 
managed by the Department of Social Welfare and Development (DSWD),
18 
LGUs, licensed and/or accredited NGOs monitored by the DSWD, which
19 
provides care, treatment and rehabilitation services for CICL. Rehabilitation
20 
services are provided under the guidance of a trained staff, where residents
21 
are cared for under a structured therapeutic environment, with the end view of
22 
reintegrating them into their families and communities as socially functioning
23 
individuals. Physical mobility of residents of said centers may be restricted
24 
pending court disposition of the charges against them.
25 
Sec. 4. Reporting of Death Information. -The BuCor, the BJMP, wardens of the
26 
provincial jails and heads of youth detention homes and youth rehabilitation centers
27 
shall submit the following:
28 
a. Report to the Executive. - A monthly report to the DOJ, DILG, and DSWD
29 
on the deaths of PDLs or CICLs: Provided, That in case the PDL or CICL
30 
has been charged or convicted of a heinous crime or crimes punishable
31 
by death, reclusion perpetua, or life imprisonment, the BuCor, BJMP,
32 
wardens of the provincial jails, and heads of youth detention homes and


1 
youth rehabilitation centers shall notify the DOJ, DILG and DSWD
2 
immediately upon the death of the PDL or CICL, through both modern
3 
and traditional communication means and devices;
4 
b. Report to The Supreme Court. - A report to the Supreme Court, through
5 
the Office of the Court Administrator, immediately upon the death of
6 
PDLs and CICLs charged or convicted of a heinous crime or crimes
7 
punishable by death, reclusion perpetua, or life imprisonment; and
8 
c. Report to the Commission on Human Rights (CHR). - The reports
9 
required under paragraphs (a) and (b) of this Section shall likewise be
10 
submitted to the CHR.
11 
Sec. 5. Information Required. - The reports required under Section 4 shall
12 
contain information that includes:
13 
1. The name, gender, race, ethnicity, and age of the deceased;
14 
2. The date, time, and iocation of death;
15 
3. The law enforcement agency that detained, arrested, or was in the
16 
process of arresting the deceased;
17 
4. A brief description of the circumstances surrounding the death; and
18 
5. Other details as may be required by the implementing rules and
19 
regulations.
20 
Sec. 6. Automatic Investigation. - The DOJ, through the National Bureau of
21 
Investigation (NBI), shall conduct motu propio automatic investigation of PDLs and
22 
CICLs who died under suspicious circumstances. Suspicious deaths in custody must
23 
be investigated promptly by the DOJ, through the NBI, regardless of whether the
24 
relatives of the deceased requested it. The main purpose of the investigation is to
25 
clarify the circumstances surrounding the death of the PDLs and CICLs. The
26 
investigation must seek, at least, to:
27 
1. Obtain and preserve physical and documentary evidence in connection
28 
with the death of the PDL and CICL;
29 
2. Identify the deceased;
30 
3. Identity possible witnesses and record their statements;
31 
4. Determine the extent of involvement of all those implicated in the
32 
death;


