;i!?rmh' 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF TI-IE PHILIPPINES 
) 
) 
) 
U}Hl-;t l,tf tl-fe ,).vrttbr\l 
Second Regular Session 
SENATE 
S.No. 
2461 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
·14 
NOV 18 P1:48 
ELIMINATING INHUMANE CONDITIONS IN PHILIPPINE PRISONS AND JAILS' 
EXPLANATORY NOTE 
.. 
The Constitution, Article 2, Section-I) provides: 
SEC. 11. The State values the ~gnity of every human person and 
guarantees full respect for human rights. \ 
Article 3, Section 19 also provides: 
(1) Excessive fines shall not be imposed, nor cruel, degrading or 
inhuman punishment inflicted ... 
(2) The employment of physical, psychological, or degrading 
punishment against any prisoner or detainee or the use of 
substandard or inadequate penal facilities under subhuman 
conditions shall be dealt with by law. 
As of May 2012, the congestion rate for jails around the Philippines averaged 
318% of their capacity, with the highest congestion topping at 511% in Region IV-A. 
Records also show that as of January 2013, nearly 800 inmates have been incarcerated for 
a period equal to or longer than the maximum imposable penalty.l This extreme 
overcrowding, together with substandard meals, inadequate health and sanitation 
services, gang wars, administrative abuse, favoritism, and other factors have created 
cruel, degrading and inhuman conditions for the inmates in prisons and jails throughout 
1 http://www.bjmp.gov.ph/datstat.htmi 


the Philippines.2 Such conditions are clearly pr~scribed by the Constitution and must be 
eliminated. 
The United Nations Office of the High ~ommissioner for Human Rights provides 
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the Standard Minimum Rules for the Treatment of Prisoners. These rules seek, on the 
basis of the general consensus of contemporary thought and the essential elements of the 
most adequate systems of today, to set out what is generally accepted as being good 
principle and practice in the treatment of inmates and the management of institutions. 
They serve to stimulate a constant endeavour to overcome practical difficulties in the way 
of their application, in the knowledge that they represent, as a whole, the minimum 
conditions which are accepted as suitable by the United Nations.3 
This bill seeks to substantially adopt these rules in order to eliminate inhumane 
conditions and raise the quality of life of inmates to meet the demands of basic human 
dignity. 
~ 
~ ,O.~ 
MIRlAM DEF~SO'R S'J\NTr,t60 
*' 
2 hltp://www.preda.org/en/media/research-documents/the-condition-of-philippine-prisons-and-jails/ 
3 http://www. ohch r.o rg/E N/Professiona II nterest/Pa ges/TreatmentOfl n m ates.aspx 
2 


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; I 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2461 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
"tl141tl' 
(~If'~r "f !~, ;!>rrr.t.,~ 
·,4 
NOV 18 Pl:48 
RECEIVED BY:_-f-
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
AN ACT 
ELIMINATING INHUMANE CONDITIONS IN PHILIPPINE PRISONS AND JAILS 
SECTION 1. Short Title. - This Act shall be known as the "Inmate Welfare Act". 
SECTION 2. Definition of Terms. - As u\ed in this Act, the term: 
(1) "Detainee" means any person, who having been lawfully charged with 
the commission of a crime,\kept in a detention facility during the 
pendency of his case; 
(2) "Director" means the highest administrative authority pertaining to a 
particular correctional or detention facility, or his validly appointed 
agent or officer-in-charge; 
(3) "Inmate" is a collective term for any person committed to a prison, jail 
or other correctional or detention facility. It includes both detainees and 
prisoners; and 
(4) "Prisoner" means any person, who having been convicted by final 
judgement of a crime, is committed to a correctional facility. 
SECTION 3. Designation of Lead Agency - The Department of Justice through 
the Bureau of Corrections shall act as the lead agency for ensuring that these rules are 
observed in correctional institutions throughout the country. The Department of Interior 
and Local Government through the Bureau of Jail Management and Penology shall be 
responsible for implementing these rules III municipal and city jails throughout the 


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country. The Commission on Human Rights shall be tasked with the inspection and 
review of correctional facilities as outlined in Section 22 of this Act. 
