Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNo.10351
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Introduced by Representative Jaime R Fresnedi
EXPLANATORY NOTE
This bill seeks to define the rights of women deprived of liberty and to underscore our
societal responsibility to protect and uphold their inherent rights.   The provisions outlined in
this bill are essential safeguards to ensure the dignity and well-being of women deprived of
liberty, reaffirming our commitment to the principles enshrined in the International Covenant
on Civil and Political Rights in which Philippines (ICPR) is a party to.
Aside  from our commitments to the  ICPR,  Republic Act No.  9710  (RA 9710)  or the
Magma Carta of Women (MCW) is a comprehensive women's human rights law that seeks to
eliminate discrimination against women, which also serves as one of the foundations of this
law.   This is through the recognition, protection, fulfillment, and promotion of the rights of
women,  especially  those  belonging  to  the  marginalized  sectors  of society  and  regardless
whether they are women deprived of liberty or not.
The tragic case of Reina Mae Nasino,  a 23-year-old prisoner who gave birth to baby
River on July 019 2020 in jail is a case in point.  Baby River was separated from her mother on
August  13  and was taken out of jail facilities.   She died two months later, on October 9, of
acute respiratory distress syndrome.   This happened despite having Republic Act 10028 (RA
10028) or the Expanded Breastfeeding Law which provides for "an environment where basic
physicalO emotional, and psychological needs of mothers and infants are fulfilled through the
practice of rooming-in and breastfeeding."  Regardless whether you are in jail or not, this is a
right provided to all women.
Poor baby River's untimely death at 3 months old shook our conscience and exposed the
vulnerabilities faced by women in correctional facilities. Baby River's life was cut short due to
the refusal of the correctional facility to accommodate her inside the prison with her mother -
a stark reminder of the urgent need for reform in our system.
Reina Mae Nasino's experience epitomizes the systemic injustices endured by countless
women behind bars. Her story is a harrowing reminder of the urgent need for comprehensive
reform in our correctional facilities. We cannot allow the negligence and indifference that led
to Baby River's death to go unaddressed.


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Turning a blind eye to the plight of the women in the country and allowing bureaucratic
inertia to delay the implementation of vital reforms increases the statistics of women suffering
from indignity and injustice behind bars.   To echo our unwavering dedication to justice and
human  dignity,  this  bill  seeks  to  ensure  that  no  woman  is  left  behind,  regardless  of her
circumstances.  Through this legislation, we will champion the rights of women and fulfill our
duty to create a more equitable and compassionate society.
In view of the foregoing, the immediate approval of this bill is eamestly sought.
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HoUSHBILLNo.    10351
Introduced by Rep. Jaime R. Fresnedi
AN ACT
DEFINING THE RIGHTS OF WOMEN DEPRIVED OF LIBERTY IN JAILS AND
CORRECTI0NAL     FACILITIHS     AND     PROVIDING     FUNDS     FOR    THEIR
ENFORCEMENT
Be  it  enacted by  the  Senate  and the  House  Of Representatives  Of the  Philippines  in
Congress assembled:
SECTION   1.  Sfoor/  r7.//e.   -This  Act  shall  be  known  as  the   "Dz.g#z.ty /or  Wo77ce7?
Deprived Of Liberty Act".
SEC.  2.  Doc/cyrc}/z.o#  o/Po/i.c);.  -It  is  hereby  declared  the  policy  of the  State  to
safeguardthebasicrightsofeverypersondeprivedofliberty,takingintoaccountthedistinctive
needs of women, and to promote their health, security, dignity, and general welfare.
SEC. 3. Dc¢#z./I.o#s.  -As used in this Act, the term:
(a)  "Woman deprived of liberty" refers to a woman detainee, inmate, or prisoner, or
other women under confinement or custody in any other marmer. However, in order
to prevent labeling, branding, or shaming by the use of these or other derogatory
words, this new and neutral term shall be used in accordance with Article 10 of the
International Covenant on Civil and Political Rights (ICCPR);
(b)  "Jails and correctional facilities" shall cover every municipal, city, and district jails
under the jurisdiction of the Bureau of Jail Management and Penology (BJMP); the
various  provincial jails  under  their  respective  provincial  governments;  and the
correctional facilities under the j urisdiction of the Bureau of Corrections, which are
chargedwiththecustodyorreformationofwomendeprivedoflibertyincarcerated
therein;
(c)   "Jail and correctional facility employee" means any person employed by a jail or
correctional facility, which includes, but is not limited to, the uniformed persormel
of the Bureau of Jail Management and Penology as enumerated in Section 12 of
Republic Act No. 9263 and the uniformed persormel of the Bureau of Corrections
as enumerated in Section 19 of Republic Act No.10575;
(d)  "Healthcare products" includes the following:
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(1) feminine hygiene products such as sanitary napkins, panty liners, and
tampons;
(2) toiletries such as towels, shampoo, soap, and undergarments;
(3) any other health care product that the jail or correctional facility deems
appropriate,  as identified or recommended by a gynecologist or a health
care professional;
(e) "Infant children" refers to children of women deprived of liberty of the age of zero
to twelve (0-12) months old;
(I) "Mental health" refers to a state of well-being in which the individual realizes one's
own abilities and potentials, scopes adequately with the normal stresses of life, displays
resilience in the face of extreme life events, works productively and fruitfully, and is
able  to  make  a positive  contribution to  the  community  as  defined  in  Section  4  of
Republic Act No.11036;
(g) "Mental Health Service" refers to psychosocial, psychiatric or neurologic activities
and programs along the whole range of the mental health support services including
promotion, prevention, treatment, and aftercare, which are provided by mental health
facilities and mental health professionals as stated in Section 4 of Republic Act No.
