Steep penalties sought to end contraband smuggling in jails

The measure imposes a penalty of imprisonment ranging from 20 years to up to 40 years imprisonment, and a fine of PHP5 million, to any person who shall introduce dangerous drugs and deadly weapons, or those who will be caught in possession thereof in a prison facility. (Pexels Photo)

MANILA – Following the confiscation of thousands of contraband items at the New Bilibid Prison (NBP), Surigao del Norte 2nd District Representative Robert Ace Barbers on Tuesday said he has filed a bill which seeks to put an end to the proliferation of prohibited objects or items inside all correctional and detention facilities nationwide.

“The series of events, whereby thousands of contrabands, including shabu, were confiscated inside the NBP, and the discovery of a middleman inmate who used a cellphone to hire gunmen to kill Percy Lapid, have prompted me to craft a measure that would address this serious problem in our prison institutions,” the chair of the House Committee on Dangerous Drugs said in a statement.

“The proliferation of contraband in prison has remained a perennial problem in the country. Its never-ending presence inside the correctional facilities has now transformed our prison institutions into breeding grounds for continuing criminality,” Barbers added.

House Bill No. 6126, or the Anti-Proliferation of Contraband in Prison Act of 2022, was filed by Barbers on Monday.

In filing the bill, the veteran lawmaker from Mindanao said it is very alarming that persons who are supposed to be serving their sentences behind bars, still have the liberty to access gambling materials, dangerous drugs and deadly weapons, and can even use communication devices to continue their criminal activities outside of prison jails.

“What is happening right now in our correctional institutions runs counter to very foundations of our criminal justice system that mandates punishment, reformation and/or rehabilitation of offenders for their crimes,” he said.

“This sinister activity of contraband smuggling in prison, if not properly addressed would not only undermine the safety and security of our penal facilities but also the public in general. This bill aims to put an end to these shenanigans,” Barbers said.

Under HB 6126, all prison and detention facilities are mandated to implement extensive contraband interdiction procedures to combat the proliferation of contraband through the employment through the employment of modern detection devices, units and technologies to cut the flow of modern technology, devices or units.

These includes the use of hand-held and walk-through metal detectors; X-ray security scanners; K-9 units specializing in cellphones/gadgets and narcotics detection; and, signal jammers for cellphones, drones and other similar gadgets or technologies.

Officials and personnel of penal institutions are also mandated to regularly conduct search and seizure operations in all prison cells and quarters every month.

The measure imposes a penalty of imprisonment ranging from 20 years to up to 40 years imprisonment, and a fine of PHP5 million, to any person who shall introduce dangerous drugs and deadly weapons, or those who will be caught in possession thereof in a prison facility.

Those who attempt to convey alcoholic beverages, tobacco products, gambling materials, communication devices, luxury items and money into a prison facility shall be penalized with six to 12 years imprisonment and a fine of PHP1 million.

Those who are found guilty of facilitating, assisting or abetting the conveyance of firearms or dangerous drugs into jail facilities shall be penalized with imprisonment of 12 to 20 years, and a fine of PHP3 million. For all other contrabands, the penalty will be imprisonment of six to twelve years, and a fine of PHP1 million.

“To wipeout graft and corruption inside the correctional institutions, jail authorities who shall be found facilitating or assisting in the introduction or conveyance of these prohibited items shall be dealt with severe penalties,” Barbers said.

HB 6126 provides that if the offender is a public official or employee, he shall suffer the penalties provided under this measure, “in addition to suffering the penalty of absolute perpetual disqualification from holding public office and the forfeiture of all his retirement benefits and accrued leave credits.”