Jails and Prisons Monitoring Act of 2025

Man createn dora TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P6:21 SENATE S. No. 139 Introduced by Senator Raffy T. Tuifo AN ACT ESTABLISHING SECURITY MONITORING SYSTEMS INSIDE PRISON CELLS IN THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE The Philippine Constitution guarantees the protection of the rights and well- being of individuals deprived of liberty, ensuring their safety, security, and humane treatment while they serve their sentences or await trial. Nevertheless, despite continuous initiatives to enhance prison conditions, incidents of violence, disturbances, and other security lapses persist, endangering the welfare of both inmates and correctional staff inside detention facilities.. The urgency of addressing these concerns is underscored by the current state of the Philippine prison system. As of June 1, 2024, the country's total prison population, including pre-trial detainees, stood at 171,247 individuals. Of this number, 53,397 are held in Bureau of Corrections (BuCor) facilities, while 117,850 are confined in jails managed by the Bureau of Jail Management and Penology (BJMP).1 Exacerbating these challenges is the alarming level of prison overcrowding. Based on the 2023 Global Prison Trends report, the Philippines ranks third worldwide in terms of prison congestion, with an astonishing occupancy rate of 375%. " World Prison Brief. (2024). Philippines, https://www.prisonstudies.org/country/philippines. Retrieved 1 June, 2 Institute for Solidarity in Asia (ISA) (2024). "Congestion to Compassion: How the BJMP revolutionizes PDL rehabilitation" https://isacenter.org/congestion-to-compassion-how-the-bjmp-revolutionizes-pdl-rehabilitation/. Retrieved 25 March, 2024.

The persistent problem of overcrowding, combined with an escalating crime rate, only heightens the risks of violence, unrest, and human rights violations within these facilities. To help mitigate these issues and strengthen prison security, this proposed measure seeks to mandate the installation of comprehensive security monitoring systems in all prison and jail facilities across the country. These systems shall include closed-circuit television (CCTV) cameras, motion detectors, and other modern surveillance technologies designed to enhance oversight, deter violent incidents, and ensure the safety of both inmates and correctional personnel. The Bureau of Corrections (BuCor), the Bureau of Jail Management and Penology (BJMP), and the Philippine National Police (PNP) shall be tasked with the installation, operation, and maintenance of these security monitoring systems in their respective detention facilities. To guarantee the effective implementation of this measure, the necessary funding shall be included in the annual General Appropriations Act, with the Department of Budget and Management (DBM) responsible for allocating the required resources to the concerned agencies. Ultimately, this legislation aims to provide an additional layer of security within correctional facilities, prevent violent incidents, and uphold the fundamental rights of persons deprived of liberty. The installation of modern security systems represents a crucial step in ensuring a safer, more humane, and more accountable prison environment. In view of the foregoing, the immediate enactment of this proposed legislation is earnestly sought.

.:"! TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL 10 P6:21 RECLOS SENATE S. No. 433 Introduced by Senator Raffy T. Tulfo AN ACT ESTABLISHING SECURITY MONITORING SYSTEMS INSIDE PRISON CELLS IN THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Jalls and Prisons

2 Monitoring Act of 2025".

Sec. 2. Declaration of Policy. - It is the policy of the State to provide a safe

4 and secure environment for arrested individuals, detainees, and convicted inmates 5 inside incarceration facilities. To achieve this, the State shall establish security monitoring systems inside prison cells to monitor the activities of inmates and prevent 7 any untoward incidents that may put the lives and safety of the inmates and prison personnel at risk. This is also necessary to deter criminal activities, prevent escape 9 attempts, and monitor the behavior of inmates inside the prison cells. Hence, this Act 10 alms to establish a security monitoring system inside the prison cells to ensure the safety of all inmates and personnel.

Sec. 3. Definition of Terms. - For the purposes of this Act, the following terms

are defined as follows: 14 a) Incarceration Facility refers to all Philippine National Police (PNP) detention facilities, Bureau of Jail Management and Penology (BJMP) jails, and Bureau of Corrections (BuCor) prisons as defined under this Act. b) Prisons refer to correctional institutions under the BuCor for convicted persons 18 deprived of liberty in accordance with a lawful court decision or process.

c) Jail refers to facilities managed by the BJMP that house persons deprived of liberty with pending cases before the courts. 3 d) PNP Detention Facilities refer to holding cells in police precincts for individuals under 4 arrest. 5 e) Closed-Circuit Television (CCTV) System refers to the use of video cameras to transmit a signal to a specific place, on a set of monitors/a television system that 7 transmit images on a "closed loop" basis, where images are only available to those 8 directly connected with the transition system, including other security camera systems, motion sensors, and other appropriate technology that can detect any activity inside 10 the incarceration facility; f) Images refer to video recordings, photographs, or still images captured by security monitoring systems. g) Person in Authority refers to designated officials of the PNP, BJMP, or Bucor responsible for managing incarceration facilities.

