Republic of the Philippines
HOUSE OF REPRESENTATIVES
~- Quezon City
EIGHTEENTH CONGRESS
First Regular Session

635)
HOUSE BILL NO. pathy

Introduced by Representative Divina Grace C. Yu

EXPLANATORY NOTE

This bill seeks to transfer the supervision and control over Provincial Jails to Bureau of
Jail Management and Penology (BJMP).

Section 61 of Republic Act No 6975, otherwise known as the Department of Interior and
Local Government Act of 1990 states that:
“Powers and Functions. — The Jail Bureau shall exercise supervision and control over all
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”
In the present set-up, BJMP is mandated by the law to exercise supervision and control
over all district, city and municipal jails, while provincial and sub-provincial jails are
under the auspices of their respective provincial governments.

Our government is operating two different offices catering to the same clienteles and
employing different sets of personnel for that purpose. It sometimes creates confusion
as to jail management strategies and leadership standards.

Through this measure, there will be a holistic approach in the administration and
supervision of prison and jail facilities in the country. This would lead to better
implementation of existing standards, policies, and guidelines in the administration of
local jails with regards to the safety of inmates, persons in custody awaiting
investigation, and ensuring that detention facilities meet at least the minimum standard
of treatment of prisoners.

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


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS

First Regular Sessi
HOUSE BILL NO. ‘35. 2

Introduced by Representative Divina Grace C. Yu

AN ACT MANDATING THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY TO
EXERCISE SUPERVISION AND CONTROL OVER PROVINCIAL JAILS AND
APPROPRIATING FUNDS THEREFOR

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

Section 1. The Bureau of Jail Management and Penology shall exercise supervision and control
over provincial jails, The supervision and control of provincial jails by provincial government are
hereby transferred to the Bureau of Jail Management Penology. For purposes of this Act, it is
understood that provincial jails include all existing sub-provincial jails.

Each provincial jail shall be headed by a provincial jail warden with a rank of
superintendent, who must be a graduate of bachelor of laws or a holder of a master’s degree in
management, public administration, public safety, criminology, penology, sociology, national
security administration, defense studies or other related disciplines from a recognized
institution of learning, and must have satisfactorily passed the necessary training or career for
such position as may be established by the Bureau of Jail Management and Penology. The chief
of the Bureau of Jail Management and Penology shall appoint the provincial jail warden.

Section 2. Within six (6) months from the effectivity of this Act, the Secretary of Interior and
Local Government and the Secretary of Budget and Management shall revise the organizational
structure and staffing pattern of the Bureau of Jail Management and Penology to include the
necessary manpower to operate provincial jails.

Section 3. All the existing provincial jail facilities, equipment, records, rights, liabilities, and
other assets of every provincial government are hereby transferred to the Bureau of Jail
Management and Penology. For this purpose, there is hereby established a three-year transition
period 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 payments of utilities and
necessary repairs.


Section 4. The transfer of functions, facilities, equipment, records, rights, liabilities and other
assets from the provincial government to the Bureau of Jail Management and Penology shall be
without prejudice to the provisions of Republic Act No. 7160, otherwise known as the “ Local
Government Code of 1991,” that are not otherwise inconsistent with this Act. Such transfer, and
the creation and filling-up of positions to man the provincial jails shall be completed within the
three-year transition period.

Section 5. The incumbent personnel of provincial jails shall continue to perform their duties
and responsibilities in a holdover capacity until such time that qualified personnel based on the
staffing pattern, are assigned and appointed. The qualified incumbent personnel of provincial
jails may be absorbed by the Bureau of Jail Management and Penology without loss of seniority.

Any personnel who are not absorbed by the Bureau of Jail Management and Penology
shall be given preference in the filling-up of vacancies in the provincial government or shall be
allowed to retire under existing laws, rules and regulations.

Section 6. The amount necessary for the initial implementation of this Act shall be soureed from
the current appropriations of the Bureau of Jail Management and Penology. Thereafter, such
sums as may be necessary for the continued implementation of this Act must be included in the
General Appropriations Act.

Section 7. There is hereby created a special oversight committee to monitor and expedite the
implementation of this Act. The committee shall be composed of the Secretary of Interior and
Local Government as chairperson, the Secretary of Budget and Management as co-chairperson,
and the chairperson of the Civil Service Commission, the president of the League of Province
and the chief of the Bureau of Jail Management and Penology, as members.

Section 8. Within ninety (90) days from the approval of this Act, the Secretary of Interior and
Local Government, in coordination with the chief of the Bureau of Jail Management and
Penology and the president of the League of Provinces, shall promulgate the rules and
regulations implementing the provision of this Act. The implementing rules and regulations
issued pursuant to this section shall take effect thirty (30) days after its publication in two (2)
newspapers of general circulation.

Section 9. Sections , 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;” Paragraph (3), Subsection(b),
Section 7 of the Republic Act No. 9263, otherwise known as the “ Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004;” and pertinent
provisions of Republic Act No. 7160 on the control and supervision of provincial jail; and all
other laws, decrees, orders, rules and regulations, or parts thereof, inconsistent with the
provisions of this Act, are hereby amended or modified accordingly.

Section 10. This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation.

Approved,