HOUSE
Que.

> REPRESENTATIVES
zon City, Metro Manila

EIGHTEENTH CONGRESS

First Regular S¢

HOUSE BILL NO. peas)

Introduced by REP. ROMAN T. ROMULO
Lone District, Pasig City

ANACT
PENALIZING ANY PE.SON £ROVIDING OR POSSESSING
CONTRABAND AND TLiOSi WHO SHALL AID OR ABET THE
INTRODUCTION OF THE §4 Ee INSIDE ANY PRISON FACILITY
ADMINISTERED BY THi, DEPARTMENT OF JUSTICE, PROVIDING
PENALTIES THERES ORE AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Despite existin, suk iins orobibiiing the trade and possession of
contrabands in our d ilities, the menacing activity of
contraband hoarding and the seeming ineptitude of prison authorities to put an
end to this activity stil! p.ague oui penal syscem.

The series of ra‘cs com fucied hy the Department of Justice together with
the agents of the Netiona! Fr Cigation and the officers of the
Bureau of Corrections (PoC pine National Police, and the
Philippine Drug Enforcement /: that the New Bilibid Prison has
become a hub of continu In December 2014, authorities
uncovered a cache of high-p> reel f-earmy and cash in the felons’ quarters.
Conviets, particularly hieh-profil deel-rs, also enjoy some amenities of
private individuals like «conditioned rooms with TV sets, Wi-Fi,
refrigerators, Jacuzzis and sajna, hi-tech entertainment systems, concert
equipment, aquariums, bar and kitchen and back-up power generators. They
also sported pricey watches, hari wacs of cash in their pockets, as if they were
living in plush subdivisions the national penitentiary.

Another publicized mii «1 November of 2015 revealed similar results
wherein guns, bladed weap luxury tems, and substantial amounts of


money were found in the po amates. The most recent raid
conducted by the authorities proved that contrabands are still
rampant inside our national seri ‘ould then seem that the so-called
“OplanGalugad” of the BuCor bad not prevented the proliferation of these

contraband items inside our prisons.

The supposed heavy v's and policing, stringent inspection, and
eminent police presence insi‘e the sstional venitentiary proved not to deter the
temerity and boldness of inmotes in hoerding, using and generating lots of
money in contrabands

The seeming continued proliferation of contraband in prison is an

appalling show of contempt for ovr justice system, whose main purpose is to
reform and rehabilitate inm2 © ‘heir eveptual return to society. A convicted
criminal resists reformation win he is still exposed to the very objects that had
caused his incarcerstion. Inieec_‘ would be difficult for an inmate to feel
some remorse considering thai jie still has the comforts of home even when he
is behind bars,

This proposal, patterned »fter Tithe 13, Part I Chapter 87 of the U.S.
Code Series of 1791, aims to 1 2 stop to the shenanigans happening inside
our prison facility by p ¢ “hose who would provide, assist, aid or abet in
the introduction of ay -t or contraband inside a prison facility,
along with the inmate who makes, possesses or obtains or attempts to make or
obtain the same inside the prison facility; and imposing a stiff penalty for its
commission.

A stiff penalty 's 1 ‘ance in order to instill fear and
be an effective det © contemplating of doing this crime in the
future. More imporion said penaity applies as well to government
officials or employees who © .ra:e or co-opt with the inmate or other private

persons involved there i

Not only will the gover: ment official
penalty, they shal! livewiss ser the ad
absolute disqualificat’ or viding 2 cublic office and forfeiture of all
retirement benefits end al) accry credits. Thus, these people will have
to rethink of getting involved in the said erie or desist from doing it.

It is for this purpos: thet ‘be approval e* this bill is earnestly sought.

