Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City, Metro Manila

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SEVENTEENTH CONGRESS ai
First Regular Session 2 BY:
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HOUSE BILL NO. 3797 .

Introduced by REP, TEDDY BRAWNER BAGUILAT JR

EXPLANATORY NOTE

The advancement of a national standard in the operational
management of all local jails, which include provincial jails, sub-
provincial jails, and district, city and municipal jails, is of
paramount importance to better uphold the basic and
constitutional rights of inmates who are detained/ serving their
sentence in such jail facilities. With such standard firmly
established and faithfully observed, there will be uniformity and
boosted efficiency in the implementation of the plans and programs
that are geared toward the more effective rehabilitation of inmates.

At present, Republic Act No. 6975 provides that "provincial
jails shall be supervised and controlled by the provincial
government within its jurisdiction’. Hence, under the said law, the
Bureau of Jail Management and Penology is not tasked with the
operational management, supervision and control of all the
existing provincial jails.

Toward the vision of establishing a national standard in the
operational management of all local jails, R.A. 6975 and R.A, 9263
are herein proposed to be amended such that the Bureau of Jail
Management and Penology shall now be tasked with the
supervision and control of all local jail facilities.

In addition to the rationale stated above, this Act likewise
offers the following advantages, to wi

1. There will be established a uniform and
standardized policy on the administration and
supervision of all local jails.

2. The administration and operation of all local
jails will be entrusted to the BUMP, which is a
specialized agency the mission of which is specifically
geared toward the safekeeping, reformation and
rehabilitation of inmates. Thus, the objectives of public
safety and institutional correction through jail

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RECEIVED


supervision and management could be better attained
through this Act.

3, The provincial government will be unburdened
with the task of supervising and maintaining a jail
facility resulting to its being able to devote its focus to
its more pressing responsibilities.

4. This Act will promote the professionalization of
all jail personnel, which will now include the provincial
jail guards.

It is therefore requested that this measure be approved.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTHCONGRESS
First Regular Session

HOUSE BILL NO. 3797

Introduced by REP. TEDDY BRAWNER BAGUILAT JR

AN ACT
INTEGRATING ALL THE PROVINCIAL AND SUB-PROVINCIAL JAILS
WITHIN THE JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT
AND PENOLOGY AMENDING FOR THAT PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 6975 AND
REPUBLIC ACT NO. 9263

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

SECTION 1. This Act shall be known as “An Act Integrating All the
Provincial and Sub-Provincial Jails within the Jurisdiction of the Bureau of Jail
Management and Penology.”

SECTION 2. Section 61 of Republic Act Number 6975, otherwise
known as the Department of the Interior and Local Government Act of 1990
is hereby amended to read as follows:

“Section 61. POWERS AND FUNCTIONS. ~ The Jail Bureau
shall exercise supervision and control over ail PROVINCIAL,
SUB-PROVINCIAL, 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]”

Section 3. Section 62 of the same act is hereby amended to read as
follows:

Section 62. Organization -
Bo. 6.4

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

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Section 4. 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 shall be
established and maintained in every PROVINCE, district, city
and municipality a secured, clean adequately equipped and
sanitary jail for the custody and safekeeping of PROVINCIAL,
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.

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SECTION 5. The management, supervision and control of provincial
and sub-provincial jails, including all its property, equipment, and finances,
are hereby transferred to the Bureau of Jail Management and Penology (BUMP).

Provided, however, that a three (3) year transition period is hereby
established, to commence from the date of the effectivity of this act. During the
transition period, the Provincial Government shall subsidize the subsistence
allowance of inmates and the maintenance of the jail facility, including, but not
limited to electric and water expenses and necessary repairs.

The transfer, and/ or absorption of the functions,
appropriations, funds, records, equipment, facilities, choses in action,
rights, and other assets of Provincial and Sub-Provincial Jails to/by the
BJMP shall be without prejudice to the provisions of R.A. 7160 that are not
otherwise inconsistent with this Act.

All personnel of Provincial and Sub-Provincial Jails, unless removed for
cause, may be absorbed by the BUMP, provided, that such guidelines must be
consistent with the provisions of Republic Act No. 9263 and its Implementing
Rules and Regulations.

‘The Chief of the Bureau of Jail Management and Penology shall, within
six (6) months from the effectivity of this Act, recommend the
organizational structure and staffing pattern of the assumed provincial and sub-
provincial jails.

SECTION 6. The Local Government of the Province shall be a partner of
the BUMP in the rehabilitation of the inmates in the provincial jails. For this
purpose, the Sanggunian Panlalawigan of each province shall provide for the
maintenance and improvement of jails and detention centers and shall
appropriate funds to supplement subsistence of detainees and convicted
prisoners in the province.

SECTION 7. The Provincial and Sub-provincial Jail Warden shallhave
the rank of Superintendent; provided that if the jail population is one thousand

(1,000) or more inmates, the Warden shall have the rank of
Superintendent. He/she must be a graduate of Bachelor of Laws or a holder


of a master's degree in management, public administration, public safety,
criminology, penology, sociology, national security administration,
defense studies or other related discipline from a recognized institution of
learning, and must satisfactorily pass the necessary training or career courses
for such position as may be established by the law.

SECTION 8. A Special Oversight Committee, composed of the
Secretary of the Interior and Local Government as Chairman, the Secretary of
the Department of Budget and Management as Co-Chairman, and the Chairman
of the Civil Service Commission, the President of League of Provinces and the
Chief of the Bureau of Jail Management and Penology, as members, is
hereby created to oversce the expeditious transfer and absorption into the
Bureau of Jail Management and Penology of all personnel, property,
appropriations and installations of the provincial and sub-provincial
jails.

SECTION 9. Within ninety (90) days from the effectivity of this Act, the
Oversight Committee shall promulgate the rules and regulations necessary to
ensure the effective implementation of this Act.

SECTION 10. Should any part, section or provision of this Act be
declared invalid or unconstitutional, the other parts, sections or provisions
thereof shall remain valid and effective.

SECTION 11. All laws, orders, rules or regulations which are inconsistent
with or contrary to the provisions of this Act are hereby amended or
repealed accordingly.

SECTION 12. This Act shall take effect fifteen (15) days after the
completion of its publication in at least two (2) newspapers of general
circulation.

APPROVED.