TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -7 A9:01 First Regular Session PATT SENATE Senate Bill No. 154 Introduced by Senator Erwin Tulfo AN ACT PROVIDING MEDICAL PAROLE FOR ELDERLY PERSONS DEPRIVED OF LIBERTY WHO ARE SUFFERING FROM TERMINAL OR SEVERE MEDICAL CONDITIONS, PROVIDING GUIDELINES FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES EXPLANATORY NOTE Sections 11, Article II of the 1987 Constitution provides that the state values the dignity of every human person and guarantees full respect for human rights. For elderly persons deprived of liberty (PDL) with serious medical conditions, the circumstances in our jails are not ideal. The rehabilitative and reformative objective of incarceration is undermined if they are left in the state of pain. Elderly PDLs deserve a chance to return to society and enjoy the remains of their lives. This bill seeks to allow the Board of Pardons and Parole to grant medical parole to qualified elderly PDLs who are suffering from terminal illness or severe medical conditions.
In view of the foregoing, the passage of the measure is earnestly sought.
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -7 N9:01 First Regular Session SENATE Senate Bill No. 154 Introduced by Senator Erwin Tulfo AN ACT PROVIDING MEDICAL PAROLE FOR ELDERLY PERSONS DEPRIVED OF LIBERTY WHO ARE SUFFERING FROM TERMINAL OR SEVERE MEDICAL CONDITIONS, PROVIDING GUIDELINES FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Medical
Parole Act of 2025."
SEC. 2. Declaration of Policy. - It is hereby declared the policy
of the State to uphold the dignity of every human person and guarantee full respect for human rights, including those of persons deprived of liberty who are aged and medically vulnerable.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Medical Parole refers to the conditional release of a person deprived of liberty who meets the criteria under this Act, due to old age and terminal or severe medical conditions, allowing them to serve the remainder of their sentence outside of prison under specific terms;
(b) Person Deprived of Liberty (PDL) refers to a person, 70 years old and above, who is confined in a correctional facility serving sentence by reason of a final judgment of conviction; (c) Qualified Professional refers to a licensed physician accredited by the Department of Health (DOH), Bureau of Corrections 7 (BuCor), or the Bureau of Jail Management and Penology (BJMP), and authorized to conduct medical assessments for parole purposes; (d) Severe Medical Condition refers to any physical or mental illness, disease, or impairment that substantially diminishes the PDL's 12 capacity to function independently and requires continuous care or support; and (e) Terminal Illness refers to a prognosis of having a life 16 expectancy of one (1) year or less, due to an incurable illness, disease, or condition.
SEC. 4. Grant of Medical Parole. - The Board of Pardons and
20 Parole (BPP) may, upon its own initiative or upon application as provided in this Act, grant medical parole to an elderly PDL suffering from any terminal illness or severe medical condition as certified by at least two (2) independent qualified medical professionals, one of whom shall be a government physician recognized by the DOH.
SEC. 5. Medical Parole Application. - Application for medical
parole shall be filed by the PDLs or their authorized representatives with the BPP who shall evaluate the application within thirty (30) days from receipt of complete documentation, including the required medical certifications.
SEC. 6. Notice and Hearing . - Upon receipt of the application
for medical parole, the BPP shall set them for hearing, notice of which shall be published on their official website and shall be posted in conspicuous places within the city or municipality where the concerned PDL is serving sentence.
SEC. 7. Oppositions to the Application of Medical Parole. - Any
person may challenge, in writing, any application for medical parole, on the following grounds: (a) The illness, medical condition, or incapacity of the PDL does not exist or its severity does not qualify the PDL for medical parole; (b) The release of PDL will constitute a threat to public safety; or (c) The PDL is likely to commit an offense while on medical parole.
SEC. 8. Deferment of Medical Parole. - The release of a PDL on
medical parole shall be deferred until the danger ceases whenever there is a clear and convincing evidence that release on medical parole will endanger: (a) PDL's own life and those of his or her relatives; or (b) The life, safety and well-being of the victim, his or her relatives, witnesses and the community.
SEC. 9. Denial of Application for Medical Parole. - In case of
denial, the officer of BPP who rendered the decision shall send a formal notice to the PDL applicant or its authorized representative, within the prescribed period under Section 5 of this Act. Any denial of application for medical parole shall be fully explained in writing, stating the grounds upon which the denial is based. The PDL or his or her authorized representative may submit re- application for medical parole with the BPP within sixty (60) days from receipt of decision denying the application.
SEC. 10. Role of Bureau of Corrections (BuCor) and the Bureau
of Jail Management and Penology (BJMP) . - BuCor and BJMP shall identify PDLs who are eligible for medical parole under this Act and
shall regularly submit updated lists of qualified PDLs to the BPP and the Department of Justice (DOJ) to facilitate review.
SEC. 11. Implementing Rules and Regulations. - Within ninety
(90) days from the effectivity of this Act, the DOJ, in consultation with the DOH, BPP, BuCor, BJMP, and relevant stakeholders shall formulate and promulgate the necessary rules and regulations to implement the provisions of this Act.
SEC. 12. Separability Clause. - Should any provision or part of
this Act be declared unconstitutional or invalid, the other provisions 12 and parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.
SEC. 13. Repealing Clause. - All laws, decrees, orders, issuances,
rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 14. 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,