ROMAN T. ROMULO


HOUSE OF REPRESENTATIVES
Q C.cy, Metro Manila

TH CONGRESS
lar Session

HOUSE BILL NO. 3555

EP, ROMAN T. ROMULO
ot, Pasig City

AN ACT
* ©ROV DING OR POSSESSING
CONTRABAN ‘26 “VIG SUALL AID OR ABET THE
INTRODUCTION OF THF SAME INSIDE ANY PRISON FACILITY
ADMINISTERED BY THE DL PARTMENT OF JUSTICE, PROVIDING
PENALTIES THERETORE AND FOR OTHER PURPOSES

PENALIZI\

Be it enacted by the Senate and ihe House of Representatives of the Philippines
in Congress assembled. ,

SECTION 1. Tit/e. This ‘ct shall be known as the “Anti-Contraband in
Prison Act of 2019”.

SECTION 2. Declaration 2) Policy. ".2¢ maintenance of peace and order, the

protection of life, liberty 2nd prop»+y, «1° the promotion of the general welfare are
essential for the enjoyment by «! ise people of the blessings of democracy. To
implement this policy. the “ial 5 anated to enact laws aimed at achieving a just
and orderly society go vee! ations made applicable to all and not
just to a chosen few  Receni os»-ctions in ovr penal facilities including the New
Bilibid Prisons show tho! ¢ in our penal institutions continue
to enjoy the luxuries they ustomed 19 while they were outside the prison

compound. To remedy this se ineo: ity and to truly implement the thrust of one


of the five pillars of our justice ss, « mechanism for the effective implementation
of the goal of the said pillars i ¢. :lormation, should be instituted. Towards this end,
the State shall strictly moniior aod cgulate the ingress/egress of any person in any
prison facility and provide the sp) ropiate sanction to be imposed on any person
found to be violating the r.\cs 5. herein.

SECTION 3. Defiiition of Ferns. As used in this section:

(1) “Person” shall »ter .| persons and shall include private individuals
as well as government/p2blic official or employee in cahoots with the,
prisoner,

2) “Prison” means > corr-c'ional detention or penal facility or any prison,
institution, or *icility unde> the control and supervision of the Department
of Justice (DOJ) in which persons are held in custody for violation of law

or commission of a felon

(3) “Firearms” “Ammunition end “Explosive or Incendiary Device” shall
have the same meaning °s thet provided for in accordance with Republic
Act 10591. otherwise “mown as the “Comprehensive Firearms and
Ammunition Regulations Act” and Section 3 of Presidential Decree 1866
as amended by Rerublic Acts 8294 und 9516;

(4) “Dangerous Drugs” she\| have the same meaning as that provided for in
Republic Act 9/65. otherwise known as the “Comprehensive Dangerous
Drugs Act of 202° auc aii other illegal substances prohibited therein
including but not limited to Lestasy, Methamphetamine Hydrochloride or
Shabu and other Grugs producing similar effects;

(5) “Prohibited Object o° Contraband” means —


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(A) a firearm, incendiary device or dangerous drugs as defined herein;

(B) ammunition, weapon or an object

used as a wear
prison;

on,

(©)any alcoholic or int

hat is designed or intended to be ,
‘o facilitate the detained persons escape from

vating beverage;

(D) any money witeth2r Philippine or Foreign denominated currency;

() acell phone

pto

mputer. sccessories thereof, or any device used

for purposes of communicating with the outside world for commercial

purposes inchidin

determining their use

() luxury items s

@ any other object

any other obje

inside the »

ral jemmers to prevent the authorities from
of the aforementioned devices;
bur not lirnited to electronic devices, jewelry or
ch aature thet should otherwise not be found

totion; and

thre

‘ens the order, discipline, or security of a,

prison, or the |'fe health. or safety of an individual detained therein.

