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Freedom and Death Inside the Jail.pdf - The Action Program for ...

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Firewood: <strong>The</strong> Root Causes of Problems<br />

Table 4.11 : Inmates’ Perception of Why <strong>The</strong>ir Cases are Delayed<br />

Because of this, an inmate is scheduled <strong>for</strong> hearing every two<br />

months only. But <strong>for</strong> to lack of material time or absence of witnesses<br />

or non-appearance of police officers <strong>and</strong> complainants, a hearing<br />

is called off most of <strong>the</strong> time.<br />

Inmates who are charged with low-penalty crimes, say two to<br />

three years enter a guilty plea <strong>and</strong> avail <strong>the</strong>mselves of probation.<br />

That way, <strong>the</strong>ir case is processed straightaway <strong>and</strong> <strong>the</strong>y avoid detention<br />

that lasts <strong>for</strong> years.<br />

Every week, Quezon City <strong>Jail</strong> admits an average of 100-120<br />

inmates who come from different police stations in Quezon City,<br />

<strong>the</strong> National Bureau of Investigation, <strong>and</strong> o<strong>the</strong>r law en<strong>for</strong>cement<br />

agencies. Meanwhile, around 80 inmates are released <strong>and</strong> around<br />

20 are transferred to o<strong>the</strong>r penal institutions every week. In o<strong>the</strong>r<br />

words, 20 inmates per week or almost a hundred per month are<br />

added to <strong>the</strong> inmate population of <strong>the</strong> <strong>Jail</strong>.<br />

Delay in <strong>the</strong> inmates’ cases has to do mostly with judges, prosecutors,<br />

<strong>and</strong> lawyers who ei<strong>the</strong>r die or are transfered to o<strong>the</strong>r courts or<br />

get promoted or removed from <strong>the</strong>ir position. According to inmates,<br />

a judge’s promotion translates to a minimum of five months of<br />

no trial. Longer if <strong>the</strong> judge dies, which could mean at least eight<br />

months of no trial. Most inmates experience having <strong>the</strong>ir cases<br />

transferred to different judges at least three or four times, which<br />

translates to two years of <strong>the</strong> case not making a dent of progress.<br />

When lawyers suddenly withdraw from <strong>the</strong> case, inmates are<br />

left in <strong>the</strong> middle of nowhere. This usually happens to inmates<br />

who initially employ <strong>the</strong> services of private lawyers. After staying<br />

in jail <strong>for</strong> a year or two, <strong>the</strong>ir financial resources dry up <strong>and</strong> <strong>the</strong>y<br />

can no longer af<strong>for</strong>d to pay <strong>the</strong>ir lawyers. <strong>The</strong>y are <strong>the</strong>n <strong>for</strong>ced to<br />

employ PAO lawyers, who have to read <strong>and</strong> study <strong>the</strong> cases from<br />

<strong>the</strong> beginning.<br />

71

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