SC moves to reduce bail for indigents

The Supreme Court (SC) is expediting the crafting of new rules that would allow indigent litigants, who are first offenders and whose criminal charges are bailable, to post more affordable bail to enable them to be out of detention while their cases are being litigated in courts.

Efforts of the SC for indigent litigants were made known by Associate Justice Maria Filomena D. Singh during a visit to the Cebu City Jail-female Dormitory (CCJ-FD) last May 10.

Justice Singh was accompanied during the visit by Associate Justice Jose Midas P. Marquez, Court Administrator Raul B. Villanueva, and SC spokesperson lawyer Camille Sue Mae L. Ting.

Primarily, the visit was aimed at checking the condition of the jail facilities and getting feedbacks from female PDLS to help the SC in the creation and formulation of the Manual and Protocol

for Handling of Cases of Women in Conflict with the Law.

Justice Singh co-chairs the SC Committee on Gender Responsiveness in the Judiciary (CGRJ) with Associate Justices Henri Jean Paul B. Inting and Jhosep Y. Lopez.

In her message to women PDLS, Justice Singh expressed the SC’S and her sympathy to them and the difficulty to afford bail.

Speaking in Pilipino, Justice Singh lamented: “It is a big discrepancy in our rules that those of you who should be allowed to be granted bail cannot do so because of the inability to pay.”

The issue on bail prompted Chief Justice Alexander G. Gesmundo to take up with Justice Secretary Jesus Crispin C. Remulla to lower bail recommendations by prosecutors in criminal cases filed in courts.

“Now, if the accused is indigent and they can be granted bail, bail should only be at ₱10,000 so that while your case is being tried, while you are still innocent, you do not have to be jailed,” she told the women PDLS.

In the rules being drafted together with Justice Marquez, Justice Singh said: “If you have a case, and you can be granted bail but you lack the resources to afford it, our judges will be required to look at the factors, such as if you are a first offender, the nature of your case, your age, you are pregnant, you are a mother who is still taking care of young children, or you are the breadwinner of your family.”

“These factors will be looked into by our judges, and if such factors are present, instead of confining you while your case is being tried, you can be set free under other safeguards,” Justice Singh pointed out.

Justice Singh also highlighted that persons convicted of heinous crimes can now avail themselves of Good Conduct Time Allowance (GCTA) in serving their sentences.

Under the GCTA law, good conduct credits earned by PDLS shorten their jail terms.

The SC had earlier ruled in the Guinto case that GCTA credits also apply to PDLS convicted of heinous crimes and those who are repeat offenders.

“Because we are only people, we are bound to make mistakes, we are not perfect nor are we gods. When we do make mistakes, you should still have the opportunity to change, because none of us are perfect,” Justice Singh said.

“This is why we pronounced in the case of Guinto, even if you are found guilty of a heinous offense, even if you are recidivist, you can avail of GCTA, so let’s do our best,” she said as she encouraged the PDLS to participate in the jail’s various programs which can be credited for GCTA.

She commended the cultural dance prepared by the PDLS and recommended that the same be given GCTA credits.

“For the dance earlier, thank you for the beautiful performance. We should also credit that as GCTA because that is a very constructive way of spending their time,” she said.

After meeting the with PDLS and delivering her message, Justice Singh, together with Justice Marquez, Court Administrator Villanueva, and Ting, toured the facility and took note of the living conditions of the PDLS.

Throughout the tour, Justice Singh made continuous inquiries regarding the Cebu City Jail’s procedures and protocol on handling their female PDLS, especially the minors, the elderly, and the pregnant women.

Also present during the visit were Dean Jose Glenn C. Capanas of the University of San Carlos School of Law and Governance, and lawyer Mary Grace H. Casano, executive director for legal aid of the Integrated Bar of the Philippines Cebu City Chapter.