Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

Introduced by REPRESENTATIVE DOY C. LEACHON

EXPLANATORY NOTE

The Five Pillars of the Criminal Justice System (CJS) are as follows: (1) Law
Enforcement; (2) Prosecution; (3) Judiciary; (4) Corrections; and, (5) Community.

The Bureau of Corrections occupy a position of great importance in the CJS as
it administers the incarceration and rehabilitation of convicted felons. Absent this
role, transgressions of the law would be unchecked and the entire CJS would
otherwise be inutile.

On May 24, 2013, Republic Act No. 10575, otherwise known as the Bureau of
Corrections Act of 2013, was approved by the President. Laudable as the intentions
of the law was, one grievous oversight in its enactment was that the Department of
Justice lost control of the Bureau of Corrections, with the administrative relationship
of mere supervision over the latter. Retained under the said law was the control or
‘the power to review, reverse, revise, or modify the decisions of the Bureau in its
regulatory or quasi-judicial functions only.

Thus, the Secretary of Justice has been emasculated of his powers as the
chief law enforcer of the country. For certain, E.0. No. 292, otherwise known as the
Revised Administrative Code of 1987, mandates that the Department of Justiceshall
have the power to investigate the commission of crimes, prosecute offenders and
administer the probation and correction system.' The intention was clear then that
the administration of the CJS in the aspects of investigation, prosecution, and
correction shall be lodged in the Department.

Having withdrawn the said power to control and supervise the correctional
aspect of the CJS from the Department of Justice, the Bureau of Corrections has
languished in the fulfillment of its mandate. Particularly, the allegations of drug
trading within its walls bear grave concern to the general public.

It is in the spirit of capacitating the Department of Justice to act accordingly
on matters that are rightfully within its jurisdiction that this bill is introduced.

‘Section 3 (2) of Chapter 1 of Title III of Book IV of E.0. No. 292.


Returning control and supervision over the Bureau of Correction to the Department
is envisioned as a curative measure to address the above-discussed oversight in the
Present law and tune the same to a more efficient and effective administration of
the CJs.

For these reasons, the passage of this bill is most urgently sought.

ATTY. PAU! SALVADOR LEACHON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session
7107

HOUSE BILL NO."

Introduced by REPRESENTATIVE DOY C. LEACHON

AN ACT AMENDING SECTIONS 8 AND 12 OF REPUBLIC ACT NO. 10575,
OTHERWISE KNOWN AS THE BUREAU OF CORRECTIONS ACT OF 2013,
AND FOR OTHER PURPOSES

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

‘SECTION 1. Section 8 of R.A. No. 10575 is hereby amended to read as
follows:



Sec. 2. Section 12 of the abovementioned law is hereby amended to read as
follows:

“SEC. 12. Appointment of Personnel to the
BuCor. — The appointment of the BuCor shall be effected
in the following manner:

(a) Corrections Officer I to
Corrections Chief Superintendent —
theSecretary of Justice upon

Appointed by
recommendation of the Director General of
Corrections, and attested by the Civil
Service Commission (CSC); and

(b) Director General of Corrections
and Deputy Director of Corrections —
Appointed by the President upon the
recommendation of the Secretary of the
DOJ, with the proper endorsement by the
Chairman of the CSC.”

Sec. 3. Separability Clause. — If any portion or provision of this Act is
declared unconstitutional, the same shall not affect the validity and effectivity of the
other provisions not affected thereby.

Sec. 4. Repealing Clause. — A\\ laws, decrees, orders, rules and regulations
and other issuances, or parts thereof, which are inconsistent with the provisions of
this Act are hereby deemed repealed, amended or modified accordingly.

Sec. 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved,