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Writ of Kalayaan to improve penal system – Leonen
By J.Lo
“Writ of kalayaan is extraordinary remedy for PDLs created through Court’s constitutional power to promulgate rules protecting and enforcing our fundamental rights…it intends to protect PDLs’ right to life, right to health, and right against cruel, degrading, and inhuman punishment… aims to rectify conditions of confinement and address not only congestion of facilities but any issue frustrates inherent dignity and humane treatment of PDLs ” Senior Associate Marvic Leonen said proposed writ of kalayaan by Supreme Court (SC) has potential to “rectify” conditions of confinement in jails and humane treatment of persons deprived of liberty .
In speech before Integrated Bar of the Philippines Caloocan-Malabon-Navotas Chapter last May 25, Leonen emphasized need to address “colossal and perennial problem” of jail congestion in the Philippines.
Citing latest World Prison Brief, he said Philippines has third highest prison occupancy in the world with 362%.
He also mentioned that 323 out of 478 jails experience high occupancy rate leads to poor conditions of PDLs.
Leonen also emphasized proposed writ is not intended to resolve all issues affecting penal facilities, nor is it meant to replace existing programs and policies implemented by other government agencies.
“This remedy is designed to complement ongoing efforts of executive and legislative branches… identifies role of courts and empowers them to contribute to addressing this social problem holistically and collaboratively, writ of kalayaan is active step for judiciary to fulfill same responsibility, ” Leonen said.
On Dec. 19, 2022, SC’s panel on human rights recommended approval of writ of kalayaan aim to bolster protection of basic human rights in the country.
However, judicial relief has also been assailed by Bureau of Corrections saying government is already addressing predicaments in the country’s prisons.
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