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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
, .. 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 11, provides that: 
The State values the dignity of every human person and 
guarantees full respect for human rights. 
Men and women are raped and sexually brutalized in prisons throughout the 
country. Once subjected to sexual abuse, through violence or intimidation, a prisoner is 
easily trapped into a sexually subordinate role. Prisoners refer to the initial rape as 
"turning out" the victim, and the suggestion of transformation is telling. Through the act 
of rape, the victim is redefined as an object of sexual abuse. A prisoner has been proven 
weak and vulnerable in the eyes of other inmates. 
Prisoners who are unable to escape a situation of sexual abuse may find 
themselves becoming another inmate's "property." Victims of prison rape, in the most 
extreme cases, are literally the slaves of the perpetrators. Forced to satisfy another 
person's sexual appetites whenever demanded of the victim, the victim may also be 
responsible for washing clothes, giving massages, cooking food, cleaning cells, and other 
myriad chores. The victims are frequently "rented out" for sex, sold, or even auctioned 
off to other inmates, replicating the financial aspects of traditional slavery. 
Prison rape is a serious human rights abuse that derails justice and destroys 
human dignity. This bill seeks to provide for the analysis of the incidence and effects of 
prison rape and to provide information, resources, recommendations, and punishment to 
protect individuals from prison rape. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
E3 
.IAN 29 ,’ :1 ’ 5 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROVIDE FOR THE ANALYSIS OF THE INCIDENCE AND EFFECTS 
OF PRISON RAPE AND TO PROVIDE INFORMATION, RESOURCES, 
RECOMMENDATIONS, FUNDING, AND PUNISHMENT 
TO PROTECT INDIVIDUALS FROM PRISON RAPE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Prison Rape 
Elimination Act of 2008.” 
SECTION 2. Declaration of Policy. - It is the policy of state to value the dignity 
of every human person and guarantee full respect for human rights. 
SECTION 3. Dejnition of Terms. - As used in this Act, the term: 
(A) “Prison” means any confinement facility of national, city, provincial, and 
municipal, whether administered by such government or by a private organization on 
behalf of such government, and includes - 
(1) any local jail or police lockup; and 
(2) any juvenile facility used for the custody or care of juvenile inmates. 
(B) “Jail” means a confinement facility of national, city, provincial, and 
municipal, or local law enforcement agency to bold - 
(1) persons pending adjudication of criminal charges; or 
(2) persons committed to confinement after adjudication of criminal 
charges for sentences of one (1) year or less. 
(C) “Police lockup” means a temporary holding facility of national, city, 
provincial, and municipal, or local law enforcement agency to hold - 
(1) inmates pending bail or transport to jail; 
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(2) inebriates until ready for release; or 
(3) juveniles pending parental custody. 
(D) “Prison rape” is committed by an inmate, under any circumstances mentioned 
in paragraph 1 and 2, Article 266-A of Revised Penal Code, in the actual or constructive 
control of prison officials. 
(E) “Inmate” means any person incarcerated or detained in any facility who is 
accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of 
criminal law or the terms and conditions of parole, probation, pretrial release, or 
diversionary program. 
(F) “Bureau” refers to the Bureau of Jail Management and Penology 
(G) “Panel” refers to the Review Panel on Prison Rape 
(H) “Prosecutor” refers to the Chief State Prosecutor 
SECTION 4. Purposes. - The purposes of this Act are as follows: 
(A) To establish a zero-tolerance standard for the incidence of prison rape in 
prisons in the Philippines; 
(B) To make the prevention of prison rape a top priority in each prison system; 
(C) To develop and implement national standards for the detection, prevention, 
reduction, and punishment of prison rape; 
(D) To increase the available data and information on the incidence of prison 
rape, consequently improving the management and administration of correctional 
facilities; 
(E) To standardize the definitions used for collecting data on the incidence of 
prison rape; 
(F) To increase the accountability of prison officials who fail to detect, prevent, 
reduce, or punish prison rape. 
