(* RECEIVED ©
© anSEP.
a

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4645

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Republic Act No. 6975 otherwise known as the “Department of the Interior and
Local Government Act of 1990" provides that the Bureau of Jail Management and
Penology (BJMP) shall exercise supervision and control over all city and municipal jails
while provincial jails shall be supervised and controlled by the provincial government
within its jurisdiction. Such fragmented setup has led to gaps in standards in the
treatment of persons deprived of liberty.

Records from the BJMP show that of the 74 provincial jails nationwide, 13
provincial jails are now being supervised and manned by the BJMP by virtue of a
memorandum of agreement between the LGUs and the provincial governments.
Meanwhile, seven provinces have no provincial jails. The DILG through Secretary
Eduardo Afio have expressed support to such integration, noting that the transfer of
provincial jails to BJMP ‘will also be advantageous to the local governments” as they
will not anymore worry about issues like riots, jailbreaks, salaries of local jail personnel,
and meals for inmates.

According to the Department of the Interior and Local Government (DILG), some
jails managed by local government units usually employ ill-trained and equipped
personnel and lack adequate facilities making them prone to escapes. In 2016, eight
members of a local terrorist group escaped the Lanao del Sur Provincial Jail located in
Marawi City after fully armed men stormed the prison, which authorities believed was a
rescue operation to free the leader of the local terrorist gang Maute Group. In 2018, an
inmate was killed while trying to escape with six others from the Maguindanao
Provincial Jail. The inmates managed to bolt out by tinkering with the jail’s main locks
while jail authorities were preparing the day's pre-dawn meal for the Ramadan fasting
inside the prison facility.



To further prevent jailbreaks, this bill seeks to integrate all provincial jails to the
BJMP so as to professionalize and standardize the management of jails at the local
level. This measure will also ensure that local jails are manned by highly-trained and
competent jail personnel.

In consideration of the foregoing premises, the passage of this bill is humbly
sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL no 4645

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
TRANSFERRING TO THE BUREAU OF JAIL MANAGEMENT AND
PENOLOGY THE AUTHORITY TO EXERCISE SUPERVISION AND
CONTROL OVER PROVINCIAL JAILS AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. The Bureau of Jail Management and Penology shall exercise supervision
and control over provincial jails. For this purpose the current supervision and contro! of
provincial jails by provincial governments are hereby transferred to the Bureau of Jail
Management and Penology. Each provincial jail shall be headed by a provincial jail
warden with a rank of superintendent who must be a graduate of Bachelor of Laws or a
holder of a master’s degree in management, public administration, public safety,
criminology, penology, sociology, national security administration, defense studies or
other related disciplines from a recognized institution of learning, and must have
satisfactorily passed the necessary training or career courses for superintendent
position as may be established by the Bureau of Jail Management and Penology.

A provincial jail warden shall be appointed by the Chief of the Jail Bureau and the
appointment must be attested to by the Civil Service Commission.

SECTION 2. Within six (6) months from the effectivity of this Act, the Secretary of the
Interior and Local Government and the Secretary of Budget and Management shall
revise the organizational structure and staffing pattern of the Bureau of Jail
Management and Penology to include the necessary manpower to operate provincial
jails.

SECTION 3. All the existing provincial jail facilities, equipment, records, rights, liabilities
and other assets pertaining to provincial jails of every provincial government are hereby
transferred to the Bureau of Jail Management and Penology.


The incumbent personnel of provincial jails shall continue to perform their duties
and responsibilities in a holdover capacity until such time that qualified personnel are,
based on the staffing pattern, assigned and appointed. The qualified incumbent
personnel of provincial jails may be absorbed by the Bureau of Jail Management and
Penology without loss of seniority.

Any personnel who are not absorbed by the Bureau of Jail Management and
Penology shall be given preference in the filling-up of vacancies in the provincial
government or shall be allowed to retire under existing laws, rules and regulations.

SECTION 4. The amount necessary for the initial implementation of this Act shall be
sourced from the current appropriations of the Bureau of Jail Management and
Penology. Thereafter, such sums as may be necessary for the continued
implementation of this Act must be included in the General Appropriations Act.

SECTION 5. Within ninety (90) days from the approval of this Act, the Secretary of the
Interior and Local Government, in coordination with the Chief of the Bureau of Jail
Management and Penology and the President of League of Provinces, shall promulgate
the rules and regulations implementing the provisions of this Act. The implementing
tules and regulations issued pursuant to this section shall take effect thirty (30) days
after its publication in two (2) newspapers of general circulation.

SECTION 6. Sections 61, 62 and 63 of Republic Act No. 6975, as amended, otherwise
known the “Department of the Interior and Local Government Act of 1990,” and Section
17(b)(3)(vi) of Republic Act No. 7160, as amended, otherwise known as “The Local
Government Code of 1991," are hereby amended and modified accordingly.

SECTION 7. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or a newspaper of general circulation.

Approved,