1

Legal Research

New Bilibid Prison: A drug haven for prisoners

INTRODUCTION

Kurt Melvin A. Javier

it has an inmate population of 16,747.2 For
the past

The projected increase in the prison

population prompted the government to plan
and develop a new site for the national
penitentiary. The growing urbanization of
Manila and constant lobbying by
conservative groups fuelled the idea of
transferring the Old Bilibid Prison to a new
site, which at the time was considered
remote and on the outskirts of the urban
center.Accordingly, Commonwealth Act No.
67 was enacted, appropriating one million
pesos for the construction of a new national
prison in Muntinlupa. On November 15,
1940, all inmates of the Old Bilibid Prison
in Manila were transferred to the new site.
The new institution had a capacity of 3,000
prisoners and it was officially named the
New Bilibid Prison on January 22,
1941.Error: Reference source not found
The institution became the maximum
security compound in the 70s and continues
to be so. The camp houses not only death
convicts and inmates sentenced to life term,
but also those with numerous pending cases,
multiple convictions, and sentences of more
than 20 years.1 It is maintained by the
Bureau of Corrections (BuCor) under the
Department of Justice. As of October 2004,

several years there had been a lot of rumours

that inmates and officers in prison are
facilitating drug trade and illegal activities,
this includes possession of fire arms &
weapons, luxury items, building of houses,
sex trade and other prohibited acts.
Furthermore, the issue of government
officials and jail officers supporting these
illegal acts is very alarming. It endangers the
security of the nation and threatens the
integrity of the Bureau of Corrections to
effectively pursue its responsibility in safely
securing transforming national prisoners
through responsive rehabilitation programs
and the Department of Justice as a law
implementing body.
Clearly these are in violation of the
BuCor Operations Manual and is punishable
according to Republic Act no. 9165 The
Comprehensive Dangerous Drugs Act of
2002. President Benigno S. Aquino 3rd
signed the Bureau of Corrections (BuCor)
Act of 2013 or Republic Act 10575. The
newly-minted BuCor modernization law
finally replaced the Jurassic Prison Act of
1917 that was already 96 years old. Yet
2

New Bilibid Prison

[www.bucor.gov.ph/facilities/nbp.html]

DID YOU KNOW: New BVilib Prisons Philippine

Daily Inquirer. 2007-06-26 retrieved 2008-05-25[ www.
En.m.wikipedia.org/wiki/New_bilibid_prison]

nothing much seems to have happened since

then. Justice Secretary Laila De Lima said
that the new law, can now improve prison
facilities, recruit more corrections officers
and implement more responsive reformation
programs for inmates. She also stated that
one of the long-term goals of the BuCor is to
meet international standards in prison
administration as required by the new law.
However, nothing has really happened in the
past one years except for the launch of the
Implementing Rules & Regulations (IRR) of
RA 10575 last December 12, 2014. In short,
it took the DoJ a long time to prepare the
IRR of the prison reforms law that is
supposed to be part of the performance
agenda of the Aquino administration.3
The legal issues that are present in
NBP are the violations committed by
inmates and public officials participating in
illegal drug trade and the punishments
necessary in accordance with the BuCor
Operations Manual and RA 9165.
The objectives of this research
includes the identification of the violations
and punishments for inmates and public
officials involved in drug trade, the
identification of the possible administrative
officials tolerating the acts, to discuss the
prison governance of the NBP which results
to corruption, to discuss the management
necessary to prevent the illegal acts and to
discuss the plans of the President in making
the NBP a drug free institution.
This research is important since it
will reveal the current status of the national
penitentiary in the Philippines and also
enlighten us about the violations committed
by inmates and officials, including the
punishments necessary. Knowing the prison
governance in NBP as studied by Clarke
3

Rick Ramos Reforms long overdue at Bilibid Prison and

BuCor [www.manilatimes.net/reforms-long-overduebilibid-prison-bucor/150107/] December 19, 2014 9:40pm

