Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5481

Introduced by Representatives Ria Christina G. Farinas
and Rudys Caesar G. Farifias

EXPLANATORY NOTE

This bill seeks to transfer to the Bureau of Jail Management and Penology
(BJMP) the authority to exercise supervision and control over provincial jails.

During the Sixteenth and Seventeenth Congresses, bills have been filed to
transfer the supervision and control of provincial jails to the BJMP. It has been
proposed that the policies and programs of BJMP should be implemented in
provincial jails. Further, the professionalization of jail personnel under Republic Act
No. 9263, otherwise known as the “Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004," should likewise be
made applicable to provincial jails. The failure to implement the sound policies
and programs of the BJMP is simply because provincial jails are under the
supervision and control of provincial governments and not of the BJMP. This
problem may easily be resolved by transferring the supervision and control of
provincial jails to BMP.

Public safety and institutional correction through jail supervision and
management are best addressed by BJMP for the following reasons, among
others:

1. The BJMP is the only government agency mandated to direct, supervise
and control the administration and operation of local jails;

2. The BJMP specializes in the safekeeping, reformation and rehabilitation
of inmates; and


3. The BJMP personnel are professionals equipped with proper education
and training in the administration and operation of local jails.

The transfer of supervision and control of provincial jails to BIMP will ensure
that there will be a uniform and standard policy on the administration and
supervision of all local jails in the country. It will also enable the provincial
governments to devote their time and resources in addressing more pressing
issues and problems instead of supervising provincial jails.

Corollary to the proposed transfer, the bill also proposed the revision of the
organizational structure and staffing pattern of the BJMP to include the necessary
manpower to operate provincial jails. The incumbent personnel of provincial jails
shall continue to perform their duties and responsibilities until such time that
qualified personnel are assigned and appointed based on the revised staffing
pattem. The incumbent personnel, however, may be absorbed by the BJMP if
they possess the necessary qualifications.

In view of the foregoing, passage of this bill is earnestly sought.

RIA CHRISTINA @. FARINAS



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.. 5481

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias

AN ACT
TRANSFERRING TO THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY THE
AUTHORITY TO EXERCISE SUPERVISION AND CONTROL OVER PROVINCIAL JAILS
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. The Bureau of Jail Management and Penology shall exercise
supervision and control over provincial jails. For this purpose, the current
supervision and control of provincial jails by provincial governments are hereby
transferred to the Bureau of Jail Management and Penology. Each provincial jail
shall be headed by a provincial jail warden with a 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, criminology, penology,
sociology, national security administration, defense studies or other related
disciplines from a recognized institution of learning, and must have satisfactorily
passed the necessary training or career courses for superintendent position as
may be established by the Bureau of Jail Management and Penology.

A provincial jail warden shall be appointed by the Chief of the Jail Bureau
and the appointment must be attested to by the Civil Service Commission.

SEC. 2. Within six (6) months from the effectivity of this Act, the Secretary of
the Interior and Local Government and the Secretary of Budget and
Management shall revise the organizational structure and staffing pattern of the
Bureau of Jail Management and Penology to include the necessary manpower
to operate provincial jails.


SEC 3. All the existing provincial jail facilities, equipment, records, rights,
liabilities and other assets pertaining to provincial jails of every provincial
government are hereby transferred to the Bureau of Jail Management and
Penology.

The incumbent personnel of provincial jails shall continue to perform their
duties and responsibilities in a holdover capacity until such time that qualified
personnel are, based on the staffing pattern, assigned and appointed. The
qualified incumbent personnel of provincial jails may be absorbed by the Bureau
Of Jail Management and Penology without loss of seniority.

Any personnel who are not absorbed by the Bureau of Jail Management and
Penology shall be given preference in the filling-up of vacancies in the provincial
government or shall be allowed to retire under existing laws, rules and regulations.

SEC 4. The amount necessary for the initial implementation of this Act shall be
sourced from the current appropriations of the Bureau of Jail Management and
Penology. Thereafter, such sums as may be necessary for the continued
implementation of this Act must be included in the General Appropriations Act.

SEC 5. Within ninety (90) days from the approval of this Act, the Secretary of
the Interior and Local Government, in coordination with the Chief of the Bureau
of Jail Management and Penology and the President of League of Provinces, shall
promulgate the rules and regulations implementing the provisions of this Act. The
implementing rules and regulations issued pursuant to this section shall take effect
thirty (30) days after its publication in two (2) newspapers of general circulation.

SEC 6. Sections 61, 62 and 63 of Republic Act No. 6975, as amended,
otherwise known the “Department of the Interior and Local Government Act of
1990," and Section 17(b)(3)(vi) of Republic Act No. 7160, as amended, otherwise
known as “The Local Government Code of 1991," are hereby amended and
modified accordingly.

SEC 7. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or a newspaper of general circulation.

Approved,