Republic of the Philippines

House of Representatives
@uezon City

‘SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No.__8003

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr., and
REP. CHRISTOPHER S. CO

AN ACT
ESTABLISHING REGIONAL JAILS UNDER THE BUREAU OF CORRECTIONS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to establish a jail or penal colony in each of the country’s region to augment
the existing district, city, and/or municipal jails.

The Duterte administration has made big strides in its fight against criminality and to
promote peace and security. The government’s successful campaign against illegal drugs, as well
as the recent drive against street idlers, have resulted to thousands of detainees. The sudden
increase in detainees, coupled with the slow legal process, has led to the worsened overcrowding
of jails throughout the country’.

In a 2017 report, the Commission on Audit has flagged the overcapacity in the country’s
prison facilities. According to the COA, the country’s prison facilities which has a total floor area
of 100,315sq.m should only hold a capacity of around 21,000, or around 4.7sq.m of space per
person based on the United Nations Minimum Standard Rules for the Treatment of Prisoners.
Currently, the total population in Philippine jails is 146,302 or an overcapacity of around 612%.

This overcrowding in jails is a serious security and health risk and poses a myriad of
sanitation problems. In fact, in January to February of this year, there has been a recorded 40%
increase in upper respiratory tract infection, hypertension, allergic rhinitis, influenza, boils (pigsa),
irritant contact dermatitis, scabies, acute gastroenteritis, asthma or bronchial asthma, and heat rash
inside jails.?

We urgently need to establish more prison facilities in the country, particularly in each
region, in order to address the problem of overcrowding. With the enactment of this bill, each
region shall have its own penitentiary which shall accommodate convicted prisoners instead of
transferring them to the national penitentiaries.

+ http://www. gmanetwork.com/news/news/nation/659017/coa-drug-war-slow-legal-process-led-to-over-capacity-in-
‘bjmp-jails/story/
? http://news.abs-cbn.com/news/07/03/ 1 8/overcrowded-ph-jails-housing-over-146000-inmates-above-20k-capacity-

oa
> https://news.mb.com.ph/2018/03/1 1/jail-congestion-at-600-spread-of-infectious-diseases-among-inmates-up-by-
40-bjmp/


iew of the foregoing, urgent approval o!

_

Rt CM. BATOCABE ALFREDO IN, Jr. CHRISTO! eR S.CO


Ceyaueune

Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
Third Regular Session

HOUSE BILL No. 8003

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr., and
REP. CHRISTOPHER S. CO

AN ACT
ESTABLISHING REGIONAL JAILS UNDER THE BUREAU CORRECTIONS,
PROVIDING FUNDS THEREFOR 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 "Regional Penitentiary Act of
2018".

Section 2. Policy. - It is declared the policy of the state to maintain peace and order,
protect life, liberty and property, and promote the general welfare. It is further recognized
that no degrading punishment shall be imposed against any prisoner or detainee, nor
substandard or inadequate penal facilities be used to rehabilitate convicted prisoners.

Towards this end, the State shall provide for the improvement of prison facilities in each
region to better address the needs of prisoners.

Section 3. Establishment of Regional Penal Colonies. - There shall be established and
maintained in every geographic region a secured, clean adequately equipped and sanitary
penal colony for the incarceration of convicted prisoners from such region.

The Bureau of Corrections, under the Department of Justice, shall establish and maintain
these regional penal colonies. For purposes of this section, the Department of Justice, in
coordination with the Department of Environment and Natural resources, shall identify
suitable idle public lands in the region, for the construction of the penal colony.

Section 4. Prison Standards — It shall be the duty of the Bureau of Corrections, under
the Department of Justice, to ensure that each regional penitentiary shall strive to adhere
to the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules) and other national and international standards on just and humane treatment of
prisoners.

The Bureau of Corrections, Department of Justice, and the Department of Public Works
and Highways, in consultation with the Philippine National Police, Department of
Interior and Local Government, and the Supreme Court of the Philippines, shall work
together to design the regional penitentiaries to be consistent with the existing needs of
prisoners in each region.


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together to design the regional penitentiaries to be consistent with the existing needs of
prisoners in each region.

Section 5. Implementing Rules and Regulations — The Department of Justice and the
Bureau of Corrections, in consultation with the Department of Budget and Management,
Department of Public Works and Highways, and Department of Environment and
Natural Resources, within ninety (90) days from the effectivity of the Act, shall
promulgate the rules and regulations necessary for the effective implementation of the
provisions of this Act.

Section 6. Appropriations - The sum of Two Billion Pesos (Php2,000,000,000.00) shall
be appropriated from the Philippine Treasury to be at the disposal of the Department of
Public Works and Highways for the purpose of constructing the regional penal colonies.
Thereafter, the amount necessary to carry out the operation and maintenance of the
regional penal colonies shall be included in the yearly budget of the Bureau of Corrections
provided for in the General Appropriations Act.

The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to the existing
guidelines set by the government.

Section 7. Separability Clause. - If, for any reason, any provision of this Act is declared
invalid or unconstitutional, the other sections or provisions not so declared shall remain
in full force and effect.

Section 8. Repealing Clause. - All other laws, rules, regulations, decrees, executive
orders, and other issuance or parts thereof which are inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

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

Approved,