WHEN the Covid-19 pandemic reached the country in March, the government placed almost the entire country either on a total lockdown or under varying levels of quarantine to prevent more infections and deaths due to the virus.
The judiciary was not spared, as Chief Justice Diosdado Peralta was forced to suspend all court operations nationwide for several weeks and subsequently, albeit gradually, resumed court operations through the adoption of videoconferencing in May, as part of the measures to prevent the spread of the virus.
However, for the more than 80,000 persons deprived of liberty (PDLs) who were abruptly released from jails to prevent an outbreak of Covid-19 in congested prison and detention facilities, the pandemic had given the word lockdown a new meaning—freedom.
Records show that the number of prisoners released under the “new normal” from March to October 2020 is much higher than the same period last year, when all courts were operating under normal circumstances and usual legal proceedings.
The large number of PDLs being released from jails can be attributed to the various measures the Supreme Court adopted immediately after the World Health Organization (WHO) declared that the Covid-19 outbreak is already a Public Health Emergency of International Concern and the Department of Health’s confirmation of a Covid-19 case early this year.
A total of 52 circulars from January to October of this year were issued by the SC in a bid to keep the wheels of justice rolling even during the pandemic.
Community service, bail reduction, videoconferencing
THESE circulars gave way to the electronic filing of criminal complaints and posting of bail, as well as the electronic approval of bail and release order; pilot testing of hearings of criminal cases through videoconferencing; and reduction of bail and recognizance for indigent PDLs, among others.
In its most recent circular, the SC-Office of the Court Administrator approved the guidelines to implement Republic Act 11362 or the Community Service Act signed into law by President Duterte on August 8, 2019.
The law aims to promote restorative justice and jail decongestion by allowing the court, at its discretion, to require community service in jail for offenses punishable by arresto menor and arresto mayor.
The duration of the penalty of arresto mayor is from one month and one day to six months.
On the other hand, the duration of the penalty of arresto menor is from one day to 30 days.
Likewise, to fast-track court proceedings and slow down transmission of Covid-19, Peralta has given lower court judges the go-ahead to allow the parties in a case to appear remotely.
Just last month, the SC-OCA issued Circular 161-2020 allowing all trial courts nationwide to hold their hearings via videoconferencing for both criminal and civil cases.
In April, the SC saw the urgent need to further decongest the country’s detention facilities during the state of public health emergency; thus, it issued a circular ordering the reduction of bail and recognizing as modes for releasing indigent PDLs during the period of public health emergency, pending resolution of their cases.
As part of measures to decongest detention facilities, the Court issued a circular reminding all judges to adhere to the guidelines for decongesting holding jails by enforcing rights of the accused to post bail and to speedy trial.
All judges were also directed to immediately act on cases of PDLs who have been detained for a period at least equal to the minimum of the penalty of the offense charged, and if warranted, they may release such detainees on their own recognizance.
10,000 PDLS freed each month
THE measures adopted by the Peralta-led Court to hasten court proceedings under the current health crisis have led to the release of more than 10,000 PDLs every month since March.
Data from the SC and the Public Attorney’s Office (PAO), which renders legal assistance and counseling to indigent litigants and defendants in criminal and civil cases, showed that most of those who benefitted from these measures are considered indigent PDLs.
Two months after the government declared a state of public health emergency in March, the SC reported that a total of 18, 355 PDLs were released from detention through videoconferencing.
The figure jumped to 43,171 PDLs released for the month of March up to July 3, including children in conflict with the law (CICL).
By August 14, a total of 58,625 PDLs had already been released by trial courts in various parts of the country.
Speaking before the first-ever online Annual Convention of the Philippine Trial Judges League Inc. (PTJLI), Peralta acknowledged that there is a need to simplify the flow of cases in courts in this time of pandemic.
“While the number of these procedural reforms may seem overwhelming, keep in mind that these amendments are all geared towards a more efficient delivery of justice through faster resolution of cases,” Peralta said.
As of October 16, Peralta reported that a total of 81,888 PDLs have been released, 46,032 of them through videoconferencing, including 880 CICL.
Out of 81,888 released PDLs, a total of 19,173 benefitted from the reduced bail and recognizance.
On the other hand, 2,980 were released after serving their minimum imposable penalty recognizance and 8,669 through probation or fine.
Meanwhile, 4,575 PDLs were released following the dismissal of their cases; 1,556 through acquittal; 3,904 after serving their minimum penalty, and 5,175 through served maximum penalty.
For CICL, 211 were released due to suspended sentence; 319 either due to dismissal of their cases, acquittal or through bail; 212 through termination and closure of diversion; and 138 through probation, payment of fines or through the grant of habeas corpus.
Indigents
Meanwhile, PAO records showed a total of 31,055 indigent PDLs have been released since the start of the pandemic in March up to August for various reasons.
Out of 31,055 indigent PDLs, 4,348 were released between March 16 and April 30; 6,381 were released in May; 7,119 in June; 6, 974 in July and 6, 233 in August.
The figure is higher compared to the same period of last year which showed 6,661 PDLs were released in March 2019; 5,878 in April; 5,070 in May; 5,545 in June; 5,156 in July and 5, 816 in August.
PAO Chief Persida Acosta said the usual criminal cases of detainees who benefitted from SC’s measures to decongest jails are violation of health and quarantine protocol, violation of curfew hours and liquor ban, common crimes such as unjust vexation, theft, resistance and simple disobedience, direct assault, attempted homicide, illegal gambling, unlawful possession of firearms and ammunition and drug-related cases.
“The common account from our district offices points to the lowering of bail, relaxation of rules on requirements, and active monitoring of cases as the main factors for the releases during the Covid-19 pandemic,” Acosta said.
However, there were PDLs who were not lucky despite going directly to the SC to secure their release on humanitarian grounds.
Exceptions
In one case, 22 detainees petitioned the Court to allow their release as they are at risk of getting the virus due to their health conditions and old age.
Instead of acting on their petition, the SC decided to pass to the trial courts the burden of deciding whether they are qualified to be released through bail or recognizance.
The SC explained the decision was reached after exhaustive deliberations by the magistrates, considering that the petition presented several complex issues with far-reaching implications.