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SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
^cnaie
of lilt  #T^c fltir jt
*17 MAY-8 A 9 58
SENATE
SENATE BILL NO. 1438
RECEIVLD UlT; 
/
Introduced by SENATOR LEIIA M. DE LIMA
AN ACr
PROTECTING WOMEN IN STATE CUSTODY, PlUiSCRIBING THE 
MINIMUM STANDARDS FOR THEIR TREATMENT, PENALIZING 
ACTS IN VIOIWTIONS THEREOF AND FOR OTHER PURPOSES
Explanatory Note
The Constitution proscribes the employment of physical, psychological, or 
degrading punishment against detainees/prisoners and that dctention/prison 
facilities should have adequate and humane facilities.1 Female detainees/prisoners 
represent a particular class of people legally deprived of their liberty who are with 
particular needs that warrant particular attention. Unfortunately, however, because of 
the inherent imbalance of power between women inmates and their custodians, they 
are faced with an even worse punishment of being subjected to different forms of 
abuses.
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 the latter s ability to withhold privileges. The abuses, including rape, 
inappropriate sexual touching, beatings, excessive pat-downs and strip searches, and 
the use of sexuali/x-d language, is a crude example of the power imbalance between 
security personnel and women inmates. A 2001 Human Rights Advisory by the 
Commission on Human Rights2 reported that an interview conducted with women 
inmates in the Correctional Institute for Women (CIW) revealed that 10 percent of 
those women had sexual contact with their jailers prior to their transfer to CIW.
Even more worrisome is that these abuses remain unreported because of 
widespread fear of retaliation by the perpetrators, aggravated by the lack of a strict and
1 A rticle III, section 19 (2), 1987 C onstitution.
2 http://www.chr.gov.ph/MAIN% 20PAGES/about% 20hr/advisories/pdf_files/abthr029.pdf


concrete grievance or investigatoiy procedures, which gives the detention/prison 
officers and employees impunity to continuously perform such abuses.
This unfortunate situation may have been avoided if we at least complied with 
Rule 53 of the United Nations Standard Minimum Rules for the Treatment of 
Prisoners.3 However, data as of January 2017 from the Bureau of Jail Management 
and Penology (BJMP) even reveals that there are only 58 female dormitories under 
BJMP throughout the countiy and three populous regions (4B, 5, and ARMM) do not 
even have a single female dormitory.
This Bill, therefore, seeks to protect all women in state custody, those who are 
under detention for investigation and/or trial, or those who 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 detention/prison 
institution directly accountable should he/she fail to act on the complaints.
In view of the foregoing, early approval of this measure isvrequested.
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SEVENTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
SENATE BILL NO. 1438
r;g]!j
of Hit I f - nrrlnrjt
'17 HAY-8 A9 58
RECEIVtO Cri1;
Introduced by SENATOR L E II^ M. DE LIMA
AN ACT
PROTECT ING WOMEN IN STATE CUS I ODY, PRESCRIBING THE 
MINIMUM STANDARUS I OR THEIR TREATMENT, PENALIZING 
ACTS IN VIOIWTTONS THEICEOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House ofRepresentatiues of the Philippines 
in Coi^gress assembled:
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Section i. Shoi't Title. - This Act shall be known as the "Women in State Custody Act
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of 2017".
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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 under detention or imprisonment.
The responsibility of government authorities for the custody of prisoners and 
for the protection of 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


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minimum standards for their treatment as set forth in this Act and penalizing acts
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made in violation thereof.
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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 have already been sentenced with imprisonment by final judgment, 
irrespective of the place of their detention or imprisonment. It shall cover all detention 
and prison facilities where there are women inmates, such 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 . Register. -  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 Detention/Prison Cell and its Facilities. -
(a) Female detainees/prisoners shall at all times be held separately from male 
detainees/prisoners. 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


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whole of the premises shall be allocated exclusively to women 
detainees/prisoners.
(b) There shall be special accommodation in every women’s institution for all 
necessary pre-natal 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 deprived of their liberty or are 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, inhumane 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;
(e) Any woman shall, at the commencement of detention or imprisonment, 
or promptly thereafter, be provided by the authority responsible for her


