'03 J I 1 2(J 
1 
:oG 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
86 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
While there are still a number of persons who subscribe to the imposition of 
sentence to convicted persons as penalty and a form of retribution for the 
offense they have committed against the State, it is undeniable that recent 
development in criminal law has emerged verging away from this retributory 
nature of imposition of sentence. Gone are the days when a sentence is meted 
out simply to punish the offender and have him pay for what he did. Focus has 
been shifted from the criminal to the crime. Imposition of sentence has taken a 
new meaning, a new purpose. Whereas before, it's sole rationale is to castigate 
the convicted person, now it is look upon as a tool to rehabilitate a person gone 
wayward. 
Corollary to the concept of rehabilitating a sentenced person is the notion of 
reintegrating him into society. And what better way to fulfill these objectives 
than by having sentenced persons who have been deprived of their liberty as a 
result of their commission of a criminal offense the opportunity to serve their 
sentence within their own society. This is what is being sought by the various 
agreements entered into by the Philippines with other countries for the transfer 
of sentenced persons. 
The absence of a law laying down the procedure for the implementation of these 
transfer, of sentenced persons treaties leaves a chasm that urgently needed to 
be filled and which is proving to be detrimental to the Filipinos who continue to 
languish in jails in foreign lands. This bill seeks to fill that void. 
The provisions of the proposed bill shall govern the procedure in the 
implementation of treaties in effect prior to its approval and all other 
subsequent treaties. The respective treaties entered into by the Philippines with 
the foreign country where the sentenced person is presently detained, on the 
other hand, shall continue to govern non-procedural aspects involved in the 
transfer of sentenced Persons. 
The prompt and immediate passage of this bill deserves utmost attention. 


THIRTEENTH CONGRESS OF THE3 
S. No. 
~. 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
AN ACT PROVIDING THE PROCEDURE FOR THE IMPLEMENTATION OF 
TRANSFER OF SENTENCED PERSONS TREATIES ENTERED INTO BY THE 
PHILIPPINE GOVERNMENT WITH A FOREIGN COUNTRY, AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be cited as the “Philippine 
Transfer of Sentenced Persons Act.” 
SECTION 2. Definition of Terms. - For the purpose of this Act, the 
following terms are defined as follows: 
(a) 
“Transfer” means a movement of a sentenced person from one 
country to another for the purpose of continuing the service of the 
sentence imposed on him. 
“Sentenced Person” means any person whom a competent court 
found guilty of an offense and upon whom a penalty involving 
deprivation of liberty has been imposed. 
(b) 
(4 
“Transferring Country” means a country from which the 
sentenced person may be, or has been transferred. 
“Receiving Country,” means a country to which the sentenced 
person may be, or has been transferred. 
“Treaty” means a treaty between the Republic of the Philippines 
and one or more foreign countries or governments under which a 
person sentenced in the court of one country may be transferred 
to another country for the purpose of serving the sentenced 
imposed on him. 
“Secretary” means the head of the Department of Justice of the 
Republic of the Philippines or any official acting on his behalf or 
temporarily occupying and discharging the duties of that position. 
(d) 
(e) 
(Q 


(g) 
“Secretary of Foreign Affairs” means the head of the Department of 
Foreign Affairs of the Republic of the Philippines, or any official 
acting on his behalf or temporarily occupying and discharging the 
duties of that position. 
(h) 
“Foreign 
diplomat” 
means 
any 
authorized 
diplomatic 
representative of the transferring or receiving country and 
recognized as such by the Secretary of Foreign Affairs. 
SECTION 3. Applicability. 
(a) 
The provisions of this Act relating to the transfer of sentenced 
person shall be applicable only when a treaty providing for such 
transfer is in force, and shall only be applicable to transfers of 
sentenced person to and from a foreign country pursuant to such 
a treaty. 
A sentence imposed by a foreign country upon a 
sentenced person who is subsequently transferred to the 
Philippines pursuant to a treaty shall be subject to being fully 
executed in the Philippines even though the treaty under which 
the sentenced person was transferred is no longer in force. 
The provisions of this Act shall govern the procedure in the 
implementation of treaties in effect prior to the enactment of this 
Act and all other treaties subsequent to its enactment. 
The 
respective treaties entered into by the Philippines with the foreign 
country where the sentenced person is presently detained shall 
govern non-procedural aspects such as the specific conditions for 
eligibility involved in the transfer of sentenced persons. 
(b) 
SECTION 4. Authority ofthe Secretary. -The 
Secretary is authorized: 
(a) To act on behalf of the Philippines as the authority referred to in a 
treaty; 
(b) To receive custody of sentenced person under a sentence of 
imprisonment, on parole, or on probation from foreign countries and 
as appropriate confine them in penal or correctional institutions, or 
assign them to the parole or probation authorities for supervision; 
(c) To transfer sentenced persons under a sentence of imprisonment, on 
parole, or on probation to the foreign countries 
(d) To make regulations for the proper implementation of such treaties in 
accordance with this Act and to make regulations to implement this 
Act; 
(e) To render to foreign countries and to receive from them the 
certifications and reports required to be made under such treaties; 


