FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regu/ar Session 
SENATE 
Senate Bill No. 
735 
) 
) 
) 
• t. '- : -
(}fFfCc ~J~ or ( 
10 
JUl -7 P 4 :17 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Female detainees/prisoners in the Philippines represent a growing 
number, who are with particular needs that warrant particular attention. As of 
June 2008, the Bureau of Jail Management and Penology (BJMP) alone has 
recorded a total of 5,212 women inmates. Of these 5,212 women inmates, nearly 
5,000 of them have not yet been sentenced. Unfortunately, however, despite the 
fact that under the law they are still presumed innocent, they are already faced 
with an even worse punishment of being subjected to different forms of abuses, 
primarily brought by the inherent imbalance of power between women inmates 
and security officers/personnel. 
This imbalance of power is manifested in the easy use of direct physical 
force and indirect force given the detainees'/prisoners' total dependency on 
officers for basic necessities and their ability to withhold privileges. Some women 
are lured into sex for favors such as extra food or personal hygiene products, or 
to avoid punishment. The abuse, including rape, inappropriate sexual touching, 
beatings, excessive pat-downs and strip searches, and the use of sexualized 
language, is a crude example of the power imbalance between prison security 
personnel and women inmates. . 
Even more unfortunate is that these abuses remain unreported because of 
widespread fear of retaliation by the perpetrators. This is aggravated by the lack 
of a strict and concrete grievance or investigatory procedures, which gives the 
detention/prison officers and employees impunity to continuously perform such 
abuses since they are rarely held accountable, administratively or criminally. This 
Bill, therefore, seeks to protect all women in state custody, who are under 
detention for investigation and/or trial for an alleged commission of an offense or 
crime, or have already been sentenced with imprisonment by final judgment, 
irrespective of the place of their detention or imprisonment. It provides for their 
rights and prescribes the minimum standard rules for their treatment. Further, it 
establishes mechanisms for proper redress of complaints of women inmates and 
makes the heads of the detention/prison institution directly accountable should 
he fail to act on the complaints. 
In view of the foregoing, the passage of this Bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 735 
) 
) 
) 
.' , 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROTECTING WOMEN IN STATE CUSTODY, PRESCRIBING THE MINIMUM 
STANDARD RULES FOR THEIR TREATMENT, PENALIZING ACTS IN 
VIOLATIONS THEREOF AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Women in 
State Custody Act of 2010". 
SEC. 2. Declaration of Policy - The State recognizes the rights of every 
woman under its custody and shall, therefore, endeavor to protect them from the 
different abuses in which they are often being subjected to while in detention or 
imprisonment. 
The responsibility of govemment authorities for the custody of prisoners 
and for the protection of society against crime shall be discharged in keeping with 
the State's other social objectives and its fundamental responsibilities for 
promoting the well-being and development of all members of society, specifically 
of women in state custody, who by their inherent special circumstances, are 
more susceptible to different forms of abuses. Towards this end, the State shall 
exert efforts to address all forms of abuse committed against women in state 
custody by prescribing and adopting the minimum standard rules for their 
treatment as set forth in this Act and penalizing acts made in violation thereof. 
SEC. 3. Coverage. - This Act shall apply to all women in state custody, 
whether under detention for investigation and/or trial for an alleged commission 
of an offense or crime, or have already been sentenced with imprisonment by 
final judgment, irrespective of the place of their detention or imprisonment. 
It shall cover all detention and prison facilities where there are women 
inmates, such those operated by the Bureau of Corrections (SuGar), the Bureau 
of Jail Management and Penology (BJMP), the Local Government Units (LGU), 
the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) 
and the Department of Social Welfare and Development (DSWD). 
SEC. 4. Register. (1) In every place where women are detained or 
imprisoned, there shall be kept a bound registration book with numbered pages, 
exclusively dedicated to womer detainees and prisoners in which hereunder 
information shall be entered ,in respect of each woman detainee/prisoner 
received: 


(a) Information concerning her identity; 
(b) The reasons for her commitment and the authority therefor; 
(c) The day and hour of her.admission and release. 
