Office of the Era stres FEB 19 A9:50 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE 1872 S. No. Introduced by Senator JV Ejercito AN ACT INTEGRATING ALL THE PROVINCIAL AND SUB-PROVINCIAL JAILS WITHIN THE JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY AMENDING FOR THAT PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC ACT NO. 9263 EXPLANATORY NOTE Our government is committed to protect the rights and dignity of every person, including Persons Deprived of Liberty (PDLs). We must create the most humane conditions in detention facilities to make it more effective in rehabilitation. Professionalism and discipline in the management and maintenance of our jails are essential elements of a modern and responsive criminal justice system. At present, the Bureau of Jail Management and Penology (BJMP) exercise supervision over district, city and municipal jails while provincial jails are supervised and controlled by provincial governments. Supervision by different authorities result to a fragmented jail system. As a consequence, there is a high probability of varying standards of management; uneven allocation of resources; and rehabilitation and correctional programs that are may be inconsistently implemented. The lack of a unified program has contributed to jail congestion. While we recognize the efforts of our local government units, we believe that they should be released from the responsibility of jail management. Such will allow the LGUs to focus on their other duties while being assured that jail management will be performed by experts in the field.
This proposed measure seeks to establish a uniform and nationalized standard in the administration and operational management of all local jail facilities. The intention is to integrate the provincial and sub-provincial jails into the jurisdiction of the BJMP. Supervision, control, and management of all local jails nationwide will be entrusted to the BJMP for better administration. This proposed legislation is consistent with our government's mandate of promoting social justice and upholding human dignity. A unified jail management will promote professionalism and accountability while strengthening coordination within an integral part of our country's criminal justice system. In view of the foregoing, the immediate passage of this measure is earnestly sought. JV EJERCITO
Forma.s Office of the erap 26 FEB 19 A9:50 TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) RECEIVED BY. SENATE S. No. 1872 Introduced by Senator JV Ejercito AN ACT INTEGRATING ALL THE PROVINCIAL AND SUB-PROVINCIAL JAILS WITHIN THE JURISDICTION OF THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY AMENDING FOR THAT PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6975 AND REPUBLIC ACT NO. 9263 Be it enacted by the House of Representatives of the Philippines in Congress assembled:
SECTION 1. This act shall be known as "An Act Integrating All the Provincial and
2 Sub-Provincial Jails within the Jurisdiction of the Bureau of Jail Management 3 and Penology."
Sec. 2. Section 61 of Republic Act Number 6975, otherwise known as the
5 Department of the Interior and Local Government Act of 1990 is hereby amended to read 6 as follows: "Section 61. POWERS AND FUNCTIONS. - The Jail Bureau shall exercise supervision and control over all PROVINCIAL, SUB- PROVINCIAL, city and municipal jails."
Sec. 3. Section 62 of the same act is hereby amended to read as follows:
Section 62. Organization -
XXX The Jail Bureau shall be composed of PROVINCIAL, SUB-PROVINCIAL, city and municipal jails, each headed by a PROVINCIAL, SUB-PROVINCIAL,
city or municipal jail warden: Provided, That, in the case of large cities and municipalities, a district jail warden may be established as necessary. XXX
Sec. 4. Section 63 of the same act is hereby amended to read as follows:
"Section 63. Establishment of PROVINCIAL, SUB-PROVINCIAL, District, City or Municipal Jail. - There shall be established and maintained in every PROVINCE, district, city and municipality a secured, clean adequately equipped and sanitary jail for the custody and safekeeping of PROVINCIAL, city and municipal prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical or health officer, pending the transfer to a medical institution. X XX
Sec. 5. The management, supervision and control of provincial and sub- provincial
jails, including all its property, equipment, and finances, are hereby transferred to the Bureau of Jail Management and Penology (BJMP). Provided, however, that a three (3) year transition period is hereby established, to commence from the date of effectivity of this act. During the transition period, the Provincial Government shall subsidize the subsistence allowance of PDL and the maintenance of the jail facility, including, but not limited to electric and water expenses and necessary repairs. The transfer, and/or absorption of the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, and other assets of Provincial and Sub- Provincial Jails to/by the BJMP shall be without prejudice to the provisions of R.A. 7160 that are not otherwise inconsistent with this Act. All personnel of Provincial and Sub-Provincial Jails, unless removed for cause, may be absorbed by the BJMP, provided, that such guidelines must be consistent with the 29 provisions of Republic Act No. 9263 and its Implementing Rules and Regulations.
The Chief of the Bureau of Jail Management and Penology shall, within six (6) 2 months from the effectivity of this Act, recommend the organizational structure and staffing pattern of the assumed provincial and sub-provincial jails.
Section 6. The Local Government of the Province shall be a partner of the BJMP in
5 the rehabilitation of the PDL in the provincial jails. For this purpose, the Sangguniang Panlalawigan of each province shall provide for the maintenance and improvement of jails and detention centers and shall appropriate funds to supplement subsistence of detainees and convicted prisoners in the province.
Sec. 7. The Provincial and Sub-provincial Jail Warden shall have the rank of
10 Superintendent; provided that if the jail population is one thousand (1,000) or more PDL, the Warden shall be a graduate of Bachelor of Laws or a holder of a masters degree in management, public administration, public safety, criminology, penology, sociology, national security administration, defense studies or other related discipline from a recognized institution of learning, and must satisfactorily pass the necessary training or career courses for such position as may be established by the law.
Sec. 8. A Special Oversight Committee, composed of the Secretary of the Interior
and Local Government as Chairman, the Secretary of the Department of Budget and Management as Co-Chairman, and the Chairman of the Civil Service Commission, the President of the League of Provinces and the Chief of the Bureau of Jail Management and Penology, as members, is hereby created to oversee the expeditious transfer and absorption into the Bureau of Jail Management and Penology of all personnel, property, appropriations and installations of the provincial and sub-provincial jails.
Sec. 9. Within ninety (90) days from the effectivity of this Act, the Oversight
Committee shall promulgate the rules and regulations necessary to ensure the effective implementation of this Act.
Sec. 10. Should any part, section or provision of this Act be declared invalid or
unconstitutional, the other parts, sections or provisions thereof shall remain valid and effective.
Sec. 11. All laws, orders, rules or regulations which are inconsistent with or
contrary to the provisions of this Act are hereby amended or repealed accordingly.
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Sec. 12. This Act shall take effect fifteen (15) days after the completion of its
publication in at least two (2) newspapers of general circulation. Approved,