Question & AnswerQ&A (Republic Act No. 11928)
The short title of Republic Act No. 11928 is the "Separate Facility for Heinous Crimes Act."
The main policy is to promote the general welfare and basic rights of every person deprived of liberty (PDL), ensuring that different categories of PDLs are kept in separate institutions or facilities based on age, sex, criminal record, and rehabilitation requirements.
This Act applies to all persons deprived of liberty (PDLs) convicted of heinous crimes and serving their sentences in the penitentiaries and facilities of the Bureau of Corrections (BuCor).
Heinous crimes refer to those defined under Republic Act No. 7659 considered grievous, odious, and hateful offenses characterized by inherent wickedness, viciousness, atrocity, and perversity. Examples include treason, piracy, qualified bribery, parricide, murder, infanticide, kidnapping, robbery with violence, destructive arson, rape, human trafficking, and illegal drugs trafficking.
A high-level offender is a person convicted of heinous crimes and sentenced to reclusion perpetua or life imprisonment.
A PDL is a person sentenced by a court to serve imprisonment for offenses punishable under various laws including the Revised Penal Code and other special laws, including those committed by customs or immigration offenders, whether or not an appeal has been filed. It also includes persons temporarily confined to BuCor for similar purposes.
The facility should be located in a secured and isolated place, preferably within a military establishment or on an island separate from the mainland, away from the general population and other PDLs.
There must be at least three separate facilities for high-level offenders, with one facility each in Luzon, Visayas, and Mindanao.
The transfer shall be headed by the Bureau of Corrections (BuCor), which may seek assistance from the Department of the Interior and Local Government, Philippine National Police, Armed Forces of the Philippines, or Philippine Coast Guard as needed.
PDLs should be exposed to public view as little as possible, with proper safeguards against insult, curiosity, or publicity. Separate vehicles must be used for male and female PDLs, and women and minors aged 15 to 17 must be transferred and kept in separate buildings inside the facility. Unreasonable inconvenience or physical hardship during transfer is prohibited.
The facility must be state-of-the-art, equipped with surveillance cameras and modern security systems to monitor PDLs 24/7, with extensive security features such as secure locks, doors, and perimeter controls, and maintained in a clean and habitable state with sanitary toilets and showers.
PDLs are allowed to communicate only with their relatives or legal counsels under conditions recommended by the Director General of BuCor and approved by the Secretary of Justice.
There shall be regular internal inspections conducted by the prison administration and external inspections led by the Department of Justice to ensure compliance with the Constitution, this Act, and other laws.
Yes, regular random drug testing shall be conducted by accredited forensic or drug testing laboratories to ensure quality and accuracy.
Congress, through the committees of the Senate and House of Representatives with legislative jurisdiction over the Act, shall conduct regular reviews and evaluations.
The IT system will support build-up, maintenance, and transmission of inmate records across BuCor prisons and penal farms, and integrate with other law enforcement agencies for effective monitoring.
BuCor must submit bi-annual reports to the Senate President and House Speaker from the start of construction until completion of the heinous crimes facility and annual reports on the Act's implementation once the facility is operational.
Funding is included in the annual General Appropriations Act to cover the necessary expenses for implementing the law.
The Secretary of Justice, in coordination with the Director General of BuCor, is responsible for promulgating the implementing rules and regulations within ninety (90) days from the Act’s effectivity.
If any portion is declared unconstitutional, the remainder or unaffected provisions shall remain in full force and effect.