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Republic of the Philippines \

House of Representatives
Queson City, Metro Manila

Eighteenth Congress

First Regular Session

House Bill No. 3197

Introduced by

HON. ANNA MARIE VILLARAZA-SUAREZ and
HON. DAVID C. SUAREZ

EXPLANATORY NOTE

Article II, Section 12 of the 1987 Constitution declares that the State
recognizes the sanctity of family life and shall protect and strengthen the family as
a basic social institution, and that the natural and primary right and duty of parents
in the rearing of the youth for civic efficiency and the development of moral
character shall receive the support of the Government.

The loss of parental care and the severance of maternal bond because of
incarceration have long-term debilitating effects for the affected children, their
mothers and their families. Research indicates that children with incarcerated
mothers and the mothers themselves are at heightened risk for attachment
disturbance leading to depression, anxiety, and other trauma-related stress
resulting to a diminished quality of their lives. Fortunately, studies also suggest that
the quality of the family and social support systems to the child plays a significant
role in the child's ability to overcome these challenges and succeed in life.
Therefore, it is critical that prison authorities and correctional practitioners, child
welfare agencies, and courts of law, understand the unique dynamics of the families
involved to ensure a safety net for the children and mothers concerned.

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In particular, government policies on prison and jail management, including
the courts’ rules and procedures, must focus on the unique relationship of a mother
toa child, recognize the rights of detained and incarcerated mothers, and the need
for special care and consideration of children of incarcerated mothers.

This bill seeks to establish programs and projects for the delivery of health
and social packages for incarcerated mothers and their children, child-friendly
visitation programs, and for the proper placement of affected children, all for the
purpose of mitigating the adverse effects of separation of incarcerated mothers and
their children.

For the foregoing reasons, the immediate approval of the proposed measure
is earnestly sought.

HON. ANNA Mra ae RAZA-SUAREZ

REPRESENTATIVE REPR
ALONA PARTYLIST 2"7 DISTRICT, IN



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Republic of the Philippines

Bouse of Representatives
Queson City, Metro Manila

Eighteenth Congress

First Regular Session

3197

Introduced by

HON. ANNA MARIE VILLARAZA-SUAREZ and
HON. DAVID C. SUAREZ

AN ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR
CHILDREN

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

SECTION 1. Short Title. - This Act shall be known as the ‘Mothers in Jail Act of
2019’.

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 and regulations governing the detention and correction
facilities.

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) Inall actions concerning children, whether undertaken by the 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 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 of Guardianship Options. - The court shall provide
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 (DOJ), the Bureau of Corrections
(BuCor), the Bureau of Jall Management and Penology (BJMP), the Department of
Social Welfare and Development (DSWD), and the Department of Health (DOH)
shall be established. Such body shall:

a) Formulate the necessary rules and regulations for the effective implementation
of this Act;

b) Provide for specific procedures for the placement of the children of defendants
or for infants born to women already incarcerated in the national prisons; and

c) Establish programs designed to provide counselling, 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. - Authorities of prison and
detention facilities shall establish child-friendly opportunities for mothers and
children. Special visitation rooms for mothers and their children shall be provided
for this purpose.

SECTION 7. Independent Monitoring. - Frequent access to prisons and
detention facilities shall be granted to relevant institutions such as the Commission
on Human Rights, human rights, non- government organizations (NGOs), 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 provisions 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 and regulation
contrary to or is inconsistent with the provisions 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 the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved.