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CONGRESS OF THE PHILIPPINES. [3 RECEIVED @

SIXTEENTH CONGRESS
First Regular Session

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ome: 1 JUL 2013

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HOUSE OF REPRESENTATIVES

House Bill No.. 780

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

EXPLANATORY NOTE

The Philippines recognizes and adheres to the internationally accepted principle
of reciprocity which is the basis of mutual cooperation and amity among nations

It is always a sensitive issue when a Philippine national is sentenced in a foreign
jurisdiction for committing a crime. In this situation, there is always a compelling
interest to balance two primordial interests — the duty of the State to protect the rights
of our nationals on one hand, and the recognition of a foreign country’s sovereign right
to administer justice in its jurisdiction, on the other. In the same manner, foreign
nationals found guilty of committing crime in Philippines also involve these two
interests.

The Departments of Foreign Affairs and Justice have engaged the representatives
of the Hongkong Special Administration Region of the People’s Republic of China and
‘the government of Thailand for the purpose of negotiating the terms of treaties that
would allow Filipinos convicted in these countries to serve their sentences in Philippine
penal institutions. These treaties will also provide reciprocal rights for Hongkong and
Thai citizens convicted by Philippine Courts. The Philippines is expected to forge treaties
with Hongkong and Thailand for the transfer of sentenced persons in the future. Similar
engagements with other countries are in progress particularly those with substantial
number of Filipino migrant workers.

As these treaties are not self-executory and will require the enactment of a
domestic law that will provide the procedure and mechanism for its implementation,
there is urgency in filing this bill. This bill gives the authority to the Secretary of Justice
to receive a Filipino sentenced in a foreign country or cause the transfer of an alien
serving sentence in the Philippine penal institutions in accordance with provisions of the


treaties between the Philippines and the concerned country. In addition, it provides for
the procedure in securing the consent of the sentenced person and the verification of
such consent. It further provides for the administrative costs attendant to the transfer
of sentenced persons.

Treaties on prisoner transfer and this bill which seeks to implement them are
borne out of humanitarian consideration: that of the plight of a sentenced person in
foreign lands. It allows a person to serve his or her sentences in his home country where
his rehabilitation may be properly monitored and within reach of his or her family and
relatives.

In view of the overriding public and humanitarian interests involved, it is
imperative that this bill be immediately passed.

GLORIA \CAPAGAL ARROYO DIOSDAD¢ ‘APAGAL ARROYO
Representative, 2nd District, Pampanga Representative, 2nd District, Camarines Sur


CONGRESS OF THE PHILIPPINES
SIXTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESEN, IVES
House Bill No.. OY

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT AUTHORIZING AND PROVIDING FOR THE PROCEDURE FOR THE
TRANSFER OF SENTENCED PERSONS TO OR FROM FOREIGN COUNTRIES AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Transfer of Sentenced
Persons Act of 2013.”

SEC. 2. Declaration of Policy. The State recognizes the sovereign right of every
State to administer its judicial system within its jurisdiction. Likewise, the Philippines
recognizes and adheres to the internationally accepted principle of reciprocity among
nations.

SEC. 3. Definition of Terms. For the purpose of this Act, the following terms shall
have the following meaning:

a) “Transfer” means a transfer of an individual for the purpose of the execution in
‘one country of a sentence imposed by the court or another country;

b) “Sentence” means any penalty involving deprivation of liberty ordered by a
court on a criminal defendant in the course of the exercise of its criminal
jurisdiction;

¢) “Sentenced Person” means a person who is found guilty of commission of an
offense and made to serve a sentence by a final judgment of a court;

d) “Transferring Country” means the country from which the sentenced person
may be, or has been transferred;


e) “Receiving Country” means the country to which the sentenced person may
be, or has been transferred;

f) “Secretary” means the Secretary of the Department of Justice or his duly
designated representative; and,

g) “Treaty” means a treaty under which a person sentenced in the court of one
country may be transferred to another country for the purpose of serving the
sentence imposed by the said court.

