On the 30 August 2017 Statements of President

Duterte
UP Law Karapatan ng Komunidad sa Loob ng Selda (KAKOSA) denounces the
recent statements made by President Duterte last 30 August 2017 about the
Philippine correctional system and persons deprived of liberty. His sentiments
reflect a narrow and prejudiced view of persons deprived of liberty.
The Philippine correctional system is founded on the principles of restorative
justice. In one of his recent speeches,[1] President Duterte said that our
correctional system is based on retribution. While the Revised Penal Code of 1930,
being based on antiquated Spanish laws, was indeed grounded on retributive
justice, several laws in our jurisdiction have already recognized restorative justice
as an important part of our correctional system. As early as 1933, our legislature
enacted the Indeterminate Sentence Law "to uplift and redeem valuable human
material, and prevent unnecessary and excessive deprivation of personal liberty
and economic usefulness".[2] The Probation Law of 1976 also states that “one of
the major goals of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby
reduce the incidence of recidivism.”[3]
Persons deprived of liberty have the capacity to be rehabilitated. The President
further commented that criminals can no longer be rehabilitated and that
offenders who have served their sentence prefer to go back to the national
penitentiary. This is belied by data from the Parole and Probation Administration
(PPA)[4] showing that out of the probationers, parolees, and pardonees that the
PPA monitored for the year 2015, 98% complied with the terms and conditions of
their probation or parole.[5] Earlier data show an average of 5% recidivism rate for
the period from 2001 to 2003.[6] These data demonstrate the capacity of persons
deprived of liberty to re-enter society as productive citizens.
Persons deprived of liberty do not lose their humanity because of their
incarceration. The President also claimed that “prisoners have lost the essence of
a person”.[7] We condemn this blatant disregard of the dignity and rights of
persons deprived of liberty. Stay in the penitentiary does not mean that these
persons are beyond redemption or rehabilitation. Inside Bilibid, they are accorded
freedoms that respect their humanity, such as the freedom to practice their
respective religions and to participate in scholastic and recreational activities. They
are given the chance to enroll in educational and vocational programs to help them
become productive members of society once more. Some even serve their
incarcerated fellows by being leaders in their churches and schools, fostering a
sense of community inside the penitentiary.
It is therefore detestable that these statements should come from the Chief
Executive who is constitutionally mandated to faithfully execute the laws of the
land and to promote the welfare of all citizens, including those incarcerated. Such
statements that undermine State policies should not be tolerated. It is, after all, the
policy of the State “to promote the general welfare and safeguard the basic rights
of every prisoner incarcerated in our national penitentiary.”[8] It is the duty of the
government, through the Bureau of Corrections, to prepare inmates “to live a
normal and productive life upon reintegration to the mainstream society.”[9]
We call on this administration and its officials to faithfully execute their duties,
especially the promotion of the welfare of persons deprived of liberty. We demand
careful deliberation on every statement made by our public officers sworn to
protect human rights.
We enjoin everyone to recognize and support the efforts of these persons to reform
themselves. Any person’s desire and effort to change should not be trivialized. Let
us be critical of statements and actions, particularly of those occupying positions
of power and influence, that dehumanize persons deprived of liberty.
_______________________________________________________
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[1] Speech by President Duterte During the 23rd Anniversary Celebration of
TESDA, http://pcoo.gov.ph/wp-content/uploads/2017/08/20170830-
Speech_of_President_Rodrigo_Roa_Duterte_during_the_23rd_Anniversary_Celebratio
n_of_the_Technical_Education_and_Skills_Development_Authority_TES.pdf
[2] People v. Ducosin, G.R. No. L-38332, December 14, 1933
[3] Presidential Decree No. 968 (1976)
[4] Id., Sec. 18. The PPA is a Department of Justice agency tasked to promote the
correction and rehabilitation of an offender through individualized community-
based treatment programs.
[5] Parole and Probation Administration, Annual Report 2015,
http://probation.gov.ph/wp-content/uploads/2016/01/2015-year-end-reports.pdf
[6] Mildred Alvor, The Philippine Corrections System: Current Situation and Issues,
http://unafei.or.jp/english/pdf/RS_No67/No67_09PA_Alvor.pdf
[7] Patricia Viray, Despite Duterte's views on inmates, BuCor mandated to reform,
rehabilitate, http://www.philstar.com/headlines/2017/08/31/1734503/despite-
dutertes-views-inmates-bucor-mandated-reform-rehabilitate, August 31, 2017
[8] Republic Act No. 10575 (2013), Sec. 2
[9] Id., Sec. 3(b)