Guidance

Information pack for British nationals detained or imprisoned in the Philippines

Updated 6 February 2024

Chapter 1: Key points

Overview

If you are a British national and are arrested or detained in another country, consular staff will do what they can to help you, but they cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad.

This detention information pack is designed to give you, and your family and friends, information about the local system in Philippines and who can help. A printed copy is provided to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Embassy (and must do so if you want them to)
• even if they do not ask, you can make the request yourself, and should do so, particularly if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British Embassy or the Foreign, Commonwealth & Development Office (FCDO) in London at +44 (0)20 7008 1500

In some countries, the authorities might notify the British Embassy even if you don’t want anyone to know that you have been arrested. This is because there may be an agreement in place with the British Government which requires a mandatory notification to be made.

In the Philippines, British nationals have the right to consular notification when detained and/or arrested in the country under Article 36 of the Vienna Convention on Consular Relations (VCCR). This enables the Consular officers and British nationals to communicate with and have access to each other using the available mode of communications, e.g. email, telephone or official mobile in the jail or prison.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in London, and in British Embassies, High Commissions and Consulates overseas.

The British Embassy in Manila
120 Upper McKinley Road
McKinley Hill
Taguig City
Metro Manila
1634 Philippines
Telephone: +63 2 8858 2200

Contact us online.

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office at +44 (0) 20 7008 1500.

What we can do

The FCDO can offer you impartial and non-judgemental help. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions: our priority is to provide assistance to those British nationals overseas that need our help the most.

In the Philippines, notification by the authorities to the Embassy may vary depending on where in the Philippines the arrest or detention takes place. The police in Metro Manila are usually quick in informing the Embassy; the process may be slower for an arrest or detention outside Manila.

Once we are notified of your arrest and detention, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters
• provide general information about the Philippines, detention conditions, and the local legal system
• provide general information about the local prison system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by video calls. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families: https://www.prisonersabroad.org.uk
• in some circumstances, we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services aren’t available, we can also pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)

What we cannot do

• get you out of prison or detention
• help you get special treatment
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs as a result of being arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and can provide them with information about how to contact you in prison or detention. With your consent, we can also keep them updated on your well-being.

If you are not sure about informing your family, we can help you consider the impact that not doing so might have. For example, it may cause them distress if they do not know where you are or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances in which information about you may need to be shared by ourselves or authorities in the Philippines.

Legal assistance: lawyers

Although we cannot give legal advice, start legal proceedings, or investigate a crime, we can offer basic information about the local legal system, including whether a legal aid scheme is available. See list of lawyers - you will also find information on the kind of legal assistance available in the Philippines. You will want to consider the benefits of local legal representation and to discuss all the costs beforehand with the legal representative. In no circumstances can we pay your legal or interpretation costs.

Consular assistance: fair treatment

We cannot get you out of prison or detention, nor can we get special treatment for you because you are British. However, if you are not treated in line with internationally accepted standards, we will consider whether to approach local authorities. This may include if your trial does not follow internationally recognised standards for fair trial or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families. Family, friends or relatives in the UK may directly call their Freephone number on 0808 172 0098 or email [email protected] and can ask to speak with Prisoner and Family Support team for additional guidance and support.

Chapter 2: Detention conditions in the Philippines

Information in this Chapter is based on the conditions at the Bureau of Corrections - New Bilibid Prison (NBP) in Manila, where prisoners who have been sentenced to prison terms of more than three years are detained, and where the majority of the British Nationals in prison in the Philippines are held.

Visits: friends and family

Who can visit and how to arrange visits

Jails and prisons in the Philippines have a regular visit schedule and family and friends can contact the prison or detention centre directly to enquire about visiting times and procedures. Visitors must present their passport or any valid ID before entry to the prison is granted. If the visitor is a foreign national, they must obtain written approval from the Embassy before the visit. Visiting rules may vary in other locations, depending on different prison authorities. We can check with the prison authorities for the rules in the prison where you are detained. Visitors at NBP must coordinate with Inmate Visitation and Services Unit (IVSU) by phoning +63 2 8478 4777 or +63 2 8478 9888 local 133 for updated guidance on visiting rules and regulations, including what you can bring inside the prison. Turn to page 10 for more information on who may visit and some visiting rules.

What to expect when you visit

Visitors at the New Bilibid Prison (NBP) will be guided by the Inmate Visitation and Services Unit (IVSU) to the visiting area where they will be given waivers to sign indicating their willingness to undergo a strip search. Visits normally take place in a semi-open location and are done face to face, with no barriers between you and your visitor/s. Only immediate family are allowed in the visiting area with a maximum of 3 people visiting you at any one time, for 30 minutes. These visits usually strictly follow the schedule and there will always be jail officers nearby to ensure this.

Visits are carried out similarly in other prisons around the country.

What you can take on your visit

Visitors can bring food, drinks, books, magazines, bedclothes, clothing, and toiletries. These are all subject to inspection. Food items have weight limits (i.e., only 5 kilos of fruits, cooked food, etc.) and specific types of food are prohibited, including steamed food, “kakanin” or sweet sticky rice, watermelon, dragon fruit, lumpiang shanghai. Other items such as weapons, cigarettes, gadgets, and flammable objects are strictly prohibited.

