Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4243

Introduced by: Hon. Keith Micah “Atty. N

ike” D.L. Tan

AN ACT
TRANSFERRING THE SUPERVISION AND CONTROL OVER THE PROVINCIAL, SUB-PROVINCIAL
AND DISTRICT JAILS FROM THE PROVINCIAL GOVERNMENT TO THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975,
OTHERWISE KNOWN AS THE “DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT
OF 1990”

EXPLANATORY NOTE

As one of the five pillars of the Criminal Justice System, the Bureau of Jail Management
and Penology (BIMP) was created to address growing problem of jail management and
penology. Primarily, its clients are detainees accused before a court who are temporarily
confined in such jails while undergoing investigation, waiting final judgement and those who
are serving sentence promulgated by the court three (3) years and below.

As provided for under R.A. No. 6975, the BJMP is mandated to direct, supervise and
control the administration and operation of all district, city and municipal jails nationwide with
pronged tasks of safekeeping and development of Persons Deprived of Liberty (PDL), with the
exception of Provincial and Sub-Provincial Jails whose management and control is lodged under
their respective Provincial Governments.

At present, the initiative for transfer or turn-over emanates from the Local Government
Unit concerned, pursuant to Section 25 (c) of R.A 7160 or the Local Government Code of 1991
which states that, “The President may, upon the request of the Local Government Unit
concerned, direct the appropriate national agency to provide financial, technical or other forms
of assistance to local government units,” and operationalized through a memorandum of
agreement between the Provincial Government and the BJMP.

As of January 2011, out of 74 provincial jails nationwide, eleven (11) Provincial and four
(4) Sub-provincial Jails have already been turned over to the BJMP? in recognition of the BJMP’s
competence in the management of jails. For this purpose, the Standard Operating Procedures
Number 2011-01 was issued to standardize and provide smooth transition in the management
and operation of the jails being turned over to the BIMP, which provides among others, the
conditions of donation of property to BJMP, appropriation of the provincial government for its
maintenance and control, and detail of provincial government employees to the BJMP for full
operational control of the jail facilities.

Thus, in line with the government's present thrust to unify the country’s fragmented jail
system and in recognition of BIMP’s capability in the management and operation of jails in the

" hutps://www.bjmp.gov.ph/index.php/about-us/bjmp-profile
? BIMP-OPNS, Standard Operating Procedures Number 2011-01


country, this bill seeks to amend R.A 6975 by transferring the supervision and control of
Provincial and Sub-Provincial Jails to the BIMP previously under the administration and control
of their respective provincial governments, in order to streamline the management of existing
jails, to professionalize its management and prompt a more standard implementation of
policies. The transfer to BJMP will facilitate better management of provincial jails under
competent and highly trained personnel of BJMP thereby "maximizing the Bureau's resources
for efficient delivery of basic services for our persons deprived of liberty (PDLs)

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

J o—
Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon

Republic of the Philippines


HOUSE OF REPRESENTATIVES,
Quezon City

NINETEENTH CONGRESS
First Regular Session

juno, 4243

HOUSE BILL NO.

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
TRANSFERRING THE SUPERVISION AND CONTROL OVER THE PROVINCIAL, SUB-PROVINCIAL
AND DISTRICT JAILS FROM THE PROVINCIAL GOVERNMENT TO THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6975,
OTHERWISE KNOWN AS THE “DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ACT
OF 1990”

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

SECTION 1. Section 61 of the Republic Act No. 6975 is hereby amended to read as
follows:

“Section 61. Powers and Functions. ~ The Jail Bureau shall exercise supervision
and control over ALL PROVINCIAL, SUB-PROVINCIAL, DISTRICT, city and
municipal jails. [The Provincial jails shall be supervised and controlled by the
provincial government within its jurisdiction, whose expenses shall be subsidized
by the National Government for not more than three (3) years after the
effectivity of this Act.]

SEC. 2. Section 62, Chapter V of Republic Act No. 6975 is hereby amended to read as
follows:

"Section 62. Organization. - The Jail Bureau shall be headed by a Chief who
shall be assisted by a deputy chief.

The Jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL, city
and municipal jails each headed by a PROVINCIAL OR SUB-PROVINCIAL JAIL
WARDEN: Provided, That, in the case of large cities and municipalities, a district
jail with subordinate jails headed by a district jail warden may be established as
necessary.

XXX
SEC. 3. Section 63 of the same act is hereby amended to read as follows:

“SEC. 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, District, City
or Municipal Jail. - There shall be established and maintained in every
PROVINCE, SUB-PROVINCE, DISTRICT, city, and municipality a secured, clean
adequately equipped and sanitary jail for the custody and safekeeping of
PROVINCIAL, SUB-PROVINCIAL, DISTRICT, city and municipal prisoners, any
fugitive from justice, or person detained awaiting investigation or trial and/or
transfer to the national penitentiary, and/or violent mentally ill person who


endangers himself or the safety of the others, duly certified as such by the
proper medical or health officer pending he transfer to a medical institution.

