Old and dying, women inmates languish in correctional facility
AIE BALAGTAS SEE, GMANews.TV
07/13/2009 | 09:42 PM


WAITING FOR PRESIDENTIAL PARDONS. Sick and elderly inmates plead for freedom and compassion. CIWMANDALUYONG, Philippines - Amparo David, 73, has been dying to taste freedom through executive clemency for two years. Not only is she qualified to receive a presidential pardon because of her age, but the bed-ridden inmate is also sick with tuberculosis of the spine and diabetes.

Three months ago, a public lawyer informed Tita Ampi, as she is fondly called inside the Correctional Institute for Women (CIW) in Mandaluyong City, that she would soon be freed. But until today, she remains confined to her prison bed, waiting for the much-awaited pardon.

Tita Ampi is one of some 20 inmates at the women’s penitentiary with special conditions such as old age and serious illnesses who are waiting for government action on their request for pardon.

But because of the snail-paced justice system, most of the prisoners die without experiencing the same kind of compassion that President Gloria Macapagal Arroyo has extended to high-profile criminals like murder convict Claudio Teehankee, Jr. and rape convict Romeo Jalosjos.

Since 2007, at least seven prisoners diagnosed with serous illnesses have perished in prison annually and the number is expected to increase as more women get sick with various ailments. This year alone, nine have already succumbed to diseases such as cancer, diabetes, and hypertension. The latest case, Millet Dacunes, died last July 2 of breast cancer.

CIW officials maintain that they are not remiss in their duty of informing the Bureau of Pardons and Parole (BPP) about the need to expedite the appeal of the women inmates due to the severity of their health conditions. However, they have no control over BPP’s decision on whether to forward the appeals to Malacañang or not.

Poor parole system

In an interview with GMANews.TV, Inner Wheel Club of the Philippines (IWCP) president Liza Elorde blamed the country’s poor parole system for the long-festering problem. The IWCP has been an advocate for elderly and ailing female inmates.

Elorde said she could not understand why the government could not expedite the inmates’ release, when the ailing prisoners have already suffered for their crimes and no longer pose any danger to society.

“Keeping them longer inside prison cells (despite their deteriorating health condition) is just inhuman," Elorde said. “What harm can they do to society? They’re already dying and nobody wants to die a convict."

Rodolfo Diamante, executive secretary of the Episcopal Commission on Prison Pastoral Care of the Catholic Bishops’ Conference of the Philippines, expressed the same view. “The sick inmates should be freed immediately so that they may join their loved ones before they leave this life," he said.

BPP parole chief Alfredo Malonda explained that the process usually takes about two to three months because they still have to check the applicant’s eligibility based on Mrs. Arroyo’s Memorandum Order 155.

Among the factors that determine eligibility are the prisoner’s age, severity of illness, status of the verdict on appeal, and pending cases of the applicant. Malonda said any failing grade in any of these factors would make the applicant ineligible for pardon, even if she is on her death bed.

“That is the law," he said. “There is no law that actually requires prisoners should be released dahil death is a natural part of the sentence."



Multiple cases

There is no double standard in granting pardons for rich and poor, or male and female prisoners, as far as Malonda is concerned. He said many female law offenders with terminal sickness are still in jail because most of them have committed illegal recruitment, estafa, and other “blue-collar crimes" -- cases which usually have multiple counts.

Tita Ampi was charged with illegal recruitment and estafa. She still has a pending case, which makes her ineligible for pardon based on MO 155. She has served 19 years of her life sentence.

Rachel Ruelo, superintendent of CIW, finds the policy disturbing. She says prisoners such as Tita Ampi can no longer travel to provinces where their pending cases are under litigation. “They don’t have the money and they don’t have the strength. They are already dying," she said.

Last May 18, CIW recommended the granting of parole for seven elderly women aged 60 and above.

There are 13 other inmates who are suffering from various ailments but who have not been recommended for parole because most of them have pending cases.

“To be fair to the President, she granted clemency to some of our elderly inmates last year, pero kailangan mo pang mag-ingay bago may kumilos," said Elorde.

Last year, Mrs. Arroyo commuted the sentences of at least three elderly women inmates for humanitarian reasons. Like Tita Ampi, these women are over 70 years old.

Ruelo is hoping that Mrs. Arroyo could extend the same kind of compassion and understanding she gave to Teehankee and Jalosjos to ordinary offenders, “especially to the women, who are also mothers like her."

Tita Ampi said she does not know how long she can wait, but she remains optimistic that she will still see sunshine outside the prison before her last breath. She believes a hospital complete with medical facilities – and not a prison cell - is the place for old and sick women inmates like her.

“Can you refuse a dying person?" Tita Ampi asked. – GMANews.TV

http://www.gmanews.tv/story/167292/Old-and...tional-facility


Rapists, murderers get early clemency but the old, dying women inmates dont.

