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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.2127.
Introduced by Representative LEILA M. DE LIMA

AN ACT
PROTECTING WOMEN IN STATE CUSTODY, PRESCRIBING THE
MINIMUM STANDARDS FOR THEIR TREATMENT, PENALIZING ACTS IN
VIOLATIONS THEREOF AND FOR OTHER PURPOSES

EXPLANATORY NOTE

While it is conceded that men outnumber women in places of detention, women
face gender-specific abuses, risks, and vulnerabilities during detention, including
physical and sexual abuse, mental and health issues, and the overall insensitivity of
prison systems, and their failure to consider women’s specific needs and experiences.
Women in state custody face many challenges, including overcrowding, lack of
gender-specific services, and inadequate healthcare.

In a 2023 study by the Commission on Human Rights Center for Gender
Equality and Women's Human Rights," it was revealed that the “current situation and
conditions of women in detention leave so much space for improvement, and in some
instances are already inhumane.” There is severe jail congestion and acute shortage
of basic necessities like water, health, and sanitation. Issues of access to justice,
security, and the burden of women's traditional roles remain prevalent.

Ina 2001 Human Rights Advisory by the Commission on Human Rights,? it was
reported that 10% women inmates in the Correctional Institute for Women (CIW) had
sexual contact with their jailers prior to their transfer to CIW. These women were
abused, raped, touched, subjected to excessive pat-downs and strip searches, and
traumatized through use of sexualized language by their detention/prison officials.

+ https:/ichr2bucket. storage. googleapis. com/wp-contentluploads/2023/09/08145228/Inside-Stories-
Womens-Situation-in-Jails-and-Access-to-Justice-Booklet-as-of-July-31.pdf
2 http://www. chr.gov. ph/MAIN%20PAGES/about%20hr/advisories/paf_fles/abthr029_padf.

1


Data in 2017 from the Bureau of Jail Management and Penology (BJMP) even
reveals that there are only 58 female dormitories under BJMP throughout the country
and three populous regions (4B, 5, and ARMM) do not even have a single female
dormitory.

In 2020, the death of Baby River Nasino, bom to jailed Filipino activist Reina
Mae Nasino, drew significant attention to the inhumane conditions under which women
in state custody are placed. In November 2019, Reina Mae, along with two other
activists, was arrested during a police raid of their office and was charged with illegal
possession of firearms and explosives — charges which they vehemently deny and
claim was a police set-up.? In July 2020, Reina Mae gave birth to Baby River in the
Fabella Memorial Hospital. Prior to the birth, appeals to have Reina Mae released on
humanitarian grounds due to higher risks of COVID-19 to pregnant women were
denied.® After her birth, appeals were once again made to allow mother and daughter
to stay in the hospital for longer period or to have them stay together inside the jail.
The Manila Trial Court denied these appeals, citing lack of natal care facilities and
limited jail personnel, so on August 13, 2020, Baby River was separated from her
mother only after one week of breastfeeding. On October 9, 2020, Baby River died
due to pneumonia complications without being seen by her mother as all appeals for
temporary release were denied.’ To attend the wake and burial, Reina Mae was only
granted release for several hours over three days, where she remained heavily
guarded and handcuffed.® The story of Reina Mae and Baby River Nasino is only one
of the many stories of women deprived of liberty also having their human rights
violated.

Thus, there is a need for a law to ensure full respect of the rights of women in
state custody, guaranteeing minimum standards of treatment for women PDLs, given
their gender-specific needs and lived realities.

A similar bill, Senate Bill No. 378, was filed by this representation when she
was a Senator during the 18 Congress. This current bill builds on that earlier
proposed measure, while emphasizing this time that there is a need to legislate and
mainstream the Mandela Rules and the Bangkok Rules for the protection of the rights
and welfare of women in state custody. While the Mandela Rules set out the minimum
‘standards that the state should follow in the treatment of PDLs in general, the Bangkok
Rules respond to and focus on the gender gap and gender blindness of detention
spaces, programs, and policies. This bill accordingly enumerates the rights of women

® https:/Awww.bbe. com/news/world-asia-54519788.

https://asiapacific. unwomen org/sites/defaultfiles/Field%200 fice %20ESEAsia/Docs/Publications/202
1/10/Factsheet%20-%20A%20Neglected%20Sector_%20WICL pdf.

5 Ibid.

° Ibid.

Ibid

* Ibid.


PDLs and prescribes the minimum standard rules for their treatment while in custody.
Further, it establishes mechanisms for proper redress of complaints of women inmates
and makes the heads of the detention/prison institution directly accountable should
he/she fail to act on the complaints.

