Office of SolGen opposes plea of inmates seeking temporary release from jail amid #COVID19 threat saying congestion in jails is not a ground for their release. Accuses them of being CPP-NPA-NDF members, taking advantage of pandemic issue.
Twenty-two inmates, mostly sick and elderly and all political prisoners from different jails, have urged the Supreme Court to order their release on humanitarian grounds, claiming that congestion in jails makes them vulnerable to the rapid spread of the virus.
OSG: While it is true that some of the detention and reformatory facilities in the country are highly congested, unfortunately, congestion in prison facilities is not among the grounds to release inmates.
OSG: Without a doubt, this petition is a ruse to remove them from the confines of judicially-approved penal custody. Contrary to their claim, there are no humanitarian considerations involved, but merely opportunistic legalism to distort established judicial processes.
OSG: For more than 51 years, it has always been scheme of CPP-NPA-NDF to exploit every opportunity in guise of humanitarian considerations to facilitate release of its detained members...The CPP-NPA-NDF is bent on exploiting COVID-19 crisis while rest of the world finds solution.
OSG says petitioners can't be released on recognizance as they are charged with offenses punishable by reclusion perpetua; neither on bail as they are charged with non-bailable crimes ranging from murder to kidnapping. Equity only applicable in the absence of statute or rule.
OSG also says Enrile doctrine inapplicable. Says Enrile's social and political standing, immediate surrender indicate he is not flight risk aside from his fragile health while petitioners have evaded arrest since termination of peace talks. Enrile ruling applicable only to Enrile
OSG says granting petition would accord petitioners special treatment or undue favor. Says health protections and safety measures are in place in all penal facilities and PH govt has taken steps to arrest the spread of the virus.
OSG claims inmates are better protected inside jails citing New Bilibid Prison Hospital's 500-bed capacity with a 1:60 bed to population ratio, better than outside.

FACT-CHECK: NBP inmate who died of COVID was sent to RITM in Alabang after exhibiting #COVID19 symptoms.
Latest tally of COVID-19 cases in Philippine jails:

Quezon City Jail – 9 inmates, 9 staff
Correctional Institution for Women Mandaluyong – 21 inmates, 1 staff
New Bilibid Prison – 1 inmate (dead)
Cebu City Jail – 210 inmates staff (including 1 inmate dead)
BJMP Region VII reporting 63 new #COVID19 cases from Cebu City Jail Male Dormitory
OSG says SC petitioners "strangely silent" on whether State can provide medical care to petitioners while inside jails.

OSG Comment also "strangely silent" as to the number of confirmed #COVID19 cases in PH jails as of time of filing on Friday.
Fides Lim, wife of NDFP consultant Vicente Ladlad, one of SC petitioners, denounces OSG's tagging her as a communist. Says she is fighting for release of husband, 71 and has COPD: I am sure that the OSG if his wife loves him enough would want his wife to do the same for him.
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