TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -7 N1:55 First Regular Session Fxx.. SENATE S. No. 203 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE
Section 2 of Republic Act No. 9263 recognizes the responsibility of the State to
strengthen government capability aimed towards the strengthening of delivery of basic services to the citizenry through the institutionalization of highly efficient and competent fire and jail services.
Section 61 of Republic Act No. 6975 provides that "The Jail Bureau shall
exercise supervision and control over all city and municipal jails. The provincial jails shall be supervised and controlled by the provincial government within its jurisdiction XXX." At present, local jails are under the jurisdiction two (2) different authorities: the Bureau of Jail Management and Penology (BJMP) for district, city and municipal jails, and the provincial government for the provincial and sub-provincial jail within their respective jurisdictions. This set-up effectively hinders the institutionalization of a national standard in jail management. It is contrary to BJMP's vision of being a highly capable agency,
dedicated to global best practices and standards in jail management. By transferring the control and supervision of provincial and sub-provincial jails, we will promote uniformity in the management of these facilities. This ensures alignment with national standards and best practices which will ultimately redound for the benefit of the welfare of persons deprived of liberty. This bill also addressed the concerns of affected provincial and sub-provincial employees by: (a) mandating the BJMP to absorb these employees, subject to the qualifications and standards of certain laws and regulations; (b) providing a five (5)- year period from the lapse of the transition period to comply with the requirements needed to be absorbed by the BJMP; (c) including in the term "active service" their services rendered prior to the enactment of proposed measure for purposes of retirement and pension benefits; and (d) encouraging the provincial governments to absorb employees who have reached the mandatory retirement age in BJMP at the time of effectivity. The BJMP, in coordination with the Technical Education and Skills Development Authority (TESDA) and other government agencies, is also mandated to assist in the upskilling and reskilling of affected personnel and employees. This proposed measure was passed on third reading by Senate of the 19th Congress and was sent to the House of Representatives for concurrence. Unfortunately, due to time constraints, the bill was not passed into law. In view of the foregoing, the passage of this measure is earnestly sought. RONALD "BATO) DELA ROSA
TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -7 All :55 First Regular Session SENATE S. No. 203 Introduced by Senator Ronald "Bato" Dela Rosa AN ACT TRANSFERRING THE CONTROL AND SUPERVISION OF THE PROVINCIAL AND SUB-PROVINCIAL JAILS TO THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Jail Integration Act."
Sec. 2. Declaration of Policy. - It is the policy of the State to promote the
3 general welfare and safeguard the basic rights of persons deprived of liberty. Further, the State recognizes its responsibility to strengthen government capability aimed 5 towards the strengthening of the delivery of basic services to the citizenry through the 6 institutionalization of highly efficient and competent jail services. Toward this end, the State shall provide uniform standards and policies in the 8 administration of jails and the safekeeping of persons deprived of liberty by placing the administration of local jails to a single authority.
Sec. 3. Transfer of Provincial and Sub-Provincial Jail. - The control and
supervision over provincial and sub-provincial jail is hereby transferred to the Bureau of Jail Management and Penology (BJMP). For this purpose, the management, control, and supervision of existing provincial and sub-provincial jails, including all its property, equipment, and finances, shall be transferred to the BJMP, subject to existing laws.
Sec. 4. Transition Period. - For orderly transfer of management and operation
17 of provincial and sub-provincial jails, a three (3) year transition period is hereby
established, to commence from the date of the effectivity of this Act: Provided, That during the transition period, the concerned Provincial Government shall continue funding the subsistence allowance of inmates and the maintenance of jail facility including but not limited to electric and water expenses and necessary repairs until such time that the total and full control and supervision of the facility has been transferred to the BJMP.
Sec. 5. Provincial and Sub-Provincial Jail Employees. - The existing employees
and personnel of provincial and sub-provincial Jails shall enjoy security of tenure and shall be absorbed by the BJMP subject to the qualification standards as provided for in Republic Act No. 9263, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004", as amended, and other applicable laws, pertinent rules and regulations of the Civil Service Commission (CSC): Provided, That the BJMP shall take proactive measures in training and enhancing the capacity of employees and personnel of provincial and sub- provincial jails to obtain the necessary qualifications: Provided, further, That those who will fail to comply with the qualification standards at the time of transfer shall be given five (5) years from the lapse of the transition period as provided in this Act to complete the necessary requirements for the concerned position: Provided, furthermore, That for purposes of computation of retirement and pension benefits, the term "active service" shall include services rendered by employees affected in the provincial and sub-provincial jail prior to the enactment of this Act; Provided, finally, That the Provincial Government is hereby encouraged to absorb those employees who have already reached the mandatory retirement age in BJMP at the time of effectivity. Employees opting to be separated from the service as a result of the transfer under the provisions of this Act shall receive separation benefits in accordance with existing laws. In addition, those who are qualified to retire shall be allowed to do so and be entitled to all benefits provided for under existing retirement laws. the Technical Education and Skills The BJMP, in coordination with Development Authority (TESDA) and other government agencies, shall also provide training programs for the upskilling and reskilling of the affected personnel and employees.
Sec. 6. Appropriations. - The initial amount necessary for the implementation
of this Act shall be charged against the current fiscal year's appropriations of the BJMP and concerned provincial government. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
Sec. 7. Implementing Rules and Regulations. - The Department of the Interior and
Local Government and BJMP, in coordination with the Provincial Governments, CSC, and other stakeholders, shall, within sixty (60) days from the effectivity of this Act, promulgate the rules and regulations to effectively implement the provisions of this Act.
Sec. 8. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain in full force or effect.
Sec. 9. Repealing Clause. - Sections 61, 62 and 63 of Republic Act No. 6975,
otherwise known as the "Department of the Interior and Local Government Act of 1990", as amended, are hereby amended or modified accordingly. Any law, presidential decree or issuance, executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.
Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days following its
complete publication in the Official Gazette or in a newspaper of general circulation. Approved,