SEC. 5. Separate Detention/Prison Cell and its Facilities. - (a) Female 
detainees/prisoners shall 
at all 
times be 
held 
separately from 
male 
detainees/prisoners. For this purpose, separate cells and facilities for women 
shall form part of the standard design in the construction and improvement of 
jails and its facilities. Provided that, in an institution, which presently receives 
both men and women, there shall be an entirely separate building, in which the 
whole 
of 
the 
premises 
shall 
be 
allocated 
exclusively 
to 
women 
detainees/prisoners. 
(b) In every women's institutions'there shall be special accommodation for all 
necessary prenatal and post-natal care and treatment, Arrangements shall be 
made wherever practicable for children to be born in a hospital outside the 
institution. If a child is born in prison, this fact shall not be mentioned in the birth 
certificate. 
SEC. 6. Rights of Women in State Custody - In addition to the existing 
rights provided for by law in favor of persons under detention or in prison, all 
women in state custody shall have the following rights: 
(a) Every woman in state custody shall be treated in a humane manner and with 
respect for the inherent dignity of the human person and with particular regard to 
the special circumstances of womanhood; 
(b) Detention or imprisonment shall only be carried out strictly in accordance with 
the provisions of the law and by competent officials or persons authorized for that 
purpose; 
(c) No woman under any form of ,'detention or imprisonment shall be subjected to 
torture or to cruel, inhuman or degrading treatment or punishment and no 
circumstance whatever may be invoked as a justification for such acts; 
(d) No detained or imprisoned woman shall be subjected to any sexual abuse 
such as, but not limited to, having carnal knowledge or making any other form of 
sexual advancements; and 
(e) Any woman shall, at the commencement of detention or imprisonment, or 
promptly thereafter, be provided by the authority responsible for his detention or 
imprisonment, respectively with information on and an explanation of her rights 
and how to avail herself of such rights. 
SEC. 7. Treatment of ,Women in Stare Custody. - Each of the 
governmental agencies cited in Section 3 hereof shall at all times strictly 
implement the following: 
(a) Female security personnel shall always be present during the interrogation of 
women detainees; 
(b) At no time shall the male security personnel be allowed entry to 
Detention/prison facilities of women. Provided, however, that where there is an 
inevitable situation, which needs the presence of male security personnel in the 
detention/prison facilities for women, there should be no contact between male 


· 
security personnel and female detainees/prisoners without the presence of 
female security personnel; and 
(c) In no case shall, male security personnel or male inmates be allowed to stay 
in the premises allocated for women during nighttime. 
SEC. 8. Mandatory Visit and Inspection of Women Detention 'Prison 
Cells and Facilities. - In order to supervise the strict observance of relevant 
laws and regulations, places of detention and imprisonment, the Commission on 
Human Rights (CHR) shall regularly visit and inspect the various women 
detention/prison cells and facilities, which shall be made without prior 
announcement to the agency concerned. Provided, however, that independent 
women organizations may likewise inspect such places, with prior coordination 
with the CHR. 
A detained or imprisoned woman shall have the right to communicate 
freely and in full confidentiality with the persons who visit and inspect the places 
of detention or imprisonment in accordance with preceding paragraph of this 
Section, subject to reasonable conditions to ensure security and good order in 
such places. 
SEC. 9. Recruitment and Training of Police, Military and Prison 
Personnel. - Each respective prison institution shall recruit an adequate number 
of women police office officers to 'specialize in cases of violence against women. 
All detention/prison personnel of the government agencies referred to in Section 
3 hereof shall receive mandatory training and information about unlawful 
discrimination, sexual harassment and standards for the protection of women's 
rights, and how to respect and enforce them properly, which shall be conducted 
by the Commission on Human Rights (CHR) or by duly registered non-
government organizations in the field of women's rights. 
