DOJ: ‘Decisive, compassionate’ reforms ease jail congestion

The Department of Justice (DOJ) has rolled out a series of “decisive and compassionate” reforms that have led to the release of tens of thousands of persons deprived of liberty (PDLs) and helped ease jail congestion, Acting Secretary Fredderick Vida said at the 2nd National Decongestion Summit.

In his speech delivered at the continuation of the summit on Thursday, Vida said the DOJ’s policy initiatives demonstrate a “deliberate shift toward early, humane, and evidence-based intervention in the criminal justice system,” while remaining firm in upholding the rule of law.

One of the key measures cited was the issuance of Department Circular (DC) No. 11, series of 2023, which allowed the lowering of bail by 50 percent of the recommended amount or up to P10,000, whichever is lower. 

Vida said the policy enabled the release of more than 42,000 accused persons on reduced bail.

“This number affirms DC No. 11 as a concrete intervention that makes the constitutional right to bail truly accessible, while helping address our overburdened jail system,” he said.

Vida also underscored the impact of DC Nos. 08, 008-A, and 16, series of 2023, which directed prosecutors to withdraw or recommend the dismissal of criminal cases with insufficient evidence to sustain a conviction. 

Through these circulars, he said, more than 5,000 criminal cases nationwide have been assessed and endorsed for withdrawal or dismissal.

He added it also prevents “the prolonged detention of accused persons in cases without solid evidentiary basis.”

Vida said another major reform highlighted was DC No. 15, or the DOJ Rules on Preliminary Investigation and Inquest Proceedings, signed in July 2024 in the presence of President Ferdinand R. Marcos Jr. 

The DoJ chief described the circular as “game-changing,” noting that it strengthened the proactive role of prosecutors in case build-up and raised the standard for filing cases from mere probable cause to prima facie evidence with reasonable certainty of conviction.

Since its  adoption, Vida said there has been a marked reduction in unsubstantiated, frivolous, and harassment complaints, with more than one-fourth of filed cases eventually “dismissed due to insufficient evidence.”

Vida also cited DC No. 3, series of 2024, which set the DOJ’s plea bargaining guidelines for drug cases and incorporated the Supreme Court’s ruling in Bason v. People. 

The policy affirmed the accused’s entitlement to plea bargaining without the prior requirement of a drug dependency test. 

As a result, more than 38,000 drug-related cases have been resolved, easing jail congestion while ensuring the rehabilitation of drug users.

Further filtering the inflow of cases into the courts was DC No. 31, series of 2023, which advanced alternative dispute resolution mechanisms within the National Prosecution Service. 

Vida said more than 1,000 cases have been successfully disposed of through dismissal or mediation by prosecutor-mediators since its pilot implementation in the National Capital Region in January 2024.

Beyond policy reforms, Vida said the DOJ has continued to prioritize the release of qualified inmates through proper and timely evaluation by prison authorities, with executive clemency remaining a critical tool. 

From 2022 to 2025, the Board of Pardons and Parole granted parole to more than 300 elderly and terminally ill inmates.

Despite these gains, Vida cautioned against complacency, noting that prison congestion rates remain at over 200 percent.

“Thus, we shall adopt further measures rooted in compassion and reason,” he said, adding that the DOJ will continue to advocate for the reduction and institutionalization of a policy on compassionate early release for qualified PDLs, particularly the elderly, the seriously ill, and those who no longer pose a risk to society.

Vida emphasized that decongestion is a continuing and collective responsibility, requiring close collaboration across the justice sector.

“Today, on the occasion of the 2nd National Decongestion Summit, the Department of Justice reiterates its strong commitment to deepen collaboration and further refine our policies and processes, as we remain steadfast in our resolve to timely deliver justice that is firm yet compassionate,” he said.