2020 Annual Report on the Human Rights Situation in the Philippines
51
Mechanism (INPM), despite the ongoing debate at the international level on whether or
not NPMs should give direct interventions during pandemic, agreed to engage themselves
to give direct service in terms of conducting webinars on maintaining mental health in
times of Covid for various jail and prison personnel.
164
Towards the end of the year in 2020, the INPM received a letter of request from Action by
Christians for the Abolition of Torture and Death Penalty (ACAT-Switzerland) posted on the
People’s Recovery Empowerment Development Assistance Foundation (PREDA) website
raising its concern about children in three Bahay Pag-Asa facilities within the National
Capital Region experiencing inhumane conditions in detention and violence committed
against them by the facility personnel. In response, the INPM did three remote monitoring
visits called e-dalaw (from the root word dalaw, which means “to visit”) at the Bahay PagAsa of Pasig, Pasay, and Marikina and one actual physical visit to the same facility in Pasig
City for follow-up purposes. All findings and observations were communicated to their
respective Mayors and Facility Center Managers with corresponding recommendations on
inadequacies observed. The INPM is poised to continue following-up on actions taken
on the recommendations forwarded to their respective LGU executives and facility/center
managers.
165
On 17 April 2020, the Supreme Court conducted its historic first virtual en banc session to
tackle the petition for temporary release.229 The Supreme Court ordered the government,
through the Office of the Solicitor General, to file its comment until 24 April 2020, and
the respondents to take all preventive measures necessary to address COVID-19 and to
submit verified reports within the same period.230 As of September 2020, the petitioners
were only informed through a press release about the rendered decision. “The decision is
to not rule on the holistic petition and would rather have trial courts assess the prisoners’
eligibility for bail.”231
166
In November 2019, Kadamay urban poor organizer Reina Mae Nasino, a 23-year-old
pregnant woman, was arrested for the possession of firearms and explosives after police
raided the Bagong Alyansang Makabayan office in Tondo.232
167
Nasino gave birth to River on 01 July 2020. The NUPL petitioned to allow her to remain
at the hospital and later at the Manila City Jail for a year to take care of her daughter, citing
the child’s basic right to be breastfed by her mother. The petition was denied, citing that
the jail has very limited resources to care for Nasino and her baby and that there were no
facilities for childcare at the jail. Baby River was given under the care of her grandmother
Marites Asis.
229
Patag, K.J., “SC to government: Answer inmates’ petition for temporary release amid COVID-19 crisis,” Philstar.
com,17 April 2020, available at https://www.philstar.com/headlines/2020/04/17/2007927/sc-government-answerinmates-petitiontemporary-release-amid-COVID-19-crisis, accessed 26 April 2020.
230
On April 24, 2020, the Office of the Solicitor General (OSG) submitted its Comment. OSG argues that the congestion
of jails and prisons is not among the grounds for the release of PDLs, including older persons and the sickly. Solicitor
General Calida further states that the failure of Philippine prisons and jails to meet the high international standards
does not warrant release of PDLs. In fact, the petition did not show any complacency on the part of the State and that
the existing guidelines on release of PDLs demonstrate that the government has already adopted measures to decongest
places of detention. With medical services available in prison and jails, it will be better for PDLs to remain incarcerated
during the pandemic. Buan, L. (“Congestion not reason: Calida blocks petition to release vulnerable prisoners,”
Rappler, 25 April 2020, available at https://www.rappler.com/nation/259031-calida-osg-comment-supreme-courtpetition-release-prisoners-coronavirus, accessed 25 April 2020.
231
Buan, L. “After 5 months, SC redirects vulnerable prisoners to lower courts for release petitions”, Rappler, 10
September 2020, available at https://www.rappler.com/nation/supreme-court-redirects-prisoners-lower-courts-releasepetitions-september-2020, accessed last 01 March 2021.
232
Buan, Lian. “Arrested in 2019 crackdown, jailed activist gives birth in pandemic” Rappler, July 02, 2020, available at
https://www.rappler.com/nation/jailed-activist-gives-birth-coronavirus-pandemic-july-2020, accessed last 09 March
2021.