NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
Senate
of ll)P ^pcrftan>
23 MAR 22 P4 55
SENATE
2037
RECEIVED BY:
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND 
SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND 
PENOLOGY, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF 
REPUBLIC ACT NO. 6975, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE 
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990" AS AMENDED, AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
The country's jail management is currently divided into two levels—the national 
and the provincial. The Bureau of Jail Management and Penology (BJMP) oversees city, 
municipal, and district jails, while provincial governments oversee provincial and sub- 
provincial jails. As of December 2019, there are 61 provincial and 23 sub-provincial jails 
in the country, operating under the management and administration of their respective 
provincial governments. In this system, wherein jail management is under BJMP- 
supervised city, municipal, and district jails, and provincial governments-supervised 
provincial and sub-provincial jails, prisoners are subjected to different standards of 
treatment.
This measure seeks to transfer the control and supervision of provincial and sub­
provincial jails under the competent administration and management of the BJMP. Once 
passed, this bill will eliminate the disparity in the handling of our jails as the BJMP's 
policies and guidelines will be implemented in both BJMP-supervised city, municipal, and 
district jails, and provincial and sub-provincial jails ensuring a uniform national standard 
of jail management. With this proposal, detention facilities will be synchronized with 
BJMP's Manual on Habitat, Water, Sanitation, and Kitchen in Jails. The problem of 
congestion in our jails will also be better addressed under this proposal.
This proposed legislation is also envisioned to preserve the rights of Persons 
Deprived of Liberty (PDLs) as it warrants the safety of inmates, and persons in custody 
awaiting investigation.
In view of the foregoing, early passage of this bill is earnestly sought.
JUAhLMIGUEL F. ZUBIRI


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
^ 
7 j
7«©fficp of tl)e
23 HHR22 P4S6
SENATE
2037
S.B. No.
Introduced by Sen. Juan Miguel F. Zubiri
AN ACT
TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND 
SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND 
PENOLOGY, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF 
REPUBLIC ACT NO. 6975, OTHERWISE KNOWN AS THE "DEPARTMENT OF THE 
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990" AS AMENDED, AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. - Section 61 of Republic Act No. 6975, otherwise known as the
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"Department of Interior and Local Government Act of 1990" is hereby amended to read
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as follows:
"Section 61. Powers and Functions. - The Jail Bureau shall exercise 
supervision and control over all PROVINCIAL, SUB-PROVINCIAL, city 
and municipal jails. [The provincial jails shall be supervised and 
controlled by the provincial government within its jurisdiction, 
whose expenses shall be subsidized by the National Government 
for not more than three (3) years after the effectivity of this Act.]"
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Sec. 2. Section 62 of Republic Act No. 6975 is hereby amended to read as foliows:
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"Section 62. Organization. - 
XXX XXX
The jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL, 
city and municipal jails, each headed by a PROVINCIAL, city or municipai 
jail warden: Provided, That, in the case of large PROVINCES, cities and 
municipalities, a district jail with subordinate jails headed by a district jail 
warden may be established as necessary.
XXX
XXX"


Sec. 3. Section 63 of Republic Act No. 6975 is hereby amended to read as follows:
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"Section 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, 
District,, City or MunicipaUaii. - There shall be established and maintained 
in every PROVINCE, district, city and municipality a secured, clean 
adequately equipped and sanitary jail for the custody and safekeeping of 
PROVINCIAL, city and municipal prisoners, any fugitive from justice, or 
person detained awaiting investigation or trial and/or transfer to the 
national penitentiary, and/or violent mentally ill person who endangers 
himself or the safety of others, duly certified as such by the proper medical 
or health officer, pending the transfer to a medical institution.
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Sec. 4. The management, supervision and control of provincial and subprovincial
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jails, including all its property, equipment, and finances, are hereby transferred to the
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Bureau of Jail Management and Penology (BJMP): Provided, That the concerned
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Provincial Government shall continue funding the substinence allowance of Inmates and
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the maintenance of jail facility Including but not limited to electric and water expenses
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and necessary repairs until such time that the total control and supervision of the facility
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has been transferred to the BJMP.
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Sec. 5. The existing employees and personnel of Provincial and Sub-Provincial Jails
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shall enjoy security of tenure and shall be absorbed by the BJMP subject to the
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qualification standards as provided for in Republic Act No. 9263 and other laws, rules and
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regulation of the Civil Service Commission: Provided, That those who will fail to comply
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with the qualification standards at the time of transfer shall be given a reasonable period
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from the enactment of this Act to complete the necessary requirements for the concerned
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position.
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Employees opting to be separated from the service as a result of the transfer under the
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provisions of this Act shall receive separation benefits in accordance with existing laws.
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In addition, those who are qualified to retire shall be allowed to do so and be entitled to
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all benefits provided for under existing retirement laws.
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Sec. 6. Implementing Rules and Regulations. - The Department of Interior and
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Local Government (DILG) and BJMP shall formulate the Implementing Rules and
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Regulations (IRR) within ninety (90) days upon the effectivity of this Act. The IRR shall
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take effect within fifteen (15) days after publication in the Official Gazette or in two (2)
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newspapers of general circulation. All subsequent amendments to the IRR shall also be
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published before taking effect.


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Sec. 7. Separability Clause. - If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provisions not affected thereby shall
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remain in force and effect.
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Sec 8. Repealing Clause - All laws, decrees, executive orders and other
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presidential issuances which are inconsistent with this Act are hereby repealed, or
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amended or modified accordingly.
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Sec. 9. Effectivity - This Act shall take effect fifteen (15) days after its publication
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in the 15 Official Gazette or in any newspaper of general circulation.
Approved,