dOllies of this secret TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session ) 25 AUG -4 P6:14 SENATE RECEIVED BY: S. NO._ 886 Introduced by Senator Jinggoy Ejercito Estrada 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 Republic Act No. 6975 provides that the Bureau of Jail Management and Penology (BJMP) shall exercise supervision and control over all city and municipal jails, while provincial governments shall supervise and control provincial jails. The prevailing setup leads to a fragmented administration of correctional system in the country employing varying sets of standards of care for and safekeeping of persons deprived of liberty. Such arrangement also translates to different qualifications and benefits for jail personnel tasked with the custody of PDLs. For instance, some provinces cannot afford to provide allowances such as hazard pay or subsistence pay due to limited financial resources. Also, it was learned that while the BJMP requires municipal or city jails to be headed by a graduate of a four-year course, certain provinces allow those who were not able to complete tertiary education to occupy the position. This measure, as reported out by the Senate Committee on Public Order and Dangerous Drugs and already approved on Third Reading by the Senate during the
19th Congress, seeks singular stewardship of the BJMP over all local jails and comprehensive implementation of a uniform national standard in the operational management thereof towards a more effective rehabilitation of inmates. This proposed legislation, covering the transfer of more than eighty (80) provincial and sub-provincial jails to the competent leadership of a national authority, is one of the legislative priorities identified by the BJMP and a step towards the direction of a unified penology and corrections system envisioned under the Philippine Development Plan 2023-2028 to achieve an enhanced administration of justice. Further, this aims to relieve the provincial governments with the responsibility of jail management and maintaining jail facilities to focus on the delivery of basic social services and more urgent needs of their constituency. The immediate passage of this bill is hereby recommended. Figstat 1 JINGGOY EJERCITO ESTRADA
Sendi One of tis erratary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 AUG -4 P6:14 SENATE RECEIVED BY: S. No._ Introduced by Senator Jinggoy Ejercito Estrada 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
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. Towards this end, the State shall provide uniform standards and policies in the administration of jails and the safekeeping of persons deprived of liberty by placing 9 the administration of local jails to a single authority.
Sec. 3. Transfer of Provincial and Sub-Provincial Jail. - The control and
11 supervision over provincial and sub-provincial jail is hereby transferred to the Bureau 12 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
2 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 5 funding the subsistence allowance of inmates and the maintenance of jail facility 6 including, but not limited to, electric and water expenses and necessary repairs until 7 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
10 and personnel of provincial and sub-provincial jails shall enjoy security of tenure and shall be absorbed by the BJMP subject to 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 qualified to retire shall be allowed to do so and be entitled to all benefits provided for under existing retirement laws. The BJMP, in coordination with the Technical Education and Skills 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 4 the continued implementation of this Act shall be included in the annual General 5 Appropriations Act.
Sec. 7. Implementing Rules and Regulations. - The Department of the Interior
and Local Government and BJMP, in coordination with the Provincial Governments, 8 CSC, and other stakeholders, shall, within sixty (60) days from the effectivity of this 9 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,