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REPUBLIC OF THE PHILIPPINES ew po
HOUSE OF REPRESENTATIVES \% RY
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Quezon City InpeX ow
EIGHTEENTH CONGRESS
First Regular Session
House Bill No, _ 932

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IL

EXPLANATORY NOTE

Article III, Section 19 of the Constitution provides for the proper protection of any prisoner
or detainee against the employment of physical, psychological, or degrading punishment or
the use of substandard and inadequate penal facilities under subhuman conditions. Towards
this end, professionalism in the rehabilitation and treatment of prisoners, as well as other
problems faced by local jails and national prisons, should be sufficiently dealt with.

Throughout the country, the problem of congestion in jail facilities consequently causes jail
disturbance, escapes, substandard living conditions, poor sanitation and hygiene-related
diseases as the number of inmates in jails continue to increase. For this reason, an integrated
prison and jail system is considered necessary to improve correctional services and solve the
Jail congestion problem nationwide,

This proposed bill gives way to an integrated prison and jail system that particularly aims to:
1, Enhance coordination and harmonious relationship among personnel of the national,
provincial, sub-provincial, district, city, and municipal jails:
2. Avoid fraternization between jail personnel and prisoners through reshuffling of
personnel from one jail to another; and
3. Immediately respond to the logistical needs of each jail by easily adjusting the
expenses of every jail depending upon the number of its prisoner at a given time.

This bill further seeks to improve the existing penal system in the Philippines by abolishing
the Bureau of Corrections, Bureau of Jail Management and Penology, and the provincial jail
services being maintained by the provincial governments. In lieu thereof, a coordinated,
highly-efficient and competent corrections bureau, to be known as the Bureau of Correctional
Services, will be established.

This bureau will be responsible for the proper custody and rehabilitation of the inmates in the
national prisons, as well as in the provincial, sub-provincial, district, city, and municipal jails
in the country.

In view of the foregoing, the approval of this proposed bill is eaestly requested.



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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, _ 932

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN Il

AN ACT
INTEGRATING ALL THE NATIONAL, PROVINCIAL, SUB-PROVINCIAL, CITY,
AND MUNICIPAL JAILS, PLACING FOR THE PURPOSE THE BUREAU OF
CORRECTIONS, PROVINCIAL/SUB-PROVINCIAL JAILS AND THE BUREAU OF
JAIL MANAGEMENT AND PENOLOGY UNDER A NEW BUREAU TO BE
CALLED THE BUREAU OF CORRECTIONAL SERVICES, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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 "Jail Integration Act ".

SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the State to
establish a highly efficient and competent jail bureau which shall be responsible for the
Proper custody and rehabilitation of the inmates in the provincial, sub-provincial, district,
city, and municipal jails. Towards this end, the State shall promote an effective rehabilitation
program for the inmates; provide standard and adequate jail facilities; establish uniform
Buidelines and policies for the efficient management of the personnel and inmates of the
national prisons and the provincial, sub-provincial, district, city, and municipal jails; and
professionalize all the personnel thereof.

SEC. 3. Creation and Composition of the Bureau of Correctional Services. - The
Bureau of Correctional Services, hereinafter referred to as the Bureau, is hereby established
and constituted, which shall be placed under the direct control and supervision of the
Department of Justice (DOJ) and initially consisting of the Bureau of Corrections created
pursuant to Section 26, Chapter 8, Title III, Book IV of the Revised Administrative Code of
1987; the Bureau of Jail Management and Penology (BJMP) created pursuant to Republic
Act No. 6975; and the provincial, sub-provincial jail services maintained by the respective
provincial governments.

Detention centers and lock-up cells being maintained by the Armed Forces of the
Philippines, Philippine National Police (PNP), Boys Town, Girls Center, and other existing 6
youth rehabilitation centers shall not be considered as included herein.

SEC. 4. Functions and Jurisdiction of the Bureau, - The Bureau shall be responsible
for the safe and efficient custody and effective rehabilitation of the prisoners within territorial
limits of the Philippines in consonance with the Constitutional mandate provided for under


Section 19 (2) of Article II. It shall exercise supervision and control over all national prisons,
provincial, sub-provincial, district, city, and municipal jails, and perform such other functions
as may be necessary to carry out the policies set forth under Section 2 hereof.

