Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2703

HOUSE BILL NO.

Introduced by HON. GLORIA MACAPAGAL-ARROYO, HON. JUAN
MIGUEL M. ARROYO, HON. DIOSDADO M. ARROYO

EXPLANATORY NOTE

The Philippines recognizes and adheres to the internationally accepted
principle of reciprocity which is the basis of mutual cooperation and amity
among nations.

It is always a sensitive issue when a Philippine national is sentenced in a
foreign jurisdiction for committing a crime. In this situation, there is always a
compelling interest to balance two primordial interests-the duty of the State to
protect the rights of our nationals on one hand, and the recognition of a foreign
country’s sovereign right to administer justice in its jurisdiction, on the other. In
the same manner, foreign nationals found guilty of committing a crime in
Philippines also involve these two interests.

The Departments of Foreign Affairs and Justice have engaged the
representatives of the Hongkong Special Administrative Region of the People’s
Republic of China and the government of Thailand for the purpose of
negotiating the terms of treaties that would allow Filipinos convicted in these
countries to serve their sentences in Philippine penal institutions. These treaties
will also provide reciprocal rights for Hongkong and Thai citizens convicted by
Philippine Courts. The Philippines is expected to forge treaties with Hongkong
and Thailand for the transfer of sentenced persons in the future. Similar
engagements with other countries are in progress particularly those with
substantial number of Filipino migrant workers.

As these treaties are not self-executory and will require the enactment of a
domestic law that will provide the procedure and mechanism for its
implementation, there is this urgency in filing this bill. This bill gives the
authority to the Secretary of Justice to receive a Filipino sentenced in a foreign
country or cause the transfer of an alien serving sentence in the Philippine penal
institutions in accordance with provisions of the treaties between the Philippines
and the concerned country. In addition, it provides for the procedure in securing
the consent of the sentenced person and the verification of such consent. It
further provides for the administrative costs attendant to the transfer of
sentenced persons.

Treaties on prisoner transfer and this bill which seeks to implement them
are borne out of humanitarian consideration, that of the plight of a sentenced
person in foreign lands. It allows a person to serve his or her sentence in his


home country where his rehabilitation may be properly monitored and within
reach of his or her family and relatives.

In view of the overriding public and humanitarian interests involved, it is

imperative that this bill be immediatepassed.
Da

Hee pl bog Gy ELARROYO

HON. DIO! RROYO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

HOUSE BILL NO. 270 3

Introduced by Introduced by HON. GLORIA MACAPAGAL-ARROYO, HON.
JUAN MIGUEL M. ARROYO, HON. DIOSDADO M. ARROYO

AN ACT
AUTHORIZING AND PROVIDING FOR THE PROCEDURE FOR THE
TRANSFER OF SENTENCED PERSONS TO OR FROM FOREIGN
COUNTRIES AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Transfer of
Sentenced Persons Act of 2010.”

SEC. 2. Declaration of Policy. The State recognizes the sovereign right of
every State to administer its judicial system within its jurisdiction. Likewise, the
Philippines recognizes and adheres to the internationally accepted principle of
reciprocity among nations.

SEC. 3. Definition of Terms. For the purpose of this Act, the
following terms shall have the following meaning:

a) “Transfer” means a transfer of an individual for the purpose of
the execution in one country of a sentence imposed by the court
of another country;

b) “Sentence” means any penalty involving deprivation of liberty

ordered by a court on a criminal defendant in the course of the

exercise of its criminal jurisdiction,

“Sentenced Person” means a person who is found guilty of

commission of an offense and made to serve a sentence by a

final judgment of a court;

°)

4) “Transferring Country” means the country from which the
sentenced person may be, or has been transferred;
¢) “Receiving Country” means the country to which the sentenced

person may be, or has been transferred;

f) “Secretary” means the Secretary of the Department of Justice or
his duly designated representative; and,

g) “Treaty” means a treaty under which a person sentenced in the
court of one country may be transferred to another country for
the purpose of serving the sentence imposed by the said court


SEC. 4. Applicability. This law shall only be applicable to the transfer
of a sentenced person to and from a foreign country pursuant to a treaty
that is in force: PROVIDED, however, that a sentenced imposed by a
foreign court upon a sentenced person who is subsequently transferred to
the Philippines pursuant to a treaty shall be fully executed in the
Philippines even though the treaty under which the sentenced person was
transferred is no longer in force.