1 
5. Establish the cause, manner, place and time of death, as well as any
2 
pattern of practice that may have caused it;
3 
6. Differentiate between natural death, accidental death, suicide, and
4 
homicide. The scene of death shouid be regarded as potentially a crime
5 
scene, especially if the death was unexpected or under suspicious
6 
circumstances. The families of the PDL or CICL should be kept abreast
7 
of the progress and findings of the investigation. The body of the
8 
deceased shali be returned to the next of kin in a manner that is fuily
9 
respectfui of the dignity of the deceased, upon completion of all post-
10 
mortem examinations essential to the investigation.
11 
Sec. 7. Confirmatory Cause of Death and Autopsy. - A thorough autopsy, by a
12 
representative of the Department of Health (DOH), in mandatory in cases where the
13 
deceased PDL or CICL has been charged or convicted of a heinous crime or crimes
14 
punishable by death, reclusion perpetua, or life imprisonment, or one who died under
15 
suspicious circumstances. A complete death certificate shail be issued to the next of
16 
kin as soon as possible after the death.
17 
Sec. 8. Disposition of Cadaver in times of Public Health Emergency. — The
18 
mandatory cremation of the cadaver of a PDL or CICL, when public health requires as
19 
determined by the DOH, shail be witnessed by the reiatives of the deceased, not
20 
exceeding four (4), if any, a representative of the DOH, and, as may be applicabie, a
21 
representative of the DOJ, DILG, or DSWD: Provided, That in case the PDL or CICL
22 
has been charged or convicted of a heinous crime or crimes punishabie by death,
23 
reclusion perpetua, or life imprisonment, the cremation shall also be witnessed
24 
members of the media, not exceeding ten (10).
25 
Sec. 9. Notification of Sick or Dead PDL — Whenever a PDL or a CICL is critically
26 
ill or dies, the prison medical officer shall report the matter to the Superintendent,
27 
who in turn shali notify the inmate's family immediately, by the fastest means of
28 
communication avaiiabie. Faiiure to comply with the legal duty herein required shail
29 
render the Superintendent or such other officer in charge liable to civil damages.
30 
Sec. 10. Violations and Penalties.-
31 
a. Non-Reporting. Any official, head or officer-in-charge of the bureaus, penal
32 
institutions, and detention and rehabilitation centers, who violates Section 4 of


1 
this Act and/or any responsible officer who participated in the commission of
2 
the crime, or who shall have knowingly permitted the omission shail, upon
3 
conviction by final judgment, suffer the penalty of imprisonment of not less
4 
than six (6) years but not more than twelve (12) years and a fine of not less
5 
than Five Hundred Thousand pesos (P500,000.00) but not more than One
6 
Million pesos (P1,000,000.00), at the discretion of the proper court.
7 
b. False Reporting. In addition to the penalties prescribed in Articles 223, 224 and
8 
225 of the Revised Penai Code, as amended, any person who shall make or
9 
cause to be made a false or fictitious report of the death of a living PDL or a
10 
CICL, with the intent of letting the PDL or CICL escape, shall be guilty of false
11 
reporting and shall be punished by:
12 
1. Life imprisonment in case the PDL or CICL has been convicted of a
13 
heinous crime or is sentenced to life imprisonment, reclusion perpetua,
14 
or death and a fine of not less than Two million pesos (P2,000,000.00)
15 
but not more than Five million pesos (P5,000,000.00).
16 
2. Imprisonment of not less than twelve (12) years but not more than
17 
fifteen (15) years in case the PDL or CICL has been convicted of any
18 
crime other than those stated in subsection (b)(1) and a fine of not less
19 
than One million pesos (P1,000,000.00) but not more than Three million
20 
pesos (P3,000,000.00).
21 
3. Imprisonment of not less than six (6) years but not more than twelve
22 
(12) years in case the PDL or CICL has not yet been convicted by final
23 
judgment, and a fine of not less than Five hundred thousand pesos
24 
(P500,000.00) but not more than One million pesos (P1,000,000.00).
25 
Any person who participated in or facilitated the commission of the false
26 
reporting, or who shall have knowingly permitted the commission thereof, shall be
27 
liable as principals and shall suffer the penalties imposed in subsection (b) hereof.
28 
Sec. 11. Appropriation - The amount necessary to effectiveiy implement the
29 
provision of this Act shall be included in the annual General Appropriations Act. The
30 
priority will be the digitalization of all the PDL and CCIL's record, including the
31 
corresponding training to operationalize the established system.


1 
Sec. 12 Implementing Rules and Regulations (IRR). - Within one hundred
2 
twenty (120) days from the effectiveness of this Act, the DOJ and DILG, in
3 
coordination with the BJMP and BuCor, shall jointly promulgate the rules and
4 
regulations necessary for the effective implementation of this Act.
5 
Sec. 13. Separability Clause. - If any portion of this Act is declared
6 
unconstitutional or invalid, the portions or provisions which are not affected shall
7 
continue to be in full force and effect.
8 
Sec 14. Repealing Clause. - All laws, decrees, and orders inconsistent with the
9 
provisions of this Act shall be considered amended or modified accordingiy.
10 
Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days following
11 
its complete publication in the Official Gazette or in two (2) national newspapers of
12 
general circulation in the Philippines.
Approved,