SECTION 4. Basic Principle. - The following rules shall be applied equally. 
" 
There shall be no discrimination on the grounds of gender, sex, ethnicity, religion, 
political opinion, social status, or other status,\However, the free exercise and enjoyment 
of religious profession and worship, without discrimination or preference, shall forever 
be allowed. 
SECTION 5. Non-application to Children in Conflict with the Law. - The rules 
herein provided do not apply to minor children in conflict with the law. Such cases shall 
be dealt with in accordance with pertinent provisions of the Penal Code, Republic Act 
No. 9344 otherwise known as the "Juvenile Justice and Welfare Act of 2006" and 
existing laws. 
SECTION 6. Register. -
(1) In every place where persons are imprisoned, there shall be kept a 
bound registration book with numbered pages in which shall be entered 
in respect of each inmate received: 
(A) Information concerning his identity; 
(B) Reasons for his commitment and the authority therefor; and 
(C) The day and hour of his admission and release. 
(2) No person shall be received in an institution without a valid court order 
of which the details have been rreviously entered in the register. 
SECTION 7. Separation ojCategol'ies. -
(1) The different categories of i~ates shall be kept in separate institutions 
or parts of institutions taking atcount of their sex, age, criminal record, 
the legal reason for their detention and the necessities of their treatment. 
Thus: 
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(A) Men and women shall so far as possible be detained in separate 
institutions or parts of institutions; in an institution which 
receives both men and women, the whole of the premIses 
pertaining to each sex shall be entirely separate; 
(B) Detainees shall be kept separate from convicted inmates; 
(C) Those imprisoned for crimes punishable by reclusion perpetua or 
a corresponding penalty shall be kept separate from inmates 
convicted of lesser crimes; and 
(D) Inmates who are senior citizens shall be kept separate from 
younger inmates. 
SECTION 8, Accommodation. -
(1) Where sleeping accommodation is in individual cells or rooms, each 
inmate shall occupy by night a cell or room by himself. The minimum 
" 
size for a single person cell shall be 1.8m x 2.4m.If during a state of 
temporary overcrowding as o\tlined in Section 9, more than one inmate 
must occupy a cell, it shall not\~e desirable to have only two inmates in 
one cell; 
(2) Where dormitories are used, they shall be occupied by inmates carefully 
selected as being suitable to associate with one another in those 
conditions. There shall be regular supervision by night, in keeping with 
the nature of the institution; and 
(3) All accommodation provided for the use of inmates and in particular all 
sleeping accommodation shall have sufficient cubic content of air, 
minimum floor space, lighting, and ventilation. 
(4) In all places where inmates are required to live or work -
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(A) The windows shall be large enough to enable the inmates to read 
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or work by natural light, and shall be so constructed that they can 
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allow the entrance of fresh air whether or not there is artificial 
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ventilation; and 
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(B) Artificial light shall be provided sufficient for the inmates to read 
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or work without injury t(l). eyesight. 
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(5) The sanitary installations' shall be adequate to enable every inmate to 
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comply with the needs of n~e when necessary and in a clean and 
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decent manner; 
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(6) Adequate bathing and shower installations shall be provided so that 
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every inmate may be enabled and required to have a bath or shower, at a 
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temperature suitable to the climate, as frequently as necessary for 
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general hygiene according to season and geographical region, but at 
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least once a week in a temperate climate; and 
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(7) All parts of an institution regularly used by inmates shall be properly 
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maintained and kept scrupulously clean at all times. 
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SECTION 9. Overcrowding. -
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(1) All prisons that are currently in a state of overcrowding shall be 
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decongested to its normal capacity within eight years from the 
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effectivity of this law; 
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(2) After the eight year period mentioned in the next preceding paragraph 
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has lapsed, there shall be no subsequent overcrowding of prisons; and 
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(3) If due to special circumstances, overcrowding cannot be avoided, a state 
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of temporary overcrowding\, shall be 
declared by the prison 
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administration. This declaration shall be immediately followed by 
\" 
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institution of infrastructure p'rojects in order to accommodate the 
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overcrowded inmates. This state shall, in no case, exceed three years. 
