SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B:No.~l 
Introduced by Senator Maria Lourdes Naucy S. Binay 
EXPLANATORY NOTE 
BILLS 8< 
The deprivation of liberty due to the commission of a crime affects not only the person 
incarcerated but also the pcrson's family. This holds true, even morc so for solo parents who, 
by reason of their incarceration. are forced to leave their children. In consideration of the 
foregoing, the proposed bill aims to establish mechanisms which shall assist imprisoned solo 
parents in the performance of their parcntal and child-rearing obligations. 
While present bills on the matter only highlight mothers who may be put into custody, the 
proposed bill aims to remove the distinction between a mother and father, and aims to level 
the playing field by allowing even single fathers from availing of the benefits of the act. 
Moreover, the impression that placcment opportunities shaH be a condition precedent to 
acceptance of a plea of guilty shall be removed, in order not to impede the duty of the State to 
prosecute criminal actions. 
In view ofthe foregoing, the passage of this bill is earnestly recommended. 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
", t 
S. '8. NO'-->.1.1 
Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR 
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CHlLDREN 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Title. - This Act shall be known as "Parents inJai/ Act of2()J3." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State that: 
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(I) The State shall defend the rights of children to special protection from all forms of 
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neglect and other conditions prejudicial to their development; 
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(2) The State recognizes that ail persons deprived of their liberty shall be treated 
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humanely and shail enjoy ail the rights guaranteed to free persons, subject to the 
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restrictions that are unavoidable in a closed environment; 
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(3) The State shall promote stable and solid relationships between children and parents, 
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who are their primary care-givers and support incarcerated parents to develop and 
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maintain their relationship with their children; 
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(4) The State shail assure the right of the child to express his views freely in aJl matters 
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affecting him, the views of the child being given due weight in accordance with his 
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age and maturity. 
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SECTION 3. Apprising Incarcerated Parents of Their Parental Rights. -In cases involving 
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incarcerated parents, the court must give an appropriate warning of the special consequences 
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concerning the parental rights of the accused that may result from a plea of guilty or 
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conviction, especially the loss of parental authority. 
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SECTION 4. Placement and Guardianship Options. ,- After arraignment and upon plea of 
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guilty, the court shall inquire from the accused if the latter has any minor children and in 
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whose custody the minor children are. In the event that the accused has minor children, the 
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court shall motu proprio direct a social worker or a representative of the Department of 
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Social Welfare and Development, to confer with the accused to discuss various options 
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available to the latter, in relation to the care and custody of his or her minor children. A 


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, compliance report, duly signed by the accused, sball thereafter be submitted to the court, 
attesting that options have been discussed and the selected option, ifany. 
Should the accused be unable to place his minor children under the care of a responsible 
adu It, the minor children shall be placed under the care of the following persons, in the order 
indicated: 
I. Surviving grandparent; 
2. Oldest brother or sister, over twenty-one (21) years of age, unless unfit or 
disqualified; 
3. Any collateral relative of the accused, over twenty-one (21) years or age, and 
within the fourth civil degree of consanguinity or affinity of the minor 
children; and 
4. The Department of Social Welfare and Development. 
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, for purposes of 
implementing the provisions ofthis Act. 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 the accused or for 
infants born to women already incarcerated in state prisons; and 
c. Establish programs designed to provide counseling, health and other social services to 
the incarcerated parents and their children. Mothers' and children's (those under one 
(I) year old and still staying with their mother) access to health care services and 
medicines, including reproductive health care and medical attention, gynecological 
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 solo parents and children. A special visitation room 
for solo parents and 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-
governmental organizations, and international 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 solo parents and their children. 
SECTION 8. Appropriations. - The amount necessary to carry out the provisions of this Act 
is hereby authorized to be appropriated in the budget of the Department of Social Welfare 
and Development and included in the General Appropriations Act of the year following the 
enactment ofthis law and every year thereafter. 


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SECTION 9. Separability Clause. - If any portion or provision of this Act is declared void 
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and unconstitutional, the remaining portions or provisions hereof shall not be affected by 
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such declaration. 
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SECTION 10. Repealing Clause. - All laws, decrees, orders, rules and regulations, other 
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issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
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modi1ied accordingly. 
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SECTION 11. Eflectivily Clause. - This Act shall take effect fifteen (15) days after its 
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complete publication in at least two (2) national newspapers of general circulation. 
Approved,