‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez a
Representative Maximo B. Rodriguez, Jr.

House Bill No. 4197

EXPLANATORY NOTE

According to data of the Bureau of Jail Management and Penology (BUMP), as of
September, 2010, there are 62,556 inmates detained (sentenced and merely detained) in
jails all over the country. And based on data from the year 2000 to 2009, the number of
detainees increase at an annual rate of 6.17%, At this rate, by the end of the year 2011,
there would be around 66,179 detainees and by the end of year 2012, there would be
around 70, 263 detainees locked-up.

For the year 2011, the BUMP was given a total budget of P5,161,027,000. This is
where they will get the funding to build new jails, pay for the salaries of all their personnel
and provide for the basic necessities of inmates. Given the number of detainees, the
appropriated budget may not be enough. BJMP officials say that the BUMP is on the
budget's end list because it spends a lot of money with no returns.

Reports revealed that a detainee is allocated only P50 worth of meals throughout the
day and with today’s prices, P50 worth of food per day could be considered as Violations
against human rights. With these values, the BUMP would spend P1,141,647,000 merely on
food alone, not even considering the increase of detainees for 2011. It'therefore becomes
more apparent that the BJMP does not have enough funding to sustain and give the inmates
the basic necessities that the Constitution requires. It Is therefore necessary to find
alternative sources of revenue for the BVMP and one alternative source is the pay-jail
scheme being implemented in some states in the United States,

The pay-jail scheme started in the US around the early 1990's and is a jail cell
upgrade for non-violent offenders in jail costing from 75$ to 1718 a night. Under this
“upgrade” inmates are allowed to bring cellphones, laptops or other electronic devices in
their cell or watch TV in the common room. Some may even get to leave during the day to
go to work. Inmates are allowed to roam the prison campus, which are not necessarily
fenced. This “upgrade” is usually offered to offenders whose crimes are usually relatively
minor and is subject to the approval of the Courts.

Some benefits and advantages that this “upgrade” provides is the fact that prisoners
are safe from prison gangs and other dangerous prisoners and they may have their food
delivered to their cells rather than going the jail's cafeteria or they may choose to enjoy
meals brought by their families during visiting hours.

Among the arguments that are raised against this scheme is that the system create
inherent injustices, offering cleaner, safer alternatives to those who can pay and that it would
be little unfair because if two people come in and have the same offense, the guy who has
money gets to pay to stay and the other doesn't.


While this may be true, the payment that will be receive would be a source of funding
to augment the budget given and could also cover the operating expenses that the jails incur
which would lead to improved services and living conditions for the general inmate
Population. And the fact that there are certain benefits given to paying inmates, it is still a
restriction on the freedom of the inmate and as one inmate, who paid to be "upgraded” said,
the experience was one she never cared to repeat because it may look decent but you still
feel exactly where you are.

In view of the foregoing, approval of this billis eamestly sought. «

MAXIMO B. opricuez, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No.__ 4197

AN ACT
PROVIDING FOR THE IMPLEMENTATION OF A PAY-JAIL SCHEME UPGRADE TO
CERTAIN QUALIFIED INMATES, AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy ~ It is the policy of the State to prohibit the use of
substandard or inadequate penal facilities under subhuman conditions.

SEC. 2. A pay-jail scheme upgrade is hereby authorized to be offered and implemented in
jails all over the country whereby certain qualified inmates may be granted certain amenities
and benefits not available to others for a fee.

SEC. 3. Qualifications ~ To be qualified to the pay-jail upgrade scheme, an inmate must be
either:
a, Charged with and/or convicted of a felony that carries with it the penalty of prision
correctional or lower, or
b. Charged with and/or convicted of a crime with a penalty of imprisonment of not
more than six years;

Provided, That said inmate has never been previously charged with and/or convicted of any
crime or felony

SEC. 4, All amounts collected from this scheme shall be exclusively used by the Bureau of
Jall Management and Penology (BJMP) for the benefit of other inmates in jails all over the
country.

SEC. 5, Implementing Rules and Regulations. The BJMP shall promulgate such rules
and regulations as necessary to implement the provisions of this act.

SEC. 6, Repealing Clause — Any provision of law, decree, orders, rules and regulations
contrary thereto is hereby repealed or modified accordingly.

SEC. 7. Separability Clause. - Should any provision of this Act be declared unconstitutional,
the same shall not affect the validity of the other provisions of this Act.

SEC. 8. Effectivity Clause — This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two newspaper of general
circulation, whichever comes earlier

Approved,