Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2541

Authored by HON. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Female detainees/prisoners in the Philippines represent a
growing number, who are with particular needs that warrant particular
attention. As of June 2008, the Bureau of Jail Management and
Penology (BJMP) alone has recorded a total of 5,212 women inmates.
Of these 5,212 women inmates, nearly 5,000 of them have not yet
been sentenced. Unfortunately, however, despite the fact that under
the law they are still presumed innocent, they are already faced with
an even worse punishment of being subjected to different forms of
abuses, primarily brought by the inherent imbalance of power between
women inmates and security officers/personnel.

This imbalance of power is manifested in the easy use of direct
physical force and indirect force given the detainees'/prisoners' total
dependency on officers for basic necessities and their ability to
withhold privileges. Some women are lured into sex for favors such as
extra food or personal hygiene products, or to avoid punishment. The
abuse, including rape, inappropriate sexual touching, beatings,
excessive pat-downs and strip searches, and the use of sexualized
language, is a crude example of the power imbalance between prison
security personnel and women inmates.

Even more unfortunate is that these abuses remain unreported
because of widespread fear of retaliation by the perpetrators. This is
aggravated by the lack of a strict and concrete grievance or
investigatory procedures, which gives the detention/prison officers and
employees impunity to continuously perform such abuses since they
are rarely held accountable, administratively or criminally. This Bill,
therefore, seeks to protect all women in state custody, who are 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 provides for their rights and prescribes the minimum
standard rules for their treatment. 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
fail to act on the complaints.

In view of the foregoing, the passage of this Bill is earnestly
sought.

are

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2044

Authored by HON. JOSEPH VICTOR G. EJERCITO

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

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

SECTION 1. Short Title. - This Act shall be known as the
"Women in State Custody Act of 2010". 3

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

The responsibility of government authorities for the custody of
prisoners and for the protection of society against crime shall be
discharged in keeping with the State's other social objectives and its
fundamental responsibilities for 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 different forms of abuses. Towards this end, the State
shall exert efforts to address all forms of abuse committed against
women in state custody by prescribing and adopting the minimum
standard rules for their treatment as set forth in this Act and
penalizing acts made in violation thereof.

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 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. Register. (1) 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/prisoner received:

(a) Information concerning her identity;

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

(c) The day and hour of her admission and release.

SEC. 5. Separate Detention/Prison Cell and its Facilities. -
(a) Female detainees/prisoners shall at all times be held separately
from male detainees/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/prisoners.

(b) In every women's institutions there shall be special
accommodation for all necessary prenatal and post-natal care and
treatment, Arrangements shall be made wherever 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.

SEC. 6. Rights of Women in State Custody - In addition to
the existing rights provided for by law in favor of persons 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;

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


(d) No detained or imprisoned woman shall be subjected to any sexual
abuse such as, but not limited to, having carnal knowledge or making
any other form of sexual advancements; and

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

SEC. 7. Treatment of Women in Stare 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 the male security personnel be allowed entry to
Detention/prison facilities of women. Provided, however, that where
there is an inevitable situation, which needs the presence of male
security personnel in the detention/prison facilities for women, there
should be no contact between male security personnel and female
detainees/prisoners without the presence of female security personnel;
and

(c) In no 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, places of detention
and imprisonment, the Commission on Human Rights (CHR) shall
regularly visit and inspect the various women detention/prison cells
and facilities, which shall be made without prior announcement to the
agency concerned. 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 preceding paragraph of this Section, subject to reasonable
conditions to ensure security and good order in such places.

SEC. 9. Recruitment and Training of Police, Military and
Prison Personnel. - Each respective prison institution shall recruit an
adequate number of women police office officers to specialize in cases
of violence against women. All detention/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 Commission on Human Rights (CHR) or by duly
registered non-government 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, inhuman or degrading treatment, to the authorities
responsible for the administration of the place of
detention/imprisonment or other proper authorities. In those cases
where neither the detained or imprisoned person nor his counsel is
unable 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
concerning 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 ground 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
from other forms of abuses, threats, reprisals or any other form of
intimidation.

(b) The immediate respective heads of the detention/prison
institutions is 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 designated to 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 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/prisoner must be
investigated promptly and independently by the CHR. A medical
examination and an 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 occurs during her
detention or imprisonment, an inquiry into the cause of death or
disappearance shall be held by the CHR, at its own instance or at the
instance of a member of the family of such a person 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. Separability Clause. - If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not
affect the other provisions of this Act.

SEC. 16. Repealing Clause. - All laws, decrees, executive
orders, issuances, rules or regulations or parts thereof, which are
inconsistent with the provisions of this Act, are hereby deemed
repealed, amended or modified accordingly.

SEC. 17. Effectivity - This Act shall take effect sixty (60) days

after its publication in the Official Gazette and in two national
newspapers of general circulation.

Approved,