EIGHTEENTH CONGRESS OF THE REPUBLIC 
)
OF THE PHILIPPINES 
)
First Regular Session 
)
SENAT 
S.B. NO!ATf344
v 
of tljf Srcrrtnrp
20 
FEB 13 
P2 ;47
RECEIViDB'-
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR 
CHILDREN
EXPLANATORY NOTE
The deprivation of liberty due to the commission of a crime affects not only the 
person incarcerated but also the person's family. This holds true, even more so 
for solo parents who, by reason of their incarceration, are forced to leave their 
children. In consideration of the forgoing, the proposed bill aims to establish 
mechanisms which shall assist imprisoned solo parents in the performance of 
their parental 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 placement 
opportunities shall be a condition precedent to acceptance of a plea of guilt shall 
be removed, in order not to impede the duty of the State to prosecute criminal 
actions.
In view of the foregoing, the passage of this bill is earnestly recommended.
MARIA LOURDES NmCY S. BINAY 
Senator


Senate
y’ (©flier of tbe
EIGHTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s.B. NO. 1344
20 
FEB 13 P2 42
RECED'D BY.
P-
Introduced by Senator Maria Lourdes Nancy S. Binay
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AN ACT
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR 
CHILDREN
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Tide. -  This Act shall be known as "Parents in Jail Act o f 2019."
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State
that:
(1) The State shall defend the rights of children to special protection from 
all 
forms of neglect 
and 
other conditions 
prejudicial 
to their 
development;
(2) The State recognizes that all persons deprived of their liberty shall be 
treated humanely and shall enjoy all the rights guaranteed to free 
persons, subject to the restrictions that are unavoidable in a closed 
environment;
(3) The State shall promote stable and solid relationships between children 
and parents, who are their primary care-givers and support incarcerated 
parents to develop and maintain their relationship with their children;


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The State shall assure the right of the child to express his views freely in 
all matters affecting him, the views of the child being given due weight in 
accordance with his age and maturity.
Sec. 3. Apprising Incarcerated Parents o f Their Parental Rights. -  In cases 
involving incarcerated parents, the court must give an appropriate warning of the 
special consequences concerning the parental rights of the accused that may 
result from a plea of guilty or conviction, especially the loss of parental authority.
Sec. 4. Placement and Guardianship Options. -  After arraignment and 
upon plea of guilty, the court shall inquire from the accused if the latter has any 
minor children and in whose custody the minor children are. In the event that 
the accused has minor children, the court shall motu proprio direct a social 
worker or a 
representative of the Department of Social Welfare and 
Development, to confer with the accused to discuss various options available to 
the latter, in relation to the care and custody of his or her minor children. A 
compliance report, duly signed by the accused, shall thereafter be submitted to 
the court, attesting that options have been discussed and the selected option, if 
any.
Should the accused be unable to place his minor children under the care 
of a responsible adult, the minor children shall be placed under the care of the 
following persons, in the order indicated:
1. 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 of age, 
and within the fourth civil degree of consanguinity or affinity of the minor 
children; and
4. The Department of Social Welfare and Development.
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Sec. 
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 of this 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 (1) 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.
Sec. 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.
Sec. 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


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