, . 
S,l'l1ulr 
(1)t";r \1f t~£ _~r('\'~httlJ, 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~TE 
S.No. 1759 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article III provides: 
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nCT -2 1\11 :32 
Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading, 
or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, 
for compelling reasons involving heinous crimes, the Congress hereafter provides 
for it. Any death penalty already imposed shall be rednced to reclusion perpetua. 
(2) The employment of physical, psychological, or degrading punishment 
against any prisoner or detainee or the use of substandard or inadequate penal 
facilities under subhuman conditions shall be dealt with by law. 
This constitutional provision does not imply that the punishment or penalties imposed on 
the convict may be lightened by allowing prisoners to live luxuriously inside the prison, A clear 
example would be alleged "VIP" (very impOliant person) treatment given by New Bilibid Prison 
(NBP) to a certain convict ("Jalosjos has bathtub in Munti" Philippine Star, 12 Feb. 1999, P. 1). 
The Penal Code, on the other hand, reminds us of the five underlying theories justifying 
penalty - (1) prevention of crime; (2) self-defense for the protection of society; (3) reformation 
of the criminal; (4) exemplarity to deter others from committing crimes; and (5) justice (Reyes, 
Luis B., The Revised Penal Code, Criminal Law, Book One, Revised 1998 Ed.) 
The very purpose of imposing penalty or punishment on a convict or any violator of law 
would be ineffective if we allow this situation to continue. Thus, this bill aims to prevent 
luxurious conditions in prisons particularly for selected prisoners.' 
• This bill was Originally filed during the Thirteenth Congress, First Regular Session. 


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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 
1759 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PREVENT LUXURIOUS CONDITIONS IN PRISONS 
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GGl -2 AU :32 
Be it enacted by Senate and the House of Representatives of the Philippines in Congress 
assembled: 
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SECTION I. Short Title. - This Act shall be known as the "No Frills Prison Act." 
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SECTION2. Declaration of Policy. - It is a policy of the State to prevent the imposition 
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of excessive, cruel, degrading or inhuman punishment. 
This policy should, however, be 
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balanced with the duty of the State to protect its citizens from criminals. 
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SECTION 3. Elimination of Luxurious Prison Conditions. - Prison officials shall provide' 
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living conditions and opportunities to prisoners within its prison that are not more luxurious than 
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those conditions and opportunities the average prisoner would have experienced if such prisoner 
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were not incarcerated, and should not provide to any such prisoner -
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(A) 
Who earned good behavior credits: 
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(I) 
Less than forty (40) hours a week of work that either offsets or reduces the 
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expenses of keeping a prisoner or provides resources toward restitution of 
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victims; 
IS 
(2) 
Unmonitored phone calls, except when between the prisoner and prisoner's 
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immediate family or legal counsel; 
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(3) 
In-cell television viewing; 
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(4) 
The viewing of R, X, or similarly rated movies, through whatever medium 
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presented; 
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(5) 
Possession of any pornographic materials; 
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(B) 
(6) 
Any instruction, live broadcast, or training equipment for boxing, wrestling, 
judo, karate, or other material art, or any bodybuilding or weightlifting 
equipment of any sort; 
(7) 
Except for use during required work, the use or possession of any electric or 
electronic musical instrument, or practice on any musical instrument for 
more that one hour a day; 
(8) 
Use of personally owned computers or modems; 
(9) 
Possessions of in-cell coffee pots, hot plates, or heating elements; 
(10) Any living or work quarters into which the outside view is obstructed; 
(11) Food exceeding in quality or quantity that which is available to the average 
prisoners; 
(12) Dress or hygiene, grooming or appearance other than those allowed as a 
uniform or standard in the prison; or 
(13) Equipment or facilities at public expense for publishing or broadcasting 
content not previously approved by prison officials as consistent with prison 
order and prisoner discipline; and 
Who is serving a sentence for a crime of violence which resulted in serious bodily 
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injury to another-
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(l) 
Housing other than in separate cell blocks extended for violent prisoners and 
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designed to emphasize punishment rather than rehabilitation; 
(2) 
Less than nine (9) hours a day of physical labor, with confinement to cell for 
any refusing to engage in that labor, but a prisoner not physically able to do 
physical labor may be assigned to alternate labor; 
(3) 
Any temporary Jurlough, leave, excursion, or other release from the prison_ 
for any purpose, unless the prisoner remains at all times under physical or 
mechanical restraints, such as handcuffs, and under constant escort and 
immediate supervision of at least one armed correctional officer; 
(4) 
Any viewing of television; 
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(5) 
Any inter-prison travel for competitive sports, whether as participant or 
spectator; 
(6) 
More than one hour a day spent for sports or exercise; or 
(7) 
Possession of personal property exceeding seventy five (75) pounds in total 
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weight or that can not be stored in a standard size bag. 
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SECTION 4. Implementing Rules and Regulations. - The Secretary of Justice shall, 
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within ninety (90) days after approval of this Act, after consultation with the appropriate 
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govermnent agencies concerned in the administration of justice, promulgate rules and regulations 
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for the effective and efficient implementation ofthe provision of this Act. 
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SECTION 5. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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