SEC. 4. Applicability. This law shall only be applicable to the transfer of a
sentenced person to and from a foreign country pursuant to a treaty that is in force:
PROVIDED, however, that a sentenced imposed by a foreign court upon a sentenced
person who is subsequently transferred to the Philippines pursuant to a treaty shall be
fully executed in the Philippines even though the treaty under which the sentenced
person was transferred is no longer in force.

SEC. 5. Nationality of a Sentenced Person. A sentenced person may be
transferred from the Philippines to a country of which a sentenced person is a citizen or
national. Only a sentenced person who is a Filipino citizen may be transferred to the
Philippines.

SEC. 6. Double Criminality. At the time of the transfer it must be shown that the
offense for which the sentenced person was sentenced is still an offense in the
transferring country and the receiving country.

SEC. 7. Political Offense Not Covered. The transfer shall not be granted if the
sentenced person is convicted of a political offense.

SEC. 8. Authority of the Secretary. This Act authorizes the Secretary to:

a) received custody of a sentenced person under a treaty from a foreign country
and as appropriate, confine him in the proper penal or correction institution;

b) transfer a sentenced person to the foreign country of which he is a citizen or
national;

c) issue rules and regulations for the proper implementation of this Act;

d) submit to a foreign country and receive from it the certification and reports
required to be made under a treaty;

e) authorize the transportation through Philippine territory of a sentenced
person convicted in a foreign country who is being transported to a third country
for the execution of his sentence, the expenses of which shall be paid by the
country requesting the transportation; and


f) designate agents to receive, on behalf of the Philippines, the delivery by a
foreign government of a Filipino citizen being transferred to the Philippines for
the purpose of serving a sentence imposed by a court of the foreign country and
to convey him to the place designated by the Secretary.

SEC. 9. Applicability of Philippine Law. All laws of the Philippines, as appropriate,
pertaining to prisoners shall be applicable to a person who is transferred to the
Philippines, unless the treaty or this Act provides otherwise.

SEC. 10. Transfer of Persons Serving Sentence. Except as provided in this Act, a
person serving a sentence in a foreign country who is transferred to the custody of the
Secretary shall remain in the appropriate penal institution or establishment in the
Philippines under the same conditions as if he had been committed to the custody of
said penal institution or establishment by a Philippine court and for the period of time
which remains to be served under his sentence imposed by the transferring country.

SEC. 11. Credit for Good Conduct and other Time Allowances. The transferred
person shall be entitled to deductions from the period of his sentence for time served
abroad as a detention prisoner in connection with the offense or acts for which the
sentence was imposed.

The transferred person shall also be entitled to good conduct and other time
allowances or any other credit toward the service of the sentence which had been given
by the transferring country for time served as of the time of the transfer. Subsequent to
the transfer, the sentenced person shall also be entitled to credits for good conduct and
for loyalty provided under Articles 97 and 98 of the Revised Penal Code and similar laws.

If the country from which the offender is transferred does not give allowances for
good conduct or loyalty, the basis for computing deductions from the sentence imposed
shall be at the rates prescribed in the aforementioned provisions of the Revised Penal
Code and similar laws.

A sentence for an offense committed earlier by the transferred person in the
Philippines, which is imposed by a Philippine court while said person is serving the
sentence in a foreign country shall be aggregated with the foreign sentence in the same
manner as if the foreign sentence was once imposed by a Philippine court on a
sentenced person for an offense against the people of the Philippines.

SEC. 12. Consent of Sentenced Person. No sentenced person shall be transferred
to or from the Philippines without the said person’s consent. Once given and verified,


the sentenced person’s consent to transfer shall be irrevocable. However, in case the
sentenced person is incapacitated from giving such consent, his or her consent may be
given by a person or person's entitled to act under his or her behalf under the laws in
force in his or her country, including the State.

