QuestionsQuestions (Republic Act No. 11928)
Its short title is the “Separate Facility for Heinous Crimes Act.” The policy is to uphold constitutional mandates on peace and order, dignity and human rights of persons deprived of liberty, and the principle of separating categories of PDLs based on age, sex, criminal record, and rehabilitation needs.
All PDLs convicted of heinous crimes serving sentences in BuCor penitentiaries and facilities.
It refers to heinous crimes under RA 7659, characterized as grievous, odious and hateful offenses. The Act lists: treason; piracy in general and mutiny on the high seas and in Philippine waters; qualified piracy; qualified bribery; parricide; murder; infanticide; kidnapping and serious illegal detention; robbery with violence against or intimidation of persons; destructive arson; rape; human trafficking; and illegal drugs trafficking.
A person convicted of heinous crimes and sentenced to reclusion perpetua or life imprisonment.
A person sentenced to serve imprisonment for an offense punishable under the RPC, customs and tariff laws, immigration laws, election laws, and other special penal laws (whether or not an appeal has been filed), and also persons committed to BuCor by a court or competent authority for temporary confinement for similar purposes.
A place or location far away from civilian communities that ensures safety and security of the communities and protects the facility from intrusions.
At least three (3) separate facilities for high-level offenders, with one (1) facility each in Luzon, Visayas, and Mindanao.
In a suitable location determined by the Secretary of Justice, away from the general population and other PDLs, preferably within a military establishment or on an island separate from the mainland, in a secured and isolated place with no unwarranted contact or communication from outside.
The BuCor leads the transfer. It may seek assistance from DILG through PNP, AFP, or PCG if transport involves aircraft or sea vessels.
PDLs must be exposed to public view as little as possible; safeguards must protect them from insult, curiosity, or publicity. Unreasonable inconvenience and unnecessary physical hardship (e.g., inadequate ventilation or light) are prohibited.
Separate vehicles must be used for male and female PDLs. Women and minors aged 15 to 17 must be transferred and kept in a separate building inside the heinous crimes facility.
Within thirty (30) days from the completion of the construction of the heinous crimes facility.
After transfer, a jointly prepared report by BuCor and the assisting agencies (PNP/AFP/PCG as applicable) must be submitted to the President of the Senate and the Speaker of the House. Additionally, BuCor must submit bi-annual reports during construction, and annual reports on implementation status once the premises are completed and occupied.
A state-of-the-art facility with 24/7 surveillance cameras and the latest information technology and security systems, enhanced security features on locks/doors/perimeters, cleanliness and habitable conditions, and provision of sanitary/hygienic toilets and shower areas.
PDLs may communicate with their relatives or legal counsels only, under conditions recommended by the BuCor Director General and approved by the Secretary of Justice.
Regular internal inspection by the prison administration and external inspection by the Department of Justice to ensure administration conforms with the Constitution, the Act, and other laws/rules, and to attain penal-system objectives.
Regular random drug testing among PDLs convicted of heinous crimes. Testing must be done by a forensic laboratory or DOH-accredited and monitored drug testing laboratories to safeguard test result quality.
The Secretary of Justice must promulgate IRR within ninety (90) days from effectivity, in coordination with the BuCor Director General. Effectivity is fifteen (15) days after publication in the Official Gazette or a newspaper of general circulation; the text also indicates it lapsed into law without the President’s signature per Article VI, Section 27(1) of the Constitution.