The law is not stupid to release convicted murderers, rapists if they do not qualify or met all the criterias provided for, relative to their release what ever nature it might be. It is in a case-to-case basis depending on the merits and legal background of each case pertaining to pardons, executive clemency and other criteria crucial for its implementation.

The article at issue above is quite clear and simple. Those sick inmates have still pending cases to be resolved while being incarcerated, which is a mandatory onus for the law to protect and uphold fairness to victims of other crimes committed by these convicted inmates which are still pending in the courts. Some of these inmates were already at the age of grand-motherhood when they were committing the crimes subsequent to their conviction. At that age they must have been expected to be a role model to the youth but instead they continued to engage in their nefarious trade. So compassion is long away coming for them and death inside the jail is inevitable.

If those inmates are suffering from serious illness, it is the government thru the Department of Justice's obligatory task to look after their welfare.

Just asking, What is a life sentence? How is it implemented? Because if we feel sorry for old prisoners dying inside then why have a life sentence? Why not a limited term like 25 to 40 years imprisonment?

When a criminal is meted out a penalty of "reclusion perpetua" or life imprisonment, doesn't mean that he/she will be inside through out his/her life. With good behavior and no other pending criminal cases against them would amount to a minimum of 30 years stay in jail for only one single case after which the convict becomes eligible for parole.

The matter that irritates the public is that this govt pardone somebody who doesnt deserve it and who should have stayed there much longer.

They pardoned Claudio Teehankee Jr because Malacanang was close a Teehankee or there is a Teehankee in his team currently (the criminal's brother).



Reference:

Penalties:(Note: Mr. Teehankee was pardoned in 2008)


(1) guilty beyond reasonable doubt of the crime of Homicide for the shooting of Roland John Chapman. He was sentenced to suffer an indeterminate penalty of imprisonment of 8 years and 1 day of prision mayor as minimum to 14 years, 8 months and 1 day of reclusion temporal as maximum, and to pay the heirs of the said deceased the following amounts: P50,000 as indemnity for the victim’s death; and, P1,000,000 as moral damages.

(2) guilty beyond reasonable doubt of the crime of Murder, qualified by treachery, for the shooting of Maureen Navarro Hultman. He was sentenced to suffer imprisonment of reclusion perpetua, and to pay the heirs of the said deceased the following amounts: P50,000 as indemnity for her death; P2,350,461.83 as actual damages; P564,042.57 for loss of earning capacity of said deceased; P1,000,000 as moral damages; and P2,000,000 as exemplary damages.

(3) guilty beyond reasonable doubt of the crime of Frustrated Murder, qualified by treachery, for the shooting of Jussi Olavi Leino, and sentenced to suffer the indeterminate penalty of 8 years of prision mayor as minimum, to 14 years and 8 months of reclusion temporal as maximum, and to pay the said offended party the following amounts: P30,000 as indemnity for his injuries; P118,369.84 and equivalent in Philippine Pesos of U.S.$55,600.00, both as actual damages; P1,000,000 as moral damages; and, P2,000,000 as exemplary damages.

(4) In all three cases, to pay each of the 3 offended parties the sum of P1,000,000, or a total of P3,000,000, for attorney’s fees and expenses of litigation; and

(5) To pay the costs in all 3 cases.


http://jlp-law.com/blog/people-vs-claudio-...jr-case-digest/


Claudio Teehankee should have been meted the maximum of 14 years for killing Leino without mercy and 20 years for murdering Maureen.

All in alln IT SHOULD HAVE BEEN 34 years.

But since a Teehankee in Malacanang's team intervened, he got his freedom back too early.

That's the whole point.

They jailed the ADVSECOM guys for 20 years even when it wasnt them who shot Ninoy.

They jailed them simply because this govt had no other fall guys to take the beating.

While a maniacal Teehankee after ending the life of 2 young people and ruining the lives of their families forever simply walked away.

Believe me, this law only protects the rich and influential.

If this crime happens to me, I will not be contented to seeing them rot in jail.

Only humans made this law anyway, so why give all your respect to it?

Worse, it was tainted by the ruling corrupt elites and the breed of greed.

In fact, the biggest thieves and murderers in this land dont get punished.

They simply walk way and keep on s-h-i-t-t-i-n-g on everyone's head.

As for the Leinos and Hultmans , i suggest they visit Nueva Ecija or UP and find justice there.

By law the Chief Executive of the land can grant pardon. In a corrupt system, a convicted criminal who has strong political grapevine connections are the one's who can obviously be prioritized moreso if the convict is highly known by the pardoning power. And in my view, by granting early pardon to Teehankee jr., is a grievious abuse of the power to pardon as there are convicted inmates that deserved pardon except those who have still pending cases unresolved in the courts and those who are recidivist.

That's the makes the public so disgusted about how things are running in this government.

When you have money and influence, you'll get your freedom back too soon or wont bother about freedom because you'll never get jailed anyway.

For the powerless and poor, the slightest crime or a crime that is shrouded with many doubts can make them rot in jail or perhaps pay for somebody else's crime.