Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

45” Congress
3” Regular Session

House Bill No. 6692 oN,

Introduced by Representative Maria Evita R. Arago

EXPLANATORY NOTE

The incarceration of parents affects the emotional, psychological and financial
development of a child who is forced to be separated from their parents. Incarcerated
mothers and their children are especially affected because the mothers are known as
the primary nurturer and carer of their chikdren. The loss of parental care especially the
severance of maternal bond because of incarceration will have long term effects for the
affected children and our society. This bill wherein a similar version has been filed by
Senator Miriam Defensor Santiago in the Senate seeks to mitigate the adverse effects
of the separation between the incarcerated mother and their children.

Our Constitution in Article 11, Section 12 states that:

“The State recognizes the sanctity of family life and shall protect and strengthen
the family as a basic autonomous social institution.”

Efforts should be made to protect family iife despite of difficult circumstances by
providing specific provisions on the placement of children of incarcerated women,
establishing programs for health and social services for incarcerated parents and their
children and providing child friendly visitation programs.

In view of the foregoing, passage of the bill is earnestly sought.

MAI . GO
3™ District
Laguna


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FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
‘Third Regular Session )

HOUSE OF REPRESENTATIVES

6692

H.B. No.

Introduced by Representative Maria Evita R. Arago

AN ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR CHILDREN

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

SECTION 1. Short Title, - This Act shall be known as the “Mothers in Jail Act.”
SECTION 2. Declaration of Policy. —

(A) The State recognizes that all persons deprived of their liberty shall be treated
with humanity and shall enjoy all the rights guaranteed to free persons, subject to
the restrictions that are unavoidable in a closed environment.

(B) The State shall promote stable and solid relationships between children and their
primary care-giver and support incarcerated parents to develop and maintain
their relationship with their children.

(C)In ali actions concerning chikiren, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities or legislative bodies,
the best interest of the child shall be the primary consideration.

(D) The State shall assure to the child who is capable of forming his or her own
views the right to express those views in all matters affecting the child, the views
of the child being given due weight in accordance with the age and maturity of
the child.

SECTION 3. Apprising Custodial Parents of their Parental Rights. - In cases involving
custodial parents, the court must give an appropriate waming of the special
consequences for a defendant's parental rights that may result from a plea of guilty or
conviction.

SECTION 4. Placement and Guardianship Options. — The court shall provide the
defendant with a reasonable amount of time to appropriately attend to the needs of his
ot her minor children for safe and appropriate care prior to accepting a guilty plea. The
court in coordination with the Department of Social Welfare and Development shall
explain the various options available to the defendants.

SECTION 5. Coordinating Body. - A coordinating body comprised of representatives
from the Department of Justice, the Bureau of Corrections, the Department of Social
Welfare and Development, and the Department of Health shall be established. Such
body shall:

(A) Formulate the necessary rules and regulations for the effective implementation of
this Act.

{B) Provide for specific procedures for the placement of children of defendants or for
infants born to women already incarcerated in state prisons.

(C)Establish programs designed to provide counselling, health and other social
services to the incarcerated parents and their children. Mothers’ and children's


(those under one year old and still staying with their mother) access to health
care services and medicines, including reproductive health care and medical
attention, gynaecological and pediatric services, shall be assured by the
institution where parent and child are detained.

SECTION 6. Child Friendly Visitation Programs. -- The prison facilities shall establish
child-friendly visitation opportunities for mothers and children. A special visitation room
for mothers and their children shall be provided for this purpose.

SECTION 7. independent Monitoring. - Frequent access to prisons shall be granted to
relevant institutions such as the Commission on Human Rights, human rights non-
government organizations, and intemational organizations. The Coordinating Body
shall assign persons to conduct independent monitoring of the various prison facilities.
Such persons conducting monitoring tasks shall be allowed to make periodic and
unannounced visits to the premises and speak in private with imprisoned mothers and
their chikiren.

SECTION 8. Appropriations, - The amount necessary to carry out the provisions of
this Act is hereby authorized to be appropriated in the General Appropriations Act of the
year following the enactment of this aw and every year thereafter.

SECTION 9. Separability Clause. — f any provision of this Act is held invalid or
unconstitutional, the remainder of the Act or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 10. Repeating Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly.

SECTION 11. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two newspapers of general circulation

Approved,