Jones of Australian National University on

2014 will help us understand how prisoners
survive inside one of the largest prison in the
world and the origin of these acts. While
discussion of the plans of the Duterte
administration will make us understand the
solutions being prepared by the government
to rid the NBP of drugs.
METHODOLOGY
In conducting this legal research,
descriptive method of research was used
which is primarily concerned with finding
out "what is,". The primary sources used in
this research include the BuCorOperations
Manual and The comprehensive dangerous
drugs act of 2002. The secondary sources
include different articles from credible news
websites
such
Inquirer.net
and
Manilatimes.net. The Government website
BuCor.gov.ph was also utilized as well as
the scholarly research of Clarke Jones of the
Australian
National
University
on
2014 about
the
Philippine
prison
governance.
NEWS HEADLINES CONCERNING
DRUG TRADE IN NBP
Following the implementation of RA
10575 a drug raid was conducted by Justice
Secretary Laila De Lima on December 15,
2014 accompanied by operatives from the
National Bureau of Investigation (NBI),
Philippine Drug Enforcement Agency
(PDEA) and Philippine National Police
(PNP), held a surprise inspection at the
NBPs maximum security compound amid
reports that illegal drug trade thrives in the
national penitentiary. The Philippine Daily
Inquirer (PDI) placed on its front-page
banner headline last December 16, 2014,
Drug Lords Rule Munti. The article
mentions One has a diamond-studded Patek
Philippe watch. Four others have Rolex
watches. One of them keeps a life-size sex

doll. All have wads of cash in their pockets.

They were among the 19 convicts at the
national penitentiary in Muntinlupa City
staying in luxurious quarters that could pass
for high-end condominium units from where
they allegedly operate a nationwide drug
syndicate. One kubol, a space in the New
Bilibid Prison converted into a special
detention area, has a Jacuzzi. Another has a
sauna, wide-screen television sets in every
room, Wi-Fi and split-type air-con units.
Still another kubol has a generator and a
music
studio
with
top-of-the-line
equipment.4 Overcrowding at the National
Bilibid Prisons has triggered the putting-up
of kubols or makeshift huts by well to do
prisoners in order for them and their fellow
inmates to have a place to sleep or seek
shelter when it rains or shines, Having
dilapidated dormitories in a 9-hectare lot in
Muntinlupa City, the congestion rate inside
the countrys main prison compound in
Muntinlupa City is a whopping 145 percent
prompting some moneyed inmates to
construct kubols in the past with the
permission of prison authorities.5
This luxurious lifestyle of 19
convicts ended when Justice Secretary Leila
de Lima swooped down at dawn of
December 14, 2014 on the quarters of the
high-profile inmates in search of evidence
that would link them to the illegal drug trade
in the NBP compound. De Lima was
accompanied by Director Virgilio Mendez of
the National Bureau of Investigation, NBP
4

Kristine Felisse Mangunay, Nancy C. Carvajal Drug

lords rule New Bilibid Prison
[www.newsinfo.inquirer.net/657356/drug-lords-rule-newbilibid-prison], Philippine Daily Inquirer, December 16,
2014

Alfred Dalizon; Prison overcrowding triggered

building of kubol;
[http://www.journal.com.ph/news/nation/prisonovercrowding-triggered-building-of-kubols];
November 24, 2014

head Supt. Franklin Bucayo and a phalanx

of security escorts. Error: Reference source
not found This raid is perfect evidence that
the implementation and regulation of BuCor
is not effective as such Drug lords have been
conducting illegal trades inside and has been
living a luxurious life instead of being a
prisoner. They found bags and sachets of
white powder believed to be Shabu
(methamphetamine hydrochloride) in the
first four kubol at the start of the operation.
They also found cash totalling more than P2
million. According to the Justice Secretary,
the inmates control the drug industry in the
country. Error: Reference source not found
Subsequently, another raid on NBP
was conducted wherein TV5 reported that
Two Bureau of Corrections (BuCor) jail
guards were arrested in a drug raid
conducted by operatives of the National
Bureau of Investigation (NBI) on Saturday
night, March 12, 2016 in Muntinlupa City.
InterAksyons Kaye Imson said Tensuan,
who
was
still
high
on
shabu
(methamphetamine hydrochloride) when
arrested, claimed he has been working as a
jail guard in BuCor for over two decades.
His two brothers, Carlo, a former councilor,
and Jordan, the alleged operator of the drug
den, were also arrested. The second jail
guard to be arrested was identified as Arturo
Abellera.6
On December 21, 2014 PhilStar
Headlines reported that law enforcers raided
kubols (shelters) at the NBP, leading to the
discovery of high-powered guns, drugs, cash
amounting to over P2 million, expensive
watches and other smuggled items. 19
convicted drug lords, mostly Chinese and
Taiwanese, and crime gang leaders were
pulled out from their luxury kubols and
6

