Dela Rosa: Sponsorship speech
July 26, 2023
DELA ROSA: SPONSORSHIP SPEECH
Jail Integration Act
(Committee Report No. 97, Senate Bill No. 2352)
July 26, 2023
Mr. President, as Chairperson of the Senate Committee on Public Order and Dangerous Drugs, I am honored to sponsor Senate Bill No. 2352, under Committee Report No. 97, transferring the control and supervision of the provincial and sub-provincial jails to the Bureau of Jail Management and Penology, or BJMP.
By 2040, the BJMP envisions itself to be "a world-class agency highly capable of providing humane safekeeping and developmental opportunities for Persons Deprived of Liberty, or PDLs."[1] This is the vision that guides and drives the BJMP in ensuring that our jails are not just a place of temporary confinement, but more importantly, a place conducive for rehabilitation.
Mr. President, one would expect that such vision would be applicable to all our jails, given that it is a statement of lofty intentions. However, when the BJMP was established under Republic Act No. 6975, or the "Department of the Interior and Local Government Act of 1990," the jurisdiction granted to the BJMP was only over our city and municipal jails. Naiwan po ang pangangalaga sa mga provincial at sub-provincial jail at kanilang mga persons deprived of liberty (PDLs) sa ating mga provincial governments.
Mr. President, I have high respect for our Provincial Government leaders, and I know that they always aim for the best for their constituents. Alam ko rin na kahit gaano ka-limitado iyong kanilang fiscal space, gagawin pa rin nila ang kanilang makakaya upang matugunan ang mga pangangailangan ng kanilang probinsya. Ngunit ito rin po mismo ang dahilan kung bakit kailangan nating ipasa ang panukalang batas na ito.
First of all, there is a need for integration. Kung ano ang umiiral na standard para sa ating municipal at city jails - qualification ng jail officer, cleanliness and sanitation requirements, equipment at property requirements - iyon din dapat ang umiral na mga standard para sa ating provincial at sub-provincial jails.
Second, we intend to ease our Provincial Governments of this responsibility. Since 1990, they have been meeting this challenge head-on. And while this is noble of them, we also wish that they may utilize their resources more fully, in ways that will be more productive for them. By turning over the provincial and sub-provincial jails under the jurisdiction of the BJMP, we shall be giving more freedom to our Provincial Governments to direct their resources in accordance to their respective priorities.
Mr. President, most of our Provincial Governments in the country are pushing for the enactment of this measure. They are willing to transfer the current provincial jail properties in accordance with existing laws. However, at this point, allow me to allay some fears and concerns, on the part of the BJMP, our Local Government Units and the employees of our existing provincial and sub-provincial jails. Ang unang concern ay ang transition. It is a valid question - how will we ensure that this transfer is done in an orderly manner? Section 4 of this measure provides for a 3-year transition period. Hindi po natin bibiglain ang paglilipat, Mr. President. During this transition period, the Provincial Government will continue to provide for the subsistence allowance of inmates, as well as for the maintenance of the jail facility.
Ang isa pang tanong na nais nating tugunan ay tungkol sa mga empleyado ng Provincial at Sub-provincial jail. Again, yet another valid concern - once these jails are transferred to the BJMP, what will happen to their existing employees? Hindi po natin sila pababayaan, Mr. President. Section 5 expressly states that they shall enjoy security of tenure, and shall automatically be absorbed by the BJMP, subject to existing qualification standards. For purposes of computation of their retirement and pension benefits, their services rendered prior to the enactment of the measure shall be included. Hindi po natin babaliwalain ang kanilang mga naging serbisyo sa provincial jails sa ilalim ng kanilang provincial government.
Iyon namang mga hindi nakakaabot ng mga nasabing qualification standard ay tutulungan natin, bibigyan natin sila ng limang taon upang maabot na nila ang mga standard na ito. While for those employees who, at the time of transfer, already reach the mandatory retirement age of the BJMP, we shall encourage the Provincial Government to absorb them under their employ. No one will get left behind, Mr. President. That is the assurance I give, as sure as I am standing before this august body. "Synergy. The bonus that is achieved when things work together harmoniously." American author Mark Twain got it right, Mr. President. When each part of the whole knows and understands the importance of their role, we can look forward to the best results. We reap the benefits of synergy. This synergy is what we aim to achieve, with this passage of this measure.
At this point, Mr. President, let me just underscore how important our task is, as legislators. Before us, there is that need, not only to fill in policy gaps, but also to help ensure, through legislation, that our government agencies work together harmoniously. Thus, as we aim to transfer the jurisdiction of our provincial and sub-provincial jails from the Provincial Government to the BJMP, the task precisely is to translate synergy into law.
The BJMP may be charged with the handling of Persons Deprived of Liberty, but it is the humble opinion of this representation, that the liberty to manage our jails must be given to them, fully and without exemption, in accordance with the law.
I trust that this Congress is with me in this endeavor. With your support, I know it can be done. Maraming salamat po, Mr. President.
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[1] Retrieved from: https://www.bjmp.gov.ph/index.php/about-us/mission-and-vision, retrieved on 23 May 2023.
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