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detention or imprisonment with information on and an explanation of 
her rights and how to avail herself of such rights; and
(f) Except for those rights the exercise of which is necessarily precluded by 
the fact of her detention or imprisonment, or the exercise of which has 
been temporarily or permanently denied to her as a result of, or as an 
accessory to the penalty imposed upon her, no woman deprived of 
liberty shall be barred from exercising rights that she would otherwise 
have been entitled to were it not for her detention or imprisonment, 
such as but not limited to, the right to access reproductive and maternal 
health seiwices and rights relating to marriage and family relations.
Sec. 7. Treatment of Women in State Custody. — Each of the governmental agencies 
cited in Section 3 hereof shall at all times strictly implement the following:
(a) Female security personnel shall always be present during the 
interrogation of women detainees;
(b) At no time shall male security personnel be allowed entry to 
detention/prison facilities of women. Provided, howe\ er, that where 
there is an inevitable situation which needs the presence of male 
security personnel in the detention/prison facilities for women, there 
should be no contact between male security personnel and female 
detainees/prisoners without the presence of female security personnel; 
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(c) In no case shall male security personnel or male inmates be allowed to 
stay in the premises allocated for women during nighttime.
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Sec. 8 . Mandatory Visit and Inspection of Women Detention/Prison Cells and
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Facilities. -  In order to superv ise the strict observance of relevant laws and regulations


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in 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 the preceding paragraph of this 
section, subject to reasonable conditions to ensure security and order in such places.
Sec. 9 . Recruitment and Training of Police, Military, and Prison Personnel. -  Each 
detention/prison institution shall recruit an adequate number of women police 
officers to specialize in cases of violence against women. All detention/prison 
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 CHR or by duly registered 
nongovernmental organizations in the field of women's rights.
Sec. 10. Complaints of Alleged Abuse against Women in State Custody. -  A detained 
or imprisoned woman or her counsel shall have the right to make a complaint 
regarding her treatment or violation of her rights, in particular in cases of sexual abuse, 
torture or other cruel, inhumane or degrading treatment, to the authorities 
responsible for the administration of the place of detention/imprisonment 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


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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. Duty 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 grounds to believe that a violation of this Act has 
occurred or is about to occur shall ha\ e 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 Institution. -
(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 other forms of abuses, threats, reprisals or 
intimidation.
(b) The immediate respective heads of the detention/prison institutions are prima 
facie presumed to havre knowledge of the abuse committed against the women 
prisoners if:
i. a complaint has been made before him or such other authority 
designated to receive such complaint, or if abuse was openly 
performed or well-known among her co-inmates or prison 
personnel; and
ii. the head of the prison institution has failed to act on the same.


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Sec. 13. Investigation of 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 adequate legal serx ices should be provided immediately for 
any woman in custody who alleges that she has been abused.
Whenex er the abuse has resulted to death or unexplainable disappearance of a
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detained or imprisoned woman, an inquiry into the cause of death or disappearance
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shall be conducted by the CHR, at its own instance or at the instance of a member of
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the family of such woman or any person who has knowledge of the case. When
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circumstances so warrant, such an inquiiy shall be held on the same procedural basis
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whenever the death or disappearance occurs shortly after the termination of the
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detention or imprisonment. The findings of such inquiry or a report thereon shall be
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made available upon request, unless doing so xvould jeopardize an ongoing criminal
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investigation.
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Sec. 14. Penalty Clause. -  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.
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Sec. 15. Separability Clause. - If any provision of this Act is declared invalid or
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unconstitutional, the provisions not affected thereby shall continue to be in full force
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and effect.
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Sec. 16. Repealing Clause. - All laws, executive orders, presidential decrees,
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presidential proclamations, letters of instruction, rules and regulations or parts


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thereof inconsistent with the provisions of this Act are hereby repealed or modified
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accordingly.
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Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days following its
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publication in the Official Gazette or in two (2) newspapers of general circulation in
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the Philippines.
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Approved,