Abner Macolor BuCor jail guards nabbed inside drug

den near national penitentiary,
[www.lickerdaily.com/posts/206/03/bucor-jailguardsnabbed-inside-drug-den-national-penitentiary/] March 15,
2016

confined at the extension detention center of

the NBI. According to Justice Secretary
Vitaliano Aguirre II, the NBP is the source
of 75 percent of drug transactions in the
country. As of now, since the election of
President Rodrigo Duterte, the drug
syndicates in NBP are going crazy because
they do know how serious Duterte is in his
threat to kill them, the prison source said.
Chief Superintendent Ronald Dela Rosa
recently revealed that drug lords, currently
incarcerated initially offered a P10 million
reward to kill either him or Duterte. Since
there were no takers, they raised the bounty
to P50 million7 but even after that no one
was taking the bounty. As of now, the
bounty has reached a whopping P1 billion
for the heads of Duterte and Dela Rosa, a
prison source told Inquirer. Net that about 20
crime bosses, mostly drug lords would
cobntribute to the kill Duterte fund.8
Following the raid in NBP last
December 2014, on August 1st, 2015
Inquirer.net reported that seventeen highrisk inmates have been transferred to the
newly renovated Building 14 inside the
Maximum Security Compound of the
National Penitentiary.9 The high-profile drug
convicts found themselves where they really
belonged: in 8-square-meter jail cells inside
a recently inaugurated building at the New
7

Lorenz niel Santos;President Dutertes war on drugs

may begin at Philippines main prison;[
http://atimes.com/2016/06/president-dutertes-war-ondrugs-may-begin-at-philippines-main-prison/] JUNE 17,
2016
8

Bounty for Duterte et al. now P1B;[

http://newsinfo.inquirer.net/790538/bounty-for-duterte-etal-now-p1b/amp]
9

Tetch Torres-Tupas; 17 high-risk inmates

transferred from NBI head office to NBP
compound[ http://newsinfo.inquirer.net/7096
21/17-high-risk-inmates-transferred-fromnbi-head-office-to-nbpcompound#ixzz4D8vqypKr] August 1,2015

Bilibid Prison (NBP) in Muntinlupa. This

time, their cells had only the basic
necessities: a closed-circuit television, bunk
beds, a sink, a basin and a dipper. The drug
convicts were isolated from the main prison
population through a separate entry and exit.
Among the security measures put in place
inside Building 14 are CCTV cameras
installed in each of the cells, and assigning
prison guards who are not prone to
corruption, as ordered by De Lima, part of
stricter security measures. The article also
mentions that visitations were allowed by
De Lima, but the hours were limited, and
only the immediate family including the
legal wife or the certified common-law wife,
not wives and the convicts counsel are
allowed. These are good implementation of
the proper punishment necessary. The only
downside to this issue is that these should
have been prevented if the authorities were
strictly implementing rules and regulations.
In fact this should not have happened from
the beginning. As of now speculations have
risen that Laila De Lima, now elected as
Senator, was in collaboration with the drug
lords because of her supposed slowness in
cracking down shabu laboratories inside
the national penitentiary. Recent news
includes one netizen creating an online
petition through Change.org to impeach
Senator Leila De Lima and that thousands of
netizens have signed it. Though not yet
proven that she is involved, President
Dutertes team is on the move to put Sen. De
Lima under investigation.
There has been recent news
regarding the arrest of Government Officials
and Jail Officials showing proof that they
are involved in illegal drug trade, one of
which was reported by CNN Philippines on
February 4, 2016 with the headline: Drugrelated arrests involving government

officials, employees, increasing.10 It was

stated that aside from detained former drug
enforcement agent Lt. Col. Ferdinand
Marcelino, several other public officials and
law enforcers have been arrested on drug
charges in the past, including a vice mayor
and former mayor, police officers and
members of the armed forces.Error:
Reference source not found On March 14,
2016 a news report was posted by News5
with the headline: 2 jail guards, 11 others
nabbed in NBI raid of drug den just across
main prison. It was mentioned that The
National Bureau of Investigation on Monday
nabbed 13 suspects, including two jail
guards allegedly members of an illegal drugs
ring operating just across the national prison
in Muntinlupa. When government officials
or Jail officers themselves succumb to drug
use, they do not only damage the publics
trust and confidence. They also endanger the
countrys anti-drug abuse campaign.

