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

NINETEENTH CONGRESS
First Regular Session

.xo,_57

HOUSE BI

Introduced by Representative Jaime R. Fresnedi

EXPLANATORY NOTE

This bill seeks to amend certain provisions of Republic Act No. 10575 (R.A. 10575),
otherwise known as “The Bureau of Corrections Act of 2013”.

The said law sought to modemize and resolve the age-old plight of the Bureau of
Corrections (BuCor) in terms of outdated law, inequitable personne! remuneration, obsolete
facilities and equipment and an antediluvian organizational structure. Recent developments in
the New Bilibid Prisons (NBP) in Muntinlupa City, particularly in the exercise of certain
powers and authorities by the BuCor, have precipitated the filing of this proposed measure to
clarify the relationship of R.A. 10575 with existing laws,

In proposing amendments to R.A. 10575, this bill deems it proper to put into proper
perspective the exercise of authority of the BuCor over its lands vis a vis the requitement of
Republic Act No. 7160. as amended, otherwise known as the Local Government Code of 199}
This law mandates all national agencies and offices to conduct periodic consultations with
appropriate local government units, non-governmental and people's organizations, and other
concemed sectors of the community before any project or program is implemented in their
respective jurisdictions. Moreover, there is also a need to clarify that such authority of the
BuCor over its lands shall not diminish the power of local government units to protect, uphold
and promote the general welfare of its constituents.

Lastly, this bill also proposes to vest the Department of Justice power of supervision
and control. not just administrative supervision, over the BuCor as defined under the
Administrative Code of 1987. This is bome out of the belief that the check and balance
principle under this provision of the Administrative Code is needed to ensure that the exercise
nd encompassing powers and authorities ranted to the BuCor under R.A, 10575
d

of extensive
will not be abu:

The urgency and necessity of this bill is based on the experience of Muntinlupa City
where actions taken by the Bureau of Corrections resulted in the disruption of the way of life
of its citizens,

On March 20, 2021, without proper consultation. coordination or notice by the Bureau
of Corrections, Insular Road which leads to and from Southville 3, a national government
housing project for families displaced by the rehabilitation of the Philippine National Railways



tracks in Muntinlupa City. was obstructed by the BuCor by erecting a wall across the said road
which serves as the direct access between the community and the center of Muntinlupa City
Residents and city officials decried the closure of the road which resulted in the denial of direct
access to basic services to the residents of Southville 3, who were forced to travel an additional
ten (10) kilometers traversing the neighboring cities of San Pedro, Laguna or Las Pifas just to
get to their barangay hall in the City Hall of Muntinlupa. In addition, there is no public
transportation line in the said route, forcing commuters to patronize the colorum transport
operators despite the high fares. Emergency services are likewise hindered by the closure of
access, as well as other services from the city and the barangay.

On November 26, 2021, the BuCor once again erected a wall across another road which
leads to Katarungan Village 1 & 2, both government housing projects, and two educational
institutions, Pamantasan ng Lungsod ng Muntinlupa and Muntinlupa National High School
imilar to the previous road closure, no consultation, coordination or proper notice was given
by the BuCor to local authorities. In fact, the erection of the road was done in the middle of the
night, betraying the sinister intention to covertly accomplish their objective.

In both instances, officials from national government agencies such as the NHA, the
DPWH and the DOJ, as well as local officials from the barangay. the City Council, the City
Mayor and the Representative to the House of Representatives expressed their criticism and
objection to the actions of the BuCor.

However, all of these criticisms and objections fell on deaf ears as the BuCor’s has
brazenly set aside the views and comments of officials of the government and insisted that RA
10575, empowers and authorizes them to do whatever they please, in disregard of other laws
and issuances that were clearly not repealed by the BuCor Modemization Law.

While bringing the matter to court is definitely an option to address the issue, it is
deemed necessary to amend R.A. 10575 which is apparently subject to abusive interpretation
by those who are appointed to head the Bureau of Corrections. Such unbridled power must
never be tolerated.

Considering the premises above, immediate approval of this bill is earnestly requested

Wntative
Muntinlupa City


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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. -_57

Introduced by Representative Jaime R. Fresnedi

AN ACT
AMENDING SECTIONS 6(B) AND 8 OF REPUBLIC ACT NO. 10575, OTHERWISE
KNOWN AS “THE BUREAU OF CORRECTIONS ACT OF 2013”

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

SECTION 1. Section 6(b) of Republic Act No, 10575 is hereby amended as follows:
“Section 6. Lands of the Bureau of Corrections. ~ (a) xxx

(b) As a way to maximize its assets’ value for the effective and
extensive reformation (corrections) programs for national inmates, the
BuCor shall have the [absolute] authority to design, formulate and
implement land-use development plans and policies|.] SUBJECT TO THE
APPROVAL OF THE SECRETARY OF JUSTICE: PROVIDED,
THAT CONSISTENT WITH SECTION 2(C) OF THE LOCAL
GOVERNMENT CODE, HEREINAFTER REFERRED TO AS THE
CODE, THE DESIGN, FORMULATION AND IMPLEMENTATION
OF LAND-USE DEVELOPMENT PLANS AND POLICIES SHALL
BE UNDERTAKEN IN CONSULTATION WITH LOCAL
GOVERNMENT UNITS WHERE SUCH BUCOR LANDS ARE
LOCATED: PROVIDED, FURTHER, THAT THE EXERCISE OF
AUTHORITY OF THE BUCOR OVER ITS LANDS SHALL, BE
CONSISTENT WITH, AND IN NO MANNER DIMINISH, THE
POWER OF LOCAL GOVERNMENT UNITS TO PROTECT,
UPHOLD AND PROMOTE THE GENERAL WELFARE OF ITS
CONSTITUENTS AS PROVIDED UNDER SECTION 16 OF THE
CODE.

(c) xxx

(a) xxx”


Section. 2. Section 8 of Republic Act No. 10575 is hereby amended as follows:

“Section 8. Supervision of the Bureau of Corrections.— The
Department of Justice (DOJ), having the BuCor as a line bureau and a
constituent unit, [shall maintain a relationship of administrative supervision
with the latter] SHALL HAVE SUPERVISION AND CONTROL over
said agency as defined under Section 38{(2)]1, Chapter 7, Book IV of
Executive Order No. 292 [,except that the DOS shall retain authority over
the power to review, reverse, revise or modify the decisions of the BuCor in
the exercise of its regulatory or quasi-judicial functions].”

Section. 3. Repealing Clause. ~ Any provision of law, Presidential Decree, Executive
Ordes, rules and regulations contrary to the provisions of this Act is hereby repealed or
modified accordingly.

Section. 4, Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved.