EIGHTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 5237

Introduced by Representative VICTOR A. YAP

EXPLANATORY NOTE

The Bureau of Jail Management and Penology (BJMP) is faced with various problems of critical
and chronic overcrowding of jail facilities consequently causing disturbance, escapes, substandard living
conditions, poor sanitation and hygiene-related diseases.' With the Duterte Administration's War on Illegal
Drugs, the number of inmates in our presently congested penitentiaries will continue to increase.

The BJMP, also referred to as the Jail Bureau, was created pursuant to Sections 60 to 65, Chapter V
of Republic Act No. 6975 or the Department of the Interior and Local Government (DILG) Act of 1990. As
one of the five pillars of the Criminal Justice System, the BIMP is mandated to address growing concern of
jail management and penology problem. As provided for, the Jail Bureau is mandated to take operational
‘and administrative control over all city, district and municipal jails but excludes provincial and sub-
provincial jails.

The country’s penal system plays a significant role in the administration of justice in our country
Hence, professionalizing the practice of prison supervision will ensure that the officials heading our penal
system are free from the controls of political influence. According to the DILG, thirteen (13) out of the
seventy-four (74) provincial jails nationwide are now being supervised by the BJMP for better management
and operational supervision.” More are expected to follow as more provincial governments recognize the
BJMP's competence in the management of prisons

This bill seeks to transfer the supervision and control of provincial and sub-provincial jails from
local government units (LGUs) to the BJMP, to provide for the smooth transition thereof, and to
professionalize prison management. Through this measure, there will be uniformity and boosted efficiency
in the implementation of plans and programs geared towards BIMP’s vision as “a dynamic institution highly
regarded for its sustained humane safekeeping and development of inmates.”

To guarantee the integration of local jails and professionalism of its management, the
of this bill is earnestly sought.

ly passage

RA. YAP
Representative, 2™ District of Tarlac

* hutp:/\www.preda.org/media/research-documents/the-situation-of-the-philippine-penitentiaries!


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EIGHTEENTH CONGRESS i}
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Section )

HOUSE OF REPRESENTATIVES

House Bill No. peg

Introduced by Representative VICTOR A. YAP

AN ACT
PLACING THE PROVINCIAL, SUB-PROVINCIAL AND DISTRICT JAILS UNDER THE
JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),
AMENDING SECTIONS 61, 62 AND 63 OF REPUBLIC ACT NUMBERED SIXTY-NINE.
HUNDRED AND SEVENTY-FIVE, OTHERWISE KNOWN AS THE “DEPARTMENT OF
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990” AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in Congress assembled:
SECTION 1. Section 61 of Republic Act No. 6975 is hereby amended to read as follows:

“Section 61. POWERS AND FUNCTIONS.- The Jail Bureau shall exercise
supervision and control over ALL PROVINCIAL, SUB-PROVINCIAL,
DISTRICT, 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.) JAILS DO NOT INCLUDE DETENTION CENTERS
AND LOCK-UP CELLS BEING MAINTAINED BY THE ARMED FORCES
OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP),
NATIONAL BUREAU OF INVESTIGATION (NBD) AND THE BUREAU OF
IMMIGRATION AND DEPORTATION.”

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

“Section 62. Organization. — The Jail Bureau shall be headed by a Chief who shall
be assisted by [a deputy chief] OTHER OFFICERS ENUMERATED IN
SECTION 3 OF R.A. 9263, OTHERWISE KNOWN AS THE ‘BUREAU OF
FIRE AND PROTECTION AND BUREAU OF JAIL MANAGEMENT AND
PENOLOGY PROFESSIONALIZATION ACT OF 2004”.

The Jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL,
DISTRICT, city and municipal jails [each headed by a city or municipal jai
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.”


SECTION 3. Section 63 of the same Act is hereby amended to read as follows:

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

The PROVINCIAL, SUB-PROVINCIAL, DISTRICT, municipal or city jail
service who shall assist in the immediate rehabilitation of individuals or detention of
prisoners shall preferably be headed by a graduate of a four (4) year course in
psychology, psychiatry, sociology, nursing, social work or criminology, PUBLIC
SAFETY, PENOLOGY, 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
COURSES FOR SUPERINTENDENT POSITION AS MAY BE
ESTABLISHED BY THE JAIL BUREAU who shall assist in the immediate
rehabilitation of individuals or detention of prisoners. Great care must be exercised so
that the human rights of this prisoners are respected and protected, and their spiritual
and physical well-being are properly and promptly attended to.”

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heads of the provincial and sub-provincial jails within the province shall have the rank of

jistrator, Sub-Provii il Administrator. — The

superintendent and shall be appointed by the chief of the jail bureau, the appointment of which
must be attested to by the civil service commission. [The provincial jail administrator shall exercise
supervisory control over the provincial, district, city and municipality jail in their respective

provinces.]

SECTION 5. Authority of the Chief, Bureau of Jail Management and Penology to
Reorganize Provincial Jails. ~ The Chief, Bureau of Jail Management and Penology have the
authority to reorganize existing provincial jails, including its offices and personnel; Provided, That
in the exercise of this power, the services of the personnel assigned therein and holding a

permanent appointment shall not be terminated.

SECTION 6. Special Oversight Committee. — A Special Oversight Committee is hereby
created, composed of the Secretary of the Department of the Interior and Local Government as
Chairman, the Secretary of the Department of Budget and Management as Co-Chairman, and the
Chief of the Bureau of Jail Management and Penology, the Chairman of the Commission on Audit
and the President of League of Provinces as members, which shall plan and oversee the expeditious
implementation of the transfer and absorption into the Bureau of all existing provincial jail

facilities, equipment, records, rights, liabilities, appropriations, installations and other assets of the


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provincial and sub-provincial jails, subject to just compensation under appropriate terms and

conditions.

SECTION 7. Transitory Provision. ~ The incumbent personnel of provincial jails shall
continue to perform their duties and responsibilities in a holdover capacity until such time that
qualified personnel are, based on the staffing pattern assigned and appointed. The qualified
incumbent personnel of provincial jails may be absorbed by the jail bureau without loss of

seniority.

Any personnel who are not absorbed by the jail bureau 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 8. Appropri

maintenance of provincial jails shall, for the first of fraction therefore after enactment into law of

ions. — The existing appropriation for the operation and

this Act, continue to be so appropriated for the purpose. Thereafter, the amount of two hundred
fifty million (P250,000,000.00) for the operation and maintenance of the provincial and sub-
provincial jails by the BJMP shall be included in the annual General Appropriations Act.

SECTION 9. Separability Clause. — If any of the provision of this Act is declared invalid,

the remainder of this Act or any provisions not affected thereby shall remain in force and effect.
SECTION 10. Repealing Clause. ~ All laws, decrees, ordinances, rules and regulations,
administrative or executive orders, and other presidential issuances inconsistent with this Act, are

hereby repealed, amended or modified accordingly.

SECTION 11. Effectivity. - 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,