DRUG OPERATION METHODS

According to the Justice Secretary in
his interview on DZMM TeleRadyo, a
numerous amount of water bottles have been
traveling in and out of the facility which
caused suspicion. The bottles have diluted
Methamphetime or Shabu inside them. Once
the bottles reach the inside of the facility, the
recipient can now boil the water and wait for
the residue to subside. The residue is Shabu.
Possible underground Shabu lab was also
mentioned by the Justice Secretary due to
the fact that there are underground tunnels
around the prison during the world war.
10

Drug-related arrests involving gov't officials,

employees, increasing PDEA; Eimor P. Santos,
CNN Philippines
[http://cnnphilippines.com/news/2016/02/03/Gover
nment-officials-illegal-drugs-trade.html]; February
4, 2016

Though the report is still being confirmed,

the Justice secretary says that it is possible
that this is where they are cooking meth.
Another issue was the confiscation of a lot
of signal boosters but not a single mobile
phone, the Justice secretary explained that
when the insides get a tip that a raid is
coming, the inmates would give their
cellphones to the guards for safe keeping.
Cellphones are very important in the drug
trade. They are used for communication to
the outside world. The drug lords would call
someone from the outside and order in the
drugs. Secretary Aguirre further explained
that prison guards only get Php 10,00012,000 a month so its easy for them to be
tempted with bribes.11

DISCUSSION OF LAWS AND POLICIES

Under Section 36, Chapter 6, Book
IV of executive Order No. 292, The
Administrative Code of 1987, the head of a
bureau or office is authorized to issue rules
and regulations to secure the harmonious
and efficient administration of his bureau or
office and to carry into full effect the laws
relating to matters within his jurisdiction. 12
According to the Bucor Operations Manual
under Part IV, Chapter 1, Section 4,
prohibited acts include possessing articles
which pose a threat to prison security or to
the safety and well being of the inmates and
staff; giving gifts, selling or engaging in
barter with personnel and possessing any
communication
device
like
cellular
telephone, pager or radio transceiver. 13 This
are among of the violated rules of inmates
11

Marita Galvez; 4 Ingenious Methods Bilibid Drug

Lords Do To Trade Illegal Drugs Inside
Prison[http://says.com/ph/news/4-methods-bilibid-druglords-do-to-trade-illegal-drugs-inside] 22 Jul 2016
12

BuCor Operations Manual of 2000 Page 1

that are involved in drug trade in NBP,

though illegal contrabands were not
specifically mentioned under the prohibited
acts, RA 9165 covers it. According to the
Comprehensive dangerous drugs act of
2002, under article II, Unlawful Acts and
Penalties Section 5. Sale, Trading,
Administration, Dispensation, Delivery,
Distribution
and
Transportation
of
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The
penalty of life imprisonment to death and a
fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall
sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit
or transport any dangerous drug, including
any and all species of opium poppy
regardless of the quantity and purity
involved, or shall act as a broker in any of
such transactions. 14
The penalty that may be charged
against the drug lords when a drug
laboratory is proven to exist in NBP is under
Section 8. Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals. - The penalty of life
imprisonment to death and a fine ranging
Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless
authorized by law, shall engage in the
manufacture of any dangerous drug.15
In addition to this, section 11.
Possession of Dangerous Drugs- states that
the penalty of life imprisonment to death
and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million
13

BuCor Operations Manual of 2000; Part IV;Chapter

1;Section 4 Prohibited Acts.
14
Article II;Unlawful Acts and Penalties; Section 5;RA
9165
15
Article II;Unlawful Acts and Penalties; Section 8;RA
9165