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SECTION 10. Personal Hygiene. -
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(1) Inmates shall be required to keep their persons clean, and to this end 
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they shall be provided with water and with such toilet articles as are 
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necessary for health and cleanliness; and 
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(2) In order that inmates may maintain a good appearance compatible with 
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their self-respect, facilities shall be provided for the proper care of the 
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hair and beard, and men shall be enabled to shave regularly. 
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SECTION 11. Clothing and Bedding. -
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(1) Every inmate shall be provided with an outfit of clothing suitable for the 
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climate and adequate to keep him in good health. Such clothing shall in 
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no manner be degrading or humiliating; 
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(2) All clothing shall be clean and kept in proper condition. Underclothing 
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shall be changed and washed as often as necessary for the maintenance 
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of hygiene; 
(3) In exceptional circumstances, whenever an inmate is removed outside 
the institution for an authOriZ~ purpose, he shall be allowed to wear his 
own clothing or other inconspicdous clothing; and 
(4) Every inmate shall, in accordance with local or national standards, be 
provided with a separate bed, and with separate and sufficient bedding 
which shall be clean when issued, kept in good order and changed often 
enough to ensure its cleanliness. 
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SECTION 12. Food. -
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(1) Every inmate shall be provided by the administration at the usual hours 
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with food of nutritional value adequate for health and strength, of 
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wholesome quality and well prepared and served; and 
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(2) Drinking water shall be available to every inmate whenever he needs it. 
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SECTION 13. Exercise and sport. -
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(1) Every inmate who is not employed in outdoor work shall have at least 
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one hour of suitable exercise in the open air daily if the weather permits; 
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and 
(2) Young inmates, and others ~ suitable age and physique, shall receive 
physical and recreational trainiag during the period of exercise. To this 
end, space, installations and equipment should be provided. 
SECTION 14. Medical services. -
(1) At every institution there shall be available the services of at least one 
qualified medical officer who should have some knowledge of 
psychiatry. The medical services should be organized in close 
relationship to the general health administration of the community or 
nation. They shall include a psychiatric service for the diagnosis and, in 
proper cases, the treatment of states of mental abnormality; 
(2) Sick inmates who require specialist treatment shall be transferred to 
specialized institutions or to government hospitals. Where hospital 
facilities are provided in an institution, their equipment, furnishings and 
pharmaceutical supplies shall be proper for the medical care and 
treatment of sick inmates, and there shall be a staff of suitable trained 
officers; 


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(3) In women's institutions there 'shall be special accommodation for all 
necessary pre-natal and post-natal care and treatment. Arrangements 
shall be made wherever pract~le for children to be born in a hospital 
outside the institution. If a child is born in prison, this fact shall not be 
mentioned in the birth certificate; 
(4) Where nursing infants are allowed to remain in the institution with their 
mothers, provision shall be made for a nursery staffed by qualified 
persons, where the infants shall be placed when they are not in the care 
of their mothers; 
(5) The medical officer shall see and examine every inmate as soon as 
possible after his admission and thereafter as necessary, with a view 
particularly to the discovery of physical or mental illness and the taking 
of all necessary measures; the segregation of inmates suspected of 
infectious or contagious conditions; the noting of physical or mental 
defects which might hamper rehabilitation, and the determination of the 
physical capacity of every inmate for work; 
(6) The medical officer shall have the care of the physical and mental health 
of the inmates and should daily see all sick inmates, all who complain of 
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illness, and any inmate to whom his attention is specially directed; 
(7) The medical officer shall reI(ort to the director whenever he considers 
that an inmate's physical or m~ntal health has been or will be injuriously 
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affected by continued imprisonment or by any condition of 
imprisonment; 
(8) The medical officer shall regularly inspect and advise the director upon: 
(A) The quantity, quality, preparation and service of food; 
(B) The hygiene and cleanliness of the institution and the inmates; 
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(C) The sanitation, heating, lighting and ventilation of the institution; 