SEC.5. Nationality of Sentenced Person. A sentenced person may be
transferred from the Philippines to a country of which the sentenced
person is a citizen or national. Only a sentenced person who is a Filipino
citizen may be transferred to the Philippines.

SEC.6. Double Criminality. At the time of the transfer it must be
shown that the offense for which the sentenced person was sentenced is
still an offense in the transferring country and in the receiving country.

SEC.7. Political Offense Not Covered. The transfer shall not be granted
if the sentenced person is convicted of a political offense.

SECS. Authority of the Secretary. This Act authorizes the Secretary
to:

a) receive custody of a sentenced person under a treaty from a
foreign country and as appropriate, confine him in the proper
penal or correctional institution:

b) transfer a sentenced person to the foreign country of which he is

a citizen or national;

issue rules and regulations for the proper implementation of

this Act;

d) submit to a foreign country and to received from it the
certification and reports required to be made under a treaty;

e) authorize the transportation through Philippine territory of a
sentenced person convicted in a foreign country who is being
transported to a third country for the execution of his sentence,
the expenses of which shall be paid by the country requesting
the transportation; and

f) designate agents to receive, on behalf of the Philippines, the
delivery of a foreign government of a Filipino citizen being
transferred to the Philippines for the purpose of serving a
sentence imposed by a court of the foreign country and to
convey him to the place designated by the Secretary.

2

SEC.9. Applicability of Philippine Law. All laws of the Philippines, as
appropriate, pertaining to prisoners shall be applicable to a person who is
transferred to the Philippines, unless the treaty or this Act provides
otherwise.

SEC.10. Transfer of Persons Serving Sentence. Except as provided in
this Act, a person serving a sentence in a foreign country who is
transferred to the custody of the Secretary shall remain in the appropriate
penal institution or establishment in the Philippines under the same
conditions as if he had been committed to the custody of said penal


institution or establishment by a Philippine court and for the period of
time which remains to be served under his sentence imposed by the
transferring country.

SEC.11. Credit for Good Conduct and other Time Allowances. The
transferred person shall be entitled to deductions from the period of his
sentence for time served abroad as a detention prisoner in connection with
the offense or acts for which the sentence was imposed.

The transferred person shall also be entitled to good conduct and
other time allowances or any other credit toward the service of the
sentence which had been given by the transferring country for time served
as of the time of the transfer. Subsequent to the transfer, the sentence
person shall also be entitled to credits for good conduct and for loyalty
provided under Articles 97 and 98 of the Revised Penal Code and similar
laws.

If the country from which the offender is transferred does not give
allowances for good conduct or loyalty, the basis for computing
deductions from the sentence imposed shall be at the rates prescribe in the
aforementioned provisions of the Revised Penal Code and similar laws.

A sentence for an offense committed earlier by the transferred
person in the Philippines, which imposed by a Philippine court while said
person is serving the sentence in a foreign country shall be aggregated
with the foreign sentence in the same manner as if the foreign sentence
was one imposed by a Philippine court on the sentenced person for an
offense against the people of the Philippines.

SEC.12. Consent of Sentenced Person. No sentenced person may be
transferred to or from the Philippines without the said person’s consent.
Once given and verified, the sentenced person’s consent to transfer shall
be irrevocable. However, in the case the sentenced person is incapacitated
from giving such consent, his or her consent maybe given by a person or
person’s entitled to act under his or her behalf under the laws in force in
his or her country, including the State.