SEC. 10. Complaints of Alleged Abuse against Women in State 
Custody - A detained or imprisoned woman or her counsel shall have the right to 
make a complaint regarding her treatment or violation of her rights, in particular 
in cases of sexual abuse, torture or other cruel, inhuman or degrading treatment, 
to the authorities responsible for the administration of the place of 
detention/imprisonment or other proper authorities. In those cases where neither 
the detained or imprisoned person nor his counsel is unable to exercise her 
rights under this Section, a member of the family of the detained or imprisoned 
woman or any other person who has knowledge of the case may exercise such 
rights. Confidentiality concerning the complaint shall be maintained if so 
requested by the complainant. 
Every complaint shall be promptly dealt with and replied to without undue 
delay. Neither the detained or imprisoned woman nor any complainant under the 
preceding paragraph of this Section shall suffer prejudice for making a complaint. 
SEC. 11. Duty to Report Alleged Abuse Against Women in State 
Custody - Prison officials and employees who have reason to believe that a 
violation of this Act has occurred ,or is about to occur shall have the duty to report 
the matter to their superior authorities and, where necessary, to other appropriate 
authorities. 
Any other person who has ground to believe that a violation of this Act has 
occurred or is about to occur shall have the right to report the matter to the 
superiors of the officials involved as well as to other appropriate authorities. 


, . 
SEC. 12. Accountability of the Head of the Prison Institution. - (a) The 
respective heads of institutions responsible for the custody of women 
detainees/prisoners shall take effective steps to protect women detainees who 
report rape, sexual harassment and from other forms of abuses, threats, reprisals 
or any other form of intimidation. 
(b) The immediate respective heads of the detention/prison institutions is prima 
facie presumed to have knowledge of the abuse committed against the women 
prisoners if: 
i. 
a complaint has been made before him or such other authority 
designated to receive such complaint, or if abuse was openly 
performed or well-known among her co-inmates or prison 
personnel; and 
ii. 
the head of the prison institution has failed to act on the same. 
SEC. 13. Investigation of Alleged Abuse Against Women in State 
Custody. -
All complaints of rape, sexual abuse, torture or any unlawful 
advancement or violation of the rights provided in this Act, committed by any 
person against a woman detainee/prisoner must be investigated promptly and 
independently by the CHR. A medical examination and an adequate legal 
services should be provided immediately for any woman in custody who alleges 
that she has been abused. 
Whenever 
the 
abuse 
has 
resulted 
to 
death 
or unexplainable 
disappearance of a detained or imprisoned woman occurs during her detention 
or imprisonment, an inquiry into ,the cause of death or disappearance shall be 
held by the CHR, at its own instance or at the instance of a member of the family 
of such a person or any person who has knowledge of the case. When 
circumstances so warrant, such an inquiry shall be held on the same procedural 
basis whenever the death or disappearance occurs shortly after the termination 
of the detention or imprisonment. The findings of such inquiry or a report thereon 
shall be made available upon request, unless doing so would jeopardize an 
ongoing criminal investigation. 
SEC. 14. Penalty Clause. - Any person who shall be guilty of violation of 
this Act shall suffer a penalty of six (6) months and one (1) day but not exceeding 
six (6) years, without prejudice to other criminal and administrative charges for 
Which he may be held liable. 
SEC. 15. Separability Clause. - If, for any reason, any part or provision of 
this Act is declared invalid, such declaration shall not affect the other provisions 
of this Act. 
SEC. 16. Repealing Clause. - All laws, decrees, executive orders, 
issuances, rules or regulations or parts thereof, which are inconsistent with the 
provisions of this Act, are her~by deemed repealed, amended or modified 
accordingly. 
SEC. 17. Effectivity - This Act shall take effect sixty (60) days after its 
pUblication in the Official Gazette and in two national newspapers of general 
circulation. 
. 
Approved,