Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
AN ACT 
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR 
CHILDREN 
EXPLANATORY NOTE 
One of the unfortunate consequences of convictions is the possible effect it 
might have on the family of the person incarcerated, most particularly on their children. 
There is also the possibility that the person incarcerated is the sole parent or care 
provider of the child, leaving the latter vulnerable.  
Considering this, this proposed bill ensures that children are not left without a 
primary guardian or caregiver on the off chance that their provider is incarcerated. This 
proposed measure also ensures that imprisoned parents are not remiss in the 
performance of their obligations to their children.  
In view of the foregoing, the passage of this bill is sought. 
October 6, 2022
2:22 pm
5441


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL No. _______ 
---------------------------------------------------------------------------------------------------------------- 
Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR. 
---------------------------------------------------------------------------------------------------------------- 
AN ACT 
CREATING PROGRAMS FOR INCARCERATED PARENTS AND THEIR 
CHILDREN 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Declaration of Policy. – It is hereby the declared policy of the 
State to ensure that the rights of children of persons deprived of liberty are protected 
from all forms of neglect that will be detrimental to their development. It shall also be 
the policy of the State to enact measures that will protect the bond between parent 
and child, despite incarceration. 
SECTION. 2. Apprising Incarcerated Parents of 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. 
SECTION 3. Placement and Guardianship. – After arraignment and upon a 
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. If 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 selected option, 
if any. 
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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 fit 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.  
 
SECTION 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 procedure 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 incarcerated parents and their children. Mother’s 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. 
 
SECTION 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. 
 
SECTION 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 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. 
 
SECTION 8. Appropriations. – The amount necessary to implement 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. 
 
 
SECTION 9. Separability Clause. – If any provision or provision of this Act is 
declared unconstitutional or invalid, the remainder of this Act or any provisions not 
affected thereby shall remain in force and effect.  
 
SECTION 10. Repealing Clause. – Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly.  
 
SECTION 11. Effectivity Clause. – This Act shall take effect fifteen (15) days 
from the date of its publication in the Official Gazette or in a newspaper of general 
circulation.  
 
Approved,