AT least 5,000 persons in prison, awaiting trial or resolution of the cases against them, “may qualify for the proposed early release,” according to President Duterte.
The President made the comment in his fifth report to Congress amid calls for the release of some persons deprived of liberty (PDLs) due to novel coronavirus disease (COVID-19) pandemic.
Duterte, in 21-page report, said the Bureau of Jail Management and Penology (BJMP) has identified 3,384 elderly PDLs or those 60 years and older, and charged with light offenses or those punishable by arresto menor and arresto mayor; 1,972 with medical conditions; and, 804 non-recidivist “who may qualify for the proposed early release.”
He said executive clemency “may be made available” for those 65 years and older, and have served at least five years of their sentence, and their continued imprisonment would be inimical to health
The President last week directed the Board of Pardons and Parole to review and expedite process of applications for parole or executive clemency amid calls to free those in prison for the elderly who had already been sentenced or still facing charges or those who are sick and are serving light sentences or facing light charges to decongest the prisons amid the COVD-19 pandemic.
The Supreme Court, meanwhile, gave the go-ahead for the pilot testing of videoconferencing on urgent matters in criminal cases involving PDLs while the enhanced community quarantine (ECQ) is in effect in Metro Manila and other areas.
Administrative Circular 37-2020 allows courts in Metro Manila and Regions 2 to 12 to conduct arraignment, pretrial, bail hearings, trial proper, and promulgation of judgments through videoconferencing.
“It is clearly understood that the hearings in criminal cases through videoconferencing are only for pilot testing, and shall apply only during this period of public health emergency,” Chief Justice Diosdado Peralta said.
The families of 22 political prisoners insisted that the Supreme Court allow their temporary release to prevent them from getting infected with COVID-19, saying measures being implemented by the authorities are not enough to ensure that their detention facilities are free of the novel coronavirus.
In a reply submitted by the National Union of People’s Lawyers to the High Court, the petitioners took exception to the answer submitted by the Office of the Solicitor General last Friday opposing their plea.
Among the petitioners are National Democratic Front consultants Vicente Ladlad, Rey Claro Casambre, Renante Gamara, Adelberto Silva and Francisco Fernandez Jr.
There cases are still under trial or have not yet reach the trial stage, but they continued to languish in prison due to their non-bailable charges.
In opposing their plea, the OSG said that while there is no denying the fact that some detention and reformatory cells are indeed congested, congestion is not among the grounds to release prisoners.
The petitioners said: ‘”The respondents’ health protection and safety measures have failed to prevent the entry of, and control the coronavirus inside the jails. The conditions that gave rise to the release of prisoners in other countries by reason of the COVID-19 pandemic are the same in the Philippines,” they said.
“Given the severe overcrowding and sub-human conditions in these jails, it is only a matter of time before a contagion breaks loose within its confines and afflicts detainees and jail personnel alike,’ they added. — with Ashzel Hachero
