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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19 CONGRESS
First Regular Session

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Wo inpek

HOUSE BILL NO. 4061

Introduced by. REP. ARJO ATAYDE

AN ACT
PENALIZING ANY PERSON PROVIDING OR POSSESSING CONTRABAND AND
THOSE WHO SHALL AID OR ABET THE INTRODUCTION OF THE SAME INSIDE
ANY PRISON FACILITY ADMINISTERED BY THE DEPARTMENT OF JUSTICE,
PROVIDING PENALTIES THEREFORE AND FOR OTHER PURPOSES

Despite existing regulations prohibiting the trade and possession of
contrabands in our different correctional facilities, the menacing activity of contraband
hoarding and the seeming ineptitude of prison authorities to put an end to this activity
still plague our penal system.

The series of raids conducted by the Department of Justice together with the
agents of the National Bureau of Investigation and the officers of the Bureau of
Corrections (BuCor), the Philippine National Police, and the Philippine Drug
Enforcement Agency (PDEA) proved that the New Bilibid Prison has become a hub of
continuing criminality. In December 2014, authorities uncovered a cache of high-
powered firearms and cash in the felons’ quarters. Convicts, particularly high-profile
drug dealers, also enjoy some amenities of private individuals like air-conditioned
rooms with TV sets, Wi-Fi, refrigerators, Jacuzzis and sauna, hi-tech entertainment
systems, concert equipment, aquariums, bar and kitchen, and back-up power
generators. They also sported pricey watches, had wads of cash in their pockets, as
if they were living in plush subdivisions and not in the national penitentiary.

Another publicized raid in November of 2015 revealed similar results wherein
guns, bladed weapons, luxury items, and substantial amounts of money were found in
the possession of inmates. The most recent raid conducted by the authorities last May

REPRESS.

DATE August 24, 2022
* TIME 3:46pm
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still proved that contrabands are still rampant inside our national penitentiary. It would
then seem that the so-called “OplanGalugad” of the BuCor had not prevented the
proliferation of these contraband items inside our prisons.

The supposed heavy constraints and policing, stringent inspection, and
eminent police presence inside the national penitentiary proved not to deter the
temerity and boldness of inmates in hoarding, using and generating lots of money in
contrabands.

The seeming continued proliferation of contraband in prison is an appalling
show of contempt for our justice system, whose main purpose is to reform and
rehabilitate inmates for their eventual return to society. A convicted criminal resists
reformation when he is still exposed to the very objects that had caused his
incarceration. Indeed, it would be difficult for an inmate to feel some remorse
considering that he stil has the comforts of home even when he is behind bars.

This proposal, patterned after Title 18, Part | Chapter 87 of the U.S. Code Series
of 1791, aims to put a stop to the shenanigans happening inside our prison facility by
penalizing those who would provide, assist, aid or abet in the introduction of any
prohibited object 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 is required in this circumstance in order to instill fear and be an
effective deterrence to those contemplating doing this crime in the future. More
importantly, the said penalty applies as well to government officials or employees who
cooperate or co-opt with the inmate or other private persons involved therein.

Not only will the government officials and employees suffer the same penalty,
but they shall likewise suffer the additional punishment of perpetual absolute
disqualification from holding a public office and forfeiture of all retirement benefits and
all accrued leave credits. Thus, these people will have to rethink getting involved in
the said crime or desist from doing it,


itis for this purpose that the approval of this bill is earnestly sought.

REP. ARJO ATAYDE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19 CONGRESS
First Regular Session

HOUSE BILL NO. _ 4061

Introduced by. REP. ARJO ATAYDE

AN ACT
PENALIZING ANY PERSON PROVIDING OR POSSESSING CONTRABAND AND
THOSE WHO SHALL AID OR ABET THE INTRODUCTION OF THE SAME INSIDE
ANY PRISON FACILITY ADMINISTERED BY THE DEPARTMENT OF JUSTICE,
PROVIDING PENALTIES THEREFORE AND FOR OTHER PURPOSES

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 the “Anti-Contraband in Prison
Act”.

SEC. 2. Declaration of Policy. The maintenance of peace and order, the
protection of life, liberty and property, and the promotion of general welfare are
essential for the enjoyment by all the people of the blessings of democracy. To
implement this policy, the State shall enact laws aimed at achieving a just and orderly
society governed by rules and regulations made applicable to all persons deprived of
liberty and not just to a chosen few. To remedy this seeming inequity and to truly
implement reformation in our correctional facilities, a mechanism for the effective
implementation of the goal of reformation shall be instituted.

Towards this end, the State shall strictly monitor and regulate the
ingress/egress of any person in any prison facility and provide the appropriate sanction
to be imposed on any person found to be violating the rules set forth herein.

