An Executive Order (EO) issued by President Ferdinand Marcos Jr. may be sufficient to transfer the Bureau of Jail Management and Penology (BJMP) from the Department of the Interior and Local Government (DILG) to the Department of Justice (DOJ), Senator Francis Pangilinan suggested on Thursday.
Speaking during the DOJ’s 2027 budget hearing, Pangilinan proposed the administrative shift as a practical pathway toward establishing a unified national prison and correctional system. He cited a past precedent under the administration of former President Benigno Aquino III, when agencies including the National Food Administration, the National Irrigation Administration, the Fertilizer and Pesticide Authority, and the Philippine Coconut Authority were reallocated from the Department of Agriculture to the Office of the President via executive action.
“So, an executive order can now transfer the BJMP from the DILG unless there is a law, but I don’t think so. The law is the Administrative Code, correct?” Pangilinan said.
DOJ Undersecretary Deo Marco confirmed that the agency is weighing both legislative and executive options to accomplish the transfer. He noted that the DOJ has established a technical working group alongside the DILG—which currently exercises control over the BJMP—to finalize the proposal.
“At first we are looking at two ways to do it. First one would be through legislation. But during the study, we figured out that this was done through an executive order. The only law that could probably be, maybe a problem for this would be the Local Government Code because the provincial jails, according to the Local Government Code, belongs to the provincial (government). That’s the only problem,” Marco explained, adding that the draft EO is expected to be finalized by the end of the month.
The potential obstacle involves Section 17 of the Local Government Code, which states that local government units shall endeavor to be self-reliant and provide provincial buildings and jails. However, Pangilinan countered that the provision’s phrasing indicates local management of provincial facilities is non-exclusive.
“So, you can have an executive order that will transfer BJMP to the DOJ…In other words, it does not say that the LGUs have primary responsibility for the jails,” Pangilinan added.
Justice Secretary Frederick Vida noted that the previous organizational shifts cited by Pangilinan could serve as a “roadmap” for the transition. Senator Panfilo Lacson also pointed to the Government Reorganization Act, which empowers the President to restructure executive offices, as another legal basis for the department to explore.
The proposal follows a recommendation from Interior Secretary Jonvic Remulla during a House budget hearing last month. Remulla advocated for consolidating detention administration under the DOJ to eliminate record-keeping discrepancies between agencies that frequently cause delays in releasing persons deprived of liberty (PDLs).