Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metto Manila

FIFTEENTH CONGRESS
First Regular Session

4757

House Bill No..

Introduced by Honorable Rollo Golez

EXPLANATORY NOTE

In a much earlier study in the 70s, a team of UN penological experts characterized the
country’s jails as “penological monstrosities”. This necessitated that lines of authority be clearly
drawn, accountability enhanced and reforms instituted to lessen deviant behaviors of certain
individuals, at times in conspiracy with the very officials and personnel who are supposed to be their
jail managers.

Republic Act No, 6975 was a major step towards this goal. The Bureau of Jail Management
and Penology was given operational control over city and municipal jails. However, provincial jails
remained under the supervision of the provincial Govemor. A unique arrangement indeed
considering that the agency directly vested by law to handle jail management does not have
anything to do with provincial jai.

Recent events have proved the unreliability of this set-up with regard to provincial inmates.
thas shown that there is wisdom in placing jail management under professional, well-trained and
career jail managers, especially considering that those confined in provincial jails, by court order, are
associated with more serious and dangerous crimes compared with city or municipal inmates.


As a response to this policy vacuum, this measure seeks to repose supervision and control
over provincial jails to the Bureau of Jail Management and Penolagy, thus professionalizing, through
the use of career jai management officers, the administration of all local jails. Command
responsibilty for any systems failure in jail and penology administration shall be upon the shoulders
of the Secretary of the Department of Interior and Local Goverment.

This will then enable provincial Govemors, just like the city and municipal Mayors, to
concentrate on the development aspects of their respective provinces, instead of burdening them
with a responsibilty that is not directy related to the development needs of the province, The
Governor's peace and order powers shall not be aflected as this bil shall not affect, in any way, the
Govemors relationships with the Philippine National Police.

Moreover, this measure, which | also filed during the 10th Congress of the House of
Representatives as House Bill No. 133, will be complementary to my House Bill No. 316 entitied "AN
ACT PROVIDING FOR THE MODERNIZATION OF BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BUMP) JAILS PROVIDING THE FUNDS THEREOF AND FOR OTHER PURPOSES",
which | filed this 15th Congress, in establishing the needed reforms and capacity upgrading within
the BJMP institution,

For the foregoing reasons, passage ofthis measure is eamestly requested

Jf,
ROILO GOLEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4757?

House Bill No.

Introduced by Honorable Roilo Golez

AN ACT
AMENDING SECTIONS 61, 62, 63 AND 65 OF REPUBLIC ACT NUMBERED SIXTY-NINE
HUNDRED AND SEVENTY-FIVE, ENTITLED “AN ACT ESTABLISHING THE PHILIPPINE
NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT”

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

SECTION 1. Section 61 of Republic Act numbered Sixty-Nine Hundred Seventy-Five is
hereby to read as follows:

“Sec. 61. Powers and Functions. - The Jail Bureau shall exercise supervision and control
over all PROVINCIAL, city and municipal jails. [The provincial jails stall be supervised and
controlled by the provincial goverament within its jurisdiction, whose expenses] THE PROVINCIAL
JAILS shall be subsidized by the National Govemment (for not more than three (3) years after the
effectivity of this Act,”

SEC. 2. Section 62 of the same Act is hereby amended to read as follows:

*Sec. 62. Organization The Jail Bureau shall be composed of PROVINCIAL, city and
municipal jails, each headed by a PROVINCIAL, city or municipal jail warden: Provided, That, in the
case of large PROVINCES, cities and municipaiiies, a district jail with subordinate jails headed by a
district jail warden may be established as necessary.

x x xe

SEC. 3, Section 63 of the same Act is hereby amended to read as follows:
“Sec.63, Establishment of PROVINCIAL, District, City or Municipal Jail. There shall be

established and maintained in every PROVINCE, district, city or municipality @ secured, clean,
adequately equipped and sanitary jal for the custody and safekeeping of PROVINCIAL, city and


municipal prisoners, any fugitive from justice, or person detained awaiting investigation or trial andor
transfer to the national penitentiary, andor violent mentatly I person who endangers himsetf or the:
salety of others, duly certified as such by the proper medical or health officer, pending the transfer to
a mental institution.

The municipal or city OR PROVINCIAL 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 of prisoners. xxx."

SEC. 4. Section 66 of the same Act is hereby amended to read as follows:

“Sec. 65. Key Positions. - The head of the Jail Bureau with the rank of director shall have the
position title of Chief of Jall Bureau. He shall be assisted by a deputy chief with rank of chief
superintendent.

The assistant heads of the Department's regional offices with the rank of senior
superintendent shail assume the position tite of Assistant Regional Director of jail Management and
Penology as provided by Section 12 of this Act; the heads of the PROVINCIAL OFFICES WITH
THE RANK OF SUPERINTENDENT SHALL HAVE THE POSITION OF PROVINCIAL JAIL
WARDEN; the heads of the district offices with the rank of chief inspector shall have the position
title of District Jail Warden; and the heads of the city or municipal stations with the rank of senior
inspector shall be known as City/Municipal Jail Warden.”

SEC. 5. All laws, decrees, orders, rules and regulations, and all other issuances, or parts
thereof, which are inconsistent with this Act are hereby repeated or modified accordingly.

‘SEC. 6, If any part or provision of this Act is held unconstitutional or Invalid, other parts or
provisions hereof which are not affected thereby shail continue to be in full force and effect.

SEC. 7, This Act shall take effect after fifteen (15) days following its complete publication in
at least two (2) national newspapers of general circulation.

Approved,