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SEC. 3. Definition of Terms. As used in this section:

1) ‘Prison’ means a correctional, detention or penal facility or any prison,
institution, or facility under the control and supervision of the Department
of Justice (DO4J) in which persons are held in custody for violation of law
or commission of a felony;

2) “Firearms” “Ammunition” and ‘Explosive or Incendiary Device” shall
have the same meaning as that provided for in accordance with Republic
Act 10591, otherwise known as the “Comprehensive Firearms and
Ammunition Regulations Act” and Section 3 of Presidential Decree 1866
as amended by Republic Acts 8294 and 9516;

3) “Dangerous Drugs’ shall have the same meaning as that provided for in

Republic Act 9165, otherwise known as the ‘Comprehensive Dangerous
Drugs Act of 2002" and alll other illegal substances prohibited therein
including but not limited to Ecstasy, Methamphetamine Hydrochloride or
Shabu and other drugs producing similar effects;

4) “Prohibited Object or Contraband” means ~

a. a firearm, incendiary device or dangerous drugs as defined
herein;

b. ammunition, weapon or an object that is designed or intended to
be used as a weapon or to facilitate the detained persons escape
from prison;

c. any alcoholic or intoxicating beverage;

d. any money whether Philippine or Foreign denominated currency;

e. cell phone, personal computers and accessories thereof, or any
device used for purposes of communicating with the outside world
for commercial purposes including signal jammers to prevent the
authorities from determining their use of the aforementioned
devices;

f. luxury items such as, but not limited to, electronic devices, jewelry
or any other objects of such nature that should otherwise not be
found inside the penal institution; and


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g. any other object that threatens the order, discipline, or security of
a prison, or the life, health, or safety of an individual detained
therein

SEC. 4. Registration Requirement. 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 prison official in charge of manning the entrance of the said
facility a registration form which shall contain the following information:

1) Fullname and complete address of the visitor who shall be accompanied
by any of the following documents, to wit
a. Any government-issued identification card with photograph;
b. Workplace Identification Card; or
¢. School Identification Card.
2) His/her relationship to the person to be visited;
3) The things or objects he/she is bringing to the person to be visited; and
4) Unless related to the detained person or the latter's counsel of record,
the purpose of said visit.

SEC. 5. Prohibited Acts. Any person who commits any of the following
prohibited acts shall be punished in accordance with the preceding section —

1) In violation of any law or any rules and regulations issued in relation
thereto or any rules and regulations implemented by prison authorities
of the penal facility, provides to an inmate of a prison any prohibited
objects or contraband, or attempts to do so; or

2) Assists, aids or abets in the procurement by an inmate of the prohibited
objects or contraband defined herein; or

3) Being an inmate of a prison makes, possesses or obtains, or attempts
to make or obtain a prohibited object or contraband

SEC. 6. Penal Provisions.

1) For Failure to Comply with the Registration Requirement: Any person
who shall commit a violation of Sec. 4 hereof shall suffer the penalty of


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2)

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imprisonment ranging from one (1) day to five (5) days or a fine of One
Thousand Pesos (P1,000);

For violation of Sec 5 (A). 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 (P10,000,000.00) if the prohibited object
or contraband involved is covered by Section 3 (5)(a)(b).

If the prohibited object or contraband involved is other than the
abovementioned, 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). These penalties shall be served consecutively after
the service of sentence imposed by the court on the possession of the
prohibited object or contraband.

For violation of Sec 5 (B). The penalty of imprisonment ranging from
Twelve Years and One Day (12 years, 1 day) to Twenty Years (20 years)
and a fine of Five Million Pesos (P5,000,000.00) if the prohibited object
or contraband is covered by Sec 3(5)(a)(b). 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)

For violation of Sec 5 (C). 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 (P10,000,000.00) if the prohibited object
or contraband is covered by Sec 3(5)(a)(b). 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 to the original penalty to which the inmate was sentenced to
serve.

If the offender is a public official or employee, he shall, in
addition to the penalties herein provided, suffer the additional penalty of
absolute perpetual disqualification from holding public office and the
forfeiture of all his retirement benefits and accrued leave credits.

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SEC. 7. Implementing Rules and Regulations. Within sixty (60) days from the
approval of this Act, the DOJ in coordination with the Department of Interior and Local
Government (DILG), the Bureau of Jail Management and Penology (BJMP) and the
Bureau of Corrections (BuCor) shall issue the necessary rules and regulations to
implement its provisions.

SEC. 8. Separability Clause. - Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act not affected shall continue to be
in effect and subsisting.

SEC. 9. Repealing Clause. - The provisions of other laws, decrees, executive
orders, rules and regulations inconsistent with this Act are hereby repealed, amended
or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation

Approved