Holy Cross College

Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

Narrative of The Life and the Rights of Pregnant Women behind

bars and the Custody given to their Newborn Child in Philippines

Dela Cruz, Frances Camille

Dela Pena, Jenzari
Eusebio, Shella Mae
Guese, Jhaztine

May 13, 2023

 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

Introduction

Motherhood in the Philippines have had given an importance and

recognition. In actual fact, this is under the enactment of R.A. 9710, otherwise known as

The Magna Carta of Women, ensuring the equal rights and giving empowerment and

protection to every woman. In addition, Child Custody was also enacted under the Article

213 of the Family Code, provides that “no child under seven years of age shall be

separated from the mother unless the court finds compelling reasons to order otherwise”.

Despite of the law given; this was never been effective to the rights of both concerns.

Women behind bars and their newborn babies were being neglected, as many cases of

incarcerated women are suffering from loss of newborn child reportedly on cam and off

cam. A Correctional Nursery Act of 2008 of Former Senator Manny Villar filled this

Senate Bill for the rights and custody of women and their newborn child inside the

prison. De La Salle University also filed a petition about this case in the year 2015. Latest

argument for this, former house representatives, Juan Miguel Arroyo, David Suarez and

Anna Marie Villariza-Suarez, filed House Bill 117, and House Bill 3197 which seek to

create programs for incarcerated mothers and children. However, up to this day, these

are still in pending in the Committee.

This kind of topic about women are merely discussed nowadays. Thence, our group

decided to conduct a study using the pakapa-kapa and pagmamasid as a method of our

study through articles, blogs, and documentaries online. This aims to explore the true life

of inmate women with their newborn child and the custody and rights given to them. The

data given in this study is the majority situation of pregnant and postnatal mothers in the

Philippines.
 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

The Life of Pregnant Women Inmates

The Commission on Human Rights reports the inconsistency in access to

maternal health services. Postnatal care services are non-existent in for those women who are

suffering from postpartum depression. A proportion number of 37 out of 84 women’s

dormitories have only a breastfeeding room. The Bureau Officers made a coping mechanism for

this, which a prison employee adopting an inmate’s child probably benefit to some, but it is truly

not a benefit to others. In the dissertation of Dr. Persida V. Rueda-Acosta, out of five hundred

sixty-six participant inmates she surveyed, pregnant women are not being provided with good

and orderly sleeping quarter. 46.86% of them have no special care for pregnant inmates. The

condition that the pregnant women suffering in the jail are:

1. Problems regarding food and water supplies

2. Medical negligence

3. Health care services are deficient

4. Sleep deprivation and lack of mobility

The Washington Post visited the Correctional Institution for Women located in Mandaluyong

and reported that there is space for women and their babies, called mothers’ ward located across

the hall from the cramped dorms of inmates. Though, a separate facility would be ideal for this.

And this space provided were not enough which estimated to be 1,500 capacities hold for

inmates were holds more than 3,000 of them.

 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

The Rights of Pregnant Women Inmates and the Custody of the Child

According to CHR Commission, Karen Gomez-Dumpit, there is no existing

local law that pertaining in detail of the situation of mothers deprived of liberty and their children

to protect and filed custody for them, despite of the multiple Senate Bill created for incarcerated

mothers and children. At the Correctional Institution of Women, mothers are allowing to spend a

year with their newborn child. Unfortunately, this sets into different rules. One month limit was

applied to most detention facilities.

Pregnant women should provide a good sanitation, healthy supplements of foods, medical

provision pre-natal and postnatal condition such as psychological help supports, medical care

support and sufficient healthy and nutritional supplies for both mother and newborn child.

The most recent and prominent case is the plight of Reina Mae, a jailed activist who lost her

three-month-old daughter named “River” in the year 2015. She describes the justice system as

poor and cruel to all women. She gave birth to her child in jail. She asked the lower court to

allow her to breastfeed and give care to her daughter until she turns one. But despite of her pleas,

less than two months after the baby was removed from her care which really gave a voice out to

the justice system for invalidating the incarcerated mother and newborn child custody. The

hospital where Ms. Nasino gave birth also recommended the baby be kept with her mother, said

Ms. Nasino's lawyer, Ms. Deinla. "But the prison authorities said they lacked the resources. They

came up with a lot of excuses, violating the child's right to her mother's breast milk," she said.

