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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
~If'f£ "f t~. ~mpf.tV 
SENATE 
S.B. NO.2..31} 8 
'14 S£P -8 P6:16 
Introduced by Senator Maria Lourdes Nancy S. Binay 
AN ACT ALLOWING HOUSE ARREST OR CONFINEMENT IN PLACES OTHER 
THAN REGULAR DETENTION FACILITY FOR DETENTION PRISONERS 
EXPLANATORY NOTE 
The recent death of an infant of a pregnant detention prisoner, including other detention 
prisoners with health or other special conditions, have generated interest in "house arrest", 
"hospital arrest" and other alternative ways of confinement of certain detention prisoners who 
by their situation and personal circumstances require a particular care or attention. 
The term "house arrest" however does not appear in the Philippine Rules of Criminal 
Procedure. 
In the statute books however, the term "house arrest" appears in Republic Act 9372 or the 
Human Security Act of 2007. Section 26 states that: 
"SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not 
strong, and the person charged with the crime of terrorism or conspiracy to 
commit terrorism is entitled to bail and is granted the same, the court, upon 
application by the prosecutor, shall limit the right of travel of the accused to 
within the municipality or city where he resides or where the case is 
pending, in the interest of national security and public safety, consistent with 
Article III, Section 6 of the Constitution. Travel outside of said municipality 
or city, without the authorization of the court, shall be deemed a violation of 
the terms and conditions of his bail, which shall then be forfeited as 
provided under the Rules of Court. 
He/she may also be placed under house arrest by order of the court at his 
or her usual place of residence. 
While under house arrest, he or she may not use telephones, cellphones, e-
mails, computers, the internet or other means of communications with 
people outside the residence until otherwise ordered by the court. 
The restrictions abovementioned shall be terminated upon the acquittal of 
the accused or of the dismissal of the case filed against him or earlier upon 


the discretion of the court on motion of the prosecutor or of the accused." 
(Emphasis supplied) 
Notwithstanding the reference to "house arrest", there is insufficient legal basis under 
existing laws for courts to issue such alternative mode of confinement for detention prisoners. 
In some states in the United States of America, alternative forms of confinement are allowed. 
One such possible model is Oklahoma's Correction Act of 1967, which even extends 
alternative forms of confinement to prisoners by final judgment. 
While extending this 
privilege to prisoners by final judgment is worth further study, it is worthwhile to test and 
apply this to detention prisoners, who after all are entitled to the constitutional presumption 
of innocence until their guilt is established beyond reasonable doubt. 
In view of the foregoing, the passage of this bill is earnestly recommended. 
M . .IU'I,",'" 
Senator 
UJJ'DE<'$NANCY S. BlNAY 


" 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regnlar Session 
) 
) 
) 
SEN A T.J: 
S.B. NO. _~_·3 9 8 
Introduced by Senator Maria Lourdes Naucy S. Hinay 
'14 SEP-8 P6:16 
1 
AN ACT ALLOWING HOUSE ARREST OR CONFINEMENT IN PLACES OTHER 
2 
THAN REGULAR DETENTION FACILITY FOR DETENTION PRISONERS 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
6 
assembled: 
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SECTION I. Declaration of Policy. The State upholds the constitutional right of the accused 
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to be presumed innocent until the contrary is proved beyond reasonable doubt. Consistent 
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with this presumption, the State recognizes the right of detention prisoners or prisoners 
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awaiting final judgment for a more humane and comfortable treatment that can be rightfully 
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enjoyed by innocent persons. 
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SECTION 2. Authority of the courts. The court where the criminal case of a detention 
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prisoner is pending, may upon recommendation of the Department of Justice (DOJ) extend 
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the limits of the place of confinement of a detention prisoner or prisoner awaiting decision of 
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his/her case in by authorizing such committed offender under special conditions to be away 
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from such detention facility for humanitarian reasons such as but not limited to the following 
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purposes: 
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(a) To attend the funeral of a relative; 
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(b) To visit a critically ill relative; 
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(c) To obtain medical, psychiatric and other health services; 
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For the purpose of this section, "relative" means the offender's father, mother, child, 
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stepchild or adopted child, brother, sister, current spouse, or grandparents, and upon 
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acceptable documentation, any person who served a parental capacity. 
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A person away from a detention facility shall be accompanied by a member of the Philippine 
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National Police at all times. 
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SECTION 3. House Arrest or other alternative forms of confinement. Courts in the exercise 
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of sound discretion may order the detention of a detention prisoner in his/her house, or 
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hospital where he/she is presently confined. A person subjected to alternative forms of 
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confinement shall be accompanied by a member of the Philippine National Police at all 
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times. 


• • 
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SECTION 4. Implementing Rules. 
The Department of Justice in coordination with the 
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Supreme Court shall formulate the rules implementing this Act within ninety (90) days from 
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promulgation of this Act. 
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SECTION 5. Effectivity. This Act shall take effect fifteen (15) days after its complete 
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publication in at least two (2) newspapers of general circulation. 
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Approved,