Title
Control and Management of Provincial Jails
Law
Act No. 413
Decision Date
Jun 2, 1902
A Philippine law establishes guidelines for the control and management of provincial jails, including provisions for prisoner treatment, inspections, and responsibilities of the governor, with the aim of ensuring safekeeping and proper accommodation.

Inspections and responsibility

  • Section 2 requires the judge of the Court of First Instance and the provincial board to make personal inspections of the provincial jail as often as the judge is required to be in the province.
  • Section 2 directs the inspection to cover: sufficiency for safe-keeping of prisoners, proper accommodation, health conditions, and how the jail has been kept since the last inspection.
  • Section 3 requires the governor, by himself or through a jailor appointed by him, to keep the jail and be responsible for how it is kept.

Prisoner accommodation and provisions

  • Section 3 requires separate rooms for the sexes, except where they are lawfully married.
  • Section 3 requires the governor, under the direction of the provincial board and at the province’s expense, to supply proper food and clothing for prisoners.
  • Section 3 allows the provincial board to allow the governor not exceeding twenty cents, Mexican, each per day for feeding prisoners, or to make contracts with third parties at that rate for feeding prisoners.

Prisoner records and reporting

  • Section 4 requires the governor or appointed jailor to keep a true and exact calendar of all prisoners committed to the provincial jail.
  • Section 4 requires the calendar to record: names of persons committed, place of abode, time of commitment, cause of commitment, authority that committed them, and description of their persons.
  • Section 4 requires entries for release (time and authority of liberation) and for escape (time and manner of escape).
  • Section 4 requires entries for death (date and cause of death); where a prisoner dies in the provincial jail, Section 4 imposes on the president of the provincial board of health the duty to examine and report to the provincial board the cause of death.

Court-term return and fine

  • Section 5 requires that at the opening of each term of the Court of First Instance within the province, the governor shall return a copy of the prisoner calendar under his hand to the judge.
  • Section 5 provides that if the governor neglects or refuses to do so, he is punished by fine not exceeding five hundred pesos.

Jail regulations against misconduct

  • Section 6 requires the provincial board to make suitable regulations for conduct in the provincial jail.
  • Section 6 mandates regulations to prevent the introduction of intoxicating liquors among prisoners.
  • Section 6 mandates regulations to prohibit gambling in the jail.
  • Section 6 mandates regulations to prohibit disorderly practices of any kind in the jail.

Costs for prisoners on civil process

  • Section 7 sets the compensation for the support of a prisoner arrested on civil process at twenty cents, money of the United States, per day.
  • Section 7 requires that the compensation be advanced and taxed as costs in accordance with Section 1 of Act No. 397.

Presumptive evidence of custody

  • Section 8 applies when a prisoner is confined under a process directed to the governor or sheriff that requires return to the issuing court.
  • Section 8 requires the governor or sheriff to keep a copy of the process together with his return on it.
  • Section 8 provides that the certified copy is presumptive evidence of the governor’s or sheriff’s right to retain the prisoner in custody.

Handling commitment and liberation papers

  • Section 9 requires all instruments by which a prisoner is committed or liberated, and attested copies thereof, to be regularly endorsed, filed, and kept in a suitable box by the governor or his deputy acting as jailor.
  • Section 9 requires delivery of the box, with its contents, to the successor of the officer in charge of the prisoner.

No-jail or insecure/insufficient jail arrangements

  • Section 10 requires the provincial board to make arrangements for safekeeping with the provincial board of a neighboring province if there is no jail in a province or if the provincial jail is insecure or insufficient for all provincial prisoners.
  • Section 10 requires the officer having custody of the prisoner to commit him to the jail of the neighboring province once the arrangement is made.
  • Section 10 provides that detention in the neighboring province’s jail has the same legal effect as though confined in the jail of the province where the arrest for the offense occurred.

Fugitive-from-justice custody

  • Section 11 allows any provincial jail to be used for the safekeeping of a fugitive from justice from any province.
  • Section 11 entitles the jailor, for such fugitive, to receive the same compensation for support and custody as provided for other prisoners.
  • Section 11 requires payment by the officer demanding custody of the prisoner, with reimbursement for outlay as part of the costs of the prosecution.

Humane treatment and prisoner reformation

  • Section 12 requires prisoners to be treated with humanity and in a manner calculated to promote their reformation.
  • Section 12 requires juvenile prisoners to be kept, if the jail admits of it, in apartments separated from those containing more experienced and hardened criminals.
  • Section 12 requires that visits by parents and friends who desire to exert a moral influence over prisoners be permitted at all reasonable times under regulations proscribed by the provincial board.

Prison labor on public works

  • Section 13 empowers the provincial board to cause able-bodied male prisoners to work on public provincial roads or highways or other public works in the province.
  • Section 13 excludes from such labor prisoners held awaiting trial.
  • Section 13 requires that work be done under the direction and control of the provincial supervisor.
  • Section 13 requires adequate guarding while employed, by the jailor or his deputies or by the Philippines Constabulary if available.

Repeal and effectivity

  • Section 14 repeals all laws, rules, and regulations inconsistent with the provisions of Act No. 413.
  • Section 16 provides that Act No. 413 takes effect on its passage.
  • Enacted on June 2, 1902.
  • Section 15 directs expedited passage of the bill in accordance with Section 2 of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen hundred.

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