Early approval of this measure is requested.

detetiscde


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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2 12

Introduced by Representative LEILA M. DE LIMA

AN ACT
PROTECTING WOMEN IN STATE CUSTODY, PRESCRIBING THE
MINIMUM STANDARDS FOR THEIR TREATMENT, PENALIZING ACTS IN
VIOLATIONS 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 “Women in State
Custody Act of 2025.”

SEC. 2. Declaration of Policy. - The State recognizes the rights of every woman
under its custody and shall endeavor to protect them from the different forms of abuse
and neglect in which they are often being subjected to while under detention or
imprisonment.

The responsibility of government authorities for the custody of prisoners and or
the protection of society against crime shall be discharged in keeping with the State's
other social objectives and its fundamental responsibilities in promoting the well-being
and development of all members of society, specifically of women in state custody,
who by their inherent special circumstances, are more susceptible to various kinds of
abuses and vulnerabilities.

Towards this end, this Act shall prescribe and adopt the minimum standards
for the treatment of women in state custody, while penalizing acts made in violation
thereof. This Act aligns with the principles and objectives of the Mandela Rules
(officially as the “United Nations Standard Minimum Rules for the Treatment of
Prisoners”) and the Bangkok Rules (officially known as the” United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders")


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SEC. 3. Coverage. - This Act shall apply to all women in state custody, whether
under detention for investigation and/or trial for an alleged commission of an offense
or crime, or have already been sentenced with imprisonment by final judgment,
irrespective of the place of their detention or imprisonment. It shall cover all detention
and prison facilities where there are women inmates, such as those operated by the
Bureau of Corrections (BuCor), the Bureau of Jail Management and Penology (BJMP),
the Local Government Units (LGU), the Philippine National Police (PNP), the Armed
Forces of the Philippines (AFP), and the Department of Social Welfare and
Development (DSWD).

SEC. 4. Registry. — In every place where women are detained or imprisoned,
there shall be kept a bound registration book with numbered pages, exclusively
dedicated to women detainees and prisoners in which hereunder information shall be
entered in respect of each woman detainee or prisoner received

a) Information concerning her identity;

b) The reasons for her commitment and the authority therefor; and

©) The day and hour of her admission and release.

SEC. 5. Separate Detention/Prison Celll and its Facilities. —
a) Female detainees or prisoners shall at all times be held separately from
male detainees or prisoners. For this purpose, separate cells and
facilities for women shall form part of the standard design in the
construction and improvement of jails and its facilities; Provided, that, in
an institution which presently receives both men and women, there shall
be an entirely separate building in which the whole of the premises shall
be allocated exclusively to women detainees or prisoners.
There shall be special accommodation in every women's institution for
all necessary pre-natal and post-natal care and treatment, preventive
health care for diseases like STDs (sexually transmittable diseases) and
UTIs (urinary tract infections), and even counselling. Arrangements shall
be made, whenever practicable, for children to be born in a hospital
outside the institution. If a child is born in prison, this fact shall not be
mentioned in the birth certificate.

b)

SEC. 6. Rights of Women in State Custody. — In addition to the existing rights
provided for by law in favor of persons deprived of their liberty (PDLs) or are under
detention or in prison, all women in state custody shall have the following rights:

a) Every woman in state custody shall be treated in a humane manner and
with respect for the inherent dignity of the human person and with
particular regard to the special circumstances of womanhood;

b) Detention or imprisonment shall only be carried out strictly in accordance
with the provisions of the law and by competent officials or persons
authorized for that purpose;


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c) No woman under any form of detention or imprisonment shall be
subjected to torture or to cruel, inhumane or degrading treatment or
punishment, and no circumstance whatever may be invoked as a
justification for such acts;

No detained or imprisoned woman shall be subjected to any sexual

abuse such as, but not limited to, having camal knowledge or making

any other form of sexual advancements or harassment;

e) Any woman shall, at the commencement of detention or imprisonment,
or promptly thereafter, be provided by the authority responsible for her
detention or imprisonment with information on and an explanation of her
rights and how to avail herself of such rights;

f) The State must take active steps to ensure that, where possible, female
lawyers are available to represent women detainees or prisoners; and
Except for those rights the exercise of which is necessarily precluded by
the fact of her detention or imprisonment, or the exercise of which has
been temporarily or permanently denied to her as a result of, or as an
accessory to the penalty imposed upon her, no woman deprived of
liberty shall be barred from exercising rights that she would otherwise
have been entitled to were it not for her detention or imprisonment, such
as but not limited to, the right to access reproductive and matemal health
services and rights relating to marriage and family relations.

d)

g

SEC. 7. Treatment of Women in State Custody. - Each of the governmental
agencies cited in Section 3 hereof shall at all times strictly implement the following

a) Female security personnel shall always be present during the
interrogation of women detainees;

b) At no time shall male security personnel be allowed entry to
detention/prison facilities of women without the presence of female
security personnel; and

c) Inno case shall male security personnel or male inmates be allowed to
stay in the premises allocated for women during nighttime.