(D) The suitability and cleanliness of the inmates' clothing and 
bedding; 
(E) The observance of the rules concerning physical education and 
sports, in cases where there is no technical personnel in charge of 
these activities; and 
(9) The director shall take into consideration the reports and advice that 
the medical officer submits according to this Section and, in case he 
concurs with the recommendations made, shall take immediate 
steps to give effect to those recommendations; if they are not within 
his competence or if he .. does not concur with them, he shall 
immediately submit his own report and the advice of the medical 
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officer to higher authOrity\ 
SECTION 15. Discipline andpunishment.-
(I) Discipline and order shall be maintained with firmness, but with no 
more restriction than is necessary for safe custody and well-ordered 
community life; 
(2) No inmate shall be employed, in the service of the institution, in any 
disciplinary capacity. This rule shall not, however, impede the proper 
functioning of systems based on self-government, under which specified 
social, educational or sports activities or responsibilities are entrusted, 
under supervision, to inmates who are formed into groups for the 
purposes of treatment; 
(3) Corporal punishment, punishment by placing in a dark cell, and all 
cruel, inhuman or degrading punishments shall be completely prohibited 
as punishments for disciplinary ofIences; 
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(4) Punishment by close confinement or reduction of diet shall never be 
inflicted unless the medical officer has examined the inmate and 
certified in writing that he is fit to sustain it. The same shall apply to any 
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other punishment that may be prejudicial to the physical or mental 
health of an inmate. In no ca\e may such punishment be contrary to or 
depart from the principle stated\ the next preceding paragraph; and 
(5) The medical officer shall visit daily inmates undergoing such 
punishments and shall advise the director if he considers the termination 
or alteration of the punishment necessary on grounds of physical or 
mental health. 
SECTION 16. Instruments a/restraint. -
(1) Instruments of restraint, such as handcuffs, chains, irons and strait-
jackets, shall never be applied as a punishment. Furthermore, chains or 
irons shall not be used as restraints. Other instruments of restraint shall 
not be used except in the following circumstances: 
(A) As a precaution against escape during a transfer, provided that 
they shall be removed when the inmate appears before a judicial 
or administrative authority; 
(B) On medical grounds by direction of the medical officer; and 
(C) By order of the director, if other methods of control fail, in order 
to prevent an inmate f~om injuring himself or others or fi'om 
damaging property; in such instances the director shall at once 
consult the medical of~r and report to the higher administrative 
authority. 
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(2) The patterns and manner of use of instruments of restraint shall be 
decided by the central prison administration. Such instruments must not 
be applied for any longer time than is strictly necessary. 
SECTION 17. Contact with the outside world. -
(1) Inmates shall be allowed under necessary supervision to communicate 
with their family and reputable friends at regular intervals, both by 
correspondence and by receiving visits; 
(2) Inmates who are foreign nationals shall be allowed reasonable facilities 
to communicate with the diplomatic and consular representatives of the 
State to which they belong; 
(3) Inmates who are nationals of States without diplomatic or consular 
representation in the country and refugees or stateless persons shall bOe 
allowed similar facilities to communicate with the diplomatic 
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representative of the State which takes charge of their interests or any 
national or international au\ority whose task it is to protect such 
persons; and 
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(4) Inmates shall be kept infonned regularly ofthe more important items of 
news by the reading of newspapers, periodicals or special institutional 
publications, by hearing wireless transmissions, by lectures or by any 
similar means as authorized or controlled by the administration. 
SECTION 18. Religion. -
(1) If the institution contains a sufficient number of inmates of the same 
religion, and if conditions permit, a qualified representative of that 
religion shall be allowed to hold regular services and to pay visits in 
private to inmates of his religion at proper times; 
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(2) Access to a q,Jalified representative of any religion shall not be refused 
to any inmate. On the other hand, if any inmate should object to a visit 
of any religious representative, his decision shall be fully respected; and 
(3) So far as practicable, every inmate shall be allowed to satisfy the need.s 
of his religious life by attending the services provided in the institution 
and having in his possession 'the books of religious observance and 
instruction of his denomination. 
SECTION 19. Retention ofinmates'pra~~ty.-
(1) All money, valuables, clothing and other effects belonging to an inmate 
which under the regulations of the institution he is not allowed to retain 
shall on his admission to the institution be placed in safe custody. An 
inventory thereof shall be signed by the inmate. Steps shall be taken to 
keep them in good condition; 
(2) On the release of the inmate all such articles and money shall be 
returned to him except in so far as he has been authorized to spend 
money or send any such property out of the institution, or it has been 
found necessary on hygienic grounds to destroy any article of clothing. 
