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

SIXTEENTH CONGRESS

Regular Session

House Bill No 8907

Introduced by Rep. EVELIO R. LEONARDIA

EXPLANATORY NOTE

In the Philippines, incarcerated persons commonly suffer inhumane
conditions in prisons and detention facilities, the latter being too crowded,
unsanitary, and unsafe. Rates of malnutrition and death among prisoners
and detainees steadily rise with the miserable state of our prison conditions.
Basic rights are being neglected and withheld leading to the debasement of the
dignity of the human person

Prisons are high-risk environments for the transmission and spread of
diseases and the poor conditions of these facilities create grave risks to
communities in which released prisoners later on inhabit.

The dismal condition of prisons and detention facilities are mostly due to
severe overcrowding, such installations being filled to capacity many times
over. The sorry state of our prisons are also due to the inadequate provision of
food and water supply, a lack of access to sanitary products and health care,
and even arbitrary placement of different-aged prisoners.

This bill seeks to ensure that prisons and detention facilities are provided
the most rudimentary sanitation and health care services and that prison
spaces are not crammed.

This issue will be addressed by a coordinated implementing and
monitoring body led by the Local Government Units (LGUs), the Department of
Interior and Local Government (DILG), the Department of Health (DOH) and
the Bureau of Jail Management and Penology (BUMP).

In view of the foregoing, passage of this bill is earnestl ught.
REP. EVELIO EONARDIA
Lone District, Bacolod City



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

SIXTEENTH CONGRESS
Regular Session

6507

House Bill No..

Introduced by Rep. EVELIO R. LEONARDIA

AN ACT
TO IMPROVE CONDITIONS IN PRISONS AND OTHER DETENTION
FACILITIES, 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 “Prison
Conditions Improvement Act of 2016.”

SECTION 2. Declaration of State Policy. It is a policy of the State to
promote and protect the right to health, safety and dignity of every individual. In
this light, it is incumbent upon the State to eliminate inhumane conditions in
prisons and other detention facilities to uphold the rule of law and enhance the
health and well-being of prisoners to aid in their rectification

SECTION 3. Criteria. With respect to the operation or maintenance of
prisons and other detention facilities, it is hereby mandated that all prisons and
detention facilities must comply with the following standards:

A) The number of inmates or detainees held in a facility does not
exceed the allowable prison capacity. Per capita floor area must allow
for humane sleeping conditions and reasonable physical movement.

B) Human waste facilities are sanitary and accessible, and
human waste is disposed of regularly and in appropriate places.

C)The lighting, ventilation, temperature, and physical
construction of prisons and other detention facilities do not jeopardize
the health and safety of prisoners and detainees.

D) Prisoners and other detainees are provided decent and
adequate food and potable drinking water.

E) Prisoners and other detainees are provided essential and


emergency medical care and health services.

F) Prisoners and other detainees are allowed to practice their
respective religions to a reasonable extent. They may be allowed
contact with clergy, family, and friends, through correspondence and
personal visits.

SECTION 4. Report to Congress.

A) In General. Not later than 180 days after the date of the enactment of
this Act, and every year thereafter for a six-year period, the Secretary of
Interior and Local Government together with the Secretary of Health shall
submit to the appropriate congressional committees a joint report describing
the conditions in prisons and other detention facilities in the country.

B) Content. The report required under subparagraph (A) shall describe the
conditions that raise humanitarian concerns, including—

(i) a detailed and up to date review of the primary indicators set forth
in Section 4;

(ii) an identification of prisons and facilities that do not meet one or more of
the primary indicators for the elimination of inhumane conditions in prisons and
other detention facilities but are making significant efforts to comply;

(iii) an identification of prisons and facilities that do not meet one or more of
the primary indicators and are not making significant efforts to comply; and

(iv) the steps being taken by the Bureau of Jail Management and Penology
(BJMP) to improve conditions in prisons and other detention facilities.

SECTION 5. Implementing and Monitoring Agency. The Department of
Interior and Local Government (DILG) in coordination with local government
units (LGUs), the Department of Health (DOH) and the Bureau of Jail
Management and Penology (BJMP) shall issue the necessary rules and
regulations for the effective implementation of this Act within sixty (60) days
after its effectivity. They shall also conduct regular evaluation on the
implementation of this Act.

SECTION 6. Appropriations. Appropriations needed for the
implementation of this Act shall be derived from the Internal Revenue
Allotment (IRA) of the LGUs and from sources provided by the Department of
Interior and Local Government (DILG) and other government agencies.

SECTION 7. Repealing Clause. All laws, decrees, executive orders,
presidential issuances, rules and regulations, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SECTION 8. Separability Clause. If any provision of this Act is declared


unconstitutional or otherwise invalid, the validity of the other provisions shall
not be affected thereof.

SECTION 9. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.