The PROVINCIAL, SUB-PROVINCIAL, DISTRICT, municipal or city jail
service who shall assist in the immediate rehabilitation of individuals or
detention of prisoners shall preferably be headed by a graduate of a four (4) year
course in psychology, psychiatry, sociology, nursing, social work or criminology,
PUBLIC SAFETY, PENOLOGY, NATIONAL SECURITY ADMINISTRATION, DEFENSE
STUDIES OR OTHER RELATED DISCIPLES FROM A RECOGNIZED INSTITUTION OF
LEARNING, AND MUST HAVE SATISFACTORILY PASSED THE NECESSARY
TRAINING OR CAREER COURSES FOR SUPERINTENDENT POSITION AS MAY BE
ESTABLISHED BY THE JAIL BUREAU who shall assist in the immediate
rehabilitation of individuals or detention of prisoners. Great care must be
exercised so that the human rights of this prisoners are respected and protected,
and their spiritual and physical well-being are properly and promptly attended
to.”

SEC. 4. A new section denominated as Section 65-A is added to read as follows:

“SECTION 65-A. ~ PROVINCIAL JAIL ADMINISTRATOR, SUB-PROVINCIAL
JAIL ADMINISTRATOR. - THE HEADS OF PROVINCIAL AND SUB-PROVINCIAL
JAILS WITHIN THE PROVINCE SHALL HAVE THE RANK OF SUPERINTENDENT AND
SHALL BE APPOINTED BY THE CHIEF OF THE JAIL BUREAU, WHICH
APPOINTMENT MUST BE ATTESTED BY THE CIVIL SERVICE COMMISSION. THE
PROVINCIAL JAIL ADMINISTRATOR SHALL EXERCISE SUPERVISORY CONTROL
OVER THE PROVINCIAL, DISTRICT, CITY AND MUNICIPALITY JAIL IN THEIR
RESPECTIVE PROVINCES.”

SEC. 5. A new section denominated as 65-B is added to read as follows:

“SEC. 65-B. AUTHORITY OF THE CHIEF, BUREAU OF JAIL MANAGEMENT
AND PENOLOGY TO REORGANIZE PROVINCIAL JAILS. — THE CHIEF, BUREAU OF
JAIL MANAGEMENT AND PENOLOGY SHALL HAVE THE AUTHORITY TO
REORGANIZE EXISTING PROVINCIAL JAILS, INCLUDING ITS OFFICES AND
PERSONNEL; PROVIDED, THAT IN THE EXERCISE OF THIS POWER, THE SERVICES
OF THE PERSONNEL ASSIGNED THEREIN WHO HOLDS A PERMANENT
APPOINTMENT SHALL NOT BE TERMINATED BY REASON OF THE
REORGANIZATION.”

SEC. 6. Transitory Provision. - The management, supervision and control of provincial,
sub-provincial and district jails, including all its property, equipment, and finances, are hereby
transferred to the Bureau of Jail Management and Penology (BJMP).

The transfer, and/or absorption of functions, appropriations, funds, records, equipment,
facilities, choses in action, rights, and other assets of the Provincial and Sub-provincial Jails to
BJMP shall be without prejudice to the provisions of Republic Act No. 7160, otherwise known as
the Local Government Code of 1991, as amended, that are not inconsistent with this Act.

The incumbent personnel of provincial jails shall continue to perform their duties and
responsibilities in a holdover capacity until such time that qualified personnel, based on the
staffing pattern, have been assigned and appointed. The qualified incumbent personnel of
provincial jails may be absorbed by the jail bureau without loss of seniority.

Personnel who are not absorbed by the jail bureau shall be given preference in the filling-


up of vacancies in the provincial government of shall be allowed to retire under existing laws,
rules, and regulations.”

Sec. 7. Appropriations. - The existing appropriation of their respective provincial
governments for the operation and maintenance of provincial jails shall, after the enactment of
this Act, continue to be so appropriated for the purpose. Thereafter, the amount necessary for
the operation and maintenance of the provincial, sub-provincial and district jails by the BIMP
shall be included in the General Appropriations Act.

Sec. 8. Implementing Rules and Regulations. — Within ninety (90) days, the Department
of Interior and Local Government (DILG) and Bureau of Jail Management and Penology (BJMP)
shall issue the necessary rules and regulations for the effective implementation of this Act.

SEC. 9. Separability Clause. - If any provision or part of this Act is declared
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 10. Repealing Clause. — All other laws, decrees, executive orders, proclamations,
and other executive issuances which are not consistent with or contrary to the provisions of

this Act are hereby repealed or amended accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,