Question & AnswerQ&A (Republic Act No. 11928)
The short title of Republic Act No. 11928 is the 'Separate Facility for Heinous Crimes Act.'
RA 11928 declares the State's policy to maintain peace and order, protect the life, liberty, and property of all people, promote the general welfare, uphold the dignity of every human person, and guarantee full respect for human rights, particularly for persons deprived of liberty (PDLs) who are convicted of heinous crimes.
This Act applies to all persons deprived of liberty (PDLs) convicted of heinous crimes serving their sentences in penitentiaries and facilities of the Bureau of Corrections (BuCor).
Heinous crimes under the Act refer to crimes defined in Republic Act No. 7659 characterized as grievous, odious, hateful offenses due to their wickedness, viciousness, atrocity, and perversity. Examples include treason, piracy, parricide, murder, infanticide, kidnapping, serious illegal detention, robbery with violence, destructive arson, rape, human trafficking, and illegal drugs trafficking.
A high-level offender refers to a person convicted of heinous crimes and sentenced to reclusion perpetua or life imprisonment under this Act.
RA 11928 mandates the establishment and maintenance of a separate, secure, and sanitary penitentiary facility for PDLs convicted of heinous crimes. This facility should be located in a secured and isolated place away from civilian communities, preferably within military establishments or on isolated islands, with at least one facility each for Luzon, Visayas, and Mindanao.
The Bureau of Corrections (BuCor) is responsible for the transfer, with possible assistance from the Department of the Interior and Local Government (DILG), Philippine National Police (PNP), Armed Forces of the Philippines (AFP), or Philippine Coast Guard (PCG) when air or sea transport is used.
PDLs must be exposed to public view as little as possible; proper safeguards must protect them from insult, curiosity, or publicity. Transfers should avoid unreasonable inconvenience or hardship such as inadequate ventilation or lighting, use separate vehicles for males and females, and house minors and women in separate buildings within the facility.
The facility must be state-of-the-art with 24-hour surveillance cameras, advanced information technology and security systems, enhanced security on locks, doors, and perimeters, and be maintained clean and habitable with sanitary toilets and shower areas.
PDLs in these separate facilities are allowed to communicate with their relatives or legal counsels only, under conditions recommended by the Director General of BuCor and approved by the Secretary of Justice.
Regular internal inspections by the prison administration and external inspections by the Department of Justice (DOJ) are conducted to ensure the facility's administration complies with the Constitution, RA 11928, and other laws and regulations.
Yes, regular random drug testing of PDLs convicted of heinous crimes is mandated. Tests must be conducted by accredited forensic or drug testing laboratories monitored by the Department of Health (DOH).
Congress shall regularly review the implementation and compliance with RA 11928 through the committees with legislative jurisdiction, evaluating the performance of concerned agencies regarding the Act's objectives.
BuCor must maintain an effective and efficient IT system for managing inmate records, ensuring accessibility and integration with other law enforcement agencies for monitoring purposes.
BuCor must submit bi-annual reports to the Senate President and House Speaker on the progress and budget application during construction of the heinous crimes facility. After occupancy, annual reports on implementation status must be submitted.
The necessary funds for implementing the Act shall be included in the annual General Appropriations Act.
The Secretary of Justice, in coordination with the Director General of the BuCor, must promulgate the rules and regulations within 90 days from the Act’s effectivity.
If any provision is declared unconstitutional, the remainder of the Act or unaffected provisions shall remain in full force and effect as per the Separability Clause.
The Act took effect fifteen (15) days after its publication in the Official Gazette or a newspaper of general circulation, which was after July 30, 2022.