Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House pitt No. _3091

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”

EXPLANATORY NOTE

As one of the five pillars of the Criminal Justice System, the Bureau of Jail
Management and Penology (BJMP) was created 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),
as provided for under R.A. No. 6975, with the exception of Provincial and Sub-
Provincial Jails whose management and control is lodged under their respective
Provincial Governments. Primarily, its clients are PDLs 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.1

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 November 20192, out of 74 provincial jails nationwide, thirteen (13)
Provincial Jails have already been turned over to the BJMP in recognition of the
BJMP’s competence in the management of jails. The initiative is for the purpose of
standardizing and providing smooth transition in the management and operation of
the jails being turned over to the BJMP, 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.

1 huips:/www.bjmp.gov.phindex.phplabout-us/bjmp-profile
2 ups dilg.gov.phinews/DIL.G-Placing-all-provincial-jails-under-BIMP-iseneeded-and-timely/NC-2019-1288


Thus, in line with the government's present thrust to unify the country's
fragmented jail system and in recognition of BJMP’s capability in the management and
operation of jails in the country, this bill seeks to amend R.A 6975 by transferring the
supervision and control of Provincial and Sub-Provincial Jails to the BJMP 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.

/

Keith’Micah “Atty. Mike” D.L. Tan
Ath District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. _3091

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. Short Title. - This Act shall be known as the “Jail Integration Act.”

SEC. 2. Declaration of Policy. - Itis the policy of the State to promote the general
welfare and safeguard the basic rights of persons deprived of liberty. Further, the
State recognizes the responsibility of the State to strengthen government capability
aimed towards the strengthening of the delivery of basic services to the citizenry
through the institutionalization of highly efficient and competent jail services.

Toward this end, the State shall provide uniform standards and policies in the
administration of jails and the safekeeping of persons deprived of liberty by placing
the administration of local jails to a single authority.

SEC. 3. Transfer of Provincial and Sub-Provincial Jail. - The control and
supervision over provincial and sub-provincial jail is hereby transferred to the
Bureau of Jail Management and Penology (BJMP).

For this purpose, the management, control, and supervision of existing
provincial and sub-provincial jails, including all its property, equipment, and finances,
shall be transferred to the BJMP, subject to existing laws.

SEC. 4. Transition Period. - For orderly transfer of management and operation
of provincial and sub-provincial jails, a three (3) year transition period is hereby
established, to commence from the date of the effectivity of this Act: Provided, That
during the transition period, the concerned Provincial Government shall continue
funding the subsistence allowance of inmates and the maintenance of jail facility
including but not limited to electric and water expenses and necessary repairs until
such time that the total and full control and supervision of the facility has been
transferred to the BJMP.

SEC. 5. Provincial and Sub-Provincial Jail Employees. - The existing employees


and personnel of Provincial and Sub-Provincial Jails shall enjoy security of tenure and
shall automatically be absorbed by the BJMP subject to the qualification standards as
provided for in Republic Act No. 9263, otherwise known as the “Bureau of Fire
Protection and Bureau of Jail Management and Penology Professionalization Act of 17
2004", as amended and other applicable laws, pertinent rules and regulation of the
Civil Service Commission (CSC): Provided, That those who will fail to comply with the
qualification standards at the time of transfer shall be given five (5) years from the
lapse of the transition period as provided in this Act to complete the necessary
requirements for the concerned position: Provided, further. That for purposes of
computation of retirement and pension benefits, the term "active service" shall
include services rendered by employees affected in the provincial and sub-provincial
jail prior to the enactment of this Act: Provided, finally. That the Provincial
Government is hereby encouraged to automatically absorb those employees who
have already reached the mandatory retirement age in BJMP at the time of effectivity.
Employees opting to be separated from the service as a result of the transfer under
the provisions of this Act shall receive separation benefits in accordance with existing
laws. In addition, those who are qualified to retire shall be allowed to do so and be
entitled to all benefits provided for under existing retirement laws.

SEC. 6. Appropriations. - The initial amount necessary for the implementation
of this Act shall be charged against the current fiscal year’s appropriations of the BJMP
and concerned provincial government. Thereafter, such sums as may be necessary for
the continued implementation of this Act shall be included in the annual General
Appropriations Act.

Sec. 7. Implementing Rules and Regulations. - The Department of the Interior
and Local Government and BJMP, in coordination with the Provincial Governments,
CSC, and other stakeholders, shall within sixty (60) days from the effectivity of this
Act, promulgate the rules and regulations to effectively implement the provisions of
this Act.

SEC. 8. 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. 9. Repealing Clause. - Sections 61, 62 and 63 of Republic Act No. 6975,
otherwise known as the "Department of the Interior and Local Government Act of
1990", as amended, are hereby amended or modified accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,