EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R e g u la r S essio n 
}
S 
E N A T, 
S.B. No. 
<
• V • 
' r 1. :
f ■; 
'r . !;r»
■19 
JUL -1 
A 9  ^ 0
In tro d u ced  by SENATOR VICENTE C. SOTTQUI
AN ACT
ESTABLISHING A DETENTION PROGRAM AND FACILITY FOR HIGH- 
LEVEL DRUG OFFENDERS WITHIN THE NATIONAL PENITENTIARY 
SYSTEM UNDER THE BUREAU OF CORRECTIONS, APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Recent news events prove and confirm the failure of the present 
treatm ent program and detention security m easures of the Bureau of 
Corrections in the m atter of containing and preventing high-level illegal- 
drugs inm ates from continuing their possession, trading and trafficking of 
illegal drugs while under detention. This circum stance is an area of grave 
concern for governm ent in particular and the whole Philippine society. As 
recent as the previous m onths of 2016, after a series of inspections/raids of 
the prem ises of the New Bilibid Prisons, several contraband items, including 
prohibited drugs, were confiscated. These incidents prove that convicted 
drug lords could continue their illegal drug business inside the prem ises of 
the national penitentiary, probably with the aid of regular inm ates with 
whom they are commingled.
The philosophy of penology recognizes the need to classify the 
prisoners into reasonable categories for rehabilitation, treatm ent and 
protection of society. 
This is one of the m andated responsibilities of the 
B ureau of Corrections in safekeeping inm ates and completely incapacitating 
them , especially high-level illegal-drugs offenders, while seiwing their 
sentences.
In light of these principles, and conscious of recent news events and 
circum stances evidencing the failure of the Bureau of Correction on the
1


m atter of the security of high-level illegal drug offenders and inm ates, the 
following bill is hereby proposed to operationalize the concept that udifferent 
categories of prisoners shall be kept in separate institutions or ports of 
institutions, taking account of their sex, age, criminal record, the legal reason 
for their detention and the necessities of their treatm ent...” The B ureau of 
Corrections Act of 2013, provides thus:
“SEC. 5. XXX
(c) ...iw nates shall also be intenmlly class!fed by the DRD and 
segregated according to crimes committed based on the related 
penal codes such as Crimes Against Persons, Crimes Against 
Properties, Crimes Against Chastity, so on and so forih, as well as 
by other related Special Laws, Custotn and Immigration Low s...”
The purpose of this bill, other than to decongest existing penal 
institutions and accomm odate the increasing num ber of inm ates com m itted 
to the existing seven (7) prison and penal farms, is to prevent the taking 
advantage of lax general rules for all inm ates that allow high-level illegal- 
drugs offenders to continue their nefarious activities. The aim s of this 
m easure are:
1) To keep the high-level illegal-drugs offenders in a separate 
penal facility and sever any existing influence on other inm ates; and,
2) To provide the high-level drug-offenders who are drug
dependents them selves an effective drug rehabilitation program  as an 
essential 
part of their reformation in preparation for their life
outside of the penitentiary. Thus, the passage of this bill will 
strengthen the nation’s fight against drug crimes.
In this conte.xt, passage of the m easure is earnestly requested.
VICENTE C. SOTTO III


EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
First Regular Session 
}
S 
E N A T 
S.B. N o .___
c (  
^ £
‘19 
JIJL-1 
A 9 :4 0
In tro d u ced  by SENATOR VICENTE C. SOTTO HI
AN ACT
ESTABLISHING A DETENTION PROGRAM AND FACILITY FOR HIGH- 
LEVEL DRUG OFFENDERS WITHIN THE NATIONAL PENITENTIARY 
SYSTEM UNDER THE BUREAU OF CORRECTIONS, APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assem bled:
1 
SECTION 1. S h o rt Title. -  This Act shall be known as the “Anti-Drug
2 
Penal Institution Act.”
3 
SECTION 2. D e cla ra tio n  o f Policy. - It is the policy of the State to
4 
prom ote the general welfare and safeguard the basic rights of every prisoner
5 
incarcerated in the national penitentiary. Furtherm ore, the State adheres to
6 
the basic principle th at the different categories of prisoners shall be kept in
7 
separate institutions or parts of institutions, taking account of their sex,
8 
age, crim inal record, the legal reason for their detention and the necessities
9 
of their treatm ent.
10 
SECTION 3. D efinition o f Term s.
11 
a) Anti-Drug Penal Institution -  the penal institution established for
12 
high-level drug offenders
13 
b) High-level drug offenders- those inm ates who are high-risk and
14 
high profile as determ ined by the Anti-Drug Board taking into
15 
consideration the following factors:
16 
L the offense for which the detainees were convicted
17 
ii. history of offenses comm itted


