Republic of the Philipines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

Fist Requitor Session

House 5i#No,__ 4619

titroduced hy Hon. Radolfo G. Biazon

EXPLANATORY NOTE,

This Bill seeks tw resolve the age-old plight of the Bureat of Corrections in terms of
outdated lan, inequitable personnel remuneration, obsolete facilities and equipment. and an
antediluvian organizational structure.

The Bureau of Corrections (BuCon, which was created by vine of the
Reorganization Act 1407 of 1905, has seen not much major legislative updating exeept for a
hange in its name from formerly Bureau of Prisons through the Revised Administrative
Code of 1987, Its operations are stil! based on the Prison Law of 1917 thereby making it
difficult for the organization t© cope up with the modern demands in penotogy and ather
functional consideracions in accordance with the United Nations standards whieh has already
shied trom punitive (0 reformatory treatment ot prisoners.

Jn 1989, the poputation of its inmates way 12.900 and its employees numbered around
2.362 where 1,461 of which were Custodial Personne! and 901 Civitiun Employees. with a
prison guard-to-inmate ratio of 1:27. After 20 years, the inmate poputation rose to 35-400 but
the number of employees in the BuCor remained stagnant at 2.362 employees. where 1,328
are Custodial Personnel and 1.034 civilian employees with a prison guard-to-inmate ratio of
1:8. The population of inmates is continuously increasing at un average rate of five percent
(5%) annually. As of December 2019. the BuCor has a total of 35,937 inmates with the same
2.362 plamilla positions

The BuCor's local government counterpart. the Bureau of Jail Management and
Penology (BUMP). which is in charge of loca! inmates (under trial and convicted of 3 years
and below). has around 8.976 employees manning 61,000 inmates at an approximate ratio of
1:18. Iralso has an ongoing yearly reertitment of additional S00 Jail Officers as new plantilla
positions since 2007 untit they reach the 1:7 ratio, The internationat standard of guard inmate
ratio iy 156, The Bureatt of Corrections has ne yearly recruitment of its Prison Guards despite
ity present 1:81 ratio.



Reoubtic of the Phifippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Reguiar Session

House Bi! No:__ 4619

Introduced by Hon. Rodolfo G,

AN ACT.
TO MODERNIZE THE BUREAU OF CORRECTIONS, PROVIDING FUNDS.
THEREFOR AND FOR OTHER PURPOSES.

Be it enacted by the Senute and House of Representatives of the Philippines in

Congress assembled:

SECTION ONE. Title. This Act shall be known as the “Burvan Of Corrections Act
ofz0i

See. 2, Declaration of Policy, ~ Cis the policy of the State (0 promote the general
welfare and safeguard the basic rights of every prisoner incarcerated in each penitentiary’
system. Italso recognizes the responsibility of the state to strengthen goverment capability
to ensure the reformation of a prisoner towards becoming @ productive member and asset of
the society.

Towards this end, the State shal! endeavor (o modemize, professionalize and
restiucture the corrections system to enable it to perform its mandate,

Sec, 3. Definition of Terms. — As used in this Act, the following terms shall refer
to:

(a) Reformarion — the act that ensures the public, including families of iamates and their
victims, that released national inmates are no fonger harmfut to the community by
becoming reformed individuals prepared (o Jive a normal and productive life upon
reintegration to the mainstream society: and

(b) Safekeeping — the act that ensures the public, including families of inmates and their
victims, that national inmates are provided with their basic needs, completely
incapacitated from continuously committing criminal acts, and have been totally cut-
off from their criminal networks or contacts in the ftee society, while serving
sentenee inside the premises of the national penitentiary. This act also includes



protection against iNegal organized armed groups who have the capacity of
launching attack on any prison camp of the national penitentiary to rescue their
convicted comrade or to forcibly amass Firearms issued to prison guards.

Sec. 4. Bureau of Corrections, — The Bureau of Corrections, hereinafter referred to
as the BuCor, shall be the agency of the govemment charged in the safekeeping,
rehabilitation and reformation of national inmates sentenced to more than three (3) years.

Sec. 5. Functions of the Bureau of Corrections. ~The BuCor shall have the following
functions:

{a) Safekeeping of National Inmates - The safekeeping of inmates shall include decent
provision of quarters, food, water. and clothing in compliance with established United
Nations standards, The security of the inmates shall be undertaken by the Custodial
Force consisting of Corrections Officers with a ranking system and salary grades
simmitar to its counterpart in the Bureau of Jail Management and Penology.

