Department of Justice (DOJ) Assistant Secretary and Spokesperson Jose Dominic "Mico" Clavano IV answers questions from the media after conducting a press briefing with the Malacañang Press Corps (MPC) on 1 December 2023. (Photo courtesy of Presidential Communications Office) 
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DOJ to recommend eligible individuals for grant of presidential pardon

Tiziana Celine Piatos

The Department of Justice on Friday said it will recommend nearly 1,000 persons deprived of liberty to Malacañang as possible beneficiaries of the presidential grant of pardon and executive clemency.

In a Palace briefing, DOJ Assistant Secretary and Spokesperson Jose Dominic "Mico" Clavano IV said that people with disabilities and the elderly are eligible for the amnesty program.

The DOJ official also brought up the concurrent efforts to clear the court dockets by enacting regulations pertaining to bail requirements and prison hearing procedures.

"What Secretary (Jesus Crispin Remulla) usually does during the President's birthday and on Christmas is we provide a list to the PPA (Parole and Probation Administration); and then eventually, it will be forwarded to the Executive Secretary," Clavano said.

"Last year, it was close to one thousand. So, we're expecting a similar (number) this year," Clavano added.

Clavano said the Supreme Court is in charge of this initiative. He said that one strategy to clear the jails of inmates is through the imposition of regulations about custodial hearings and the requirement of bail.

Executive clemency could take the form of a total pardon, a conditional pardon, or parole restrictions. It might also include a decrease in sentence or commutation, as well as a reprieve or postponement of the punishment's execution.

In the same briefing, Clavano said the detention facilities run by the Bureau of Jail Management and Penology for female PDLS, who are often victims of sexual and physical abuse, are more crowded than those for male PDLs.

Clavano said 70 percent of BJMP detention facilities are overcrowded, with an average overcrowding rate of 386 percent.

"For our women in conflict with the law (WICL), we want to reduce admission again and increase releases because there are many classifications of women in conflict with the law: we have minors; those sexually and physically abused which (should be provided relief) in line with our anti-violence against women campaign; pregnant WICLs; nursing WICLs; women with disabilities; and, of course, elderly women," Clavano said.

"We will be coming up, the Supreme Court, the DOJ, and the DILG (Department of the Interior and Local Government) will be coordinating with regard to the new rules on WICLs and a manual for handling WICLs," Clavano added.

With assistance from the UN Office on Drugs and Crime, the Assistant Secretary of the Department of Justice intended to accomplish their goal at the summit on jail decongestion.

In order to resolve issues with decongestion, Clavano said the Justice Department has raised the bar for filing charges to prima facie evidence supported by a reasonable certainty of conviction and decreased bail for impoverished PDLs.

Clavano added that the National Building Code stipulates that each PDL must have roughly 4.8 square meters.

"If the facility is meant for 7,000, only 7,000 Persons Deprived of Liberty should actually be staying there. So, we're hoping to spread out the PDLs to different facilities, taking into account their hometowns as well," he added.

"Let's say they are from Mindanao; we hope that the said PDL would be detained in a facility in Mindanao so the family and friends can visit. It is also a part of the reformation program."