NINETEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S.B. No. 1880
(©fficf of tiu'
23 FEB 14 P6:18
RlTLiVHD BY.
Introduced by: Senator Raffy T. Tulfo
AN ACT CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR
CHILDREN
Explanatory Note
The incarceration of a parent not only deprives the individual of quality time 
with their children, but also poses several threats to their kids' emotional, physical, 
educational, and financial well-being. The disruption of the relationship between the 
child and parent causes a multitude of challenges to the kids' development that may 
negatively impact their lives. Parental incarceration is a massive strain on family life. 
With that being said, this proposed bill aims to establish mechanisms that assist 
incarcerated parents in their child-rearing obligations.
Under this proposed measure, incarcerated parents are able to assign 
guardianship options for their minor children. Furthermore, they are given more 
visitation alternatives within the prison. In cases where the children cannot physically 
visit their parents, inmates are entitled to avail of the "E-Dalaw", where they can 
contact their minor children online for one (1) hour twice a week.
In light of this, the immediate passage of this bill is earnesi
Raffy Kjulfj
Senator


NINETEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES 
)
First Regular Session 
)
SENAJE .
S.B.No. isao
23 FEB 14 P6:18
Rl-CEIVIDDV,
Introduced by: Senator Raffy T. Tulfo
AN ACT CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR
CHILDREN
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Title. -This Act shall be known as the "Incarcerated Parents Act of
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2023".
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Sec 2. Declaration of Policy. - It is hereby declared the policy of the State that:
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a. The State shall defend the rights of children to special protection from all forms
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of neglect and other conditions prejudicial to their development;
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b. The State recognizes that all persons deprived of their liberty shall be treated
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humanely and shall enjoy all the rights guaranteed to free persons, subject to the
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restrictions that are unavoidable in a closed environment;
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c. The State shall promote stable and solid relationships between children and
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parents, who are their primary caregivers and support incarcerated parents to develop
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and maintain their relationship with their children; and
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d. The State shall ensure the right of the child to express his views freely in all
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matters affecting him, the views of the child being given due weight in accordance with
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his age and maturity.
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Sec 3. Definition of Terms. - For the purposes of this Act, the following terms
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shall be defined as follows:


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a. Children are referred to as a person under the age of eighteen (18) years. Both 
legitimate and illegitimate children will be considered for this Act provided the 
incarcerated parent is registered as such in their birth certificate.
Sec 4. Apprising Incarcerated Parents of Their Parental Rights. - In cases 
involving incarcerated parents, the court must give an appropriate warning of the 
special consequences concerning the parental rights of the accused that may result 
from a plea of guilty or conviction, especially the loss of parental authority.
Sec 5. Placement and Guardianship Options. - After arraignment, a plea of guilty, 
or conviction, the court shall inquire from the accused if the latter has any minor children 
and in whose custody the minor children are. In the event that the accused has minor 
children, the court shall motu proprio direct a social worker or a representative of the 
Department of Social Welfare and Development, to confer with the accused to discuss 
various options available to the latter, in relation to the care and custody of his or her 
minor children.
A compliance report, duly signed by the accused, shall thereafter be submitted to 
the court, attesting that options have been discussed and the selected option, if any.
Should the accused be unable to place his minor children under the care of a 
responsible adult, the minor children shall be placed under the care of the following 
persons, in the order indicated:
1. Surviving grandparent;
2. Oldest brother or sister, over twenty-one (21) years of age, unless unfit or 
disqualified;
3. Any collateral relative of the accused, over twenty-one (21) years or age, 
and within the fourth civil degree of consanguinity or affinity of the minor 
children; and
4. The Department of Social Welfare and Development.


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Sec 6. Coordinating Body. - A coordinating body comprised of representatives from 
the Department of Justice, the Bureau of Corrections, the Department of Social Welfare 
and Development, and the Department of Health shall be established, for purposes of 
implementing the provisions of this Act. Such body shaii:
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Formulate the necessary rules and regulations for the effective impiementation of 
this Act;
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Provide specific procedures for the placement of children of the accused or for 
infants born to women aiready incarcerated in state prisons; and
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Establish programs designed to provide counseling, health, and other social 
services to incarcerated parents and their children. Mothers' and children's (those under 
one (1) year old and still staying with their mother) access to health care services and 
medicines, including reproductive health care and medical attention, gynecoiogical and 
pediatric services shall be assured by the institution where parent and child are detained.
Sec 7. Chiid-Friendiy Visitation Programs. -The prison faciiities shall establish 
child-friendly visitation opportunities for solo parents and children. A special visitation 
room for soio parents and chiidren shaii be provided for this purpose.
Sec 8. In-Home Video Chat or E-Daiaw - If children of incarcerated parents are 
not abie to physically visit the prison, they are entitled to a video conference or call one 
hour twice a week. Provided they are ciosely monitored by prisoner officiais.
Sec 9. Independent Monitoring. - Frequent access to prisons shall be granted to 
relevant institutions such as the Commission on Human Rights, human rights 
nongovernmental organizations, and international organizations. The Coordinating Body 
shall assign persons to conduct independent monitoring of the various prison facilities. 
Such persons conducting monitoring tasks shaii be allowed to make periodic and 
unannounced visits to the premises and speak in private with imprisoned solo parents 
and their children.


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Sec 10. Appropriations. -The amount necessary to carry out the provisions of this 
Act is hereby authorized to be appropriated in the budget of the Department of Social 
Welfare and Development and included in the General Appropriations Act of the year 
following the enactment of this law and every year thereafter.
Sec 11. Separabiiity Ciause. -If for any reason, any section or provision of this Act 
is declared unconstitutional or invalid, other sections or provisions which are not affected 
thereby shall continue to be in full force and effect.
Sec 12. Repealing Clause. - All laws, bills, executive orders, administrative orders, 
rules, or regulations inconsistent herewith, are hereby repealed, amended or modified 
accordingly.
Sec 13. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,