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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senate President Manny Villar 
EXPLANATORY NOTE 
Motherhood is the most desired aspect of womanhood. Thus, 
the State ought to protect the life of the mother and the life of the 
unborn from conception. 
Therefore, mother and child 'bonding 
commences with the cutting of the umbilical cord. Parents are thus 
encouraged to spend quality time with their children particularly 
during infant years to ensure the child's physical, mental and 
emotional development. Moreover, studies on child development 
strengthened the fact that bonding between mother and child is 
crucial in all phases of his development. However, unfortunate 
incidents such as incarceration of the mother in penal institutions 
cause forced separation of the mother and child as society strongly 
criticizes the idea of letting female inmates keep newborns with 
them behind bars because it is widely believed that prison is not a 
safe place to raise children and the prison facilities could not 
enhance a child's life. Contrary to the general belief that a newborn 
should not be joined with the mother in prison four (4) States in the 
United States, namely: Ohio, New York, Nebraska and Washington. 
have already opened prison nurseries. They observed that out of a 
dozen women who nursed children behind bars, none has returned 
to prison and that motherhood became a tool that keep women 
prisoners from committing more crimes. 
This bill, therefore, seeks to establish the Correctional 
Nursery Program that shall provide prison nurseries with child care 
facilities for infants less than one (1) year of age in all Correctional 
Institutions for Women and provincial, city and municipal jails. Its 
main purpose is to promote the bonding of mother and child even 
when the mother is inside the prison cell, thus, enhance the 
reformation and rehabilitation of female inmates as various 
counseling activities are integrated in the Program. To ensure the 
safety of the child, inmates are screened for their eligibility to the 
Program, They shall be required to sign a written agreement 
detailing the rules and regulations for their compliance. 
Considering that a mother's love and care play a vital part in 
the child's character, nature and disposition and in order to achieve 


fast and effective reformation and rehabilitation of female inmates 
that shall bring them back into the mainstream of society, a 
Correctional Nursery Program need to be established to allow them 
to keep their babies with them instead of entrusting them to 
relatives and government institutions. 
Hence, prison nurseries 
shall benefit the mother, the child and society as a whole. 
In view of the foregoing, early passage of this bill is earnestly 
sought. 
MANN VIL AR 
Senate p" 
Presi ent 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
1 
First Regular Session 
1 
OF THE PHILIPPINES 
S E N A T E  :*; 
i ) C g  , I  
Introduced by Senate President Manny Villar 
AN ACT 
ESTABLISHING 
A 
CORRECTIONAL 
NURSERY 
PROGRAM 
IN 
ALL 
CORRECTIONAL INSTITUTIONS FOR WOMEN, APPROPRIATING FUNDS 
THEREFOR 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 
“Correctional Nursery Act of 2008”. 
SEC. 2. Statement of Policy. - I t  is hereby declared the policy of the 
State to protect and promote the right to health and well-being of its people 
and ensure that their best interest is paramount in the formulation of its 
programs and policies. Towards this end, there is a need to provide and 
establish a Correctional Nursery Center for infants born from inmates in all 
Correctional Institutions for Women and female inmates at the provincial, city 
and municipal jails in the country. 
SEC. 3. The Correctional Nursery Program. - There 
shall be 
established a Correctional Nursery Program, hereinafter referred to as the 
Program, administered and managed by the Bureau of Jail Management and 
Penology (BJMP) and the Bureau of Corrections to enable physically and 
psychologically fit inmates in all correctional institutions for women, including 
provincial, city and municipal jails in the country to keep their infants with 
them during incarceration until one (1) year of age. It shall likewise provide 
arrangements 
for 
incarcerated 
pregnant 
women 
with 
childbirth 
accommodations and medical care outside the correctional or prison facilities. 


SEC. 4. Purposes of the Program. - The Correctional Nursery Program 
shall have the following purposes: 
a) Establish an Infant Care Center or 
correctional facility; 
nursery at a medium security 
b) Keep inmates from committing crimes while in custody through 
involvement in the various activities of the Program; 
c) Provide drug counseling services to those identified as substance 
abusers and educate incarcerated mothers on parenting skills and 
family relations; 
d) Evaluate, monitor and treat infants born to mothers with histories of 
substance abuse; and 
e) Increase the likelihood that released participants of the Program shall 
lead peaceful, productive and drug-free lives, thus, reduce recidivism. 
