FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No.l0S]· 
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INTRODUCED BY SEN. MANNY VILLAR· 
EXPLANATORY NOTE 
Motherhood is the most desired aspect of womanhood. Thus, the State ought to 
protect the life of the mother and the life of the unborn from conception. Therefore, 
mother and child 'bonding commences with the cutting of the umbilical cord. Parents are 
thus encouraged to spend quality time with their children particularly during infant years 
to ensure the child's physical, mental and emotional. development. Moreover, studies on 
child development strengthened the fact that bonding between mother and child is 
crucial in a/l phases of his development. However, unfortunate incidents such as 
incarceration of the mother in penal institutions cause forced separation of the mother 
and child as society strongly criticizes the idea of letting female inmates keep newborns 
with them behind bars because it is widely believed that prison is not a safe place to 
raise children and the prison facilities could not enhance a child's life. Contrary to the 
general belief that a newborn should not be joined. with the mother in prison, four (4) 
States in the United States, namely: Ohio, New York, Nebraska and Washington. have' 
already opened prison nurseries. They observed that out of a dozen women who nursed 
children behind bars, none has returned to prison and that motherhood became a tool 
that keep women prisoners from committing more crimes. 
This bill, therefore, seeks to establish the Correctional Nursery Program that shall 
provide prison nurseries with child care facilities for infants less than one (1) year of age 
in all Correctional Institutions for Women and provin'cial, city and municipal jails. Its main 
purpose is to promote the bonding of mother and child even when the mother is inside 
the prison cell, thus, enhance the reformation and rehabilitation of female inmates as 
various counseling activities are integrated in the Program. To ensure the safety of the 
child, inmates are screened for their eligibility to the Program, They shall be required to 
sign a written agreement detailing the rules and regulations for their compliance. 
Considering that a mother's love and care playa vital part in the child's character, 
nature and disposition and in order to achieve that shall bring them back into the 
mainstream of society, a Correctional Nursery Program need to be established to allow 
them to keep their babies with them instead of entrusting them to relatives and 
government institutions. Hence, prison nurseries snail benefit the mother, the child and 
society as a whole. 
In view of the foregoing, early passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. NolDSl 
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INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
ESTABLISHING A CORRECTIONAL NURSERY PROGRAM IN ALL 
CORRECTIONAL INSTITUTIONS FOR WOMEN, APPROPRIATING FUNDS 
THEREFOR 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 "Correctional Nursery 
Actof2010" 
SEC. 2. Statement of Policy. - It is hereby declared the policy of the State to 
protect and promote the right to health and well-being of its people and ensure that their. 
best interest is paramount in the formulation of its programs and policies. Towards this 
end, there is a need to provide and establish a Correctional Nursery Center for infants 
born from inmates in all Correctional Institutions for Women and female inmates at the 
provincial, city and municipal jails in the country. 
SEC. 3. The Correctional Nursery Program. - There shall be established a 
Correctional Nursery Program, hereinafter referred to as the Program, administered and 
managed by the Bureau of Jail Management and Penology (BJMP) and the Bureau of 
Corrections to enable physically and psychologically fit inmates in all correctional 
institutions for women, including provincial, city and municipal jails in the country to 
keep their infants with them during incarceration until one (1) year of age. It shall 
likewise provide arrangements for incarcerated pregnant women with childbirth 
accommodations and medical care outside the correctional or prison facilities. 
SEC. 4. Purposes of the Program. - The Correctional Nursery Program shall 
have the following purposes: 
a) Establish an Infant Care Center or nursery at a medium security correctional 
facility; 
b) Keep inmates from committing crimes while in custody through involvement in 
the various activities of the Program; 
c) Provide drug counseling services to those identified as substance abusers and 
educate incarcerated mothers on parenting skills and family relations; 
d) Evaluate, monitor and treat infants born to mothers with histories of substance 
abuse; and 
e) Increase the likelihood that released participants of the Program shall lead 
peaceful, productive and drug-free lives, thus, reduce recidivism. 