Visits: consular staff

The frequency of consular visits will normally depend on your individual circumstances and where you are detained, but generally we aim to visit all British detainees in the Philippines in person every 3 months, regardless of where you are detained. We may be able to visit you more frequently depending on your circumstances and location, for example if you have serious health or welfare concerns. We will always try to let you and your family know in advance of any visits.

You can contact the Consular Officer responsible for your welfare either by telephone or by email if there are urgent issues you need to talk to us about outside our regular visit schedule. If it is urgent, it may be quicker to ask the prison authorities to contact us on your behalf.

Emergency trips outside of prison

If an urgent situation arises within the Philippines, for example the critical illness or death of a family member, consular staff can ask the prison authorities if it is possible for you to make a trip outside of prison. This will be decided on a case-to-case basis and there is no guarantee that approval will be given.

Police custody and initial arrival at prison

Arrival at the police station and basic rights

You may initially be detained in police holding cells. You will not be provided with food and water but are entitled to a small amount of money each day to buy these through the police guards.

If you have money, or have access to money from relatives or friends, you can buy food, drink, phone cards and other basic necessities with approval from the police. You are not normally allowed to use a mobile phone in the cell and phone calls are limited to domestic numbers. If you wish to contact anyone in the UK, the Embassy consular staff can assist you.

The following people can be detained at a police station or custodial centre:

• any person arrested due to the commission of a crime
• arrested suspects covered by a commitment order
• arrested suspects who are under custodial investigation

Interaction with the police will take place in English.

Legal rights of detainees

• right to be assisted by a lawyer of their choice at all times. If you cannot afford a lawyer, a public lawyer from the Public Attorney’s Office (PAO) may be appointed for you
• right to remain silent and right against self-incrimination. Any extrajudicial confession made by a person detained shall be in writing and signed in the presence of a lawyer
• right against torture, force, violence, threat, or intimidation
• right to visits and conferences
• right to consular notification (note: The Philippines is a party to the Vienna Convention on Consular Relations)

In addition, the police are mandated to ensure the observance of implementation of the following guidelines:

• lock up cells should be well-lighted and ventilated
• separate detention cells should be provided for male and female detainees
• detainees shall also be separated according to classification of crimes committed
• all detainees should have access to basic needs and necessities
• arrested persons should be subjected to medical examination prior to detention
• arrested people with serious injuries or diseases should not be detained and should be brought to the nearest hospital for medical check-up and treatment
• the health and well-being of detainees should be constantly monitored. Those suffering from illness should be given immediate medical attention, if possible
• arrested people should not be detained beyond the periods as provided by law, unless a criminal case has been filed and/or there are other lawful grounds to warrant further detention
  • the periods are: 12 hours for crimes or offences punishable by light penalties; 18 hours for crimes or offences punishable by correctional penalties; 36 hours for crimes or offences punishable by capital penalties)
• ensure and respect the absolute right of any person under custodial investigation to have immediate access to any form of communication available for him or her to inform his or her family, relative, friend, lawyer or any human rights organisation on his whereabouts and/or condition

Visiting a detainee

A person in detention has the right to be visited by any member of his immediate family including spouse, fiancé/fiancée, parent or child, sibling, grandparent or grandchild, aunt or uncle, niece or nephew, guardian or ward; or by counsel or by any NGO duly accredited by the Commission on Human Rights or by any other international nongovernmental organisation duly accredited by the Office of the President.

The Chief of Detention / Custodial Centre may limit the number of visitors per detainee depending on the space available at the visitor’s area. A detainee can also request to be visited by a consular staff if there is an urgent need for one outside of the quarterly visits being conducted.

Rules for visiting

Upon arrival in prison, you will be asked for information of your family who will be allowed to visit you. They will need to prove their relationship with you through IDs and official certificates (e.g. birth/marriage certificate). Only registered visitors/family members are allowed to visit. Cameras, videos, mobile phones and similar devices are not allowed inside the visiting area.

Families and relatives have a specified visiting time. Lawyers have the right to visit at any date/time subject to existing security rules and regulations of the detention/custodial centre.

Rules for foreign detainees

• notification rights (to Consulate): In cases where the arrested and detained individual is a foreign national, the Investigation-On-Case shall make formal communication to the Embassy concerned, the Bureau of Immigration, and other concerned government agencies (e.g. Anti-Money Laundering Council or the National Bureau of Investigation depending on the nature of the case)
• visitation rights (Consular officials)
• translators

Appearance at court

The detainee is taken to the court where the case is filed. Depending on the discretion of the judge, a detainee’s first court appearance could cover the following: (a) Motion for Bail, (b) Motion to Quash, or (c) Arraignment where the accused – detainee would be asked to enter a plea of guilty or not guilty after the reading of charges.

More information about the Philippines’ judicial system can be found in Chapter 3.

