HOLSL OF REPRESENTATIVES
RECEIVED

pared 2 AUG 2016

TIME: z Lee
*—E—
rerscPATON MINIT

BEES AVY Net SERVICE

Republic of the Philippines
HOUSE OF REPRESENATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, #344

INTRODUCED BY Hon. Mauyag “Jun” Papandayan, Jr.

EXPLANATORY NOTE

This bill proposes to post women prison guards or female staff performing custodial
work in jails and correctional facilities for women inmates, and to put these facilities under
the authority, control and supervision of women prison officers.

Republic Act No. 9710, known as the “Magna Carta of Women”, provides that:

“The State affirms women’s rights as human rights and shall intensify its efforts to
fulfill its duties under the international and domestic law to recognize, respect, protect,
‘fulfill, and promote all human rights and fundamental freedoms of women, especially
marginalized women, in the economic, social, political, cultural, and other fields without
distinction or discrimination on account of class, age, sex gender, language, ethnicity,
religion, ideology, disability, education and status.”

‘The United Nations’ standards on penology have shifted the focus from punitive to
reformation and rehabilitation of prisoners to prepare them for their return to the
mainstream society. However, the attainment of these standards becomes almost
impossible, especially with women inmates held in congested cells, detention wards, jails
and correctional facilities designed for men, and under the complete control and
supervision of male jail officials. Abusive male jail guards find little impediment to get
sexual thrills from hapless female prisoners.

One of the reasons behind this proposed bill is a true experience for many women
inmates. A husband visiting his wife who was serving her time in jail saw her sitting on


the lap of the prison official. When the husband berated his wife for behaving so, the wife
told him that it was better for her to have sexual relations with only one prison official than
having sex with all the prison guards who were stationed in their wards.

This is not an isolated case. Actually women inmates are abused, raped and forced
to submit to all kinds of demands from prison guards , wardens and officials who are
depraved enough to use their power to terrorize, beat and batter women into submission.
The aftermath of all these violations actually result to more crimes against women, as they
become pregnant, or suffer abortion, and even get sexually transmitted diseases from these
men who should be the ones to be jailed and punished for their lawlessness.

A study conducted by the DILG shows that rape and attempted rape are among the
most frequent forms of sexual harassment experienced by women inmates and detainees.
Many cases of sexual abuse of female prisoners are unreported mainly because of fear of
retaliation, humiliation, punishment from the harassers, for being blamed, shamed, and,
most cruel of all, of not being believed, The study reported that women inmates who had
suffered such abuses would rather remain silent because they know that they would suffer
more if they go against the male officials who hold their fate while they are in jail.

Prison officials have the power to grant or withhold simple privileges that make the
inmates’ lives in jails more bearable, including better food, and granting of visiting
privileges from loved ones. They can also recommend good conduct time that may reduce
the inmates’ sentence if they behaved well. And behaving well means that these women
cater to their demands anytime, anywhere. And they can also use these powers to blackmail
the women into silence.

Republic Act No. 10575, otherwise known as the “Bureau of Corrections Act of
2013”, mandates an ideal ratio of prison guard- to —inmate ratio at 1:7, while women
reformation personnel-to-women inmate ratio is at 1:24. However, this law is honored
more in its breach rather than in its observance because the present available prison guard-
to inmate in the Correctional Institute for Women alone is at 1:144 ratio. It is therefore to
ensure the implementation of Rep. Act No. 10575, by reiterating the provision in Sec. 5 of
this proposed law.

In view of the foregoing, the immediate passage of this bill is earnestly requested to

protect the vulnerable women inmates and help eliminate the occurrence of these abuses
perpetrated by male prison guards.

Hon. Mauyag “Jun” Papandayan, Jr.


weIAuaAwN—

Republic ofthe Bilippines

Hause of Representatives

Quezon City, Mote Manila

Seventeenth Congress
First Regular Session

HOUSE BILLNO,__ 2349

Introduced by Honorable Mauyag “Jun” Papandayan, Jr.

AN ACT
ENHANCING PROTECTION FOR WOMEN INMATES HELD IN
JAILS AND CORRECTIONAL FACILITIES

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

SECTION 1. Declaration of Policy. —It is hereby declared the policy of
the State to safeguard the basic rights of every prisoner especially women

ils or correctional facilities, promote their security

prisoners incarcerated in
and general welfare, and prepare them to be productive members of the society
upon their release from jails or correctional facilities.

SEC. 2. Coverage. — This Act covers municipal, city, and district jails
under the jurisdiction of the Bureau of Jail Management and Penology; the
various provincial jails under their respective provincial governments; and the

correctional facilities under the jurisdiction of the Bureau of Corrections which

Bill Drafting Service


20

21

are charged with the custody or reformation of women prisoners
incarcerated therein.

SEC. 3. Mandatory Posting of Women Prison Guards. — It is hereby
mandated that only women prison guards or female staff doing custodial work
shall be posted or assigned to jails or correctional facilities including the
quarters and dormitories therein where women inmates are incarcerated,
and in other parts of these facilities where the guards, warden or prison
personnel has direct control and supervision over women inmates.

SEC. 4. Control and Supervision of Facilities with Women Inmates. —
In institutions having both male and female prisoners, the section or part set

aside for women inmates shall be under the authority of a woman prison officer

who shall have control and supervision of the facilities.

SEC. 5. Hiring and Training of Additional Women Prison Guards. -To
ensure the effective implementation and to carry out the full intent of this
Act, the jails under the jurisdiction of the Bureau of Jail Management and
Penology, and the provincial governments and the correctional facilities under
the jurisdiction of the Bureau of Corrections, are hereby mandated to
maintain the women custodial personnel-to- women inmate ratio of 1:7 and
women reformation personnel-to-women inmate ratio of 1:24.

SEC. 6. Implementing Rules and Regulations. — Within ninety (90)

days after the approval of this Act, the Secretary of Justice and the Secretary of


the Interior and Local Government shall promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 7. Appropriations Clause, - The amount necessary for the
implementation of this Act in so far as it refers to municipal, city and district jails
shall be charged to the current appropriations for the Bureau of Jail Management
and Penology and Bureau of Corrections. Thereafter, such sum as may be
necessary for the continued implementation of this Act shall be included in the
annual General Appropriations Act.

The provincial governments shall be responsible for appropriating the
necessary amount needed for the implementation of this Act with regard provincial
jails.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation,

Approved,