SEC.13. Verification of Consent of a Sentenced Person to Transfer from
the Philippines. Prior to the transfer of a sentenced person from the
Philippines, the Secretary shall verify that the sentenced person;

a) consents to such transfer and that such consent is voluntary
and not the result of any promises, threats, or other
improper inducements with full knowledge of the
consequences thereof, and

b) understand and agrees that the transfer shall be subject to
the following conditions;

(i) only the appropriate court in the transferring country
may modify or set aside the conviction of sentence,
and any proceeding seeking such action may only be
brought in such court;


(ii) the service of the sentence shall be carried out
according to the laws of the receiving country and
that those laws are subject to change ;

(iii) if a court in the receiving country should determine
upon a proceeding initiated by the sentenced person
or on his behalf that his transfer was not
accomplished in accordance with the treaty or laws of
the transferring country, the offender may be
returned to the transferring country to complete the
sentence if the said country request for his return;
and,

(iv) _ that his consent to transfer, once given and verified, is
irrevocable.

SEC.14. Verification of Proceedings. The proceedings for the
verification of the consent of a sentenced person shall be in accordance
with the terms of the treaty.

SEC.15. Right to Counsel. In proceeding to verify the consent given
by a sentenced person for transfer, the sentenced person shall be advised
of his right to consult with counsel before determining if his consent is
given voluntarily and with full knowledge of the consequences. If the
sentenced person wishes to consult with counsel before giving his
consent, he shall be advised that the proceedings will be suspended until
he has had an opportunity to consult with counsel. If the sentenced person
is financially unable to obtain counsel, the same shall be provided with the
assistance of counsel for free.

SEC.16. Loss of Rights Disqualification. A sentenced person
transferred to the Philippines to serve a sentence imposed by a foreign
court shall not incur any loss of civil, political or civic rights nor incur any
disqualification other than those which are provided under the laws of the
Philippines in which the issue arises and which would result from the fact
of the conviction in the foreign country.

SEC.17. Transit of Sentenced Person. Subject to the provisions of a
treaty to which the Philippines is a party, if either party transfers a
sentenced person from any third country, the country shall cooperate in
facilitating the transit through its territory to such sentenced person. The
party intending to make such transfer shall give advance notice to the
other party of such transit.

SEC.18. Return of Transferred Person. Upon final decision by a
Philippine court that the transfer of the sentenced person to the
Philippines was not in accordance with the treaty or the laws of the
Philippines and upon ordering the sentenced person's release from
serving the sentence in the Philippines, the transferred person so released
may be returned to the transferring country to complete the sentence.
PROVIDED, however that:

a) The transferring country requests for his return. The
Secretary, through diplomatic channels, shall notify the
appropriate authority of the transferring country within


ten (10) days from final decision of a Philippine court
ordering the release of the transferred person. The
notification shall specify the time within which the
transferring country must request for the return of the
transferred person be not later than thirty (30) days from
the date of the release order of the court.

b) Upon receipt, through diplomatic channels, of a request
from the transferring country that the transferred person
ordered released be returned for the completion of his
sentence, the Secretary may file a complaint for the
return of the transferred person to the transferring
country with judge of the court that exercised jurisdiction
over the transferred person. The complaint shall be made
under oath and supported by affidavits establishing that:

(i) the transferred person was convicted and
sentenced by a court of the transferring
country;

(ii) the transferred person was transferred to the
Philippines for the execution of his sentence;

(iii) the transferred person was ordered released by
a Philippine court before he had completed his
sentence because the transfer of the offender
was not in accordance with the treaty or laws
of the Philippines, and,

(iv) _ the transferring country has requested that the
transferred person be returned for the
completion of the sentence.

Attached to the complaint shall be a copy of the sentence of the
court of transferring country and of the decision of the court in the
receiving country that ordered the release of the transferred person.

A summons or warrant shall be issued by the judge ordering the
transferred person to appear or to be brought before it. If the judge finds
that the person before him is the person described in the complaint and
that the facts alleged in the complaint are true, he shall issue an order for
the commitment of that person to the custody of the Secretary until
surrender to the transferring country has been made. The finding and a
copy of all testimonies taken before him and of all documents introduced
before him shall be transmitted to the Secretary of Foreign Affairs of the
Philippines so that an order may, upon the request of the proper
authorities of the transferring country, be issued against the transferred
person.

