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MEMORANDUM CIRCULAR
No. _______
POLICY ON PREGNANT INMATES AND THEIR INFANTS POLICY ON PREGNANT INMATES AND THEIR INFANTS
I. REFERENCES
1. Universal Declaration of Human Rights;
2. United Nations Standard Minimum Rules for the Treatment of
risoners;
!. 1"#$ hili%%ine &onstitution;
'. Re%u(lic )ct no. $'!# * +)n )ct De,ning &ertain Rights of erson
)rrested- Detained or Under &ustodial .nvestigation as /ell as the Duties
of the )rresting- Detaining and .nvestigating 01cers- and roviding
enalties for 2iolations Thereof3;
4. Rules and Regulations .m%lementing Re%u(lic )ct no. "252- other/ise
6no/n as the +)nti*2iolence against 7omen and their &hildren )ct of
288'3;
5. Re%u(lic )ct No. 1882# * )n )ct 9:%anding the romotion of
;reastfeeding- )mending for the ur%ose Re%u(lic )ct no. $588-
other/ise 6no/n as +)n )ct roviding .ncentives to )ll <overnment
)nd rivate Health .nstitutions /ith Rooming*.n and ;reast*=eeding
ractices and for other %ur%oses;
$. ;>M Manual Revised 288$;
#. ;ureau of &orrections Manual of 0%erations;
". )fter )ctivit? Re%ort of >@SSUT )M9A.) 2 T)A9NT0- TA9- Director for
.nmates 7elfare and Develo%ment reB National Summit on =amil?
&ourt;
18. osition Statement dated )ugust 18- 288" of the )merican
&orrectional Health Services )ssociation on the Use of Shac6les on
regnant .nmates;
11. Memorandum &ircular no. 288#*81 dated 12 March 288# reB
Revised Standards on =ood Service Management; and
12. Memorandum dated 18 Novem(er 288! reB olic? on regnant
.nmates.
II. BACKGROUND/RATIONALE
The ;ureau of >ail Management and enolog? C;>MD envisions itself as a
d?namic institution highl? regarded for its sustained safe6ee%ing and
develo%ment of inmates. 0ne of its core values that guide its %ersonnel
is the %romotion of the rights of its inmates- es%eciall? /omen /ith
s%ecial needs.
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0ver the ?ears- the ;ureauEs female inmates have increased nation/ide.
)s such- the necessit? to (ring more clarit? to considerations /hich
should a%%l? to the treatment of female inmates has acFuired
im%ortance and urgenc?. )lthough eGorts have (een made to su%%ort
their needs and defend their rights in the %ast- there are still issues and
concerns that need to (e addressed.
.n the National Summit on =amil? &ourts held on 12 March 2818 at the
Manila Hotel- the attention of ;>M /as called on several issues. )mong
others are the lac6 of clear %olic? on %regnant inmates and custod? of
the ne/(orn.
Section '4- Rule 2.. of the .m%lementing Rules and Regulations C.RRD of
R) "252 states that +.n all cases- the rights of %ersons arrested-
investigated or detained as %rovided (? the hili%%ine &onstitution and
under R) $'!# shall- at all times- (e res%ected.3
)rticle 24 C2D of the Universal Declaration of Human Rights states that
+Motherhood and childhood are entitled to s%ecial care and assistance.
)ll children- /hether (orn in or out of /edloc6- shall enHo? the same
social %rotection.3 .n addition- The UN Standard Minimum Rules for the
Treatment of risoners %rovides %regnant inmates to (e given s%ecial
accommodation- care and treatment.
.n %ursuit of its mandate and to address the a(ove concerns- the ;ureau
must esta(lish a clear %olic? and set of guidelines.
III. PURPOSE AND SCOPE
This &ircular aims to %rovide a %olic? on the treatment of %regnant
inmates- inmates that Hust gave (irth and guidelines on the handling of
their infant /hile detained in Hail.
The sco%e of this %olic? is limited onl? on the follo/ingB C1D %regnant
inmates under the custod? of the ;>M; C2D inmates that Hust gave (irth;
and C!D infants /hose mothers /ere detained under a ;>M Hail. )n
infant shall mean a child /ithin Iero C8D to t/elve C12D months of age.
This %olic? also does not- in an? /a?- encourage female inmates to (e
%regnant (ut as a matter of treating these inmates /ho are or (ecame
%regnant /hile under detention or have Hust gave (irth %rior to their
incarceration. )n inmate that is not %regnant %rior to incarceration shall
(e encouraged to remain not %regnant /hile detained in Hail to avoid
health and securit? com%lications.

IV. POLICIES AND GUIDELINES
1. )s a general %olic?- dormitories and rooms used for accommodation
of female inmates shall- as much as %ossi(le- have facilities and
materials reFuired to meet their s%eci,c h?giene needs- including- at
least- a regular su%%l? of /ater to (e made availa(le for the %ersonal
care. These dormitories or rooms must not (e used for %ersonal gain
of the %ersonnel assigned in Hails.
2. )ll female inmates shall undergo %regnanc? test to (e done (? the
Hail administration %rior to classi,cation and segregation. .f found
%regnant- the? shall (e %laced in a se%arate room@cell designated
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e:clusivel? for %regnant /omen- nursing mothers and infants. .t shall
(e secluded from other inmates and visitors.
!. regnant /omen shall (e given %riorit? or s%ecial accommodation
over ordinar? female inmates. Ho/ever- the giving of %riorit? or
s%ecial accommodation must not (e a(used (? %regnant inmate or
nursing mother inside the Hail.
'. Disci%linar? segregation shall not (e a%%lied to %regnant /omen-
(reastfeeding mothers and /omen /ith infants in Hail.
4. regnant or nursing female inmates shall receive advice on their diet
under a %rogram to (e dra/n u% and monitored (? the Hail dietician.
)%%ro%riate food- su(Hect to the a%%roved meal (udget for inmates-
must (e %rovided for (a(ies and (reast*feeding mothers (? the Hail
administration.
5. Regular chec6*u%s of %regnant inmates in a government hos%ital shall
(e authoriIed in the a(sence of an assigned roving %h?sician and
%rovided a court order is secured for the %ur%ose. ) Memorandum of
)greement CM0)D (et/een the ;>M unit and the government
hos%ital for regular chec6*u%s of %regnant inmates shall (e
accom%lished. The M0) must- as much as %ossi(le- sti%ulate the
o(ligation of the hos%ital to conduct chec6*u% in Hail rather than
outside unless im%ractica(le.
$. The medical and nutritional needs of female inmates /ho have
recentl? given (irth- (ut /hose (a(ies are not /ith them in Hail- shall
(e included in the treatment %rogram.
#. )s much as %ossi(le- no %regnant inmate shall deliver a (a(? inside
the Hail. The Hail administration must ma6e all the necessar?
%re%arations so that %regnant inmate shall give (irth- %refera(l?- in a
government hos%ital. The %re%aration shall include the o(taining of a
court order and the regular monitoring of the %regnant inmate to
%revent giving (irth in Hail. .f- ho/ever- the %regnant inmate chooses
to have her deliver? in a %rivate hos%ital- a court order for the
%ur%ose should (e secured. .t shall indicate- among others- that all
e:%enses for the deliver? in the %rivate hos%ital shall (e (orne (? the
%regnant inmate or her famil?. The hos%ital of choice should (e
logisticall? feasi(le.
". .n case of inevita(le and unforeseen situation and it is imminent that
the %regnant inmate /ill give (irth ver? soon /ithout a court order
(eing issued- she ma? (e (rought to the hos%ital.
18. .n all cases- the court shall (e noti,ed /ithin t/ent?*four C2'D
hours from con,nement /hether %rivate or government hos%ital.
11. .n e:treme cases that a %regnant inmate cannot (e (rought to a
hos%ital- she /ill (e attended (? the dut? nurse or an?
mid/ife@medical %ractitioner availa(le.
12. 7hile it is understood that securit? is vital in the oG*site
trans%ortation of an? incarcerated individual- the %regnant inmateEs
individual health as /ell as incarceration histor? shall (e considered
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in the decision to utiliIe instruments of restraint during trans%ort as a
%recaution against esca%e or to %revent an inmate from inHuring
herself or other %eo%le or damaging %ro%ert?. .nmates in the third
trimester of %regnanc? shall (e handcuGed in the front for safet?
reasons if the? must (e restrained.
1!. To ensure that health and lives of the mother and un(orn child
are not com%romised- instruments of restraint shall (e removed for
%regnant inmates during la(or and deliver? and immediatel? after
the? have given (irth- %rovided reasona(le measures have (een
underta6en to secure safet? of detainee- %revent their esca%e and
ensure %u(lic safet?.
1'. )n infant (orn /hile the mother is detained in Hail ma? (e
allo/ed to sta? /ith the mother for a %eriod not e:ceeding one C1D
month (ut ma? (e e:tended (? the 7arden (ased on a /ritten
medical recommendation of the Hail nurse or a Fuali,ed medical
%ersonnel and the (est interests of the child /ithin the sco%e of
relevant domestic la/s. Thereafter- the child /ill (e sent to her o/n
home or to the custod? of her hus(and or relatives. .f- ho/ever- an?
of these o%tions fails- the 7arden shall ma6e arrangements /ith the
De%artment of Social 7elfare and Develo%ment CDS7DD or an? other
social /elfare agenc? for the infantEs care.
14. The removal of the child from Hail shall (e underta6en /ith
sensitivit?- %ro%er documentation and onl? /hen adeFuate
alternative care arrangements for the child have (een identi,ed.
15. )n infant /hich /as alread? removed from Hail ma? (e (rought to
its detained mother in the succeeding da?s. The? shall sta? in the
s%ecial designated room and the infantEs sta? must (e /ithin the
visiting hours onl?.
1$. &hildren of female inmates that are classi,ed as infants shall (e
accorded /ith the same treatment as infants /ho /ere (orn (?
female inmates /hile detained in Hail.
1#. regnant inmates and those /ho have recentl? given (irth /ill (e
%rovided /ith medical services that the Hail can oGer at its in,rmar?.
) nurse or a medical %ractioner in a Hail ma? %rovide some health
advices to ensure that female inmate and her (a(? /ill (oth (e
health?.
1". The ;>M shall e:ert eGorts to construct se%arate rooms@cells to
accom%lish the o(Hectives of Section 2- )rticle .2 of the %olic?.
V. SEPARABILITY CLAUSE
.n the event that an? %rovision or %art of the %olic? (e declared
unauthoriIed or rendered invalid (? a com%etent authorit?- those
%rovisions not aGected (? such declaration shall remain valid and
eGective.
VI. REPEALING CLAUSE
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)ll other e:isting issuances /hich are inconsistent /ith this %olic? are
here(? rescinded or modi,ed accordingl?.
VII. EFFECTIVITY
This %olic? shall ta6e eGect immediatel?.
ROSENDO M DIAL,
CESO III
>ail Director CDS&D
&hief- ;>M
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