Detainees on remand, i.e. before their case is concluded, and people sentenced to less than three years imprisonment are detained in city or provincial jails. Each city in Metro Manila has its own city jail, while some rural jails are small establishments attached to the local police station. Jails are run by the Bureau of Jail Management and Penology (BJMP). Once your case is concluded, and if your sentence is greater than 3 years, you will be transferred to a prison run by the Bureau of Corrections (BuCor). Most British detainees in the Philippines are in New Bilibid Prison in Manila.

New arrivals at the prison are put in an isolation area. You will be searched and all belongings and documents will be inspected and handled carefully by prison authorities. All items will be listed in the prison’s logbook which functions as receipt for belongings that you will be allowed to bring with you. Anything prohibited (e.g. contraband) will be handed back to the escort accompanying you on arrival. There will be no receipt given for confiscated items.

For the first 14 days after you arrive in prison, you will be in isolation and will not be allowed to communicate with anyone as part of the prison protocol. Afterwards, you will be allowed to contact your family, lawyer, or the Embassy.

You will be scheduled for an interview with a doctor for a safety and health check. It will be the doctor’s decision whether any medication brought in upon arrival (e.g. insulin, etc.) will be permitted.

Clothing is provided by the prison, but you may also purchase your own clothing according to the prison’s requirements (e.g. orange shirt may be required). Some basic toiletries will also be provided, however these are very limited. Toiletries can be sent to you by family members, or by the Embassy during visits.

Prison: conditions and daily life

There is extensive information online which provides independent overviews about prison conditions in the Philippines.

Generally, the Philippines has very overcrowded detention and prison facilities, with poor sanitation and limited access to prison fresh food and water.

Accommodation

Prison conditions in the Philippines are very poor; jails are amongst the most overcrowded globally with dormitory style sleeping accommodation. The prison authorities do not provide beds, mattresses or toiletries for detainees. Conditions are very cramped, with inadequate water supply, sanitation and ventilation. The internal discipline in many jails is controlled by prison gangs. Detainees will have to pay for basic requirements such as a bed space in a crowded cell, a mattress and toiletries.

Food and diet

Food is extremely basic, usually consisting of 3 daily meals of rice and a small amount of protein (e.g., fish). There are mineral water refilling stations inside the camp, but prisoners may opt to buy clean bottled drinking water from the prison shop, as well as food.

There is a special menu for those with different religious beliefs, as well as those with specific food requirements due to health concerns, this will be asked during the initial check with the doctor upon arrival in prison.

Hygiene

Very basic communal bathing facilities are available. This varies by jail but can be as basic as a hosepipe or trough of water. You will need to buy your own toiletries through the prison shop.

Work and study

Work is non-compulsory but you may do this voluntarily. You will be paid around £2 per month to do work such as grass cutting, polishing/cleaning, etc. Working days are usually only 1-2 days per week.

Classes are offered for free, and you will have the opportunity to study for qualifications. Some tools are also provided (e.g., textbooks) however limited. Most classes are taught in English or can be taught in English especially when a foreign national is present.

Contact and languages

English is widely spoken in the Philippines. Sometimes foreigners are placed together in one cell, but this depends on the jail/prison you are in. In most cases you will be in mixed cells or dormitories.

It is possible to request local language (Tagalog) materials through the post from Prisoners Abroad, including language textbooks and dictionaries.

There is a strict schedule for telephone calls and only calls made to registered numbers are permitted. You are not allowed to own your own mobile telephone or other devices, although the reality is that many detainees either own, or have access to, a mobile telephone.

You can send letters to family and friends by post. You may also receive parcels containing items such as toiletries, writing paper, envelopes and dried food products. Detainees cannot receive parcels that contain anything of a sharp nature or anything which may be able to be used as a weapon. Please see page 14 for more information on Mail/Parcels.

The Prison authorities check all parcels for detainees and may disallow certain items at their own discretion.

Exercise

Except for those who are housed in a segregated maximum security dormitory, detainees have generous freedom of movement around the compound during the day, including being able to exercise. Some prisons have a basketball court. Those with access to funds can shop, build their own living quarters, have their own TV, etc.

Climate

The climate in the Philippines is hot and humid throughout the year, with a rainy season lasting several months.

Religion

You are entitled to take part in religious services of your choice. Detainees have the right to receive visits from a priest, rabbi, or minister of their faith. Some prisoners and staff are pastors and ministers themselves and are able to offer their services.

Rules and regulations (including drugs)

All rules and regulations are usually explained to prisoners upon arrival, through an orientation.

Some forms of sanction/punishment applied are isolation or placing a prisoner in a preventive cell for 60 days, for example, if one is caught with a contraband (e.g. being in possession of a mobile phone or drugs, etc.) or being involved in gang fights.

Drugs use is widespread within Philippine prisons.

The prison gangs present the biggest threat to your safety. You should also avoid running up any debts while in prison. Getting around the prison compound and having access to certain privileges will usually involve money. These are usually paid directly to other prisoners/gangs or to prison authorities.

Prison: access to help and services

Receiving money

There are two ways in which you may be able to receive financial assistance while in prison.

