Conclusions and Recommendations
61
become insufficient and needs to be updated in the light of new legal developments.” 257
Apparently, this pronouncement by the Court still finds relevance now given the findings gathered
during the research on lock-up cells.
It is therefore recommended that the subject on the rights of the accused as embodied
under the Constitution and allied laws be incorporated to occupy a permanent chapter in all
human rights trainings for law enforcers.
2. Coordination.
In fairness to the law enforcers, some of the detention issues that surfaced during the
research are not entirely attributable to them. For instance, they cannot be faulted for the
protracted issuance of commitment orders because these directives do not emanate from them but
the courts.
Hence, getting other government bodies’ active involvement throughout the entire process
of criminal prosecution and trial is vital in ensuring that the human rights of PDL are preserved. In
the example given above, imparting the results of the research and recommending durable
solutions to the Supreme Court can very well address the problem of delayed issuance of
commitment orders or even trials.
It may be helpful to coordinate as well with the Public Attorneys’ Office (PAO), the
Integrated Bar of the Philippines (IBP), and lawyer organizations to breathe life into the
Constitutional right to counsel.
3.
Support of the Local Government Units
LGUs must take a more active role in supporting police stations. Operational costs may
be augmented by the enactment of ordinances giving police stations a monthly stipend. In
constructing police stations or PCPs, they must consider separate lock-up cells for LGBTs.
4. Strengthening active participation of appropriate Government Agencies.
a. DSWD
There should be no lock-up cells for CICL within the premises of police stations,
hence DSWD to provide or construct centers for CICLs.
b. PNP
b.1 The Philippine National Police must come up with specific policy on Police Lock-up
Cells or incorporate it on its Police Operation Manual. It should make the most
out of its membership in the Peace and Order Council so that the issue on
257
People v. Mahinay, G.R. No. 122485, February 1, 1999. See also, “The Current State of the Law on Custodial
Investigation,” a dissertation by Atty. Oscar G. Raro, IBP Journal Volume 37, No. 3 and 4 (2012).