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Sandiganbayan summons BJMP officials anew amid faulty CCTV findings

Sandiganbayan Centennial Building in Quezon City

Sandiganbayan Centennial Building in Quezon City

Jerod Orcullo / DAILY TRIBUNE

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The Sandiganbayan Third Division on Wednesday again issued subpoenas for the appearance of officials from the detention facility of former House Speaker Martin Romualdez in light of its recent findings concerning the CCTV cameras in the said prison.

The Third Division’s clerk of court confirmed to reporters that the summons were handed to the Jail Superintendent Maria Lourdes Pacion, Medical Officer Henry Fabro, and the officer in charge of the CCTV in the facility of the New Quezon City Jail – Male Dormitory in Payatas.

All three officials were ordered to appear in the bail hearing that would be conducted at the anti-graft court on Thursday, 12 November, marking the third time in less than week that Pacion and Fabro were called to testify on Romualdez’s detention status.

In an order dated 10 November, the Sandiganbayan released its findings from the ocular inspection that it had conducted at the detention facility the day prior amid reports that the lawmaker was allegedly permitted to leave the facility without due notice of the court.

The court stated that it had found that out of the 450 CCTV cameras in the facility, only 220 were operational based on its inquiry from officials who were at the prison.

It was further stated that just 28 out of the 152 cameras facing high-profile inmates were functioning, highlighting that there was no operational CCTV which covered the area of Romualdez’s detention cell.

Another deficiency that justices managed to confirm was the fact that the surveillance system had “limited storage capacity for video recordings” causing the “early deletion” of footage from the facility.

“The resulting blind sports constitute a serious deficiency in the facility’s security and monitoring arrangements. They impair the ability of jail authorities to account reliable for the movements of persons within the premises, including persons under detention,” the order read.

Also read Sandiganbayan justice rebukes QC jail warden over Romualdez's detention

The Sandiganbayan would acknowledge that Pacion had previously stated that the cameras had received no maintenance checks since its initial installation in 2020.

It was likewise pointed out that the warden had notified the Bureau of Jail Management and Penology (BJMP) as early as last year to repair the faulty system—requests that remained pending.

Amid the lack of action from the BJMP, the court sought for concerned government agencies to take actions regarding the facility’s CCTV system as it emphasized that such issues raise legitimate concerns with respect to the security and accountability for all individuals in detention.

“The court expresses deep apprehension over such deficiencies, considering that all accused within the jurisdiction of the Sandiganbayan, including high-profile personalities, are placed under the physical custody of the said jail facility,” the court stated.

Inconsistencies in BJMP testimony

A separate pertinent issue that the Sandiganbayan identified was with respect to the inability of Pacion to verify the presence of Romualdez in the facility and the inconsistencies with regards to the lawmaker’s staff that was allegedly allowed to accompany the accused around-the-clock.

The court reiterated that the lack of an operational CCTV system casted doubt on the assertion of the jail warden that the former House Speaker had never left the prison, based on the fact that it could not be independently verified.

It was noted that the observations were not necessarily a conclusion that Romualdez did leave the facility at some point and that it was merely recognizing that the monitoring arrangements of the BJMP were insufficient.

As for the issue on Romualdez’s staff, the Third Division highlighted the discrepancies between Pacion’s testimony in the two proceedings that she had participated in on 5 and 9 November.

Pacion had earlier stated that a staff of Romualdez, identified as a certain “Arvin de Guzman” was staying with the lawmaker on a “24/7” basis, a detail she later clarified by noting that De Guzman was “on call.”

The Sandiganbayan further flagged information that the aide was able to visit on Mondays, despite the warden noting that no visitations were allowed on the said date.

“When [Pacion] was confronted with compliance with the rules of BJMP in relation to the presence of the personal aide of Romualdez in facility, she had to invoke humanitarian considerations and her prerogative in determining the needs of [persons deprived of liberty],” the court stressed.

“The court thus finds this earlier testimony difficult to reconcile with the import of her current explanation that said personal aide is complying with the visitation hours of the facility,” it added.

With the uncovered issues pertaining to the facility’s compliance with BJMP’s rules, the court had ordered the agency’s chief, Jail Director Efren Nemeño to submit a report within a period of ten days on the condition of the surveillance system at the New Quezon City Jail – Male Dormitory.

The Sandiganbayan had likewise suggested for the BJMP to refer the matter on Romualdez’s aide to the Office of the Ombudsman for the appropriate evaluation and action.

In issuing the orders, the court stressed that ensuring the security and accountability of authorities to follow detention regulations “faithfully and without distinction” for detainees was required.

“Public confidence in administration of justice requires that the detention of every accused, regardless of position, influence, or circumstance, be governed by the same standards of security, accountability, and equal treatment under the law,” the order emphasized.

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