• Private Funds: deposited to you by your family or friends. See Annex on page 31 for instructions on how to send funds
• Prisoners Abroad: If your family can’t support you financially, you may apply for survival grants through the Craig Feehan Fund (CFF) to buy essentials such as food, water, clothing, bedding and toiletries. Please speak to your Consular officer if you are not sure if this applies to you

The British government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family.

The Foreign Commonwealth & Development Office (FCDO) operates a “Prison Comfort” system for money transfers to prisoners. Please ask your family to get in touch with the FCDO in order to arrange this.

We are unable to receive payment by credit or debit card, or by cash.

Prisoners Abroad

In addition, Prisoners Abroad, a UK charity, may be able to assist you with funding for prison essentials and some medical care if you are not in receipt of any regular donations from other sources. You will be eligible for one of the three Prisoners Abroad Funds: the Craig Feehan Fund, the Vitamin Fund and the Medical Fund. See Chapter 4 for more details.

Medical and dental treatment

The Philippines is responsible for ensuring your basic medical needs are met while you are in detention, but the provision for both medical and dental treatment in prison is very basic. There is a prison hospital and doctor at NBP and you should approach the hospital if you need medical treatment. You should also tell us so that we can follow up with the prison hospital. With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor and we can follow up to ensure requests are followed up on. We can also liaise with your GP in the UK, if the police or prison doctor requests previous medical records and this is in your vital interests.

Any medical treatment beyond the most basic of conditions may require an external appointment with a government or private hospital. This can take a long time to arrange – a court order may be needed. Tests or treatment in a government hospital will usually be free of charge, but you will be expected to pay for tests or treatment in a private hospital.

A limited range of prescription medication is available in the prison pharmacy and this is provided free of charge. You will be expected to pay for any medication that is not available in the pharmacy, and we can help you to try to arrange this.

There is very limited provision of psychiatric treatment in the prison hospital.

Mail/parcels

There is no limit to the number of parcels/mail that you are permitted to receive. Prison authorities will need to open and inspect these for any prohibited items. There is no need to pay for stamps.

The Embassy can accept parcels delivered through Prisoners Abroad on your behalf.

If a sender wishes to send you a parcel/mail directly, these should be addressed in the following manner:

• name of prisoner/detainee
• prison number
• prison name
• prison’s full address
• city and postal code

Making telephone calls

You are permitted to make telephone calls, but calls are monitored. You get approximately 5 minutes for calls and there is a systematic schedule for when you can make calls. You are only allowed to call registered visitors/family members’ numbers

You are not allowed to own your own mobile telephone or other devices, although the reality is that many detainees either own, or have access to a mobile telephone. If a detainee is caught with a mobile phone, the item will be confiscated and the detainee will be placed in a preventive cell for 60 days and the prison’s Investigation Section will be producing a spot report regarding the matter, which means the offense will be on the detainee’s record.

Complaining about mistreatment

If you have been mistreated, please inform us as soon as it is safe for you to do so. We will then do our best to visit you, either in person or virtually, to check on your welfare and to explore what has happened. With your permission, and where appropriate, we can approach the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, please try to see a doctor, obtain a medical report and, if possible, photos of the injuries you received.

Detainees can inform the jail warden or prison duty officers of any complaints they may have on police treatment. Subject to internal investigation, the warden can subject the erring official to internal discipline or, if the accusation is grave, the warden can file an administrative complaint before the Philippine National Police Internal Affairs Service.

The detainee can also inform their lawyer of any ill treatment. The lawyer must then file the necessary documents before the Commission on Human Rights or the Philippine National Police Internal Affairs Service to trigger investigation relating to the allegation. The accused has the right to demand for protection against all forms of intimidation or threats to their safety. Relevant government agencies who are mandated to investigate these complaints need to submit an investigation report 60 working days from the time a complaint is filed.

Chapter 3: the Philippines judicial system

Overview and first steps

The Philippines Criminal Justice System is composed of the Law Enforcement, Prosecution, Court, and Correctional System. Law enforcement effect the arrest of people who violated the law. The Prosecution considers the background to determine whether the person arrested for violating a law should be persecuted. The Court determines whether the person charged with a criminal offence is guilty or not.

The Philippines Law Enforcement System

The law enforcement consists mainly of the Philippine National Police and the National Bureau of Investigation.

The Prosecution

The investigation and prosecution of all cases involving violations of the penal laws are lodged with the Department of Justice (DoJ) through its National Prosecution Service. The DOJ is headed by the Secretary of Justice, under the executive branch of the government.

The prosecution process starts the moment a case is filed against a suspected criminal.

One a case is filed, a preliminary investigation will take place. The preliminary investigation is the stage at which the public prosecutor evaluates the findings of the police, or the submitted evidence of the private complainant/public officer. The purpose of the preliminary investigation is to determine whether there is sufficient ground to move the case to trial before courts on the basis that the accused is probably guilty of the alleged crime.

If the preliminary investigation results in the finding that crime has been committed and the suspect is probably guilty of the crime, the public prosecutor will file the corresponding information in the proper court which activates the judicial process.