The inmate shall sign a receipt for the articles and money returned to 
him; 
(3) Any money or effects received for an inmate from outside shall be 
treated in the same way; and 
(4) If an inmate brings in any drugs or medicine, the medical officer shall 
decide what use shall be made of them. 
SECTION 20. Notification afdeath, illne~s . .transfer, etc. -
(1) Upon the death or serious illness of, or serious injury to an inmate, or 
his removal to an institution ~r the treatment of mental affections, the 
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relative closest in terms of consanguinity or affinity. and shall in any 
event inform any other person previously designated by the inmate; 
(2) An inmate shall be informed at once of the death or serious illness of 
any relative within the fourth degree of consanguinity or affinity. In 
case of the critical illness of a near relative, the inmate should be 
authorized, whenever circumstances allow, to go to his bedside either 
under escort or alone; and 
(3) Every inmate shall have the right to inform at once his family of his 
imprisonment or his transfer to another institution. 
SECTION 21. Removal a/inmates. -
(1) When the inmates are being removed to or from an institution, they shall 
be exposed to public view as little as possible, and proper safeguards 
shall be adopted to protect them from insult, curiosity and publicity in 
any form; 
(2) The transport of inmates in co\)veyances with inadequate ventilation or 
light, or in any way which would subject them to unnecessary physical 
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hardship, shall be prohibited; ,nd 
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(3) The transport of inmates shall be carried out at the expense of the 
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administration and equal conditions shall obtain for all of them. 
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SECTION 22. Inspection. -
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(1) The Commission on Human Rights (CHR) shall be responsible for 
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regular inspection of penal institutions and services. Their task shall be 
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in particular to ensure that these institutions are administered in 
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accordance with the rules prescribed in this Act and existing laws and 
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regulations and with a view to bringing about the objectives of penal 
and correctional services; 
(2) For this purpose, the CHR shall appoint inspectors that shall conduct 
inspections twice yearly. A rotational scheme shall be implemented 
such that no inspector will be responsible for any particular correctional 
or detention facility; and 
(3) The inspector's report shall be furnished to the director ofthe facility a's 
well as the Department of Justice. This report shall be the basis of 
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reviewing and improving the practices in these facilities, as well as 
administrative cases 
shoul~ the inspector find substantial 
compliance with the rules outl~d in this Act and existing laws. 
non-
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SECTION 23. Information to and complaints by inmates, -
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(1) Every inmate on admission shall be provided with written information 
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about the regulations governing the treatment of inmates of his category, 
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the disciplinary requirements of the institution, the authorized methods 
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of seeking information and making complaints, and all such other 
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matters as are necessary to enable him to understand both his rights and 
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his obligations and to adapt himself to the life of the institution; 
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(2) If an inmate is illiterate, this information shall be conveyed to him 
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orally, in a language and understandable to him; 
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(3) Every inmate shall have the opportunity each week day of making 
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requests or complaints to the director of the institution or the officer 
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authorized to represent him; 
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(4) It shall be possible to make requests or complaints to the inspector of 
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prisons during his inspection. The inmate shall have the opportunity to 


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talk to the inspector or to an) other inspecting officer without the 
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director or other members of the staff being present; 
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(5) Every inmate shall be allowe~ make a request or complaint, without 
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censorship as to substance but in proper form, to the central prison 
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administration, the judicial authority or other proper authorities through 
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approved channels; and 
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(6) Unless it is evidently frivolous or groundless, every request or 
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complaint shall be promptly, dealt with and replied to without undue 
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delay. 
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SECTION 24. Authorization of Appropriations. -
There are authorized to be 
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appropriated to carry out this Act such sums as may be necessary for the implementation 
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of this Act. 
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SECTION 25. Separability Clause. - If any provision or part hereof, is held 
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invalid or unconstitutional, the remainder of the law or the provision not otherwise 
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affected shall remain valid and subsisting. 
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SECTION 26. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
SECTION 27. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspap~~ of general circulation. 
Approved, 
laml 7nov20 14 
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