Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT  
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR CHILDREN 
EXPLANATORY NOTE 
This measure seeks to allow incarcerated parents to build stable and solid relationships 
with their children. This is proposed in recognition of the rights of children to special 
protection from all forms of neglect and other conditions prejudicial to their development. 
Under this measure, incarcerated parents are to be given various options concerning the 
care and custody of their minor children. This measure also provides that prison facilities 
shall establish child-friendly visitation opportunities for solo parents and children. This 
includes the creation of special visitation rooms. This measure shall also establish 
programs for the provision of counseling, health, and other social services to incarcerated 
parents and their children. 
While there are similar proposed measures to this, most of these cater to the needs of 
incarcerated mothers regarding child-rearing. Considering this, this measure is proposed 
to remove the distinction between a mother and a father among incarcerated parents, so 
that solo fathers may also be able to access the privileges provided by this Act.  
On behalf of the people of Parañaque City’s Second District, and for the common good 
of the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
September 16, 2022
1:08 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT  
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR CHILDREN 
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 "Parents in Jail Act of 2022." 
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;
The State shall assure the right of the child to express his views freely in all matters
affecting him, the views of the child being given due weight by 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 from 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 
4909


to the latter, about 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 Welfare 
and Development, and the Department of Health shall be established, for purposes of 
implementing the provisions of this Act. Such body shall: 
a. Formulate the necessary rules and regulations for the effective implementation of 
this Act; 
b. Provide specific procedures for the placement of children of the accused or infants 
born to women already incarcerated in state prisons; and 
c. Establish programs designed to provide counseling, health, and other social 
services to incarcerated parents and their children. Mothers' and children's (those 
under one (1) year old and still staying 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 Ac 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 
or modified accordingly.  
Sec. 11. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete 
publication in at least two (2) national newspapers of general circulation. 
Approved,