Republic of the Philippines * tie: U
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Session

House Bill No. 5312

Introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

“ONLY IN TE
not only by Filipinos but foreigners alike whenever something peculiar
occurred or transpired that catches the attention of the public. It denotes
something that can only happen here in the Philippines and not elsewhe

: PHILIPPINES", a popular phrase often articulated

Where can you find a blind man being issued a drivers license, a
professional one at that? ONLY IN THE PHILIPPINE!

A blind man being issued a valid ‘arms License? ONLY IN
THE PHILIPPINES! Said phrase though funny at times should not be
ignored. This is the kind of thing that puts a black mark on us as
ilipinos and to the Philippines as a country.

Most recently, we were again a witness to one event that should
even be recorded in the Guinness Book of World Records. Some of us
were shocked, some were surprised and some of us were aghast at the
temerity and boldness of some inmates in our National Penitentiary. We
witnessed on how a group of law enforcement agencies swooped down
on the Maximum Security detention facility in the New Bilibid Prisons
and discovered that those who were supposed to be detained therein to
atone for their sins were living like kings, and enjoying the luxuries they

previously had prior to their incarceration

We are living witness when the authorities discovered cash, drugs,
firearms, entertainment equipment, air conditioning units, Jacuzzi baths,
king size beds and other amenities fit for a royalty inside the said prison
facility. With these, the said inmates are making a mockery of one of the
pillars of our justice system whose main purpose is their reformation and
eventual return to society.



Why is this so? Can this be done without the approval or consent
of the prison authorities? Are the inmates in our prison system so drunk
with power that they feel they can do everything? We have to put a stop
to this before it is too late.

Patterned after Title 18, Part | Chapter 87 of the US Code Series of
1791, the proposal aims to put a stop to the shenanigans happening inside
our prison facility by penalizing those who would provide, assist, aid or
abet in the introduction of any prohibited object or contraband inside a
prison facility, and the inmate who makes, possesses or obtains or
attempts to make or obtain the same inside the prison facility and
imposing a stiff penalty for its commission.

This representation believes that a stiff penalty is required in this
circumstance in order to instill fear and be an effective hindrance to those
contemplating of doing this crime in the future. Said penalty applies
more so to government officials or employees in cahoots with the inmate
or other private persons involved therein.

Not only will they suffer the same penalty, they shall likewise
suffer the additional penalty of perpetual absolute disqualification from
holding a public office and forfeiture of all his retirement benefits and all
accrued leave credits. Thus, these people will have to rethink their
decision on whether to go through with their plan of action or desist from
doing it.

With these, it is the fervent hope of this representation that this
proposal is the first step towards the needed reform in our prison system.

It is for this purpose that the approval of this bill is earnestly
sought,

1. LOYOLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
Second Regular Sessign
House Bill No 2

Introduced by Honorable Roy M. Loyola

AN ACT
PENALIZING ANY PERSON PROVIDING OR POS SING
CONTRABAND AND THOSE WHO SHALL AID OR ABET THE
INTRODUCTION OF THE SAME INSIDE ANY PRISON
FACILITY IN THE PHILIPPINES, PROVIDING PENALTIE
THEREFORE AND FOR OTHER PURPOS:

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

SECTION I. Title.- This Act shall be known as the “Anti-

Contraband in Prison Act of 2015"

SEC 2. Declaration of Policy. - The maintenance of peace and
order, the protection of life, liberty and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the
blessings of democracy. To implement this policy, laws are enacted
towards achieving a just and orderly society governed by rules and
regulations made applicable to all and not just a chosen few, It appear:
however that recent developments particularly in our penal system show
that some are indeed luckier than the others. In a fact finding report of the
Department of Justice, persons incarcerated in our penal institutions
continue to enjoy the luxuries they were accustomed to while they were
outside the prison facility contrary to the purpose for which they are put
there, ie., for reformation to make him fit to re-enter society and
retribution to make him suffer his transgression of the law. With this
treatment. convicts cannot reform and society cannot have retribution.

To remedy this seeming inequity and to really implement the thrust
of one of the five pillars of our justice system, a mechanism for the
effective implementation of the goal of the said pillars i.e., reformation,
and retribution should be instituted, Towards this end, the State shall



strictly monitor and regulate the ingress/egress of any person in any
prison facility and provide the appropriate sanction to be imposed on any
person found to be violating the rules set forth herein

SEC 3. Definition of Terms. - As used in this section —

(1) the term “Person” shall refer to natural persons and shall include

private individuals as well a
cahoots with the prisoner;

government/public official or employee in

2) the term 'Prison” means a correctional, detention or penal facility or
any prison, institution, or facility under the control and supervision of the
Department of Justice including the National Bureau of Investigation
Lock Up Center, the Bureau of Immigration Detention Cells, the PNP
custodial centers and lock ups, the Bureau of Jail Management and
Penology and other prison facility in which persons are held in custody
for violation of law or commission of a felony;

(3) the terms “Firearms” “Ammunition” and ‘Explosive or Incendiary
Device" shall have the same meaning as that provided for in accordance
with Republic Act 10591, otherwise known as the ‘Comprehensive

Firearms and Ammunition Regulations Act" and Section 3 of Presidential
Decree 1866 as amended by Republic Acts 8294 and 9516;

(4) the term “Dangerous Drugs", "Controlled Percursors and Essential

Chemicals", "Laboratory Equipments" and "Other Drug Paraphernalia"
shall have the same meaning as that provided for in Republic Act 9165,
otherwise known as the ‘Comprehensive Dangerous Drugs Act of 2002"
and all other illegal substances prohibited therein including but not
limited to Ecstasy, Methamphetamine Hydrochloride or Shabu and other
drugs producing similar effects:

(5) the term “Prohibited Object or Contraband "means —

(A) a firearm, ammunition and explosives or incendiary device or
as defined herein;


(B) dangerous drugs, controlled Percursors and essential chemicals,
laboratory equipment, and other drug paraphernalia as defined herein;!