The Philippines Court System

Judicial power in the Philippines is vested in the Supreme and the lower courts established by law. The current court system consists of the following structure:

1. First level courts: each city and municipality in the Philippines has its own trial court. There are four types of first level courts: The Metropolitan Trial Courts are the first level courts in Metro Manila. Municipal Trial Court in Cities refer to first level courts in cities outside Metro Manila. Municipal Trial Courts are first level courts that cover only one municipality, whereas Municipal Circuit Trial Courts cover multiple municipalities

2. Second level courts: these are more commonly known as Regional Trial Courts. The Philippines has 13 judicial regions consisting of Regions I to XII and NCR. There as many RTCs in each region as the law mandates.

3. Shari’a District and Circuit Courts: Shari’a District Courts are equivalent to second-level courts. These are established mainly in provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Shari’a Circuit Courts, on the other hand, are the counterpart of first level courts in Mindanao.

4. Sandiganbayan: this is the special graft court. Private individuals may be charged with government officials before the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act, or relevant provisions relating to graft and corruption in the Revised Penal Code.

5. Court of Appeals: the court of Appeals is the second highest tribunal in the country. It is composed of one presiding judge and 68 associate justices.

6. Court of Tax Appeals: this court is at the same level as the Court of Appeals, however its jurisdiction is limited to cases involving violations of the National Internal Revenue Code, the Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue and Bureau of Customs.

7. Supreme Court: the Supreme Court is composed of a chief justice and 14 associate justices who service until the age of 70. The court may sit en banc (all 15 justices sitting together) or in one of its three divisions composed of five members each.

International Law

The Philippines adheres to the provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners and UN Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules) and other international human rights instruments which define and guarantee the rights of inmates.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.

After arrest: what to expect

Most people are arrested by the Philippine National Police (PNP) and are first taken to a police station although some other organisations, such as the Bureau of Customs, Bureau of Immigration and National Bureau of Investigation also have powers of arrest and detention.

The arresting officer should:

• in conducting police operations, including arrests, police officers should be in complete police uniform with ID and name plate; led by a commissioned officer; and are on-board or using marked PNP vehicle
• the arresting officer has the responsibility to ensure that the accused / individual arrested is informed of their rights and the reason for their arrest. The arresting officer must make sure the arrested individual understands his rights
• in instances of arrests with warrant, the arresting officer must be ready to present the warrant of arrest to the individual being arrested
• in instances of warrantless arrests, the arresting officer must immediately bring the arrested individual to the proper police station. The police officer will ask if the accused wants to waive their right under the provisions of Art. 125 of the Revised Penal Code
• depending on the crime allegedly committed, the police officer must present the arrested individual to the Office of the Prosecutor for inquest proceedings and must file the information before a judge / court within the maximum time allowed by law (Note: 12-18-36 hour rule)
• immediately after arrest, the arrested individual should be subjected to a physical examination by a medico-legal officer or any government physician in the area

The PNP should alert the Embassy if you are arrested, and you are entitled to request a consular visit from the Embassy. Once a case has been entered in the Police Record Book (known as the “blotter”) the case must be referred to the City Prosecutor (known as the “Fiscal”), who will interview the arrested person, the arresting officers and complainant, and may also require the filing of affidavits and counter affidavits in order to determine whether or not probable cause to file a criminal case exists. Upon determination of probable cause, the Prosecutor shall file the appropriate information before the Trial Court Judge, and the judge, after examining the records, will issue the corresponding warrant of arrest. There is no specific time frame between arrest and sentencing.

Should you have any questions concerning the legal aspects of your arrest, contact your lawyer. See our list of local English-speaking lawyers.

Duration of remand in custody

The ordinary time limit of detention on remand is 60 to 90 days maximum. The court must conduct an arraignment hearing and pre-trial within 30 to 60 days from the date the court acquires jurisdiction over the person of the accused. The trial shall commence within 30 days from receipt of the court’s pre-trial order.

The time limit of detention without charge depends on the nature of the crime allegedly committed by the accused and its corresponding penalty. The following length of time are provided under the Rules of Criminal Procedure and the Revised Penal Code.

• 12 hours for crimes or offences punishable by light penalties
• 18 hours for crimes or offences punishable by correctional penalties
• 36 hours for crimes or offences punishable by capital penalties

The Constitution allows a maximum of 3 days of detention without charge.

Once a detainee has been sentenced, they will be immediately moved to a prison.

After being charged

Once charged, you will be informed of your rights and will be allowed access to a lawyer. Charges in the Philippines are normally delivered in English and therefore an interpreter will not be necessary.

If the detainee believes the charges are incorrect, the court will give them time to dispute them and they will also be expected to enter a plea when they are formally charged.

First hearing

The detainee is taken to the court where the case is filed. Depending on the discretion of the judge, a detainee’s first court appearance could cover the following: (a) Motion for Bail, (b) Motion to Quash, or (c) Arraignment where the accused – detainee would be asked to enter a plea of guilty or not guilty after the reading of charges.

