Daily Tribune‘The [writ of kalayaan] is an extraordinary remedy for [persons deprived of liberty] created through the Supreme Court’s constitutional power to promulgate rules concerning protecting and enforcing our fundamental rights.’
Senior Associate Justice Leonen Marvic M.V.F. Leonen
Photo Courtesy of SC
Senior Associate Justice Marvic Leonen yesterday strongly batted for measures to address the “colossal and perennial problem” of jail congestion in the country.
In a statement, Leonen said the Supreme Court’s proposed writ of “kalayaan” (liberty or freedom) hopes to rectify the current condition of penal facilities in the country and the state of persons deprived of liberty (PDL).
Leonen pointed to the latest World Prison Brief where the Philippines ranked third at 362 percent among countries with the highest prison occupancy in the world.
Leonen also cited the 2022 review of the Bureau of Jail Management and Penology by the Commission on Audit, where it found about two-thirds of jails in the country were congested with 323 of 478 jails having high occupancy rates, leading to poor living conditions for PDLs.
“The [writ of kalayaan] is an extraordinary remedy for [persons deprived of liberty] created through the Supreme Court’s constitutional power to promulgate rules concerning protecting and enforcing our fundamental rights,” Leonen said.
The proposed writ intends to protect prisoners’ right to life and health, and against cruel, degrading, and inhumane punishment.
It also aims to rectify the conditions of confinement and address not only the congestion of facilities but any issues that frustrate the inherent dignity and humane treatment of PDLs.
Leonen said that like the writ of kalikasan (environment), the proposed writ of kalayaan will result in a court-monitored continuing order directing those in charge of the prison facilities to comply with a court-sanctioned plan within a reasonable time to rectify any cruel, inhumane, or degrading conditions of confinement.
The plan will include specific, measurable, attainable, realistic, and timebound objectives. If the plan is not complied with, PDLs will be released based on an order of precedence until the humane conditions within the facility are met.
The proposed writ does not aim to solve all of the problems that plague penal facilities, nor does it hope to replace ongoing programs and policies that other agencies of government now have.
“It is a remedy that complements ongoing efforts by the executive and legislative branches. It finds for the courts their role, and empowers them to contribute to solving this social problem in a holistic and collaborative manner,” Leonen said.
