ON ORGANIZING REGIONAL PENAL INSTITUTIONS WITHOUT USING GOVERNMENT FUNDS
- The President issued EO 79, s. 2012 regulating the exploration of lands for mining purposes.
- Several Presidential Proclamations likewise were issued purposely to transfer NBP to another site. Accordingly, funds derived from sale of NBP estate will be used for development of new prisons.
- Notwithstanding readiness of all government agencies involved in the transfer program, the issue of funding is a recurring challenge to overcome.
- Even granting for the sake of argument that funding can be sourced through PPP procedures, the problem of acceptability of site is the usual obstacle to be resolved. Even if it is to be situated within a military reservation, still, political consideration must have to be reckoned.
- Since mining activities can be found in almost all regions of the country, and every mining area has vast tracts of land contracted for the purpose, mining companies can be encouraged to build penal establishments within their respective areas.
- Hereunder are beneficial considerations:
- A Memo of Agreement (MOA) will have to be forged.
- The MOA spells out the responsibilities of both parties: the Bureau of Corrections on one hand and the Mining Company on the other hand.
- The Mining Company builds a penal institution within its vast tract of land.
- The Bureau of Corrections declares the facility as a regional prison.
- As to be agreed upon, prisoners will be conscripted in a mining training program (where prisoners will be trained as mining workers)
- The production share of the regional prison shall be treated as an amortization to the building of the penal establishment. Note that government has not spent anything in the process.
- The production profit share of the Mining Company is submitted to the Bureau of Corrections as government revenue. Said revenue to government may be treated as additional fund for its rehabilitation/ reformation projects or submitted to proper government agency as appropriation to be paid to prison workers.
- More so, there are no political complications from the host area since the Mining Company sustains the local government programs through its taxes.
- In other words, government can build regional prisons without spending government fund, and prison operation including administrative concerns can be sustained by the productivity of the mining activity.
- Furthermore, there is no need to sell the NBP estate since the agency can expand at no cost at all.