pesos (P10,000,000.00) shall be imposed

upon any person, who, unless authorized by
law, shall possess any dangerous drug in the
following quantities, regardless of the
degree of purity. 16Therefore, all of these
penalties may be charged to the inmates as
stated in the BuCor Manual under Part IV,
Chapter 2, Section 1 board of discipline;
composition. - The Director shall establish a
Board of discipline in each prison to hear
cases involving an inmate who violates
prison rules. It shall be presided over by the
Assistant Superintendent. The inmate
charged with the offense shall be allowed to
present evidence in the hearing and the
decision of the Board of Discipline shall be
subject to review and approval by the
Superintendent.17The
imposable
punishments are as follows: Caution or
reprimand; Cancellation of recreation,
education, entertainment and visiting
privileges; Deprivation of GCTA for a
specific period and Change of security status
to the next higher category e.g., from
medium to maximum.18 If the above
corrective measures prove to be ineffective,
an obstinate inmate may be punished by
confinement in a disciplinary cell from one
to two months depending upon the gravity
of the offense committed, as stated in
section 5, chapter 2 under Part IV of
discipline and punishment of inmates.19
Furthermore, committing these illegal acts
will aggravate their current charges in prison
thus increasing their time of imprisonment if
proven guilty beyond reasonable doubt.
Government Officials and Prison
Officers had long since been rumoured of
working with drug syndicates. Drug Lords
16

Article II;Unlawful Acts and Penalties; Section 11;RA

9165
17
Section 1. chapter 2, part IV board of discipline
composition;BuCor Operations Manual
18
Section 4. Chapter 2, part IV board of discipline
composition;BuCor Operations Manual
19
Section 5. Chapter 2, part IV board of discipline
composition;BuCor Operations Manual

bribe them with vast amounts of money in

return of protection and freedom to conduct
business.20 Among the officials that govern
the National penitentiary is the DOJ Justice
Secretary, followed by the Director of
corrections and the members of the custodial
force
which
are
the
following:
Superintendent, Assistant Superintendent,
Chief Overseer, Commander of the Guards,
Inspector of the Guard, Guard, Keeper, Yard
Guards, Gate Guards and Guards at the main
gate or outpost. Illegal contrabands would
have not been smuggled inside the NBP if
not one of the officials mentioned had been
corrupted. Though pinpointing the exact
Prison Official that participates in the illegal
drug trade would require a long and
thorough investigation, it still needs to be
done to make sure that those responsible are
removed from their positions and are
penalized according to the law. According to
Republic Act no. 9165, under Article II,
section 8. last paragraph, the penalty of
twelve (12) years and one (1) day to twenty
(20) years of imprisonment and a fine
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon
any
person,
who
acts
as
a
"protector/coddler" of any violator of the
provisions under this Section.21 Another
penalty imposable is Section 27. Criminal
Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure
to Account for the Confiscated, Seized
and/or Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory
Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act
20

21

JOEL M. SY EGCO, SENIOR REPORTER;Gov,

lawmakers in illegal drug
trade[http://www.manilatimes.net/gov-lawmakersin-illegal-drug-trade/243677/]; February 7, 2016
Section 8, Article II;RA 9165

Committed. The penalty of life

imprisonment to death and a fine ranging
from Five hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute
perpetual disqualification from any public
office, shall be imposed upon any public
officer or employee who misappropriates,
misapplies or fails to account for
confiscated, seized or surrendered dangerous
drugs, plant sources of dangerous drugs,
controlled
precursors
and
essential
chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds
or properties obtained from the unlawful
acts as provided for in this Act.Error:
Reference source not found Any elective
local or national official found to have
benefited from the proceeds of the
trafficking of dangerous drugs as prescribed
in this Act, or have received any financial or
material contributions or donations from
natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in
this Act, shall be removed from office and
perpetually disqualified from holding any
elective or appointive positions in the
government, its divisions, subdivisions, and
intermediaries,
including
governmentowned or controlled corporations.22
Republic Act No. 9165 or the
Comprehensive Dangerous Drugs Act of
2002 mandates the government to "pursue
an intensive and unrelenting campaign
against the trafficking and use of dangerous
drugs and other similar substances. Under
the law, government officials and employees
found guilty of the importation, sale,
manufacture, use, and/or possession of
dangerous drugs and similar substances shall
be permanently disqualified from holding
public office. Erring government officials or
22