SECTION 5. Annual Comprehensive Statistical Review. - 
(A) IN GENERAL. - The Bureau of Jail Management and Penology shall carry 
out, for each calendar year, a comprehensive statistical review and analysis of the 
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incidence and effects of prison rape. The statistical review and analysis shall include, but 
shall not be limited to the identification of the common characteristics of - 
(1) both victims and perpetrators of prison rape; and 
(2) prisons and prison systems with a high incidence of prison rape. 
(B) CONSIDERATIONS. - In carrying out paragraph (A), the Bureau shall 
consider- 
(1) how the Bureau should collect information about staff-on-inmate 
sexual assault; 
(2) how the Bureau should collect information beyond inmate self reports 
of prison rape; 
(3) how the Bureau should adjust the data in order to account for 
differences among prisons; 
(4) the categorization of prisons; 
(5) whether a preliminary study of prison rape should be conducted to 
inform the methodology of the comprehensive statistical review. 
(C) SOLICITATION OF VIEWS. - The Bureau shall solicit views from 
representatives of the following: Bureau of Correction, National Bilibid Prisons, 
Women’s Correctional, and Municipal jails; Department of Social Welfare and 
Development; former inmates; victim of prison rape advocates; researchers; and other 
experts in the area of sexual assault. 
(D) SAMPLING TECHNIQUES. - The review and analysis under paragraph (A) 
shall be based on a random sample, or other scientifically appropriate sample, of not less 
than ten percent (10%) of National Bilibid Prisons, Women’s Correctional, City jails, 
provincial and municipal prisons. The selection shall include at least one (1) prison from 
each city or province. The selection of facilities for sampling shall be made at the latest 
practicable date prior to conducting the surveys and shall not be disclosed to any facility 
or prison system official prior to the time period studied in the survey. Selection of a 
facility for sampling during any year shall not preclude its selection for sampling in any 
subsequent year. 
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(E) SURVEYS. - In carrying out the review and analysis under paragraph (A), the 
Bureau shall, in addition to such other methods as the Bureau considers appropriate, use 
surveys and other statistical studies of current and former inmates from a sample of 
municipal prisons. The Bureau shall ensure the confidentiality of each survey participant. 
SECTION 6. Review Panel on Prison Rape. - 
(A) ESTABLISHMENT. - There will be a Panel, established within the 
Department of Justice, to assist the Bureau in canying out the review and analysis under 
Section 5 paragraph A. 
(B) MEMBERSHIP. - 
(1) Composition. - The Panel shall be composed of three (3) members, 
each of whom shall be appointed by the Secretary of Justice, in consultation with 
the Secretary of Health and the Secretary of Social Welfare and Development. 
(2) Qualifications. - Members of the Panel shall he selected from among 
individuals with knowledge or expertise in matters to be studied by the Panel. 
(C) PUBLIC HEARINGS. - 
(1) IN GENERAL. - The duty of the Panel shall he to carry out, for each 
calendar year, public hearings concerning the operation of the three (3) provincial 
and municipal prisons with the highest incidence of prison rape and the two (2) 
prisons with the lowest incidence of prison rape. The Panel shall hold a separate 
hearing regarding the three (3) city, provincial or municipal prisons with the 
highest incidence of prison rape. The purpose of these hearings shall be to collect 
evidence to aid in the identification of common characteristics of both victims and 
perpetrators of prison rape, and the identification of common characteristics of 
prisons and prison systems with a high incidence of prison rape, and the 
identification of common characteristics of prisons and prison systems that appear 
to have been successful in deterring prison rape. 
(2) Testimony at hearings.- 
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(a) Public officials.- In carrying out the hearings required under 
subparagraph (C), the Panel shall request the public testimony of city, 
provincial and local officials, including the warden or director of each 
prison, who bears responsibility for the prevention, detection, and 
punishment of prison rape at each entity, and the head of the prison system 
encompassing such prison. 
(b) Victims. - The Panel may request the testimony of prison rape 
victims, organizations, representing such victims, and other appropriate 
individuals and organizations. 
(3) Subpoenas. - 
(a) Issuance. - The Panel may issue subpoenas for the attendance 
of witnesses and the production of documents or other matters. 
