REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Third Regular Session 
House Bill No. __________ 
Introduced by MAGDALO Party-List Representative 
HON. MANUEL DG. CABOCHAN III 
EXPLANATORY NOTE 
About 5,200 inmates at the New Bilibid Prison (NBP) die annually due to overcrowding, 
disease, and violence.1 A peer-reviewed report has shown that most of these deaths 
are not fully reported which raises concerns about the firm commitment of the 
government to provide adequate protection to inmates and to promote accountability 
and transparency as well.2 During the recent COVID-19 pandemic, most of the prison 
deaths have no clear causes as they were not tested for the coronavirus. Among these 
so-called deaths included high-profile inmates that have raised public concerns on a 
possible death fraud trade and “body-switching” scheme occurring inside the NBP.3 
In July 2020, the Department of Justice confirmed that nine high-profile NBP inmates 
died of COVID-19.4 It included Jaybee Sebastian, Benjamin Marcelo, Zhang Zhu Li, 
Jimmy Kinsing Hung, Francis Go, Jimmy Yang, Eugene Chua, Ryan Ong, and Amin 
Imam Buratong. According to the Bureau of Corrections, there have been deaths due 
1 CNN. More than 5,000 inmates die at this prison every year. Information retrieved from 
https://edition.cnn.com/2019/10/04/asia/philippines-inmate-deaths-intl-hnk-scli/index.html. Dated October 18, 2019 
2 Human Rights Watch. Philippines: Prison Deaths Unreported Amid Pandemic. Information retrieved from 
https://www.hrw.org/news/2020/04/28/philippines-prison-deaths-unreported-amid-pandemic#. Dated April 28, 2020 
3 Rappler. Gordon to include death fraud trade in Senate Bilibid probe. Information retrieved from 
https://www.rappler.com/nation/gordon-to-include-death-fraud-trade-bilibid-probe. Dated July 22, 2020 
4 Inquirer. DOJ confirms death of high profile Bilibid inmate Jaybee Sebastian. Information retrieved from 
https://newsinfo.inquirer.net/1309458/doj-confirms-death-of-high-profile-bilibid-inmate-jaybee-sebastian. Dated July 20, 2020 
November 24, 2021
3:49 pm
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to COVID-19 but declined to identify these due to the Data Privacy Act of 2012. 
However, high-profile inmates such as Jaybee Sebastian had become public figures 
on account of their previous association with certain national issues, therefore, 
exempting him from the abovementioned law.5 Likewise, there is a justified public 
interest and benefit to release information regarding these suspicious deaths. 
Hence, this proposed measure seeks to mandate the reporting of deaths and illnesses 
of persons deprived of liberty (PDL) and detained children in conflict with the law. It 
shall investigate all suspicious deaths of PDL to ensure the proper implementation of 
justice. 
In view of the foregoing, the immediate passage of this measure is earnestly sought. 
MANUEL DG. CABOCHAN III 
Representative 
Magdalo Para sa Pilipino Party-List 
5 Section 5 (C) of the Implementing Rules and Regulations of the Data Privacy Act of 2012 states that the Data Privacy Act of 
2012 and IRR shall not apply to special cases such as to personal information that will be processed for research purpose, 
intended for a public benefit, subject to the requirements of applicable laws, regulations, or ethical standards 


REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Third Regular Session 
House Bill No. __________ 
Introduced by MAGDALO Party-List Representative 
HON. MANUEL DG. CABOCHAN III 
AN ACT 
MANDATING THE REPORTING OF DEATHS AND ILLNESSES OF PERSONS 
DEPRIVED OF LIBERTY AND DETAINED CHILDREN IN CONFLICT WITH 
LAW, PENALIZING NON-REPORTING AND FALSE REPORTING OF DEATHS 
THEREOF, AND FOR OTHER PURPOSES 
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 "Death in Custody 
1 
Reporting Act". 
2 
3 
Sec. 2. Declaration of Policy.— It is the declared policy of the State to ensure 
4 
that the execution of sentences is properly and completely served, within the bounds 
5 
of law. Furthermore, it is in the interest of the State to investigate all suspicious 
6 
deaths of persons in custody to ensure the proper dispensation of justice. For this 
7 
purpose, sufficient mechanisms for proper monitoring of deaths in custody shall be 
8 
in place. 
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Sec. 3. Definition of Terms.— As used in this Act: 
1 
(a) Child in conflict with the law (CICL) refers to a detained child who is, 
2 
accused of, or adjudged as, having committed an offense under Philippine 
3 
laws; 
4 
(b) Persons Deprived of Liberty (PDL) refers to a person who has been 
5 
arrested, held in lawful custody, detained, or imprisoned awaiting or 
6 
pending trial or in execution of a lawful sentence; 
7 
(c) Jail refers to a place of confinement for inmates under investigation or 
8 
undergoing trial, or serving short-term sentences. Jails include provincial, 
9 
district, city and municipal jails managed and supervised by the Provincial 
10 
Government and the Bureau of Jail Management and Penology (BJMP), 
11 
respectively, which are both under the Department of the Interior and Local 
12 
Government (DILG); 
13 
(d) Prison refers to the national prisons or penitentiaries managed and 
14 
supervised by the Bureau of Corrections (BuCor), an agency under the 
15 
Department of Justice (DOJ); 
16 
(e) Suspicious circumstances refers to any circumstance which would lead a 
17 
reasonable man — based on his skills, experience, and/or understanding 
18 
of the circumstances — that there is a possibility that the death of a PDL 
19 
or CICL is fictitious or caused by unlawful means; 
20 
(f) Youth Detention Home refers to a 24-hour child-caring institution managed 
21 
by accredited local government units (LGUs) and licensed and/or accredited 
22 
non-government organizations (NGOs) providing short-term residential 
23 
care for CICL who are awaiting court disposition of their cases or transfer 
24 
to other agencies or jurisdictions; and 
25 
(g) Youth Rehabilitation Center refers to a 24-hour residential care facility 
26 
managed by the Department of Social Welfare and Development (DSWD), 
27 
LGUs, licensed and/or accredited NGOs monitored by the DSWD, which 
28 
provides care, treatment and rehabilitation services for CICL. Rehabilitation 
29 
services are provided under the guidance of a trained staff where residents 
30 
are cared for under a structured therapeutic environment with the end view 
31 
of reintegrating them into their families and communities as socially 
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functioning individuals. Physical mobility of residents of said centers may 
1 
be restricted pending court disposition of the charges against them. 
2 
 
3 
Sec. 4. Reporting of Death Information.— The BuCor, the BJMP, wardens of 
4 
the provincial jails and heads of youth detention homes and youth rehabilitation 
5 
centers shall submit the following: 
6 
(a) Report to the Executive. – A monthly report to the DOJ, DILG, DSWD on 
7 
the deaths of PDLs or CICLs; Provided, That in case the PDL or CICL has 
8 
been charged or convicted of a heinous crime or crimes punishable by 
9 
death, reclusion perpetua, or life imprisonment, the Bucor, BJMP, wardens 
10 
of the provincial jails and heads of youth detention homes and youth 
11 
rehabilitation centers shall notify the DOJ, DILG and DSWD immediately 
12 
upon the death of the PDL or CICL, through both modern and traditional 
13 
communication means and devices. 
14 
(b) Report to The Supreme Court. – A report to the Supreme Court through 
15 
the Office of the Court Administrator, immediately upon the death of PDLs 
16 
and CICLs charged or convicted of a heinous crime or crimes punishable 
17 
by death, reclusion perpetua, or life imprisonment. 
18 
(c) Report to Commission on Human Rights. — The reports required under 
19 
paragraphs (a) and (b) of this Section shall likewise be submitted to the 
20 
Commission on Human Rights. 
21 
 
22 
Sec. 5. Information Required.— The reports required under Section shall 
23 
contain information that includes: 
24 
(a) the name, gender, race, ethnicity, and age of the deceased; 
25 
(b) the date, time, and location of death; 
26 
(c) the law enforcement agency that detained, arrested, or was in the process 
27 
of arresting the deceased; 
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(d) a brief description of the circumstances surrounding the death; and 
29 
(e) other details as may be required by the implementing rules and regulations. 
30 
 
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Sec. 6. Automatic Investigation.— The DOJ, through the National Bureau of 
1 
Investigation (NBI), shall conduct motu propio automatic investigation of PDLs and 
2 
CICLs who died under suspicious circumstances. 
3 
 
4 
Suspicious deaths in custody must be investigated promptly by the DOJ, 
5 
through the NBI, regardless of whether the relatives of the deceased requested it. 
6 
The main purpose of the investigation is to clarify the circumstances surrounding the 
7 
death of the PDLs and CICLs. The investigation must seek, at least, to: 
8 
(a) Obtain and preserve physical and documentary evidence in connection with 
9 
the death of the PDL and CICL; 
10 
(b) Identity possible witnesses and record their statements; 
11 
(c) Identify the deceased; 
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(d) Determine the extent of involvement of all those implicated in the death; 
13 
(e) Establish the cause, manner, place and time of death, as well as any 
14 
pattern of practice that may have caused it; and 
15 
(f) Differentiate between natural death, accidental death, suicide, and 
16 
homicide. 
17 
 
18 
The scene of death should be regarded as potentially a crime scene, especially 
19 
if the death was unexpected or under suspicious circumstances. The families of the 
20 
PDL or CICL should be kept abreast of the progress and findings of the investigation. 
21 
The body of the deceased shall be returned to the next of kin in a manner that is fully 
22 
respectful of the dignity of the deceased, upon completion of all post-mortem 
23 
examinations essential to the investigation. 
24 
 