Her daughter died after a month of her separation. In a study that mother should stay up to 12

months taking care of their child. One inmate named Rosemarie Santiago was also four months

pregnant when she walked in jail. She gave birth to her son and the next day; her siblings

claimed her newborn child. After 9 months she was released and saw her son being innutrition

and described as her child was so thin. She kept thinking about what could have happened if she

was not separated by her son.

 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

The Psychological Effect of Separation

Filipinos are naturally known as “Family oriented”, as this culture became

the roots of every Filipino household. This practice last for more than a decade now, they place a

high regard and put importance on their family before anything else. As Filipinos possess a

genuine and

deep love especially to their children, the separation from their newborn child, that has had

happened to the incarcerated women in the Philippines brought a major psychological impact to

them. Their grieves, and their never-ending “what if’s” to their mind stays longer. The fact that

it is not easy for a mother to be separated from her child, especially for those PDL or People

Deprived of Liberty, that they can’t do anything to fight for their rights as a mother to be with

their child for longer time so they can give the right nurture to their infants. In the case of the

child, although it is possible for them to be raised by their relatives outside the jail, the mother’s

role is still important in their early childhood development. Studies shows that, the main

presence in a child’s life plays multiple roles in child’s developmental growth., social emotional,

physical, and cognitive and independence. Also, breastfeeding is one of the major things should

consider for a newborn baby. Breastfeeding has an advantage in cognitive development of a

child. In a study of National Institutes of Health says that when they are breastfed for more than

9 months from years one to

three after birth, they will have a better cognitive development. Moreover, it can help protect

babies against some short- and long-term illnesses and diseases.

 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

Conclusion

It is true that Women rights is way much better compared to the past and

many rights have been fought throughout the years. However, the scenarios long ago is still

visible. Through this narrative analysis, it shows the fact that women are being heard, but not

being acknowledge. The fact that up to this day, the petition to the court to manage the

correctional nurseries and to properly imply the rights of incarcerated pregnant women is still

pending in the committee. This is merely discussed in the court and media not until the political

activist were involved. This is just a blindly truth about how women nowadays are not being

understand, and being neglected by the law regardless of the establishment of Women’s Rights,

and Women Empowerment all across the globe. The roots of Filipina Mothers for possessing a

genuine love and care to their child is the primary reason for the grieves, and anger of all

Filipinas who lost their child because of negligence. Also, this culture of Filipinos is what pushes

the citizens and politicians to compelled their petitions for this case. May all Filipinos understand

the rights of pregnant women regardless if they are PDL or not. We all deserve to be treated

right, and we all deserve to possess the custodies despite of our states and standards in living.
 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

References

 BBC News. (2020, October 14). Philippines: Anger over death of baby separated from

jailed mother. BBC News. https://www.bbc.com/news/world-asia-54519788

 Bolledo, J. (2022, December 23). Reina Mae Nasino, others walk free from jail after

posting bail. RAPPLER. https://www.rappler.com/nation/reina-mae-nasino-others-

released-bail/

 Cantimbuhan, M. P. T. (n.d.). Mothering behind bars: The policy on pregnant inmates

and the custody of their newborn. Animo

Repository. https://animorepository.dlsu.edu.ph/etdm_law/14/#:~:text=When%20such

%20is%20the%20situation,to%20be%20separated%20at%20birth.

 Congress urged to pass law addressing situation of mothers in jail and their children.

(2020, November

25). Philstar.com. https://www.philstar.com/headlines/2020/11/25/2059419/congress-

urged-pass-law-addressing-situation-mothers-jail-and-their-children

 https://pao.gov.ph/UserFiles/Public_Attorney's_Office/file/ICPA%20PAPER%20-

%202015.pdf
 Holy Cross College
Institute of Psychology
School of Arts, Sciences, and Education
Sta. Ana, Pampanga

 OPINION: The mother and child in prison still deserve healthcare rights. (n.d.).

Cnn. https://www.cnnphilippines.com/life/culture/politics/2020/11/5/mother-child-in-

prison-healthcare.html

 Wncdevegalaw. (2021). Maternity Rights in the Philippines - Law Firm in Metro Manila,

Philippines | Corporate, Family, IP law, and Litigation Lawyers. Law Firm in Metro

Manila, Philippines | Corporate, Family, IP Law, and Litigation

Lawyers. https://ndvlaw.com/maternity-rights-in-the-philippines/

 Pierson, D., & See, A. B. (2020, October 21). Philippine activist attends her infant’s

funeral in handcuffs - Los Angeles Times. Los Angeles

Times. https://www.latimes.com/world-nation/story/2020-10-21/philippines-baby-river