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EIGHTEENTH CONGRESS

Second Regular Session

House Bill No. egy

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Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Deprivation of liberty does not only affect the individual. It also has effects on the
people in his/her life. The consequences are more apparent for incarcerated solo
parents and their young children. There is a tendency for children with incarcerated
parents to live with inadequate parental support that may affect their character
development and make them vulnerable to other risks.

This bill recognizes such a complicated situation for both single mothers and fathers
deprived of liberty. As such, this measure provides for the establishment of
programs that would assist incarcerated parents in performing their parental
responsibilities and lessen the negative consequences of separation. These include
the provision of health and social care for incarcerated parents and their children,
child-friendly visitation mechanisms, and proper placement of affected children. In
general, this bill reinforces the acknowledgment of the rights of persons deprived of

liberty.

Given the foregoing, urgent approval of this bill is earnestly sought.



MANUEL DG./CABOCHAN IIT
Representative
Magdalo Para Sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8327

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR
CHILDREN

Be it enacted by the Senate and the House of Representatives of the Philippine in
Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Parents in Jail Act.”

Sec. 2. Declaration of Policy It is hereby declared the policy of the State

that:

(1) The State shall defend the rights of children to special protection from all
forms of neglect and other conditions prejudicial to their development;

(2) The State recognizes that all persons deprived of their liberty shall be
treated humanely and shall enjoy all the rights guaranteed to free
persons, subject to the restrictions that are unavoidable in a closed
environment;

(3) The State shall promote stable and solid relationships between children
and parents, who are their primary caregivers and support incarcerated
parents to develop and maintain their relationship with their children; and

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(4) The State shall assure the right of the child to express his views freely in
matters affecting him, the views of the child being given due weight under
his age and maturity.

Sec. 3. Apprising Incarcerated Parents of Their Parental Rights.- In cases
involving incarcerated parents, the court must give an appropriate warning of the
special consequences concerning the parental rights of the accused that may result
from a plea of guilty or conviction, especially the loss of parental authority.

Sec. 4, Placement and Guardianship Options. After arraignment and upon a
plea of guilty, the court shall inquire the accused if the latter has any minor children
and in whose custody the minor children are. If the accused has minor children, the
court shall motu proprio direct a social worker or a representative of the Department
of Social Welfare and Development, to confer with the accused to discuss various
options available to the latter, concerning the care and custody of his or her minor
children. A compliance report, duly signed by the accused, shall thereafter be
submitted to the court, attesting that options have been discussed and the selected
option, if any.

Should the accused be unable to place his minor children under the care of a
responsible adult, the minor children shall be placed under the care of the following
persons, in the order indicated:

(1) Surviving grandparent;

(2) Oldest brother or sister, over twenty-one (21) years of age, unless unfit or

disqualified;

(3) Any collateral relative of the accused, over twenty-one (21) years of age,
and within the fourth civil degree of consanguinity or affinity of the minor
children; and

(4) The Department of Social Welfare and Development.

Sec, 5. Coordinating Body.— A coordinating body comprised of representatives
from the Department of Justice, the Bureau of Corrections, the Department of Social

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Welfare and Development, and the Department of Health shall be established, to
implement the provisions of this Act. Such body shall:

(1)Formulate the necessary rules and regulations for the effective
implementation of this Act;

(2)Provide for specific procedures for the placement of children of the
accused or infants born to women already incarcerated in state prisons;
and

(3)Establish programs designed to provide counseling, health, and other
social services to the incarcerated parents and their children. Mothers’ and
children’s (those under one (1) year old and still playing with their mother)
access to health care services and medicines, including reproductive
health care and medical attention, gynecological and pediatric services
shall be assured by the institution where parent and child are detained.

Sec. 6. Child-Friendly Visitation Programs.— The prison facilities shall establish
child-friendly visitation opportunities for solo parents and children. A special
visitation room for solo parents and children shall be provided for this purpose.

Sec. 7. Independent Monitoring. Frequent access to prisons shall be granted
to relevant institutions such as the Commission on Human Rights, human rights non-
governmental organizations, and international organizations. The Coordinating Body
shall assign persons to conduct independent monitoring of the various prison
facilities, Such persons conducting monitoring tasks shall be allowed to make
periodic and unannounced visits to the premises and speak in private with
imprisoned solo parents and their children.

Sec. 8. Appropriations.— The amount necessary to carry out the provisions of
this Act is hereby authorized to be appropriated in the budget of the Department of
Social Welfare and Development and included in the General Appropriations Act of
the year following the enactment of this law and every year thereafter.


Sec. 9. Separability Clause.— If any portion or provisions of this Act is declared
void and unconstitutional, the remaining portions or provisions hereof shall not be
affected by such declaration.

Sec. 10. Repealing Clause.— All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are

hereby repealed and modified accordingly.

Sec. 11. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in any national newspaper of general circulation.

Approved,