COA: Supreme Court’s plea bargaining rules for drug cases ease jail congestion
MANILA, Philippines — The population in penitentiaries under the Bureau of Jail Management and Penology (BJMP) decreased last year due to plea bargaining rules, the latest report from the Commission on Audit (COA) said.
In an 80-page report, state auditors said there was a 7.56% decrease in the population of persons deprived of liberty, with 9,606 individuals released from 2022 to 2023.
According to the COA, the prison population in BJMP facilities decreased to 117,425 in 2023 from 127,031 persons deprived of liberty (PDLs) in 2022.
State auditors attributed the decrease in the population of PDLs in BJMP facilities to court orders issued under the Supreme Court's new ruling on plea bargaining for illegal drug cases.
“The new framework issued by the high court enables drug offenders to avail themselves of plea bargaining. This means that those caught in possession of very small quantities of shabu, marijuana, and other illegal drugs are now allowed under the new SC ruling to plead guilty to reduce jail sentences and lower fines,” COA’s report read.
State auditors added the BJMP was able to release a total of 22,383 PDLs due to the “ongoing implementation of paralegal programs” across the country.
Complementing the Supreme Court ruling is the continued enforcement of Republic Act 10389, or the Recognizance Act of 2012. This law grants qualified PDLs temporary release under recognizance, ensuring their appearance in court while avoiding unnecessary detention.
Despite the decrease in the prison population, state auditors urged the BJMP to address jail congestion as 324 out of 482 facilities nationwide remain overcrowded, with occupancy rates ranging from 101% to 2,927%.
According to state auditors, the situation inside the jail facilities is “far beyond the acceptable standards” under existing frameworks for the rights of inmates.
10 jail facilities unused
State auditors pointed out there are at least 10 prison facilities that are “not fully utilized and non-operational.”
According to the COA, six of these facilities are in the National Capital Region, two are in Region 1 and two are in Region 3.
In NCR, three jail facilities are temporarily utilized as quarantine centers for PDLs while construction of a perimeter fence progresses. The project, funded and implemented by the Quezon City local government, has completed its first phase, with the second phase expected to conclude by June 2024, according to state auditors.
“The perimeter fence is very vital in preventing PDLs’ jailbreaks/escape and avoiding easy access and passing of contrabands to and from the newly constructed jails. Thus, the transfer of PDLs in the newly constructed jail facilities will only commence upon completion of the perimeter fence,” COA’s report read.
“Had the perimeter fence been completed at the same time as the completion of jail facilities and the transfer of PDLs thereon been facilitated, the congestion rate of the Bureau would significantly decrease,” it added.
Construction of the Quezon City Jail Annex is also underway, but progress has been hindered by suspension orders and project delays, pushing back its expected completion, according to COA.
Meanwhile, the Metro Manila District Jail's main and additional facilities remain in a transitional phase. These will serve as detention centers for high-risk, high-profile detainees and foreign nationals starting May 2024.
Other effects of congestion
Aside from health and sanitation issues, jail congestion also worsened gang affiliation among PDLs, forcing many to join prison gangs for survival.
According to COA’s report, these gangs provide protection, social support and access to scarce resources within cramped detention facilities, creating a parallel system of control that often undermines institutional management.
To tackle these challenges, state auditors have outlined several key strategies, including collaborating with local government units and national government agencies to secure land donations for additional jail facilities.
It also recommended securing budget allocations for infrastructure projects such as perimeter fences, jail expansions and utilities, as well as accelerating the release of qualified detainees under the Good Conduct Time Allowance Law and Recognizance Act.
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