SEC. 8. Mandatory Visit and Inspection of Women Detention/Prison Cells and
Facilities. — In order to supervise the strict observance of relevant laws and regulations
in places of detention and imprisonment, the Commission on Human Rights (CHR)
shall regularly visit and inspect the various women detention or prison cells and
facilities, which shall be made without prior announcement to the agency or facility
concemed, provided, however, that independent women organizations may likewise
inspect such places, with prior coordination with the CHR. A detained or imprisoned
woman shall have the right to communicate freely and in full confidentiality with the
persons who visit and inspect the places of detention or imprisonment in accordance
with the preceding paragraph of this section, subject to reasonable conditions to
ensure security and order in such places.


SEC. 9. Recruitment and Training of Police, Military, and Prison Personnel. —
Each detention/prison institution shall recruit an adequate number of women police
officers to specialize in cases of violence against women. All detention or prison
personnel of the government agencies referred to in Section 3 hereof shall receive
mandatory training and information about unlawful discrimination, sexual harassment
and standards for the protection of women's rights, and how to respect and enforce
them properly, which shall be conducted by the CHR or by duly registered non-
governmental organizations in the field of women's rights.

SEC. 10. Complaints of Alleged Abuse against Women in State Custody. — A
detained or imprisoned woman or her counsel shall have the right to make a complaint
regarding her treatment or violation of her rights, in particular in cases of sexual abuse,
torture or other cruel, inhumane or degrading treatment, to the authorities responsible
for the administration of the place of detention or imprisonment or other proper
authorities. In those cases where neither the detained or imprisoned person nor his
counsel is able to exercise her rights under this Section, a member of the family of the
detained or imprisoned woman or any other person who has knowledge of the case
may exercise such rights. Confidentiality conceming the complaint shall be maintained
if so requested by the complainant. Every complaint shall be promptly dealt with and
replied to without undue delay. Neither the detained or imprisoned woman nor any
complainant under the preceding paragraph of this Section shall suffer prejudice for
making a complaint

SEC. 11. Duty to Report Alleged Abuse against Women in State Custody. -
Prison officials and employees who have reason to believe that a violation of this Act
has occurred or is about to occur shall have the duty to report the matter to their
superior authorities and, where necessary, to other appropriate authorities. Any other
person who has grounds to believe that a violation of this Act has occurred or is about
to occur shall have the right to report the matter to the superiors of the officials involved
as well as to other appropriate authorities.

SEC. 12. Accountability of the Head of the Prison Institution. —
a) The respective heads of institutions responsible for the custody of
women detainees/prisoners shall take effective steps to protect women
detainees who report rape, sexual harassment, and other forms of
abuses, threats, reprisals or intimidation.

b) The immediate respective heads of the detention or prison institutions
are prima facie presumed to have knowledge of the abuse committed
against the women prisoners if:

i. A complaint has been made before him or such other authority
receive such complaint, or if abuse was openly performed or well-
known among her co-inmates or prison personnel; and

ii. The head of the detention or prison institution has failed to act on
the same.


SEC. 13. Investigation of Alleged Abuse against Women in State Custody. - All
complaints of rape, sexual abuse, torture or any unlawful advancement or violation of
the rights provided in this Act, committed by any person against a woman detainee or
prisoner must be investigated promptly and independently by the CHR. A medical
examination and adequate legal services should be provided immediately for any
woman in custody who alleges that she has been abused. Whenever the abuse has
resulted to death or unexplainable disappearance of a detained or imprisoned woman,
an inquiry into the cause of death or disappearance shall be conducted by the CHR,
at its own instance or at the instance of a member of the family of such woman or any
person who has knowledge of the case. When circumstances so warrant, such an
inquiry shall be held on the same procedural basis whenever the death or
disappearance occurs shortly after the termination of the detention or imprisonment.
The findings of such inquiry or a report thereon shall be made available upon request,
unless doing so would jeopardize an ongoing criminal investigation.

SEC. 14, Penalty Clause. — Any person who shall be guilty of violation of this
Act shall suffer a penalty of six (6) months and one (1) day but not exceeding six (6)
years, without prejudice to other criminal and administrative charges for which he may
be held liable.

SEC. 15. Mandatory Evaluation and Reporting. — Every four (4) years, each of
the governmental agencies cited in Section 3, as well as CHR and duly registered
nongovernmental organizations in the field of women's rights, shall conduct a
mandatory review of the implementation of this Act and submit a report of its findings
to Congress.

SEC. 16. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 17. Repealing Clause. - All laws, executive orders, presidential decrees,
presidential proclamations, letters of instruction, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, modified, or amended
accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,