The Philippine Star
November 7, 2023 | 12:00am
There are two major reasons for the serious congestion in the country’s state detention facilities.
One is the failure of the state to expand the facilities and keep up with the rapid growth in the inmate population. The second reason is the sorry state of the Philippine justice system. Snail-paced, inefficient, unreliable, graft-ridden according to various groups including foreign chambers of commerce, and with the appointment and promotion system highly politicized, justice is often much delayed and therefore denied in this country.
And so, while it is encouraging to see the Supreme Court taking the initiative to decongest the country’s jails and national prisons, it would be even better for the SC to start the process in its own backyard.
The SC’s Committee on Human Rights and International Humanitarian Law has proposed the promulgation of a “writ of kalayaan” – a continuing order to jail and corrections officials to improve the substandard conditions in detention facilities within a specified timetable. If the continuing mandamus is not carried out, the writ will be issued for the release of an inmate through bail, recognizance or probation.
The Bureau of Corrections has opposed the writ of kalayaan, and urged the SC to leave the matter of decongesting jails to Malacañang and Congress as specified by law. The BuCor also explained that it has drawn up a five-year development and modernization plan to build more regional facilities and decongest the existing prisons.
In line with the observance of National Correctional Consciousness Week from Oct. 22 to 28, Chief Justice Alexander Gesmundo had been inspecting local jails as well as the New Bilibid Prison under the BuCor in Muntinlupa. He has revealed moves to reduce bail for indigents, boost free legal assistance programs and speed up the release of qualified inmates.
Gesmundo is aware that court processes contribute to jail congestion. To speed up adjudication, courts can now resort to online hearings. There are discussions on reforms that will allow community service instead of imprisonment for more offenses.
On Sept. 1, 2017, a circular issued by the Supreme Court took effect, requiring continuous trial of criminal cases handled by trial courts, the Sandiganbayan and the Court of Tax Appeals. For drug cases, the SC set a maximum of 75 days from the start of trial to the issuance of a decision. The rule benefited the son of Justice Secretary Jesus Crispin Remulla, who was cleared of drug possession by a Las Piñas court in January this year. If this speedy justice could become the norm rather than the exception, jail congestion would be considerably eased.
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