(fj To make agreements and establish regulations for the transportation 
through the territory of the Philippines of sentenced persons 
convicted in a foreign country who are being transported to a third 
country for the execution of their sentences, the expenses of which 
shall be paid by the country 
requesting the transportation; 
(g) To make agreements with the appropriate authorities of a foreign 
country and to issue regulations for the transfer and treatment of 
juveniles who are transferred pursuant to treaty, the expenses of 
which shall be paid by the country of which the juvenile is a citizen or 
national; 
(h) In concert with the Secretary of Health, Education, and Social 
Welfare, to make arrangements with the appropriate authorities of a 
foreign country and to issue regulations for the transfer and 
treatment of individuals who are accused of an offense but who have 
been determined to be mentally ill; the expenses of which shall be 
paid by the country of which such person is a citizen or national; 
(i) To designate agents to receive, on behalf of the Philippines, the 
delivery by a foreign government of any sentenced person being 
transferred to the Philippines for the purpose of serving a sentence 
imposed by the courts of the foreign country, and to convey him to 
the place designated by the Secretary. 
(i) To delegate the authority conferred by this Act to officers of the 
Department of Justice, 
SECTION 5. 
Applicability of Philippine Law. - All laws of the 
Philippines, as appropriate, pertaining to prisoners, probationers, parolees, and 
juvenile sentenced persons shall be 
applicable to sentenced persons 
transferred to the Philippines, unless a treaty or this Act provides otherwise. 
SECTION 6. Procedure for Transfer; Request. 
(a) 
The Department of Justice shall inform the sentenced persons of 
their right to transfer pursuant to a treaty. 
When the receiving country is the Philippines, the request shall 
originate from the Secretary who shall forward the same to the 
Secretary of Foreign Affairs. The Secretary of Foreign Affairs shall 
address the request to the foreign diplomat of the transferring 
country. When the receiving country is the foreign country, its 
diplomat shall make the request to the Secretary of Foreign 
Affairs, 
If the Secretary of Foreign Affairs finds the request to be in order 
and to have met the requirements of this Act and the relevant 
(b) 
(c) 


treaty, he shall forward the request to the Secretary. 
The Secretary shall inform the receiving country through the same 
channels, of its decision on whether to approve or refuse the 
request for transfer. If the request for transfer is approved, both 
countries shall take all measures necessary for effectuating the 
transfer. 
Prior to making a request or making a decision on whether to 
grant a request, the Secretary, through the same channels used in 
making a request for transfer, shall make a request for relevant 
information, document and statements. 
If the Philippines is the transferring country, the Secretary shall 
provide the receiving country, through the same diplomatic 
channels, the following information: 
(1) 
A summary of the facts upon which the sentence was 
based, the text of the legal provision defining the offense 
and the conclusion of the court judgment 
The termination date of the sentence, the length of time 
already served by the sentenced person and any credits to 
which he is entitled on account of work done, good 
behavior, pre-trial confinement or other reasons 
A certified copy of all judgments and sentences concerning 
the sentenced person and of the law on which they are 
based 
Any other additional information requested by the receiving 
country so far as such information may be significant for 
the sentenced person’s transfer and for the enforcement of 
his sentence. 
(d) 
(e) 
(f) 
(2) 
(3) 
(4) 
(g) 
Upon request of the receiving country, the Philippines shall allow 
the designated official of the receiving country to verify that the 
consent of the sentenced person, or the person entitled to act in 
his behalf, has given his consent voluntarily and with full 
knowledge of the consequence thereof in accordance with 
SECTION 12 of this Act. Similarly, the consent of the sentenced 
person to be transferred from the Philippines shall be verified in 
accordance with SECTION 13. 
The transfer of the sentenced person shall occur on the date and 
place agreed upon by both countries 
(h) 
SECTION 7. Concurrent Request for Transfer. - In case transfer of the 
same sentenced person has been requested by two or more countries, the 
Secretary of Foreign Affairs in consultation with the Secretary, shall decide 