1 
Hi affiliations
2 
c) Inmates -  offenders convicted by the courts to senT  sentences of
3 
three years or more and kept at the prison facilities of the Bureau
4 
of Corrections
5 
d) Uninhabited place - is one where there are no houses at all, a place
6 
at a considerable distance from town, or where houses are
7 
scattered at a great distance from each other
8 
SECTION 4. C reatio n  o f th e  A nti-D rug P e n a l In stitu tio n . -There
9 
shall be established and m aintained a secured, clean, adequately equipped
10 
and sanitary national penitentiaiy for the custody and safekeeping of high-
11 
level drug offenders under the operation of the Bureau of Corrections.
12 
SECITON 5. Coverage. -  This Act shall apply to all the high-leyel drug
13 
offenders kept at the prison facilities of the Bureau of Corrections (BuCor).
14 
SECTION 6. L ocation o f th e  N atio n al P e n ite n tia ry . -  The Anti-Drug
15 
Penal Institution shall be built in a suitable public land to be determ ined by
16 
the BuCor.
17 
The penitentiary shall be highly secured and m ust be located in an
18 
uninhabited place to ensure any unw arranted contact or com m unication
19 
with those from the outside of the penal institution.
20 
SECTION 7. C reatio n  o f a n  A nti-D rug B o a rd - There shall be
21 
established an Anti-Drug Board, hereinafter referred to as the Board, that
22 
shall serve as overseer in the im plementation of policies related to the
23 
im plem entation of this Act, composed of the following members:
24 
(a) Secretary of Justice, as Chairperson;
25 
(b) Secretary of Interior and Local Government;
26 
(c) Secretary of Social Welfare and Development;
27 
(d) Director General of the Philippine Drug Enforcem ent Agency;
28 
(e) Chairm an of the Dangerous Drugs Board; and
29 
(f) Chairperson of the Commission on Human;


1 
The Vice-Chairperson shall be elected by its m em bers from am ong
2 
them selves every two (2) years.
3 
SECTION 8. T ra n sfe r o f In m ates -  The transfer of inm ates shall be
4 
headed by the BuCor. The BuCor may seek the assistance of the
5 
D epartm ent of Interior and Local Government (DILG), through the Philippine
6 
National Police (PNP), when the m eans of transporting the inm ates will be
7 
done through the use of an aircraft or vessel. The expenses in relation to the
8 
said transfer shall be charged against the budget of the BuCor.
9 
During the transfer of inm ates from the prison facilities of the BuCor
10 
to the Anti-Drug Penal Institution, they shall be exposed to public view a s
11 
little as possible, and proper safeguards shall be adopted to protect them
12 
from 
insult, 
curiosity 
and 
publicity 
in 
any 
form. 
Moreover, 
any
13 
inconvenience or unnecessary physical hardships on the inm ates while they
14 
are being transferred shall be jirohibited.
15 
Separate vehicles should be used for male and female prisoners.
16 
When the transfer has been fully executed, a report jointly prepared
17 
by the PNP and the BuCor shall be subm itted to the President of the Senate
18 
and the Speaker of the House of Representatives.
19 
SECTION 9. D u ratio n /P erio d  o f T ran sfe r o f P riso n e rs.- The
20 
transfer of inm ates shall be made within a period of 30 days from the
21 
completion of the construction of the Anti-Drug Penal Institution.
22 
SECnON 10. C onduct o f Inspection. -  An internal inspection, which
23 
is conducted by the prison adm inistration, and an external inspection,
24 
which is conducted by Anti-Drug Board, shall be conducted on a regular
25 
basis to ensure th at the institution is adm inistered in accordance with
26 
existing laws and regulations and to bring about the attainm ent of the
27 
objectives of the penal system.
28 
SECTION 11. C onduct o f R andom  D rug T esting. -  There shall be
29 
conducted a regular random  drug testing am ong the inm ates in the Anti-
30 
Drug Penal Institution. The random  drug testing shall be done by any
3


