MANILA, Philippines - The Commission on Audit (COA) reported yesterday that Metro Manila’s district, city, and municipal jails are so congested than each inmate actually has less that a square meter of space to stand on.
“It implies that there are overpopulated inmates in a cell with limited space and under staff jail officers which caused Bureau’s ineffective performance in promoting the general welfare and development of its personnel and improving conditions of inmates in accordance with the accepted standards set by the United Nations,” the COA report said.
Based on the report, a total of 17,656 detainees were kept in only 16,283 square meters of land covering 24 different facilities in the National Capital Region (NCR) in 2010.
This shows that Metro Manila's jails are congested by 410 percent, which does not comply to the standards set by the Bureau of Jail Management and Penology (BJMP) manual, the drafting of which was supported by the International Committee of the Red Cross.
According to the state auditor, for 17,656 inmates, the jail facilities should have a total ideal cell area of 82,983 square meters.
The COA report also noted that based on the Bureau of Jail Management and Penology’s (BJMP) Monthly Operation Report for the month of December 2010, a number of 1,220 inmates suffered congestion.
Since jail cells have limited floor space, “inmates were not well contained in terms of proper ventilation, intensity of lighting, personal hygiene and sanitation, and sleeping needs due to excessive numbers of occupants.”
The COA report said inmates in the district, city, and municipal jails are susceptible to diseases and other illness.
According to Custodial and Inmate Ratio data and Escort and Inmate Ratio for December 2010, the bureau also needs more manpower to effectively do its job.
The report added, the delay and/or failure in the implementation of the construction, repair and renovation of jail facilities due to lack of funds, lack of financial capacity of the contractor and clustering of different jails has derailed the bureau’s decongestion program.
The state auditor said the construction of the Malabon City Jail is yet to be completed and though the construction of New Taguig City Jail was completed on June 15, 2010, it has not been fully paid as of Dec. 31, 2010.
Records show that there are about 553 Taguig male inmates and 49 female inmates who are expected to be transferred in the new facility.
The Malabon City Jail and the New Taguig City Jail have a cell area of about 1,055 and 900 square meters, respectively, and had the same been finished on time, “it could have lowered the congestion rate from 410 percent to 355 percent or a decrease by 13.41 percent.”
“It is apparent from the computed decrease in congestion rate that the BJMP has still to carry out more projects in order to attain its goal of providing the ideal cell area per inmate. This, together with the other programs of decongestion that are in place need to go hand in hand to be able to truly decongest the jails in the NCR,” the COA report said.
COA further reported that in Region II, despite the eminent danger posed by the deteriorated jail building in Aparri, Cagayan, inmates still occupy the unsafe vertical structure while management could not immediately undertake refurbishment of the existing ones or construction of a new one due to the lack of fund-capital outlay on one hand, and a lot where a new building could be erected.
“This condition has not been in accordance with the rules set on ‘inmates’ welfare and development’ as well as the ‘guiding principles’ envisioned in the UN Standards in the Treatment of Inmates,” the audit team said.
In Region VI and VII, the COA report said the government stands to lose P35.6 million and P7.2 million worth of structures respectively due to the construction of jails and jail facilities on lots which are not absolutely owned by the government.
In Region X, the construction of three jail buildings valued at P5.4 million were found deficient and delayed due to “lack of financial capacity of the contractors concerned and their failure to comply with the stipulations of the contract. Also, no liquidated damages have been imposed on them for the delay contrary to Section 68 of RA 9184.”
Of the five projects undertaken by the BJMP, the COA report said only the construction of the Valencia City Jail building contracted to Sto. Niño Construction has been successfully completed on time as well as construction of Ozamiz City Jail building, Phase II which “is doing fast of its accomplishment.”
“The rest have lapsed already of its due date. So much so, no liquidated damages have been imposed on them for the long delay,” state auditors said.
They stressed that defaulting contractors should be made to pay liquidated damages for the delay in their work because the delay was caused by their negligence for failure to perform and deliver services as stipulated in the contract.
In Region XII, the COA report said the clustering of different municipal jails into districts within Regional Office XII resulted in the congestion of inmates.
Records show that in 2000, then BJMP chief Chief Superintendent Arturo Alit requested for the clustering of municipal jails into district jails to regulate expenditures on maintenance; other operating needs and budgetary costs of jail facilities;and reduction in the deployment of jail personnel.
As a result, state auditors said the municipal jails of Malungon, Maasim and Maitum, all in Sarangani Province; Tampakan and Sto. Niño, South Cotabato; and Isulan District, Sultan Kudarat had been vacated for almost 10 years.
In its recommendations, COA said the BJMP should see to it that projects in the NCR are constructed and/or repaired immediately with officials ensuring that unnecessary delays will be avoided and that the transfer of inmates to the newly completed jails will be done.
In other areas, state auditors said the bureau should prioritize construction programs and projects “so as to ensure that the human rights and welfare of inmates are upheld at all times.”