Procedurally, criminal cases are filed by the Prosecutor for trial at either the first level or second level courts. Where the case is filed is dependent on the following factors: (a) where the crime was committed; (b) what law was violated (an ordinance, the Revised Penal Code, or a Special Law); (c) what the imposable penalty for the alleged crime is.

Generally, violations of city or municipal ordinances and crimes with imposable penalties not exceeding six years are filed in first level courts. The process of appeal goes from first level to second level to Court of Appeals or Court of Tax Appeals then to the Supreme Court. A judgment is considered final and executory when a case passes through all stages of appeal all the way to the Supreme Court.

Legal representation

Before arraignment (reading of charges), the Court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed the counsel of choice, the court must assign a counsel de officio (court appointed lawyer or the public defender from the Public Attorney’s Office) to defend him.

The detainee, through their lawyer, may raise any issues related to their detention (e.g. torture, mistreatment, due process failings) as a manifestation or motion before the Court.

Bail

the accused may file for bail even before the arraignment hearing. Once the accused receives a warrant of arrest, the accused may file an Urgent Motion for Bail to defer staying in prison.

Bail is a matter of right for all detainees, local or foreign nationals (a) before or after conviction by first level courts and (b) before conviction by the second level court for offences which are not punishable by death, reclusion perpetua, or life imprisonment.

Bail is subject to the discretion of the court (a) after conviction by the second level court for offences which are not punishable by death, reclusion perpetua, or life imprisonment.

Bail cannot be granted when the evidence of guilt is strong against a person charged with an offence that is punishable by death penalty, reclusion perpetua or life imprisonment.

All kinds of bail are subject to the following conditions:

• the bail shall be effective upon approval and remain in force at all stages of the case until the promulgation of judgment of the Regional Trial Court, unless sooner cancelled
• the accused shall appear before the proper court whenever required by the Court or the Rules of Criminal Procedure
• the failure of the accused to appear at trial without justification despite due notice to him or his bondsman shall be deemed an express waiver of his right to be present on the date specified in the notice. In such case, the trial may proceed in absentia
• the bondsman shall surrender the accused to the court for execution of final judgment / sentencing
• the original papers shall state the full name and address of the accused, the amount of bail and these conditions. Photographs in passport size taken recently, showing the face (left and right profiles) of the accused must be attached to the accused’s documents

Breach of a bail condition – in this case, failure of the accused to appear at trial or when summoned by the Court without justification – will be deemed an express waiver of his right to be present on the date specified in the notice. In this case, the trial will proceed in absentia. In addition, an accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending.

The FCDO is not able to facilitate the transfer of bail funds.

Jurisdiction for multiple offences

If an individual is charged with multiple offences arising from separate criminal acts, then each offence will be filed on separate courts, depending on whichever has jurisdiction as determined by law. Jurisdiction of a court over a case is dependent on the following factors: (a) where the crime was committed; (b) what law was violated (an ordinance, the Revised Penal Code, or a Special Law); (c) what the imposable penalty for the alleged crime is.

If the offences charged are interrelated and are arising from a single act, event, or transaction with similar issues and depending largely on the same evidence, a consolidation of trials in one court may be allowed.

Trial and legal assistance

Types of legal assistance available

If you wish to hire a private lawyer, see a list of English-speaking lawyers. Prisoners Abroad can also supply information on legal aid, court proceedings and can advise on appointing a lawyer.

You can expect private lawyers to bill you for your initial consultation. While some private lawyers offer free consultation, others charge initial consultation fees. There is no standard practice in the Philippines so the best thing to do before going for a consultation is to call them directly before making the appointment. Also, bear in mind that, generally, professional fees are subject to negotiation. You can even try to negotiate terms of payment, if this is possible.

Other costs such as filing fees, travel expenses, printing etc., are to be paid by you.

You also have the option to approach the following agencies for legal aid:

Public lawyers

Public Attorney’s Office – Executive Department
c/o Head Assistant
Address: PAO 5th DOJ Agencies Building, NIA Road corner East Avenue, Quezon City
Landline: +63 2 8929 9436 local 106/107
Email: [email protected]

Public Attorney’s Office – Muntinlupa District Office
c/o District Public Attorney
Address: Public Attorney’s Office, Muntinlupa District Office, Muntinlupa Hall of Justice, Tunasan, Muntinlupa City
Landline: +63 2 8478 4265
Email: [email protected]

Public Attorney’s Office – Taguig District Office
c/o District Public Attorney
Address: Public Attorney’s Office, Taguig District Office, DPWH Compound, Hall of Justice, Gen. Santos Avenue, Upper Bicutan, Taguig City
Landline: +63 2 8837 6490
Email: [email protected]

(For private lawyers) Integrated Bar of the Philippines – Legal Aid
c/o National Center for Legal Aid Director
Address: IBP Building 4th Floor, Doña Julio Vargas Avenue, Ortigas Center, Pasig City Landline: +63 2 8631 3013
Email: [email protected]

Integrated Bar of the Philippines – Pasay, Parañaque, Las Piñas, Muntinlupa Chapter
c/o President, Integrated Bar of the Philippines, PPLM Chapter
Address: IBP Office 8th Floor, Legislative Building, Parañaque City Hall, San Antonio Valley 1, Parañaque City
Landline: +63 2 8255 6069, Mobile: +63 921 763 6129
Email: [email protected]

