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10% of convicts avail of probation

BAGUIO CITY (Oct. 19) — Ignorance of the law apparently keeps some convicted persons behind bars, even if the criminal justice system provides for means for them to remain in the community instead of actually going to prison. Only around 10% of those convicted have availed of probation, the regional Parole and Probation Administration (PPA) lamented at the Kapihan today.

At any given month, there are some 600 to 750 detained convicts in the Cordillera, according to probation officials. Jail management and penology authorities have a larger number because even those still on trial are being detained at present.

Regional Director Emilia A. Capili said almost all those who sought probation were granted. “The court denies only about 10%,” Capili said. She said that at P40 budget per prisoner, the government could have saved around P10 million had the community-based rehabilitation been opted for.

Capili disclosed that the criminal justice system now encourages a community-based rehabilitation program for offenders. However, the conditions at various jails in the region attest that convicted persons still do not avail of probation services.

“Maaring di nila alam na may pagkakataon silang lumaya through probation,” (It can be that they do not know that they have a chance to be free) Capili notes.

Probation is a privilege given to convicted persons of a criminal offense, subject to conditions imposed by the court and to the supervision of a probation officer. “It becomes a right once it has been granted,” PPA Assistant Regional Director Placido Gomez said, adding that only those sentenced to less than six years are entitled to probation.

According to probation officials, 15 days after the reading of the verdict, the convicted criminal may file for probation. The filing is free and it does not need the services of a lawyer. “Ang kaso lang, nakakaligtaan sabihan ang mga ito na may ganito silang pribilihiyo,” (The problem is, they are not informed that they have this privilege) Mary Ann Aranca, a probation officer said.

Capili said the community should help the inmates return to their normal lives. “We can prevent the break-up of families and restore the inmate’s human dignity by welcoming them into the community outside prison bars,” she appealed, as she announced that the probation office now wants to get volunteers for the community-based treatment program in relation to probation.

The volunteers should come from the community where probationers reside. The volunteer visits the person on temporary liberty then reports to the PPA his observations. He will undergo needed training and will be assisted by the Parole and Probation Office.

Detention cells in the Baguio City Jail now hold 524 inmates, according to Atty. Miguel Cawi, city jail warden. He said it should have only 10 detainees per cell but now some 18 prisoners are cramped in each of the 30 detention cells, or 200 persons more than it could accommodate.

The Bureau of Jail Management and Penology (BJMP) provide P40 to cover daily meals and incidental expenses for each detainee. However, there are a lot more problems in the jails than providing for the inmates’ meals, according to Cawi and Jail Chief Inspector Cesar Langawin.

Ideally, there should be one escort and a back-up when a prisoner reports for hearing, now there are three prisoners and one jail guard, with no back-up, Langawin disclosed.

In the Cordillera, including Baguio City, there are some 1,600 inmates. Around 79 of these are women and 50 youth offenders. Most of these inmates are in the provincial jail, according to BJMP records.

“If these detainees had availed of the probation services, then jail authorities could have been relieved of problems,” Capili pointed out. She added that restorative justice also considers the victim and not just the offender, saying further that there are civil indemnities due the victim that the offender may not be able to meet once he is imprisoned.

Aside from the court-granted probation, an inmate may apply for parole once he has served at least one-third of the minimum sentence. The president may also grant an executive clemency which may be a reduction of the sentence, a conditional pardon or an absolute pardon.

Capili also said that a pre-trial release of prisoners may help decongest the jails and help the offender by way of a faster rehabilitation. She mentioned that a conference with the victim may even facilitate the offender’s recognition of his guilt and remorse. # Lyn V. Ramo for NORDIS

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