Sec. 4. Installation of Security Monitoring System. - The PNP, BJMP, and BuCor

shall install, operate, and maintain comprehensive CCTV System in all national, regional, and local incarceration facilities. The System shall cover all common areas, entry and exit points, investigation areas, and facility perimeters. Trained personnel shall operate the System.

Sec. 5. Purposes of Security Monitoring System. - The security monitoring

systems shall serve the following functions: a) Crime Prevention - To deter and prevent criminal acts, violence, and escape attempts within incarceration facilities. 24 b) Surveillance - To enable real-time monitoring of inmates, facility staff, and visitors, ensuring the safety and security of all individuals and property. c) Operations Monitoring - To oversee and ensure that facility personnel comply with laws, regulations, and operational protocols. d) Institutional Documentation — To record and document facility activities, incidents, and events for administrative and investigative purposes, provided that data collected is relevant and not excessive.

Sec. 6. Guiding Principles. - The operation of security monitoring systems shall

adhere to the following principles:

a) Respect for privacy and protection of individual rights shall be ensured at all times. b) Clear, visible signage shall be placed in all monitored areas to inform individuals of the presence of surveillance equipment. c) A transparent grievance mechanism shall be established for reporting alleged privacy violations. 6 d) Recorded materials shall be disposed of securely to prevent unauthorized reproduction or distribution.

Sec. 7. Prohibited Acts. - The following acts are strictly prohibited:

9 a) Installation of surveillance equipment in private areas such as restrooms, toilets, bathrooms, changing rooms, strip-search areas and other similar areas utilized for private activities. 12 b) Installation of CCTV system without proper notice in areas within incarceration facilities. c) Unauthorized sale, publication, or commercial use of recorded materials or images. d) Uploading of recorded images or footage to the internet for entertainment or unauthorized purposes.

Sec. 8. Access and Disclosure of Recordings. - Access to images and

recordings shall be strictly limited to authorized personnel and allowed only in the following instances: a) Upon written request by a person in authority for official investigations. b) Upon lawful order of the court for pending criminal or civil proceedings. 22 C) To determine the occurrence of an offense within the facility and identify involved individuals. d) Individuals whose images were recorded may request copies of the relevant recordings. e) The PNP, BJMP, or BuCor may release recordings to the media to help Identify the perpetrator of a crime or locate his whereabouts, when necessary for crime prevention or public information, subject to legal limitations. All authorized access or disclosures shall be documented and acted upon within twenty-four (24) hours from receipt of the request.

Sec. 9. Data Retention and Storage. - Recorded data shall not be retained for

more than six (6) months unless required for an ongoing investigation, legal

1 proceeding, or other lawful purposes, after which it shall be securely deleted or overwritten.

Sec. 10. Data Protection. - The collection, storage, and use of data from

4 security monitoring systems shall comply with Republic Act No. 10173 or the Data Privacy Act of 2012 and other applicable laws. The PNP, BJMP, and BuCor shall ensure 6 strict confidentiality and restrict access to authorized personnel only.

Sec. 11. Appropriations. - The funds necessary for the implementation of this

8 Act shall be included in the annual General Appropriations Act.

Sec. 12. Implementing Rules and Regulations. - Within sixty (60) days from

10 the effectivity of this Act, the BuCor, in coordination with the Department of Justice 11 and other concerned agencies, shall issue the necessary rules and regulations to 12 effectively implement this Act.

Sec. 13. Penalties. - Unauthorized tampering, dismantling, or disassembling

of security monitoring systems shall be punishable by imprisonment of six (6) to ten (10) years, a fine of Five Hundred Thousand Pesos (P500,000.00) to One Million Pesos 16 (P1,000,000.00), or both, without prejudice to other criminal or civil actions under 17 existing laws.

Section 14. Separability Clause. - If any provision of this Act is declared

19 unconstitutional or invalid, the remaining provisions shall remain in full force and 20 effect.

Section 15. Repealing Clause. - All laws, decrees, executive orders, rules, and

regulations inconsistent with this Act are hereby repealed or modified accordingly.

Section 16. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation. Approved,