Providing hope, optimism to PDLs

On 6 December, all three branches of the Philippine government — the Executive, the Legislative, and the Judiciary — got together to discuss the problems and unlock solutions concerning jail and prison overcrowding at the National Decongestion Summit. This was led by the Justice Sector Coordinating Council, composed of the Supreme Court, the Department of Justice, and the Department of the Interior and Local Government.

Senate President Juan Miguel Zubiri, Speaker of the House Martin Romualdez, and Executive Secretary Lucas Bersamin graced the event. Development partners were also in attendance, specifically the European Union and the Australian Government through the United Nations Office on Drugs and Crime.

Chief Justice Alexander Gesmundo shared that 70 percent of detention facilities under the Bureau of Jail Management and Penology are overcrowded, at an average congestion rate of 386 percent. Even worse, the occupancy rate in some of our jails has gone as high as 2,748 percent of their standard capacity.

He said the reduction of admissions, increase in releases, and expansion of jail facilities are the principles under the planned strategy in addressing the issue of overpopulation in the penal system and will be resolved. The SC will introduce technological innovations to enhance the efficiency of court services, reduce delays in case processing and disposition, and increase justice system-wide collaboration.

Acknowledging and supporting the statements made by the Chief Justice, Romualdez said they are ready to consider and will seriously study several key proposals. They plan to review the deterrent effect of the Revised Penal Code's crime classifications (bailable or non-bailable) and consider decriminalizing certain offenses like libel, abortion, and dueling.

The House of Representatives welcomes proposals for enacting a law that extends diversionary measures to adult offenders or alternatives to incarceration for minor offenses and first-time offenders, reducing unnecessary admissions into the country's penal facilities.

Zubiri said the summit addresses an overlooked truth that fundamental human rights apply to every Filipino, including persons deprived of liberty no matter the crime or sentence. Worth quoting is his statement that "It is dangerously easy to dehumanize our PDLs and reduce them to second-class citizens. Of course, having done wrong and caused harm, they deserve commensurate punishment. But for all their offenses, they are still human beings; still, someone's parent, partner, sibling, and child. They still deserve an opportunity for growth and change."

Based on presentations regarding the sad state of the prisons and PDLs, it is easy to lose hope. The occupancy rate alone, which is 2,748 percent beyond the standard capacity, is very intimidating and discouraging.

But rather than see it as a problem, it is best to see it as an opportunity to improve an outdated system that is prejudicial, not just to the state but also to the PDLs. The rehabilitation aspect, which is the real intention of the penal system, is foregone if the PDLs are left in the penal institutions to rot in a jail, which is exponentially decreasing in space.

The need to decongest space is not the end goal of a PDL, but it is a step towards that. Fewer inmates will translate to more opportunities for more inmates to be considered for early release, which supports the justice system's overall goal — to rehabilitate.

The persons deprived of liberty are still part of our society and must be valued.

In conclusion, I can only say kudos to the National Decongestion Summit and its leaders. Let us monitor how it plays out and cheer for every sign of its success.