SEC. 13. Verification of Consent of a Sentenced Person to Transfer from the
Philippines. Prior to the transfer of a sentenced person from the Philippines, the
Secretary shall verify that the sentenced person:

a) consents to such transfer and that such consent is voluntary and not the result
of any promises, threats, or other improper inducements with full knowledge of
the consequences thereof, and
b) understands and agrees that the transfer shall be subject to the following
conditions:
(i) only the appropriate court in the transferring country may modify or set
aside the conviction of sentence, and any proceeding seeking such action
may only be brought in such court;
(ii) the service of the sentence shall be carried out according to the laws of
the receiving country and that those laws are subject to change;
(iii) if a court in a receiving country should determine upon a proceeding
initiated by the sentenced person or on his behalf that his transfer was not
accomplished in accordance with the treaty or laws of the transferring
country, the offender may be returned to the transferring country to
complete the sentence if the said country requests for his return; and,
(iv) that his consent to transfer, once given and verified, is irrevocable.

SEC. 14. Verification of Proceedings. The proceedings for the verification of the
consent of a sentenced person shall be in accordance with the terms of the treaty.

SEC. 15. Right to Counsel. In proceeding to verify the consent given by a
sentenced person for transfer, the sentenced person shall be advised of his right to
consult with counsel before determining if his consent is given voluntarily and with full
knowledge of the consequences. If the sentenced person wishes to consult with counsel
before giving his consent, he shall be advised that the proceedings will be suspended
until he has had an opportunity to consult with counsel. If the sentenced person is
financially unable to obtain counsel, the same shall be provided with the assistance of
counsel for free

SC. 16. Loss of Rights Disqualification. A sentenced person transferred to the
Philippines to serve a sentence imposed by a foreign court shall not incur any loss of

4


civil, political or civic rights nor incur any disqualification other than those which are
provided under the laws of the Philippines in which the issue arises and which would
result from the fact of the conviction in the foreign country.

SEC. 17. Transit of Sentenced Person. Subject to the provisions of a treaty to
which the Philippines is a party, if either party transfers a sentenced person from any
third country, the country shall cooperate in facilitating the transit through its territory
to such a sentenced person. The party intending to make such transfer shall give
advance notice to the other party of such transit.

SEC. 18. Return of Transferred Person. Upon final decision by a Philippine court
that the transfer of the sentenced person to the Philippines was not in accordance with
the treaty or the laws of the Philippines and upon ordering the sentenced person’s
release from serving the sentence in the Philippines, the transferred person so released
may be returned to the transferring country to complete the sentence. PROVIDED,
however that:

a) The transferring country requests for his return. The Secretary, through
diplomatic channels, shall notify the appropriate authority of the transferring
country within ten (10) days from the decision of a Philippine court ordering the
release of the transferred person. The notification shall specify the time within
which the transferring country must request for the return of the transferred
person and shall be no later than thirty (30) days from the date of the release
order of the court.
b) Upon receipt, through diplomatic channels, of a request from the transferring
country that the transferred person ordered release be returned for the
completion of his sentence, the Secretary may file a complaint for the return of
the transferred person to the transferring country with the judge of the court
that exercised jurisdiction over the transferred person. The complaint shall be
made under oath and supported by affidavits establishing that:

(i) the transferred person was convicted and sentenced by a court of the
transferring country;

(ii) the transferred person was transferred to the Philippines for the
execution of his sentence;

(iii) the transferred person was ordered release by a Philippines court
before he had completed his sentence because the transfer of the
offender was not in accordance with the treaty or laws of the Philippines;
and,

(iv) the transferring country has requested that the transferred person be
returned for the completion of the sentence.

Ay


Attached to the complaint shall be a copy of the sentence of the court of
transferring country and of the decision of the court in the receiving country that
ordered the release of the transferred person.

A summon or warrant shall be issued by the judge ordering the transferred
person to appear or to be brought before it. If the judge finds that the person before
him is the person described in the complaint and that the facts alleged in the complaint
are true, he shall issue an order for the commitment of that person to the custody of
the Secretary until surrender to the transferring country has been made. The finding and
a copy of all testimonies taken before him and of all documents introduced before him
shall be transmitted to the Secretary of Foreign Affairs of the Philippines so that an
order may, upon the request of the proper authorities of the transferring country, be
issued against the transferred person.

c) A complaint referred to in subsection (b) must be filed within sixty (60) days
from the date on which the decision ordering the release of the offender
becomes final.

d) A sentenced person returned under this Section shall be subject to the
jurisdiction of the transferring country to which he is returned for all purposes.

e) The return of a transferred person shall be conditioned upon the transferred
person being given credit toward service of the sentence for the time spent in the
custody of, or under the supervision of the Philippine court or the Secretary.

