BuCor: Gov’t addressing jail woes, no need for ‘writ of kalayaan’

MANILA – The Bureau of Corrections (BuCor) on Thursday opposed the passage of the “writ of kalayaan” proposed by the Supreme Court’s (SC) Committee on Human Rights and International Humanitarian Law as a measure to address jail congestion and deteriorating prison conditions in the country.

In a position paper filed before the SC committee chaired by Associate Justice Marvic Leonen, BuCor director general Gregorio Pio Catapang Jr. said the long-standing problem of congestion is being addressed by the bureau under two laws — Republic Act (RA) 10575 (Bureau of Corrections Act of 2013) which provides for the modernization, professionalization and restructuring of the BuCor and RA 11928 which provides for the establishment of a separate facility for persons deprived of liberty (PDLs) convicted of heinous crimes.

The position paper also pointed out that “releases of PDLs by the Executive Department are also subject to the laws on bail, recognizance and probation enacted by the Legislature” and that executive clemency granted by the President is governed by the issuances of the Executive Department.

“Indeed, matters on jail conditions, treatment of PDLs, mode of PDL releases, and the like are best left to the discretion of the Legislature and the Executive,” the BuCor chief said.

The BuCor also explained that in line with the Department of Justice’s plan, it has formulated a five-year Development and Modernization Plan 2023-2028 to build regional prison facilities to decongest and modernize the existing penal institution and accommodate the increasing number of PDLs committed to the agency.

Under the proposed ‘writ of kalayaan’, it will be a continuing order that those in charge of the custody of PDLs to comply with the court-sanctioned plan to rectify or improve the substandard or inadequate conditions of prison facilities within a reasonable time and if not met, an order will be issued for the release of the PDL, either through bail, recognizance or probation, following the order of precedence until the facility have been brought to a humane level. — Benjamin Pulta (PNA)

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