EZ REPRESSES

Republic of the Philippines f° E- Filed ” x
HOUSE OF REPRESENTATIVES iS RECEIVED <\
Quezon City DATE _July8,2022.

* TME 1223pm_—*

NINETEENTH CONGRESS \ al Li
First Regular Session <<
Wl S
HOUSE BILLNO. 1658 Wo Inve’

Introduced by Representative Roman T. Romulo

AN ACT
PENALIZING ANY PERSON PROVIDING OR POSSESSING CONTRABAND AND THOSE WHO
SHALL AID OR ABET THE INTRODUCTION OF THE SAME INSIDE ANY PRISON FACILITY
ADMINISTERED BY THE DEPARTMENT OF JUSTICE, PROVIDING PENALTIES THEREFORE
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Despite existing regulations prohibiting the trade and possession of contrabands in
our different correctional facilities, the menacing activity of contraband hoarding and the
seeming ineptitude of prison authorities to put an end to this activity still plague our penal
system.

The series of raids conducted by the Department of Justice together with the agents
of the National Bureau of Investigation and the officers of the Bureau of Corrections (BuCor),
the Philippine National Police, and the Philippine Drug Enforcement Agency proved that the
New Bilibid Prison has become a hub of continuing criminality. In December 2014, authorities
uncovered a cache of high-powered firearms and cash in the felons’ quarters. Convicts,
particularly high-profile drug dealers, also enjoy some amenities of private individuals like air-
conditioned rooms with TV sets, Wi-Fi, refrigerators, Jacuzzis and sauna, hi-tech
entertainment systems, concert equipment, aquariums, bar and kitchen and back-up power
generators. They also sported pricey watches, and had wads of cash in their pockets, as if they
were living in plush subdivisions and not in the national penitentiary.

Another publicized raid in November of 2015 revealed similar results wherein guns,
bladed weapons, luxury items, and substantial amounts of money were found in the


possession of inmates. The most recent raid conducted by the authorities last May still proved
that contrabands are still rampant inside our national penitentiary. The proliferation of these
contraband items inside our prisons appear to have been unaffected by the so-called "Oplan
Galugad” of the BuCor.

The supposed heavy constraints and policing, stringent inspection, and eminent police
presence inside the national penitentiary proved not to deter the temerity and boldness of
inmates in hoarding, using and generating lots of money in contrabands.

The seeming continued proliferation of contraband in prison is an appalling show of
contempt for our justice system, whose main purpose is to reform and rehabilitate inmates
for their eventual return to society. When a convicted criminal is still exposed to the very
objects that had caused his incarceration, he resists reformation. Indeed, it would be difficult
for an inmate to feel some remorse considering that he still has the comforts of home even
when he is behind bars.

This proposal patterned after Title 18, Part | Chapter 87 of the U.S. Code Series of 1791,
aims to put a stop to the shenanigans happening inside our prison facility by penalizing those
who would provide, assist, aid or abet in the introduction of any prohibited object or
contraband inside a prison facility, along with the inmate who makes, possesses or obtains or
attempts to make or obtain the same inside the prison facility, and imposing a stiff penalty
for its commission.

stiff penalty is required in this circumstance in order to instill fear and be an effective
deterrence to those contemplating of doing this crime in the future. More importantly, the
said penalty applies as well to government officials or employees who cooperate or co-opt
with the inmate or other private persons involved therein.

Not only will the government officials and employees suffer the same penalty, but
they shall also suffer the additional punishment of perpetual absolute disqualification from
holding a public office and forfeiture of all retirement benefits and all accrued leave credits.
Thus, these people will have to rethink getting involved in the said crime or desist from doing
it.

It is for this purpose that the approval of this bill is earnestly sought.

ROMAN T. ROMULO
Lone District, Pasig City


ON OAAWNS

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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO._1658

Introduced by Representative Roman T. Romulo

AN ACT
PENALIZING ANY PERSON PROVIDING OR POSSESSING CONTRABAND AND THOSE WHO
SHALL AID OR ABET THE INTRODUCTION OF THE SAME INSIDE ANY PRISON FACILITY
ADMINISTERED BY THE DEPARTMENT OF JUSTICE, PROVIDING PENALTIES THEREFORE
AND FOR OTHER PURPOSES

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

SECTION 1. Title. This Act shall be known as the “Anti-Contraband in Prison Act of
2022".

SECTION 2. Declaration of Policy. The maintenance of peace and order, the protection
of life, liberty and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy. To implement this policy, the State
is mandated to enact laws aimed at achieving a just and orderly society governed by rules and
regulations made applicable to all and not just to a chosen few. Recent inspections in our
penal facilities including the New Bilibid Prisons show that some inmates incarcerated in our
penal institutions continue to enjoy the luxuries they were accustomed to while they were
outside the prison compound. To remedy this seeming inequity and to truly implement the
thrust of one of the five pillars of our justice system, a mechanism for the effective
implementation of the goal of the said pillars i.e., reformation, should be instituted. Towards
this end, the State shall strictly monitor and regulate the ingress/egress of any person in any
prison facility and provide the appropriate sanction to be imposed on any person found to be
violating the rules set forth herein.

