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Republic of the Philippines [ 28 NOV 2012
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HOUSE OF REPRESENTATIVES 20. Pu 35
Quezon City Waele ff
FIFTEENTH CONGRESS 3
Third Regular Session

6719

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR
CHILDREN

EXPLANATORY NOTE

The deprivation of liberty has very different effects on men and women. A
defendant who is the custodial parent of a minor child may not be fully aware of
the dire consequences of being convicted and being separated from the child
Since women are considered the primary caregiver of children, imprisonment
affects both mother and child profoundly. Since a mother’s role in the overall
development of the child is unquestionable, hence, separation may have long-
term negative effects and may contribute to the delinquency of children.

In order for our prison policies to subscribe to our fundamental law and
international obligations, policy makers must: (1) take cognizance of the rights of
detained persons; (2) the unique relationship of a mother and child; and (3) the
need for special care and consideration of children living in exceptionally difficult
conditions.

Itis expressly stated in Article 11, Section 12, of our Constitution that “The
State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution." Aside from adhering to this
specific provision of our fundamental law, we also have a duty to comply with
international obligations where the Philippines is a party to. Therefore, we should
respect what is being espoused in Article 25 of the Universal Declaration of


Human Rights which states that “Motherhood and childhood are entitled to
special care and assistance” and The International Convention on Civil and
Political Rights (ICCPR) which places special emphasis on the protection of
mothers and their children and states that “Pregnant women who are deprived of
their liberty should receive humane treatment and respect for their inherent
dignity at all times, and in particular during the birth and while caring for their
newborn children...Party States should report on facilities to ensure this and on
medical and healthcare for such mothers and their babies.” (Human Rights
Committee, General Comment 28 on Article 3 of the ICCPR)

In consideration of these commitments, this bill proposes to make
mandatory for appropriate government agencies to establish programs which
assist imprisoned parents in the performance of their parental and child-rearing
responsibilities. These programs will give due consideration on the rights of all
those directly affected — mothers, fathers and their children. It will also guarantee
assistance, when needed, to dependents in particular, minor members of families
of detained or imprisoned persons.

In view of the foregoing, it is the fervent hope of the authors that this bill
will be expeditiously passed into law.

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DIOSDADO MACAPAGAL ARROYO GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur Se¢ond District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
Third Regular Session

House Bill No. 6719

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR
CHILDREN

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 the “Mothers in Jail
Act of 2012.”

SECTION 2. Declaration of Policy. —

(A) The State recognizes that all persons deprived of their liberty shall be
treated with humanity and shall enjoy all the rights guaranteed to free
persons, subject to the restrictions that are unavoidable in a closed
environment.

(B) The State shall promote stable and solid relationships between
children and their primary care-giver and support incarcerated parents
to develop and maintain their relationship with their children.

(C) In all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall be
the primary consideration.


(D) The State shall assure to the child who is capable of forming his or her
own views the right to express those views freely in all matters
affecting the child, the views of the child being given due weight in
accordance with the age and maturity of the child

SECTION 3. Apprising Custodial Parents of their Parental Rights. - In
cases involving custodial parents, the court must give an appropriate warning of
the special consequences for a defendant's parental rights that may result from a
plea of guilty or a conviction

SECTION 4. Placement and Guardianship Options. - The court shall
provide the defendant with a reasonable amount of time to appropriately attend
to the needs of his or her minor children for safe and appropriate care prior to
accepting a guilty plea. The court, in coordination with the Department of Social
Welfare and Development, shall explain the various options available to the
defendants.

SECTION 5. 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. Such body shall

(A) Formulate the necessary rules and regulations for the effective
implementation of this Act.

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Provide for specific procedures for the placement of children of
defendants or for infants born to women already incarcerated in state
prisons.

(C)

Establish programs designed to provide counseling, health and other
social services to the incarcerated parents and their children.
Mothers’ and children’s (those under one-year old and still staying
with their mother) access to health care services and medicines,
including reproductive health care and medical attention,
gynecological and pediatric services, shall be assured by the
institution where parent and child are detained.

SECTION 6. Child-Friendly Visitation Programs. - The prison facilities
shall establish child-friendly visitation opportunities for mothers and children. A
special visitation room for mothers and their children shall be provided for this
purpose

SECTION 7. Independent Monitoring. — Frequent access to prisons shall
be granted to relevant institutions such as the Commission on Human Rights,
human rights non-government organizations, and international organizations.
The Coordinating Body shall assign persons to conduct independent monitoring


of the various prison facilities. Such persons conducting monitoring tasks shall
be allowed to make periodic and unannounced visits to the premises and speak
in private with imprisoned mothers and their children.

SECTION 8. Appropriations. - The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following the enactment of this law and every year
thereafter.

SECTION 9. Separability Clause. - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION 10. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to or is inconsistent with the provision of this Act is hereby
repealed, modified, or amended accordingly.

SECTION 11. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,