(C) any object that is designed or intended to be used as a weapon
or to facilitate the detained persons escape from prison;

(D) any alcoholic or intoxicating beverage:

(E) any money whether Philippine or Foreign denominated
currency;

(F) a cell phone, laptop computer or any device used for purposes
of communicating with the outside world for commercial purposes
including signal jammers to prevent the authorities from determining
their use of the aforementioned devices; and

(G) any other object that threatens the order, discipline, or security
of a prison, or the life, health, or safety of an individual detained
therein.

SEC 4. Registration Requirement. - Ail persons desiring to visit
his/her relative detained in any prison facility shall, before or during the
actual visit, prepare and accomplish before any prison official in charge
of manning the entrance of the said facility a registration form which
shall contain the following information:

(a) Full name and complete address of the visitor which shall be
accompanied by any of the following documents, to wit:

1A Valid Identification Card with photograph;

2.A Valid Passport;

3, Driver's License:

Social Security System Identification Card;
Company Identification Card;
. Government Service Insurance System identification Card:

6.
7. Voter's Identification Card;
8.

Senior's Citizen Card:

School Identification Card

(b) His/her relationship to the person to be visited;



(c) The things or objects he/she is bringing to the person to be
visited; and

(d) Unless related to the detained person or the latter's counsel of

record, the purpose of said visit

°C 5. Prohibited Acts. - \t shall be unlawful for any person to

commit any of the following prohibited acts —

(A) In violation of any law or any rules and regulations issued in
relation thereto or any rules and regulations implemented by prison
authorities of the penal facility, provides to an inmate of a prison any
prohibited objects or contraband, or attempts to do so; or

(B) Being an inmate of a prison makes, possesses or obtains, or
attempts to make or obtain a prohibited object or contraband;

(C) Any person who introduces or brings into any prison any
prohibited object or contraband for delivery to the inmate; or

(D) Assists, aids or abets in the procurement by an inmate of the
prohibited objects or contraband defined herein

shall be punished in accordance with the next preceding section.

SEC 6, Penal Provisions. - (a) For Failure to Comply with the
Registration Requirement: Any person who shall commit a violation of
Sec. 4 hereof shall suffer the penalty of imprisonment ranging from one
(1) day to five (5) days or a fine of One Thousand Pesos, (P 1,000);

(b) For violation of Sees 5 (A) ~The penalty of imprisonment
ranging from Twenty Years and One Day (20 yrs, | day) to Forty Yea
(40 yrs) and a fine of Ten Million Pesos (P10,000,000.00). The said
penalty shall be in addition to the original penalty to which the inmate
was sentenced to serve subject to the rule regarding service of sentence.

(c) For violation of Sec 5 (B). - The penalty of imprisonment
ranging from Twenty Years and One Day (20 yrs, | day) to Forty Years

(40 yrs) and a fine of Ten Million Pesos (P10,000,000.00). The said
penalty shall be in addition to the original penalty to which the inmate
was sentenced to serve subject to the rule regarding service of sentence.


(d) For Violation of See 5 (C), - The penalty of imprisonment
ranging from Twelve Years and One Day (12 yrs, I day) to Twenty Years
(20 yrs) and a fine of Five Million Pesos (P5,000,000.00). The said
penalty shall be in addition to the original penalty to which the inmate
was sentenced to serve subject to the rule regarding service of sentence.

(d) For violation ef Sec § (DB). - The penalty of imprisonment
ranging from Twelve Years and One Day (12 yrs, | day) to Twenty Years
(20 yrs) and a fine of Five Million Pesos (P5,000,000.00). The said
penalty shall be in addition to the original penalty to which the inmate
was sentenced to serve subject to the rule regarding service of sentence.

If the offender is a public official or employee, he shall, in addition
to the penalties herein provided, suffer the additional penalty of absolute
perpetual disqualification trom holding public office and the forfeiture of
all his retirement benefits and accrued leave credits.

SEC 7. Implementing Rules and Regulations. - Within sixty
days from the approval of this Act, the Department of Justice in
coordination with the Department of Interior and Local Government, the
Bureau of Jail Management and Penology and the Bureau of Corrections
shall issue the necessary rules and regulations to implement its
provisions.

SEC 8. Separability Clause. - If, for any reason, any provision or
section of this Act shall be held to be unconstitutional or invalid, the other
provisions or sections hereof which are not affected thereby shall
continue to be in full force and effect.

SEC 9. Effectivity. ~ This Act shall take effect fifteen (15) days
after the completion of its publication in the Official Gazette or in at least

two (2) newspaper of general circulation.

Adopted,