SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES ) ei Ew ty
Third Regular Session )

. 20
SENATI 18 WL 25 AB
S.B. NO. 1886
: B
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT

CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR
CHILDREN
EXPLANATORY NOTE

The deprivation of liberty due to the commission of a crime affects not only the
person incarcerated but also the person's family. This holds true, even more so
for solo parents who, by reason of their incarceration, are forced to leave their
children. In consideration of the forgoing, the proposed bill aims to establish
mechanisms which shall assist imprisoned solo parents in the performance of
their parental and child-rearing obligations.

While present bills on the matter only highlight mothers who may be put into
custody, the proposed bill aims to remove the distinction between a mother and
father, and aims to level the playing field by allowing even single fathers from
availing of the benefits of the act. Moreover, the impression that placement
Opportunities shall be a condition precedent to acceptance of a plea of guilt shall
be removed, in order not to impede the duty of the State to prosecute criminal
actions.

In view of the foregoing, the passage of this bill is earnestly recommended.

MARIA LOURDES ICY S. BINAY
Senator



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SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES
Third Regular Session )

18 JUL 25 A8 :20

faa —

SENATI
S.B. NO.

ise

Introduced by Senator Maria Lourdes Nancy S. Binay

AN ACT
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR
CHILDREN

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

Section 1. Title. - This Act shall be known as “Parents in Jail Act of 2018."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
that:

(1) The State shall defend the rights of children to special protection from
all forms of neglect and other conditions Prejudicial to their
development;

(2) The State recognizes that all persons deprived of their liberty shall be
treated humanely and shall enjoy all the rights guaranteed to free
persons, subject to the restrictions that are unavoidable in a closed
environment;

(3) The State shall promote stable and solid relationships between children
and parents, who are their primary care-givers and support incarcerated
parents to develop and maintain their relationship with their children;



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The State shall assure the right of the child to express his views freely in
all matters affecting him, the views of the child being given due weight in
accordance with his age and maturity.

Sec. 3. Apprising Incarcerated Parents of Their Parental Rights. - In cases
involving incarcerated parents, the court must give an appropriate warning of the
special consequences concerning the parental rights of the accused that may
result from a plea of guilty or conviction, especially the loss of parental authority.

Sec. 4. Placement and Guardianship Options. — After arraignment and
upon plea of guilty, the court shall inquire from the accused if the latter has any
minor children and in whose custody the minor children are. In the event that
the accused has minor children, the court shall motu proprio direct a social
worker or a representative of the Department of Social Welfare and
Development, to confer with the accused to discuss various options available to
the latter, in relation to the care and custody of his or her minor children. A
compliance report, duly signed by the accused, shall thereafter be submitted to
the court, attesting that options have been discussed and the selected option, if
any.

Should the accused be unable to place his minor children under the care
of a responsible adult, the minor children shall be placed under the care of the
following persons, in the order indicated:

1. Surviving grandparent;

2. Oldest brother or sister, over twenty-one (21) years of age, unless unfit or
disqualified;

3. Any collateral relative of the accused, over twenty-one (21) years of age,
and within the fourth civil degree of consanguinity or affinity of the minor
children; and

4. The Department of Social Welfare and Development.

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Sec. 5. Coordinating Body. - A coordinating body comprised of
representatives from the Department of Justice, the Bureau of Corrections, the
Department of Social Welfare and Development, and the Department of Health
shall be established, for purposes of implementing the provisions of this Act.
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 children of the
accused or for infants born to women already incarcerated in state
prisons; and

c. Establish programs designed to provide counseling, health and other
social services to the incarcerated parents and their children. Mothers’
and children’s (those under one (1) 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.

Sec. 6. Child-Friendly Visitation Programs. - The prison facilities shall
establish child-friendly visitation opportunities for solo parents and children. A
special visitation room for solo parents and children shall be provided for this
purpose.

Sec. 7. Independent Monitoring. - Frequent access to prisons shall be
granted to relevant institutions such as the Commission on Human Rights,
human rights non-governmental organizations, and international organizations.
The Coordinating Body shall assign persons to conduct independent monitoring

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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 solo parents and their children.

Sec. 8. Appropriations. - The amount necessary to carry out the
provisions of this Act is hereby authorized to be appropriated in the budget of
the Department of Social Welfare and Development and included in the General
Appropriations Act of the year following the enactment of this law and every year
thereafter.

Sec. 9. Separability Clause. - If any portion or provisions of this Act is
declared void and unconstitutional, the remaining portions or provisions hereof
shall not be affected by such declaration.

Sec. 10. Repealing Clause. - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

Sec. 11. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of general
circulation.

Approved,