GUILTY AND NOT GUILTY! 
by Dr. Romulo A. Virola ¹ 
Secretary General, NSCB

The Philippine Criminal Justice System serves as the machinery by which the government enforces the rules of conduct necessary to protect life and property, and maintain peace and order. It consists of five interrelated pillars, namely: (1) community/public safety; (2) law enforcement; (3) prosecution; (4) adjudication/courts; and (5) correction². The Corrections Pillar is concerned  with the rehabilitation and reintegration of convicted offenders into the mainstream of society, upholding their human rights and dignity through speedy legal and administrative processes and provision of scientific and spiritual programs. The correctional system comprises of the institutions, mechanisms and interventions relative to the confinement of convicted offenders and detention of those awaiting trial, as well as the process of  rehabilitation through probation, parole and pardon³.Statistically Speaking dedicates this article to statistics on jails and prisons and on children in conflict with the law, sourced from the Bureau of Jail Management and Penology (BJMP), the Bureau of Corrections (BuCor) and the Department of Social Welfare and Development (DSWD).

We realize of course that, like many other systems,  the criminal justice system is not a perfect system. We have heard many stories about perpetrators of injustice and intolerance who have gone scot-free; more sadly, there have been cases where our court system declares the innocence of suspects and are released from our jails and prisons but only after having been incarcerated for the most productive years of their lives. What a pity! Such grave injustice! Some of you may still remember Jericho inGreen Rose. Or you might be following Raul and Noemi in “Sinner or Saint”? And those investigative reports sensationalized on prime time television to call attention, yes,  to injustices under our penal system, but at times invading the privacy of persons all for the ratings game! What about the possibly many untold stories of citizens who continue to languish in jails and prisons somewhere in the Philippines, stories that could vividly depict a criminal justice system that has been destroying the lives of innocent individuals and those of their families? Yes,  our correctional institutions, unfortunately,  are home to inmates,  both the  guilty and not guilty!

It is therefore important, nay imperative, that something is done about the oppressively slow pace of disposition of court cases in our country. How true, indeed, that justice delayed is justice denied! And when one realizes that many of the victims of such delays are the poor, it becomes criminal not to institute reforms in the criminal justice system. Do we lack judges and justices? Is it a case of corruption in the courts? Greed, maybe? Or plain inefficiency?

We also have heard sad stories of inmates who actually prefer to remain in jail or in prison. Because, they have no more families; because their families have deserted them. Because  they get better treatment inside prison where at least they eat three square meals a day,  than outside,  where society has ostracized them out of a dignified existence. Poignant tales, but when we reflect on it, also perverse!

Not that these stories do not happen elsewhere! They happen everywhere! But we need not be reminded that our battle for good governance should include taking care of those who have gone astray! Surely, many of them have violated norms of conduct in a civilized society. But many of them probably need professional help, without which it becomes inevitable that they turn recidivists and continue to be a problem to our society. Thus, they also deserve to be led  tungo sa tuwid na landas! The Bible and I am sure, the Koran and other Holy Books,  tell us so!

But do you know the difference between a jail and prison⁴? A jail is a place of confinement for inmates under investigation for violation of the law, or those awaiting or undergoing trial, or those awaiting final judgment, called the detention prisoners or those serving short-term sentences, generally three years and below, also called the local prisoners.   Jails include provincial, and the district, city and municipal jails managed and supervised by the provincial government (Office of the Governor) and the Bureau of Jail Management and Penology (BJMP), respectively, which are both under the Department of the Interior and Local Government (DILG). These jail facilities are scattered in every municipality, city and district of the seventeen administrative regions of the country.

On the other hand, a prison houses those who have been convicted and sentenced by a competent court or authority and refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an agency under the Department of Justice.

Prisoners are further classified as follows: (a) insular or national prisoner  who is sentenced to a prison term of three years and one day to death; (b) provincial prisoner or one who is sentenced to a prison term of six months and one day to three years; (c) city prisoner who is sentenced to a prison term of one day to three years; and (d) municipal prisoner or one who is sentenced to a prison term of one day to six months.

