‘Compassionate’ justice?
DOJ

‘Compassionate’ justice?

Sep 3, 2024, 7:52 AM
Catherine Go and Thattiana Khane Hipoit

Catherine Go and Thattiana Khane Hipoit

Writer

“Justice delayed is justice denied,” as an old saying goes.

But for many persons deprived of liberty (PDLs) in the Calabarzon region, that is the painful truth, as delays in processing their cases often meant that they stay behind bars longer than their sentences.

That was one of the main issues discussed during the 14th “Kapihan sa Bagong Pilipinas” forum organized by the Philippine Information Agency (PIA) in San Pablo City, Laguna last August 27.

During the forum, officials from the Department of Justice in Region IV-A – Public Attorney’s Office (PAO) Regional Public Attorney Howard Areza, Parole and Probation Administration (PPA) Director Shirley Fernandez, and National Prosecution Service State Prosecutor Josef Albert Comilang – discussed the achievements, as well as the concerns of people regarding cases, probation, and legal assistance by the DOJ.

Multiple cases

One of the issues raised by local media during the “Kapihan sa Bagong Pilipinas” forum is the delays in the processing of cases of many PDLs in the Calabarzon region.

Members of the media forwarded concerns from the public (as well as from relatives of some PDLs) that some of them remain incarcerated long after they were supposed to be released from prison.

Government officials attributed these delays to the fact that some of them have multiple “counts” or sentences that they have to serve before they could be released from imprisonment.

“We acknowledge na karamihan po sa mga PDLs na inilalapit ang mga kaso sa amin ay mga senior citizen na, o di kaya may mga karamdaman na po. Pero minsan po kasi, multiple counts po ang kinakaharap nilang mga kaso, so kapag na-serve na po nila ang sentensiya nila sa isang kaso, may kailangan pa po silang i-serve na sentensiya bago sila tuluyang mapalaya,” they explained.

Lack of lawyers?

Areza, on the other hand, acknowledged that the lack of staff at the PAO has also contributed significantly to the backlog of cases.

The PAO regional head disclosed that there are only 267 total number of lawyers and a total of 66 staff who handle thousands of cases.

However, he noted that they are now looking for the applications and ensuring the quality and credentials of the lawyers who wish to serve at the PAO.


On the other hand, National Prosecution Service IV-A, State Prosecutor Josef Albert T. Comilang stated that they are also collaborating with lawyers of PAO to help them with pending cases.

“Sa ngayon, pinipilit po ng aming mga taga-usig sa lahat ng panig ng Region IV-A na magkaroon po ng double o triple tasking,” he added, in reply to a query from OpinYon Laguna.

PPA Director Fernandez, being in the same situation as the two other offices, urged local media to support the upcoming modernization bill of PPA that aims to add probation offices and officers to cater to all the cases of investigations and referrals.


Reducing jail congestion

The three officials noted that such efforts are now being fast-tracked not only to ensure that PDLs who have served their sentences are finally returned to their families but also to resolve the issue of overcrowded penal facilities and court docket congestion which delays the resolution of cases.

From July 2022 to March 2024, a total of 11,940 PDLs in Calabarzon were released following a comprehensive review of their records, Prosecutor Comilang reported.

Additionally, the introduction of a new Case Build-Up (CBU) rule has resulted in the dismissal of 7,114 weak cases, reducing court docket congestion.

Additionally, Comilang said 3,474 PDL were granted parole, 1,684 were recommended for executive clemency, and 92 were granted executive clemency.

“The DOJ has issued new guidelines to assess pending cases and recommend dismissal when there is insufficient evidence for conviction. This shift means that the rule on probable cause is no longer applied,” he said. (With additional report from PNA)

(Photo by Thattiana Khane Hipoit)


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