• )
EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
of tl)f jfcrcrrtiiry
'19 NOV-5 P3 24
SENATE
RECEf; ‘ D BY.
S. No. 11 4 P)
Introduced bv SENATOR LEILA M. DE LIMA
AN ACT
PROVIDING FOR MEDICAL PAROLE TO QUALIFIED PERSONS 
DEPRIVED OF LIBERTY AND SETT ING RULES ON THE GRANT
THEREOF
EXPLANATORY NOTE
Medical Parole or compassionate parole is one granted on humanitarian or 
medical grounds. It refers to the conditional release of a prisoner from a correctional 
institution on the grounds that he is suffering from a terminal illness or an incapacity 
that renders him incapable of managing his own affairs.
The condition in our prisons have also increased the mortality rate of persons 
detained of liberty (PDLs) who contracted illness or diseases during their 
incarceration. Ernesto Tamayo, hospital chief of the National Bilibid prison (NBP) in 
Muntinlupa, informs that the “mortality rate is 20%” for the NBP’s population of 
around 26,000, with most of the deaths occurring due to infectious diseases in 
overcrowded cells.1
While it is admitted that we need to improve our healthcare services, including 
those in our jails and correctional facilities, we can also look into the policy of granting 
medical parole to those who truly deserx e them.
Many studies have recommended the broader use of medical parole due to a 
number of factors, namely, an aging prison population, overcrowding, and rising 
deaths in custody, among others. The institutionalization of the medical parole not
1 Rey, Aika. "Bilibid hospital chief says 20% of maximum security inmates die every year." Rappler. (3 October 
2019). Retrieved from ; https://www.rappler.com /nation/241655-hospital-chief-m axim um -security-inm ates- 
die-every-year


only provides for a humane treatment of PDLs who are suffering from terminal illness 
or permanent incapacity, it also rationalizes the correctional practice by allowing the 
conditional release of PDLs wrho are no longer capable of serving their sentences within 
the correctional facilities due to their conditions.
This bill is meant to allowr PDLs to serv e out their sentence under the care of 
their families or seek better medical care outside the correctional facilities.
This proposed bill clarifies the mandate of Board of Pardons and Parole (BPP) 
to grant medical parole to PDLs who are suffering from terminal illness or permanent 
incapacity as provided in Act No. 4103, as amended, and standardizes the guidelines 
and necessarv’ requirements for expeditious grant of medical parole.
The grant of medical parole presupposes that the conditional release of a PDL 
will not constitute a threat to the safety’ of society-. The BPP shall likewise consider 
whether the condition of the PDL applving for medical parole will eliminate the 
likelihood of him or her committing another crime upon his or her release.
This bill also provides for a mechanism for citizens and interested parties to 
oppose any application as a matter of check against any improvident or ev^en 
fraudulent grant of medical parole.
In view of the foregoing, the passage of this measure is earnestly sought.
LEHLAM. DE LIMA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
■ 
oi tl)r ^ rri flarp
*19 NOV-5 P3 24
SENATE
S. No. 1146
Introduced bv SENATOR LEILA M. DE LIMA
AN ACT
PROVIDING FOR MEDICAL PAROLE TO QUALIFIED PERSONS 
DEPRIVED OF LIBERTY AND SEITIN G  RULES ON THE GRANT
THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled.
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SECTION 1. Shoi't Title. — This Act shall be known as the “Medical Parole Act
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of2020.”
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Sec. 2. Grant of Medical Parole. -  The Board of Pardons and Parole (BPP) may,
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upon its own initiative or upon application as provided in this Act, grant medical
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parole to a Person Deprived of Liberty (PDL) who suffers from the following
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conditions:
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a. Terminal illness, which is defined as having a prognosis of having a life
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expectancy of one (i) year or less, due to an incurable illness, disease, or
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condition; or
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b. Permanently and irreversibly incapacitated by a physical or medical
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condition that is not terminal, but which prevents the PDL from having
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sufficient understanding or capacity to competently manage his or her own
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affairs.
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Sec. 3. Medical Parole Application. -  PDLs or their authorized representatives
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under Section 4 of this Act may apply with the BPP for a medical parole. Their
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application must include a certification under oath by a licensed government physician
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containing the following:


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a. That the licensed government physician conducted due examination of the
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PDL;
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b. That based on said examination, there is a determination that the PDL suffers
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from a terminal illness, which is defined under this Act as having a prognosis of
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life expectancy of one (i) year or less due to an incurable illness, disease, or
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condition; or is permanently and irreversibly incapacitated by a physical or
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medical condition that is not terminal, but which prevent the PDL from having
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sufficient understanding or capacity to competently manage his or her own
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affairs;
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c. A detailed description of the physical condition, disease or syndrome suffered
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by the PDL and/or the PDL’s incapacity; and
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d. A prognosis addressing the likelihood of the prisoner’s recovery from the
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condition, disease or s>Tidrome and the extent of any potential recovery.
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Consideration for medical parole shall be in addition to any other parole for
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which a PDL may be eligible.
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Sec. 4. Authorized Representatives. -  The PDL or a PDL’s parent, grandparent,
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child, or sibling may apply for medical parole, in behalf of the PDL, by submitting the
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application in uTiting to the Chairman or Executive Director of the BPP.
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Sec. 5. Oppositions to the Grant of Medical Parole. -  The BPP shall regularly
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publish, online and in conspicuous places within the city or municipality where the
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PDL is serving sentence, any pending proceedings for grant of medical parole. Any
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person may object, through the filing of a verified opposition, to the grant of medical
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parole on the following grounds:
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a. The condition, disease, syndrome, or incapacity does not exist or its severity
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does not qualify the PDL for medical parole;
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b. The PDL’s release will constitute a threat to public safety; or
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c. The PDL is likely to commit an offense while on medical parole.
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The person who filed an opposition under the first ground shall pay for the cost
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of a second medical examination and accompanying diagnostic tests. The second
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medical examination shall be conducted by a different licensed government physician
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than the one who issued the original medical certification.


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Sec. 6. Period to Resolve Application. -  The BPP shall resolve the application 
in a summary' proceeding within one month from application by the PDL. This period 
maybe extended to tw'o months if there are oppositions.
apply:
Sec. 7. Eligibility. -  A PDL is eligible for medical parole if both the following
1. The BPP determines, based on the PDL’s medical condition and the w T itten 
diagnosis, that the PDL does not constitute a threat to public safety and is 
not likely to commit an offense while on medical parole; and
2. The BPP prepares a medical parole plan that ensures appropriate 
superxision and placement of the PDL.
Sec. 8. Conversion to Non-Medical Parole. — If the PDL who was granted 
medical parole recovers from the condition, disease, syndrome, or incapacity, the BPP 
may conx ert the medical parole to non-medical parole. BPP may impose any additional 
terms to ensure that the interests of the society xxill be protected.
Sec. 9. Periodic Examinations. -  The BPP may require as a condition of medical 
parole that the PDL agrees to periodic examinations and diagnoses at the PDL’s 
expense. The examining physician shall submit reports of each examination and 
diagnosis to the BPP.
Sec. 10. Release Credit Limit. -  The BPP shall not grant medical parole sooner 
than one year before the PDL’s parole or earned release credit date unless, based on 
medical information furnished to it, the BPP determines that the physical condition of 
the PDL is so serious that the PDL would not be reasonably expected to lix’e for more 
than one (1) year.
Sec. 11. Additional Requirement. -  Notwithstanding any other law, a PDL w'ho has 
serx ed ten consecutive years or more in prison shall not be paroled until the BPP first 
receives a report as to the PDL’s mental condition and ability to adjust to life outside 
the prison from a licensed psychiatrist or psychologist of the National Center for 
Mental Health (NCMH).
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Sec. 12. Non-disqualification. -  A grant or denial of medical parole does not affect
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a PDL’s eligibility for non-medical parole.


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Sec. 13. Implementing Rules and Regulations. -  The BPP, in consultation with
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relevant governmental entities and non-profit organizations, shall promulgate rules
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and regulations to implement the provisions of this Act within ninety (90) days from
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its effectivity.
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Sec. 14. Mandatory Evaluation and Reporting. -  Every four (4) years, the BPP
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shall conduct a mandatory review' of the implementation of this Act and submit a
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report of its findings to Congress.
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Sec. 15. Repealing Clause. - All laws, decrees, executive orders, and rules and
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regulations, or pails thereof, inconsistent with the provisions of this Act, are hereby
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repealed or modified accordingly.
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Sec. 16. Separability Clause. - If, for any reason, any section or provision of this
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Act is held unconstitutional or inv alid, the other sections or provisions hereof shall not
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be affected and thereby remain in full force and effect.
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Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication
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in the Official Gazette or in two (2) newspapers of general circulation.
Approved,