Health, age should be considered in release on recognizance of accused —Makabayan

The Makabayan bloc is seeking the inclusion of fragile health and advanced age as grounds for the release on recognizance of accused individuals.

House Bill 10535, filed by the bloc on Wednesday, seeks to make the constitutional right to bail or to be released on recognizance more accessible not only to those who have less in life but also to those who are entitled to it.

It aims to amend Republic Act 10389 or the Recognizance Act of 2012. The proposed measure aims to lessen the burden of the courts in determining who is entitled the right to be granted bail or released on recognizance.

The bill defines recognizance as a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.

It seeks to include those of "advanced age, or has fragile health and that the continued incarceration is injurious to the detainee's life or health, including a woman detainee whose pregnancy poses health risk to her or to the fetus in her womb."

The progressive lawmakers underscored that the bill honors Antonio Molina, a 67-year-old political prisoner who succumbed to stomach cancer on November 18, 2021. They said Molina was considered to belong to the older adults and have fragile health, are sickly or already impaired.

"Their continued incarceration may just be injurious to or will endanger more their health or life. Other PDLs who may just be as vulnerable are pregnant detainees whose pregnancies pose health risks to them or to the fetuses in their wombs," the lawmakers said.

The bloc also mentioned the releases of former senator Juan Ponce Enrile and former first lady Imelda Marcos after posting bail.

Enrile faced plunder charges due to his supposed involvement in the pork barrel scam but was released on bail due to his fragile health and advanced age. Meanwhile, Marcos, who was already convicted for anti-corruption law violations, was also granted bail.

"'Those who have less in life must have more in law' has been the long time injunction held on by courts to show that the poor and marginalized can hope that justice is on their side. However, the respective releases of Enrile and Marcos cannot deny the utterly unfair contrast of the application of the law."

Further, the bloc said the bill offers remedy to the overly congested penal institutions and correctional facilities across the country. —KG, GMA News