SECTION 3. Definition of Terms. As used in this section:


(1) “Person” shall refer to natural persons and shall include private individuals as well
as government/public official or employee in cahoots with the prisoner;

(2) “Prison” means a correctional detention or penal facility or any prison, institution,
or facility under the control and supervision of the Department of Justice (DOJ) in
which persons are held in custody for violation of law or commission of a felony;

(3) "Firearms" “Ammunition” and “Explosive or Incendiary Device" shall have the same
meaning, as that provided for in accordance with Republic Act 10591, otherwise
known as the “Comprehensive Firearms and Ammunition Regulations Act" and
Section 3 of Presidential Decree 1866 as amended by Republic Acts 8294 and 9516;

(4) “Dangerous Drugs” shall have the same meaning as that provided for in Republic
‘Act 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”
and all other illegal substances prohibited therein including but not limited to
Ecstasy, Methamphetamine Hydrochloride or Shabu and other drugs producing
similar effects;

(5) “Prohibited Object or Contraband” means —

(A) a firearm, incendiary device or dangerous drugs as defined herein;

(8) ammunition, weapon or an object that is designed or intended to be used as
a Weapon or to facilitate the detained persons escape from prison;

(C) anyalcoholic or intoxicating beverage;

(D) any money whether Philippine or Foreign denominated currency;

(E) a cell phone, laptop computer, accessories thereof, or any device used for
purposes of communicating with the outside world for commercial purposes
including signal jammers to prevent the authorities from determining their
use of the aforementioned devices;

(F) luxury items such as but not limited to electronic devices, jewelry or any other
objects of such nature that should otherwise not be found inside the penal
institution, and

(G) any other object that threatens the order, discipline, or security of a prison,
or the life health, or safety of an individual detained therein.

SECTION 4. Registration Requirement. All persons desiring to visit his/her relative

detained in any prison facility shall, before or during the actual visit, prepare and accomplish
before any prison official in charge of manning the entrance of the said facility a registration
form which shall contain the following information:


1 (a) Full name and complete address of the visitor who shall be accompanied by any of
2 the following documents, to wi
3 1. AValid Identification Card with photograph;
4 2. AValid Passport;
5 3. Driver's License;
6 4. Social Security System Identification Card;
7 5. Company Identification Card;
8 6. Government Service Insurance System identification card;
9 7. Voter's Identification Card;
10 8. Senior's Citizen Card;
"1 9. School Identification Card; or
12 10. National Identification Card
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14 (b) His/her relationship to the person to be visited;
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16 (c) The things or objects he/she is bringing to the person to be visited; and
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18 (d) Unless related to the detained person or the latter's counsel of record, the purpose
19 of said visit.
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24 SECTION 5. Prohibited Acts. Any person who commits any of the following prohibited
22 acts shall be punished in accordance with the preceding section ~
23
24 (A) In violation of any law or any rules and regulations issued in relation thereto or
25 any rules and regulations implemented by prison authorities of the penal facility,
26 provides to an inmate of a prison any prohibited objects or contraband, or
27 attempts to do so; or
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29 (B) Assists, aids or abets in the procurement by an inmate of the prohibited objects or
30 contraband defined herein; or
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32 (C) Being an inmate of a prison makes, possesses or obtains, or attempts to make or
33 obtain a prohibited object or contraband.
34
36 SECTION 6. Penal Provisions. (a) For Failure to comply with the Registration

36 Requirement: Any person who shall commit a violation of Sec. 4 hereof shall suffer the penalty
37 _ of imprisonment ranging from one (1) day to five (5) days or a fine of One Thousand Pesos

38 (1,000);
39
40 (b) For violation of Sec 5 (A). The penalty of imprisonment ranging from Twenty Years

41 and One Day (20 years, 1 day) to Forty Years (40 years) and a fine of Ten Million Pesos

3


Cor aaRona

(P10,000,000.00) if the prohibited object or contraband involved is covered by Section 3
(5)(a)(b)-

Ifthe prohibited object or contraband involved is other than the abovementioned, the
penalty shall be six years and one day 6 years, 1 day) to twelve years (12 years) and a fine of
ne million pesos (P2,000,000.00). These penalties shall be served consecutively after the
service of sentence imposed by the court on the possession of the prohibited object or
contraband.

{c For violation of Sec 5 8). The penalty of imprisonment ranging from Twelve Years
and One Day (12 years, 1 day) to Twenty Years (20 years) and a fine of Five Million Pesos
(P5,000,000.00) if the prohibited object or contraband is covered by Sec 3(5)(a)(b). Otherwise,
the penalty shall be six years and one day (6 years, 1 day) to twelve years (12 years) anda fine
of one million pesos (P1,000,000.00).

(d) For violation of Sec 5 (C). The penalty of imprisonment ranging from Twenty Years
and One Day (20 years, 1 day) to Forty Years (40 years) and a fine of Ten Million Pesos
(P10,000,000.00) if the prohibited object or contraband is covered by Sec 3(5)(a)(b).
Otherwise, the penalty shall be six years and one day (6 years, 1 day) to twelve years (12
years) and a fine of one million pesos (P1,000,000.00) The said penalty shall be in addition to
the original penalty to which the inmate was sentenced to serve.

If the offender is a public official or employee, he shall, in addition to the penalties
herein provided, suiter the additional penalty of absolute perpetual disqualification from
holding public office and the forfeiture ofall his retirement benefits and accrued leave credits.

SECTION 7. Implementing Rules and Regulations. Within sixty (60) days from the
approval of this Act, the DOJ in coordination with the Department of Interior and Local
Government (DILG), the Bureau of Jail Management and Penology (BJMP) and the Bureau of
Corrections (BuCor) shall issue the necessary rules and regulations to implement its
provisions.

SECTION 8. Separabi
shall be held to be unconsti

Clause. If, for any reason, any provi

n or section of this Act
tional or invalid, the other provisions or sections hereof which
are not affected thereby shall continue to be in full force and effect.

SECTION 9. Effectivity. This Act shall take effect fifteen (15) days after the completion
of its publication in the Official Gazette or in at least two (2) newspaper of general circulation,

Adopted,