Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 0117

Introduced by Representative JUAN MIGUEL MACAPAGAL ARROYO

AN ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR CHILDREN

EXPLANATORY NOTE

The deprivation of liberty has very different effects on men and women. A defendant
who is the custodial parent of a minor chid may not be fully aware of the dire
consequences of being convicted and being separated from the child. Since mother’s
role in the overall development of a child is unquestionable, hence, separation may
have long-term negative effects and may contribute to the delinquency of children.

In order for our prison policies to subscribe to our fundamental law and international
obligation, policy makers must:(1)take cognizance of the rights of detained
persons,(2)the unique relationship of a mother to the child, and (3)the need for special
care and consideration of children in difficult conditions.

It is expressly stated in Article 11, Section 12, of our Constitution that "The State
recognizes the sanctity of the family life and shall protect and strengthen the family as
the basic autonomous social institution. Aside from adhering to this specific provision of
our fundamental law, we also have a duty of to comply in the international obligation
where the Philippines is a party to. Therefore, we should respect what is being
espoused in Article 25 of the Universal Declaration of Human Rights which state that
‘Motherhood and Childhood are entitled to special care and assistance and the
International Convention on Civil and Political Rights (ICCPR) which places special
emphasis on the protection of mother and their children and states that "Pregnant
women who are deprived of their liberty should receive humane treatment and respect
of their inherent dignity at all times, and in particular during the birth and while caring for
their newborn children, Party States should report on facilities to ensure this and on
medical and health care for such mothers and their babies."(Human Rights Committee,
General Comment 28 Article 3 of the ICCPR)

In consideration of these commitments, this bill processes to make mandatory for
appropriate government agencies to establish programs which assist imprisoned
parents in the performance of their paternal and child-rearing responsibilities. This
programs will give due consideration on the rights of all those directly affected mothers,
fathers and their children. It will also guarantee assistance, when needed to dependents
in particular, minor members of families of detained or imprisoned persons.


In view of the foregoing, it is the fervent hope of the author that this bill will be
expeditiously passed into law.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.2117

Introduced by Representative JUAN MIGUEL MACAPAGAL ARROYO

ACT
CREATING PROGRAMS FOR INCARCERATED MOTHERS AND THEIR CHILDREN

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

SECTION 1.Short Title. - This Act shall be known as the “Mother in Jail Act of
2016".

SECTION 2. Declaration of Policy. -

(A) The State recognizes that all persons deprived of their liberty shall be treated
with humanity and shall enjoy all the rights guaranteed to free persons, subject to
the restrictions that are unavoidable in a closed environment.

(B) The State shall promote stable and solid relationships between children and
their primary care-giver and support incarcerated parents to develop and maintain
their relationship with their children.

(C) In all actions concerning children, whether undertaken by the public or private
social welfare institutions, courts of law, administrative authorities or legislative
bodies, the best interests of the child shall be the primary consideration

(D) The State shall assure to the child who is capable of forming his or her own
views the right to express those views freely in all matters affecting the child. The
views of the child being given due weight in accordance with age and maturity of
the child.

SECTION 3. Apprising Custodial Parents of Their Parental Rights. - In cases
involving custodial parents, the court must give an appropriately attend warning of the
special consequences for a defendant's parental rights that may result from a plea of
guilty or a conviction.

SECTION 4. Placement of Guardianship Options. - The court shall provide
defendant with a reasonable amount of time to appropriately attend to the needs of his
or her minor children for safe and appropriate care prior to accepting a guilty plea. The
court, in coordination with the Department of Social Welfare and Development, shall
explain the various options available to the defendants.

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. 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 the children of defendants
or for infants born to women already incarcerated in the state prisons; and

(C) Establish programs designed to provide counselling, health and other social
services to the incarcerated parents and their children. Mother's and
children's(those under one-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 prisons facilities shall
establish child-friendly opportunities for mothers and children. A special visitation rooms
for mothers and their children shall be provided for this purpose.

SECTION 7. Independent Monitoring. - Frequent access to prison shall be granted
to relevant offices such as the Commission on Human Rights, human rights. non-
government organizations, and international organization. The Coordinating Body shall
assign person to conduct independent monitoring of the various prison facilities. Such
persons conducting tasks shall be allowed to make periodic and unannounced visits to
the premises and speak in private with imprisoned mothers 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 General Appropriations Act of the
year following the enactment of this law and every year thereafter.

SECTION 9. Separability Clause.- If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting

SECTION 10. Repealing Clause.- Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule and regulation contrary to
or is inconsistent with the provision of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 11. Effectivity Clause.- This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation

Approved.