(b) Enforcement. - In the case of contumacy or refusal to obey a 
subpoena, the Secretary of Justice may in a court of appropriate 
jurisdiction obtain an appropriate order to enforce the subpoena. 
(D) REPORTS.- 
(1) Deadline. - Not later than June 30 of each year, the Secretary of Justice 
shall submit a report on the activities of the Bureau and the Panel, with respect to 
prison rape, for the preceding calendar year to - 
(a) Congress; 
(b) Secretary of Health and 
(c) Secretary of Social Welfare and Development 
(2) Contents.--The report required under paragraph (A) shall include- 
(a) with respect to the effects of prison rape, statistical, 
sociological, and psychological data; 
(b) with respect to the incidence of prison rape- 
(i) statistical data aggregated at the National, City, 
Provincial prison system, and prison levels; 
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(ii) a listing of those institutions in the representative 
sample, separated into each category identified under subsection 
(3)(g) and ranked according to the incidence of prison rape in each 
institution; and 
(iii) an identification of those institutions in the 
representative sample that appear to have been successful in 
deterring prison rape; and 
(iv) a listing of any prisons in the representative sample that 
did not cooperate with the survey conducted pursuant to Section 6. 
(E) DATA ADJUSTMENTS. - In preparing the information specified in 
paragraph (B), the Prosecutor shall use established statistical methods to adjust the data 
as necessary to account for differences among institutions in the representative sample, 
which are not related to the detection, prevention, reduction and punishment of prison 
rape, or which are outside the control of the State, prison, or prison system, in order to 
provide an accurate comparison among prisons. Such differences may include the 
mission, security level, size, and jurisdiction under which the prison operates. For each 
such adjustment made, the Attorney General shall identify and explain such adjustment in 
the report. 
(F) CATEGORIZATION OF PRISONS. - The report shall divide the prisons 
surveyed into three (3) categories. One category shall be composed of all national and 
local prisons. The other two categories shall be defined by the Prosecutor in order to 
compare similar institutions. 
(G) Contracts and Grants.--In carrying out its duties under this section, the 
Prosecutor may-- 
(a) provide grants for research through the Department of Justice; 
(b) contract with or provide grants to any other entity the Prosecutor 
deems appropriate. 
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SECTION 7. Prison Rape Prevention And Prosecution - 
(A) INFORMATION AND ASSISTANCE. - 
(1) National clearinghouse. - There will be a National Clearinghouse 
established within the National Bilibid Prisons and Women’s Correctional for the 
provision of information and assistance to local authorities responsible for the 
prevention, investigation, and punishment of instances of prison rape. 
(2) Training and education. - The National Bilibid Prisons and Women’s 
Correctional shall conduct periodic training and education programs for national, 
city, provincial and local authorities responsible for the prevention, investigation, 
and punishment of instances of prison rape. 
(B) REPORTS. - 
(1) R\T GENERAL. -Not later than September 30 of each year, the 
National Bilibid Prisons and Women’s Correctional shall submit a report to 
Congress and the Secretary of Health. This report shall be available to the 
Director of the Bureau. 
(2) CONTENTS. - The report required under paragraph (A) shall 
summarize the activities of the Department of Justice regarding prison rape 
abatement for the preceding calendar year. 
(C) PENALTY. - The prosecution for Prison Rape is equivalent to the penalty 
imposed in rape with aggravating/qualifying circumstances under the Republic Act No. 
8353 or otherwise known as “The Anti-Rape Law of 1997.” 
SECTION 8. Grants to Protect Inmutes and Safeguard Communities - 
(A) GRANTS AUTHORIZED. - From mounts made available for grants iinder 
this section, the Prosecutor shall make grants to assist the national, city, provincial, and 
municipal in ensuring that budgetary circumstances (such as reduced national and local 
spending on prisons) do not compromise efforts to protect inmates (particularly from 
prison rape) and to safeguard the communities to which inmates retum. The purpose o f 
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grants under this section shall be to provide funds for personnel, training, technical 
assistance, data collection, and equipment to prevent and prosecute prisoner rape. 