REPUBLIC ACT NO. 9165 THE DANGEROUS

DRUGS ACT OF 1972, Article II Section 27

employees could be subjected to a maximum

penalty of life imprisonment and a fine of up
to P10 million.
The revised implementing rules and
regulations of republic act no. 10575,
otherwise known as The Bureau of
Corrections Act of 2013 is the policy of the
State to promote the general welfare and
safeguard the basic rights of every prisoner
incarcerated in our national penitentiary by
promoting and ensuring their reformation
and social reintegration, creating an
environment conducive to rehabilitation and
compliant with the United Nations Standard
Minimum Rules for Treatment of Prisoners
(UNSMRTP). It also recognizes the
responsibility of the State to strengthen
government capability aimed towards the
institutionalization of highly efficient and
competent correctional services.23 This is the
revision of RA 10575 which was approved
on May 23, 2016. The original act was
approved on May 24, 2013. The main
objective of the law is for the modernization,
professionalization and restructuring of the
Bureau of Corrections by upgrading its
facilities, increasing the number of its
personnel, upgrading the level of
qualifications of their personnel and
standardizing their base pay, retirement and
other benefits, making it at par with that of
the Bureau of Jail Management and
Penology (BJMP), and maximization of land
use development for the agencys
sustainability.24 In regards to the recent
news, the implementation of this act has
been poor since its approval by President
Aquino. There has been plenty of provisions
that was not properly implemented even to

this date. Imprisonment means that criminals

arrested is stopped from continuing their
illegal acts by serving their due time in
prison, which is not the case for high profile
drug lords. This violates the concept of
imprisonment. As stated in RA 10575, Rule
IV, Section IV(b): The complementary
component of safekeeping in custodial
function is security which ensures that
inmates are completely incapacitated from
further committing criminal acts, and have
been totally cut off from their criminal
networks (or contacts in the free society)
while serving sentence inside the premises
of the national penitentiary.25
PRISON GOVERNANCE IN NBP
According to Clark Jones who
studied Prison
Gangs
and
Prison
Governance in the Philippines, the New
Bilibid
Prisons
(NBP)
maximum
security compound is one of the largest
of its kind in the world. The main
problem of NBP is that the prison is severely
overcrowded thus making the inmate to
prison guard ratio high which means
monitoring inmates actions are extremely
difficult. Therefore, NBP is run under a
system of shared governance, whereby
BuCor splits the responsibility for
internal control with prison gang leaders.
The negative effect of overcrowding results
to limited quality and quantity of resources
given by the government thus forcing
inmates to rely on their gangs for support.
Much of the inmate power, or the basis
of power found in NBP gangs more
generally, is
generated from the
provision of resources. These resources
are often funded through
the sale

23

SEC. 2. Declaration of Policy; [REPUBLIC ACT

NO. 10575] AN ACT STRENGTHENING THE BUREAU
OF CORRECTIONS (BUCOR) AND PROVIDING
FUNDS THEREFOR; May 23, 2016
24

RULE II GENERAL PROVISIONS; REPUBLIC ACT

NO. 10575; May 23, 2016

25

Sec 4; RULE IV MANDATES OF THE BUREAU OF

CORRECTIONS AND TECHNICAL OFFICERS;
REPUBLIC ACT NO. 10575] AN ACT
STRENGTHENING THE BUREAU OF CORRECTIONS
(BUCOR) AND PROVIDING FUNDS THEREFOR; May
23, 2016

of contraband,
weapons.26

particularly

drugs

and

The maximum security compound

is divided into 12 gangs and a group of
inmates called the Querna, each gang has
a bosyo or leader and two or more
subordinate mayors who help in providing
order inside. When gangs fight each other it
is important that the violence does not affect
the operation of the whole prison, because if
the riot goes out of control, it can reach the
medias attention thus embarrassing the
BuCor and the Government. In order to
quickly regain control and, to reduce
the level of tension between the
conflicting inmates or gangs, careful
negotiation with the relevant bosyos is
carried out.Error: Reference source not
found To a casual observer, the maximum
security compound of NBP seems more
like a functioning and self sustaining
community than a high risk and
potentially
volatile
correctional
institution. It is not because no illegal acts
are being conducted, the truth is most of this
are hidden and some are being tolerated by
corrupt officials. Due to
limited
resources, the BuCor has come to
tolerate, and often ignore, the prison
gangs illicit activities under the proviso
that the gangs cooperate or at least give
an outward appearance of order and
compliance.
The major factor behind the
inmates reliance on gangs in NBP has
been the inconsistency in the way they
have been managed. This has stemmed
from the regular changeover of prison
officials within the BuCor. The removal
and replacement of each director has
been based on a range of reasons,
including a change in the Philippine
26

Prison Gangs and Prison Governance in the

Philippines ; Clarke Jones; Griffith Asia Quarterly Vol.
2, No. 1 (2014)

presidency to corruption allegations and

prison
scandals. Unless
significant
resources can be directed towards
drastically modernising NBPs archaic
facilities, significantly reducing the
inmate to prison guard ratio and
eliminating corruption, prison gangs will
retain their
functional importance to
inmates.Error: Reference source not found
PLANS OF THE DUTERTE
ADMINISTRATION FOR THE NBP
Since the election of President
Rodrigo Duterte, whose platform was deeply
rooted on a relentless war on drugs and
criminality, plenty of drug peddlers have
surrendered to the PNP or have been killed
during police operations. Drug syndicates
killing each other to prevent their names
from being included in the drug watchlist
was stated by the PNP Chief because of the
extra judicial killings. According to Justice
Secretary Aguirre, Dutertes first strike
against illegal drugs will be at the NBP. All
the prison guards, he said, will undergo a
retraining and taking their place will be the
polices elite, the Special Action Force, a
group formed along the lines of British
Army Special Air Service (SAS). Duterte,
during his latest press conference, threatened
to kill drug lords in the prison. He said the
convicts, at a right price, enjoy the company
of women, acquire illegal drugs and even
their own armory. He also said he would
provide bounties for both police and
civilians who can capture or kill drug
offenders.Error: Reference source not found
Based on pronouncements made by
President Duterte that convicted drug lords
Peter Co alias Wu Tuan, and Herbert
Colangco alias Ampang are still allegedly
directing drug trafficking operations while
serving time in the New Bilibid Prison in
Muntinlupa, Aguirre made a proposal to
move them into an island prison. In 2014,

10

the two drug lords were among those

discovered to be living in lavish
surroundings while behind bars. The police
inspection revealed that they still have
access to drug paraphernalia with the help of
some corrupt prison guards. To put an end to
this, Aguirre is considering moving them to
a faraway island with no cellular phone
signals. Aguirre believes that this is crucial
in order to block the drug lords efforts in
remotely calling the shots on drug
trafficking
operations.
Aguirre
is
considering either Caballo Island off Manila
Bay
or
an
unnamed
island
in
Palawan. Caballo Island is a rocky island
beside Corregidor. In 2014, Filipino
peacekeepers from Liberia were quarantined
there for 21 days due to fears of an Ebola
virus spread. The island is currently
occupied by the Philippine Navy and is offlimits to civilians. While the planned
maximum security prison is not yet
underway, Aguirre plans to move Co and
Colangco to nearby prisons. Possible sites
include one in Tanay, Rizal and the other is a
detention facility of the Intelligence Service
Armed Forces of the Philippines.27

CONCLUSION
The Philippine National Penitentiary
has been in its worst state for a long time.
27

Margaux Torres; Aguirre plans to move Chinese drug

lords to an island prison;[ https://kami.com.ph/24820-dojsaguirre-drug-lords-bilibid-ship-island-prison.html]; July 10,
2016

There are so many violations of the BuCor

Operations Manual, which shows how weak,
the administration of Aquino were in terms
of control over drug lords in NBP during his
term. To think that authorities arrest and
imprison drug lords and criminals so that
they can make more drugs is a farce and a
waste of effort. Inmates even say that it has
been easier for them to acquire drugs inside
compared outside. One of the good news is
that the late President Aquino had already
approved the transfer of the NBP and its
other facilities in Luzon to a P50-billion
correctional facility in Laur, Nueva Ecija,
with this plan, overcrowding can be
addressed and the modernization of the
national penitentiary can finally begin.28
Hopefully the Duterte administration will be
able to implement the BuCor modernization
law such as the standardization of the
personnels basic pay and the improvement
of facilities. The officers basic pay has been
the main target of drug lords since its
relatively low, giving them 1 Million pesos
each, is enough to make them cooperate.
Filipinos are so fed up on the
proliferation of crime, corruption, and drugs
suffocating the country. That is why Duterte,
having the symbol of the Iron Fist, was
voted by the people, hoping that he will
address all these problems with great
resolve. Now that he is sitting in the
Presidents chair, everyone is counting on
him. Every Filipino wants change and every
administration promised it, but none of them
stood up to their commitment. The war on
drugs is only just beginning and only one of
the battles, our

28

Noy OKs Bilibids transfer to Nueva Ecija[

http://www.philstar.com/metro/2016/04/15/1573075/
noy-oks-bilibids-transfer-nueva-ecija] April 15, 2016

11

new President is engaging on, there are

plenty more to come thats why the support
and cooperation of the Filipino people is
crucial for the success of the new
administration.