Declaration of Policy
- The State prioritizes peace, order, protection of life, liberty, property, and general welfare as essential to democracy.
- The State values human dignity and guarantees respect for human rights.
- RA 11928 aims to promote welfare and basic rights of Persons Deprived of Liberty (PDLs) and keep different PDL categories separated based on age, sex, criminal record, rehabilitation needs.
Construction and Interpretation
- The IRR shall be interpreted to further the Act's policies and objectives.
- In cases of doubt, interpretation favors the rights and welfare of PDLs.
Coverage
- Applies to all PDLs convicted of heinous crimes, classified as high-level offenders, serving sentences in penitentiaries under Bureau of Corrections (BuCor).
Definitions
- Heinous Crimes: Grievous crimes marked by wickedness, atrocity, and perversity, including those punishable by death under RA 7659 and Supreme Court declarations.
- High-Level Offender: Person convicted of heinous crimes, sentenced to reclusion perpetua or life imprisonment.
- Facility Inspection Board (FIB): BuCor collegiate body responsible for internal inspection of the facility.
- Classification Board: Composed of BuCor officials; classifies PDLs by security risk, sentence, etc.
- Facility: Separate facilities dedicated to PDLs convicted of heinous crimes.
- PDL: Person sentenced to imprisonment under various penal laws or committed temporarily to BuCor.
- Renewable Energy: Energy from natural resources used for facility self-sustainability.
- Visitation: Regulated communication between PDLs and visitors, legal counsels, or officials, through physical or alternative means, supervised by BuCor.
- State of the Art Facility: Incorporates advanced technology, surveillance, and security systems for 24/7 monitoring.
Establishment of Separate Facilities
- BuCor to establish separate, secure, sanitary facilities for PDLs convicted of heinous crimes, classified as high-level offenders.
- Facilities preferably located away from general population, ideally within military bases or on separate islands.
- At least three facilities to be built: one each in Luzon, Visayas, Mindanao.
- Separate buildings for males, females, and separate dormitories for LGBT PDLs.
- Juvenile provisions apply for minors as per RA 9344.
- Classification system to include heinous crime PDLs housed in these facilities.
Transfer Procedures
- Transfers to occur within 30 days after facility construction completion.
- BuCor leads transfer, assisted as needed by DILG, PNP, AFP, PCG for transport.
- Transfers must minimize public exposure and protect PDLs from insult, curiosity, or publicity.
- Avoid physical hardship (e.g., poor ventilation).
- Separate vehicles for males and females.
- Legal counsels must be notified properly.
- Report on transfers to be submitted to Senate and House leaders within 72 hours.
Facility Features
- State-of-the-art with extensive surveillance and security technology.
- Renewable energy systems to promote self-sustainability.
- Clean, habitable conditions with sanitary toilets and shower areas.
- Direct BuCor control and staffing aligned with regular prison operations.
- Quarters for personnel to be established on-site.
Visitation Rights
- PDLs have regulated rights to communicate with relatives, legal counsel, and officials.
- Communication modes include in-person visits, phone, video, correspondence.
- Visitation guidelines to be formulated by BuCor and approved by Secretary of Justice.
- Communication with DOJ, BPP, PPA personnel allowed for official purposes.
Inspection Mechanisms
- Internal Inspection: Monthly inspections by Facility Inspection Board (FIB) comprising senior BuCor officials.
- External Inspection: Quarterly inspections by Department of Justice (DOJ) ensuring compliance with international prisoner treatment standards.
Drug Testing
- Regular random drug testing for PDLs convicted of heinous crimes.
- Accredited forensic laboratories and qualified staff to conduct tests.
- Facility Superintendent and medical personnel responsible for execution.
- Confirmatory testing by medical technologist upon order.
Oversight
- Congress to regularly review implementation and compliance.
- Senate and House committees with legislative jurisdiction over the Act to conduct systematic evaluation.
Information Technology
- Facility equipped with robust ICT infrastructure and software for digitizing and managing PDL records.
- System to have maintenance plans and allow information sharing with law enforcement.
Reporting and Funding
- Bi-annual reports on construction progress and budget until completion.
- Annual implementation reports after operation begins.
- BuCor budget to include funds for initial and continued implementation in General Appropriations Act.
Amendments and Legal Provisions
- Secretary of Justice, with BuCor Director General, may amend IRR as necessary.
- Separability clause preserves validity of provisions if any declared invalid.
- Repeals conflicting policies but upholds PDL rights from international rules (Mandela, Bangkok, Beijing, Kyoto Declaration) via constitutional incorporation.
Effectivity
- IRR effective 15 calendar days after publication and filing with University of the Philippines Law Center.