which of the several request shall be first considered, and copies of the decision 
shall be promptly be forwarded to the other requesting countries. 
SECTION 8. Transfer of Sentenced Person on Probation. 
(a)Prior to consenting to the transfer to the Philippines of a sentenced 
person who is on probation, the Secretary shall determine that the 
Probation Administration is 
willing and capable to undertake the 
supervision of the sentenced person. 
(b)Upon the receipt of a sentenced person on probation from the 
authorities of a foreign country, the Secretary shall cause the 
sentenced person to be brought before the Probation Administration 
which is to exercise supervision over the sentenced person. 
(c) The Probation Administration shall place the sentenced person under 
supervision of a probation officer. The sentenced person shall be 
supervised 
by a probation officer, under such conditions as are 
deemed appropriate as though a Philippine Court had imposed the 
probation. 
(d) The probation may be revoked in accordance with SECTION 15 of PD 
968, as amended (The Probation Law of 1976). If probation is revoked 
the 
suspended sentence imposed by the sentencing court shall be 
executed. 
(e) Prior to consenting to the transfer from the Philippines of a sentenced 
person who is on probation, the Secretary shall obtain the assent of 
the court exercising jurisdiction over the probationer, 
SECTION 9. 
Transfer of 
sentenced persons sewing sentence of 
imprisonment. 
(a) Except as provided elsewhere in this Act, a sentenced person serving 
a sentence of imprisonment in a foreign country transferred to the 
custqdy of the secretary shall remain in the custody of the Secretary 
under the same conditions and for the same period of time as a 
sentenced person who had been committed to the custody 
of the 
Secretary by a court in the Philippines for the period of time imposed 
by the sentencing court. 
(b) The transferred sentenced person shall be given credit toward service 
of the sentence for any days, prior to the date of commencement of 
the sentence, spent in custody in connection with the offense or acts 
for which the sentence was imposed. 
(c) (1) The transferred sentenced person shall be entitled to all credits for 
good time, for labor, or any other credit toward the service of the 
sentence which had been given by the transferring country for time 


served as of the time of the transfer. Subsequent to the 
transfer, 
the sentenced person shall in addition be entitled to credits toward 
service of sentence for good conduct and loyalty as provided under 
Articles 97 and 98 of the Revised Penal Code and similar laws. These 
credits shall be combined to provide a release date for the sentenced 
person. 
(2) If the country from which the sentenced person is transferred does 
not give credit for good time, the basis of computing the deduction 
from the sentence shall be the sentence imposed by the sentencing 
court and certified to be served upon transfer. 
(d) Any sentence for an offense against the Philippines, imposed while 
the sentenced person is serving the sentence of imprisonment 
imposed in a foreign country, shall be aggregated with the foreign 
sentence, in the same manner as if the foreign sentence 
was one 
imposed by a Philippines court for an offense against the Philippines. 
SECTION 10. Transfer of sentenced persons on parole; parole of sentenced 
persons transferred 
(a) Upon the receipt of a sentenced person who is on parole from the 
authorities of a foreign country, the Secretary shall assign the sentenced 
person to the Board of Pardons and Parole for supervision. 
(b) The Board of Pardons and Parole shall have the same powers and duties 
with reference to a sentenced person transferred to the Philippines to 
serve a sentence of imprisonment or who at the time of transfer is on 
parole as they 
have with reference to a sentenced person convicted in 
a court of the 
Philippines except as otherwise provided in this Act or in 
the pertinent treaty. 
(c) A sentenced person transferred to the Philippines to serve a sentence of 
imprisonment may be released on parole in accordance with the 
provisions of Act No. 4103, as amended (The Indeterminate Sentence 
Law). 
SECTION 11. Consent- In order for a sentenced person to be transferred, 
both the transferring and the receiving country must agree to the transfer. The 
sentenced person himself must also give his consent to the transfer. Provided 
that if at the time of transfer the sentenced person is under eighteen years of 
age, or is deemed by the verifying officer to be mentally incompetent or 
otherwise incapable of knowingly and voluntarily consenting to the transfer, the 
transfer shall not be accomplished unless consent to the transfer be given by a 
parent or guardian, guardian ad litem, or by an appropriate court of the 
sentencing country. 