25 
Sec. 7. Confirmatory Cause of Death and Autopsy.— A thorough autopsy, by 
26 
a representative of the Department of Health (DOH), is mandatory in cases where 
27 
the deceased PDL or CICL has been charged or convicted of a heinous crime or crimes 
28 
punishable by death, reclusion perpetua, or life imprisonment, or one who died 
29 
unexpectedly or under suspicious circumstances.  
A complete death certificate 
30 
shall be issued to the next of kin as soon as possible after the death. 
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Sec. 8. Disposition of Cadaver in Times of Public Health Emergency.— The 
1 
mandatory cremation of the cadaver of a PDL or CICL when public health requires as 
2 
determined by the DOH, shall be witnessed by the relatives of the deceased, not 
3 
exceeding four (4), if any, a representative of the DOH, and, as may be applicable, a 
4 
representative of the DOJ, DILG, or DSWD; Provided, That in case the PDL or CICL 
5 
has been charged or convicted of a heinous crime or crimes punishable by death, 
6 
reclusion perpetua, or life imprisonment, the cremation shall also be witnessed 
7 
members of the media, not exceeding ten (10). 
8 
 
9 
Sec. 9. Notification of Kin of Sick or Dead PDL.— Whenever a PDL or a CICL is 
10 
critically ill or dies, the prison medical officer shall report the matter to the 
11 
Superintendent who in turn shall notify the inmate's family, immediately, by the 
12 
fastest means of communication available. Failure to comply with the legal duty 
13 
herein required shall render the Superintendent or such other officer in charge liable 
14 
to civil damages. 
15 
 
16 
Sec. 10. Violations and Penalties.—  
17 
(a) Non-Reporting. Any official, head or officer-in-charge of the bureaus, penal 
18 
institutions, and detention and rehabilitation centers who violates Section 
19 
4 of this Act and/or any responsible officer who participated in the 
20 
commission of the crime or who shall have knowingly permitted the 
21 
omission shall, upon conviction by final judgment, suffer the penalty of 
22 
imprisonment of not less than six (6) years but not more than Twelve (12) 
23 
years and a fine of not less than Five Hundred Thousand pesos 
24 
(P500,000.00) but not more than One Million pesos  (P1,000,000.00) at the 
25 
discretion of the proper court. 
26 
(b) False Reporting. In addition to the penalties prescribed in Articles 223, 224 
27 
and 225 of the Revised Penal Code, as amended, any person who shall 
28 
make or cause to be made a false or fictitious report of the death of a living 
29 
PDL or a CICL with the intent of letting the PDL or CICL escape shall be 
30 
guilty of false reporting and shall be punished by: 
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(1) Life imprisonment in case the PDL or CICL has been convicted of a 
1 
heinous crime or is sentenced to life imprisonment, reclusion perpetua, 
2 
or death and a fine of not less than Two million pesos (P2,000,000.00) 
3 
but not more than Five million pesos (P5,000,000.00) 
4 
(2) Imprisonment of not less than Twelve (12) years but not more than 
5 
fifteen (15) years in case the PDL or CICL has been convicted of any 
6 
crime other than those stated in subsection (b)(l) and a fine of not less 
7 
than One million pesos (P1,000,000.00) but not more than Three million 
8 
pesos (P3,000,000.00). 
9 
(3) Imprisonment of not less than six (6) years but not more than twelve 
10 
(12) years in case the PDL or CICL has not yet been convicted by final 
11 
judgment and a fine of not less than Five hundred thousand pesos 
12 
(P500,000.00) but not more than One million pesos (P1,000,000.00) 
13 
 
14 
Any person who participated in or facilitated the commission of the false 
15 
reporting or who shall have knowingly permitted the commission thereof shall be liable 
16 
as principals and shall suffer the penalties imposed in subsection (b) hereof. 
17 
 
18 
Sec. 11. Implementing Rules and Regulations.— The DOJ and DILG shall within 
19 
ninety days (90) days from the effectivity of this Act, promulgate the rules and 
20 
regulations to effectively implement the provisions of this Act. 
21 
 
22 
Sec. 12. Separability Clause.— If any portion or provision of this Act is declared 
23 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
24 
remain in force and effect. 
25 
 
26 
Sec. 13. Repealing Clause.— Any law, presidential decree or issuance, 
27 
executive order, letter of instruction, rule or regulation inconsistent with the 
28 
provisions of this Act is hereby repealed or modified accordingly. 
29 
 
30 
Sec. 14. Effectivity.— This Act shall take effect fifteen (15) days following its 
31 
complete publication in the Official Gazette or a newspaper of general circulation. 
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Approved,