SEC. 19. Execution of Sentence Imposed; Restitution or Reparation. If in a
sentence issued in a criminal proceeding of a transferring country, a sentenced person
transferred to the Philippines has been ordered to pay the sum of money to the victim
of the offense, that penalty of award or damage may be enforced as though it were a
judgment rendered by a Philippine court. Proceedings to collect the money ordered to
be paid may be instituted by the Secretary in a Philippine court. Moneys recovered
pursuant to such proceedings shall be transmitted through diplomatic channels to the
treaty authority of the transferring country for distribution to the victim.

SEC. 20. Jurisdiction of Proceedings Relating to Transfer of Sentenced Person.
When a treaty is in effect between the Philippines and a foreign country providing for
the transfer of sentenced person;

a) the country in which the sentenced person was convicted shall have exclusive
jurisdiction and competence over proceedings seeking to challenge, modify or set
aside convictions or sentences handed down by a court of such country;


b) all proceedings instituted by or in behalf of a sentenced person transferred
from the Philippines to a foreign country seeking to challenge, modify or set aside
the conviction or sentence upon which that transfer was based shall be brought
in the country that would have jurisdiction and competence if the sentenced
person had not been transferred;

c) all proceedings instituted by or in behalf or a sentenced person transferred to
the Philippines pertaining to the manner of execution in the Philippines of a
sentence imposed by a foreign country shall be brought in the Philippines court in
the place where transferred person is confined or in which supervision is
exercised and shall name the Secretary and the official having the immediate
custody or exercising immediate supervision of the transferred person as
respondents. The Secretary shall defend against such proceedings;

d) all proceedings instituted by or in behalf of a sentenced person seeking to
challenge the validity or legality of the sentenced person’s transfer from the
Philippines shall be brought to the Philippines court in which the proceedings to
determine the validity of the sentenced person consent were held and shall name
the Secretary as respondent; and,

e) all proceedings instituted by or in behalf of a sentenced person seeking to
challenge the validity or legality of his or her transfer to the Philippines shall be
brought to the Philippines court of the place where he or she is confined or in
which supervision is exercised and shall name the Secretary and official having
immediate custody or exercising immediate supervision of the transferred person
as respondents. The Secretary shall defend against such proceedings

SEC. 21. Expenses. The expenses incurred in the transportation of the
transferred person and those brought about by the continued enforcement of the
sentence after transfer shall be borne by the receiving country. The Secretary may,
however, seek to recover all or part of such costs from the transferred person.

SEC. 22. Appropriations. For the initial implementation of this Act, funds as may
be necessary to carry out its provisions shall be taken from the current General
Appropriations Act. Thereafter, such sum as may be necessary for its continued
implementation shall be included in the Annual General Appropriations Act.

SEC. 23. Implementing Rules and Regulations. The Secretary, shall within sixty
(60) days, draw up the necessary rules and regulations for the proper implementation of
any such treaty or covenant, in accordance with the provisions of this Act.


SEC. 24. Repealing Clause. All laws, executive orders, executive issuances, rules
and regulations, or part thereof which are contrary to or inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 25. Separability Clause. Should any portion or provisions of this Act be
declared unconstitutional or invalid by a competent court, the other provisions hereof
shall continue to be in force as if the provisions so annulled or voided had never been
incorporated in this Act.

SEC. 26. Effectivity. This Act shall take effect thirty (30) days after its publication
in a newspaper of general circulation at least once for three (3) consecutive weeks, or in
the Official Gazette. The provisions of this Act shall remain in force during the existence
of a treaty or convention for the transfer of sentenced persons with any other state or
government.

Approved,