Correctional facilities in the country are administered and supervised by responsible bureaus  under different departments, depending on the type and/or penalty of the offenders concerned.  There are three (3) major departments involved in the Philippine correctional system: the Department of Justice (DOJ), the Department of the Interior and Local Government (DILG), and the Department of Social Welfare and Development (DSWD).

The DILG supervises the provincial, district, city and municipal jails through the provincial governments, and the Bureau of Jail Management and Penology (BJMP), respectively. The DOJ supervises the national penitentiaries through the Bureau of Corrections (BuCor), administers the parole and probation system through the Parole and Probation Administration (PPA), and assists the President in the grant of executive clemency through the Board of Pardons and Parole (BPP). The DSWD supervises the regional rehabilitation centers for youth offenders through the Bureau of Child and Youth Welfare (BCYW).

After twelve years of existence as a separate agency under the DILG, the BJMP still shares its responsibilities with the Philippine National Police (PNP). The involvement, however, of the police in jail management and penology is a temporary arrangement. Because of lack of BJMP personnel and capacity to accommodate all detainees, the temporary holding cells or jails of PNP headquarters nationwide still hold a number of detainees and sometimes prisoners.

The BuCor supervises seven major prison facilities, namely: (1) National Bilibid Prison (NBP) in Muntinlupa City; (2) Correctional Institution for Women (CIW) in Mandaluyong City; (3) Iwahig Prison and Penal Farm (IPPF) in Palawan; (4) Davao Prison and Penal Farm (DPPF) in Davao; (5) San Ramon Prison and Penal Farm (SRPPF) in Zamboanga; (6) Sablayan Prison and Penal Farm (SPPF) in Mindoro Oriental; and (7) Leyte Regional Farm (LRF) in Leyte.  The bulk of the prisoners are confined at the National Bilibid Prison (NBP) in Muntinlupa City.

The provincial jails or rehabilitation centers including sub-provincial extensions are administered by the respective provincial governments under the Office of the Governor.

The Bureau of Child and Youth Welfare of the DSWD administers the  regional rehabilitation centers for youth offenders or children in conflict with the law (CICL). Presidential Decree No. 603, as amended, was promulgated to provide for the care and treatment of youth offenders from the time of apprehension up to the termination of the case. Children in Conflict with the Law (CICL), also called youth offenders orjuvenile delinquents, refer to those young people who are alleged as, accused of, or adjudged as, having committed an offense under Philippine laws. These include minors who are over nine years but under eighteen years of age at the time of the commission of the offense. The BCYW provides intensive treatment for the rehabilitation of youth offenders or children in conflict with the Law (CICL) on suspended sentence.

And now, what do the statistics on our correctional institutions tell us?

JAIL POPULATION

In 2010, there were 59,289⁵ inmates in BJMP jails, an increase of 2.9% from 2009.  Of this total, 56,479 or 95.3 % were detained, and 2,810 or 4.7%  were sentenced, representing an increase of 3.3% and a decrease of 4.7%, respectively, from 2009. In addition, 1,147 were in PNP jails on a temporary basis in 2010, an increase of 5.0% from 2009. (Table 1)

Almost one-third of the BJMP jail population are in NCR. Jail concentration is also relatively large in  Region IV-A (CALABARZON), 12. 4%, and in Region VII (Central Visayas), 11.6% . (Table 1)

Lowest BJMP jail populations of less than 2.0% each are in ARMM, MIMAROPA, Caraga, and CAR. (Table 1)

Largest percentage increases in BJMP jail population between 2009 and 2010 were recorded in Caraga (38.0%), SOCCSKSARGEN (36.4%), Davao Region (16.6%), and Cagayan Valley (13.7%) (Table 1)

Four regions experienced a decline in BJMP jail population from 2009 to 2010: ARMM, by 7.9%; MIMAROPA, by 3.7%; NCR, by 2.2%; and Bicol, by 1.0%. (Table 1)

ESCAPE FROM JAIL

The number of escapees from Philippine jails went down from 53 in 2009 to 45 in 2010. There were no escapees in Eastern Visayas and in ARMM in both 2009 and 2010. Also, the percentage of recovery/recapture improved from 45.3% in 2009 to 48.9% in 2010. Hundred percent recovery was recorded in Western Visayas ( 2009 and 2010), Central Visayas (2009), Ilocos (2009) and Northern Mindanao (2009). (Table 2)

