Republic of the Philippines
HOUSE OF REPRESENTATIVES/
Quezon City

NINETEENTH CONGRESS (
First Regular Session

HOUSE BILL NO. 212 3

INTRODUCED BY: HONORABLE ROSEMARIE C. PANOTES

EXPLANATORY NOTE

This bill seeks to integrate the provincial jails and sub-provincial jails within the
jurisdiction of the Bureau of Jail Management and Penology (BJMP) in order to establish
a national standard in the operation management of all local jails in the country. The
advancement of national standard for all local jails is intended to uphold the basic rights
of inmates who are serving their sentence in local jail facilities,

Republic Act No. 6975 otherwise known as the “Department of the Interior and
Local Government Act of 1990" explicitly mandates that provincial jails are supervised
and controlled by the provincial government within its jurisdiction. Under this situation,
there is no standardized or uniform policy with respect to the administration and
supervision of all local jails

It is therefore the paramount objective of this important piece of legislation to
establish a uniform policy in the administration and supervision of all local jails to be
carried out by the BJMP, which is an agency specifically tasked for the safekeeping,
reformation and rehabilitation of inmates. The objectives of public safety and institutional
correction through jail supervision and management could be better attained through this
proposed measure. Moreover, the provincial government will be removed of the burden
of supervising and maintaining a jail facility and can therefore, focus its attention to the
needs of their inhabitants.

In view of the foregoing reasons, the approval of this bill is earnestly sought.

aeponl.

ROSEMARIE C. PANOTES
Representative

Second District, Camarines Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2123

HOUSE BILL NO.

INTRODUCED BY: HONORABLE ROSEMARIE C. PANOTES

AN ACT
INTEGRATING THE PROVINCIAL AND SUB-PROVINCIAL JAILS WITHIN THE
JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975, AS AMENDED,
OTHERWISE KNOWN AS “THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT ACT OF 1990”

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

SECTION 1. Section 61, 62 and 63 of Republic Act No. 6975, as amended,
otherwise known as the “Department of the Interior and Local Government Act of 1990"
are hereby amended to read as follows:

“SEC. 61. Powers and Functions. — The Jail Bureau shall exercise
supervision and contro! overall PROVINCIAL, SUB-PROVINCIAL, city and
municipal jails. [The provincial jails shall be supervised and controlled by
the provincial government within its jurisdiction, whose expenses shall be
subsidized by the National Government for not more than three (3) years
after the effectivity of this Act.]

SEC. 62. Organization. — The Jail Bureau shall be headed by a
Chief who shall be assisted by a deputy chief.

The Jail Bureau shall be composed of PROVINCIAL, SUB-
PROVINCIAL, city and municipal jails, each headed by a city or municipal
jail warden: Provided, That, in the case of large cities and municipalities, a
district jail with subordinate jails headed by a district jail warden may be
established as necessary.

The Chief of the Jail Bureau shall recommend to the Secretary the
organizational structure and staffing pattern of the Bureau as well as the
disciplinary machinery for officers and men of the Bureau in accordance
with the guidelines set forth herein and as prescribed in Section 85 of this
Act.


SEC. 63. Establishment of PROVINCIAL, SUB-PROVINCIAL,
District, City or Municipal Jail. — There shall be established and
maintained in every PROVINCE, SUB-PROVINCIAL, district, city or
municipality a secured, clean, adequately equipped and sanitary jail for the
custody and safekeeping of city and municipal prisoners, any fugitive from
justice, or person detained awaiting investigation or trial and/transfer to the
national penitentiary; and/or violent mentally ill persons who endangers
himself or the safety of others, duly certified as such by the proper medical
or health officer, pending the transfer to a mental institution.

The PROVINCIAL, SUB-PROVINCIAL, municipal or city jail service
shall preferably be headed by a graduate of a four (4) year course in
psychology, psychiatry, sociology, nursing, social work or criminology who
shall assist in the immediate rehabilitation of individuals or detention
prisoners. Great care must be exercised so that the human rights of these
prisoners are respected and protected, and their spiritual and physical well-
being are properly and promptly attended to.”

SEC. 2. The management, supervision and control of provincial jails, including all
its property, equipment and finances are hereby transferred to the Bureau of Jail
Management and Penology (BJMP): Provided, however, That a three-year transition
period is hereby established, to commence from the date of the effectivity of this Act
During the transition period, the provincial government shall subsidize the subsistence
allowance of inmates and the maintenance of the jail facility, including but not limited to
electric and water expenses and necessary repairs.

The transfer and/or absorption of the functions, appropriations, records,
equipment, facilities, choses in action, rights, and other assets of provincial jails to/by the
BJMP shall be without prejudice to the provisions of Republic Act No. 7160, as amended,
otherwise known as the Local Government Code of 1991 that are not otherwise
inconsistent with this Act.

All personnel of provincial and sub-provincial jails, unless removed for cause, may
be absorbed by the BJMP: Provided, That such guidelines must be consistent with the
provisions of Republic Act No. 9263 otherwise known as the “Bureau of Fire Protection
and Bureau of Jail Management and Penology Professionalization Act of 2004” and its
implementing rules and regulations.

The Chief of the BJMP shall, within six (6) months from the effectivity of this Act,
recommend the organizational structure and staffing pattern of the assumed provincial
and sub-provincial jails.

SEC. 3. The provincial government shall be a partner of the BJMP in the
rehabilitation of the inmates in the provincial jail. For this purpose, the Sangguniang
Panlalawigan of each province shall provide for the maintenance and improvement of jails
and detention centers and shall appropriate funds to supplement subsistence of
detainees and convicted prisoners in the province.

SEC. 4. The Provincial and Sub-provincial Jail Warden shall have the rank of
Superintendent: Provided, That, if the jail population is one thousand (1,000) or more
inmates, the Warden shall have the rank of Senior Superintendent, who shall both
possess the qualifications prescribed under the “Bureau of Fire Protection and Bureau of
Jail Management and Penology Professionalization Act of 2004”


SEC. 5. There is hereby created a Special Oversight Committee composed of the
Secretary of the Department of the Interior and Local Government (DILG), as
Chairperson, and the Secretary of the Department of Budget and Management (DBM),
the Chairperson of the Civil Service Commission (CSC), the President of the League of
Provinces and the Chief of the Bureau of Management and Penology, as members, to
oversee the expeditious transfer and absorption in the BUMP of all personnel, property,
appropriations and installations of the provincial and sub-provincial jails.

SEC. 6. Within ninety (90) days from the effectivity of this Act, the Oversight
Committee shall promulgate the rules and regulations necessary to ensure the effective
implementation of this Act.

SEC. 7. All laws, decrees, executive orders, rules and regulations which are
inconsistent with this Act are hereby amended, repealed or modified accordingly.

SEC. 8. This Act shall take effect fifteen (15) after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,