The bureau of Correctional Services shall absorb the functions of the Bureau of
Corrections, BMP, and the provincial and sub-provincial jails maintained by their respective
provincial governments.

SEC. 5. Organizations and Key Positions. ~The head of the Bureau, to be known as
the Director, shall have the position and title of Chief of the Bureau and shall be assisted by
‘two (2) deputy chiefs, to be known as Deputy Directors, who shall have the title of Deputy
Chief for National Prisons and Deputy Chief for Local Jails, respectively, all of whom shall
be appointed by the President.

Each Deputy Director shall have two (2) assistants who shall have the position and
title of Assistant Chief for Management and Rehabilitation and Assistant Chief for Security
and Operations, respectively.

The Secretary of Justice shall prescribe the organizational structure, staffing pattern,
as well as the functions of key officers of the Bureau upon the effectivity of this Act.

SEC. 6. Maintenance of Adequately-Equipped and Sanitary Jails. - There shall be
established and maintained in every province, city and municipality a secured, clean,
adequately-equipped and sanitary jail for the custody and safekeeping of the prisoners,

There shall be established and maintained also a secured, clean, adequately-equipped
and sanitary jail for the custody of convicted prisoners who are serving sentence or awaiting
result of their appeals. The national jails shall refer to the existing national prisons and penal
colonies such as the New Bilibid Prison; Correctional Institution for Women; Iwahig Prison
and Penal Farm; Davao Prison and Penal Farm; Sablayan Prison and Penal Farm; Leyte
Regional Prison; and San Ramon Prison and Penal Farm.

SEC. 7. Custody and Treatment of Prisoners. - In the custody and treatment of the
herein mentioned prisoners, full respect for their human rights as well as their spiritual,
physical and general well-being shall be promoted,

Any person who employs physical, psychological, inhuman or degrading punishment
against any prisoner or detainee, or who appears responsible for the use of substandard on
inadequate penal facilities under subhuman conditions shall, in addition to whatever criminal
liability ha may incur under existing laws, be administratively liable for Grave Misconduct
pursuant to Civil Service laws, rules and regulations.

SEC. 8. Power of the Secretary of Justice to Categorize Prisoners. - Upon the
effectivity of this Act, the Secretary of Justice shall, after consultation with the Chief of the
Bureau, issue rules and regulations pertaining to the classification commitment and transfer
of the prisoners, taking into account their age, incorrigibility or recidivism, gravity if the
offense committed, penalty or sentence imposed on them, and such other factors as may help
in determining to which jail they shall be properly and appropriately placed under custody,
with the end in view of decongesting the jails and promoting the general welfare of the
prisoners.


SEC. 9. Transfer, Merger, and Absorption of the Offices and Personnel.- All
properties, equipment and finances of the provincial and sub-provincial jails; of the defunct
Bureau of Corrections and the national jails mentioned in Section hereof; and, of the defunct
BIMP and the existing district and city/municipal jails, shall be transferred to the Bureau. The
transfer, merger, and/or absorption of any government office concerned shall include the
functions, appropriate records, equipment, facilities, choses in action, assets, liabilities, if
any, and the personnel thereof who shall, unless removed for cause after observing due
process, in a holdover capacity, continue to perform their duties and responsibilities and
receive their corresponding salaries and benefits. Those personnel of the transferred, merged,
and/or absorbed office/tnit whose positions are not included in the new position structure and
staffing pattern approved by the DOJ, or who are not reappointed shall be given preference to
join the Bureau of Correctional Services or any of the offices thereunder or shall be allowed
to retire under existing laws, rules and regulations. Otherwise, they shall be deemed separated
and paid gratuity equivalent to one and one-fourth (1 4 ) months basic salary for every year
of service or a fraction thereof.