SEC. 5. Infant Care Center. - The Program shall include the establishment and 
operation of an Infant Care Center within the premises of the Correctional Institution for 
Women and the provincial, city and municipal jails to take charge in the care of the 
infants during the incarcerated mother's absence. Provided, however, That upon 


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reaching the age of one (1), the child shall be removed from the Infant Care Center and 
the Superintendent of the Correctional Institution for Women shall make arrangements 
for the child to be delivered to the proper persons or institutions for his/her custody. 
SEC. 6. Eligibility Requirements and Tern;Js of Participation. - To be eligible 
to the benefits under this Act, incarcerated women must have the following 
qualifications: 
a) Pregnant or has a child less than one 11) year old at the time she is delivered 
into the custody of the Correctional Institution for Women; 
b) Gives birth on or after the implementation of the Program; 
c) Physically and mentally fit and must not have a violent record; 
d) Execute a written agreement to abide with the following: 
1) Comply with any educational, counseling or other requirements established 
for the Program by the Correctional Institution for Women: 
2) Accept the normal risks of child bearing; 
3) Abide by any court decisions with respect to parental rights and 
responsibilities on the child; 
4) Assign to the Correctional Institution for Women her right to support from any 
other person; and 
5) Specify with whom the child is to be placed in the event of her termination 
from the Program by reason other than release from imprisonment; and 
6) Other internal regulations imposed by the correctional institution. 
SEC. 7. Birth and Care of Infants of Eligible Inmates. - Within a reasonable 
time before the anticipated birth of the child, the· Superintendent of the Correctional 
Institution for Women and the Warden of the Provincial, City and Municipal Jails shall 
cause the mother-inmate to be removed from the correctional facilities and jail 
premises, as the case may be, shall be provided with accommodations and medical 
care outside the institution, under the strict supervision and security to prevent her 
escape from custody. 
SEC. 8. Termination from the Program. - The eligible detainee described under 
Section 6 hereof may be terminated from the Program on the following grounds: 
a) Failure to comply with the written agreement under Section 6 (d) 
hereof; 
b) The inmate's child becomes seriously ill, failure of the mother to meet the 
medical criteria established by the institution for the Program, cannot safely 
participate in the program or has a violent record; 
c) Court order granting custody of the child to a person other than the inmate; 
d) Court order granting shared parenting of the child; 
e) Court order granting temporary, permanent or legal custody of the child to a 
person other than the inmate or to the Department of Social Welfare and 
Development (DSWD); and 
f) Mother-inmate is released from imprisonment; 
SEC. 9. Correctional Nursery Center FUild. In addition to the appropriations 
provided for under this Act, the Director of thE\ Bureau of Jail Management and 
Penology (BJMP) is hereby authorized to accept grants, gifts and other monetary 
donations from nongovernment or civic organizatibns and private individuals to defray 
the necessary expenses incurred by or for the mother in connection with her 
confinement or other related expenses during her pregnancy. The Fund shall likewise 
be utilized for financial assistance to the mother-participants upon their release. 
SEC. 10. Appropriations. - The amount necessary to carry out. The provisions 
of this Act shall be included in the General Appropriations Act of the year following its 
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enactment into law and thereafter. An initial amount of Fifty (50) Million Pesos shall be 
allocated for the first year of its implementation. 
SEC. 11. Implementing Rules and 
R~gulations. -
The Bureau of Jail 
Management and Penology (BJMP), in coordination with the Correctional Institution for 
Women, the Department of JU$tice (DOJ), the Department of Health (DOH) and the 
Department of Social Welfare and Development (DSWD) shall, within thirty (30) days 
from the effectivity of this Act, issue such rules and regulations necessary for the proper 
implementation of the provisions of this Act. 
SEC. 12. Repealing Clause. - All laws, rules and regulations or parts thereof, 
inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 
SEC. 13. Separability Clause. - If any part, section or provision of this Act shall 
be held invalid or unconstitutional, no other part, section or provisions thereof shall be 
affected thereby. 
SEC. 14. Effectivity. - This Act shall take effect after fifteen (15) days following 
its complete publication in at least two (2) newspapers of general circulation. 
Approved, 
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