SECTION 12. Verification of consent of sentenced person to transfer from the 
Philippines 
(a) Prior to the transfer of a sentenced person from the Philippines, the fact 
that the sentenced person consents to such transfer and that such 
consent is voluntary and with full knowledge of the consequences shall 
be verified by a Philippines judge. Should the receiving country request, 
a person officially designated by it shall verify. 
(b) The verifying officer shall inquire of the sentenced person whether he 
understands and agrees that the transfer will be subject to the following 
conditions : 
(1) Only the appropriate courts in the Philippines may modify or set 
aside the conviction or sentence, and any proceedings seeking 
such action may only be brought in such courts; 
(2) The sentence shall be carried out according to the laws of the 
country to which he is to be transferred and that those laws are 
subject to change; 
(3) If a court in the country to which he is transferred should 
determine upon a proceeding initiated by him or on his behalf 
that his transfer was not accomplished in accordance with the 
treaty or laws of that country, he may be returned to the 
Philippines for the purpose of completing the sentence if the 
Philippines requests his return; and 
(4) His consent to transfer, once verified by the verifying officer, is 
irrevocable. 
(c) The verifying officer, before determining that a sentenced person's 
consent is voluntary and given with full knowledge of the consequences, 
shall advise the sentenced person of his right to consult with counsel as 
provided by this Act. If the sentenced person wishes to consult with 
counsel before giving his consent, he shall be advised that the 
proceedings will be continued until he has had an opportunity to consult 
with counsel. 
(d) The verifying officer shall make the necessary inquiries to determine that 
the sentenced person's consent is voluntary and not the result of any 
promises, threats, or other improper inducements, and that the 
sentenced person accepts the transfer subject to the conditions set forth 
in subsection (b). The consent and acceptance shall be on an 
appropriate form prescribed by the Secretary. 
(e) The proceedings shall be taken down by a reporter or recorded by 
suitable sound recording equipment. 
The Secretary shall maintain 
custody of the records, 


SECTION 13. Verification of consent of sentenced person to transfer to the 
Philippines. 
(a) Prior to the transfer of an sentenced person to the Philippines, the fact 
that the sentenced person consents to such transfer and that such 
consent is voluntary and with full knowledge of the consequences 
thereof, shall be verified in the country in which the sentence was 
imposed by a Secretary of the embassy or legation, consul-general, 
consul, vice-consul or consular agent or by any officer in the foreign 
service of the Philippines stationed in the said foreign country. 
(b) The verifying officer shall inquire of the sentenced person whether 
he 
understands and agrees that the transfer will be subject to the 
following conditions: 
(1) Only the country in which he was convicted and sentenced can 
modify or set aside the conviction or sentence, and any 
proceedings seeking such action may only be brought in that 
country; 
(2) The sentence shall be carried out according to the laws of the 
Philippines and that those laws are subject to change; 
(3) If a Philippines court should determine upon a proceeding 
initiated by him or on his behalf that his transfer was not 
accomplished in accordance with the treaty or laws of the 
Philippines, he may be returned to the country which imposed 
the sentence for the purpose of completing the sentence if that 
country requests his return; and 
(4) His consent to transfer, once verified by the verifying officer, is 
irrevocable. 
(c) The verifying officer, before determining that an sentenced person's 
consent is voluntary and given with full knowledge of the 
consequences, shall advise the sentenced person of his right to 
consult with counsel as provided by this Act. If the sentenced person 
wishes to consult with counsel before giving his consent, he shall be 
advised that the proceedings will be continued until he has had an 
opportunity to consult with counsel. 
(d) The verifying officer shall make the necessary inquiries to determine 
that the sentenced person's consent is voluntary and not the result of 
any promises, threats, or other improper inducements, and that the 
sentenced person accepts the transfer subject to the conditions set 
forth in subsection (c). The consent and acceptance shall be on an 
appropriate form prescribed by the Secretary. 
(e) The proceedings shall be taken down by a reporter or recorded by 