SEC. 10. Special Oversight Committee, - A Special Oversight Committee composed
of the Secretary of Justice as Chairman, the Secretaries of the Department of Interior and
Local Government and the Department of Budget and Management, the Chairman of the
Civil Service Commission, the Chief of the Bureau of Correctional Services, and the
Chairman of the Senate and House of Representatives Committees on Justice and Human
Rights as members, is hereby created. This Committee shall plan and oversee the expeditious
implementation of the transfer and absorption of the Bureau: the personnel, properties,
appropriations and installations of the Bureau of Corrections, including the national jails
mentioned in Section 3 hereof and the BJMP, including the existing provincial and sub-
provincial jails maintained by their respective provincial governments,

SEC. 11. Jmplementation. - The implementation of this Act shall be undertaken in
four (4) phases, to wit:

PHASE I - Inventory and absorption by the Bureau of all personnel, properties,
equipment, records, appropriations, and finances of the transferred and absorbed offices
mentioned in Section 9 hereof, to be completed within six (6) months from the effectivity of
this Act,

PHASE II - Recruitment of personnel to cover all district, city and municipal jail
Positions which, prior to the effectivity of this Act, have not yet been filled by the organic
personnel of the defunct BIMP, to be completed within six (6) months from the effectivity of
this Act. To accomplish the task of Phase Il, special funds therefor shall be appropriated upon
the effectivity of this Act. At the end of this phase, all these jail positions shall have been

filled by the organic personnel of the Bureau and removed from the supervision and control
of the members of the PNP.

PHASE III - Approval by the Secretary of Justice of the organizational structure of
the Bureau, and the preparation and filling up of its staffing pattern, to be completed within
twelve (12) months from the effectivity date hereof.

PHASE IV - Conversion of the rank of the uniformed personnel of the defunct BIMP
into its equivalent rank/position in the Bureau, and the rationalization of compensation:

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andretirement systems, taking into consideration the existing compensation schemes and
retirement and separation benefit systems of the transferred and absorbed offices mentioned
in Section 9 hereof, to ensure that no member of the Bureau shall suffer any diminution in
basic longevity and incentive pays, allowances and retirement benefits due them before the
creation of the Bureau, to be completed within two (2) years from the effectivity of this Act.
The Special Oversight Committee mentioned in Section 10 hereof shall be responsible for the
timely accomplishment of this phase.

Upon the effectivity of this Act, the present Bureau of Corrections as well as the
BIMP shall cease to exist. The incumbent Director of the defunct Bureau of Corrections shall
act as the Chief of the Bureau of Correctional Services until such time as helshe shall have
been replaced by the President.

SEC. 12. Retirement Age of Uniformed Personnel of the Defunct BJMP. - Any
uniformed personnel of the defunct BJMP who shall be absorbed by the Bureau may, upon
Teaching the age of fifty-six (56) years, retire in accordance with Republic Act No. 6975 as
implemented by the BIMP. If he opts to remain in the service, he shall be retired in
accordance with Government Service Insurance System (GSIS) Retirement System under
Presidential Decree No. 1146, as amended.

SEC. 13. Application of Civil Service Laws. - The Civil Service Law and its
implementing rules and regulations shall apply to all personnel of the Bureau,

SEC. 14. Funding. - For purposes of organizing and constituting the Bureau, and for
carrying out the provisions of this Act, the appropriations for the current fiscal year of the
transferred and abolished offices mentioned in Section 9 hereof shall be transferred to the
Bureau. Thereafter, such amounts as may be necessary to carry out the provisions of this Act
shall be included in the annual General Appropriations Act.

SEC. 15. Implementing Rules and Regulations. - Within six (6) months from the
effectivity of this Act, the Secretary of Justice shall, in coordination with the Bureau,
Promulgate rules and regulations necessary to ensure the effective implementation of this
Act.

SEC. 16. Separability Clause. - If any portion of this Act is declared unconstitutional,
the same shall not affect the validity and effectivity of the other provisions not affected
thereby.

SEC. 17. Repeating Clause. - All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.

SEC. 18. Effectivity. - This Act shall take effect after fifteen (15) days following its
Publication in the Official Gazette or in at least two (2) national newspapers of general
circulation,

Approved,