COA: Drug war, slow legal process led to over capacity in BJMP jails

The Commission on Audit cited the government's intensified campaign against illegal drugs as well as the slow action in lower courts as reasons behind the overpopulation in the country's detention centers that reached an overcapacity of 612 percent in 2017.

As of December 31, 2017, COA said the Bureau of Jail Management and Penology holds a total of 146,302 detainees in district jails, city jails, municipal jails, extension jails, and female dormitories nationwide despite a total land area that can ideally accommodate 20,653 occupants.

"The jail populations for the year recorded an increase in various months due to the number of drug-related cases in the country as well as the court's slow or inaction on the pending cases caused by lack of judges, postponement of hearings and the slow disposition of criminal cases that carry the penalty of reclusion perpetua or life imprisonment," COA said in its 2017 audit report.

The Philippine National Police had said more than 140,000 drug suspects have been arrested since President Rodrigo Duterte launched his anti-drug campaign. 

State auditors said detainees living below the poverty line who are unable to post bail also led to the increase in the congestion rate at BJMP from the previous 511 percent in 2016.

The COA said this overcapacity exposed detainees to various kinds of illnesses such as upper respiratory tract infection, hypertension, abscess, scabies, prickly hear, tension type headache, acute gastroenteritis, arthritis, influenza, allergic rhinitis, asthma, irritant contract dermatitis, and fungal infections. 

Aside from health risks, COA said the condition at BJMP jails further forced detainees to join gangs who promised them safety and access to contraband.

"To sustain survival, inmates hold on to gangs or 'pangkat' where they find protection, network of social support and most important, access to material benefits. These situations are prevalent in highly congested facilities," the report read.

Calabarzon most congested

The COA said Region 4A, or Calabarzon Region, had the highest congestion rate of 975 percent among the country's 17 regions. It only has an ideal capacity of 2,106 but currently holds 22,634 detainees.

The top five most congested prisons include Regions 3 (802 percent), 9 (789 percent), 7 (775 percent), and 1 (674 percent). The Autonomous Region in Muslim Mindanao, on the other hand, has an under capacity of 49 percent where its 139 detainees is below the ideal capacity of 275.

The COA said overpopulation at detention centers violates the BJMP Manual on Habitat, Water, Sanitation and Kitchen in Jails and with the United Nations Minimum Standard Rules for the Treatment of Prisoners.

The BJMP manual pegged the ideal habitable floor area per inmate in a jail cell by 4.7 square meters, while 10 inmates is the maximum number of occupants per cell.

The COA said over capacity at BJMP persists even if the bureau had already introduced measures that can reduce inmates' jail sentences through the Good Conduct Time Allowance (GCTA), which grants detainees points equivalent to a reduction of their incarceration.

More jail facilities

The COA urged the BJMP to prioritize the construction of more detention centers, seek lot donations from local government units for potential jail sites, and accelerate its Paralegal Program for the speedy disposition of inmates' cases.

The COA also proposed to convert BJMP offices at district jails into additional cells and enhance the GCTA process to facilitate the release of good prisoners.

BJMP management in Regions 1, 2, 3, 4A, 5, 8, 9, 11, and the National Capital Region have responded to the audit report. These regions said they are already either awaiting proposals from prospective bidders or lot donations from LGUs.

The BJMP in NCR and Region 9 further said the Paralegal Program has been vigorously implemented to follow-up pending cases of inmates in lower courts. — RSJ, GMA News