A high-ranking official of the Department of Justice (DoJ) said the country’s justice system has improved compared to decades ago, benefitting marginalized and underprivileged Filipinos.

“Since the new administration came in, we have institutionalized transformative reforms that directly protect human rights. From the beginning, we reviewed our procedures regarding jail and court congestion, which we addressed through two measures,” said Justice Undersecretary Jesse Hermogenes Andres in an interview.

The first measure implemented by the DoJ was Department Circular 20, or the Case Build-Up Mechanism, which made important changes to the process of filing criminal cases in the Philippines.

“Before we file a case in court that could potentially deprive an individual of liberty, we should have sufficient evidence in the possession of law enforcement agents. Previously, it was only probable cause, but now it’s prima facie evidence with a reasonable certainty of conviction. This means that only evidence-based cases can be filed in court,” Andres explained.

He said that a minimal amount of evidence should not be used to file a case against a person; there must be comprehensive evidence proving all the elements of the crime “to ensure that we are not unduly harassing anyone in violation of their constitutional rights.”

Jail congestion

In terms of addressing jail congestion, Undersecretary Andres said that if fewer cases were filed in court due to the DoJ’s stricter evidence evaluation, there would be a corresponding reduction in the flow of persons deprived of liberty in detention facilities.

“That is how we can address jail congestion at the same time. We are also reviewing prisoners’ records to ensure that no one is overstaying in prison facilities. Some individuals who were supposed to be released after serving their full sentences are still languishing in jail because their records had not been promptly reviewed,” Andres said.

The Bureau of Corrections, an attached agency of the DoJ, released 850 PDLs from penal institutions across the country in July and August as part of its ongoing efforts to decongest detention facilities, Justice Undersecretary Margarita Gutierrez said on 3 September.

“This brings the total number of PDL releases under the Marcos administration to 15,943,” a separate BuCor report stated.

Among the 850 released, the bureau reported that “146 were due to acquittal, 487 for expiration of maximum sentence with good conduct time allowance, 28 for expiration of maximum sentence, two on bail bond, one on cash bond, one turned over to jail, one released on recognizance, 166 granted parole and 18 were granted probation.”

“Those released included individuals from the Correctional Institution for Women (CIW) in Mandaluyong City (46), CIW Iwahig Prison and Penal Farm (one), CIW Mindanao (four), Davao Prison and Penal Farm (135), Iwahig Prison and Penal Farm (49), Leyte Regional Prison (45), New Bilibid Prison (NBP) Maximum Security Camp (199), NBP Medium Security Camp (169), NBP Minimum Security Camp (39), NBP Reception and Diagnostic Center (22), Sablayan Prison and Penal Farm (76), and San Ramon Prison and Penal Farm (65),” the BuCor stated.

Significant change

Compared to decades ago, the Philippine justice system has come a long way, according to Andres.

“I believe we have institutionalized many measures that will ensure the protection of human rights in the long run. As I mentioned, Department Circular 20 and the new rules on preliminary investigations impose a higher threshold for evidence before charges can be filed in court, which is definitely protective of human rights,” he told DAILY TRIBUNE.

He said that marginalized groups, such as the poor, women, and indigenous peoples, now enjoy greater protection due to these reforms.

“These reforms primarily address the needs of the marginalized and vulnerable sectors against harassment suits. Now, they will only be charged in court if they are involved in a crime and there is supporting evidence,” he said.

As part of efforts to improve the justice system, the DoJ last year announced new guidelines for prosecutors to reduce the recommended bail in criminal cases for temporary liberty to P10,000 for indigents.

In Department Circular 11, prosecutors in cases involving indigent respondents must indicate only 50 percent of the recommended bail as stated in the 2018 Bail Bond Guide or P10,000, whichever is lower.

This measure, along with the earlier Department Circular 008-A, stipulates that only quality criminal cases backed by credible evidence will help “decongest court dockets,” the DoJ said.

The new rule applies to all cases undergoing inquest or preliminary investigation involving indigents, except for those punishable by death, reclusion perpetua or life imprisonment.

The reduced bail aims to prevent the detention of individuals for bailable offenses who cannot afford the court-set amount.