11036;
(h) "State of undress" means not dressed or not fully dressed.
SEC;. 4. Right to Health Care. -
(a)  Right to Preventive Health Care. -It shall be the right of every woman deprived of
liberty to be provided with proper preventive health care. This includes:
1.   regular preventive medical examination, especially with a gynecologist
or obstetrician,
2.    access to mental health services;
3.   regular sunning (sun exposure) and exercise, and;
4.   provision  of dietary  supplements  for  pregnant,  lactating,  elderly  and
menstruating women. The supplements shall be provided at no cost and
shall be determined by a gynecologist, or by an obstetrician for pregnant
women.
(b) Right to Health Care Products. - It shall be the right of a woman deprived of liberty
to be provided health care products.  Thus,  a jail  or correctional  facility  shall make
available  health  care  products to  each woman deprived  of liberty  at no  cost to  the
woman without need  for a medical  referral.  A jail  or correctional  facility  may  not
require that a woman deprived of liberty be diagnosed with an illness in order to access
health care products.
(c) Right to Medical Examination and Treatment. - It shall be the right of a woman
deprived of liberty to be examined or treated for an illness. In case a woman deprived
of liberty requests that she be examined or treated by a woman physician or nurse, a
woman physician or nurse shall be made available, to the extent possible, except for
situationsrequiringurgentmedicalintervention.Ifamalephysicianornurseundertakes
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the examination contrary to the wishes of the woman deprived of liberty, a woman staff
member shall be present during the examination.
SEC. 5. Rj.gfe/ a/Pregrcr#f Wo"e73 ,4gczz.#sf Jtes/7'crz.7zf. -It shall be the right of a pregnant
woman deprived of liberty not to be restrained, in any manner, during medical examinations,
transport to hospital to give birth, during labor,  and immediately after birth: Provj.c7ec7,  That
said woman deprived of liberty has no history of committing physical harm against fellow
persons deprived in liberty, and jail or correctional facility employees.
F5EC.  6.  Righi to  Stay with their  Infant  Children in  Irifirmaries  Inside  Correctional
Fcrcz./ztz.es. - It shall be the right of a woman deprived of liberty to stay with her infant child in
infirmaries located inside correctional facilities until the infant child shall have attained the age
of one (1) year old. The woman deprived of liberty shall undergo postpartum care to ensure
physical and mental health and wellness. After the child has attained one (1) year of age, the
child  may  stay  with  the  mother  deprived  of  liberty  inside  correctional  facility  if  it  is
advantageous to both the mother and the child, as recommended by the medical officer of the
correctional facility or a by a competent health professional and a social worker. Otherwise,
the child shall be placed under the care of relatives or in an orphanage if no relative would
come to take care of the child.
In case the child of a woman deprived of liberty be placed under the care of relatives or
in an orphanage, the Social Welfare Officer shall see to it that the child shall have continuous
communication with and periodical visits to the mother deprived of liberty.
gEC. 7 . Right Against Punishment by Close Confinement or Disciplinary Segregation.
- It shall be the right of a woman deprived of liberty who is pregnant, has an infant child, or is
a breastfeeding mother not to be punished by close confinement or disciplinary segregation.
SEC.  8.  Rz.g¢f  fo  Ec7#cczfz.o#  cr#d J72/or7%cr/7.o#.  -    It  shall  be  the  right  of a woman
deprived of liberty to have access to information and education programs that include literacy
and  numeracy,  reproductive  health  and  preventive  healthcare  measures,   and  livelihood
training.
SEC.  9.  Rz.gfe/  /a  fegr/ ,4ssj.sfcz77ce  i.#  Fz./I.ng  Camp/czz.72fs.  - It  shall  be  the  right  of a
woman deprived of liberty to be provided free legal assistance in filing administrative and/or
criminal complaints against any jail or correctional facility employee or fellow person deprived
of liberty who have committed rape, sexual harassment or physical and mental abuses against
them. During the process, the complaining woman deprived of liberty shall be protected from
any kind of mental and physical torture, threats, ill treatments and other possible harm from
any paty and shall be provided immediate medical assistance and counselling programs.