(B) USE OF GRANT AMOUNTS. - Amounts received by a grantee under this 
section may be used by the grantee, directly or through sub-grants, only for one or more 
of the following activities: 
(1) Protecting inmates.--Protecting inmates by- 
(a) undertaking efforts to more effectively prevent prison rape; 
(b) investigating incidents of prison rape; or 
(c) prosecuting incidents of prison rape. 
(5) Safeguarding communities.--Safeguarding communities by- 
(a) making available, to officials of national and local governments 
who are considering reductions to prison budgets, training and technical 
assistance in successful methods for moderating the growth of prison 
populations without compromising public safety, including successful 
methods used by other jurisdictions; 
(b) developing and utilizing analyses of prison populations and risk 
assessment instruments that will improve national and local governments' 
understanding of risks to the community regarding release of inmates in 
the prison population; 
(c) preparing maps demonstrating the concentration, on a 
community-by community basis, of inmates who have been released, to 
facilitate the efficient and effective - 
(i) deployment of law enforcement resources (including 
probation and parole resources); and 
(ii) delivery of services (such as job training and substance 
abuse t treatment) to those released inmates; 
(iii) promoting collaborative efforts, among officials of 
National and local governments and leaders of appropriate 
communities, to understand and address the effects on a 
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community of the presence of a disproportionate number of 
released inmates in that community; or 
(iv) developing policies and programs that reduce spending 
on prisons by effectively reducing rates of parole and probation 
revocation without compromising public safety. 
(C) GRANT REQUIREMENTS. - 
(1) Period. - A grant under this section shall be made for a period of not 
more than two (2) years. 
(2) Amount. - The amount of a grant under this Section shall be 
appropriated from the National Treasury. 
(3) Matching. - The National share of a grant under this section should not 
exceed fifty percent (50%) of the total costs of the project described in the 
application submitted under subsection. 
(4) for the fiscal year for which the grant was made under this section. 
@) APPLICATIONS. - 
(1) IN GENERAL. - To request a grant under this section, the chief 
executive of a City, Province, and Municipality shall submit an application to the 
Prosecutor at such time, in such manner, and accompanied by such information as 
the Prosecutor may require. 
(2) CONTENTS. - Each application required by paragraph (A) shall- 
(a) include the certification of the chief executive that the city, 
provincial, or municipal receiving such grant- 
(i) has adopted all national prison rape standards that, as of 
the date on which the application was submitted, have been 
promulgated under this Act; and 
(ii) will consider adopting all national prison rape standards 
axe promulgated under this A t after such date; 
that 
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(iii) 
specify 
with 
particularity 
the 
preventative, 
prosecutorial, or administrative activities to be undertake by the 
State with the amounts received under the grant; and 
(iv) in the case of an application for a grant for one or more 
activities specified in paragraph (B) of subsection (2), review the 
extent of the budgetary circumstances affecting the national 
generally; describe the rate of growth of the national, city, 
provincial, and municipal prison population over the preceding 10 
years and explain why the national may have difficulty sustaining 
that rate of growth; and explain the extent to which officials 
(including law enforcement officials) of national and local 
governments and victims of crime will be consulted regarding 
decisions whether, or how, to moderate the growth of the national, 
city, provincial and municipal prison population. 
(E) REPORTS BY GRANTEE. - 
(1) IN GENERAL. - The Prosecutor shall require each grantee to submit, 
not later than ninety (90) days after the end of the period for which the grant was 
made under this Section, a report on the activities carried out under the grant. The 
report shall identify and describe those activities and shall contain an evaluation 
of the effect of those activities on- 
(a) the number of incidents of prison rape, and the grantee's 
response to such incidents; and 
(b) the safety of the prisons, and the safety of the communities in 
which released inmates are present. 
(2) Dissemination. - The Prosecutor shall ensure that each report 
submitted under paragraph (1) is made available under the national clearinghouse 
established under Section 7. 
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SECTION 9. Appropriations. - To carry out the provisions of this Act, such 
amount as may be necessary is hereby authorized to be appropriated from the National 
Treasury. 
SECTION 10. Separability Clause. - If any provision or part hereof, is held 
invalid or unconstitutional, the remainder of the Act or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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