suitable sound recording equipment. The Secretary shall 
maintain 
custody of the records. 
SECTION 14. 
Right to counse2, appointment of counsel - In the 
proceedings to verify consent of an sentenced person for transfer, the sentenced 
person shall have the right to advice of counsel. If the sentenced person is 
financially unable to obtain counsel, a counsel for the proceedings shall be 
appointed 
SECTION 15. Loss of rights, disqualification - An sentenced person 
transferred to the Philippines to serve a sentence 
imposed by a foreign court 
shall not incur any loss of civil, political, or civic rights nor incur any 
disqualification. 
SECTION 16. Return of transferred sentenced persons 
(a) Upon a find decision by the courts of the Philippines that the transfer of 
the sentenced person to the Philippines was not in accordance with the 
treaty or the laws of the Philippines and ordering the sentenced person 
released' from serving the sentence in the Philippines the sentenced 
person may be returned to the country from which he was transferred to 
complete the sentence if the country in which the sentence was imposed 
requests his return. The Secretary shall notify the appropriate authority 
of the transferring country, within ten (10) days, of a final decision of a 
court of the Philippines ordering the sentenced person released. The 
notification shall specify the time within which the sentencing country 
must request the return of the sentenced person which shall be no 
longer than thirty days. 
(b) Upon receiving a request from the transferring country that the 
sentenced person ordered released be returned for the completion of his 
sentence, the Secretary may file a complaint for the return of the 
sentenced person with a court within whose jurisdiction the sentenced 
person is found. The complaint shall be upon oath and supported by 
affidavits establishing that: 
(1) The sentenced person was convicted and sentenced by the courts 
of the transferring country to which his return is requested; 
(2) The sentenced person was transferred to the Philippines for the 
execution of his sentence; 
(3) The sentenced person was ordered released by 
a court of the 
Philippines before he had completed his sentence 
because the 
transfer of the sentenced person was not in accordance with the 
treaty or the laws of the Philippines; 


(4) And that the sentencing country has requested that he be 
returned for the completion of the sentence. 
There shall be attached to the complaint a copy of the sentence of 
the sentencing court and of the decision of the court which ordered the 
sentenced person released. 
A summons or a warrant shall be issued by the court ordering the 
sentenced person to appear or to be brought before the issuing authority. 
If the court finds that the person before him is the sentenced person 
described in the complaint and that the facts alleged in the complaint are 
true, he shall issue a warrant for commitment of the sentenced person to 
the custody of the Secretary until surrender shall be made. 
The 
findings and a copy of all the testimony taken before him and of all 
documents introduced before him shall be transmitted to the Secretary, 
that a Return Warrant may issue upon the requisition of the proper 
authorities of the transferring country, for the surrender of sentenced 
person. 
(c) A complaint referred to in subsection (b) must be filed within sixty days 
from the date on which the decision ordering the release of the sentenced 
person becomes final. 
(d) A sentenced person returned under this Act shall be subject to the 
jurisdiction of the country to which he is returned for all purposes. 
(e) The return of a sentenced person shall be conditioned upon the 
sentenced person being given credit toward service of the sentence for 
the time spent in the custody of or under the supervision of the 
Philippines. 
SECTION 17. Execution of sentences imposing an obligation to make 
restitution or reparations - If in a sentence issued in a penal proceeding of a 
transferring country a sentenced person transferred to the Philippines has been 
ordered to pay a sum of money to the victim of the offense for 
damage caused 
by the offense, that penalty or award of damages may be enforced as though it 
were a civil judgment rendered by a Philippine court. Proceedings to collect the 
moneys ordered to be paid may be instituted by the Secretary in a court of 
competent jurisdiction. Moneys recovered pursuant to such proceedings shall 
be transmitted through diplomatic channels to the treaty authority of the 
transferring country for distribution to the victim. 
SECTION 18. Jurisdiction in Proceedings Relating to Transfer of Sentenced 
Persons 


(a) The transferring country shall have exclusive jurisdiction over 
proceedings seeking to challenge, modify or set aside a conviction or 
sentence handed down by a court of such country. 
(b) The Philippines shall have exclusive jurisdiction over all proceedings 
pertaining to the manner of execution in the Philippines of a 
sentenced imposed by a foreign court as well as to any challenge to 
the validity of the transfer to and from the Philippines. 
SECTIONl9. Cost. -The cost incurred in the transportation of the 
sentenced person and those brought about by the continued enforcement of the 
sentence after transfer shall be borne by the receiving party. Provided that the 
Secretary may seek to recover a portion or the whole amount corresponding to 
the transport cost. 
SECTION 20. Appropriations - The amount of One Million Pesos (Pl, 
000,000.00) is hereby appropriated yearly from the General Fund to be 
administered by the Department of Justice. 
SECTION 2 1. 
Implementing Rules and Regulations. 
-- The Secretary 
shall promulgate the appropriate rules and regulations within two (2) months 
from its approval to implement this Act. 
SECTION 22. Separability Clause. If any portion or provision of this Act 
is declared unconstitutional or invalid, the other portions or provisions hereof 
which are not affected thereby shall continue in full force and effect. 
SECTION 23. Effectivity Clause. This Act shall take effect fifteen days 
following its publications in the Official Gazette or in any two newspapers of 
general circulation. 
Approved,