All administrative complaints must be acted upon with dispatch, prompt and impartial
investigation and findings must be submitted to the respective Superintendent in charge of the
jail or correctional facility within forty-eight (48) hours from receipt of the complaint or any
incident report. Thereafter, the Superintendent shall, within twenty-four (24) hours, make the
appropriate administrative action against the guilty jail or correctional facility personnel.
SEC.10. Restrictions on Male Employees Of Jails and Correctional Facilities. -
(a) A male jail or correctional facility employee may not conduct a pat-down search or
body  cavity  search  on  a woman  deprived  of liberty  unless  the  woman presents  an
immediate risk of harm to herself or others and a female jail or correctional facility
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employee  is not available to  do the  search.  No  woman deprived of liberty  shall  be
required to strip completely during the search.
Alternative screening methods shall be developed to replace strip searches and invasive
body searches in order to avoid the harmful psychological and possible physical impact
of invasive body searches.
(b)  A male jail  or correctional  facility  employee  shall  announce  his presence  upon
entering a cell or housing unit for women deprived of liberty.
(c) A male jail or correctional facility employee may not enter an area of the jail or
correctional facility in which a woman deprived of liberty may be in a state of undress
or an area where a woman deprived of liberty in a state of undress may be viewed,
including, but not limited to, restrooms, shower areas, and medical treatment areas. If a
female jail  or  correctional  facility  employee  is  not  available  or  if a  female jail  or
correctional  facility  employee requires assistance,  a male jail  or correctional  facility
employee may enter such area only in the event of a medical emergency or if a woman
deprived of liberty presents an immediate risk of harm to herself or others.
SEC.  11. SepczJ`¢/e Prz.fo# Ce// ¢73d Fc}cz./z./i.es'. -Women deprived of liberty shall, at all
times, be held separately  from men deprived of liberty.  For this purpose,  separate cells and
facilities for women shall form part of the standard design in the construction and improvement
of jails and correctional facilities: Prow.c7ec7,  That in situations which presently receives both
men and women deprived of libertyo there shall be a section or part allocated exclusively for
women deprived of liberty.
SEC.  12.  Control  and  Supervision  Of Jails  and  Correction  Facilities  with  Women
Deprz.vec7 o/£z.berry. -In institutions having both men and women deprived of liberty, the
section or part set aside for women deprived of liberty shall be under the authority of a woman
prison officer who shall have control and supervision of such section.
SIEC.13 . Hiring and Training Of Additional Women Prison Persomel . -To ens"re th:e
effective implementation and to carry out the full intent of this Act, jails under the jurisdiction
of the Bureau of Jail Management and Penology and provincial govemlnents, and correctional
facilities under the jurisdiction of the Bureau of Corrections, are hereby mandated to maintain
the  women  custodial  personnel-to-women  deprived  of liberty  ratio  of  1 :7  and  women  to
reformation personnel-to-women deprived of liberty ratio of 1 :24.
All staff assigned to work with women deprived of liberty shall receive training relating to the
gender-specific needs and human rights of women deprived of liberty.
SEC.14. 4zxpraprJ.cJ/z.o#s. -The amounts necessary for the implementation of this Act
insofar as it refers to the municipal, city, districtjails and correctional facilities shall be charged
to the current appropriations for the Bureau of Jail Management and Penology and Bureau of
Corrections. Thereafter, such sums as may be necessary for the continued implementation of
this Act shall be included in the annual General Appropriations Act.
The  provincial  governments  shall  be  responsible  for  appropriating  the  necessary
amount needed for the implementation of this Act with regard to provincial jails.
SEC.   15.  J7xp/e777ej7/z.J7g  jtc//es  czJ7d jzegct/c7rJ.o#s.  -Within  ninety  (90)  days  after  the
approval  of  this  Act,  the  Secretary  of  Justice  and  the  Secretary  of  Interior  and  Local
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Government   shall   promulgate   the   necessary   rules   and   regulations   for   the   effective
implementation of this Act.
SEC.    16.   Separczbz./z.fy   CJCJ2/se.   -   If  any   provision   or   part   thereof  is   declared
unconstitutional, the remainder of this act or any provision not affected thereby shall remain in
full force and effect.
SEC.17. Repec7/i.7?g C/crzjse.  -All laws, acts, decrees, executive orders, issuances, and
rules and regulations or parts thereof which are contrary to and inconsistent with this Act are
hereby repealed, amended or modified accordingly.
SEC.  18. Ejj7ec/z.vz.fy. ~ This Act shall take effect immediately following its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
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