SECTION 4. Registration ®eqvirement All persons desiring to visit his/her

relative detained in any prison facility shall, before or during the actual visit, prepare

and accomplish before any >r'son

ficial in charze of manning the entrance of the

said facility a registration form which shall contain the following information:

(@) Full name and complete «

dress of the visitor who shall be accompanied by

any of the followine dociments. to wit
A Valid Idenuitication Card with photograph;

ih,
._ A Valid Passport

SI AWEAYWN

Driver’s License,
Social Security 5)

. Company Ider

centification Card;

Governmnt Service insurance System identification card;

. Voter's lientit

. Senior’s Citizer

vm

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9. School Identification

10. National ident

(b) Hishher relation:

(©) The things o: ob=

(d) Unless relate

the det

purpose of said visit

SECTION 5. Prohibited 4

prohibited acts shall be

ec

verson to be visited;

ts

5 bringing to the person to be visited; and

ed person or the latter’s counsel of record, the

Any person who commits any of the following
ance with the preceding section —

(A) In violation of any law or eny rules and regulations issued in relation

thereto or any -u
the penal facility.

n¢ ~egulations implemented by prison authorities of

provide

to an ins»ate of a prison any prohibited objects

or contraband, or attempts to do so; or

(B) Assists, aids or shets in the orocurement by an inmate of the prohibited
objects or conivabond ¢

ed herein: or

(©) Being an inmate of a prison makes, possesses or obtains, or attempts to
make or obtain 2 prolibiied object or contraband

SECTION 6. /
Registration Requirement
shall suffer the penalty 0!

iP
ny pe

yisions. (@) For Failure to Comply with the

fine of One Thousand Pesos (P 1,000).

(b) For violation of

Twenty Years and One Da:

n who shall commit a violation of Sec. 4 hereof

snging from one (1) day to five (5) days or a

The penalty of imprisonment ranging from
day) to Forty Years (40 years) and a fine of


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Ten Million Pesos (P10,(100,000.00) if the prohil'ted object or contraband involved is
covered by Section 3 (5)\(a)(b

If the prohibited objec contraband involved is other than the
abovementioned, the penelty <b l » years and one day (6 years, 1 day) to twelve
years (12 years) and ¢ fine of one mullion pesos (P1,000,000.00). These penalties
shall be served consecutively after the service of sentence imposed by the court on the

possession of the prohibited objce! or contreban

(©) For violation of Sec 5 2). The penalty of imprisonment ranging from
Twelve Years and One Way (12 yee, | day) to Twenty Years (20 years) and a fine of
Five Million Pesos (PS 000,000 00) if the prohibited object or contraband is covered

by Sec 3(5)(aX(b). Otherwise. the penalty shall be six years and one day (6 years, |

day) to twelve years (12 na She of one million pesos (P1,000,000.00)

(@) For violation of Sec § (°). The penalty of imprisonment ranging from
‘Twenty Years and One Day (20 years, 1 day) to Forty Years (40 years) and a fine of
Ten Million Pesos (P10,000,(100.000\ °f the prohibited object or contraband is covered

by Sec 3(5\(aXb). Otherwise, the penalty shall be six years and one day (6 years, 1
day) to twelve years (12 years) and a fine of one million pesos (P1,000,000.00) The
said penalty shall be in addition % the original penalty to which the inmate was
sentenced to serve.

If the offender is a public ofc
<i, wer the addivioral penalty of absolute perpetual
disqualification from holding pubic office and the forfeiture of all his retirement
benefits and accrued leave credits

| or employee, he shall, in addition to the
penalties herein provi:

SECTION 7. fesp'emwy ng Ruies and Regulations, Within sixty (60) days
D on with the Department of Interior
and Local Government (11. thie Bureau of Jeil Management and Penology (BJMP)

J in coordina:

from the approval of th


and the Bureau of Corrections (BuCor)
to implement its provisions

he necessary rules and regulations’

SECTION 8. Separability Clause. - If, for any reason, any provision or
section of this Act shal b= held i be unconstitutional or invalid, the other provisions
or sections hereof which re not af ected thereby shall continue to be in full force and
effect.

‘ct shall take effect fifteen (15) days after
the completion of its pvdlicaticn ‘y the Officiel Gazette or in at least two (2)
newspaper of general circulation

Adopted,