ACT Teachers partylist Rep. France Castro asked Tuesday (Dec.8) the House leadership to shepherd the immediate deliberation of a measure seeking to establish mechanisms that will assist imprisoned parents especially mothers and solo parents, in the performance of their parental and child-rearing obligations.

The Assistant Minority Leader led the filing of House Bill No. 8153 or the proposed "Parents in Jail Act of 2021”, lamenting that the country lacks mechanisms and facilities for detained and committed parents to still enjoy their parental rights, and for the needs of their children to be attended to. 

“The sufferings of these parents in jail and their children could be prevented if the Philippine government strictly implemented its obligations under several international law instruments on the rights of the child, women’s rights, and cruel and inhumane punishment,” Castro said, citing the cases of political prisoners Reina Mae Nasino and Amanda Echanis and their babies—River and Randall Emmanuel.

After being separated from her mother, three-month old River contracted pneumonia, and died. 

Echanis, herself a child of incarcerated parents when both her parents became political prisoners in the 1990s, is now faced with the choice of nursing her newborn in detention or being separated from him, totally unable to nurse him, Castro said. 

Last week, Echanis, the daughter of slain National Democratic Front (NDF) peace consultant and Anakpawis chairman Randall Echanis, was arrested with her one-month-old son in Barangay Carolina at Baggao, Cagayan for alleged illegal possession of firearms, ammunitions, and explosives. 

“Just and humanitarian considerations should be enough to accord these mothers, and other parents in jail, and their children the rights to a family, and the love and nurturing of a family. However, current institutions do not,” Castro said. 

Joining Castro in filing the measure are Bayan Muna partylist Reps. Carlos Isagani Zarate, Eufemia Cullamat, and Ferdinand Gaite; Gabriela Women’s partylist Rep. Arlene Brosas and Kabataan partylist Rep. Sarah Jane Elago.

HB No. 8153 provides that in cases involving incarcerated parents, the court must give an appropriate warning of the special consequences concerning the parental rights of the accused, especially the loss of parental authority.

The bill mandates the court, after arraignment and upon plea of guilty, to inquire from the accused if the latter has any minor children and under whose custody they are.

In the event that the accused has minor children, the court shall motu proprio direct a social worker or a representative of the Department of Social Welfare and Development to discuss with the accused the various available options in relation to the care and custody of the minor.

A compliance report, duly signed by the accused will be submitted to the court, attesting that the options have been discussed and the selection option, if any, HB 8153 provides.

Should the accused be unable to place  their minor children under the care of a responsible adult, they will be placed under the care of the following persons, in the order indicated:

-surviving grandparent; 

-oldest brother or sister, over 21 years of age, unless unfit or disqualified; 

-any collateral relative of the accused, over 21 years of age, and within the fourth civil degree of consanguinity or affinity of the minor children; and

-the Department of Social Welfare and Development (DSWD).

The bill provides the creation of a coordinating body comprised of representatives from the DSWD, Department of Justice (DOJ), Bureau of Corrections, and the Department of Health (DOH) to formulate the implementing rules and regulations of the proposed Act.

The coordinating body is also tasked to provide for specific procedures for the placement of children of the accused or for infants born to women already incarcerated in state prisons, and establish programs designed to provide counseling, health and other social services to the incarcerated parents and their children.