‘TEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.4'718

Introduced by Rep. Victor A. Yap

‘The Bureau of Jail Management and Penology (BJMP) is faced with various problems of
critical and chronic overcrowding of jail facilities consequently causing disturbance, escapes,
substandard living conditions, poor sanitation and hygiene-related diseases.' With the Duterte
Administration’s War on Illegal Drugs, the number of inmates in our presently congested

penitentiaries will continue to increase.

‘The BIMP, also referred to as the Jail Bureau, was created pursuant to Section 60 to 65,
Chapter V of R.A. No. 6975 also known as the Department of the Interior and Local Government
Act of 1990. As one of the five pillars of the Criminal Justice System, the BIMP is mandated to
address growing concern of jail management and penology problem. As provided for, the Jail

Bureau is mandated to take operational and administrative control over all city, district and

municipal jails but excludes provincial and sub-provincial jails

‘The country’s penal system play a significant role in the administration of justice in our
country, Hence, an enhanced coordination and harmonious relationship among local prisons is

considered necessary to improve correctional services. More so, professionalizing the practice of

prison supervision will ensure that the officials heading our penal system are free from the
controls of political influence. Provincial governments will be freed ftom a task that is not in line

with their main functions thereby devoting their time and resources

10 the governance of their

constituency,

Hence, the proposal of this bill which mainly seeks to transfer the supervision and control
of provincial and sub-provincial jails from Local Government Units (LGUs) to the BJMP and to

professionalize prison management

” http://www.preda.org/media/research-documents/the-situation-of-the-philippine-penitentiaries/


There are already provincial jails which opted to request BMP for technical and
operational supervision. More are expected to follow as more provincial governments recognize
the BIMP's competence in the management of prisons. Through this proposed measure, there
will be uniformity and boosted efficiency in the implementation of plans and programs that is
geared towards BJMP’s vision as “a dynamic institution highly regarded for its sustained

humane safekeeping and development of inmates.”

‘To guarantee the integration of local jails and professionalism of its management, the

timely passage of this bill is earnestly sought

REP.
2nd District, Tarlac


SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Section )

HOUSE OF REPRESENTATIVES

House Bill Nno718

Introduced by Representative Victor A. Yap

AN ACT
PLACING THE PROVINCIAL, SUB-PROVINCIAL AND DISTRICT JAILS UNDER THE
JURISDICTION OF BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP),
AMENDING SECTIONS 61, 62 AND 63 OF THE REPUBLIC ACT NUMBER SIXTY-NINE
HUNDRED AND SEVENTY-FIVE OTHERWISE KNOWN AS THE “DEPARTMENT OF
INTERIOR AND LOCAL GOVERNMENT ACT OF 1990” AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in Congress assembled:
SECTION 1. Section 61 of Republic Act No. 6975 is hereby amended to read as follows:

“Section 61. POWERS AND FUNCTIONS. ~ The Jail Bi hall exercise supervision
and control over PROVINCIAL, SUB-PROVINCIAL, DISTRICT, all 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. JAILS DO NOT INCLUDE
DETENTION CENTERS AND LOCK-UP CELLS BEING MAINTAINED BY THE
ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE
(PNP), NATIONAL BUREAU OF INVESTIGATION (NBI) AND THE BUREAU OF
IMMIGRATION AND DEPORTATION.

TION 2. Section 62 of the same Act is hereby amended to read as follows:

“Section 62. Organization. — The Jail Bureau shall be headed by a Chief who shall
be assisted by a [deputy chief.] OTHER OFFICERS ENUMERATED IN SECTION
3 OF R.A. 9263 OTHERWISE KNOWN AS THE ‘BUREAU OF FIRE AND
PROTECTION AND BUREAU OF JAIL MANAGEME! AND PENOLOGY
PROFESSIONALIZATION ACT OF 2004”.

The Jail Bureau shall composed of PROVINCIAL, SUB-PROVINCIAL,
DISTRICT, city and municipal jails, [each headed by a city or municipal jail warden]:
Provided, That, in the case of large cities and municipalities, a district jail with
subordinate jails headed by a district jail warden may be established as necessary.

The Chief of the Jail Bureau shall recommended to the Secretary the organizational
structure and staffing pattern of the Bureau as well as the disciplinary machinery for
officers and men of the Bureau in accordance with the guidelines set forth herein and as
prescribed in Section 85 of this Act.


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SECTION 3. Section 63 of the same Act is hereby amended to read as follows:

Section 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, District, City or
Municipal Jail. 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

The PROVINCIAL, SUB-PROVINCIAL, DISTRICT, municipal or city jail service
shall preferably be headed by a graduate of a four (4) year course in psychology,
psychiatry, sociology, nursing, social work [or| criminology OR A LAW GRADUATE
who shall assist in the immediate rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that the human rights of this prisoners are respected
and protected, and their spiritual and physical well-being are properly and promptly
attended to.

SECTION 4, Provincial Jail Administrator, Sub-Provincial

Administrator, ~The
heads of the provincial and sub-provincial jails within the province shall have the rank of
superintendent, The provincial jail administrator shall exercise supervisory control over the

provincial, district, city and municipality jail in their respective provinces.

SECTION 5. Authority of the Chief, Bureau of Jail Management and Penology to
Reorganize Provincial Jails. — The Chief, Bureau of Jail Management and Penology have the
authority to reorganize existing provincial jails, including its offices and personnel; Provided, That
in the exercise of this power, the services of the personnel assigned therein and holding a permanent

appointment shall not be terminated.

SE

ION 6. Special Over

created, composed of the Secretary of the Department of the Interior and Local Government as

‘ight Committee. — A Special Oversight Committee is hereby

Chairman, the Secretary of the Department of Budget and Management as Co-Chairman, and the

Chief of the Bureau of

Management and Penology, the Chairman of the Commission on Audit
and the President of League of Provinces as members, which shall plan and oversee the expeditious
implementation of the transfer and absorption into the Bureau of the property, appropriations and
installations of the provincial and sub-provincial jails, subject to just compensation to just

compensation under appropriate terms and conditions.

SECTION 7. Appropriations, — The existing appropriation for the operation and
maintenance of provincial jails shall, for the first of fraction therefore after enactment into law of

this Act, continue to be so appropriated for the purpose. Thereafter the amount of two hundred fifty


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million (P250,000,000.00) for the operation and maintenance of the provincial and sub-provincial

jails by the BJMP shall be included in the annual General Appropriations Act.

SECTION 8. Separability Clause. - If any of the provision of this Act is declared invalid,

the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

SECTION 9. Repealing Clause. - All laws, decrees, ordinances, rules and regulations,
administrative or exeoutive orders, and other presidential issuances inconsistent with this Act, are

hereby repealed, amended or modified accordingly.

This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,