Integrated Bar of the Philippines – Rizal Chapter (covering Taguig City)
c/o President, Integrated Bar of the Philippines, Rizal Chapter
Address: IBP Building 4th Floor, Doña Julio Vargas Avenue, Ortigas Center, Pasig City Landline: +63 2 8631 0146
Email: [email protected]

Trial

The following precedes the trial proper: Arraignment (Reading of the Information / Charges), plea of guilty or not guilty of the accused, and pre-trial. The trial will usually commence within 30 days from receipt of the pre-trial order. As a rule, once commenced, the trial shall continue from day to day as far as practicable until it is concluded. To ensure the speedy disposition of cases, the Rules of Criminal Procedure mandates the total trial period to not exceed 180 days excluding allowable delays (see: Exclusions, discussed above).

Despite this, cases can take several months, or even years in some cases, to be concluded. The trial proceeds in the following order:

1. The prosecution shall present its evidence first to prove the criminal charge and the civil liability of the accused.

2. The accused will then present his evidence to prove his defence and the damages he sustained, if any, from the case.

3. The prosecution may present its rebuttal evidence unless the court allows it to present additional evidence bearing the main issue.

4. The accused may present sur-rebuttal evidence unless the court allows him to present additional evidence on the main issue.

5. Upon submission of the evidence of the parties, the case shall be deemed submitted for decision, unless the Court directs them to argue orally or to submit written memoranda.

In general, there are no opening and closing submissions in the Philippines. Instead, parties are required to submit their respective written memoranda to aid the court in resolving the case. A written memoranda includes a summary of the proceedings, testimonial, documentary, and object evidence presented, and the party’s factual and legal arguments.

Courts shall, within ten (10) days from the receipt of the parties’ memorandum or draft decision, set the case for oral arguments in case of alternate or regular face-to-face trial of issues. In instances of simple face-to-face trial of issues, the parties shall present their oral arguments after the examination of all the witnesses.

Interpreters for foreign defendants

Court proceedings are conducted in English. If you wish to appoint a particular interpreter you will need to pay for this.

Sentences

There are 6 local terms for prison sentences:

• Arresto Menor – a prison term from 1 day to 30 days
• Arresto Mayor – a prison term from 1 month and 1 day to 6 months
• Prision Correctional – a prison term 6 months and 1 day to 6 years
• Prision Mayor – a prison term from 6 years and 1 day to 12 years
• Reclusion Temporal – a prison term from 12 years and 1 day to 20 years
• Reclusion Perpetua – a prison term from 20 years and 1 day to 40 years

Summary deportation proceedings shall apply when the foreign national is:

• overstaying found by virtue of a complaint or mission order: an overstaying foreigner is one with an expired visa
• undocumented: an undocumented foreign national is one who does not have a validly issued passport/travel document or with a cancelled or expired passport
• a fugitive from justice: this refers to a foreign national who has been tagged as such by the authorized personnel of a foreign embassy or by the International Police or whose passport was cancelled by his embassy/consulate
• has fully served the sentence in a crime which carries with it the penalty of deportation after service of sentence
• has fully served the sentence of a crime mentioned in Section 37 (a) (3) or Section 37(a)(10) of the Philippine Immigration Act. Section 37 (a) (3) refers to a crime involving moral turpitude with imprisonment of more than 1 year while Section 37(a)(10) pertains to failure to register with the Bureau of Immigration

A summary deportation order shall be final and immediately executory upon signing/approval of the Bureau of Immigration, returning them to their home country. The foreign national shall be included in the Bureau of Immigration Blacklist and shall be barred from re-entering the Philippines.

Appeals

The following forms of appeal are available:

• motion for reconsideration of the judgment: a reconsideration of the judgment shall be granted on any of the following grounds: Errors of law or errors of fact which require no further proceedings. (Deadline: 15 days after promulgation of judgment)
• an appeal must be taken within 15 days from promulgation of judgment or from notice of the final appealed from. The appeal may be taken as follows:
  • to the Second Level Court (Regional Trial Court) in cases decided by the First Level Courts
  • to the Court of Appeals or to the Supreme Court in cases decided by the Second Level Courts
  • to the Supreme Court in cases decided by the Court of Appeals

At each level of appeal, at least one Motion for Reconsideration may be filed before moving the appeal up to a higher court.

The Court of Appeals is mandated not to reverse or modify a judgment except it finds, after an examination of the record and the evidence that error has been committed which injuriously affects the substantial rights of the appellant.

In addition, an accused may still be subsequently charged with an offence which necessarily includes the offence charged in the earlier complaint despite a previous conviction. This is called the Doctrine of Supervening Event. It applies when:

(a) The graver offence developed due to supervening facts arising from the same act or omission constituting the former charge

(b) The facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information

(c) The plea of guilty to the lesser offence was made without the consent of the prosecutor and the offended party

Reaching the end of your sentence

Provision for reduction of sentence

Good Conduct Time Allowance (GCTA): is a reduction of sentence afforded to both detention and convicted prisoners in consideration of good conduct.