(b) Reformation of National Inmates — The Reformation Programs which will be
instituted by the BuCor for the Inmates shall be the following:

b.I. Moral & Spiritual Program;
b.2. Education & Training Program:
b.3. Work & Livelihood Program;
b4 Sports & Recreation Program;
b5.Health & Welfare Program; and

b.6. Behavior Modific:

Program to include Therapeutic Community.

(c) The Reformation Programs shall be undertaken by Professional Reformation
Personnel consisting of Corrections Technical Officers (CTOs) with ranking system
and salary grades similar to Corrcetions Officers (COs). CTOs and other personne!
whose nature of work requires proximate or direct contact with inmates, shall be
tasked n the implementation of reformation programs. CTOs shall include priests,
evangelists, pastors, teachers, instructors, professors, vocational placement officers,
Fibrarians, guidance counselors. physicians, nurses, medical technologists,
pharmacists, dentists, therapists, psychologists, psychiatrists, sociologists, social
workers, engineers, electricians, agriculturist, veterinarians, lawyers and similar
professional skills relevant to the implementation of inmate reformation programs.

Sec. 5. Structure. — The BuCor shall operate with a directorial structure which shail
be composed of the following: (1} Directorate for Reception and Diagnostics (DRD): (2)
Directorate for Security and Operations (DSO): (3) Directorate for Reformation (DR); (4)
sctorate for Extemat Relations (DER); and (5) Directorate Administration of Penal
Colonies (DAP).



See. 6. Functions of the Directorates. — The Directorates. shall have the following
functions:

(a) Directorate for Reception and Diagnostics. — The Directorate for Reception and
Diagnostics, hereinafter referred 10 as the DRID, shall be responsible for reception
and classification of inmates admitted to the BuCor in accordance with national
and international practives.

(b) Directorate for Security and Onerations. - The Directorate for Security and
Operations, hereinafter referred to as the MSO, shall provide for the basic needs,
security, management and administration of the BuCor.

(e) Directorate for Rehabifiution and Reformation. — The Directorate for
Rehabilitation and Reformation, hereinafier referred to as the DRR, shall
administer the rehabilitation and reformation of the inmates admitted tw the
BuCor,

(d) Directorate for Extemal Relations. - The Directorate for External Retations,
hereinafter referred two as the DER. shall prepare the inmates due for release for
reintegration into mainstream society

(e) Directorate for Administration, ~ The Directorate for Administration, hereinafter
referred (o as the DA. shal! be responsible for the management, administration and.
internal control and audit systems of the BuCor.

Sec. 7. Computerization. - The BuCor shall employ full computerization in the build-
up. maintenance and (ransmittat of necessary inmote records to all its Prison and Penal Farms
and other recipient agencies

Sec. 8 Real Estate of the Burean af Corrections. — Al BuCor real estate shall be
used for inmate security, reformation programs and as & means 10 promote the sustainability
of its mandate, It shall have the authority to design, formulate and implement land-use
development plans and policies in order to maximize the value of its assets. AMt the real estate
properties of the BuCor shal! be registered under its name through the issuance of uppropriate
Centifcates of Title,

Sec. 9. Facilities of the Bureau of Corrections. - The BuCor shall operate with a
standard and uniform design of Prison Facilities, Reformation Facilities, and Administrative
Facilities,

Sec. 10, Supervision af the Burean of Corrections. — The Department of Justice (DOJ)
shall have administrative control and supervision over the BuCor and the power to review,
reverse, revise or modify its decisions.

Sec. 11. Organization and Key Positions of the BuCor. - The BuCor shall be headed
by @ Director who shall be appointed by the President, He shall be assisted by two (2)
Deputy Directors, one (1) for administration and one (1) for security and operations who
shal! be appointed by the Secretary of Justice.



The Head of the BuCor with the rank of Director V shat! have the position title of
Director of Corrections. The Deputy Directors of the BuCor shal! have the rank of Director
W.

Sec. 12. Increase of Personnel. The Bucor shail maintain the custodial personnel-to-
inmate ratio of 1:7 and reformation personne!-to-inmate ratio of 1:24, and therefore is.
authorized to increase its manpower to meet such ratio and must continue to increase
personne! per percentage rate increase of committed inmates annually.