The most number of jail escapees in 2010 occurred in Central Visayas (9), Davao (7), and MIMAROPA (5), despite its having one of the lowest jail population ; and in SOCCSKSARGEN (18) and Bicol (9) in 2009. Out of the 18 who escaped in SOCCSKSARGEN in 2009, only 2 were recaptured. (Table 2)

The least number of escapees occurred in the first quarter of the year, less than one-half of the escapees in each of the other quarters. Maybe too groggy from the hangover during the holidays to plan their escape?  Or they would rather spend their Valentine’s inside the jail? (Table 3)

JAIL CONGESTION

The BJMP jails numbering 423 had a total cell area of 50,351 square meters in December 2010. The biggest cell areas are for jails in NCR, Central Visayas and CALABARZON. The smallest are in ARMM, Caraga, MIMAROPA, Eastern Visayas, and CAR. In terms of number of jails, CALABARZON, Eastern Visayas, and Bicol have the most.. (Table 4)

With an “ideal” jail density of 4.7 square meters per inmate, on the average,BJMP jails house more than 4 inmates too many.  The national jail congestion rate in December 2010 was 446.1%. The congestion rate is the number of extra inmates over the jail capacity. The most congested jails are those in CALABARZON, in spite of its having one of the largest areas, Central Luzon, Davao,  Eastern Visayas, and NCR. The least crowded are those in MIMAROPA, Caraga and ARMM, in spite of their being the smallest,  and in SOCCSKSARGEN. (Table 4)

PROFILE OF BuCor PRISONERS

The total number of prisoners in the BuCor penal institutions slightly increased by 0.01% from 35,934 in 2009 to 35,937 in 2010.  In 2010, NCR posted the highest number of prisoners at 9,785 prisoners or 27.2% of the total number. Other regions with larger shares, both in 2009 and in 2010,   are Southern Tagalog, Eastern Visayas and Central Visayas. While there was a negligible change in the national total of prisoners, there was a noticeable increase in the number of prisoners in Caraga, from 843 in 2009 to 1,417 in 2010. (Table 5)

On the other hand, there was a noticeable decrease in the number of prisoners in CAR, from 695 in 2009 to 293 in 2010. Regions with the lowest shares of BuCor prisoners are ARMM and CAR, with less than one percent each. (Table 5)

In 2010, about 63 out of every 100 BuCor prisoners were aged 22-39 years, generally the most productive years in one’s life; 30 were 40-59 years of age; 4 were senior citizens. Maybe about time we considered commuting the remaining sentence of senior citizens by 20%? (Table 5)

There are more single prisoners (46.5%) than  married ones (40.5%). (Table 5)

About 44 per 100 prisoners are either illiterate or have not finished elementary school. Which goes to show how important education is! But not always, as 10 out of 100 prisoners reached college!! (Table 5)

The biggest group of prisoners were employed in agriculture (35.5% in 2010). (Table 5)

Reflecting the population profile, close to 80% of the prisoners are Catholic. (Table 5)

There are 187 foreigners serving prison terms in the Philippines. (Table 5)

In 2010, the majority of prisoners, numbering 20,535 prisoners or 57.1%  were convicted of crimes against persons(i.e., murder, homicide, physical injury and abortion, among others); followed by prisoners convicted of  drug-related crimes, 5,001 or 13.9%; prisoners convicted of  crimes against property (i.e., robbery, theft, carnapping, etc.), 3,950 or 11.0%; and prisoners convicted of crimes against chastity, 3,199, or 8.9%. (Table 5)

Noticeable were the increases in the number of prisoners convicted of crimes committed by public officers⁶ from 38 in 2009 to 66 in 2010, up by 73.7%; crimes against national security and the law of nations from 151 in 2009 to 245 in 2010, up by 62.3%; crimes against chastity from 2,564 in 2009 to 3,199 in 2010, up by 24.8%; and crimes against personal liberty and security⁷ from 180 in 2009 to 216, up by 20.0% in 2010. (Table 5)