SEC. 5. 
Infant Care Center. - 
The Program shall include the 
establishment and operation of an Infant Care Center within the premises of 
the Correctional Institution for Women and the provincial, city and municipal 
jails to take charge in the care of the infants during the incarcerated mother’s 
absence. Provided, however, That upon reaching the age of one (l), the child 
shall be removed from the Infant Care Center and the Superintendent of the 
Correctional Institution for Women shall make arrangements for the child to be 
delivered to the proper persons or institutions for his/her custody. 
SEC. 6. Eligibility Requirements and Terms of Participation. - To 
be eligible to the benefits under this Act, incarcerated women must have the 
following qualifications: 
a) 
Pregnant or has a child less than one 11) year old at the time she is 
delivered into the custody of the Correctional Institution for Women; 
Gives birth on or after the implementation of the Program; 
PhysicaIIy and mentally fit and must not have a violent record; 
b) 
c) 
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d) 
Execute a written agreement to abide with the following: 
1) Comply with any educational, counseling or other requirements 
established for the Program by the Correctional Institution for 
Women: 
2) Accept the normal risks of child bearing; 
3) Abide by any court decisions with respect to parental rights and 
responsibilities on the child; 
4) Assign to the Correctional Institution for Women her right to 
support from any other person; and 
5) Specify with whom the child is to be placed in the event of her 
termination from the Program by reason other than release from 
imprisonment; and 
e) 
SEC. 7. Birth and Care of Infants of Eligible Inmates. - Within a 
reasonable time before the anticipated birth of the child, the Superintendent of 
the Correctional Institution for Women and the Warden of the Provincial, City 
and Municipal Jails shall cause the mother-inmate to be removed. from the 
correctional facilities and jail premises, as the case may be, shall be provided 
with accommodations and medical 
care outside the institution, under the 
strict supervision and security to prevent her escape from custody. 
Other internal regulations imposed by the correctional institution. 
SEC. 
8. Termination from the 
Program. - The eligible detainee 
described under Section 6 hereof may be terminated from the Program on the 
following grounds: 
a) 
Failure to comply with the written agreement under Section 6 (d) 
hereof; 
The inmate’s child becomes seriously ill, failure of the mother to 
meet the medical criteria established by the institution for the 
b) 
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Program, 
record; 
Court order granting custody of the child to a person other than the 
inmate; 
Court order granting shared parenting of the child; 
Court order granting temporary, permanent or legal custody of the 
child to a person other than the inmate or to the Department of 
Social Welfare and Development (DSWD); and 
Mother-inmate is released from imprisonment. 
cannot safely participate in the Program or has a violent 
SEC. 9. 
Correctional 
Nursery Center Fund. 
In addition to the 
appropriations provided for under this Act, the Director of the Bureau of Jail 
Management and Penology (BJMP) is hereby authorized to accept grants, gifts 
and other monetary donations from nongovernment or civic organizations and 
private individuals to defray the necessary expenses incurred by or for the 
mother in connection with her confinement or other related expenses during 
her pregnancy. The Fund shall likewise be utilized for financial assistance to 
the mother-participants upon their release. 
SEC. 10. Appropriations. - The amount necessary to carry out. the 
provisions of this Act shall be included in the General Appropriations Act of the 
year following its enactment into law and thereafter. An initial amount of Fifty 
Million (P50-M) Pesos shall be allocated for the first year of its implementation. 
SEC. 11. Implementing Rules and Regulations. - The Bureau of Jail 
Management and Penology (BJMP), in coordination with the Correctional 
Institution for Women, the Department of Justice (DOJ), the Department of 
Health (DOH) and the Department of Social Welfare and Development (DSWD) 
shall, within thirty (30) days from the effectivity of this Act, issue such rules 
and regulations necessary for the proper implementation of the provisions of 
this Act. 
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SEC. 12. Repealing Clause. - All laws, rules and regulations or parts 
thereof, inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SEC. 13. Separability Clause. - If any part, section or provision of this 
Act shall be held invalid or 
unconstitutional, no other part, section or 
provisions thereof shall be affected thereby. 
SEC. 14. Effectivity. - This Act shall take effect after fifteen (15) days 
(2) newspapers of general 
following its complete publication in at least two 
circulation. 
Approved, 
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