Constitutional policy and separation principle
- The State implements programs to promote the general welfare and the basic rights of persons deprived of liberty (PDLs) incarcerated in national penitentiaries (Section 2).
- The State values the dignity of every human person and guarantees full respect for human rights (Section 2).
- Different categories of PDLs shall be kept in separate institutions or facilities in consideration of age, sex, criminal record, and requirements for rehabilitation and reformation (Section 2).
Coverage: who is governed
- This Act applies to all PDLs convicted of heinous crimes serving sentences in the prison facilities of the Bureau of Corrections (BuCor) (Section 3).
- The Act applies to PDLs regardless of whether they have filed an appeal (Section 4(c)).
- PDLs include persons sentenced by a court to serve imprisonment for offenses punishable under the Revised Penal Code (RPC), customs and tariff laws or other laws within the jurisdiction of the Bureau of Customs or enforceable by it, immigration laws, election laws, and other special penal laws (Section 4(c)).
- PDLs also include persons committed to the BuCor by a court or other competent authority for temporary confinement for similar purposes (Section 4(c)).
Key definitions used in the Act
- Heinous crimes refer to crimes defined under Republic Act No. 7659, considered heinous as grievous, odious, and hateful offenses, and repugnant to common standards and norms of decency and morality (Section 4(a)).
- Heinous crimes include: 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 (Section 4(a)).
- A High-level offender is a person convicted of heinous crimes and sentenced to reclusion perpetua or life imprisonment (Section 4(b)).
- A secured and isolated place refers to a place far away from civilian communities that ensures community safety, facility security, and protection from intrusions or intruders (Section 4(d)).
Separate heinous crimes facility requirements
- There shall be established and maintained a separate, secure, and sanitary penitentiary for custody and safekeeping of PDLs convicted of heinous crimes serving sentences in BuCor prison facilities (Section 5).
- The separate facility shall be built in a suitable location determined by the Secretary of Justice, away from the general population and other PDLs, and preferably within a military establishment or on an island separate from the mainland (Section 5).
- The facility shall be located in a secured and isolated place to ensure no unwarranted contact or communication from outside of the penal institution (Section 5).
- At least three (3) separate facilities for high-level offenders must exist, with one (1) facility each in Luzon, Visayas, and Mindanao (Section 5).
- Upon establishment of the facilities, the BuCor must include in its classification system PDLs convicted of heinous crimes who will serve their sentences in the separate facilities (Section 5).
Transfer rules and limits
- The transfer of PDLs convicted of heinous crimes shall be headed by the BuCor (Section 6).
- The BuCor may seek assistance from the Department of the Interior and Local Government (DILG) through the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), or the Philippine Coast Guard (PCG) when transportation uses an aircraft or sea vessel (Section 6).
- Transfer expenses shall be charged against the budget of the BuCor (Section 6).
- PDLs being transferred must be exposed to public view as little as possible (Section 6).
- Proper safeguards shall protect PDLs from insult, curiosity, or publicity in any form (Section 6).
- Unreasonable inconvenience and unnecessary physical hardship during transfer are prohibited, including inadequate ventilation or light (Section 6).
- Separate vehicles must be used for male and female PDLs convicted of heinous crimes (Section 6).
- Women and minors between fifteen (15) and seventeen (17) years of age must be transferred and kept in a separate building inside the heinous crimes facility (Section 6).
- When fully executed, a report jointly prepared by the BuCor and the assisting PNP/AFP/PCG (as applicable) shall be submitted to the President of the Senate and the Speaker of the House of Representatives (Section 6).
- Transfers shall be made within thirty (30) days from completion of the construction of the heinous crimes facility (Section 6).
Facility standards and security features
- The separate facility shall be a state-of-the-art facility with surveillance cameras and the latest information technology and security systems (Section 7).
- The facility’s monitoring must be capable of monitoring PDLs twenty-four (24) hours a day (Section 7).
- Enhanced and extensive security features must exist on locks, doors, and the facility perimeters (Section 7).
- The facility must be maintained clean and habitable at all times (Section 7).
- Sanitary and hygienic toilets and shower areas must be provided and maintained (Section 7).
Communication, visitation, and oversight
- The Director General of the BuCor must ensure PDLs convicted of heinous crimes may communicate with their relatives or legal counsels only (Section 8).
- Communication with relatives or legal counsels shall be only under conditions and circumstances recommended by the Director General and approved by the Secretary of Justice (Section 8).
- Both internal inspections (by prison administration) and external inspections (by the Department of Justice (DOJ)) must be conducted on a regular basis (Section 9).
- Inspections must ensure the facility is administered in accordance with the Constitution, this Act, and other existing laws, rules, and regulations, and must attain penal system objectives (Section 9).
- Congress shall conduct a regular review of implementation and compliance with this Act through the committees of the Senate and the House of Representatives that have legislative jurisdiction over the Act (Section 11).
Random drug testing and IT system
- Regular random drug testing must be conducted among PDLs convicted of heinous crimes in the heinous crimes facility (Section 10).
- Random drug testing must be done by any forensic laboratory or by drug testing laboratories accredited and monitored by the Department of Health (DOH) to safeguard test result quality (Section 10).
- The BuCor must ensure an effective and efficient information technology (IT) system for build-up, maintenance, and transmittal of necessary inmate records to all BuCor prison and penal farms and other authorized government agencies (Section 12).
- The IT system must be integrated with other law enforcement agencies for effective monitoring (Section 12).
Reports, budgeting, and IRR issuance
- The BuCor must submit a bi-annual report to the President of the Senate and the Speaker of the House of Representatives starting from commencement of construction until completion (Section 13).
- Before completion of construction, the bi-annual report must include construction progress and information on budget application related to the construction (Section 13).
- After the premises are completed and occupied by PDLs convicted of heinous crimes, the BuCor must submit an annual report on the status of implementation (Section 13).
- The amount necessary for implementation must be included in the annual General Appropriations Act (Section 14).
- Within ninety (90) days from effectivity, the Secretary of Justice, in coordination with the Director General of the BuCor, must promulgate rules and regulations for effective implementation (Section 15).
Separability, amendments, and repeal
- If any portion or provision is declared unconstitutional, the remainder of the Act or provisions not affected remain in force and effect (Section 16).
- All other laws, decrees, orders, proclamations, rules, regulations, and other issuances, or parts thereof, inconsistent with this Act are amended or modified accordingly (Section 17).