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SC cites need for 'Writ of Kalayaan' to enhance PDLs' protection, address prison congestions
SC cites need for 'Writ of Kalayaan' to enhance PDLs' protection, address prison congestions
Two top justices of the Supreme Court (SC) have expressed the need for the Writ of Kalayaan to address “not only the congestions in jail facilities but also any issue that frustrates the inherent dignity and humane treatment of persons deprived of liberty (PDLs).”
In his speech at the Manila Hotel before the new lawyers of the Integrated Bar of the Philippines Caloocan-Malabon-Navotas (IBP-CalMaNa) Chapter last May 25, Senior Associate Justice Marvic M.V.F. Leonen reiterated the need to address the “colossal and perennial problem” of jail congestion.
In October last year during his jail visitations in line with the National Correctional Consciousness Week, Chief Justice Alexander G. Gesmundo declared that adopting a Writ of Kalayaan would help decongest the country’s overcrowded jails.
It was during Chief Justice Gesmundo’s visit at the Pasay City jail that he announced the holding of a National Jail Decongestion Summit to determine causes of prolonged detention of PDLs and address jail overcrowding.
The summit held last Dec. 6 and 7 in Manila was conducted by the Justice Sector Coordinating Council (JSCC) composed of the SC, the Department of Justice (DOJ, and the Department of the Interior and Local Government (DILG).
During the summit, President Marcos underscored the need for a “whole-of-government approach” to address the high congestion rates in the country’s prison facilities.
On Nov. 3, 2023, Manila Bulletin in its editorial stated: “There is no dispute that the country faces a jail congestion problem. Thus, we support any move to address this problem. However, it must be done in a manner that conforms with the five pillars of the country’s criminal justice system—Law Enforcement Process, Prosecution Process, Judicial Process, Penal or Correctional Process, and The Community. After all, everyone deserves humane treatment—the free as well as persons deprived of liberty.”
Before those events, as early as December 2020, relatives of so-called political detainees asked then Chief Justice Diosdado M. Peralta to institutionalize in the country's judicial system a Writ of Kalayaan as a legal remedy to check cases of “cruel, inhuman, and degrading punishment.”
The adoption of a Writ of Kalayaan was suggested in an opinion issued by Justice Leonen in the case of 22 PDLs who sought their release several years ago. Acting on the case, the SC remanded the cases of the 22 PDLs to the trial courts for immediate action on pleas for bail and release on recognizance.
In his opinion, Leonen proposed the adoption of the Writ of Kalayaan “when all the requirements to establish cruel, inhuman and degrading punishment are present.”
Among other extra-ordinary legal remedies, the judicial system now has the Writs of Habeas Corpus (on illegal detention), Amparo (on other rights aside from illegal detention), Habeas Data (on privacy of communication), and Kalikasan (on environment protection).
A technical working group of the SC for the Writ of Kalayaan is in the process of consulting stakeholders and revisiting and revising the rules to reflect their insights.
In his speech before the members of IBP-CalMaNa, Justice Leonen discussed the present condition of penal facilities in the country and PDLs in these facilities.
The SC’s public information office (PIO) said Leonen cited the latest World Prison Brief, where the Philippines ranked the third highest prison occupancy in the world at 362 percent.
The PIO said Leonen also mentioned a 2022 review of the Bureau of Jail Management and Penology (BJMP) by the Commission on Audit, where it found that about two-thirds of jails in the country are congested. A total of 323 of 478 BJMP jails experience high occupancy rates, leading to poor living conditions for PDLs.
“The Writ of Kalayaan is an extraordinary remedy for PDLs created through the Court’s constitutional power to promulgate rules concerning protecting and enforcing our fundamental rights,” Justice Leonen said.
“It intends to protect the PDLs’ right to life, right to health, and right against cruel, degrading, and inhuman punishment. It aims to rectify the conditions of confinement and address not only the congestion of facilities but any issue that frustrates the inherent dignity and humane treatment of PDLs,” he said.
Like the Writ of Kalikasan, the proposed Writ of Kalayaan will result in a court-monitored continuing order directing those in charge of the facility to comply with a court-sanctioned plan within reasonable time to rectify any cruel, inhuman, or degrading condition of confinement, he also said.
“The plan will include specific, measurable, attainable, realistic, and timebound objectives. If the plan is not complied with, PDLs will be released based on an order of precedence until the humane conditions within the facility are met,” he added.
He then told members and officers of IBP-CalMaNa: “Perhaps the IBP- CalMaNa will brainstorm on a program not only to alleviate the suffering of others but to actively advocate for this new writ.”
Justice Leonen is the chairperson of the SC’s committees on Human Rights and International Humanitarian Law.