Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4683

Introduced by
HON. FERDINAND MARTIN G. ROMUALDEZ

AN ACT ESTABLISHING A SEPARATE FACILITY FOR PRISONERS
CONVICTED OF HEINOUS CRIMES

EXPLANATORY NOTE
Recent news events prove and confirm the failure of the present treatment program
and detention security measures of the Bureau of Corrections in the matter of
containing and preventing high-level illegal-drugs inmates from continuing their
possession, trading and trafficking of illegal drugs while under detention. This
circumstance is an area of grave concern for government in particular and the whole
Philippine society. As recent as the previous months of 2016, after a series of
inspections/raids of the premises of the New Bilibid Prisons, several contraband items,
including prohibited drugs, were confiscated. These incidents prove that convicted
drug lords could continue their illegal drug business inside the premises of the national
penitentiary, probably with the aid of regular inmates with whom they are commingled

The philosophy of penology recognizes the need to classify the prisoners into
reasonable categories for rehabilitation, treatment and protection of society. This is
one of the mandated responsibilities of the Bureau of Corrections in safekeeping
inmates and completely incapacitating them, especially high-level illegal-drugs
offenders, while serving their sentences.


In light of these principles, and conscious of recent news events and circumstances
evidencing the failure of the Bureau of Correction on the matter of the security of high-
level illegal drug offenders and inmates, the following bill is hereby proposed to
establish a separate facility for convicted prisoners of heinous crimes.

This bill aims creates the Maximum Penal Institution which will be built in a suitable
location to be determined by the Secretary of Justice, preferably within a military
establishment or in an island separate in the mainland. The Maximum Penal Institution
is proposed to be located in a secured and isolated place ensuring that there is no
unwarranted contact or communication with those outside of the penal institution.
There shall be three Maximum Penal Institutions for heinous crimes starting in Luzon,
then in Visayas and Mindanao.

Thus, the passage of this bill will strengthen the nation’s fight against drug crimes and
limits the propagation of more heinous crimes across the nation.

In this context, passage of the measure is earnestly requested.

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lepresentative, First District of Leyte



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4683
House Bill No.

Introduced by
HON. FERDINAND MARTIN G. ROMUALDEZ

AN ACT ESTABLISHING A SEPARATE FACILITY FOR PRISONERS
CONVICTED OF HEINOUS CRIMES

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

SECTION 1. Short Title. — This Act shall be known as “Separate Facility for Heinous

Crimes Inmates Act”

SECTION 2. Declaration of Policy. — Section 5 of Article Il states that “[t]he
maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of
the blessings of democracy.” Section 11 of Article II states that “[t]he State values the

dignity of every human person and guarantees full respect for human rights.”


SECTION 3. Definition of Terms. —
a) High-level Offenders — Offenders convicted of Heinous Crimes shall be
considered as High-level Offenders.
b) Inmates - Offenders convicted by the courts to serve sentences of three years
or more and kept at the prison facilities of the Bureau of Corrections.
¢) Secured and isolated place - One far away from civilian communities that
would ensure the safety and security of the former and prevent the facility from

possible intrusion or intruders.

SECTION 4. Transfer of Heinous Crimes Offenders to the Heinous Crimes

Faciliti
—There shall be established and maintained a secured, clean and sanitary penitentiary
for the custody and rehabilitaion of offenders serving their sentence for Heinous

Crimes kept at the prison facilities of the Bureau of Corrections.

The transfer of inmates shall be made within a period of 30 days from the completion

of the construction of the Heinous Crimes Facility.

SECTION 5. Location of the Maximum Penal Institution. - The Maximum Penal
Institution shall be built in a suitable location to be determined by the Secretary of
Justice, preferably within a military establishment or in an island separate in the

mainland.


The Maximum Penal Institution shall be located in a secured and isolated place
ensuring that there is no unwarranted contact or communication with those outside of
the penal institution. There shall be three Maximum Penal Institutions for heinous

crimes starting in Luzon, then in Visayas and Mindanao.

SECTION 6. The Facility. - The Maximum Penal Institutions shall be a state-of-the-
art facility with surveillance cameras, latest information and security system capable
of 24/7 monitoring of prisoners, and with enhanced and extensive security features on

locks, doors, and its perimeters.

The facilty shall be maintained clean and habitable at all times. Sanitary and hygienic

comfort rooms shall be provided and maintained.

SECTION 7. Coverage. — This Act shall apply to all high level heinous crimes

offenders kept at the prison facilities of the Bureau of Corrections.

SECTION 8. Conduct of Inspection. — An internal inspection, which is conducted by
the prison administration, and an external inspection, which is conducted by the
Department of Justice, shall be conducted on a regular basis to ensure that the
institution is administered in accordance with existing laws and regulations and to bring

about the attainment of the objectives of the penal system.


SECTION 9. Oversight Provision. - Congress shall conduct a regular review of
compliance to the “Separate Facility for Heinous Crimes Inmates Act’ which shall
entail a systematic evaluation of concerned agencies’ performance with respect to the
laws objectives and intents. The review shall be undertaken by the Committee of the
Senate and the House of Representatives which have legislative jurisdiction over the

law.

SECTION 10. Funding Source. — The funds required for the implementation of this
Act shall be taken from the budget of the Department of Justice for the current fiscal
year. Thereafter, such amounts as may be necessary to implement this Act shall be

included in the annual General Appropriations Act.

SECTION 11. Separability Clause. - |f 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.

SECTION 12. Repealing Clause. — All laws, decrees, orders, and issuances, or
portions thereof, which are inconsistent with the provisions of this Act, are hereby

repealed, amended or modified accordingly.

SECTION 13. Effectivity. — This Act shall take effect after fifteen (15) days following
the completion of its publication either in the Official Gazette or in a newspaper of

general circulation in the Philippines.


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