Stranded justice stalls ruling on petition for release of health-risk prisoners

MANILA, Philippines – The delay in the resolution of a petition seeking the immediate release from prison facilities of the sick and elderly prisoners to decongest jails and prevent the spread of coronavirus disease 2019 (COVID-19) is because the magistrate in charge of the case is a locally stranded individual currently in his hometown in the Visayas.

“Unfortunately the member in charge cannot come now to Manila, there is no flight yet from his place in the Visayas coming to Manila,” Chief Justice Diosdado Peralta told reporters.

Under the high court’s rule, the member-in-charged is the member given the responsibility of overseeing the progress and disposition of a case assigned to him or her by raffle.

“But that is already submitted for deliberations and you know, what we do in the Supreme Court is that we cannot tackle something if it’s not deliberated upon and the one who will present to the en banc is the member-in-charge. So, I hope that he can come this Tuesday and I can assure you that once he’s here I believed that case will finally be now resolved,” he added.

Peralta is referring to the case filed by a group of political prisoners and detainees who are elderly, sick, and pregnant.

In their petition, they urged the high court to follow the lead of other countries that allowed the release of vulnerable detainees to protect them from the COVID-19 outbreak that could easily spread in tight spaces.

While Justices previously held videoconferencing sessions, Peralta said in this case it will be difficult because all questions will be directed to the member-in-charge.

“If we have to vote only and the deliberations have already been terminated, that might work. But, you cannot vote on something when there is no deliberation, and the one who will lead the deliberation is the ponente, that is the problem.

But Peralta is optimistic that the stranded magistrate in charge of the case would be able to travel back to Manila in time for next Tuesday’s en banc session since domestic flights have already resumed.

“I believe we can finish it this Tuesday,” Peralta said.

The same petition is asking for the creation of a Prisoner Release Committee, “similar to those set up in other countries, to urgently study and implement the release of all other prisoners in various congested prisons throughout the country…”

Among those named respondents in the petition were Local Governments Secretary Eduardo Ano, Justice Secretary Menardo I. Guevarra, Director Allan Sullano Iral of BJMP, and Director Gerald Q. Bantag of the Bureau of Corrections.

United Nations High Commissioner for Human Rights Michelle Bachelet already called for the immediate release of vulnerable prisoners all over the world.

Many countries have responded like the United States, Canada, Germany, Ethiopia, India, Indonesia, England, Ireland and Wales, Iran, Sri Lanka12 and Egypt began releasing hundreds to tens of thousands of prisoners because of the COVID-19 pandemic, it said.

While the high court has already set guidelines in order to release persons deprived of liberty, the Bureau of Jail Management and Penology (BJMP) has a total of 745 PDLs and 125 personnel have been infected with COVID-19.

Six prisoners have already died due to health complications while 388 have recovered.

RELATED STORY

SC asked to temporary allow release of ‘vulnerable members of prison population’