Writ of Kalayaan to improve penal facilities, ensure human rights in jails — Leonen

MANILA, Philippines — The proposed writ of kalayaan by the Supreme Court (SC) has the potential to “rectify” the conditions of confinement in jails and humane treatment of persons deprived of liberty (PDLs, Senior Associate Marvic Leonen said.

In a speech before the Integrated Bar of the Philippines Caloocan-Malabon-Navotas Chapter last May 25, Leonen emphasized the need to address the “colossal and perennial problem” of jail congestion in the Philippines. 

"The writ of kalayaan is an extraordinary remedy for PDLs created through the Court’s constitutional power to promulgate rules protecting and enforcing our fundamental rights," said Justice Leonen. "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," Leonen said. 

Citing the latest World Prison Brief, he said that the Philippines has the third highest prison occupancy in the world with 362%.

He also mentioned that 323 out of 478 jails experience a high occupancy rate which leads to poor conditions of the PDLs.

Leonen also emphasized that the proposed writ is not intended to resolve all the issues affecting penal facilities, nor is it meant to replace existing programs and policies implemented by other government agencies. 

"This remedy is designed to complement the ongoing efforts of the executive and legislative branches. It identifies the role of the courts and empowers them to contribute to addressing this social problem holistically and collaboratively," Leonen said.

“This [writ of kalayaan] is an active step for the judiciary to fulfill the same responsibility,” he added.

On Dec. 19, 2022, the SC’s panel on human rights recommended the approval of the writ of kalayaan which is said to aim to bolster the protection of basic human rights in the country.

However, the judicial relief has also been assailed by the Bureau of Corrections saying that the government is already addressing the predicaments in the country's prisons.