Sec. 13. Appointment and Qualification Standards of BuCor Personnel, — No person
shall be appointed as personnel of the BuCor unless he/she possesses the following minimum.
qualifications:

(a) A citizen of the Repubtic of the Phitippines;
(b) A person of good mora! character:
(c) Must be physically and mentally fit;

(d) Must possess @ baccalaureate degree from a recognized institution of learning;
and

(e) Must possess the appropriate civil service eligibility.

Provided, That new applicants must not be Jess than twenty one (21) nor more than
forty (40) years of age: Provided, further, That those who are already in the service upon the
effectivity of this Act shall be given five (5) years to obtain the minimum educational
qualification and eligibility: Provided. finally, That after the lapse of the time of period for
the satisfaction of @ specific requirement. current personnel of the BuCor who will fail to
satisfy any of the requirements enumerated herem shal! be separated from the service if they
are below fifty (50) years ef age and have secved in the government for not less than ewenty
(20) years; or retired if they are age fifty (50) and above and have served in the government
{or at least twenty (20) years without prejudice in either ease to the payment of benefits they
may be entitled to under existing laws,

See. 14. Professionalization and Upgrading of Bucor Personnel. ~ For sustained
professionatism in the service, the BuCor shall continue training its personnel through its
Personnel Training School, which shal! be renamed as Corrections Training Institute.

Sec. 15. Appointing Authorities. - The appointment of the BuCor shal! be effected in
the following manners:

{a) Corrections Officer ! to Corrections Senior Officer IV shall be appointed by the
Bucor Director, and

(b) Corrections Inspector to Deputy Directors of Corrections shall be appointed by
the Secretary of Justice upon the recommendation of the Director of the BuCor.

Sec. 16. Lateral Entry of Officer into the BuCor. - In general, all original
appointments of officers in the Bureau of Corrections shall commence with the rank of


Corrections Inspector wherein applicants for lateral entry into the BuCor shall include all
those with highly speciatized and technical ouatifications such as, but not limited to. civil
engineers, mechanical engineers, electri neers, chemical engineers, chemist,
architects, criminologists. certified public accountants. nurses, physical therapists, dentists,
social workers, psychologists, socinloyists. guidance counselors, und teachers. Doctors of
Medicine, members of the Ph#ipnine Bar and chantains shall be appointed to the rink of
corrections senior inspector in their particutar technical service.

Sec. 17. Key Positions amd lis Quatificerion Stndurds in the BuCor, — No person
shal! be designated to the following key positions of the BuCor unless he/she has met the
fons provided there’

{a) Sub-Colony Supervisor - Should have the rank of senior inspector, who have
finished at feast second yeur Bachelor of Laws or cared at least twelve (12) units
a master degree pr ment. public administration, public safer
criminology. penolog} natione! security administration, defense studies.
or other related disciptines from a rev ‘tion of learning. and must have
satisfactory passed the necessary training or career courses for such po:
be established by BuCor,

min man:

sociology.

(b) Colony Assistant Superintendent. — Should have the rank of chief’ inspector. who
must have finished at least second year Bachelor of Laws or eamed at least menty
four (24) units in master’s degree program in management, public administration.
public safety. criminofogy, penology. suviology. national security administration.
defense studies o retated disciplines from a recognized institution of learning and
must satisfactory passed the necessary training or career courses for such position as
may be established by the BuCor:

(c) Colony Superintendent. Should have the 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. eriminology, penology, sociology. national security
administration, defense studies of other related discipline from a recosnized
institution of caring. and must satisfitctory passed the necessary Iraising or career
courses for such position as may he established by the BuCor: Provided, That in
prison and penal farms with an inmate population of nwo thousand (2.000) but below
Gwe thousand (3,000) the Colony Superintendent shall have the rank and
qualification of « Colony Senior Superintendent:

{d) Regional Superintendent — Shou!d have the rank of senior superintendent or chief
superintendent, who must he a wraduate of Bachelor of !.aws ora holder of a master's
degree in management. public administration, public safety, criminology. penology.
sociology, national security administration, defense studies or other related disc
from a recognized institution ef learning. and must satisfactory passed the necessary
training or career courses Yor such position as may be established by the BuCor.
Provided, That in prison and penal farms with an inmate population of three thousand
(3,000) but below five theusand (5,000), the Regional Superintendent shall have the
rank and qualification of x Colony Senior Superintendent; Provided further that in
prison and penal farms with an inmate goputation of over five thousand (5.000). the
Regional Superintendent shall have the rank and qualification of a Chief
Superintendent,