Bothersome is the fact that almost half of the prisoners (47.5%) confined in the seven prison facilities throughout the Philippines in 2010 were under maximum security (prisoners who are  sentenced to life or death penalty are placed  in prison facilities with maximum security). In fact, less than 10% of the prisoners fall under the classification of minimum security. (Table 5)

SERVICES FOR BJMP PRISONERS

The service facilities of the BJMP that benefit the most number of prisoners are those on basic needs, interfaith, cultural and sport development, health, Therapeutic Community Modality Program, and paralegal. (Table 6)

CHILDREN IN CONFLICT WITH THE LAW (CICL) SERVED BY DSWD

The number of children in conflict with the law served by the DSWD declined by more than 50.0% from 2,631 in 2009 to 1,207 in 2010. More than 94.0 % of the children are boys and the decline was mainly caused by the reduction in male beneficiaries from 2,549 in 2009 to 1,135 in 2010. The big reductions occurred in Western Visayas, Central Visayas, Northern Mindanao, and SOCCSKSARGEN.  It is not clear whether the substantial reduction is due to the decrease in the number of CICLs or in the capacity of the DSWD to provide services. But since our “children are our future”, it behooves the DSWD to make sure this program is not sacrificed. (Table 7)

In 2010, most of the CICLs served were in CALABARZON, Central Luzon, Central Visayas, Ilocos,  and Davao. (Table 7)

THE COST OF JAILS AND PRISONS TO GOVERNMENT

The General Appropriations Act (GAA) for 2011 allocates Ph P5,151,027,000 to the BJMP with an estimated  65,165 inmates; and Ph P1,510,626,000 to the BuCor with an estimated 39,545 inmates. Thus, the government has allocated Ph P79,045.91 per BJMP inmate and Ph P38,200.18 per BuCor inmate for 2011.  The cost disparity arises from the expensive maintenance of BJMP jails which are widely dispersed throughout the country.

Under the GAA, the subsistence allowance  or the budget for food for each detainee/prisoner is  pegged to P50 per day or  P18,250  per year. The medicine allowance per detainee/prisoner is P3.00 per  day or  P1,095  per year.   The two allowances together amount to P19,345 per detainee/prisoner, whether in the BJMP, or in BuCor.

On the other hand, in 2009, the per capita food threshold was estimated by the NSCB at Ph P11,685 while the poverty threshold was Ph P16,841. Using the CPI inflation to move these numbers forward to 2011,  the food poverty threshold and the poverty threshold  in 2011 amount to about Ph P12,478 and Ph P18,157, respectively. Hence, the subsistence allowance alone  of  one BJMP/BuCor  inmate already exceeds the national    per capita  poverty threshold  in 2011. No wonder therefore, that some prisoners would rather stay in jail! We were taking care of our prisoners, or at least we were supposed to,  while our innocent poor were languishing in poverty! Buti na lang meron na ngayong CCT! So despite the criticisms, push on Sec. Dinky!

But clearly, the  government is paying a high    price for the very slow  judicial processes  in the country. More importantly, as history ought to teach us,  the delay in the dispensation of justice will cause our social volcano to gather strength and spew its fury in the middle of the night, catching us unprepared to defend ourselves.   As the world remembers the tragedy that was 9/11, let us also remember the innocent people who are still  suffering in jail, many of whom are poor. May the lawyers, the judges and the justices always render justice to the rich, and  more so to the poor.

Meantime, be careful of the typhoons that come the mostest in the third quarter, the strongest⁸ in the fourth quarter of the year, and the deadliest in November! 

Reactions and views are welcome thru email to the author at ra.virola@nscb.gov.ph

_______________
¹ Secretary General of the National Statistical Coordination Board (NSCB) and Chairman of the Statistical Research and Training Center (SRTC). He holds a Ph. D. in Statistics from the University of Michigan in Ann Arbor, U.S.A. and has taught mathematics and statistics at the University of the Philippines. He is also a past president of the Philippine Statistical Association. This article was co-written by Severa B. de Costo & Marietta Gumela, Statistical Coordination Officer VI, and Statistical Coordination Officer III, respectively, of the NSCB. The authors thank Jessamyn O. Encarnacion, Cynthia S. Regalado, Noel S. Nepomuceno, Gerald Junne Clarino, Candido J. Astrologo, Jr., Edwin U. Aragon, Sonny U. Gutierrez, Louella R. Ragos, Albert Garcia, Andrea Baylon, Virginia M. Bathan and Edgard E. Enrado for the assistance in the preparation of the article. The views expressed in the article are those of the authors and do not necessarily reflect those of the NSCB. Table 5 was revised on September 15, 2011 from the initial release on September 12, 2011 due to a correction sent by the Bureau of Corrections on September 15.

