Senate
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SE\ KM KKM H CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 1263
'16 OEC-5 l\9’48
RECEIVED BY;
Introduced bv Senator Maria Lourdes Nanev S. Binav
AN ACT MANDATING THE AUTOMATIC RELEASE OF INMATES, PRISONERS 
AND OR DETAINEES AS A CONSEQUENCE OF PERIOD IN CUSTODY OR TIME 
SERVED THAT IS EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM 
IMPRISONMENT PRESCRIBE FOR THE OFFENSE CHARGED. PRESCRIBING 
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Article II Section 5 of the 1987 Philippine Constitution provides that the maintenance of 
peace and order, the protection of life, liberty, and property, and promotion of the general 
welfare are essentia! for the en joyment by all the people of the blessings of democracy.
In connection thereto. Article III Section 19 provides that, “excessive fines shall not be 
imposed, nor cruel, degrading or inhuman punishment 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. 
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.”.
Taking into consideration the above-mentioned constitutional provisions. Inmates, Prisoners 
and Detainees (IPDs) should be treated with utmost concern as to their rehabilitation and 
reintegration into society. Such concerns are generally addressed by government agencies as 
well as some civic and social organizations. At the forefront, the Department of Interior and 
Local Govemment, Department of Justice, Department of Social Welfare & Development 
together with the Bureau of Jail Management and Penology as well as the Bureau of 
Corrections deals with rehabilitation and reintegration.
It bears emphasis that the Bureau and Jail Management and Penology’s Top Most Congested 
Jail Report has indicated and confmned a reality that the Philippines is leading into a severe 
overcrowding in jails. An article in Time magazine1 depicted jail congestion and liken it to 
Dante’s Inferno. In said article, it was said that a jail meant for 800 people houses 3,800 
people. This is close to five times more than the capacity of said detention facility.
1 
Time 
Magazine; 
rodrigo-duterte/.
http: / / time.com / 4438112 / philippines-overcrowded-prison-manila-


With regard to the release of inmates, prisoners and or detainees, several government 
ageneies and institutions are directly involved, namely: Bureau of Corrections. Bureau of Jail 
Management and Penology and the Supreme Court of the Philippines. It is worthy to note that 
said government agencies each have their own procedures that they need to follow prior to 
releasing IPDs. In other words, a considerable amount of time is allotted just to release an 
IPD even if said IPD has adequately sciwcd time.
In so far as cost to the government is concerned, reports have indicated that the government 
currently spends roughly Seventy four thousand pesos (1174,000.00) for each inmate annually. 
This number shows that it is costly for the government despite the worsening condition of 
jails and prisons as to congestion, budget allocation for the food of IPDs, diseases acquired 
and overall maintenance of the facilities.
Tlie enactment of this measure promises benefits, such as decongesting jails and prisons, 
improve allocation of budget for individual inmates and prisoners, lessening of court dockets, 
unburdening the heavy case load of the courts as well as ensure the proper rehabilitation and 
reintegration of IPDs in our society.
In view of the foregoing, the passage of this bill is earnestly recommended.
MAR
Senator
I)i:S NANCY S. BINAY


S E M :M  Et.NTM CONGRESS OE THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Rcsular Session 
)
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of lijf »?{rft«rp
'16 OEC-5 A9-48
SENATE
S. B. No. _JLZ6.3-
RECEIVED BVt
Introduced by Senator M aria Lourdes Nancy S. Binay
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AN ACT MANDATING THE AUTOMATIC RELEASE OF INMATES. PRISONERS 
AND OR DETAINEES AS A CONSEQUENCE OF PERIOD IN CUSTODY OR TIME 
SERVED THAT IS EQUAL TO OR MORE THAN THE POSSIBLE MAXIMUM 
IMPRISONMENT PRESCRIBE FOR THE OFFENSE CHARGED. PRESCRIBING 
PENALTIES THEREFORE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assentbled:
SECTION I. Tliis Act shall be known as Automatic Release of Inmates and Prisoners (ARIP) 
Act of 2016.
SECTION 2. Declaration of Policy. It is the policy of the state for the humane treatment of 
inmates and prisoners. To address the perennial problem of congestions in jail and prison 
cells in various detention facilities and institutions, the policy of the state is for the full 
implementation of the rehabilitation and reintegration programs for offenders taking in full 
consideration human dignity and decency. Towards this end, the state shall exert efforts for 
the automatic release of inmates, prisoners and detainees.
SECTION 3. Coverage. This Act covers all correctional and detention facilities whether 
under the jurisdiction of the Bureau of Jail Management and Penology or the Bureau of 
Corrections.
SECTION 4. ARIP. It is hereby mandated for all correctional and detention facilities to 
automatically release Inmates, Prisoners and Detainees (IPDs): when said IPDs has been in 
custody for a period equal to or more than the possible maximum imprisonment prescribe for 
the offense charged, without prejudice to the continuation of the trial or the proceedings on 
appeal, if any.
IPDs in custody or has served time for a period equal to or more than the minimum of the 
principal penalty prescribed for the offense or felony charged, without application of the 
Indetemiinate Sentence Law or any modifying circumstance, shall also be automatically 
released.
IPDs under this Act shall refer to Inmates, Prisoners. Detainees which includes the following:
1. Insular or national prisoner -  one who is sentenced to a prison term of three years and 
one day to death;


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2. Provincial prisoner -  one who is sentenced to a prison tenn of six months and one day 
to three years;
3. City prisoner -  one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner -  one who is sentenced to a prison term of one day to six months;
5. Detainees undergoing investigation;
6. Detainees awaiting or undergoing trial; and
7. Detainees awaiting final judgment.
The mandatory ARIP shall not prejudice any existing programs of the government that 
involves the pre-release as well as the post release of said IPDs in furtherance of their 
rehabilitation and reintegration.
SECTION 5. Penalties. Tlie penalty equal to the excess time served of the IPDs as compared 
with the original penalty imposed and a fine ranging from One hundred thousand pesos 
(PI00,000.00) to One million pesos (PI,000,000.00) shall be imposed upon any person, or 
group of persons who, unless with justifiable reasons, shall cause the delay or postponement 
of the ARIP, at the discretion of the court.
SECTION 6. Implementation. The Department of Interior and Local Government, 
Department of Justice and Department of Social Welfare & Development in consultation 
with all relevant government agencies, shall issue implementing rules and regulations within 
ninety (90) days from effectivity hereof, and such other rules and regulations as may be 
necessary to carry out the purpose of this Act.
SECTION 7. Separability Clause. Should any portion or provision of this Act is declared 
void and unconstitutional, the remaining portions or provisions hereof shall not be affected 
by such declaration.
SECTION 8. Repealing Clause. All laws, decrees, orders, rules and regulations, other 
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly.
SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) national newspapers of general circulation.
Approved,