Rizal 2nd District Rep. Fidel Nograles lauded the Department of Justice for giving the go-signal for the implementation of new rules easing application for parole and executive clemency to facilitate the decongestion of jails amid the COVID-19 pandemic.
The DOJ recently approved a resolution by the Board of Pardons and Parole on the Interim Rules on Parole and Executive Clemency, which widens the coverage of those eligible to apply for clemency and simplifies the process.
“We hope that this is only the first of many other steps the government takes to address the threat of infection in our congested prisons.”
DOJ Sec. Menardo Guevarra said Wednesday that the BPP will start implementing the rules on May 15, which is 15 days after its publication.
“We welcome the DOJ’s move, which speaks highly of their compassion and reassures us that the ears of our legal authorities are not deaf to our pleas for humanity,” Nograles, a Harvard-trained lawyer, said.
The House of Representatives’ Justice Committee, on which Nograles serves as Vice Chair, earlier urged government to release low-risk and vulnerable inmates to help curb the threat of an outbreak in jails.
The lawmaker, however, urged the DOJ to continue releasing persons deprived of liberty under the old rules.
“Sana hindi tayo magpatali sa date ng implementation, otherwise it might be too late. We don’t want a scenario where instead of implementing a preventive measure, we would be dealing with a full-scale disaster instead,” the neophyte solon said.
Under the Interim Rules, inmates who are 65 years old and above can apply if they have served at least five years of their sentence.
PDLs who are vulnerable due to poor health are also eligible, upon recommendation by the physician from the Bureau of Corrections (BuCor) and certified by the Department of Health (DOH).
The resolution excludes high risk inmates, and those convicted of heinous crimes or involving illegal drugs.
“We are confident that our authorities will be efficient in implementing this directive.”
The Interim Rules also streamline the requirements and procedure for the processing of applications for parole and executive clemency, as most of the documentary requirements are dispensed with except, for the Court Certifications of No Pending Case and No Pending Appeal, and a check on the records of the PDL at the National Bureau of Investigation.
The BPP is also mandated to double the number of caseloads for review and deliberation during its meetings to expedite the processing of applications.
“We hope that this is only the first of many other steps the government takes to address the threat of infection in our congested prisons. Dumarami na ang bilang ng COVID-positive sa ating mga selda, kaya kailangan ng agarang aksyon,” Nograles said.
According to the Bureau of Corrections, three inmates have already already died due to COVID-19: two from the Correctional Institution for Women, and another from the Medium Security Compound of the New Bilibid Prison.
47 other inmates from the CIW who have tested positive for the novel coronavirus are also under observation at Site Harry, the BuCor said.
Nine inmates and nine staff from the Quezon City Jail have also been confirmed positive, along with 126 inmates and 20 personnel at the Cebu City Jail.
“We are confident that our authorities will be efficient in implementing this directive, since based on President Rodrigo Duterte’s latest report, the Bureau of Jail Management and Penology already has an initial list,” the solon said.
“The BJMP has noted that out of 3,384 elderly persons deprived of liberty who are 60 years old and above and charged with light offenses or those punishable with arresto menor and arresto mayor, 1,927 have existing medical conditions and only 804 are nonrecidivists who may qualify for the proposed early release,” the president said in his fifth weekly report to Congress on Monday.
Nograles, a legal aid advocate, also said that PDLs can still communicate with their lawyers through the “e-dalaw” initiative which is being promoted by the Lakbay Hustisya Foundation in partnership with the Bureau of Jail Management and Penology.
The freshman solon is the founder of Lakbay Hustisya Foundation, a legal aid trust fund organized to support legal aid activities around the Philippines.
“Gumagawa tayo ng mga hakbang, sa pakikipag-ugnayan natin sa BJMP, para masigurong makakapanayam pa rin ng ating mga PDL ang kanilang mga abogado kahit suspended ang visitation rights,” said Nograles.
Lakbay Hustisya recently donated twenty five (25) sets of computers to the Bureau of Jail Management and Penology (BJMP) for distribution to different jails around Metro Manila for the implementation of “e-dalaw” (electronic visit) in lieu of physical visits to inmates due to the COVID-19 pandemic.
The foundation has also purchased fifteen additional computers to be donated in various jails in Visayas and Mindanao.
“These consultations will come in handy especially in light of the implementation of the Interim Rules. Makakatulong ang e-dalaw na mabigyang-linaw ang mga PDL sa kalagayan nila, lalo na sa isyu ng eligibility for parole or executive clemency.”