² Philippine Statistical Development Program, 2005-2010, NSCB

³ Supreme Court of the Philippines, Department of Justice, United Nations Development Programme, PHI/02/007 – Judicial Reform: Strengthening Access to Justice by the Disadvantaged, Center for Public Resource Management, Inc.

⁴ This and succeeding paragraphs draw and quote liberally from Mildred Bernadette Baquilod Alvor, "The Philippine Corrections System: Current Situation and Issues",http://www.unafei.or.jp/english/pdf/RS_No67/No67_09PA_Alvor.pdf, The 149th International Training Course – Securing Protection and Cooperation of Witnesses and Whistle-blowers.

⁵ The number has risen to 60,893 as of February 2011. See the BJMP website athttp://www.bjmp.gov.ph

⁶ Includes malfeasance and misfeasance in office (bribery), fraud, malversation of public funds or property, infidelity, and other offenses like usurpation of powers and unlawful appointments and abuses against chastity.

⁷ Includes kidnapping and serious illegal detention, unlawful arrest, trespassing, grave threats, grave coercion, etc.

In 2010, there were 59,289 inmates in BJMP jails, an increase of 2.9% from 2009.  Of this total, 56,479 or 95.3 % were detained, and 2,810 or 4.7%  were sentenced, representing an increase of 3.3% and a decrease of 4.7%, respectively, from 2009. In addition, 1,147 were in PNP jails on a temporary basis in 2010, an increase of 5.0% from 2009.  

Table 1. Average BJMP/PNP Jail Population by Classification and Region 2010

Note: Classification of inmates is either adult (18 years old and above) or minor (below 18 years old), while status of inmates refers to detained (those who are on trial) or sentenced (those who are already convicted).

Source of Basic Data: Bureau of Jail Management and Penology (BJMP)

Table 2. Number of Jail Escapees and Recoveries by Region: 2009-2010

Note: PNP Jails not included

Source of Basic Data: Bureau of Jail Management and Penology (BJMP)

Table 3. Jail Escapees by Quarter 2009-2010

Source of Basic Data: Department of the Interior and Local Government, Bureau of Jail Management and Penology

Table 4. Jail Density and Congestion Rate by Region: ( for December 2009 and December 2010)

* No data provided for 2009

Note: Ideal cell space requirement per inmate is 4.7 sq.m. in 2010. For 2009, however, the ideal cell space requirement appears to be only 3.0 sq. m. per inmate.

Source of Basic Data: Bureau of Jail Management and Penology (BJMP)

Table 5. Profile of Prisoners in Bureau of Corrections(BuCor) Prisons: 2009-2010

Source of Basic Data: Bureau of Corrections (BuCor)

* - No disaggregation provided for Region IV-A and Region IV-B

Table 6. Directorate for Inmates Welfare and Development Programs (DIWDP)
Accomplishment Report July-December 2010

* Note: Para legal and Aftercare service are based on the total data in a year as well as the project of other programs. Inmates benefitted of other programs are based on the average statistics in a year.

Source of Basic Data: Bureau of Jail Management and Penology

Table 7. Number of Children in Conflict with the Law (CICL) Served by the DSWD by Region, Sex and Age Group: 2009-2010

*Different disaggregations used 

Note: Children in Conflict with the Law (CICL) refer to those young people who are alleged as, accused of, or adjudged as, having committed an offense under Philippine laws; minors who are over nine years but under eighteen years of age at the time of the commission of the offense; also referred to as youth offenders or juvenile delinquents.

Source of Basic Data: Department of Social Welfare and Development (DSWD)