The allowances are:

• first two years of imprisonment: 20 days for each month of good behaviour
• 3rd to 5th year: 23 days for each month of good behaviour
• 6th to 10th year: 25 days for each month of good behaviour
• 11th year and above: 30 days for each month of good behaviour

Time allowance for study, teaching and mentoring: this is equivalent to a deduction of a maximum of 15 days for every month of study or mentoring services.

Inmates who display good behaviour and have no record of breach of discipline or violation of prison rules and regulations may be eligible for GCTA.

Recidivists, habitual delinquents, escapees, persons charged with heinous crimes are not entitled to GCTA.

Provision for parole

Parole is the conditional release of a prisoner from a correctional institution after serving the minimum period of prison sentence.

Generally, those sentenced to a term of imprisonment of one (1) year or less, or to a straight penalty, or to a prison sentence without a minimum term of imprisonment cannot be granted parole.

Only those that the Board of Pardons and Parole, an agency under the Office of the Secretary of Justice, finds that there is reasonable probability that, if released, the prisoner will be law-abiding and that the release will not be incompatible with the interest and welfare of the society, may be granted parole.

The parolee shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the maximum period of his sentence if any of the conditions of parole is violated.

Clemency or pardon

Executive Clemency refers to the commutation of sentence, conditional pardon, and absolute pardon that may be granted by the President upon recommendation of the Board of Pardons and parole. A prisoner released on parole or pardon is placed under the supervision of the Board.

Commutation of sentence is the reduction of the period of a prison sentence. A prisoner may file with the Board of Pardon. The Board will review the petition if the following minimum prisoner has served: (a) At least 1/3 of the definite or aggregate prison terms; (b) At least ½ of the minimum of indeterminate or aggregate minimum of indeterminate prison terms; (c) at least 10 years for inmates sentenced to reclusion perpetua or life imprisonment; (d) at least 13 years for inmates whose indeterminate sentence were adjusted to a definite prison term of 40 years; (e) at least fifteen years for inmates convicted of heinous crimes and sentenced to Reclusion Perpetual or life imprisonment; (f) at least 18 years for inmates sentenced to life imprisonment under the Dangerous Drugs Act, kidnapping for ransom, terrorism, plunder, or transnational crimes; (g) at least 20 years for inmate sentenced to two counts of reclusion perpetual or life imprisonment even if their sentences were adjusted to 40 years maximum; (h) At least 25 years for inmates originally sentenced to death penalty.

Conditional pardon is the conditional exemption of a guilty offender for the punishment imposed by court. A prisoner who has served at least ½ of the maximum of the original indeterminate and/or definite prison term may file a petition for conditional pardon.

Absolute pardon is the total extinction of criminal liability of the individual to whom it is granted without any condition whatsoever resulting to the full restoration of his civil rights. One may file for absolute pardon if the maximum sentence is served.

All petitions for executive clemency or parole shall be submitted to the Board of Pardons and Parole.

The petition shall be accompanied by:

• affidavit of at least two responsible members of the community where the petitioner resides
• clearances from the National Bureau of Investigation, Philippine National Police, Prosecutors Office, first level and second level courts where the petitioner resides
• proof of payment of indemnity and/fine or certification from the City/Municipal Treasurer or Probation and Parole Officer of his financial conditions
• proof of service of sentence or certificate of Final Release and Discharge or court’s termination order of probation

The petition for pardon is reviewed by the Board of Pardons and Parole. A petition for Executive Clemency is referred to the Secretary of National Defence and the Commission on Elections for comment and favourable recommendation. For foreign nationals, the petition will be referred to the Department of Foreign Affairs for comment and recommendation.

Financial penalties

Fines are imposed on certain crimes.

Prison transfer within The Philippines

Transfer to another prison in The Philippines is not possible.

Transfer to prison in the UK

There is no Prison Transfer Agreement between the UK and the Philippines.

Release and deportation

The Bureau of Immigration is the local authority that administers deportation of foreign nationals. Upon release from prison, a detainee is transferred from prison to the Immigration Detention Centre. You will need to pay for your own deportation costs and will support you through the deportation process, which can take several months.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Possibly you have never lived in the UK and have no connections there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad you can visit Prisoners Abroad when you first arrive back in UK for advice, to take a shower, use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance it is best to write and tell your caseworker when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are The Salvation Army – UK Helpline 020 7367 4888, Monday to Friday 8 am to 4 pm, or contact your local Salvation Army branch – and The Prison Fellowship, UK Helpline 020 7799 2500, Monday to Friday 9 am to 5 pm.

Criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is therefore possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH
UK

Telephone: 00 44 (0)20 7561 6820 or, for your relatives in the UK, Freephone: 0808 172 0098 (Mondays and Tuesdays 9.30 AM to 6 PM, and Wednesdays to Fridays 9:30 AM to 4:30 PM, UK time).

Email: [email protected]

Website: https://www.prisonersabroad.org.uk