Under R.A. No. 6975 (approved December 13, 1990), or the "Department of the Interior and Local Government Act of 1990", the management, control and supervision management of city and municipal jails have been placed under the said Department, thru the Bureau of Jail Management and Penology (BJMP). The provincial jails are supervised, controlled and funded by the provincial governments.
Sec. 23 of R.A. No. 6975 establishes and maintains in every district, city and municipality (in theory) a “secured, clean adequately equipped and sanitary jail for the custody and safekeeping of city and municipal prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others”.
R.A. No. 9263 (approved March 10, 2004), or the “Bureau of Fire Protection (BFP) and Bureau of Jail Management and Penology (BJMP) Professionalization Act of 2004”, contains provisions on the appointment, qualifications, promotion, trainings, and other administrative facets of the BFP and the BJMP. It notes the fact that Sec. 3 of R.A. No. 8551 provides that “in times of national emergency, BFP and the BJMP along with the Philippine National Police (PNP) shall, upon the direction of the President, assist the Armed Forces of the Philippines (AFP) in meeting the national emergency”.
There are 1,082 jail facilities in the country consisting of city, municipal and district jails and women’s and youth centers. The bureau has 5,178 custodial and escort personnel to serve the said facilities, or a ratio of 1 personnel to every 5 prisoners.
The population of Metro Manila city jails increased from 11, 258 in 2000 to 21,733 in 2006, according to government statistic, thus: 11, 528 (2000); 12,560 (2001); 14,208 (2002); 18,278 (2003); 21,366 (2004); 22,365 (2005); and 21,733 (2006). (www.dilg.gov.ph).
The figures for the other regions of the Philippines showed the same upward trend.
The national annual rate of increase in jail population is 6%.
Ninety-five (95%) of the jail population is made up of detention prisoners waiting for the termination of the trials and appeals of their criminal cases.
It should be noted that aside from city and municipal jails under the control of the BJMP, the following agencies also hold and maintain detention prisoners: Bureau of Corrections (BUCOR), Department of Social Welfare and Development (DSWD), Provincial and Sub-Provincial Governemnt Units.
The BJMP cites 10 reasons for am increasing Philippine jail population:
1. slow disposition of cases in court;
2. strict implementation of the Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165);
3. reduction in the quantity of illegal drugs bailable under RA 9165;
4. inability to pay bail;
5. recidivism;
6. poverty and unempolyment;
7. increase in the amount of bail bond required by courts;
8. some courts do not accept surety bond instead they want cash bail;
9. some bonding companies refuse to accept Muslim inmates; and
10. increase in the number of arrested persons by the PNP brought about by its intensive campaign against criminality.
There are six (6) laws relied upon by the BJMP to regulalry decongest the local jails:
1. R.A. No. 6036 (release on recognizance);
2. R.A. No. 6127 (Full Time Credit);
3. Pres. Decree No. 968 (Parole & Probation);
4. Batas Pambansa Blg. 85 (Preventive Imprisonment);
5. R.A. No. 9344 (Juvinile Justice Welfare Act); and
6. the relevant provisions of the Revised Penal Code of the Philippines on Good Conduct and Time Allowance (GCTA).
In 2007, the Public Attorneys Office (PAO) was successful in causing the release from detention of 904 inmates in Metro Manila through its jail decongestion program. The Integrated Bar of the Philippines (IBP) has a similar pilot program in Metro Manila.
The bureau’s definition of “ideal jail capacity” is 3 prisoners for every square meter of cell area.
Even 3 veteran acrobats or gymnasts will have a difficult time comfortably sleeping within a 1-square meter enclosure, which more often that not is also unventillated.
In Metro Manila, as of July 2007, the jail congestion rate was 246%, the top 3 being Caloocan City Jail (1,124%), Quezon City Cit Jail (676%), and Muntinlupa City Jail (626%).
The national jail congestion rate is 260%. The top 3 are Region 4A (827%), Region 7 (460%), and Region 10 (344%).
Metro Manila has the infamous distinction of being the worst region in the Philippines in terms of crime statistics.
In 2007, the BJMP had 14,564 prisoners facing cases for crimes against persons: murder (6,835); homicide (2,729); personal injury (1,176); and rape (3,824). Metro Manila topped the list with grand total 3,493 (23.9%)
The bureau had 13,442 prisoners facing cases for crimes against property: robbery (7,603) and theft (5,836). Metro Manila again topped the list with a grand total of 5,314 (39.5%).
The bureau recorded 22,549 prisoners facing cases for violation of R.A. 9165 (drug cases), with Metro Manila topping the list (8,802 or 39%).
The number of prisoners facing drug cases nationwide was almost double (1.5 times) the number of those facing all index criminal cases combined (murder, homicide, personal injury, rape, robbery and theft cases).
Of the 1,082 jail facilities nationwide, only 336 (31%) have separate cells for women prisoners and only 203 (18.7%) have separate cells for children in conflict with the law (CICL).
In other words, for every 3 female prisoners, 2 (69%) are mixed with male prisoners and for every 5 CICL, 4 (81.3%) are mixed with adult prisoners.
This is a nightmare for penologists and jurists.
It will be noted that under Art. 80 of the Revised Penal Code CICL shall be put under the custody of a publicly-recognized private institution or any other responsible person and that under Art. 191 of P. D. No. 603, in the absence of a youth home, the provincial city and municipal jails shall provide a cell for CICL separate from adult detainees.
There are only 4 youth homes nationwide: Molave Youth Home (Quezon City), Manila Youth Reception Center (MYRC), Pasay City Youth Home (PCYH), and the Regional Rehabilitation Center for the Youth (Cebu City). (see: http://www.bulatlat.com/news/5-36/5-36-play1.htm).
The bulk of Muslim prisoners are not detained in the city and municipal jails of the Autonomous Region of Muslim Mindanao (ARMM). They are in Metro Manila.
In 2007, out of 3,574 Muslim prisoners nationwide, a total of 1,334 (37%) were detained in Metro Manila city jails and only 274 (7.6%) were detained in ARMM city and municipal jails.
Of the 3,574 Muslim prisoners, 2,979 were male Musims and 531 were female Muslims.
Sen. Lito Lapid had previously filed Senate Res. No. 225 seeking a Senate inquiry, in aid of legislation, into the viability of “privatizing the jail management system” in the country, “with the end in view of decongesting the jails in our country and ensuring humane living conditions and adequate rehabilitative facilities for prisoners and inmates”. Nothing has happened to the resolution.
By:
Atty. Manuel Laserna Jr.
April 8, 2008
lcmlaw@gmail.com