1 
forensic laboratories or by any of the drug testing laboratories accredited
2 
and m onitored by the D epartm ent of Health (DOH) to safeguard the quality
3 
of test results.
4 
SECTION 12. P ersonnel. -  A personnel-to-inm ate ratio lesser th an
5 
w hat is provided in Republic Act No. 10575, othem ise known as The
6 
B ureau of Corrections Act of 2013, to be determ ined by the Anti-Drug Board
7 
shall be followed. However, the qualification standards and training of
8 
personnel as provided in Republic Act No. 10575, and such other laws
9 
am ending the sam e or relative therein, shall be m aintained in the Anti-Drug
10 
Penal Institution.
11 
SECTION 
13. 
P e n ite n tia ry  F acilities. -  The Anti-Drug Penal
12 
Institution shall have the same design of prison facilities, reform ation and
13 
adm inistrative facilities as all the other prisons and penal farm s of the
14 
BuCor, such as, but not limited to, the following:
15 
a) Dormitoiy;
16 
b) Adm inistration building;
17 
c) Perimeter/.Security fences;
18 
d) Hospital/Infirmm'y;
19 
e) R ecreation/M ultipurposc hall;
20 
f) T raining/Lecture center;
21 
g) W orkshop facility;
22 
h) Mess hall/kitchen;
23 
i) Visiting area;
24 
j) W ater tank and pump;
25 
k) Reception and diagnostic center; and
26 
1) Service personnel facilities.
27 
In addition to the foregoing, the Anti-Drug Penal Institution shall have
28 
a drug abuse treatm ent and rehabilitation renter.
29 
SECTION 14. In fo rm atio n  T echnology S ystem s.- The BuCor shall
30 
m ake sure that there will be an effective and efficient information technology


1 
system s to be used in the build-up, m aintenance and transm ittal of
2 
necessaiy inm ate records to all the prison and penal farm s of the BuCor and
3 
other authorized governm ent agencies.
4 
SECTION 15. Im plem enting R ules a n d  R eg u latio n s -  W ithin six (6)
5 
m onths from the effectivity of this Act the Anti-Drug Board shall prom ulgate
6 
rules and regulations necessary to ensure the effective im plem entation of
7 
this Act.
8 
SECTION 16. i?cporforia? i^egufrernerifs.-T he Anti-Drug Board shall
9 
subm it a  biannual report to the President of the Senate and the Speaker of
10 
the House of Representatives starting from the com m encem ent of the
11 
construction of the Anti-Drug Penal Institution until its completion. Prior to
12 
the completion of the construction of the Anti-Drug Penal Institution, the
13 
report shall include the progress of the construction and the information on
14 
the application of the budget in relation to the aforesaid construction.
15 
When the prem ises of the Anti-Drug Penal Institution has been
16 
completed and occupied by the high-level drug offenders, the report on the
17 
statu s of the im plem entation of this Act shall be subm itted annually.
18 
SECTION 
17. 
F u n d in g  Source. - The funds required for the
19 
im plem entation of this Act shall be taken from the budget of the BuCor for
20 
the current fiscal year and also from the following:
21
24
25
(a) Collections from clearances and certification fees;
22 
(b) Income from institutional projects subject to m em oranda of
23 
agreem ents (MOAs), contracts or joint venture agreem ents; and
(c) O ther m iscellaneous incomes (outside MOAs and contracts), such as; 
(1) Penal farm agro-production; and
26
(2) Inm ate handicraft industry.
27 
Thereafter, such am ounts as may be necessaiy to im plem ent this Act
28 
shall be included in the annual General Appropriations Act.


1 
SECTION 18. S e p a ra b ility  C lause -  If any of provision of this Act is
2 
held invalid or unconstitutional, the same shall not affect the validity and
3 
effectivity of the other provisions hereof.
4 
SECTION 19. R ep ealin g Clause. -  All laws, decrees, orders, and
5 
issuances, or portions thereof, which are inconsistent with the provisions of
6 
this Act, are hereby repealed, am ended or modified accordingly.
7 
SECTION 20. Effectixnty Clause. -  This Act shall take effect fifteen
8 
(15) days after its publication in the Official Gazette or in two (2) new spapers
9 
of general circulation.
Approved,