Corrections Technical

sions Senior Officer I! | fa
Corrections Senior Officer Senior OM gee 17 _—_Unitormed
Comections Senior Ovficer | COTEEFONS Tecan: 1 16 Uniformed
Corrections Of 1 | Uniformed

Uniformed

Corrections Officer ! {Uniformed

Provided: That alt berets cure cceived by the personne! of the BuCor
under existing laws shall continue my be received hy them

Sec, 22, Retirement Benefits, Upon commutsory retirement, any custodial officer
from the rank of Corrections Chief Superinrendent and delow shall be entitled to retirement
benefits computed on the basis of one (1) grade higher than the position last held: Provided,
That such retirement pay shal! be subive! to adiustment on the prevailing scale of hase pay of
uniformed corrections personne’ in the active serv ‘The retirement benefits of non

mniformed personne! shall be governed hy civ service laws, rules and reyutattions

See. 23. Implementning Riles and Regulevions. ~ Within 90 days upon the approval
of this Act, the DO! sha!t promuteare th and regulation fo implement the provisions of
this Act: Provided, That the ientemensarion of this Act shall be tndertaken in staggered
dasis within a period of five (5) years.

See. 24. Annnal Report. ~The RuCor. through the DOJ, and the DBM shall jointly
submit to the President of the Senate ond the Speaker af the Tlouse af Representatives an
annual report on the implementation of this Act. This report shal! include information on the
application of the budget for the sa’ary and other benefits provided under this Act, The
DBM, in consultation with the BuCor throug’ the DOS, shall periodically review and adjust
every five (5) years the rates of base pay. taking into consideration tnbor productivity,
consumer price index, oil price and other simitar economic indicatars as may be determined
by the Nationa! Economie and Deve'ooment authority (NEDA),

Sec. 25. Separability Clause. - Uf any portion of provisiun of this Act is declared
unconstitutional, the same shal! not atYect the va"idity and effectivity of the other provisions
not atfiected thereby.

Sec. 26, Repeating Chive, orders, rifles and regulations, and
other issuances, or parts thereo® whi onsistent with (he provisions of this Act. are
hereby deemed repeated, amended or modified accordingly

Svc. 27. Effectivin. - This Act sha! take effect fifteen (15) days alter its complete

whichever comes earfier.


Likewise, the BuCor miserably lags behind BJMP in terms of personnel
remuneration. The entry level for a Jail Officer 1 at BIMP is SG-10 while a Prison Guard
of BuCor has 2 measly pay grade of five (5): the lowest commissioned officer of BIMP is at
salary grade 22 while its BuCor counterpart is at salary grade 11. Furthermore, unlike BJMP,
BuCor custodial personnel are not considered Uniformed Personnel, thereby not entitled to
salary increases/bonus and other benefits pertaining to uniformed personnel enjoyed by such
agencies like Bureau of Fire and Protection, National Mapping and Resource Information
Authority, and Bureau of Immigration. whose jobs are not closely exposed to high-risk
criminsls as compared to BuCor. Promotion system in this agency has also been subjective.
There are Prison Guards who are retiring after 40 years or mon: in service without having a
taste of promotion.

The security facilities of the BuCor. despite having vast tand areas under its controt
and supervision, are antiquated and inadequate as its present capacity has been overloaded (©
reach high congestion rates (141% for NBP, where 60% of national inmates are confined).
Likewise, BuCor lacks modem security equipment such as surveillance cameras, handheld
radios, firearms and other security-related equipment.

The BuCor’s vast Jands are “small worlds” of national inmates (especially those
serving life sentences) though they may appear large areas of Jand to the free society. Its
trees and vegetation were planted and taken cared of by inmates for almost 14) years and the
BuCor managed to preserve large forested land within its reservation area from illegal
Toggers and from large influx of squatters for several decades now. Furthermore, these vast
lands serve as security buffer in the event of hot pursuit against escapees. However, in the
past, large portions of BuCor lands had been appropriated in tavor of certain local
government units and other goverment agencies through Presidential Proclamations and
other laws to the detriment of its operations. There 1s therefore a need to rationalize
utilization of BuCor’s reat estate holdings.

In view of the foregoing, the immediate passage of this bill is fervently requested.

RODOLFO G.SIAZON
Representative
Lone District, Muntinlupa City