particularly public servants whom she believes are in the best position to bring
concrete and positive changes for the benefit of persons deprived of liberty and
reform in the system of handling their concerns. She urged them to keep with the
philosophy of restorative justice in mind and reminding them that it entails repairing
the harm costs or revealed by criminal behaviour through cooperative processes that
include stakeholders. In that spirit, she ensured that her words of advice were
transferred into action and possible solutions. Again, through a paradigm of
collaboration among various stakeholders, she sought inputs from everyone
including from the CHRP regarding necessary changes to the nation’s penal facilities.
In July 2011, she formed and convened a Technical Working Group (TWG) that was
mandated to “identify and address problems and concerns affecting the New Bilibid
Prison (NBP), Correctional Institute for Women (CIW), the five penal farms and
colonies and the entire Bureau of Corrections (BUCOR). This was done in close
cooperation with concerned agencies including the Boards of Pardons and Parole,
Parole and Probation Administration and Bureau of Corrections. These efforts
culminated in both executive level reforms within the concerned penal facilities as
well as broader legislative reforms primarily through the passage of Republic Act No.
10575 or the “BuCor Modernisation Act of 2013” which were achieved through the
cooperation of lawmakers in both houses of Congress.
III. Member of Parliament
Attorney Katherine C. stated that Senator De Lima however knew very well that the
reforms mandated at the agency and department levels and even the BuCor
Modernisation Act and its accompanying implementing rules and regulation were
not enough to serve as a panacea in the Philippines prison system.
Thus, when she leaves her post as the Secretary of Justice, she tried to solve the
perennial problem of over congestion in jails. Attorney Katherine C. mentioned that
the jail congestion rate as of October 2021 was at 408% while congestion rate in the
National Penitentiary was at 311% as of December 2020. At this level, a constant
challenge is to prevent perilous facilities which are not designed to handle such level
of occupancy from falling apart and depriving the rights of persons deprived of liberty
from even the most basic rights such as standard shelter and sanitation let alone the
higher aims of reformation, rehabilitation and reintegration. Even prior to the
outbreak of COVID-19, jails in the Philippines are already considered a death trap.
Attorney Katherine C. informed that more than 5,200 inmates die annually in the
country’s largest prison, the New Bilibid Prison.82 This happened due to
overcrowding, poor living conditions and inmate violence. Contributing to this is also
a lack of ready access to medical services. By 2019, there were only four (4) doctors
and 40 nurses attending a community of 18,000 prisoners. Currently, there are only
12 doctors for the 470 BJMP facilities nationwide.
82
Ernesto Tamayo, Chief Medical Officer of the Philippines during a Senate Hearing in 2019
63