©) A complaint referred to in subsection (b) must be filed within sixty
(60) days from the date on which the decision ordering the release of the
offender becomes final.

d) A sentenced person returned under this Section shall be subject to

the jurisdiction of the transferring country to which he is returned for all
purposes.


e) The return of a transferred person shall be conditioned upon the
transferred person being given credit toward service of the sentence for
the time spent in the custody of, or under the supervision of the
Philippine court or the Secretary.

SEC.19. Execution of Sentence Imposed; Restitution or Reparation. If in a
sentence issued in a criminal proceeding of a transferring country, a
sentenced person transferred to the Philippines has been ordered to pay
the sum of money to the victim of the offense, that penalty of award or
damages may be enforced as though it were a judgment rendered by a
Philippine court. Proceedings to collect the moneys ordered to be paid
may be instituted by the Secretary in a Philippine court. Moneys
recovered pursuant to such proceedings shall be transmitted through
diplomatic channels to the treaty authority of the transferring country for
distribution to the victim.

SEC.20. Jurisdiction of Proceedings Relating to Transfer of Sentenced
Person. When a treaty is in effect between the Philippines and a foreign
country providing for the transfer of sentenced person;

a) the country in which the sentenced person was convicted shall
have exclusive jurisdiction and competence over proceedings
seeking to challenge, modify or set aside convictions or
sentences handed down by a court of such country;

all proceedings instituted by or in behalf of a sentenced person
transferred from the Philippines to a foreign country seeking to
challenge, modify or set aside the conviction or sentence upon
which the transfer was based shall be brought in the country
that would have jurisdiction and competence if the sentenced
person had not been transferred;

all proceedings instituted by or in behalf of a sentenced person
transferred to the Philippines pertaining to the manner of
execution in the Philippines of a sentence imposed by a foreign
court shall be brought in the Philippine court in the place where
transferred person is confined or in which supervision is
exercised and shall name the Secretary and the official having
the immediate custody or exercising immediate supervision of
the transferred person as respondents. The Secretary shall
defend against such proceedings;

all proceedings instituted by or in behalf of a sentenced person
seeking to challenge the validity or legality of the sentenced
person's transfer from the Philippines shall be brought in the
Philippine court in which the proceedings to determine the
validity of the sentenced person consent were held and shall
name the Secretary as respondent , and,

all proceedings instituted by or in behalf of sentenced person
seeking to challenge the validity or legality of his or her transfer
to the Philippines shall be brought in the Philippine court of the
place where he or she is confined or in which supervision
exercised and shall name the Secretary and the official having
immediate custody or exercising immediate supervision of the
transferred person as respondents. The Secretary shall defend
against such proceedings.

b)

°)

dq)

e)


SEC.21. Expenses. The expenses incurred in the transportation of the
sentenced person and those brought about by the continued enforcement of the
sentence after transfer shall be borne by the receiving country. The Secretary
may, however, seek to recover all or part of such costs from the transferred
person.

SEC. 22. Appropriations. For the initial implementation of this Act, funds
as may be necessary to carry out its provisions shall be taken from the current
General Appropriations Act. Thereafter, such sum as may be necessary for its
continued implementation shall be included in the Annual General
Appropriations Act.

SEC. 23. Implementing Rules and Regulations. The Secretary shall, within
sixty (60) days, draw up the necessary rules and regulations for the proper
implementation of any such treaty or covenant, in accordance with the
provisions of this Act.

SEC. 24. Repealing Clause. - All laws, presidential decrees, executive
issuances, rules and regulations, or part thereof which are contrary to or
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SEC. 25. Separability Clause. Should any portion or provisions of this Act
that be declared unconstitutional or invalid by a competent court, the other
provisions hereof shall continue to be in force as if the provisions so annulled or
voided had never been incorporated in this Act.

SEC. 26. Effectivity. - This Act shall take effect thirty days (30) days after its
publication in a newspaper of general circulation at least once for three (3)
consecutive weeks, or in the Official Gazette. The provisions of this Act shall
remain in force during the existence of a treaty or convention for the transfer of
sentenced persons with any other state or government.

Approved.