Metro Manila (CNN Philippines, April 9) — The House Committee on Justice has recommended the granting of provisional liberty to low-level offenders and elderly detainees during the national health emergency caused by the COVID-19 pandemic.
“Since the current COVID-19 crisis demands prompt action, there is a need to grant provisional liberty to detainees in highly congested jails outside the provisions of RA No. 10389, but still within the bounds of the Constitution and other existing laws,” according to the April 6 recommendation obtained Thursday. RA No, 10389 is the law allowing the release of detainees unable to post bail to the custody of a local authority.
The recommendation was given to the Peace and Order Cluster of the House of Representative’s Defeat COVID-19 Committee — an advisory and coordinating body to harmonize government efforts to combat the coronavirus disease.
Since inmates in congested jails and detention facilities are at risk of contracting the highly-contagious disease, the committee recommended “the decongestion of jails, even temporarily, during this crisis in order to prevent or otherwise mitigate the spread of the disease therein.”
An ad hoc committee shall determine the qualifications of the detainees to be granted with provisional liberty.
The qualifications include the following:
a. First-time offenders
b. Age – those who are sixty (60) years of age and above
c. Health – those with underlying health conditions associated with high risk of severe symptoms of COVID-19
d. Those who are detained for the commission of non-violent, bailable offenses, but have no capacity to post bail
e. Those with no history of jumping bail
The ad hoc committee shall also immediately identify highly-congested jails and detention facilities.
On average, there are 4-5 detained persons cramped in a space designed for one detainee. Based on the latest audit report of the Commission on Audit, the congestion rate of jails under the control and supervision of the Bureau of Jail Management and Penology is at an astounding 439.48% as of the end of 2018.
All persons denied liberty to be provisionally released will be regularly monitored by barangay officials and Philippine National Police personnel consistent with the guidelines and procedures of the enhanced community quarantine, the recommendation read.
The Department of Health on Thursday confirmed 206 new COVID-19 cases, bringing the country total to 4,076. Meanwhile, 21 more patients have died from viral disease, bringing the nationwide death toll to 203.
Authorities are urging people to practice regular hand washing, cover their mouth and nose when coughing and sneezing, and avoid close contact with those who exhibit virus symptoms.
