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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL NO.

Introduced by Representatives Pantaleon D. Alvarez, Rodolfo C. Farifias,
Danilo E. Suarez and Raul A. Daza

EXPLANATORY NOTE

This bill seeks to transfer to the Bureau of Jail Management and Penology
(BJMP) the authority to exercise supervision and control over provincial jails.

During the Fifteenth and Sixteenth Congresses, bills have been filed to
transfer the supervision and control of provincial jails to the BJMP. It has been
proposed that the policies and programs of BJMP should be implemented in
provincial jails. Further, the professionalization of jail personnel under
Republic Act No. 9263, otherwise known as the “Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004,”
should likewise be made applicable to provincial jails. The failure to implement
the sound policies and programs of the BJMP is simply because provincial jails
are under the supervision and control of provincial governments and not of the
BJMP. This problem may easily be resolved by transferring the supervision and
control of provincial jails to BJMP.

Public safety and institutional correction through jail supervision and
management are best addressed by BJMP for the following reasons, among
others:

1. The BJMP is the only government agency mandated to direct,
supervise and control the administration and operation of local jails;

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2. The BJMP specializes in the safekeeping, reformation and
rehabilitation of inmates; and

3. The BJMP personnel are professionals equipped with proper education
and training in the administration and operation of local jails.

The transfer of supervision and control of provincial jails to BJMP will
ensure that there will be a uniform and standard policy on the administration
and supervision of all local jails in the country. It will also enable the provincial
governments to devote their time and resources in addressing more pressing
issues and problems instead of supervising provincial jails.

Corollary to the proposed transfer, the bill also proposes the revision of
the organizational structure and staffing pattern of the BJMP to include the
necessary manpower to operate provincial jails. The incumbent personnel of
provincial jails shall continue to perform their duties and responsibilities until
such time that qualified personnel are assigned and appointed based on the
revised staffing pattern. The incumbent personnel, however, may be absorbed
by the BJMP if they possess the necessary qualifications.

In view of the foregoing, passage of this bill is earnestly sought.

RODOLFO ©. FARINAS
Majority Leader

DANILO E. SUAREZ
Minority Leader

1™ District, Northern Samar


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL No._ 6976

Introduced by Representatives Pantaleon D. Alvarez, Rodolfo C. Fariiias,
Danilo E. Suarez and Raul A. Daza

AN ACT
TRANSFERRING TO THE BUREAU OF JAIL MANAGEMENT AND
PENOLOGY THE AUTHORITY TO EXERCISE SUPERVISION AND
CONTROL OVER PROVINCIAL JAILS AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. The Bureau of Jail Management and Penology shall
exercise supervision and control over provincial jails. For this purpose the
current supervision and control of provincial jails by provincial governments are
hereby transferred to the Bureau of Jail Management and Penology. Each
provincial jail shall be headed by a provincial jail warden with a rank of
superintendent who 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 disciplines from a recognized institution of learning, and
must have satisfactorily passed the necessary training or career courses for
superintendent position as may be established by the Bureau of Jail
Management and Penology.

A provincial jail warden shall be appointed by the Chief of the Jail
Bureau and the appointment must be attested to by the Civil Service
Commission.

SEC. 2. Within six (6) months from the effectivity of this Act, the
Secretary of the Interior and Local Government and the Secretary of Budget and
Management shall revise the organizational structure and staffing pattern of the
Bureau of Jail Management and Penology to include the necessary manpower to
operate provincial jails.

SEC. 3. All the existing provincial jail facilities, equipment, records,
rights, liabilities and other assets pertaining to provincial jails of every
provincial government are hereby transferred to the Bureau of Jail Management
and Penology.

The incumbent personnel of provincial jails shall continue to perform
their duties and responsibilities in a holdover capacity until such time that
qualified personnel are, based on the staffing pattern, assigned and appointed.
The qualified incumbent personnel of provincial jails may be absorbed by the

Bureau of Jail Management and Penology without loss of seniority.


Any personnel who are not absorbed by the Bureau of Jail Management
and Penology shall be given preference in the filling-up of vacancies in the
provincial government or shall be allowed to retire under existing laws, rules
and regulations.

SEC. 4. The amount necessary for the initial implementation of this Act
shall be sourced from the current appropriations of the Bureau of Jail
Management and Penology. Thereafter, such sums as may be necessary for the
continued implementation of this Act must be included in the General
Appropriations Act.

SEC. 5. Within ninety (90) days from the approval of this Act, the
Secretary of the Interior and Local Government, in coordination with the Chief
of the Bureau of Jail Management and Penology and the President of League of
Provinces, shall promulgate the rules and regulations implementing the
provisions of this Act. The implementing rules and regulations issued pursuant
to this section shall take effect thirty (30) days after its publication in two (2)
newspapers of general circulation.

SEC. 6. Sections 61, 62 and 63 of Republic Act No. 6975, as amended,
otherwise known the “Department of the Interior and Local Government Act of
1990,” and Section 17(b)(3)(vi) of Republic Act No. 7160, as amended,
otherwise known as “Zhe Local Government Code of 1991,” are hereby

amended and modified accordingly.


SEC. 7. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or a newspaper of general circulation.

Approved,