Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session
316

House Bill No.

Introduced by Honorable Roilo Golez

EXPLANATORY NOTE

This bill seeks to provide, consistent with the mandate imposed by the fundamental law and
international conventions on the matter, for the modernization of the jails and detention centers under the
control and supervision of the Bureau of Jail and Management and Penology (BJMP) to assuage wallowing
and inhuman conditions of confinement and degrading or discriminatory treatment brought about by
crowded, decrepit, or dilapidated buildings and penitentiary facilities. These conditions worsen as prisoner
population increase calling for jail expansion and modernization.

According to the BUMP Population Data (as of May 2007), over 60,010 inmates are fighting for
space in BJPM-supervised jails under pitiful and inhuman living conditions. Citing government projections,
Secretary Ronaldo V. Puno of the Department of Interior and Local Government (DILG) was quoted as
saying in an Editorial published in the 28 June 2007 of the Manila Times that ‘the total jail population in
BJMP-supervised jails could reach 89,000 in 2008, 101,250 in 2009 and 114,930 in 2010, way beyond the
capacity of these institutions”.

While part of a prisoner's punishment is deprivation of certain civil rights, every prisoner has rights
mandated and protected by the United Nations Standard Minimum Rules for the Treatment of Prisoners
(Resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXil) of 13 May 1977 approved by the Economic and
Social Council), the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and the Intemational Covenant on Civil and Political Rights which binds our country as a
member of the family of nations,

However at present, cramped or overcrowded spaces, dingy toilets, substandard meals, and
improper treatment of prisoners do violence to the country's obligation not only under international accords
but also in our fundamental law. The sad circumstance and conditions of the inmates and jails prevent
rehabilitation and instead dispense unjust and cruel punishment putting prisoners in a state of living death.
‘As pronounced in the oft-cited decision of the Harden v. Director of Prisons "[pJunishments are cruel when
they involve torture or a lingering death xxx‘aptly describing what may be said of the present system of
confinement in BUMP-supervised jail facilities.


As mentioned above, our fundamental law ~ the 1987 Constitution - complements the above
intemational covenants on the treatment of prisoners and with equal fervor proscribes against the
imposition of unjust and cruel punishment and the use of inadequate penal facilities, to wit

“(t)-Excessive fines shail not be imposed, nor cruel, degrading or inhuman gunishment inflicted,
Neither shail death penalty be imposed, unless, for compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua,

(2) The employment of physical, psychological, or degrading punishment against any prisoner or
detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt
with by law. (Section 19 of Article I of the 1987 Constitution)”

if our present prison system should carry out effectively its purpose to dispense punishment,
deterrence, reformation and rehabilitation, as well as the protection of society, itis imperative that the
physical facilites to implement these purposes must be upgraded not only for the better treatment of the
prisoners but also comply with our international human rights obligations. Thus, this reform is a must,

In view of the foregoing, the approval ofthe bill is strongly recommended



Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

louse BillNo._ 315

Introduced by Honorable Roilo Golez

AN ACT
PROVIDING FOR THE MODERNIZATION OF BUREAU OF JAIL MANAGEMENT AND PENOLOGY
(BUMP) JAILS PROVIDING THE FUNDS THEREOF AND FOR OTHER PURPOSES

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

Section 1. Short Title - This act shall be known as the “BJMP Jails Modernization Act of 2010".

Section 2. Declaration of Policy and Principles - It is hereby declared the policy of the State to
modernize the jails of the BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP) to a level where
the BJMP can effectively and fully perform its legal mandate to exercise supervision and control over all city
and municipal jails under Section 61 of Republic Act No. 6975 or the “Department of the Interior and Local
Government Act of 1990” and in the establishment and maintenance of secured, clean, adequately
equipped and sanitary jail in very district, city and municipality for the custody and safekeeping of city and
municipal prisoners pursuant to Section 63 of Republic Act No. 6975, consistent with the declared principle
for the professionalization of the BJMP under Republic Act No. 9263 or the "Bureau of Fire Protection and
Bureau of Jail Management and Penology Professionalization Act of 2004" for the maintenance of peace
and order, protection of life and liberty and property, and promotion of the general welfare essential for the
enjoyment by all the people of the blessings of democracy (Article II, Section 5 of the 1987 Constitution).

Section 3. Thrusts and objectives of the BJMP Modemization Program. tis the objective of
the modernization of BJMP jails to enhance public safety by providing humane safekeeping and
development of inmates in all district, city and municipal jail, and such program shall be consistent with the
following thrusts of the BJMP:


(@) Inmate's Welfare and Development;
(b) Inmate's Custody, Security & Control;
(c) Decongestion; and

(@) Good governance

Section 4. Period of Implementation - The modernization program under this Act shall be
implemented over a period of ten (10) years, Provided, however, That payments for amortization of
outstanding multi-year contract obligations incurred under this Act may extend beyond this period.

Section 5. Submission of the BJMP Modernization Program - Within ninety (90) days from the
effectivity of this Act, the BJMP Chief shall make a proposal or program on the modernization projects that
needs to be undertaken to the Secretary of Interior and Local Government and the Secretary of Budget and
Management stating the modemization projects under it such as the major infrastructure construction or
renovation, property acquisition, equipment and technology acquisition proposals, as well as the schedules
and estimated cost of each modernization project or reconstruction project divided in annual phases.

The Secretary of Interior and Local Goverment and the Secretary of Budget and Management
shall within thirty (30) days from receipt of such proposal from the BUMP Chief, submit to the President his
recommendation on the BJMP Modernization program as provided for in this Act.

Section 6. Appropriations for the BIMP Modernization Program - The amount necessary to carry
ut the initial implementation of this Act shall be charged against the current year’s appropriations of the
DILG. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be
included in the succeeding General Appropriations Act.

The said annual appropriations for the BJMP modemization program shall include the amounts
necessary to support the funding requirements for all modernization projects approved by the President
under the preceding section.

The funds to be appropriated by Congress under this Act shall be treated as a distinct and
‘separate budget item from the regular appropriation for the DILG and shall be administered by the
Secretary of Interior and Local Government.

Congress shall allocate for the implementation of the proposed BJMP modernization program the
sum of Ten billion pesos (P10,000,000,000) which shall be released in accordance with the proposed


annual implementation schedule as approved by the President acting upon the joint recommendation from
the Secretary of Interior and Local Government and Secretary of Budget and Management.

Section 7. Annual Report - The Secretary of Interior and Local Government and the Secretary of
Budget and Management shall submit to the Senate President and the Speaker of the House of
Representatives, not later than the end of the first quarter of the succeeding year following the
commencement of the implementation of the BJMP modernization program as provided in this Act, an
annual report on the status of the implementation of the said program.

Section 8. Separability Clause - If any portion or provision of this Act shall be declared
unconstitutional or invalid, the same shall no affect the validity and effectivity of the other provisions in this
Act not otherwise affected which shall remain in full force and effect.

Section 9 Repealing Clause - All laws, decrees, orders, rules and regulations, and other
issuances, or parts thereof, which are inconsistent with the provisions of this Act, are hereby deemed
repealed, amended or modified accordingly.

Section 10. Effectivity Clause - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes
earlier.

Approved,